HomeMy WebLinkAboutOrdinance 298 Outdoor Music in the VillageORDINANCE NO. 298
AN ORDINANCE AMENDING ARTICLE 7-30 AND SECTION 15-19.050
OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Findings
1. The City of Saratoga wishes to amend Article 7-30 and Section 15-19.050 to the City
Code allow outdoor music in the C -H zoning district subject to a new Outdoor Music
Permit requirement.
2. Certain amendments in this ordinance affect provisions of the City's zoning regulations
in Chapter 15 of the Code. These amendments were considered by the Planning
Commission of the City of Saratoga and the Commission, after duly noticed public
hearings on June 27 and July 25, 2012, recommended adoption of the amendments to
Chapter 15.
3. The City Council of the City of Saratoga held a duly noticed public hearing on August
15, 2012 and after considering all testimony and written materials provided in connection
with that hearing, introduced this ordinance.
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 double -
underlined font (e.g., double -underlined) and text to be deleted is indicated in strikeout font (e.g.,
strikeout). Text in standard font remains unchanged by this ordinance. Text in italics (e.g.,
italics) is provided to promote readability and is not a part of this ordinance.
A. Amendments to Chapter 7, Article 30 Concerning Noise Control
1. Additional noise ordinance definitions
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 context or the provision clearly requires
otherwise:
(a) Acoustic music means live vocal or instrumental music that is not electrically
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.
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(al) Ambient noise level means the composite of noise from all sources, near and far,
constituting the normal or existing level of environmental noise at a given location,
excluding the noise source in question.
(c) 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.
(bd) Approving authority means the commission, officer or official of the City having the
authority to initially approve or deny a particular type of application.
(e) 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 ambient noise standards in Section 7-30.040(a).
(ef) Daytime means the twelve hour period from 7:00 A.M. to 7:00 P.M.
(dg) Decibel or dB means a unit of sound of noise level equal to ten times the logarithm,
with base ten, of the ratio between the acoustic energy presented at a given location and
the lowest amount of acoustic energy audible to sensitive human ears.
(eh) Decibel A Scale or dBA means a measure of decibels using the "A" scale or "A"
weighted network of the sound level meter.
(i) Director means the Community Development Director
(t) Evening means the three hour period from 7:00 P.M. to 10:00 P.M.
(gk) Nighttime means the nine hour period from 10:00 P.M. to 7:00 A.M. of the following
day.
(hl) 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.
(r Outdoor music event means the playing of acoustic or amplified music outdoors at
one commercial establishment.
(gin) Property plane means a vertical plane located at and perpendicular to the property line
which determines the property boundaries in space of the parcel over or from which the
sound in questions is audibly transmitted.
(o) Single event noise means noise generated from a single source which is distinguishable
from the ambient noise level.
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(kp) 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.
2. Amending noise exceptions for indoor music
7-30.060 Exceptions for specific activities.
Exceptions for specific activities, so long as the noise level at any point twenty-five feet from
the source of noise does not exceed 83 dBA or any lesser level specified below, shall be
permitted to exceed the standards set forth in Section 7-30.050 under the following conditions:
(a) Residential construction. Residential construction, alteration or repair activities which
are authorized by a valid City permit, or do not require the issuance of a City permit, 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. Residential construction
shall be prohibited on Sunday and weekday holidays, with the exception of the following:
(1) Construction, alteration or repair activities that do not require a City permit may
be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sunday and
weekday holidays.
(2) Construction, alteration or repair activities which are authorized by a valid City
permit and which 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
Sunday and weekday holidays.
(3) Temporary construction activities authorized by the Director upon his/her
determination of an emergency.
A notice of applicable construction hour restrictions shall be posted conspicuously
on site at all times for all exterior residential construction activity requiring a City
permit.
(b) Commercial construction. Construction, alteration or repair activities in Commercial
and Professional and Administrative Office zoning districts which are authorized by a
valid City permit, or do not require the issuance of a City permit, may be conducted
between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday. Commercial
construction shall be prohibited on Saturday, Sunday and other holidays. The Director
may grant temporary exemptions upon his/her determination of an emergency.
(c)
Subdivision construction. Subdivision construction activities which are authorized by
a valid City permit, or do not require the issuance of a City permit, may be conducted
between the hours of 7:30 A.M. and 6:00 P.M. Monday through Friday. Subdivision
construction shall be prohibited on Saturday, Sunday and other holidays. The Public
Works Director may grant temporary exemptions upon his/her determination of an
emergency.
(d) Garden tools. Powered garden tools except gasoline powered leaf blowers may be
utilized between the hours of 8:00 A.M. and 9:00 P.M. on Sundays through Saturdays.
Gasoline powered leaf blowers may be utilized between 8:00 A.M. and 5:00 P.M.
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Monday through Saturday only. No gasoline powered leaf blowers shall be allowed on
Sundays. The noise level of all garden tools including gasoline powered leaf blowers
shall not exceed seventy-eight dBA at any point twenty-five feet from the source of
noise.
(e) Pool and spa equipment. Pool and spa equipment located within twenty feet of a side
property line shall only be operated between the hours of 8:00 A.M. and 10:00 P.M.
Noise from such equipment shall not exceed fifty dBA twenty-five feet from the source
of noise.
(f) Set-up and cleaning of commercial establishments. Set-up and cleaning activities
conducted at restaurants and other commercial establishments located immediately
adjacent 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 City for such establishment.
(g)
Indoor Live or recorded music. Commercial establishments in commercial zoning
districts may have live or recorded music played inside a building. shall keep Aall
doors and windows within the commercial establishment shall be kept closed after 9:00
P.M. closed during nighttime hours 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 73dBA before 9:00 PM and 63dBA after 9:00 PM as
measured by a sound level meter five feet outside the building.
(h) Animals. Noise caused by animals shall be governed by the provisions of Section 7-
20.190 concerning barking dogs and Section 15-11.020(h) concerning the keeping of
animals as pets.
3. Adding "Outdoor Music Permit" as a type of noise exception permit
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.
(b)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:
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(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 Section 7-30.090 b) shall ex ire
November 1, 2013, and thereafter outdoor music shall not be allowed in the CH Zoning
District, unless a later enacted ordinance that becomes effective on or before November
1, 2013 deletes or extends that expiration 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.
(1) Each Outdoor Music Permit shall be subject to conditions requiring coordination
and cooperation among holders of Outdoor Music Permits such that acoustic
and/or amplified music played outside a building at the same date and time shall
be limited by blocks as described below:
a. Two events in Block One situated between 3rd Street & Saratoga Los
Gatos Road separated by at least 200 feet.
b. One event in Block Two situated between 3rd and 4th Street
c. One event in Block Three situated between 4th and 5th Street
d. One event in Block Four situated west of 5th Street
1. e1. _
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holding an Outdoor Music Permit during the following days and times
provided that it does not exceed the specified maximum decibel levels:
a. Fridays. 5:00 PM to 9:00 PM, 73 dbA
b. Saturdays, 4:00 PM to9:00 PM, 73 dbA
c. Sundays,_11:00 AM to 4:00 PM, 73 dbA
The above decibel levels shall be measured twenty-five feet from the source
of the sound.
(3) 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) 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
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(5)
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.
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) 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 Sectionl 5-90.020, the decision of the Planning Commission
on the appeal shall be final and not subject to appeal to the City Council.
B. Amendments to Chapter 15 Concerning Zoning Regulations
4. Adding "Live & Recorded Music" to the list of permitted uses in the CH districts
15-19.050 - C -H district regulations
(1)
Live or Recorded Music. A commercial establishment may have amplified or acoustic
music outside a building upon issuance of an Outdoor Music Permit pursuant to Section
7-30.090(b) or inside a building pursuant to Section 7-30.060(g) without such a
permit.
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 regardless 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.
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Section 3. California Environmental Quality Act
The proposed amendments to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor
Alteration to Land Use Limitations, 15308 — Actions by Regulatory Agencies for Protection of
the Environment, and 15061(b)(3) - The general rule that CEQA applies only to projects which
have the potential of causing a significant effect on the environment. The amendments to the
existing City Code will have the effect of reducing the overall allowable sound levels in the City.
Currently any commercial establishment may have live or recorded music that results in sound
levels up to 83dBA measured 25 -feet from the source of music. In the C -H zoning district such
sound levels currently can only come from music within a building. Outdoor music will
introduce a new source of sound in the C -H district but at sound levels significantly lower than
what is currently allowed in that district under general noise exceptions.
Section 4. Publication.
This ordinance or a comprehensive summary thereof 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 and read at
the regular meeting of the City Council of the City of Saratoga held on the 15th day of August,
2012, and was adopted by the following vote following a second reading on the 5th day of
September 2012.
AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill
Hunter, Mayor Chuck Page
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
PyAgitl Morrow
City Clerk
ctati' Po6A)
I
Pa_e
MAYOR, CITY OF SARATOGA, C L O' IA
DATE: °I'/AD /.7(=> IZ
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APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
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