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CC SR 20170221 03 - Noise Ordinance Potential Items to IncludeRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 02/21/2017 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to review a list of potential items to be included in and exempted from a Citywide Noise Ordinance (Case No. ZON2017-00015). RECOMMENDED COUNCIL ACTION: (1) Review a list of potential items to be included in and exempted from a Citywide Noise Ordinance and provide Staff with direction. ;1I Rfey-,IN I►yi l a_%=01'.71' Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Leza Mikhail, Senior Planner 4,.Y REVIEWED BY: Ara Mihranian, Alcp, Director of Community Development �,. APPROVED BY: Doug Willmore, City Manager;",' ,-I ATTACHED SUPPORTING DOCUMENTS: A. Public Comments received since January 17, 2017 (page A-1) All previous Staff Reports, Meeting Minutes, and public comments on this topic can be found on the City's website via the October 18, 2016, and January 17, 2017, City Council Agenda at http://www.rpvca.gov/772/City-Meeting-Video-and-Agendas BACKGROUND AND DISCUSSION: On October 18, 2016, the City Council initiated code amendment proceedings to add a chapter to Title 9 (Public Peace, Morals, and Welfare) of the Rancho Palos Verdes Municipal Code (RPVMC) to include a Citywide Noise Ordinance. On January 17, 2017, the City Council considered a draft Noise Ordinance which was based solely on "reasonableness standards," as opposed to decibel level standards. At that meeting, the City Council unanimously determined that a noise ordinance based solely on reasonableness standards would not be the best approach for the City, and directed Staff to prepare a hybrid ordinance that included decibel levels as a measurement standard. The City Council also directed Staff to bring back a list of items that includes (1) the types of noise complaints the City has received; and (2) noise regulations that are typically found in other cities that could be included in the Noise Ordinance. 1 On February 9, 2017, a public notice announcing tonight's agenda item was mailed to interested parties who previously submitted comments to the City on this topic. Additionally, the public notice was featured as a "Spotlight" post on the City's website, sent to the Breaking News list -serve subscribers, and posted on the City's Facebook and Nextdoor pages. The public notice was also published in the Peninsula News on February 16, 2017. Staff has compiled the following list of items that the City Council could select to be included in the City's Noise Ordinance (the items deriving from past noise complaints are denoted in bold below): • All -Terrain Vehicle (ATV) Noise • Roadway Trucks • Altered Motor Vehicle Exhaust Systems • Tree -trimming on Sundays and Holidays • Leaf Blowers • Landscape Activities • Car Stereos • Late Night Parties • Musical Instruments • Amplified Music/Sound Systems • Barking Dogs • Animal Noise • Drive-thru Speakers • Mechanical Equipment - Pool Pumps • Mechanical Equipment - Air Conditioning Units • Construction Noise • Domestic Power Tools • Car Alarms • Commercial Operations In addition to the list above, the following items may be exempt from a Citywide Noise Ordinance for the Council's consideration: • House Alarms/Warning Devices • School Activities • Public Park and Preserve Activities • Emergency Work • City -Issued Permits • City Events/Activities • Refuse Collection Trucks • Federal and State Preempted Activities • Private or Public Utility Maintenance • Traffic on public roads and any other activity to the extent regulation thereof has been preempted by State or Federal law 2 • Noncommercial speaking events on public property (First Amendment events) The City Council may add, delete or modify the items listed above to be included in and exempted from the City's Noise Ordinance. Based on City Council direction at this evening's meeting, Staff will then prepare a draft Noise Ordinance for the Council's review at a future publicly -noticed meeting. The draft Noise Ordinance that will be presented to the City Council will be based on a hybrid approach where noise would be measured based on decibel levels at a property line. The reasonableness test would only apply to determine if noise reported to the City is a nuisance. The draft Noise Ordinance will also identify an amortization period for violations, during which compliance would be required, based on input given by the City Council. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: 1. Direct Staff to prepare code language that amends specific sections of the existing code based on complaints received; or, 2. Direct Staff to take no further action at this time. If this alternative is chosen, Staff would continue with the current process of enforcing noise issues based on current Code and review practices. 9 From: ainawhittlesey(ftmail.com To: Leza Mikhail Subject: Noise Ordinance Zon2017-00015 Date: Sunday, February 12, 2017 7:29:40 PM To: Leza Mikhail I am recommending that homeowners pool equipment be included in noise ordinance requirements. Our neighbor has an extremely loud pool pump that runs for 5 hours everyday including weekends. We can hear it within our house with the doors and windows closed. We cannot enjoy our backyard or open the windows while it is on. There should be a noise limit and I would like to know if it's possible to require them to get a quiet new one. As the neighbor on the other side of us also has a pool and their pump is not really loud. Thank You, Gina Whittlesey 30157 Avenida Tranquila Rancho Palos Verdes Sent on the Sprint® Now Network A-1 From: Leza Mikhail To: "Sarah Kim" Cc: Mark Martin; John and Ingrid Hextall; Kirk Hyde; Mark Abrams; Bonnie Luthi; Rick Daniels; Ara Mihranian; All Del Cerro Residents; Paul Kim; Megan Moore; Megan Moore; Cory Linder; Nicole Jules Subject: RE: RPV Noise Ordinance Date: Friday, February 03, 2017 2:15:00 PM Attachments: image001.g_no Hello Ms. Kim, Thank you for your comments and concerns related to noise impacts incurred by you and neighbors from trail users near Del Cerro Park. I understand that you have two specific requests, both of which you feel are mitigations to relieve noise impacts: 1) parking restrictions, and 2) better signage at the trailhead. I have copied the Director of Recreation and Parks, Cory Linder, to help facilitate this discussion and request, as his Staff monitors and the City's trails. I have also copied the Deputy Director of Public Works, Nicole Jules, as her Staff deals with parking restrictions along public streets. With regard to the proposed Noise Ordinance, the City Council is directing Staff (me) to prepare a noise ordinance that addresses issues related to noise generated from specific sources of sound, such as mechanical equipment. We will be taking an item to the February 21, 2017 City Council meeting whereby Staff is preparing a list/menu of complaints related to noise for the Council to consider for inclusion in the new ordinance. I will include your email below as correspondence to the City Council. I would recommend that you and your neighbors attend this meeting to participate in this dialogue. Should you have any further questions, please do not hesitate to contact me. Thank you, Leza Mikhail Senior Planner City of 12ancho <Pafos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.rpvca.goov (310) 544-5228 — (310) 544-5293 f IezamQrpyca.gov From: Sarah Kim [mailto:sskies@hotmail.com] Sent: Friday, February 03, 2017 12:20 PM To: Leza Mikhail <LezaM@rpvca.gov> A-2 Cc: Mark Martin <purplezebra796@yahoo.com>; John and Ingrid Hextall <ingrid.hextall@gmail.com>; Kirk Hyde <kirkhyde@me.com>; Mark Abrams <markjabrams@verizon.net>; Bonnie Luthi <brlinrpv@aol.com>, Rick Daniels <rdaniels@cox.net>; All Del Cerro Residents <alnkathye@msn.com>; Sarah Kim <sskies@hotmail.com>; Paul Kim <scpaulkim@hotmail.com>; Megan Moore <lmooremom@gmail.com>; Megan Moore <lmooremom@cox.net> Subject: Fw: RPV Noise Ordinance Hi Leza, I understand that the city of RPV is working on a general noise ordinance for the city. I would like to specifically address the noise from the Portuguese Bend Preserve Trails and from its entrance (on Burma Rd at the end of Crenshaw) , especially after hours. While Del Cerro Park and the Preserve Trails are supposed to be closed during after hours, we all know that this policy is completely and blatantly ignored. (It would help if there were signs at the trail entrance that clearly state that the Trails are closed after hours, and people are not allowed.) I live on 1 Amber Sky and am currently on the Board of the Del Cerro Park HOA, and my back yard is literally at the entrance of the Trails. Almost every day I hear dozens of noisy groups of people coming in and out of the Trails after afters, sometimes displaying drunken singing, screaming and yelling when the Trails are supposed to be closed. I would see empty alcohol bottles and debris strewn along the bushes behind my back yard the next morning. I have had to call the sheriff's office every week, especially in the summer, to complain about the noise. Sometimes I see groups of 15 to 30 people regularly coming into the Trails in the dark with headlamps and flashlights creating a ruckus. I was informed that this is part of a city sanctioned group that is allowed into the Trails after hours. I'm not sure why the city would allow this when the Trails are supposed to be closed to the public after hours. I deal with the noise from the Trails and entrance throughout the whole day but would expect a little bit of a reprieve at night and early morning, but currently this not the case. A very simple solution to this problem is to restrict parking on Crenshaw after hours with large signs stating that cars will be ticketed after hours. This will not only reduce noise from the trails which affects residents on Amber Sky and the Del Cerro neighborhood as as whole but also decrease general traffic on Crenshaw and Park PI after hours thereby reduce congestion on Park PI, another issue I know the City is currently working on. With the recent increase in crime in our neighborhood during the last few years, I wonder if allowing throngs of people into the trails and into our neighborhood in the dark would only potentially exacerbate crime in our neighborhood. In summary, we need to 1) have the city restrict parking on Crenshaw and Park PI after hours A-3 and 2 ) there needs to be a large sign in front of the Trails stating that trespassers in the Trails after hours and cars parked on Crenshaw and Park PI after hours will be ticketed. Thanks for working on this important issue. Sincerely, Sarah Kim 1 Amber Sky Dr., RPV, CA From: Al and Kathy Edgerton <alnkathye(@msn.com> Sent: Wednesday, February 1, 2017 7:48 PM To: Mark Martin; John and Ingrid Hextall; Kirk Hyde; Rick Daniels; Bonnie Luthi; Sarah Kim; Mark Abrams Subject: Re: RPV Noise Ordinance Hi, again, My note below was not clear.... Leza's staff report must be ready for management review by Friday of next week (Feb 10th) and it will be sent to the council on the following Tuesday, Feb 14th. Sorry for the confusion. Kathy From: Al and Kathy Edgerton <alnkathye(@msn.com> Sent: Wednesday, February 1, 2017 7:40 PM To: Mark Martin; John and Ingrid Hextall; Kirk Hyde; Rick Daniels; Bonnie Luthi; Sarah Kim; Mark Abrams Subject: Fw: RPV Noise Ordinance Hi, All, Leza indicates that the list of items (disturbances) to be addressed in a noise ordinance will be presented to the council on February 21st. In a follow-up conversation, she said that she is currently preparing the staff report for the meeting, as it will be reviewed by her management and the city manager either Friday or Monday and will be sent to the council WE next Tuesday. Kathy From: Leza Mikhail <LezaMCcDrpvca.gov> Sent: Tuesday, January 31, 2017 4:57 PM To: Al and Kathy Edgerton Subject: Re: RPV Noise Ordinance Hello Kathy, The City Council requested that Staff bring back a memu (list) of potential items to be in a noise ordinance. This list will be going back on February 21st. Leza Sent using OWA for iPhone From: Al and Kathy Edgerton <alnl<athyeC@msn.com> Sent: Tuesday, January 31, 2017 2:28:26 PM To: Leza Mikhail Subject: RPV Noise Ordinance Hi, Leza, Could you tell me what your schedule is to return to the city council regarding the noise ordinance? Kathy Edgerton Del Cerro A-5 From: Ara Mihranian To: Beth Shirley Cc: Ara Mihranian; Leza Mikhail Subject: Re: Noise Ordinance Date: Saturday, February 11, 2017 8:40:56 AM David, As you observed at the January 17th council meeting, the proposed noise ordinance is a work in progress and the council's preference is to measure noise by decibels. Tuesday's meeting, the council will be asked to provide direction on the items to be included in the noise ordinance. See you then. Ara Sent from my Whone On Feb 10, 2017, at 12:48 PM, Beth Shirley <dbshirlcy3ncox.nct> wrote: Thanks Ara, happy new year to you too. Thanks for forwarding. I'm pleased to see the adoption of short term solution in consideration of providing remedy short term while the long term solution is optimized. I was hoping for more specificity in terms of limits on Db and duration level, this proposal is more subjective. Upon reading this of course I wondered how the enforcement officer would interpret our particular situation. That being said I like the plan of putting short term fix in place, learning from that implementation and using lessons learned on long term solution. I will plan to attend the City Council meeting February 21. Thanks again From: Ara Mihranian [mailto:AraMPrpvca.gov] Sent: Tuesday, January 10, 2017 9:32 PM To: Beth Shirley <dbshirley3C@cox.net> Cc: Leza Mikhail <LezaM(@rpvca.gov> Subject: RE: Noise Ordinance Hi David, Happy new year. Attached is the January 17th City Council Staff Report on the proposed noise ordinance. Please let Leza and I know if you have any comments or questions. M Best, Ara Ara Michael Mihranian Community Development Director <imageOO1.jpg> 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 310-544-5228 (telephone) 310-544-5293 (fax) aram rpvca.gov www.rpvca.gov ADo you really need to print this e-mail? This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. From: Ara Mihranian Sent: Friday, October 14, 2016 2:39 PM To: 'Beth Shirley' <dbshir1ey3Pcox.net> Subject: RE: Noise Ordinance David, I will make sure your letter is part of the public record for Tuesday's meeting. Let me know if anything else comes up. Ara Ara Michael Mihranian Community Development Director <imageOO1.jpg> 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 310-544-5228 (telephone) 310-544-5293 (fax) aram&rpvca.gov A-7 www.rpvca.gov ADo you really need to print this e-mail? This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. From: Beth Shirley [mailto:dbshirley3C@cox.net] Sent: Thursday, October 13, 2016 9:27 PM To: CC <CCPrpvca.gov> Cc: Ara Mihranian <AraMC@rpvca.gov> Subject: Noise Ordinance Dear RPV Mayor Ken Dyda, Mayor Pro Tem Brian Campbell, Council Members Susan M. Brooks, Jerry V. Duhovic, Anthony M. Misetich, I would appreciate you taking the time to read the attached letter my wife Beth and I wrote regarding an issue related to noise. This is our story. When faced with a noise issue that we could not resolve on our own by way of multiple attempts to work it out with our neighbors we contacted the city. Our discovery that RPV did not have a noise ordinance surprised and disappointed us, we now feel our options are limited to return our street to its once quiet past. As the letter states we briefly spoke with Councilman Misetich who directed us to Ara. Ara has kept is informed of progress relating to investigation of ordinances in surrounding cities. We understand it is on the agenda for October. I apologize for lack of signature on letter (our scanner would not cooperate). I am planning to attend city council meeting on the 18th Sincerely David Shirley F111111111111re E0KO-1