HomeMy WebLinkAbout8.2 Attch 1 CC Staff Rpt 07-17-2012 82 STAFF REPORT CITY CLERK
CITY COUNCIL File # 530-35
DATE: July 17, 2012
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager( A�
SUBJECT: Informational Report on the City's Noise Regulations
Prepared by Mamie R. Delgado, Senior Planner
EXECUTIVE SUMMARY:
At the June 19, 2012 City Council meeting, Staff was directed to prepare a report on the City's
noise regulations as they relate to the operation of day care facilities and the reuse of school
sites. This report outlines the City's current noise regulations and provides options for the City
Council's consideration.
FINANCIAL IMPACT:
None at this time. Depending on which option the City Council selects, a future budget
adjustment may be required.
RECOMMENDATION:
Staff recommends that the City Council receive the Staff presentation; and provide direction.
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Submitted By Reviewed By
Director of Community Development Assistant City Manager
DESCRIPTION:
At the June 19, 2012 City Council meeting, Staff was directed to prepare an informational report
on the City's noise regulations and develop options regarding day care facilities for the City
Council's consideration, which includes the reuse of school sites for the operation of private day
care facilities. This report summarizes the City's noise regulations contained in the Dublin
General Plan, Title 8 of the Dublin Municipal Code (Zoning Ordinance) and Title 5 of the Dublin
Municipal Code (Public Welfare) and includes options for amending these regulations to
address to reuse of school sites for private day care facilities.
City of Dublin Noise Regulations
Dublin General Plan
Page 1 of 6 ITEM NO. 8.2
ATTACHMENT 1
One of the seven State mandated Elements of a General Plan is a Noise Element (Attachment
1). The Dublin General Plan Noise Element sets forth acceptable and unacceptable levels of
noise exposure for a variety of land uses including residential. A noise exposure level of 60
decibels or less is considered normally acceptable for residential areas. The Noise Element
identifies traffic as the primary source of continuous noise in Dublin and includes implementing
policies that facilitate mitigating noise impacts.
Title 8 of the Dublin Municipal Code (Zoning Ordinance)
The Dublin Zoning Ordinance sets forth the types of uses that are permitted, conditionally
permitted and prohibited in residentially zoned areas. Uses that are permitted generally have
little to no impact on surrounding uses; uses that are conditionally permitted generally have the
potential to create an adverse impact to surrounding uses but conditions of approval may
mitigate those impacts and make the use acceptable. Day Care Centers (including preschools)
are conditionally permitted uses that are allowed with approval of a Conditional Use Permit by
the Planning Commission in all residential, commercial and industrial zoning districts. Day Care
Centers are not permitted in the agricultural zoning district.
In order for the Planning Commission to approve a conditionally permitted use, it must make
certain findings regarding compatibility, health and safety, suitability, and compliance with the
General Plan, among other things (Attachment 2). The Planning Commission must also make
an environmental determination that the proposed project is either exempt from the California
Environmental Quality Act (CEQA) or adopt an environmental document.
In determining the level of environmental review appropriate for a proposed project, all potential
impacts must be identified and analyzed to determine their significance. This is done through
specialized studies such as noise studies, traffic and/or parking studies, etc. If a study reveals
significant impacts, those impacts must be disclosed and, to the extent feasible, mitigated to an
acceptable level. The thresholds for what is deemed acceptable vary depending on the type of
study being conducted. For noise studies, the thresholds of acceptable noise exposure levels
are contained in the Dublin General Plan Noise Element (see Attachment 1).
Title 5 of the Dublin Municipal Code
Chapter 5.28 of Title 5 of the Dublin Municipal Code is the City's Noise Ordinance which
prohibits unreasonable noise (Attachment 3). Chapter 5.28 establishes general standards for
determining whether noise is unreasonable. When the City receives a complaint regarding
noise, Chapter 5.28 is utilized to determine whether the noise is unreasonable and thus a
violation of the Dublin Municipal Code. If a complaint is received against a business that is
conditionally permitted, the business's Conditional Use Permit or Minor Use Permit would also
be reviewed to determine whether the business is operating in accordance with their permit
including any conditions of approval.
Day Care Centers (including Preschools)
Day Care Centers are defined by the Dublin Zoning Ordinance as any child day care facility that
accommodates 15 or more children. As noted above, Day Care Centers are conditionally
permitted in all residential, commercial and industrial zoning districts with approval of a
Conditional Use Permit by the Planning Commission. The two most common concerns
expressed by Dublin residents regarding Day Care Centers are traffic and noise. The size,
Page 2 of 6
location and operating characteristics of a day care center are evaluated in determining whether
a traffic study is appropriate. For noise studies, the proximity of the day care center to residential
uses is the determining factor. Day care centers which abut residential uses are subject to a
noise study to determine whether the noise associated with outdoor play, when combined with
the existing noise environment, will exceed the normally acceptable noise exposure thresholds
in the Dublin General Plan.
Over the past 5 years, five Day Care Centers have been approved and an additional three Day
Care Centers are currently in Planning Review. Of the five Day Care Centers which were
approved, three included noise studies at an average cost of approximately $4,000. After
adding the City's overhead, the average cost to an applicant for a noise study to be prepared is
approximately $7,400. The two remaining Day Care Centers did not include project specific
noise studies; in reviewing prior environmental documents for each location, it was determined
that noise impacts had been adequately analyzed and the Day Care Centers, as proposed,
would not create a significant impact beyond what was previously analyzed.
At the City Council's direction, Staff has prepared the following options for consideration.
Options for Consideration
1. Amend the General Plan to establish noise policies regarding the reuse of school sites
with day care facilities.
2. Amend the Noise Ordinance to address noise generated by day care centers.
3. Amend the Zoning Ordinance to establish a ministerial process for the review and
approval of day care centers if they can meet established development standards.
4. Continue with the current entitlement process for Day Care Centers.
Option 1
The Dublin General Plan Noise Element could be amended to include policies regarding the
reuse of school sites with day care facilities. Staff is currently working on an update to the
General Plan to reflect changes that have occurred in the community, most notably since the
adoption of the Eastern Dublin Specific Plan. The General Plan update was not intended to
revisit and revise policy direction but rather to refresh and reformat the General Plan to make it
more relevant, readable and user friendly. However, as part of the General Plan update effort,
the City Council could direct Staff to look at noise policies for the reuse of school sites with day
care facilities.
The costs associated with this option would include Staff time and City Attorney time in
preparing the General Plan Amendment. Staff estimates spending approximately 80 hours on
the project and the City Attorney estimates spending 22 hours for a total cost of approximately
$15,000. Additionally, Staff would need to retain the services of a noise consultant to prepare
draft policies and a technical noise analysis including an assessment of environmental impacts.
The consultants cost to accomplish this task is estimated to be $7,600. The costs associated
with the environmental review are assumed to be included in the current budget for the entire
General Plan update project. A budget adjustment for the General Plan update project in the
amount of $22,600 would be required to accomplish this Option. Additional Staff time to
complete the General Plan update would also need to be allocated. It is estimated that this
Page 3 of 6
Option would take 8 weeks to complete. Currently, the General Plan update, including the new
Economic Development Element, is planned to go to public hearing for adoption in February
2013; this Option would extend the completion of the project by approximately 2 months,
delaying the adoption hearings to April 2013.
Option 2
Chapter 5.28 (Noise) of the Dublin Municipal Code could be amended to address noise
generated by private day care facilities. Currently the Noise Ordinance does not address
specific sources of noise but rather establishes general regulations for when noise generated is
detrimental and unreasonable. The City Council could direct Staff to look at amending the Noise
Ordinance to address noise generated by Day Care Centers and exempt them as a source of
noise that could be considered detrimental and unreasonable. As such, Staff would not evaluate
potential noise impacts related to Day Care Centers when reviewing applications for a
Conditional Use Permit. This option could apply to the reuse of school sites or City-wide.
The costs associated with this option would include Staff time and City Attorney time in
preparing the Municipal Code Amendment. Staff estimates spending 100 hours on the project
and the City Attorney estimates spending 22 hours for a total cost of approximately $17,600.
Additionally, Staff would need to retain the services of a noise consultant to prepare a technical
noise analysis including an assessment of environmental impacts. The consultants cost to
accomplish this task is estimated to be $7,600. Staff would also need to retain the services of an
environmental consultant to prepare the required California Environmental Quality Act review.
The consultants cost to prepare the environmental document is estimated to be $8,000. A
budget adjustment would be required for this Option in the amount of $33,200. It is estimated
that this Option would take 4-6 months to complete.
Option 3
The Zoning Ordinance could be amended to establish a ministerial process for the review and
approval of Day Care Centers, similar to the process for Large Family Day Cares and Indoor
Recreational Facilities. Both Large Family Day Cares and Indoor Recreational Facilities used to
require approval of a Conditional Use Permit. The Zoning Ordinance was amended to make
both permitted uses subject to approval of a Zoning Clearance if certain development standards
could be met. A similar process could be evaluated for Day Care Centers. This would require
that Staff create development standards to evaluate a proposed Day Care Center. A Day Care
Center that met the developments standards could be approved with a Zoning Clearance which
would not require a public notice or a public hearing. A Day Care_ Center that did not meet the
development standards could be approved through a Minor Use Permit which would require a
public notice but not a public hearing or a Conditional Use Permit which would require both a
public notice and a public hearing. This option could apply only to the reuse of school sites or it
could apply City-wide.
The costs associated with this option would include Staff time and City Attorney time in
preparing the Municipal Code Amendment. Staff estimates spending 100 hours on the project
and the City Attorney estimates spending 22 hours for a total cost of approximately $17,600.
Additionally, Staff would need to retain the services of a noise consultant to prepare a technical
noise analysis including an assessment of environmental impacts. The consultants cost to
accomplish this task is estimated to be $7,600. Staff would also need to retain the services of an
environmental consultant to prepare the required California Environmental Quality Act review.
The consultants cost to prepare the environmental document is estimated to be $8,000. A
Page 4 of 6
budget adjustment would be required for this Option in the amount of $33,200. It is estimated
that this Option would take 4-6 months to complete.
Option 4
Continue processing Day Care Centers as a conditional use and perform a noise study when a
Day Care Center is located adjacent to residential uses regardless of whether the Day Care
Center is located on private property or property owned by the Dublin Unified School District.
Next Steps
Staff requests that the City Council provide direction on how to proceed. Should the City
Council select one of the four options outlined in this report, Staff proposes to proceed as
follows:
Option 1 —Amend the General Plan Noise Element:
• Solicit a scope of work, budget and timeline from a noise consultant.
• Commence work on preparing draft policies.
• Prepare a technical noise analysis based on draft policies.
• Complete a draft technical noise analysis report.
• Review report and finalize.
• Incorporate into environmental document for the General Plan update project.
Option 2 —Amend Chapter 5.28 (Noise) of the Dublin Municipal Code:
• Solicit a scope of work, budget and timeline from a noise consultant.
• Solicit a scope of work, budget and timeline from an environmental consultant.
• Commence work on preparing draft amendments.
• Prepare a technical noise analysis based on draft amendments.
• Complete a draft technical noise analysis report.
• Review report and finalize.
• Prepare environmental document.
• Public review of environmental document.
• Planning Commission hearing.
• Two City Council hearings.
Option 3 —Amend Title 8 of the Municipal Code (Zoning Ordinance):
• Solicit a scope of work, budget and timeline from a noise consultant.
• Solicit a scope of work, budget and timeline from an environmental consultant.
• Commence work on preparing draft amendments.
• Prepare a technical noise analysis based on draft amendments.
• Complete a draft technical noise analysis report.
• Review report and finalize.
• Prepare environmental document.
• Public review of environmental document.
• Planning Commission hearing.
• Two City Council hearings.
Option 4 — Continue with the current entitlement process for Day Care Centers.
Page 5 of 6
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
This is an informational report to the City Council at their request. No action will be taken to
amend or adopt any policy, ordinance or regulation. As such, a public hearing is not required
and therefore a public notice is not required.
ATTACHMENTS: 1. Dublin General Plan Noise Element
2. Chapter 8.100 (Conditional Use Permit)
3. Chapter 5.28 (Noise)
Page 6 of 6
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Government Code sec, 65302(f)outlines statutory requirements for noise elements. Recognizing the State Office of
Noise Control (ONG) guidelines, noise elements must quantify current and projected noise levels for local noise
sources.Among the noise sources to be evaluated are highways,freeways,arterials and major streets, railroads and
rapid transit systems,airports and heliports,industrial plants,and any other local sources,
Traffic noise and potential light rail noise are the only major noise sources in Dublin's planning area. The focus of this
noise element, therefore, is the effect of traffic and transit noise on locating categories of land use and developing
projects within those categories. Information supporting the adopted noise policies is located in the corresponding
Noise Element section of the Technical Supplement. The planning area contains no railroads, airports, heliports or
industrial plants.Since these noise sources are not a factor in Dublin's planning,they are not addressed.
Traffic is the primary source of continuous noise in Dublin. Noise exposure contours have been plotted for 1983
(based on noise measurements and current traffic data) and projected to 2005 based on traffic volume increases
(see Figures 9-1 and 9-2), The Community Noise Equivalent Level (CNEL) described 24-hour average noise levels
measured in decibels(dB)taking account of the increased sensitivity of people to noise during evening and nighttime
hours. Sound levels between 7:00 and 10:00 p.m: are penalized 5 dB and those between 10:00 p.m. and 7:00 a.m.
are penalized 10 dB. The dB scale is logarithmic;a 3 dB difference normally is discernable and a 10 dB increase is
subjectively heard as a doubling in loudness.
The other potential significant noise source is the two proposed BART stations. Based on best available Information
(as of January 1992) one station will be located In downtown Dublin, near existing commercial development. The
other station will be located on Alameda County property,west of the Hacienda interchange.
Noise impacts from these two stations were addressed in the "Draft Environmental Impact Report Dublin I
Pleasanton Extension Project," September 1989. This document was certified on February 8, 1990. A copy of this
document is available from the City Public Works Department. No areas near the Dublin stations were identified
where noise or vibration would exceed acceptable standards.
The Land Use Compatibility Table provides the basis for decisions on location of land uses in relation to noise
sources, and for determining noise mitigation needs. For noise issues in the Western and Eastern Dublin Extended
Planning Areas, refer to the individual specific plan and environmental documents being prepared for-these areas,
These documents are expected to be completed and adopted In 1992.
Guiding Policy
A. Where feasible, mitigate traffic noise to levels indicated by Table 9.1: Land Use Compatibility for
Community Noise Environments.
implementing policies
B. Request Caltrans to provide noise walls at least seven feet high along both sides of 1-680 between
Amador Valley Boulevard and the Alcosta interchange when additional freeway lanes are constructed.
Page a-1
Future noise, if not mitigated, will subject about 2,700 residents to levels exceeding 65 CNEL. The noise wall
would reduce noise by 10 dB, making this the most cost-effective noise reduction project In Dublin.Actual wall
height would be determined during project design.
C. Encourage homeowners west of San Ramon Road who are affected by 1-580 noise to construct noise
barriers on their properties where these would be effective and require such barriers for new development. This
policy also applies to sites adjoining the west side of San Ramon Road at higher elevations.
Where the noise source is below the receptors,only barriers near the receptor will be effective.About 5 dB noise
reduction could be achieved,
D. Support unified action by residential owners on the east side of San Ramon Road and along Village
Parkway to install,repair,or extend noise barriers.
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Much of this frontage was developed before effective noise barriers were required as a condition of subdivision
approval. Because construction for a single lot is costly, relatively ineffective, and potentially unattractive, the
City should assist in the formation of assessment districts or otherwise promote group action where there Is I
consensus that a problem exists.
E. Design Dougherty Road improvements and adjoining residential development for compliance with noise
standards.
This corridor offers the opportunity to do It right the first time without continuous walls. Berms, open space,
garages near the road,and noise-conscious site planning can be used.
F. Noise impacts related to all new development shall be analyzed by a certified acoustic consultant.
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G. Request demonstration of ability to mitigate noise prior to approval of light rail or bus service in the 1
Southern Pacific Right-of-Way Transportation Corridor.
A depressed rail line or noise walls close to the tracks could make light rail a goad neighbor.
H. Review all multi-family development proposals within the projected 60 CNEL contour for compliance with
noise standards(45 CNEL in any habitable room)as required by State law.
Because the General Plan designates almost all residential sites subject to 60 or greater CNEL, for multifamily
development, this standard will be effective in Dublin. Project designers may use one or more of four available
categories of mitigation measures: site planning, architectural layout (bedrooms away from noise source, for
example),noise barriers,or construction modifications.
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Page 9-2
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TABLE 9.1
LAND USE COMPATIBILITY FOR COMMUNITY NOISE ENVIRONMENTS
COMMUNITY NOISE EXPOSURE(dB)
Land Use Category Normally Conditionally Normally Clearly
Acceptable Acceptable Unacceptable Unacceptable
(Noise Insulation)
Features Required
Residential 60 or less 60-70 70-75 Over 75
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Motels,hotels 60 or less 60-70 70-80 Over 80
Schools,churches,nursing 60.70 70-80 Over 80
homes 60 or less
Neighborhood parks 60 or less 60-65 65-70 Over 70
Offices: retail commercial 70 or less 70-75 75.80 Over 80
Industrial 70 or less 70-75 Over 75
Conditionally acceptable exposure requires noise insulation features in building design.Conventional construction,
but with closed windows and fresh air supply systems or air conditioning will normally suffice.
Source:California Office of Noise Control,1976,as modified by Charles M.Salter Associates,Inc.
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Page 9-3
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Chapter 8.100 CONDITIONAL USE PERMIT
Chapter 8.100
CONDITIONAL USE PERMIT
8.100.010 Purpose.
The purpose of this Chapter is to establish a procedure for conditionally approving or denying
land uses, including related structures, that are not clearly permitted or prohibited because of
their unique nature. Such uses and related structures would only be approved if their effect on
the surrounding environment can be made acceptable through the application of conditions of
approval.
8.100.020 Uses Requiring a Conditional Use Permit.
The uses and related structures requiring a Conditional Use Permit shall be limited to those in
Chapter 8.12, Zoning Districts And Allowable Uses Of Land, for each zoning district, and
elsewhere in this Ordinance.
8.100.030 Application.
The Applicant shall submit a complete application pursuant to Chapter 8.124,Applications,
Fees and Deposits, accompanied by a fee and/or deposit and such materials as are required
by the Director of Community Development.
8.100.040 Notice and Hearings.
Conditional Use Permit applications shall be considered at a public hearing with notice pursuant
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to Chapter 8.132, Notice and Hearings.
8.100.050 Concurrent Consideration.
When a Conditional Use Permit is required for a project which is also subject to a Zoning
Ordinance Amendment, Specific Plan, Specific Plan Amendment, or General Plan Amendment,
it shall be approved, conditionally approved, or denied by the same decision-maker or body for
those actions.
8.100.060 Required Findings.
}
The following findings shall all be made in order to approve a Conditional Use Permit:
A. The proposed use and related structures is compatible with other land uses, transportation
and service facilities in the vicinity.
B. It.will not adversely affect the health or safety of persons residing or working in the vicinity,
or be detrimental to the public health, safety and welfare.
C. It will not be injurious to property or improvements in the neighborhood.
D. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental
to the public health, safety, and welfare.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed.
F. It will not be contrary to the specific intent clauses, development regulations, or
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Chapter 8.100 CONDITIONAL USE PERMIT
performance standards established for the zoning district in which it is located.
G. It is consistent with the Dublin General Plan and with any applicable Specific Plans.
8.100.070 Action.
The decision-makers for Conditional Use Permits shall be the Zoning Administrator or the
Planning Commission, as specified in the Land Use Matrix in Chapter 8.12, Zoning Districts
And Permitted Uses Of Land. The Planning Commission or the Zoning Administrator shall hold
a public hearing, and after the public hearing is closed may, based on evidence in the public
record, and the findings above, approve, conditionally approve, or deny a Conditional Use
Permit by resolution.
8.100.080 Amendments.
A. Minor Amendment. The Community Development Director or his/her designee shall
determine that a minor amendment to a Conditional Use Permit is in substantial
conformance with the Conditional Use Permit if it is a minor project as described below, is
Categorically Exempt from the California Environmental Quality Act, and is consistent with
the conditions of approval for the permit. It is not the intent of this Chapter that a series of
Minor Amendments be used to circumvent the need for a new Conditional Use Permit. A
minor project shall include any of the following:
1. The cumulative physical expansion of any structure approved in the original
Conditional Use Permit by no more than 1,000 square feet.
2. The expansion or intensification of use by no more than 10% of the original use.
3. Relocation of a use within the same property or structure.
4. A maximum 25% increase or decrease in hours of operation.
B. Other Amendments.The process for amending a Conditional Use Permit shall be the
same as the process for approving a Conditional Use Permit except that the
decision-maker for such Conditional Use Permit shall be the same decision-maker that
ultimately approved the Conditional Use Permit including any approval on appeal, or by
referral.
8.100.090 Building Permits.
Building Permits shall not be issued except in accordance with the terms and conditions of the
Conditional Use Permit approval
8.100.100 Procedures.
The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise
provided in this Chapter.
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Chapter 5.28
NOISE
Sections:
5.28.010 Findings.
5.28.020 Unreasonable noise prohibited.
5.28.030 Violation—Penalty.
5.28.010 Findings.
The City Council finds that the making, creation or maintenance of loud, unnecessary,
unnatural, unusual or habitual noises which are prolonged, unusual, and unnatural in
their time, place and use affect and are a detriment to the public health, comfort, safety,
welfare, and prosperity of the residents of the city. The provisions of this chapter are
enacted for the purpose of securing and promoting the public health, comfort, safety,
welfare, and prosperity and the peace and quiet of the city and its inhabitants. (Ord. 4-84
§ 1)
5.28.020 Unreasonable noise prohibited.
A. It is unlawful and a nuisance for any person within the city persistently to maintain,
emit, cause, mechanically or otherwise, or permit any animal owned by him or in his
possession or control to make any loud, or disturbing, or unnecessary, or unusual or
habitual noise or any noise which annoys or disturbs or injures or endangers the health,
repose, peace or safety of any reasonable person of normal sensitivity present in the
area.
B. The standards which shall be considered in determining whether a violation of the
provisions of this chapter exists shall include, but shall not be limited to the following:
1. The level, intensity, character and duration of the noise;
2. The level, intensity and character of background noise, if any;
3. The time when and the place and zoning district where the noise occurred;
4. The proximity of the noise to residential sleeping facilities; and
5. Whether the noise is recurrent, intermittent or constant. (Ord. 4-84 §2)
5.28.030 Violation—Penalty.
Each violation of this chapter shall constitute a separate offense, and persons violating
this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be
punished by a fine not to exceed five hundred dollars ($500) or by imprisonment in the
county jail for a period not exceeding thirty (30) days, or both such fine and.
imprisonment. (Ord. 4-84 § 3)
http://www.codepubl ishing.com/ca/Dublin/egifMenuCompile.pl 6/27/2012