25.1401 Purpose.
It is the policy of the City of Fairfield to protect its citizens from the harmful and annoying effects of excessive noise and to protect the City’s economic base by preventing incompatible land uses from encroaching upon existing or planned noise-producing uses. This ordinance is established to regulate and control disturbing, excessive and offensive noise. This ordinance also includes regulations for new development that may cause or be exposed to excessive noise.
25.1402 Definitions.
Ambient Noise Level
The composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.
A-Weighted Sound Level (dBA)
The sound pressure level in decibels as measured on a sound level meter using the A-weighting network.
Construction
Any site preparation, assembly, erection, substantial repair, alteration, or similar action.
Day-Night Average Sound Level (Ldn) or Community Noise Equivalency Level (CNEL)
The 24-hour average of the A-weighted sound pressure level, with the levels during the evening and night-time hours increased. For the Ldn, the night-time period between 10:00 p.m. and 7:00 a.m. is increased by 10 dBA before averaging. For the CNEL, the evening period between 7:00 p.m. and 10:00 p.m. is increased by 5 dBA and the night-time period between 10:00 p.m. and 7:00 a.m. is increased by 10 dBA.
Decibel (dB)
A unit for measuring the volume of a sound.
Demolition
Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
Development Project
Any physical improvement subject to a permit under Chapter 25, Article 1 (Zoning Ordinance) of the Fairfield City Code.
Emergency
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate actions.
Equivalent A-Weighted Sound Level (Leq)
The sound level containing the same total energy as a time varying signal over a given sample period, typically one hour.
Impulsive Sound
Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions and the discharge of firearms.
Maximum Sound Level (Lmax)
The maximum sound level recorded during a noise event.
Noise
Any sound which annoys or disturbs a reasonable person of normal sensitivities.
Noise Sensitive Land Use
Locations where there is greater sensitivity to excess noise, including but not limited to, residences, hospitals, nursing homes, theaters, auditoriums, churches, meeting halls, schools, libraries, museums, and parks.
Non-transportation Noise Source
Any source of noise that emanates from a particular fixed location. Examples include machinery, equipment, loudspeakers, truck loading areas, and places of entertainment.
Portable Emergency Generator
Any UL listed diesel or gas fired generator not connected to a building’s electrical system and only intended to provide power during emergencies or utility power outages.
Pure Tone
Any sound which can be distinctly heard as a single pitch or a set of single pitches.
Sound Level
The sound pressure level in decibels as measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives a good correlation with subjective reactions to noise.
Stationary Emergency Generator
Any UL 2200 listed natural gas and/or propane fired generator permanently connected to the building’s electrical system and only intended to provide power during emergencies or utility power outages.
Transportation Noise Source
Any source of noise that emanates from vehicles in motion either associated with ground transportation (roadways and railroads) or with air traffic (airplane and helicopter). (Ord. No. 2020-13, § 2.)
25.1403 Noise Standards.
It is unlawful for any person to create any noise at any location in the City of Fairfield that results in the exposure to other properties in the vicinity that exceeds the levels of Table 25.1401, except as otherwise provided for in this ordinance.
|
TABLE 25.1401 - Non-Transportation Noise Standards |
|||||
|---|---|---|---|---|---|
|
|
|
Exterior Noise-Level Standard (Applicable at Property Line) |
Interior Noise-Level Standard |
||
|
Land Use |
Noise-Level Descriptor |
Daytime (7 am - 10 pm) |
Nighttime (10 pm - 7 am) |
Daytime (7 am - 10 pm) |
Nighttime (10 pm - 7 am) |
|
Residential |
Leq Lmax |
50 70 |
45 65 |
40 60 |
35 55 |
|
Transient lodging, hospitals, nursing homes |
Leq Lmax |
-- -- |
-- -- |
40 60 |
35 55 |
|
Theaters, auditoriums, music halls |
Leq |
-- |
-- |
35 |
35 |
|
Churches, meeting halls |
Leq |
-- |
-- |
40 |
40 |
|
Office buildings |
Leq |
-- |
-- |
45 |
-- |
|
Schools, libraries, museums |
Leq |
-- |
-- |
45 |
-- |
|
Playgrounds, parks |
Leq |
65 |
-- |
-- |
-- |
Notes: Each of the noise levels specified above shall be lowered by 5 dB for simple tone noises, noises consisting primarily of speech or music, or recurring impulsive noises.
These noise-level standards do not apply to residential units established in conjunction with industrial or commercial uses (e.g., caretaker dwelling).
In situations where the existing ambient noise level exceeds the noise levels indicated in the above table, any new noise source must include mitigation that reduces the noise level to the existing ambient level.
Exterior noise standards are measured at the property line of the receiving property.
25.1404 Specific Prohibitions
No person shall do, cause or suffer or permit to be done on any premises owned, occupied or controlled by such person, any of the following acts:
Auto body repairs - Repair any auto body or fender unless within completely enclosed building and the noises from such repairs are reasonably confined to such building.
Construction activities - Operating or permitting the operation of any tools or equipment used in construction, grading or demolition works between the hours of 10:00 p.m. and 7:00 a.m. except by written permission of the Director of Public Works.
Animals and fowl - Keep or maintain any animal, crowing rooster or fowl, which by any persistent sound or cry shall disturb a reasonable person owning, using, or occupying property in the neighborhood.
Sounding horns and signal devices - The sounding of any horn or signal device on any automobile, motorcycle, bus, street car, or other vehicle in any other manner or circumstances or for any other purpose than required or permitted by the vehicle code or other laws of the state.
Racing engine - Racing the engine of any motor vehicle, except when necessary to do so in the course of repairing, adjusting or testing but not so that a reasonable person owning, using, or occupying property in the neighborhood is disturbed.
Musical instruments, sound amplifiers and sounds in general - Use or operate any musical instrument or any device, machine, apparatus, or instrument for intensification or amplification of the human voice or any sound or noise in such manner that a reasonable person owning, using, or occupying property in the neighborhood is disturbed.
Places of public entertainment - Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces or amplifies sound in any place of public entertainment such that the noise level at the property line disturbs a reasonable person owning, using, or occupying property in the neighborhood or that exceeds the standards set forth in Table 25.1401.
Explosives, firearms, and similar devices - The use or firing of explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way, except when part of a government-authorized honor guard.
Large vehicle delivery and loading - The loading, unloading or delivery of goods, merchandise, vehicles or supplies by large trucks, tractor-trailers, or other similar vehicles between the hours of 10:00 p.m. and 7:00 a.m. adjacent to a residential use, where such activities would exceed the Lmax thresholds of Table 25.1401.
25.1405 Exemptions.
Sound or noise emanating from the following sources and activities are exempt from the provisions of this ordinance:
A. Sound sources typically associated with residential uses (e.g., children at play, air conditioning and similar equipment, but not including barking dogs).
B. Sound sources associated with property maintenance (e.g., lawn mowers, edgers, blowers, pool pumps, power tools, etc.) provided such activities take place between the hours of 7:00 a.m. and 10:00 p.m.
C. Safety, warning, and alarm devices, including house and car alarms, and other warning devices that are designed to protect health, safety, and welfare, provided such devices are not negligently maintained or operated.
D. The normal operation of public and private schools typically consisting of classes and other school-sponsored activities, such as school bands and school athletic events.
E. Emergencies, involving the execution of the duties of duly authorized governmental personnel and others providing emergency response to the general public, including but not limited to sworn peace officers, emergency personnel, utility personnel, and the operation of emergency response vehicles and equipment.
F. Portable or stationary emergency generators used to provide backup power during a power outage or an emergency, or as required for routine testing of the generator. Portable and stationary emergency generators must not exceed 70 dBA during full speed diagnostics and normal operations when measured at 21 feet with no loads, must comply with all requirements of the California Fire Code as amended by the City, and must comply with setback requirements pursuant to Section 25.30.6 of this Code. Installations of stationary emergency generators shall require a building permit and must comply with the screening requirements in Section 25.30.3. Testing of generators shall be limited to the hours of 7:00 a.m. and 10:00 p.m. on any day and limited to the duration specified by the manufacturer’s recommendations. For the purpose of this subsection, an “emergency” means any city, county, or state declared emergency, or any interruption of utility power due to preventive utility shut-off measures or due to damage to utility infrastructure from accidents, earthquakes, fires, floods, storms, winds, or other acts.
G. Tree, park, and golf course maintenance activities conducted by the City or a City contractor.
H. Any activity related to the construction, development, manufacture, maintenance, testing or operation of any aircraft engine, or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States.
I. Notwithstanding the prohibitions listed in Section 25.1404, any activities within the scope of a special events permit obtained pursuant to Chapter 12A, provided such activities take place between the hours of 7:00 a.m. and 10:00 p.m.
J. Any other activity to the extent regulation thereof has been preempted by state or federal law or regulations. (Ord. No. 2020-13, § 3; Ord. No. 2021-12, § 1.)
25.1406 Noise Standards for New Development Projects.
The following noise standards shall apply to proposed development projects, unless otherwise specifically indicated otherwise in this ordinance.
25.1407 Non-transportation Noise.
Noise created by new non-transportation noise sources shall be mitigated so as not to exceed the interior and exterior noise level standards of Table 25.1401. Where a proposed project includes non-transportation noise sources that are likely to produce noise levels exceeding the performance standards of Table 25.1401 or where a proposed project is likely to be exposed to existing non-transportation noise sources exceeding the standards of Table 15.1401, an acoustical analysis shall be required so that noise mitigation may be included in the project design.
25.1408 Ground Transportation.
The compatibility of proposed projects with existing and future noise levels due to ground transportation noise sources shall be evaluated in comparison with Table 25.1402. Where a proposed project is likely to be exposed to ground transportation noise sources exceeding the performance standards of Table 25.1402, an acoustical analysis shall be required so that noise mitigation may be included in the project design.
|
Table 25.1402 - Ground Transportation Noise Standards |
|||
|---|---|---|---|
|
|
Outdoor Activity Areas (a) |
Interior Spaces |
|
|
Land Use |
Ldn/CNEL, dB |
Ldn/CNEL, dB |
Leq, dB(b) |
|
Residential (d) |
60 (c) |
45 |
-- |
|
Transient lodging |
60 (c) |
45 |
-- |
|
Hospitals, nursing homes |
6 (c) |
45 |
-- |
|
Theaters, auditoriums, music halls |
-- |
-- |
35 |
|
Churches, meeting halls |
60c |
-- |
40 |
|
Office buildings |
-- |
-- |
45 |
|
Schools, libraries, museums |
-- |
-- |
45 |
|
Playgrounds, neighborhood parks |
70 |
-- |
-- |
Note: -- = not applicable.
a Where the location of outdoor activity areas is unknown, the exterior noise-level standard shall be applied to the property line of the receiving land use.
b As determined for a typical worst-case hour during periods of use.
c Where it is not possible to reduce noise in outdoor activity areas to 60 db Ldn/CNEL or less using a practical application of the best-available noise reduction measures, an exterior noise level of up to 65 dB Ldn/CNEL may be allowed provided that available exterior noise-level reduction measures have been implemented and interior noise levels are in compliance with this table.
d The outdoor noise standard for a multi-family project shall be the same as the standard for playgrounds and neighborhood parks. The outdoor activity area for a multi-family project shall include all common open space and recreation areas. The standard shall not apply to parking areas and private balcony areas. Outdoor areas designated for passive use shall comply with the residential standard.
In situations where the existing ambient noise level exceeds the noise levels indicated in the above table, any new noise source must include mitigation that reduces the noise level to the existing ambient level.
25.1409 Special Standards for Residential Development Near the Fairfield-Vacaville Train Station
Any proposed residential development located within ¼ mile from the Fairfield-Vacaville Train Station (located at the southeast corner of Vanden Road and Peabody Road) shall comply with the outdoor standards set forth in Table 25.1402 to the extent feasible. However, it is the intent of the City that residential development in this area have access and orientation to the train station. To this end, the exterior noise standard may be increased beyond the levels indicated in Table 25.1402 up to a maximum of 70 Ldn/CNEL at the discretion of the Planning Commission. Residential development must still comply with the interior standards set forth in Table 25.1402. Any residential property within ¼ mile of the train station shall include homebuyer/renter notification of the presence of the railroad and the associated noise, including the presence of train whistles.
25.1410 Special Standards for New Mixed Use Projects
Where a new development proposal includes a mix of residential and nonresidential uses within the same project, the exterior non-transportation daytime noise standard for the residential component of the project shall be increased by 5 decibels.
25.1411 Aircraft Noise
New land use proposals shall comply with the Travis AFB Land Use Compatibility Plan (LUCP) and the Travis Aero Club LUCP and with General Plan Policy HS 9.2 and General Plan Programs HS 9.2A, 9.2B, 9.2C, and 9.2D.
25.1412 Acoustical Analysis
When acoustical analysis is required for a new development project under the provisions of this ordinance, the analysis shall:
Be the responsibility of the applicant.
Be prepared by a qualified person experienced in the fields of environmental noise assessment and architectural acoustics.
Include representative noise level measurements with sufficient sampling periods and locations to adequately describe local conditions.
Estimate existing and projected noise levels in terms of the standards included in Tables 25.1401 and 25.1402.
Recommend appropriate mitigation to achieve compliance with this ordinance. Where the noise source in question consists of intermittent single events, the report must address the effects of maximum noise levels in sleeping rooms in terms of possible sleep disturbance.
|
• |
Estimate noise exposure after the prescribed mitigation measures have been implemented. |
|
• |
Describe a post-project assessment program which could be used to evaluate the effectiveness of the proposed mitigation measures. |
25.1413 Enforcement
This Ordinance shall be enforced under the provisions of Chapter 1, Article II (Administrative Citations) and Chapter 12 (Offenses) of the Fairfield City Code.