HomeMy WebLinkAboutDI 89-06; Planning Commission Noise Subcommittee; Discussion Item (DI) (9)DISCUSSION ITEM
DATE : September 6, 1989
TO : PLANNING COMMISSION
FROM : PLANNING COMMISSION'S NOISE SUBCOMMITTEE: Jeanne McFadden, Chair, Bud Schl ehuber Tom Erwin
SUBJECT: REPORT ON COMPLETION OF THE PLANNING COMMISSION NOISE SUBCOMMITTEE
WORK PROGRAM.
The subcommittee recently completed its work program. The committee was charged with three tasks.
The first task was to develop an interim noise ordinance/standards/policy that would be used until a complete revision on the City's Noise Element could be done. The committee chose to develop an administrative noise policy to govern the identification and mitigation of noise impacts by future development. That policy would be implemented during Planning's CEQA analysis of any proposed project. This policy was approved by the Planning Director and has been utilized by staff to analyze the adequacy of a project's noise analysis and noise mitigation. This analysis is presented to the Planning Commission within the Environmental Discussion of the staff reports. A copy of the Administrative Pol icy is provided as attachment "A".
The second charge of the committee was to reformat and bring into consistency the City's existing Noise Element. This involved a variety of minor clerical and technical updates along with reformatting the test. The new reformatted consistency version of existing noise element is attached as Exhibit "Bll. It will be considered and reviewed as part of the complete General P1 an Update which will be coming to the Planning Commission within the next couple of months.
The last charge of the subcommittee was to make potential recommendations to staff for the complete revision of the City's noise element. These recommendations would be presented to the consultant hired to work staff to develop a new draft noise element. These recommendations are based on the committee's review of a variety of noise elements throughout the state of Cal i forni a.
ATTACHMENTS:
A. Administrative Policy #17 Concerning Noise B. Consistency Version of Existing Noise Element C. Recommendations for Revised Noise Element
LBS: 1 h July 13, 1989
PLANNING DEPARTMENT
POLICY No: EFFECTIVE DATE: 13 PAGES
ADMINISTRATIVE POLICY
According to the Noise Control Act of 1973 Health & Safety Code 46000 ET. SEQ.,
the Planning and Zoning Law Government Code 65302 (f) and CEQA Public Resources Code 2100 ER.SEQ. and until the City of Carl sbad's Noise Element is updated and amended a "Noise" Study shall be submitted with all discretionary applications for residential projects of five or more dwellings within:
1.
2.
3.
4.
5.
2,000 feet from the right-of-way of Interstate 5
1,000 feet from the right-of-way of Highway 78
500 feet from the railroad right- of-way
500 feet from the right-of-way of an existing or future Circulation Element Roadway as identified on the Carl sbad General P1 an.
Within the McClellan Palomar Airport influence area as depicted on the Comprehensive Land Use P1 an for McCl el 1 an Pal omar Airport.
This study shall be prepared by an acoustical professional and document the
projected noise level at buildout of Carlsbad's General Plan and mitigate the projected buildout noise level to a maximum of 60 dba CNEL at:
1: Five feet inside the proposed project's property line at six feet above finished grade 1 eve1 , and
2. Imnediately above the highest window or door opening in a dwelling unit.
If the Planning Conmission or Design Review Board find that it is infeasible and/or undesirable to mitigate the noise level to the above mentioned standards
then the following mitigation measures shall be implemented:
1. It shall be the responsibility of the developer of the project to
prove to the satisfaction of the Planning Conmission or Design Review Board why it is not feasible to comply with the above mentioned standards.
2. A1 1 purchasers of the impacted properties shall be notified by a deed disclosure in writing of the noise impact to these properties.
3. Well sealed, multi-paned windows shall be installed on all units that do not comply with the above mentioned standards. When closed, these
windows shall reduce the interior noise level to 45 dba CNEL.
4. All units that do not comply with the above mentioned standards shall have an artificial circulation system (air conditioning) installed prior to occupancy of the unit.
In addition the following appropriate mitigations and/or conditions of approval shall be incorporated into projects:
APPROVED BY:
P1 anni ng Di rector
NOISE MITIGATION/CONDITIONS
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ALL RESIDENTIAL PROJECTS AFFECTED BY ADMINISTRATIVE POLICY:
Mitigation prior to the approval of the proposed project, an acoustical analysis shall be submitted to and approved by the Planning Director which shall illustrate the feasibility of the exterior mitigation measures required to achieve and maintain an environment free of excessive or harmful noise.
ALL RESIDENTIAL PROJECTS NEAR EXISTING OR FUTURE TRANSPORTATION
CORRIDORS:
Prior to recordation of the fires final tract/parcel map or issuance of building permits, whichever is first, the owner shall prepare and record a notice that this property may be subject to impacts from the proposed or existing Transportation Corridor in a manner meeting the approval of the Planning Director and City Attorney (See form Noise 1).
RESIDENTIAL PROJECTS WITHIN 3 MILES OF MCCLELLAN-PALOMAR AIRPORT AS
SHOWN ON THE AUGUST 1988 COUNTY OF SAN DIEGO NOISE CONTROL PLAN FOR
PALOMAR AIRPORT:
Prior to the recordation of the first final tract/parcel map or the issuance of residential building permits, whichever is first, the owner of record of the property within the boundaries of this tentative tract/parcel map shall prepare and record a notice (Form Noise 2) that this property is subject to overflight, sight, and sound of aircraft operating from Pal omar Airport in a manner meeting the approval of the Planning Director and the City Attorney.
The applicant shall pose aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director. (See form Noise 3).
POTENTIAL NOISE GENERATING PROJECTS:
Mitigation prior to approval of any permits, an acoustical analysis report and appropriate plans shall be submitted describing the noise generation potential ofthe proposed project and proposed attenuation measures to assure that an environment which is free from excessive or harmful noise is achieved and maintained. The report shall be submitted to the P1 anning Director for review and approval. The approved attenuation features shall be incorporated into the plans and specifications of the proposed project.
FORM: NOISE 1: 1 of 2
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO
RECORDED IN OFFICIAL RECORDS OF SAN DI EGO COUNTY, CALIFORNIA 1 1
NOTICE
NOTICE CONCERNING PROXIMITY
OF THE PLANNED OR EXISTING TRANSPORTATION CORRIDOR(S)
This Notice Concerning Environmental Impacts is made by , hereinafter referred to as the "Owner" is developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California. RECITALS
A. The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants not to sue the City of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from said impacts.
B. The Owner is the developer and/or holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as:
C. The property is located adjacent to the Transportation Corridor (hereafter described as corridor) on which transportation vehicles such as automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel.
D. The property has been developed in compl iance with City and State Noise criteria which may include mitigation in the form of setbacks, earthen berms, masonry walls and/or structure upgrades.
E. Owner has no control over the operations of the corridor including the types of vehicles, trips and traffic, nor the frequency of the trips.
F. It is the desire of Owner to give notice to any potential purchaser of the real property of its proximity to the corridor and the fact that purchases may be subject to the impacts of said proposed transportation corridor.
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FORM: NOISE 1: 2 of 2
NOW, THEREFORE, in light of the above Recitals, owner does, for itself, and its successors and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with a Subdivision Tract/Parcel Map (CT/PM - ) approved by the City of Carl sbad, which approval includes the requirement of the City of Carlsbad, that the development of the property is consistent with the Land Use & Noise Element of the General Plan of the City of Carlsbad.
2. That Owner has no responsibility or control over the operation of the
corridor, including without limitation, the types or number of vehicles operating
on the corridor.
3. That the vehicle operations on the corridor may create significant impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to sight
and sound of vehicle operation.
4. The property shall be he1 d, conveyed, hypothecated, encumbered, 1 eased, rented, used, occupied and improved subject to this Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring
any right, title or interest in the property.
5. The purpose of this notice is to disclose to the fullest extent
possible present and future potential impacts of noise generated by all manner of vehicles including public and private vehicles which will generate noise and other environmental impacts. Purchaser acknowledges and accepts these existing and future impacts and forever waives any and all causes of action and covenants
not to sue the City of Carlsbad, its agents, servants or employees as to any
damages or injuries resulting from said impacts."
IN WITNESS WHEREOF, this Declaration of Notice of corridor traffic, sight and
sound i s made this day of 9
By :
By :
CORPORATION ACKNOWLEDGEMENT: or PARTNERSHIP ACKNOWLEDGEMENT: or INDIVIDUAL ACKNOWLEDGEMENT:
Notary Public in and for said County and State
WITNESS my hand and offici a1 seal
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RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO
FORM: NOISE 2: 1 of 3
RECORDED IN OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA 1 1 1 1 1 1 1 1 1 1 1
NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS
This Declaration and Notice Concerning Aircraft Environmental Impacts is made by , hereinafter referred to as the "Ownert', as developer of certain real property situated in the City of Carlsbad, County of San Diego, State of California.
RECITALS
A.
B.
C.
D.
E.
The Owner is the developer and holder of the title to certain real property in the City of Carlsbad, County of San Diego, California, more fully described as:
The property is located approximately miles from the McCellan-Palomar Airport, City of Carlsbad, San Diego County (the "Airport"), operated by the County of San Diego, through which are conducted certain aircraft operations on and about said Airport and over real property in the vicinity of the Airport.
Owner has no control over the operations of the Airport, including the types of aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights.
It is the desire of Owner to give notice to any potential purchaser of the real property of the air flight operation and the fact that purchasers may be subject to overflight, sight and sound of aircraft operating from the Airport
The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft including public and private aircraft which will generate noise and other environmental impacts.
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FORM: NOISE 2: 2 of 3
NOW, THEREFORE, in light of the above Recitals, as developer and owner of the property, does, for itself, and its successors and assigns, give the following notice:
1.
2.
3.
4.
5.
Owner has and shall develop the property in accordance with Subdivision Tract Parcel Map (CT/PM- ) approved by the City of Carlsbad, which approval includes the requirement of the City of Carlsbad, that the development of the property is consistent with the Land Use Element and Noise Element of the General P1 an of the City of Carl sbad.
That Owner has no responsi bil i ty or control over the operation of the Airport, including without limitation, the types or number of flight operations, types of aircraft (including jet aircraft), timing of flight operation, or frequency of flights.
That the flight operations to the Airport may create significant aircraft environmental impacts affecting the purchasers, tenants and occupants of the property and that purchasers, tenants and occupants of the property reside there subject to such overflight, sight and sound.
The property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to this Declaration and Notice. This Notice shall run with the property and shall be binding upon all parties having or acquiring any right, title or interest in the property.
The purpose of this notice is to disclose to the fullest extent possible present and future potential impacts of noise generated by all manner of aircraft including public and private aircraft which will generate noise and other environmental impacts.
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FORM: NOISE 2: 3 of 3
IN WITNESS WHEREOF, this Declaration of Notice of aircraft overflight, sight and sound is made this day of 9 19
STATE OF CALIFORNIA, COUNTY OF ) ss.
On , 19 , before me, a Notary Public in and for said-County and State, personally appeared and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as
behalf of , the corporation herein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors.
President and Secretary, on
WITNESS my hand and official seal.
Notary Public in and for said County and State
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FORM: NOISE 3: 1 of 3
AIRCRAFT NOISE IMPACT AREA
New residential development property included within tract(s) - and offered
for sale by this office is located approximately - mile(s) (north ,
south, east, west) of McCellan-Palomar Airport, City of Carlsbad.
The property is within 3 miles of McCellan-Palomar Airport as shown on
the August 1988 County of San Diego Noise Control P1 an for McCell an-Palomar
Airport (see page 3 of this notice). Residents of this area may frequently see,
hear, and have interference of certain activities by aircraft operating to and
or from McCell an- Pal omar Airport. McCell an-Pal omar Airport has the foll owing
normal hours of operation for aircraft:
Monday through Saturday:
Sunday:
A Notice Concerning Aircraft Environmental Impacts has been recorded for this
project.
The purpose of this notice is to disclose to the fullest extent possible present
and future potential impacts of noise generated by all manner of aircraft
including public and private aircraft which will generate noise and other
environmental impacts.
For more information, please see your sales office representative at
LBS: 1 h 1 ance. noi
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Form Noise 3 2 of 3
PD Admin DolicY
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CITY OF CARLSBAD
GENERAL PLAN
NOISE ELEMENT
UPDATED: 1989
TABLE OF CONTENTS
I.
11.
INTRODUCTION
A. BACKGROUND
B. STATE LAW
C. RELATIONSHIP TO OTHER ELEMENTS
GOALS, OBJECTIVES AND IMPLEMENTING POLICIES AND ACTION PROGRAMS
1. GENERAL
2. CIRCULATION
ROADS
AIRPORT
TRAIN
3. LAND USE
111. SOURCES OF NOISE
A. CIRCULATION
ROADS
AI RPORT
TRAIN
B. LAND USE
C. MOBILE
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IV. NOISE CONTOUR MAP IV- 10
I. INTRODUCTION
A. BACKGROUND
The goal of the Noise Element is to achieve and maintain an environment which is free from excessive or harmful noise.
The Noise Element
- Identifies and maps Noise Conto
or adjacent to the City of Car
- Establ ishes goals and object
- Provides policies and action
impacts.
policies.
B. AUTHORITY-STATE LAW
urs from sources of noise within 11 s bad.
ives to mitigate these noise
programs to implement these
Section 65302(f) of California's Planning and Zoning Laws requires a Noise Element which shall identify and appraise noise problems in the community. The Noise Element shall recognize the guidelines established by the Office of Noise Control in the state department of Health Services and shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
1. Highways and freeways.
2. Primary arterial and major local streets.
3. Passenger and freight on-line railroad operations and ground rapid transit systems.
4. Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
5. Local industrial plants, including, but not limited to, railroad classification yards.
6. Other ground stationary noise sources identified by local agencies as contributing to the community noise environment.
Noise contours shall be shown for all of these sources and stated in terms of cornunity noise equivalent level (CNEL) or day-night average level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclusive.
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The noise contours shall be used as a guide for establishing a pattern of 1 and uses in the Land Use Element that minimizes the exposure of community residents to excessive noise.
The Noise Element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted Noise Element shall serve as a guide1 ine for compliance with the state's Noise Insulation Standards.
C. RELATIONSHIP TO OTHER ELEMENTS OF THE GENERAL PLAN
The Noise Element is correlated with the Land Use, Circulation, Scenic Highways and Housing Elements of the General Plan. The Land Use Element is related to the Noise Element in that noise can have a significant impact on land use. The circulation Element and Scenic roadways Elements are related to the Noise Element in that the majority of the noise created in Carlsbad is created by trains, planes or automobiles. The Housing Element re1 ates to the Noise Element by promoting desirable residential environments which buffer existing and future residents from undesirable noise impacts. Consistent with State Law, it is the pol icy of the City that the Noise Element be consistent with all General Plan Elements.
GOALS, OBJECTIVES AND IMPLEMENTING POLICIES AND ACTION PROGRAMS
1. GENERAL
A. GOAL
Achieve and maintain an environment which is free from excessive or harmful noise through identification, control and abatement.
B. OBJECTIVE
To create an ongoing noise identification and control program consistent with this Noise Element.
C. IMPLEMENTING POLICIES AND ACTION PROGRAMS
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The City shall protect the hearing and we1 1 being of Carlsbad's residents by controlling and abating harmful or undesirable sounds through the planning and regulatory process.
The City shall adopt a noise ordinance to prohibit unwanted and unnecessary sounds of all types within the community.
The City shall develop a noise enforcement and regulation program and consider assigning an existing staff member
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or creating an administrative position within the City to be concerned with noise problems.
C.4 The City shall review existing ordinances which relate to noise control for compatibility with goals and policies of this Element.
C.5 The City shall enforce building codes to ensure adequate sound insulation between dwellings and to ensure adequate sound insulation of interior areas from loud external noise sources.
C.6 The City shall attempt to control noise primarily at its source. Where this is not feasible, controls along the transmission path of the noise shall be encouraged.
C.7 The City shall take into consideration the acceptability of noise level s in approving or granting a permit or entitlement for any pub1 ic or private project.
C.8 The City shall control noise generated through its own functions and activities.
C.9 The City shall review City operations to make sure that noise generated by construction, maintenance activities, and street sweeping has reduced to the lowest possible 1 evel .
C. 10 The City shall include maximum noise level requirements in specifications for equipment purchases, construction contracts, and refuse collection. Where specific noise levels cannot be set, specification should require that vendors state maximum noise levels expected to be produced by their equipment and/or operations.
CIRCULATION
ROADS
A. GOAL
Provide a roadway system that does not subject surrounding land uses to inappropriate noise levels.
B. OBJECTIVE
To design and manage all roadways to maintain acceptable noise 1 evel s.
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C. IMPLEMENTING POLICIES AND ACTION PROGRAMS
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The City shall take measures to reduce traffic noise on streets throughout Carlsbad.
The City shall consider noise impacts in the design of road system. Giving special consideration to those road corridors in scenic or noise sensitive areas.
The City shall review traffic flow systems and synchronize signalization, wherever possible to avoid traffic stops which produce excessive noise, and to adjust traffic flow to achieve noise levels acceptable to surrounding areas.
Develop noise standards for use in reviewing the construction or improvement of any roadway, railroad, transit system or noise producing facility.
AIRPORT
A. GOAL
Assure the continued long-term compatibility between the airport and surrounding land use.
B. OBJECTIVE
To adopt and enforce an airport noise disclosure and control program that provides noise compatibility.
C. IMPLEMENTING POLICIES AND ACTION PROGRAMS
C. 1 The City shall encourage the development of compatible land uses surrounding airport facilities.
C.2 The City shall utilize the noise standards contained in the Comprehensive Land Use P1 an for Palomar Airport.
TRAINS
A. GOAL
Assure railroad travel through Carlsbad is not disruptive.
B. OBJECTIVE
To develop, maintain and manage mitigation of railroad noise and vi brati on.
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C. IMPLEMENTING POLICY AND ACTION PROGRAM
C.l Develop noise standards for use in reviewing the construction or improvement of any railroad.
LAND USE
A. GOALS
A.l Develop and maintain industrial/commercial land uses which do not produce noise impacts.
A.2 Develop and maintain a 1 and use pattern that provides for noi se impact compat i bi 1 i ty .
A.3 Control mobile sources of noise to he1 p assure mobile noise sources do not substantially contribute to the noise environment.
B. OBJECTIVES
B.l To achieve noise compatibility between industrial/commercial and surrounding land uses and achieve an acceptable noise environment in industrial commerci a1 areas.
B. 2 To achieve noise impact compati bi 1 i ty between 1 and uses through the land use planning/development review process.
B.3 To actively control mobile noise violations.
C. IMPLEMENTING POLICIES AND ACTION PROGRAMS
C.l The City encourages the development of compatible land uses in areas which are subject to noise hazards.
C.2 The City shall develop specific noise standards for use in reviewing development in noise sensitive land use areas.
C.3 The City shall utilize a site plan review process for all residential or other noise sensitive construction in areas subject to ambient noise levels in excess of adopted standards. This site plan review should incorporate measures for mitigating noise impacts, such as setbacks, construction of barriers and sound insul at i on.
C.4 The City shall enforce the Motor Vehicle Code as it applies to excessive noise.
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C.5 Develop noise standards for use in reviewing the construction or improvement of any noise producing facility.
C.6 Until a permanent noise mitigation ordinance is adopted to be utilized in the review of residential development projects impacted by transportation corridors, an administrative policy shall be adopted. The policy shall require that a "Noise" Study be submitted with a1 1 discretionary applications for residential projects of five or more dwellings within:
1. 2,000 feet from the right-of-way of Interstate 5.
2. 1,000 feet from the right-of-way of Highway 78.
3. 500 feet from the railroad right-of-way.
4. 500 feet from the right-of-way of an existing or future Circulation Element Roadway as identified on the Carl sbad General P1 an.
5. Within the McClellan Palomar Airport influence area as depicted on the Comprehensive Land Use Plan for McCl el 1 an Pal omar Airport .
The pol icy establ i shes 60 dba CNEL as the exterior noise level that residential units must be mitigated to and requires di scl osure requi rements (easements, deed restrictions, recorded notice, etc.) for purchasers.
111. SOURCES OF NOISE
A. CIRCULATION
1. ROADS
Roadway traffic noise is the most extensive noise problem faced by Carlsbad. Barring any dramatic changes in automobile usage patterns, it is 1 ikely that the amount of traffic in Carlsbad will grow with the City's population. New development is occurring adjacent to major roadways throughout the City. Unless precautionarymeasures aretaken, serious noise problems could resul t .
Vehicular noise has three main component sources: engine noise, exhaust noise and tire noise. The intensity of noise emissions for any given automobile may also vary with other factors, such as speed, acceleration, braking, grade and conditions of the roadway surface. Thus a busy downtown arterial with stop and go traffic is often noisier than an open highway with comparable traffic volumes.
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3.
Noise contours have been prepared for the foll owing roadways: 1. Interstate 5 2. State Highway 78 3. El Camino Real 4. Palomar Airport Road
Of these four routes, 1-5 has the greatest existing and projected noise emissions. In addition, 1-5 impacts the greatest number of existing dwellings. There are a considerable number of existing single family and multi-family dwell ings which are impacted by freeway noise levels in excess of 65 dba). For these existing dwellings, noise attenuation is difficult. Construction of solid barriers along the freeway is possible, but cost may be prohibitive. The City can, however, educate property owners as to the methods of insulating residential units from freeway noise through the use of barriers and insulation materials.
For Highway 78, Palomar Airport Road and El Camino Real , existing noise problems are not so severe. Virtually no dwellings in Carlsbad front on either Highway 78 or Palomar Airport Road.
It is important that new development fronting on major roadways be compatible with the recommendations of this Element. The action plan section of this Element contains the measures intended to avert future problems caused by traffic noise.
AIRPORT
Palomar Airport is presently operating as a general aviation facil i ty at El Camino Real and Palomar Airport Road. The airport’s current annual operation of approximately 200,000 aircraft is expected to increase at the airport’s ultimate buildout condition. In general, land in the immediate vicinity of the airport or under the take off or landing approach is subject to noise levels which are unsuitable for residential development , schools, hospitals and other similar noise sensitive uses. Projected noise contours around the airport are provided in the Comprehensive Land Use Plan (CLUP) for Palomar Airport. In 1989 the FAA will begin a detailed noise study for Palomar Airport. However, a1 1 new development in the vicinity of the Airport should be reviewed to ensure compliance to the noise standards contained in this element and the Comprehensive Land Use P1 an for Palomar Airport.
TRAIN
The AT&SF Railroad runs para1 le1 to the coast1 ine through its 6 1/2 mile length in Carlsbad. The railroad right-of-way is 100 feet wide throughout most of the area south of Tamarack Avenue and expands to 200 feet in width as it travels north
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of Tamarack through the downtown beach area and central business district.
AMTRACK operates nine daily passenger trains from San Diego to Los Angeles. Additionally, a number of freight trains pass through Carlsbad daily, some after 5 P.M. These nighttime freight trains are of particular concern because they run during the evening hours. By the end of 1992, it is projected that a commuter trail will run at least four daily trips from Oceanside to San Diego with two stops in Carlsbad.
There are several sources of railroad noise. The majority of the noise emanates from the locomotive (and its component systems, such as exhaust devices and cooling fans) and from the interaction between the rail and train wheels. The rhythmic clacking noise emitted by trains result from friction of the wheel at rail joints. Roughness on either the rail or wheel can also contribute to increased noise emissions.
Safety devices such as warning whistles and wig-wags with bells used at grade crossings can contribute significantly to railroad noise. The State of California Public Utilities Commission requires these warning signals as trains approach grade crossings to warn motorists and pedestrians. The "bulges" in the noise contour for the railroad indicate points at which warning whistles are sounded.
For existing units, noise reduction is a problem. It is often difficult and expensive to install sound insulation materials on existing structures. Also, the state Uniform Building Code standards for sound insulation apply only to new structures. Construction of noise barriers along the railroad right-of- way could attenuate ambient noise levels significantly. However, the railroad right-of-way is owned by the AT&SF Railroad, whose consent would be necessary before any barrier could be constructed. Also cost and aesthetic impact may be prohibitive factors in the construction of a noise barrier.
The Land Use Element of the General Plan designates a substantial amount of land bordering along the railroad right- of-way for residential use. New residential development and nonresidential development will occur adjacent to the railroad.
The City does have the abil ity to regulate site design and requires sound insulation for new development in the vicinity of the railroad. A combined program of noise effective design and sound insulation can help control future noise problems near the railroad.
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Project design should stress the orientation of units away from the railroad, limiting window openings onto the right-of-way, and construction of noise barriers such as sol id wall s or earthen beams.
B. LAND USE
Land Use can generate noise and noise impacts. The Carlsbad Municipal Code, and in particular, Chapter 21.34, addresses the most significant Land Use Generated Noise.
C. MOBILE
C.l OFF ROAD MOTORCYCLE NOISE
Motorcycle noise has been a problem in Carl sbad. In particular, complaints have been registered against recreational use of dirt bikes or two-cycle engine motorcycles.
In 1975 the California Motor Vehicle Code sets limits on motorcycle noise at 32 dB(A) for speeds under 35 MPH and 86 dB(A) at speeds over 35 MPH, measured at a distance of 50 feet. One drawback of these regulations was that although testing and instrumentation procedures were established, no provision was made for enforcement or penal ties. Only “private cause of action” against the vehicle manufacturer is allowed.
Local jurisdictions have the authority to control loud or faulty mufflers, horn blowing, off-road vehicles and vehicle speed. Although noise limits may be set for off-road vehicles, they are rarely necessary since statutes against trespassing nearly a1 ways apply.
Control of recreational motorcycle riding is difficult because of the mobility of the offenders and requirements for police enforcement. The Carl sbad Pol ice Department currently has off road patrols with four wheel drive vehicles and motorcycles. Most trail bikes are not outfitted with the necessary lights, fenders, mufflers, spark arrestors or baffles required by law. Consequently they are not 1 icensed and cannot be legally operated on public streets. Stepping up police enforcement against these unlicensed vehicles would 1 i kely reduce motorcycle noise on public streets.
C.2 In the past, motorboat noise has been the most frequent noise complaint registered with the Carl sbad Pol ice Department. Although the problem does not affect very many of Carlsbad’s residents, it has been a considerable annoyance to persons 1 iving along the north shore of the inner Agua Hedionda Lagoon. The City has adopted a maximum speed limit for boats on the lagoon and has purchased a boat for enforcement. The reduction in speed does reduce noise somewhat. If further control
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appears warranted, the City should set curfews on the use of the lagoon or limit the types of boats which could use the 1 agoon.
IV. NOISE CONTOUR MAP
The noise contour map which is included as part of this Element shows 1975 noise contours for the following transportation systems:
(1) Interstate 5 (2) Highway 78 (3) El Camino Real (4) Pal omar Airport Road (5) Atcheson, Topeka and Santa Fe Railroad (6) Pal omar Airport
It is recommended that the noise contours contained in this Element be reviewed and revised, if necessary, every five years. Substantial changes in traffic patterns or the avail abil i ty of new noise contour data may require more immediate revision.
The City may compute noise contours for additional roadways by formula prepared by Wyl e Laboratories: Development of Ground Transportation Systems Noise Contour for the San Diego Region, CPO, December, 1973; utilizing existing data on traffic volume and speed, roadway grade, surface condition, and percentage truck traffic.
Noi se 1 eve1 for Pal omar Airport are expressed in terms of California Noise Equivalent Level (CNEL), measured at 5 dB(A) increments and continued down to 60 dB(A). All other transportation modes shown on the contour map are expressed as 65 dB(A) Day-Night Average Level (Ldn). Both are based upon A-weighted noise measurements, and are further corrected for single event durations and frequency of occurrence throughout the 24 hour day. The CNEL measurement weights noise occurrences in the evening and nighttime greater than those in the daytime. The Ldn measurement provides similar weighting, but groups daytime and evening noise occurrences together. Normally the Ldn and CNEL measurement will agree within decibel and for a1 1 practical purposes be considered synonymous.
The airport’s projected noise contours identified in the 1986 Comprehensive Land Use Plan for McCellan-Palomar Airport are included in this element.
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41RPORT INFLUENCE AREA
WOJECTED NOISE CONTOURS,
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MCCLELLAN-PALOMAR AIRPORT
RECOPMENDATIONS . FOR REVISED NOISE ELEMENT
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Ask that a Noise Element consultant and City staff address the issue of
development of a comprehensive Noise Ordinance concurrent with the
development and adoption of a revised Noise Element.
Ask that a Noise Element consultant and City staff address development of
a comprehensive definition of "noise".
Development of a clearly understandable and uniform method to measure noise and noise impacts.
Development of a certificate process for noise consultants working in the
City of Carlsbad.
Evaluation of the appropriateness and feasi bil i ty of Planning Department Administrative Policy No. 17, which deals with noise. This evaluation should clearly indicate whether the policy is adequately identifying and mitigating noise impacts. Evaluate the pro's and con's.
Review the conclusions and requirements of the FAA, Part 150 study being
conducted for Pal omar Airport.
Attempt to develop a land use/noise compatibility matrix consistent with
Pal omar Airport Comprehensive Land Use P1 an.
Provide both a clearly understandable noise contour map and noise impact table indicating distances of noise impact from existing and ultimate potential noise sources.
Provide a Revised Noise Element which clearly communicates the City's noise environment, policies and standards.
Explore the creation of new public works standards for circulation element roadways based on noise impacts generated by such roadways. New public work standards could explore expanded right-of-way and require a incorporation of noise mitigation for such roadways.
Explore the possibility of creating funding mechanisms, such as assessment districts when requested by existing neighborhoods that can be utilized by existing noise impacted neighborhoods to pay for noise mitigation.
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