HomeMy WebLinkAboutOrdinance 315 Noise OrdinanceORDINANCE NO. 315
AN ORDINANCE AMENDING ARTICLES 7 -20 (ANIMALS AND FOWL), 7 -30 (NOISE
CONTROL), 15 -11 (AGRICULTURAL DISTRICT), 15 -18 (PROFESSIONAL
ADMINISTRATIVE), 15 -19 (COMMERCIAL), AND
15 -55 (CONDITIONAL USE PERMITS) OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
The City of Saratoga wishes to amend the City Code to implement the policies contained in
the updated Noise Element.
2. These amendments were considered by the Planning Commission of the City of Saratoga
after a duly noticed public hearing on January 22, 2014 and the Planning Commission
recommended adoption of the updates to Articles 7 -20, 7 -30, 15 -11, 15 -18, 15 -19, and
15 -55 of the Saratoga City Code.
3. The City Council of the City of Saratoga held a duly noticed public hearing on March 5,
2014, and March 19, 2014, and after considering all testimony and written materials
provided in connection with that hearing introduced this ordinance and waived the
reading thereof.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double -
underlined font (e.g., bold double - underlined) and text to be deleted is indicated in strikeout font (e.g.,
Wit). Text in standard font is readopted by this ordinance. Text in italics (e.g., italics) is
descriptive only and is not part of the amendments to the City Code.
1. Re erring the barking dog and animal noise regulations to the noise section
7- 20.190 RanlriHg do Noise from Animals and Fowl
Noise caused by animals and fowl shall be eoverned by the provisions of Section 7-
I I I Fh mfl :tsessfMMW .
IWO
2. Noise
Article 7 -30 NOISE
CONTROL
Sections:
7- 30.010 Purposes of Article.
7- 30.020 Definitions.
7- 30.030 Exemptions.
7- 30.040 AmbiepA nois&standards Noise standards.
7-34-059 General „ .estf etio
7- 30.060 Exceptions for specific activities.
7- 30.070 Exhaust fans.
7- 30.080 Authority to require noise study.
7- 30.090 Exception permits.
7- 30.100 Violations of Article; enforcement; penalties.
7- 30.010 Purposes of Article.
This Article is adopted for the following purposes:
(a) To maintain or reduce noise levels in the City to avoid exposure to unacceptable or
harmful noise generated by equipment and /or amplified sound that is „reteet the eitizey„��s ep
City wont -C2o�5 `Z °, ° ° ry, an °^;ro�l��z��d'"all sour-ees in the
eommunity to regulation and control by the City;
(b) To maintain and preserve the quiet residential atmosphere of the City;
(c) To implement the goals and policies contained in the Noise Element of the City's General Plan
by addressing noise transfer between properties,
(d) To Promote land -use compatibility by addressing noise exposure from existing and new
noise sources establish noise standards for various land uses and aefivities Within the City;
(e) To prohibit noise which disturbs the peace and quiet of a neighborhood or causes
discomfort or annoyance to persons of normal sensitivities.
7- 30.020 Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them in this Section, unless the eentex* „r th !early requ r
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(a) Acoustic music means live vocal or instrumental music that is not electrically
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enhanced or modified to project or transmit sound through amplifiers, loudspeakers, microphones,
or similar devices or combinations of devices which are intended to increase the volume, range,
distance or intensity of music.
ft;;;Ambient noise level means the eemposite of noise from all sotffees, near and ,
eonstituting the normal or existing level of eFwkenmenlal noise at a given leeation, excluding the
noise sour-ee in question,
(e)iUb Amplified music means live or recorded music projected or transmitted by electronic
equipment including, but not limited to, amplifiers, loudspeakers, microphones, or similar devices
or combinations of devices which are intended to increase the volume, range, distance or intensity
of music.
(d)Uc Approving authority means the City council, commission, officer or official of the
City having the authority to initially approve or deny a particular type of application.
(e)Ldj Background music means recorded music played through permanently mounted
speakers which is clearly incidental to the primary use, and (at any location five feet or more
from the source of the sound) allows for normal conversation levels and conforms to the ambie
noise standards in Section 7- 30.040(a).
( )Uee Daytime means the twelve -hour period from 7:00 A.M. to 7:00 P.M.
(g} f) Decibel or dB means a standardized unit of sound pressure level. Increasing values
related to louder sounds. Decibel represents the logarithm of the ratio of measured acoustical
energy and a standard reference of 20 microPascals.
(#)(g) Decibel A Scale or dBA means a measure of decibels using the "A" scale or "A"
weighted network of the sound level meter.
(il ) Director means the Community Development Director
(j) (ii) Evening means the three -hour period from 7:00 P.M. to 10:00 P.M.
(i) Lea (Equivalent Continuous Sound Level as defined d in MUST S A) means the average
A- weighted noise level over a stated time period.
k Lmax means the typical maximum A- weighted noise level measured using the "slow"
meter response.
(W) Nighttime means the nine -hour period from 10:00 P.M. to 7:00 A.M. of the following day.
(lm) Noise level means the maximum continuous sound level or repetitive peak level produced
by a noise source or group of sources, as measured with a sound level meter.
n) Open Space/Parks means a site which has an Open Space (OS) General Plan land use
designation.
(o) Public and Quasi- Public Facilities means a site which has a Commercial Facilities
CFS) General Plan land use designation.
(p) Sound level meter means an instrument comprised of a microphone, an amplifier, an
output meter and frequency weighing networks, used for measuring sound levels in decibel units.
7- 30.030 Exemptions.
The following sources of noise shall be exempt from the provisions of this Article:
(a) Emergencies. Persons and equipment engaged in essential activities necessary to preserve,
protect or save lives or property from imminent danger, loss or harm.
(b) Alarm systems. Any outside audible alarm system for which a permit has been issued
pursuant to Article 6 -10 of this Code, and which complies with the requirements set forth in
Section 6- 10.060 of said Article.
7- 30.040 Ambient noise standards Noise standards.
(a) Except as otherwise provided in Paragraph (b) of this Section, all proposed -uses and
developments shall comply with the following noise standards for the various �enig
distri land uses and times of day as indicated below. The indoor standards apply to noise
produeed by exterior noise soufees. No person shall cause, produce, or allow to be produced any
noise that exceeds these noise standards at any point outside the property boundary on which
the noise is generated.
(Insert the Following Table)
Maximum Permissible Outdoor Noise Levels Generated (dBA
Land Use
Daytime Even ing
7:00 am to 7:00 7:00 pm to 10:00
Averaae Maximum Avg Maximum
Lmax 9
Nighttime
10:00 pm to 7:00 am
Average Maximum
Lmax
Residential
(single and multi - family)
55
65
45
55
40
50
Open Space/Parks
60
70
50
55
45
50
Commercial /Office
65
75
60
70
55
60
Public and
lam
IMMIMM.
60
70
55
60
45
50
uasi- Public Facilities
(Remove the Following Table)
(Remove the Following Table)
bl Subject noise levels shall be measured with a sound level meter as follows:
1) Noise originating upon a particular site shall be measured at any point outside of the
property boundary for that site at least four feet above the ground /floor and at least four feet
away from any wall or similar large acoustically reflective surface if any is located on the site
receiving the noise generated.
(2) Noise shall be measured with a Class I or II sound level meter set utilizing the "A"
Weighting scale and the "slow" meter response.
3) Minimum measurement time shall be three minutes.
lam
IMMIMM.
.......
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(Remove the Following Table)
bl Subject noise levels shall be measured with a sound level meter as follows:
1) Noise originating upon a particular site shall be measured at any point outside of the
property boundary for that site at least four feet above the ground /floor and at least four feet
away from any wall or similar large acoustically reflective surface if any is located on the site
receiving the noise generated.
(2) Noise shall be measured with a Class I or II sound level meter set utilizing the "A"
Weighting scale and the "slow" meter response.
3) Minimum measurement time shall be three minutes.
(4) With respect to noise originating from a dwelling unit constituting part of a multi-
family development, the measurement can betaken at any point beyond the exterior walls
of such unit or at any point within the habitable interior of another dwelling unit located
on the same site.
(b) The single 0 ort.
7- 30.060 Exceptions for specific activities.
Exceptions rn,. Specific activities, so long as the noise level at any point tweet.,_ five feet
ffern the souree of noise does not exeeed eigh4y three dBA or any lesser level speeified below,
shall be permitted to exceed the standards set forth in Section 7- 30.0-540 under the following
conditions:
(a) Residential eConstruction activities. Resider4ial eConstruction, alteration} or-repair, and
grading activities shall not exceed 100 dBA measured at any point twenty -five feet or more from
the source of noise Such activities may be conducted between the hours of 7:30 A.M. and 6:00
P.M. Monday through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on Saturday.
Construction activities shall be prohibited on Sundays and weekday holidays, with the exception of
the following: whieh are au4horized by a valid City perinit, or do not require the issuanee of a City
permit, may be eondueted between the hours of 7:30 A.M. and 6!00 P.M. Monday gffettgh Friday
(1) Residential C-construction, afteratio or ,-epa ,. activities that do not require a City
permit, or which are authorized by a valid City permit and do not exceed fifty percent of the
existing main or accessory structure may be conducted between the hours of 9:00 A.M. and
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(b) The single 0 ort.
7- 30.060 Exceptions for specific activities.
Exceptions rn,. Specific activities, so long as the noise level at any point tweet.,_ five feet
ffern the souree of noise does not exeeed eigh4y three dBA or any lesser level speeified below,
shall be permitted to exceed the standards set forth in Section 7- 30.0-540 under the following
conditions:
(a) Residential eConstruction activities. Resider4ial eConstruction, alteration} or-repair, and
grading activities shall not exceed 100 dBA measured at any point twenty -five feet or more from
the source of noise Such activities may be conducted between the hours of 7:30 A.M. and 6:00
P.M. Monday through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on Saturday.
Construction activities shall be prohibited on Sundays and weekday holidays, with the exception of
the following: whieh are au4horized by a valid City perinit, or do not require the issuanee of a City
permit, may be eondueted between the hours of 7:30 A.M. and 6!00 P.M. Monday gffettgh Friday
(1) Residential C-construction, afteratio or ,-epa ,. activities that do not require a City
permit, or which are authorized by a valid City permit and do not exceed fifty percent of the
existing main or accessory structure may be conducted between the hours of 9:00 A.M. and
5:00 P.M. on Sundays and weekday holidays. may=4eondueted between the hours �
A.M. and 5:00 P.M. on Sunda-v and weekday helidw .
MR MMM
(dam Powered Ggarden tools. Powered garden tools shall not exceed 78 dBA at any point
twenty -five feet or more from the source of noise. Such tools may be utilized during the following
days and times:
(1) Gasoline powered leaf blowers may be utilized between 8:00 A.M. and 5:00 P.M.
Monday through Friday and Saturdays between 10:00 A.M. and 5:00 P.M. Use of gasoline -
powered leaf blowers shall not be allowed on Sundays.
(2) Gasoline powered chainsaws may be utilized between 8:00 A.M. and 5:00 P.M.
Monday through Friday and between 10:00 A.M. and 5:00 P.M. on Saturday and Sundays.
(3) Other powered garden tools (except gasoline powered leaf blowers and chainsaws)
may be utilized between the hours of 8:00 A.M. and 9:00 P.M. any day of the week. .
c) Wood chippers. Wood chippers shall not exceed 100 dBA at any point twenty -five feet or
more from the source of noise. Wood chippers may be utilized between 8:00 A.M. and 5:00 P.M.
Monday through Friday and Saturdays between 10:00 A.M. and 5:00 P.M. Use of wood chippers
shall not be allowed on Sundays.
(d) Emergencies. The Director may grant temporary exemptions from the requirements in this
Section upon his /her determination of an emergency.
exeept gasoline powered leaf blowers may be utilized between the houfs of 9!00 A.M. an
9:00 P.M. on Sundays thfough Satur-days. Gasoline powered leaf blow I be utilize
between 8:00 A.M. md 5M P.M. Monda�, tIffetigh Saturday only. No - 1. �r-ed le
blowers shall be allowed on Sundays. The noise level of _ I ' J; ineluding gasoline
powered leaf blowers shall not exeeed seventy eight dBA at any point twenty five feet or- more
•
•
(dam Powered Ggarden tools. Powered garden tools shall not exceed 78 dBA at any point
twenty -five feet or more from the source of noise. Such tools may be utilized during the following
days and times:
(1) Gasoline powered leaf blowers may be utilized between 8:00 A.M. and 5:00 P.M.
Monday through Friday and Saturdays between 10:00 A.M. and 5:00 P.M. Use of gasoline -
powered leaf blowers shall not be allowed on Sundays.
(2) Gasoline powered chainsaws may be utilized between 8:00 A.M. and 5:00 P.M.
Monday through Friday and between 10:00 A.M. and 5:00 P.M. on Saturday and Sundays.
(3) Other powered garden tools (except gasoline powered leaf blowers and chainsaws)
may be utilized between the hours of 8:00 A.M. and 9:00 P.M. any day of the week. .
c) Wood chippers. Wood chippers shall not exceed 100 dBA at any point twenty -five feet or
more from the source of noise. Wood chippers may be utilized between 8:00 A.M. and 5:00 P.M.
Monday through Friday and Saturdays between 10:00 A.M. and 5:00 P.M. Use of wood chippers
shall not be allowed on Sundays.
(d) Emergencies. The Director may grant temporary exemptions from the requirements in this
Section upon his /her determination of an emergency.
exeept gasoline powered leaf blowers may be utilized between the houfs of 9!00 A.M. an
9:00 P.M. on Sundays thfough Satur-days. Gasoline powered leaf blow I be utilize
between 8:00 A.M. md 5M P.M. Monda�, tIffetigh Saturday only. No - 1. �r-ed le
blowers shall be allowed on Sundays. The noise level of _ I ' J; ineluding gasoline
powered leaf blowers shall not exeeed seventy eight dBA at any point twenty five feet or- more
100 011'
(dam Powered Ggarden tools. Powered garden tools shall not exceed 78 dBA at any point
twenty -five feet or more from the source of noise. Such tools may be utilized during the following
days and times:
(1) Gasoline powered leaf blowers may be utilized between 8:00 A.M. and 5:00 P.M.
Monday through Friday and Saturdays between 10:00 A.M. and 5:00 P.M. Use of gasoline -
powered leaf blowers shall not be allowed on Sundays.
(2) Gasoline powered chainsaws may be utilized between 8:00 A.M. and 5:00 P.M.
Monday through Friday and between 10:00 A.M. and 5:00 P.M. on Saturday and Sundays.
(3) Other powered garden tools (except gasoline powered leaf blowers and chainsaws)
may be utilized between the hours of 8:00 A.M. and 9:00 P.M. any day of the week. .
c) Wood chippers. Wood chippers shall not exceed 100 dBA at any point twenty -five feet or
more from the source of noise. Wood chippers may be utilized between 8:00 A.M. and 5:00 P.M.
Monday through Friday and Saturdays between 10:00 A.M. and 5:00 P.M. Use of wood chippers
shall not be allowed on Sundays.
(d) Emergencies. The Director may grant temporary exemptions from the requirements in this
Section upon his /her determination of an emergency.
exeept gasoline powered leaf blowers may be utilized between the houfs of 9!00 A.M. an
9:00 P.M. on Sundays thfough Satur-days. Gasoline powered leaf blow I be utilize
between 8:00 A.M. md 5M P.M. Monda�, tIffetigh Saturday only. No - 1. �r-ed le
blowers shall be allowed on Sundays. The noise level of _ I ' J; ineluding gasoline
powered leaf blowers shall not exeeed seventy eight dBA at any point twenty five feet or- more
(b) Pool and spa equipment. Pool and spa equipmefA loeated within twenty feet of a side
pr-opefty line shall only be operated between the houfs of 8:00 A.M. and 10:00 P.M. Noise fr-o
sueh equipment shall not exeeed fifty dBA twenty five feet from the soufee of noise.
(f) Set up and eleaning of eommer-cial establishments. Set up and cleaning aetivities
eondueted at restaiffants and other- eommer-eW establishments loeated immediately adjacent to a
r-esidentia4 area, whieh generate any noise audible to the oeeupants of the adjaeepA ,
ineluding noise generated by the operation of delivery or serviee vehieles, sha4l not begin prior- to
one hour befere the nofma4 opening fifne of the establishment or- extend later than one hour afteF
the normal elesing fifne of the establishment, or- sueh other- times as may be speeified in a use
peFmit,, been , granted by the City for- s ,c establishment.
(g)Ue Indoor live or recorded music. Commercial establishments in commercial zoning
districts may have live or recorded music played inside a building. All doors and windows within
the commercial establishment shall be kept closed after 9:00 P.M. when live or recorded music is
being played except that doors may be opened for ingress or egress if closed immediately after use.
The noise level shall not exceed seventy -three dBA before 9:00 P.M. and sixty 4wee shall comply
with the standards set forth in Section 7- 30.040 dBA after 9:00 P.M. as measured by a sound
level meter five feet outside the building.
(h)_W Animals Noise. Noise — oaus°a by mals sha'egovemed —by the provisions o
mAls as pets. It shall be unlawful for any person to harbor, keen or maintain any
animal, including birds. in the City which howls, barks, meows, squawks, or makes other
noises which creates a noise disturbance across a property boundary during the following
Imes.
11 Between the hours of 10:00 P.M. and 7:00 A.M.
(2) Between the hours of 7:00 A.M. and 10:00 P.M. where the noise disturbance occurs
continuously for a period of five minutes or intermittently for at least thirty minutes
3) For the purposes of this chapter, the animal noise shall not be deemed a disturbance if
the animal is in the act of protecting its owner, resisting trespassers, or is provoked. The
burden of proof of such an act of protection, resistance to trespassers, or provocation is upon
the person owning, harboring, controlling. maintaining, possessing or having_ chime of the
animal.
(g) Non - amplified noise from community uses and events that are inherent to a suburban
environment including but not limited to playgrounds, sports facilities and fields, and
common recreational areas.
7- 30.070 Exhaust fans.
All exhaust fans and mechanical equipment shall be enclosed for the purpose of
soundproofing, subject to the Plafining Director's review and approval. Exhaust fans lawfully
constructed prior to August 2, 1991, shall be screened to the satisfaction of the ling Director
no later than two years from the date of notice from the City to the owner.
7- 30.080 Authority to require noise study.
As a condition for the granting of any license, permit or development approval the
Director or approving authority may require the preparation of a noise (acoustical) study to
determine whether the proposed activity will comply with the noise standards contained in this
Article. Furthermore, a noise (acoustical) study shall be required where the existing noise
level exceeds Outdoor DNL 60 dB to determine measures needed to reduce noise impacts to
meet City noise standards. The cost of such study shall be paid, in advance, by the applicant. If
the study predicts that any of the noise standards will be violated the approving authority may
require implementation of mitigation measures to reduce the noise impacts, and may further
require the conduct of additional studies after the activity is commenced to determine the
effectiveness of the mitigation measures. If the violation cannot be prevented or corrected
through mitigation measures, the approving authority may deny or revoke the license, permit or
development approval.
7- 30.090 Exception permits.
(a) General noise exception permit. If the applicant demonstrates to the satisfaction of the
Director that immediate compliance with the requirements of this Article would be
impractical or unreasonable, the Director may issue a permit to allow exception from any or all
of the provisions contained in this Article, with appropriate conditions to minimize the public
detriment caused by such exceptions. Any such permit shall be for an initial term as specified by
the Director, not to exceed thirty days. Longer terms up to one hundred twenty days may be
granted by the Planning Commission.
In determining whether an exception permit should be issued and the nature and scope of
any conditions to be imposed, the Director shall consider the following factors:
(1) The level and intensity of the noise;
(2) The level and intensity of the background noise, if any;
(3) The proximity of the noise to residential areas;
(4) The time of day when the noise occurs;
(5) The duration of the noise, and whether it is recurrent, intermittent or constant;
(6) The nature and zoning of the area within which the noise emanates or to which it is
transmitted.
(b) Outdoor music permits —CH Zoning District. This Seeti ` shall expire
April 1, 2014, and ther-eafter- otAdoor- musie shall not be allowed in the 04 Zoning Distriet,
unless a later- enaeted ordinanee that beeomes eff-eetive on or before April 1, 2014, deletes or
extends that ration date. An outdoor music permit may be issued on an annual basis to a
commercial establishment located within the CH Zoning District subject to the requirements
contained in this Section for the purposes of allowing the playing of acoustic and/or amplified
music outside a building. Background music does not require an outdoor music permit.
E
(2) 1) Outdoor acoustic and /or amplified music is permitted at establishments holding an
outdoor music permit during the following days and times provided that it does not exceed the
speeified maximum deeibel level seventy -three dbA as measured twenty -_five feet or more from
the source of the sound:
a. Fridays, 5:00 P.M. to 9:00 P.M., seventy d, -°° db .
b. Saturdays, 4:00 P.M. to 9:00 P.M., seventy tiff°° db .
C. Sundays, 11:00 A.M. to 4:00 P.M., seventy *'free db .
The above deeibel levels shall be measufed twenty five feet fr-om the soufee of the sound.
(3) 2Q The Director may condition an outdoor music permit on such other requirements
that the Director determines are necessary to protect the public health, safety or welfare.
(4) 3) Continuing jurisdiction and permit revocation. The Director shall retain continuing
jurisdiction over each permit and may modify (by deleting or adding conditions to) or revoke an
outdoor music permit to the extent the Director deems necessary to protect the public health,
safety or welfare, or if the permit holder fails to meet any of the conditions of the permit or to
adequately address changed circumstances.
(5) 4) Denial of a permit. The Director may deny an outdoor music permit if the applicant has
had an outdoor music permit revoked within the past twelve months or if the applicant is
not in compliance with the City Code or a use permit issued pursuant to the City Code.
(6) C5 Hearings and appeals from administrative decisions. Prior to denial, modification, or
revocation of a permit, the Director shall notify the applicant in writing of the intent to deny,
modify, or revoke the permit, the reasons for such intended decision, and that the applicant may
within five days after receipt of such notice file with the Director a written request for a meeting
with the Director. A determination of the Director to approve, conditionally approve, deny,
modify or revoke a permit may be appealed to the Planning Commission in accordance with the
procedures set forth in Article 15 -90 for appeals from administrative decisions and
notwithstanding Section 15- 90.020, the decision of the Planning Commission on the appeal
shall be final and not subject to appeal to the City Council.
7- 30.100 Violations of Article; enforcement; penalties.
10
(a) The violation of any provision contained in this Article shall constitute an infraction and
a public nuisance.
(b) It shall be the duty of all policemen, all deputies of the County Sheriff performing police
services in the City, all Community Service Officers and the Planning Director to enforce the
provisions of this Article.
(c) In addition to the penalties for infraction offenses and the procedures for nuisance
abatement as set forth in Chapter 3 of this Code, any noise level and its source in violation of any
of the provisions of this Article may be summarily abated, which may include, but is not
limited to, removal, dismantlement and taking into custody the source of such noise, and in this
regard, the confiscation of any machine or device used to violate any of the provisions of this
Article is hereby authorized to be held for use as evidence in any proceeding that may be brought
for such violation.
3. The keeping of animals in the Agricultural (A) Zoning District
15- 11.020 Permitted uses.
The following permitted uses shall be allowed in the agricultural district:
(a) Single - family dwellings.
(b) Accessory structures and uses located on the same site as a permitted use, including barns,
farm out - buildings, storehouses, garden structures; green houses, workshops and one guest house.
(c) Raising of field crops, fruit and nut trees, vegetables, horticultural specialties and timber.
(d) Processing of products produced on the site.
(e) Home occupations, conducted in accordance with the regulations prescribed in Article 15 -40
of this Chapter.
(f) Stables and corrals for the keeping for private use of one horse for each forty thousand square
feet of net site area; provided, however, that in the equestrian zone only, one additional horse may be
permitted on the first forty thousand square feet of net site area, and an additional horse may be
permitted for each additional forty thousand square feet of net site area. All horses shall be subject to
the regulations and license provisions set forth in Section 7- 20.220 of this Code.
(g) Swimming pools used solely by person's resident on the site and their guests.
(h) The keeping for private use of a reasonable number of domestic dogs, cats and other small
mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7 -20 of this
Code, and subject also to the following restrictions:
(1) All animals shall be kept as pets only, and not for sale, breeding, experimental or commercial
purposes.
(2) Animals shall at all times be confined to the site, unless restrained or caged and under the
direct control of the owner or person having custody of the animal.
(3) No animals shall be permitted which are vicious, poisonous, wild, dangerous, capable -e€
raucous eater -y or- ether noise disturbing ing to the peaee and quiet of the neighborhoed5 or otherwise
11
constitute a hazard to the public health, safety or welfare, and all such animals are hereby declared to
be a public nuisance.
The factors to be considered in determining whether the number of animals upon a site is
reasonable shall include, but are not limited to, the size of the site or portion thereof on which the
animals are kept; the type of animals and extent of noise, odor or other adverse impacts upon the
occupants of neighboring properties the animals may cause by their presence on the site; the
proximity of other dwelling units; the manner in which the animals are confined upon the site; and
the propensity of the animals to cause injury or damage to persons or property.
(i) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone
and other wireless communications, subject to design review under Article 15 -44
4. Removing references to noise in the Professional Administrative and Commercial District
15- 18.040 General restrictions on use.
(a) All permitted and conditional uses shall be conducted entirely within a completely enclosed
structure, except for off - street parking and loading areas and temporary Christmas tree sales.
(b) No sales, production, repair or processing shall take place on any site except to the extent
customarily carried on in connection with a permitted or conditional use.
(c) No use shall be permitted which emits air pollutants, solid or liquid wastes or dangerous
radioactivity, or which creates odor, , vibration, glare or electrical disturbance detectable
beyond the boundaries of the site, or which involves any hazard of fire or explosion.
(d) No use shall be permitted which creates an emission which endangers human health or causes
damage to animals, vegetation or property.
15- 19.020 General regulations.
The following general regulations shall apply to all commercial districts in the City:
(c) Expressly prohibited uses. Without limiting the application of Section 15- 05.055(a) of this
Chapter, the following uses are expressly declared to be prohibited in all commercial districts:
(1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge
which endangers human health or causes damage to animals, vegetation or property.
(2) Any use which creates offensive odor, nun, vibration, glare or electrical disturbance,
detectable beyond the boundaries of the site, or creates a hazard of fire or explosion.
(3) Any use involving drive - through service, such as restaurants and financial institutions with
drive - through windows.
(4) Any use involving automotive body work, such as collision repair, painting, dismantling or
customizing.
(5) Mini - storage facilities.
(6) Outdoor sales or storage of motor vehicles.
12
5. Emergency or Stand -by Generators — Conditional Use Permit
15- 55.065 Director review and hearing.
(a) Unless the application otherwise requires design review or other approval by the Planning
Commission, the following uses may be permitted by a conditional use permit issued by the Director
in accordance with this Article:
(1) Conditionally permitted uses not exceeding four thousand square feet in area in any
commercial district ( "Commercial CUPS "); and
pursuant to subseetion 15 80.030(k) ("Gener-a4er CUPs").
(b) Prior to making a final decision on any conditional use permit application, the Director shall
mail to the applicant, all property owners whose names appear on the latest available assessment roll
of the County as owning property within five hundred feet of the subject property, and to others as
deemed by the Director to be interested or affected a Notice of Intent specifying the proposed
decision. All interested or affected parties will have fifteen calendar days from the date of the notice
in which to review the application, provide written comments to the Director, and make written
request for a public hearing or notice of a hearing if one is to be held. The Director shall make a final
written decision on the application after the close of the review period or, if a public hearing is
requested, after the close of the public hearing. The Director shall mail notice of the decision to the
applicant and to any party that has made written request for a copy of such notice prior to the close
of the public hearing.
(c) If a public hearing is requested the Director shall conduct a public hearing or refer the
application for a hearing and decision before the Planning Commission at such time as the Director
shall determine. The action of the Director to refer a matter to the Planning Commission is not
subject to appeal. Notice of the public hearing shall be given not less than ten days nor more than
thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place
of the hearing to the applicant and to all persons who have timely requested such notice in writing.
Notice of the public hearing shall also be published once not less than ten days prior to the date of
the hearing in a newspaper having general circulation in the City.
15- 80.030(k) Emergency or stand -by generators. No emergency or stand -by generator shall be
allowed in any required front, side or rear setback area. All emergency or stand -by generators shall
be required to meet all applicable requirements of the City Code, including Article 7 -3 0 concerning
noise. , an emer-geney or- stand by generator- may
be permiRed upon the gr-apAing of a eonditional use permit. Any appheation for- stieh a permit MU
be aeeempanied with infofmation from the fnanufaetur-er- the noise generatio
eharaeter-isties of the generator-. A noise assessmeni 111)e prepared by a qualified aeousfieal
eonsultant ;ed generators. The noise assessment sWdy shall confirm the generator- meets
all applieable r-equir-emei4s of the City Code, ineluding At4iele 7 30 eoneefflifig noise. This
mstr-ietion shall not apply to genefator-s for- whieh the ovaier- pr-ovides evidenee of installation prior- to
My 1 7004 provided, however, that mmoval ofno,,,onf ,.,,i -
generators may be required as a eondition of approval for- any design review applieation involving
ir- r-eeonstruetion of more than fifty per-eent of-the main dwelling, as deseribed in At4icle
15 4 5
13
6 Move from the noise section to the general regulations section for commercial districts, add the
following subsection (0 to Section 15- 19.020
(i) Set -up and cleaning of commercial establishments. Set -up and cleaning activities
conducted at restaurants and other commercial establishments located immediately adiacent
to a residential area, which generate any noise audible to the occupants of the adjacent
residences, including noise generated by the operation of delivery or service vehicles, shall not
begin prior to one hour before the normal opening time of the establishment or extend later
than one hour after the normal closing time of the establishment, or such other times as may
be specified in a use permit, license, or other entitlement granted by the Citv for such
establishment.
7. Establishing Noise Limitation for Habitable Rooms in New Residential Development
16-75,060 Limit on Noise Level for Habitable Rooms in New Residential Development.
New residential development shall be designed and constructed to provide an interior noise
level of DNL 45 dB or less in habitable rooms (due to outdoor sources).
Section 2. Severance Clause.
The City Council declares that each section, sub - section, paragraph, sub - paragraph, sentence, clause
and phrase of this ordinance is severable and independent of every other section, sub - section,
paragraph, sub - paragraph, sentence, clause and phrase of this ordinance. If any section, sub - section,
paragraph, sub - paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
An Initial Study and Negative Declaration were prepared for the update to the General Plan Noise
Element pursuant CEQA requirements and it was determined that its adoption would not have a
potentially significant effect on the environment. The proposed amendments and additions to the City
Code would implement the policies contained in the Noise Element. Furthermore, the proposed
amendments and additions to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA
applies only to projects which have the potential of causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have
a significant effect on the environment, the activity is not subject to CEQA. In this circumstance,
Staff is recommending amendments to the existing City Code and related sections and additions of
provisions and reference appendices to the existing Code; the amendments and additions would have
a de minimis impact on the environment.
14
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 19th day of March 2014, and was
adopted by the following vote on April 2, 2014.
COUNCIL MEMBERS:
AYES: Mayor Emily Lo, Vice Mayor Howard Miller, Council Member Manny
Cappello, Chuck Page, Jill Hunter
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Emily Lo
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
(19W &ffi-elub DATE:� ! f
CryAtal Bothelio
CITY CLERK
APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
DATE:
15
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