CC SR 20190507 02 - Public Nuisance Code AmendmentRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/07/2019
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to amend 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 excessive noise generated by mechanical
equipment is a public nuisance
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. ___ amending Section 8.24.06 (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 65 dBA at the closest property line is a public nuisance
FISCAL IMPACT: The Code Enforcement Division will be required to purchase an
industry-accepted noise meter to enforce the 65 dBA noise requirement. The cost is
estimated to be approximately $800, and is currently budgeted in the Division’s Operating
Materials and Supplies account.
Amount Budgeted: $12,000
Additional Appropriation: N/A
Account Number(s): 101-400-4110-4310
(Operating Materials & Supplies)
ORIGINATED BY: Robert Nemeth, Associate Planner
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. ___ (page A-1)
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 Control Ordinance (Ordinance).
On January 17, 2017, the City Council reviewed Staff’s first draft of the proposed
Ordinance, and based on the public testimony and City Council discussion, the City
Council directed Staff to prepare an ordinance that included specific decibel levels as
the measurement standard. On February 21, 2017, the City Council reviewed a list of
potential items to be included and exempted from the Ordinance. The City Council
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provided specific direction regarding a number of noise sources to be covered by the
Ordinance, including noise related to motor vehicles, property maintenance, alarm
systems and mechanical equipment.
On August 15, 2017, the City Council reviewed revised draft ordinance language that
would establish a new RPVMC Chapter 9.02 (Noise Control). Based on discussions that
evening, the Council directed Staff to continue exploring creating a comprehensive
noise ordinance based on a hybrid of reasonableness and measured decibels levels,
and felt the Planning Commission should review the draft ordinance languag e.
In light of the Council’s directive, before proceeding with the comprehensive noise
ordinance, Staff reassessed overall community concerns pertaining to noise and
concluded that the majority of noise complaints reported to the Code Enforcement
Division pertain to mechanical equipment. Over the past year, t he Code Enforcement
Division received 13 noise complaints, of which 12 involved mechanical equipment. Of
the 12 mechanical noise complaints, seven were for air conditioner units and six were
for pool equipment (i.e. filters, pumps, motors). Considering that the majority of noise
complaints are for mechanical equipment that may not be operating or maintained
properly, Staff began to explore whether the City’s Public Nuisance Ordinance could
address this community concern.
Chapter 8.24 (Property Maintenance) of the 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. Moreover, the RPVMC also finds that certain
unmaintained conditions are injurious and inimical to the public health, safety, and
welfare of the residents of the City and contribute to the deterioration of neighborhoods,
which is considered a public nuisance.
To address public nuisances, 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 l ife or
property by others in the immediate vicinity, and lists conditions which qualify as a
public nuisance in accordance with RPVMC Section 8.24.070 (Public Nuisance), such
as:
Inadequately maintained landscaping
Overgrown vegetation
The storage of trash, garbage or refuse cans visible from the street
Accumulation of junk visible from the street or adjoining property
Abandoned furniture or cars
Improperly parked vehicles
Unsafe and inadequately maintained buildings
Unmaintained pools
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The City’s General Plan identifies normal speech at 3 feet as 65 decibels and 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 (RPVMC Section
17.96.1210 defines mechanical equipment as any heating, cooling, venting or similar
equipment or appurtenance serving a structure).
In order to narrowly and immediately address these specific mechanical noise
complaints without having to adopt a comprehensive noise ordinance at this time , Staff
is bringing forward an ordinance that amends RPVMC Section 8.24.060 by adding
language that identifies excess noise generated by mechanical equipment as a public
nuisance. Specifically, the proposed language reads as follows:
Section 8.24.060(A)(13) - Mechanical equipment including, but not limited to, air
conditioning units and pool filters, which gene rate noise levels in excess of 65
dBA as measured from the closest property line
Section 8.24.080 of the RPVMC outlines the procedure for the abatement of a public
nuisance, which includes the notification and appeal processes, as well as the
timeframe to correct the public nuisance. Depending on the public nuisance, a property
owner is generally given 60 to 90 days to correct the public nuisance, with the ability to
extend the timeframe on a case-by-case basis. Additionally, as a separate agenda
matter, the City Council is being asked to consider amending the Administrative Citation
Penalty Fine Schedule to include, as a Tier One penalty fine, all Municipal Code
violations including public nuisances, which would equate to a $100 fine for the first
citation, $250 for the second citation, and $500 for the third and subsequent citations
related to public nuisances (unless expressly identified as a Tier Two penalty fine).
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify specific modified language to be included in Section
8.24.060(A)(13) of the RPVMC
2. Direct Staff to continue pursuing a comprehensive noise ordinance with
the Planning Commission’s review and recommendations
3. Direct Staff to take no action at this time
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ORDINANCE NO. _____
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:
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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 enhancem ent 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 eff ect 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 port ion 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 ref lected 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.
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PASSED, APPROVED and ADOPTED this 7th day of May, 2019.
________________________________
Jerry V. Duhovic, Mayor
ATTEST:
_______________________________
Emily Colborn, City Clerk
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. ___ was duly and regularly adopted by the City Council of said City at a
regular meeting thereof held on May 7, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
__________________________
City Clerk
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