CC SR 20190521 G - Mechancial CC SRRN_AM
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 05/21/2019
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No. 622 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
excessive noise generated by mechanical equipment is a public nuisance
RECOMMENDED COUNCIL ACTION:
(1) Adopt 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 CIT Y’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 Wilmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. 622 (page A-1)
All previous staff reports, the Ordinance, and public comments on this topic can be
found on the City’s website via the May 7, 2019, City Council Agenda at
http://rpv.granicus.com/GeneratedAgendaViewer.php?view_id=5&clip_id=3408
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BACKGROUND AND DISCUSSION:
On May 7, 2019, Ordinance No. 622 (Attachment A) was introduced by the City Council.
The Council approved the ordinance language recommended by Staff.
The City Council also requested that Staff provide biannual reports regarding the
implementation of the updated code. The first report will likely occur toward the end of the
year.
This evening, Ordinance No. 622 is being presented to the City Council for its second
reading and formal adoption. This ordinance will go into effect on June 21, 2019.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council’s consideration:
1. Direct Staff to revise Ordinance No. 622 for re-introduction and/or second
reading at a future City Council meeting
2. Take no action
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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:
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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 21st 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 21st, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
__________________________
City Clerk
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