HomeMy WebLinkAbout85-33 Concerning Residential Noise ControlORDINANCE NO. 85-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, CONCERNING RESIDENTIAL
NOISE CONTROL.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
SECTION 1. The City Council of the City of Costa Mesa hereby finds
and declares as follows:
When the Residential Noise Control Section of the Costa Mesa Municipal
Code was amended in 1984, Section 13-730(e), dealing with noise from con-
struction work or equipment, was inadvertently repealed. This ordinance
revises Section 13-720 and re-enacts 'Section 13-730(e) as Section 13-725.
ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends
the Costa Mesa Municipal Code as follows:
SECTION 2.
1. Section 13-720 of Title 13, Chapter IX, is amended to read as
follows:
"Section 13-720. Variance Procedure.
(a) The owner or operator of a noise source which violates any provi-
sign of this chapter may file an application with the Development Services
Director for a variance from the provisions of this chapter. Variance
applications shall be processed according to procedures set forth in Title
13, Chapter II, Article 23. The application shall set forth all actions
taken to comply with this chapter, the reasons immediate ccmpliance cannot
be achieved, a proposed method and time schedule for achieving compliance,
and any other infonnation requested by the Director.
(b) An applicant shall remain subject to prosecution. under the terms
of this chapter until a variance is granted.
(c) All applications shall be evaluated with respect to time for
compliance, subject to any conditions deemed reasonable to achieve maximum
compliance with this chapter. Each variance granted shall set forth the
approved method and time schedule for achieving compliance. Evaluation of
the variance request shall include consideration of the magnitude of the
noise nuisance; the uses of property affected by the noise; the time
factors related to study, design, financing, and construction of remedial
work; the economic factors related to age and useful life of equipment; and
the general public interest and welfare."
lows:
2. Section 13-725 is added to Title 13, Chapter IX, to read as fol-
"Section 13-725. Exceptions.
The provisions of this chapter shall not apply to the following:
(a) Emergency machinery, vehicles, or work.
(b) Construction equipment, vehicles, or work between the hours of
7:00 a.m. and 8:00 p.m., provided that all required permits for such con-
struction, repair, or remodeling have been obtained from the appropriate
City departments."
SECTION 3.
This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen
(15) days from its passage shall be published once in the ORANGE COAST
DAILY PILOT, a newspaper of general circulation, printed and published in
the City of Costa Mesa or, in the alternative, the City Clerk may cause to
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be published a summary of this Ordinance and a certified copy of the text
of this Ordinance shall be posted in the office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance, and within fifteen
(15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a
certified copy of this Ordinance together with the names of the members of
the City Council voting for and against the same.
PASSED AND ADOPTED this 4th day of November, 1985.
ATTEST
1 y Clerk of the City of Co Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
4Mor2=o_7�the ity o -0-7v- Mesa
6�__r
APPROVED AS TO FORM
CITY ATTORNE
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and fore-
going Ordinance No. 85-33 was introduced and considered section by section
at a regular meeting of said City Council held on the 21st day of October,
1985, and thereafter passed and adopted as,a whole at a regular meeting of
said City Council held on the 4th'day of November, 1985, by the following
roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL. MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS-WH_REOF; I have hereunto set my hand and affixed the Seal
of the Cite of -`Costa Mesa this 5th day of November, 1985.
C' y Clerk and ex -officio Clerk o e
- _ City Council of the City of Cost esa
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