Title
Consider introducing, waiving reading, and setting February 6, 2024, at 10:30 a.m. as the date and time to consider adoption of an ordinance amending Chapter 10.60 of the Monterey County Code to modify regulations for the control of noise and enforcement mechanisms of the Chapter.
Proposed California Environmental Quality Act (CEQA) Action: consider finding that adoption of this ordinance is categorically exempt from review pursuant to CEQA Guidelines Section 15308 because the ordinance is an action taken by the County to assure the enhancement and protection of the environment and involves procedures for protection of the environment.
Report
RECOMMENDATION:
Staff recommends that the Board of Supervisors:
a. Find that an ordinance amending Chapter 10.60 of the Monterey County Code to modify regulations for the control of noise is categorically exempt from review pursuant to CEQA Guidelines Section 15308 because the ordinance is an action taken by the County to assure the enhancement and protection of the environment and involves procedures for protection of the environment; and
b. Introduce, waive reading, and setting February 6, 2024, at 10:30 a.m. as the date and time to consider adoption of an ordinance amending Chapter 10.60 of the Monterey County Code to modify regulations for the control of noise and enforcement mechanisms of the Chapter.
SUMMARY:
The draft ordinance updates the existing County noise regulations, attached as Attachment A and Attachment B. Existing regulations prohibit the making of noise in excess of 85 decibels when measured 50 feet from the source at any time of the day or night. Existing regulations also require that the Enforcement Officer issue a warning upon first contact and authorizes the Enforcement Officer to issue an administrative citation within a 24-hour period following the warning. This draft ordinance amends the regulations to reduce the maximum decibel levels from 85 to 70, and to specify that the noise may be measured at 50 feet or more from the source. Additionally, this draft ordinance amends the warning provisions to allow the Enforcement Officer to issue an administrative citation within a 72-hour period following the warning and to issue an administrative citation if the person responsible for the noise has already received two or more warnings in a 90-day period.
DISCUSSION:
This draft ordinance follows a number of Board discussions regarding the effectiveness, or lack thereof, of noise control regulations and enforcement in the County. After some discussion, on June 21, 2022, the Board of Supervisors adopted Ordinance Number 5379 amending Chapter 10.60 of the Monterey County Code to modify regulations for the control of nighttime noise and enforcement mechanisms. Chapter 10.60, as it was modified by that ordinance, is attached as Attachment C to this report for reference. In adopting Ordinance No. 5379, the Board of Supervisors requested that the Housing & Community Development Department (HCD) return to the Board with a report on implementation efforts. On August 29, 2023, HCD returned to the Board with a report on the implementation. It was reported at that time that warnings issued by Code Compliance staff were usually effective, but some repeat offenders continued to evade or ignore fines. The follow up report was also informed by a Civil Grand Jury report in 2023 entitled “Noise Ordinance: Sleepless in Monterey County.”
After reviewing the Civil Grand Jury report and the follow-up report provided by HCD, the Board provided direction to staff at the conclusion of the August 29, 2023 meeting to:
1. Reduce the noise threshold from 85 decibels to 70 decibels;
2. Extend the time that a warning issued by Code Compliance applies beyond 24 hours; and
3. Consider the way in which noise travels and how it is perceived from properties impacted.
The draft ordinance reduces the decibel levels from 85 to 70, extends the warning period from 24 hours to 72 hours with the ability to issue an administrative citation if more two or more warnings have been provided in a 90 day period, and allows for the measurement of noise at a point 50 feet from the perceived property line or beyond.
CEQA:
This ordinance is exempt under the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15308 because the ordinance is an action taken by the County to assure the enhancement and protection of the environment and involves procedures for protection of the environment.
OTHER AGENCY INVOLVEMENT:
The following Departments or Agencies have been involved:
- County Counsel’s Office
- Sheriff’s Office
FINANCING:
Funding for staff time to prepare this report is included in the FY2023-24 Adopted Budget for each of the involved Departments/Agencies. Enforcement of noise regulations will continue to require staff resources including HCD Code Compliance and Sheriff’s deputies. This ordinance could result in an increase in the collection of fines.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
These temporary emergency regulations promote public safety and protect the agricultural economy.
Check the related Board of Supervisors Strategic Initiatives:
Economic Development
X Administration
Health & Human Services
- Infrastructure
X Public Safety
Prepared by: Craig W. Spencer, Acting Director, Housing & Community Development
With input from: Josh Bowling, Chief of Building; Wendy Nichols, Code Enforcement Officer; and the Sheriff’s Office
The following attachments are on file with the Clerk of the Board:
Attachment A - Draft ordinance amending Chapter 10.60 (clean copy)
Attachment B - Draft ordinance amending Chapter 10.60 (redline copy)
Attachment C - Existing regulations in Chapter 10.60
cc: Front Counter Copy; County Counsel; Sherriff’s Office, CAO’s office; Craig Spencer; interested parties