LCF City Council supports proposed expansion of noise regulations
With decibel levels debated for more than a year, the La Cañada Flintridge City Council showed its support Tuesday for a proposed expansion of noise regulations to the municipal code.
The 4-0 roll call vote (Councilman Len Pieroni was absent), came as some residents and even council members expressed mixed feelings that it went too far, didn’t go far enough, or was difficult to enforce.
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“You can’t make everyone happy,” said Councilwoman Terry Walker. “But I think the staff has provided a base for us to move forward, which we didn’t have before.”
There are four types of the noise the city currently regulates: construction, hawking or street advertising, animals and landscape maintenance activity. According to Deputy Director of Community Development Susan Koleda, some regulations were carried over from Los Angeles County governance.
La Cañada’s noise ordinance talks initiated, in part, from a neighborhood dispute on Belair Drive. One neighbor, Helga Ohannesian, said she had a problem with her adjacent neighbor performing carpentry daily as a hobby. She approached the City Council about updating the current laws on engaging in loud activities. According to Ohannesian, her neighbor claims to do woodwork for his own hobby and not for financial gain. The project was donating a pew for the church he attends. The complaint was that the noise disturbed her family, despite the fact the work occurred during allowed daytime hours.
The ordinance updating process began during an October 2014 council study session to develop a comprehensive noise ordinance, to expand limiting the days and hours of construction and landscape maintenance, use of a certified sound meter, informal methods and reviewing sound level requirements. Ultimately, the City Council did not want to limit the current number of landscape maintenance days and time and wanted an enforceable and prosecutable ordinance.
The Planning Commission reviewed the draft noise ordinance in July and October 2015, and determined the noise level limits were unrealistic and unenforceable. A consultant, Jeremy Louden of LDN Consulting was hired to provide expert input. Louden has monitored noise and equipment across the state, and has consulted various municipalities on noise regulation. He attended the Planning Commission meeting on Feb. 23 to provide feedback on the draft ordinance, which was sent on to the City Council on March 22.
There are two ways to trigger a violation, according to City Atty. Mark Steres. It is either technical — by exceeding measurable noise levels — or by general prohibition, such as an unusual noise that disturbs the peace by its volume, level and intensity in the proximity of homes, background noise levels and the time of day or night in which the potential noise occurs.
Mayor Pro Tem Michael Davitt says the city is starting from ground zero.
“We don’t have anything now and I think the concern has been shown that we should have something,” he said, acknowledging the revised ordinance might not currently address every possible noise-related issue. “Let’s have the staff come back in six months or so and say how it’s working, talk about changes and what to look at. I do think it’s a responsible ordinance and document.”
The director of community development will be responsible for overall enforcement of the noise ordinance; the sheriff’s department enforces noise from vehicles. Koleda said for a “fixed source” violation, a written or verbal warning will be given for the first offense. If the disturbance continues within 90 days of the first warning, the person causing the noise disturbance would be in violation of the law and could be charged with either a misdemeanor or infraction.
Prior to the City Council’s vote during Tuesday’s public hearing, Ohannesian said the revised ordinance does not go far enough to give her the relief she’s been seeking. She cited different power tools that her neighbor continues to use, specifically a table saw, which can reach 105 decibels during five to 10 second intervals.
“If this is passed the way it’s written now, my goose is cooked,” she said Tuesday. “My neighbor can do whatever he wants, even on Christmas Day — that’s not good enough.”
Resident Julie Thurston, who teaches Pilates at her home, said all the gas and electrical-powered leaf blowers that her neighbors deploy regularly on their properties throughout each week affect her business. She questioned why she applied for a home business license if she can’t really utilize it.
“I can’t offer my garden and tranquillity to my clients,” she said. “And they pay a fair amount for my expertise.”
The new noise ordinance will be brought back to the council for a second reading in June. Once adopted, it will take 30 days for the new regulations to go into effect.
Matt Sanderson is a contributing writer.
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