Loading...
ORD 622 ORDINANCE NO. 622 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 8.24.060 (PROHIBITED ACTIVITIES AND UNLAWFUL CONDITIONS) OF CHAPTER 8.24 (PROPERTY MAINTENANCE) OF TITLE 8 (HEALTH AND SAFETY) OF THE CITY'S MUNICIPAL CODE FINDING THAT MECHANICAL EQUIPMENT GENERATING NOISE LEVELS IN EXCESS OF 65DBA AT THE CLOSEST PROPERTY LINE IS A PUBLIC NUISANCE. WHEREAS, Chapter 8.24 (Property Maintenance) of the Rancho Palos Verdes Municipal Code (RPVMC) finds that the City has a history of and a reputation for well- kept properties, and the property values and the general welfare of the community are dependent, in part, upon the appearance and maintenance of private properties, and that certain unmaintained conditions is injurious and inimical to the public health, safety, and welfare of the residents of the City and contributes to the deterioration of neighborhoods. WHEREAS, Section 8.24.060(A) (Prohibited Activities and Unlawful Conditions) of the RPVMC states that it is unlawful for any person to maintain any condition which results in substantial detriment to the comfortable enjoyment of life or property by others in the immediate vicinity thereof. WHEREAS, the Code Enforcement Division routinely receives noise complaints involving improperly maintained and operational mechanical equipment such as air conditioners and swimming pool equipment. Over the past year, the City received 13 noise complaints which 12 involved mechanical equipment specifically 7 air conditioner units and 6 swimming pool equipment (i.e. filters, pumps, motors). WHEREAS, the City of Rancho Palos Verdes General Plan identifies normal speech at 3 feet as 65 decibels. WHEREAS, Section 17.48.030(E)(5)(b)(1) (Setbacks) of the RPVMC states that new mechanical equipment located in a required interior side or rear setback area shall not generate noise levels in excess of 65 dBA as measured from the closest property line. WHEREAS, the City finds that noise in excess of 65 dBA generated by mechanical equipment is a public nuisance that results in the substantial detriment to the comfortable enjoyment of life or property by others in the immediate vicinity thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. Subsection 13 to Section 8.24.060(A) (Prohibited Activities and Unlawful Conditions) of Chapter 8.24 (Property Maintenance) of Title 8 (Health and Safety) of the RPVMC is hereby added as follows: "(13) Mechanical equipment including, but not limited to, air conditioning units and pool filters, which generate noise levels in excess of 65 dBA as measured from the closest property line" Section 2. The City Council has considered this Ordinance and finds that this project is exempt from the requirements of the California Environmental Quality Act ("CEQA"). The project is exempt pursuant to State CEQA Guidelines, 14 Cal. Code Regs. Sec. 15307 as an action taken to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. This Ordinance does not contemplate any construction activities, and there is no evidence to suggest that the Ordinance will result in a significant impact on the environment, including impacts due to unusual circumstances. The adoption of this Ordinance will result in the enhancement and protection against noise in the City, and there is no evidence to suggest that the Ordinance would in cumulative adverse environment impacts. Based on the foregoing and other substantial evidence in the record, the City Council hereby finds and determines that the Ordinance is exempt from the provisions of CEQA, pursuant to State CEQA Guidelines Section 15307. Further, as a separate and independent ground, the City Council finds that the Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment, the Ordinance is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3). Section 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 4. The time within which judicial review of the decision reflected in this Ordinance must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. Ordinance No. 622 Page 2 of 3 PASSED, APPROVED and ADOPTED this 21st day of May, 2019. qPti Mayor Teo g- ATTES 441101aV- lerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole numbers of the City Council of said City is five; that the foregoing Ordinance No. 622 was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on May 21st, 2019, by the following vote: AYES: Alegria, Cruikshank, Dyda and Mayor Duhovic NOES: None ABSENT: None ABSTAINED:Brooks 4; 1 VWgin City Clerk Ordinance No. 622 Page 3 of 3 CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the City Clerk of the City of Rancho Palos Verdes; That on May 22, 2019, she caused to be posted the following document entitled: ORDINANCE NO.622,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 8.24.060 (PROHIBITED ACTIVITIES AND UNLAWFUL CONDITIONS) OF CHAPTER 8.24 (PROPERTY MAINTENANCE) OF TITLE 8 (HEALTH AND SAFETY) OF THE CITY'S MUNICIPAL CODE FINDING THAT MECHANICAL EQUIPMENT GENERATING NOISE LEVELS IN EXCESS OF 65DBA AT THE CLOSEST PROPERTY LINE IS A PUBLIC NUISANCE„ a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the fo --•ing is a true and correct affidavit of posting. `City Clerk