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HomeMy WebLinkAboutCAP 2010-06-14 Item 2C - Ordinance - Noise UpdateTO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Director, Department of Community Development David Haynes, Chief of Police DATE: June 21, 2010 SUBJECT: Noise Ordinance Update ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor Should we treat noise received by residential uses in commercial and industrial districts differently that we treat noise received by residential uses in residential districts? Should we limit some noises created in commercial and industrial districts when a residential use occurs in that district? The proposed noise ordinance went to Community Affairs and Parks on April 12, 2010. During the public hearing, Council heard testimony from several citizens. At the May 3, 2010 Regular Meeting, Vanessa Zaputil reiterated her testimony and requested Council consider more stringent requirements to protect residential uses in commercial or industrial zones throughout the city, particularly from construction equipment, maintenance noises and other routine noises. She also requested noticing for noise events. The Council requested to see a map that highlights areas where residential uses exist in non residential zones. Council further requested that staff return to the Community Affairs and Parks Committee to review available options for addressing these concerns. State law sets standards that residents in residential districts are to be protected from unreasonable noises, particularly during nighttime hours when most are sleeping and when the ambient noise level is naturally reduced. State law and the current noise code also specifically exempt construction noise from nighttime limits in non residential districts. The proposed ordinance follows the WAC by allowing commercial and industrial activity to continue at night provided that noise from such activity does not spill over into residential districts. The proposed ordinance also exempts property maintenance noise within non residential districts while prohibiting those same noises from being received at night in residential districts. See Attachment A for a comparison between the proposed ordinance, the current code and the WAC. Non residential zones are principally for commercial and industrial uses which are noisier than residential uses. The map, provided as Attachment B, shows identifiable residential uses located in commercial or industrial zones. Tukwila's zoning code allows some form of residential use in every zone in the City. These residential uses range from single family dwellings to mixed -use buildings in commercial zones to caretaker homes on industrial properties. While the data is very limited, there are 88 identified residential units in non residential zones. Of these 88 units, 48 are non conforming residential uses. In the 12 months ending April 10, 2010, the City received 517 noise complaints through the police department. None of these complaints were for construction, highway construction or property maintenance noise that would be exempt under the new code. The new code adds an allowance for the Director to require noise abatement even for exempt sounds. INFORMATIONAL MEMO Page 2 Per the WAC, the proposed ordinance does not require a variance for highway construction noise in non residential zones and allows any noise variance up to 30 days in residential zones to be granted without notice. If variances and noticing of variance requests were to be required in all zones and for all time frames, applicant expense and staff time for variance requests would increase and the noticing provided for highway construction variance requests often occurs weeks or months before the actual noise generating event. Staff suggests an option to provide applicable notice at the onset of highway construction noise while not increasing the need for variances and a condition that variances granted more than 30 days before the noise event occurs include residential notice at the onset of the noise event. The proposed ordinance reduces staff time for processing variances, allows the status quo to continue regarding construction noise at night, is simple to enforce and allows the Director to require noise abatement for all sounds. However, the proposed ordinance could be amended to remove the exemptions for property construction noises, highway construction noises, noticing requirements, and /or property maintenance noises (see Attachment C for possible ordinance changes). The pros and cons of these options are detailed below. Issue 1: Remove property construction exemption The current code, the proposed ordinance, and the WAC all exempt nighttime construction noises in commercial and industrial districts. If the ordinance were to remove this exemption and apply the "plainly audible" standard to noise sensitive units in all zones for construction related noises, then it would be possible for the residence located next to Boeing in the MIC /H zone to cause Boeing to have to cease building construction during nighttime hours. The Segale property could violate the noise ordinance if nighttime construction noise is received by the security residence on that property. In Option 1, existing nighttime construction practices may become violations unless a variance is granted. Variances would increase staff time and applicant expense and would be granted without notice when noise events are less than 30 days. Noise is not a vested right so the introduction of new residential uses could cause existing commercial and industrial -zoned properties to become noise violators. Residential uses in non residential zones could still experience nighttime property construction noise if a variance is granted. The City of Kirkland and City of Tacoma prohibit all property construction noise during nighttime hours. The WAC and Tukwila's current code exempt property construction noise in commercial and industrial districts but prohibit it where it impacts residential -zoned districts. Issue 2: Remove hiahwav construction exemption One of the principal goals of rewriting the noise code was to eliminate the need for variances and noticing for highway work conducted during nighttime hours in non residential zones. Highway maintenance variances involve significant staff time and will cost the applicant fees while the variances granted in the last 3 years have not generated any complaints in Tukwila. Due to the life safety issues regarding highway construction, nighttime highway construction variances will continue to be granted. (The requirement for highway maintenance variances in the existing code was due to a phrasing error and not likely the intent of the code.) Frequently, WSDOT construction noise is no louder than the ambient noise from the freeway. The WAC exempts highway maintenance noise at night in commercial and industrial districts. Issue 3: As a condition of any variance and for any nighttime hiahway maintenance noise, reauire noticina at the onset of the actual noise- oeneratina event Noticing of noise variance requests often occur well before a project begins. The noticing is provided to alert citizens of the variance request and may or may not provide timely notice of when the actual construction will occur. Further, the proposed ordinance provides relief from noticing requirements for variances Tess than 30 days and does not require a variance for highway W:\2010 InfoMemos\Noise CAP staff report2(06- 14- 10).doc INFORMATIONAL MEMO Page 3 construction noise in non residential zones. Adding a requirement for noticing at the onset of highway construction and as a condition of all variance requests provides residences an awareness of impending activity and an opportunity to plan accordingly. Noticing would only occur for residential uses and can be provided by mail or by door hangers; it would be similar to the noticing requirements added to residential parties at the CAP meeting on April 12, 2010. Noticing at the onset of events will also be required of City- sponsored projects which will increase staff time. Noise generating events are often weather dependant and span a significant length of time; noticing at the onset may not sufficiently prepare residents for the entirety of the actual noise occurrences. Issue 4: Remove ororerty maintenance exemption The new code introduces an exemption for nighttime property maintenance. It is reasonable to expect commercial and industrial uses to use maintenance equipment during nighttime hours to prepare for daytime operations but no complaints for nighttime property maintenance have been received. Removing this exemption would mirror the existing noise code by maintaining a violation if citizens located in non residential zones are exposed to nighttime property maintenance noise from commercial and industrial properties. Variances could still be sought. Removing this exemption would make nighttime property maintenance noises subject to the "plainly audible" standard of the new code. The City of Kirkland prohibits property maintenance noise during nighttime hours. The City of Bellevue exempts property maintenance at night. The WAC only exempts property maintenance during the day and only from residential properties. RECOMMENDATION To balance the concerns of the residential community with the needs of commercial and industrial uses, staff recommends the following: Issue 1: Staff recommends no changes to the proposed ordinance and maintaining the construction exemption; Issue 2: Staff recommends no changes to the proposed ordinance and maintaining the highway construction exemption; Issue 3: Staff recommends requiring noticing at the onset of a noise generating event; and Issue 4: Staff recommends removing the exemption for nighttime property maintenance from the proposed ordinance. Staff recommends forwarding the draft ordinance with the recommended amendments to include Issues 3 and 4 for consideration to the Committee of the Whole meeting June 28, 2010. Proposed ordinance changes are included as Attachment C. ATTACHMENTS Attachment A: Table and summary of new code versus old code noise exemptions. Attachment B: Map Attachment C: Possible Ordinance Changes W:12010 InfoMemos\Noise CAP staff report2(06- 14- 10).doc INFORMATIONAL MEMO Page 4 ATTACHMENT A Time when Noise is Exempt Aircraft maintenance Utility repair Bells Aircraft in flight Safety equipment Emergency equipment Warning devices Railroad Natural phenomenon Parades Substations Generator testing Construction Power equipment/ maintenance Highway maintenance NEW CODE 1 Days Days Days Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days Days Days Days W:12010 infoMemos\Noise CAP staff report2(06- 14- 10).doc Receiving District Residential OLD CODE Days Days Days Days /nights Days /nights Days /n ights Days /nights Days /nights Days /nights Days /nights Days /nights Not exempt Days Days Variance required and always granted WAC 173 -60 Days Days Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days Days Days (WAC 173- 62 -040) NEW CODE Days Days Days Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days Days /nights Days /nights Days /nights Receiving District Commercial /Industrial OLD CODE Days Days Days Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Not exempt Days /nights Days Variance required and always granted New code versus old codes: Specify Maximum Permissible Sound levels and give options for determining violations. It is a violation to exceed certain decibel levels based on time of day and district designations. Both codes exempt construction noise from temporary construction sites in commercial and industrial districts at all times. Both codes exempt highway maintenance noise in commercial and industrial districts. The old code also exempts highway maintenance noise in residential districts but because of a language error variances are required for highway maintenance. Both codes exempt property maintenance noise in all districts during the day. The new code also exempts property maintenance noise in commercial and industrial districts during the night. Additionally, in the new code, It is a violation to produce non exempt plainly audible sound that can be heard from within a noise sensitive unit during the nighttime hours. "Noise Sensitive Unit" includes residential use in any district. It is a violation to produce plainly audible commercial music at a distance of 50 feet from the property line of the commercial establishment. WAC 173 -60 Days Days Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights The WAC is silent on non- residential property maintenance Days /nights (WAC 173- 62 -040) INFORMATIONAL MEMO Page 5 ATTACHMENT B (A large -scale map will be provided at the CAP meeting) Indutdal Doh. Legend Conlandng R..Snhial Uses In Non Residential Zones Non-Conlotmng Residential Uses in NonResidenhal Zones Residential Dishkt Comnetael DisUIC Z:\Noise Code\Noise CAP staff report (06- 14- 10).doc GIs T+.IL ifi•J City of Tukwila Noise Ordinance Review Map 0 0 750 1.500 5000 Feel INFORMATIONAL MEMO Page 6 ATTACHMENT C: Code Changes if Issue 1 is selected removing property construction exemption Code changes: 8.22.100 Sounds Exempt at ail Time. 8.22.110 Sounds Exempt During Daytime Hours. 3. Sounds created by construction or the movement of construction- related materials, including but not limited to, striking or cutting sounds from hammers, saws or equipment with electrical or internal combustion engines emanating from temporary construction sites, property is located in a residential district of the City. Code Changes if Issue 2 is selected removing highway construction exemption Code change: 8.22.100 Sounds Exempt at all Time. 4--1. Code Changes if Issue 4 is selected removing property maintenance exemption Code changes: 8.22.100 Sounds Exempt at all Time. W:12010 InfoMemosWNoise CAP staff report2(06- 14- 10).doc No Change: 8.22.110 Sounds Exempt During Daytime Hours. 6. Sounds created by equipment used for public highway maintenance and construction. Code Changes if Issue 3 is selected requiring time specific noticing of highway construction Code change: 8.22.100 Sounds Exempt at all Time. 11. Sounds created by equipment used for public highway maintenance and construction, provided the receiving property is located in a commercial or industrial district of the City and provided that the applicant shall provide written notice to all residences within 500 feet of the proiect includina all residents of multi familv complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the lenath of the proiect. An affidavit of distribution shall be provided to the City. Code change: 8.22.120 Variances. F. In authorizing a variance, the administrator may attach thereto such conditions regarding noise level, duration, type and other considerations as the administrator may deem necessary to carry out the policy and purpose of this chapter. The variance permit shall enumerate the conditions of the variance, including but not limited to: 3. If the notice of application for sound aeneratina events does not include the noise event startina within thirty days of the notice. the applicant shall provide written notice to all residences within 500 feet of the project including all residents of multi familv complexes. Notice shall be Provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City. INFORMATIONAL MEMO Page 7 8.22.110 Sounds Exempt During Daytime Hours. 4.Sounds created by hand or powered equipment used in temporary or periodic maintenance or repair of property, uses or structures, including but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters, W:120101nfoMemos\Noise CAP staff report2(06- 14- 10).doc