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HomeMy WebLinkAboutItem 6.2 Amendments to City’s Noise Ordinance (PLPA-004348-2026) Agenda Item 6.2 STAFF REPORT CITY COUNCIL Page 1 of 3 DATE: May 19, 2026 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Amendments to the City’s Noise Ordinance (PLPA-004348-2026) Prepared by: Jennifer Byous, Planning Manager EXECUTIVE SUMMARY: The City Council will consider City-initiated amendments to Dublin Municipal Code Chapter 5.28 (Noise). The proposed amendments update the noise ordinance to establish time-based restrictions on landscape equipment and amplified sound in residential areas while retaining the general nuisance standard for enforcement. The City Council will also consider an exemption from the requirements of the California Environmental Quality Act. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading and introduce an Ordinance Approving Amendments to Dublin Municipal Code Chapter 5.28 (Noise). FINANCIAL IMPACT: None. DESCRIPTION: Background Noise is regulated by Dublin Municipal Code Chapter 5.28 (Noise), which recognizes that excessive or disruptive noise can adversely affect the quality of life and well-being of residents. The Ordinance is intended to protect public health, safety, comfort, and welfare by limiting noise that is loud, unnecessary, unnatural, unusual, or habitual. The current regulations rely on a nuisance-based framework that evaluates noise subjectively based on factors such as intensity, duration, location, time of day, and its impact on a reasonable person. On December 2, 2025 City Council held a public hearing to consider amendments allowing outdoor live entertainment in Downtown Dublin. During that discussion , the City Council 443 Page 2 of 3 expressed concern regarding the subjectivity of the City’s existing noise regulations and perceived challenges this creates for consistent enforcement. The City Council directed Staff to return with an evaluation of the City’s noise regu lations and identify options to reduce subjectivity without establishing strict decibel limits. On February 3, 2026 City Council reviewed potential amendments presented by Staff, including proposed time-based restrictions for residential areas related to landscape equipment and amplified noise/parties. By consensus, the City Council directed Staff to prepare ordinance amendments incorporating these concepts, with modifications to allow landscape equipment use on weekends between 8:00 a.m. and 8:00 p.m., an d to remove references to “parties” from the amplified noise provisions. Analysis The proposed amendments to the Noise Ordinance establish objective, time-based restrictions for specific noise-generating activities in residential zoning districts. The Ordinance would prohibit the use of landscape equipment (e.g., lawn mowers, leaf blowers, edgers) Monday through Friday between 8:00 p.m. and 7:00 a.m., and Saturday through Sunday between 8:00 p.m. and 8:00 a.m. In addition, amplified noise (e.g., amplifiers, stereos, speakers, musical instruments, or similar sound-producing devices) would be prohibited, Sunday through Thursday between 8:00 p.m. and 10:00 a.m., and Friday through Saturday between 10:00 p.m. and 10:00 a.m. The amendments keep the nuisance framework and add clear time-based limits on landscape equipment and amplified sound in residential areas as directed by the City Council. The proposed amendments also maintain the flexibility of the Noise Ordinance by preserving the broader nuisance standard to address noise impacts outside of the specified activities or timeframes. Focusing these regulations on residential areas aligns with common practices in comparable jurisdictions, resulting in a balanced approach. A draft ordinance adopting these amendments to the Noise Ordinance is included as Attachment 1. A redline version of the proposed amendments to the Noise Ordinance, where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted, is included as Attachment 2. ENVIRONMENTAL DETERMINATION: The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment and are not subjec t to CEQA review. 444 Page 3 of 3 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. Additionally, the City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Approving Amendments to Dublin Municipal Code Chapter 5.28 (Noise) 2) Redlined Amendments to Chapter 5.28 (Noise) 445 Attachment 1 Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 1 of 3 ORDINANCE NO. XX – 26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 5.28 (NOISE) (PLPA-004348-2026) WHEREAS, the City periodically initiates amendments to the Dublin Municipal Code to clarify, add, or amend certain provisions that are relevant to changes occurring in the community; and WHEREAS, the City initiated amendments to Dublin Municipal Code Chapter 5.28 to strengthen the noise regulations in residential areas related to landscape equipment and amplified noise ; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony set forth above and used its independent judgement to evaluate the amendment; and WHEREAS, the California Environmental Quality Act (“CEQA”), together with the State Guidelines and City of Dublin CEQA Guidelines and Procedu res require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The City Council finds that the Project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the Project would not result in any physical changes and it can be seen with certainty that there is no possibility that the Project would have a significant effect on the environment and is not subject to CEQA review. NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows: Section 1. Amendment to Chapter 5.28. Dublin Municipal Code Chapter 5.28 is replaced in its entirety as follows: Chapter 5.28 NOISE 5.28.010 Findings. The City Council finds that the making, creation or maintenance of loud, unnecessary, unnatural, unusual or habitual noises which are prolonged, unusual, and unnatural in their time, place and use affect and are a detriment to the public health, comfort, safety, welfare, and prosperity o f the residents of the city. The provisions of this chapter are enacted for the purpose of securing and promoting the public health, comfort, safety, welfare, and prosperity and the peace and quiet of the city and its inhabitants. 5.28.020 General prohibition. A. It is unlawful and a nuisance for any person within the city persistently to maintain, emit, cause, mechanically or otherwise, or permit any animal owned by him or in his possession or control to make any loud, or disturbing, or unnecessary, or unusual or habitual noise or any noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area. B. The standards which shall be considered in determining whether a violation of the provisions of this chapter exists shall include, but shall not be limited to the following: 1. The level, intensity, character and duration of the noise; 446 Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 2 of 3 2. The level, intensity and character of background noise, if any; 3. The time when and the place and zoning district where the noise occurred; 4. The proximity of the noise to residential sleeping facilities; and 5. Whether the noise is recurrent, intermittent or constant. 5.28.030 Prohibited Acts. A. Notwithstanding any other provisions of this chapter, the following acts are declared to be disturbing, excessive and offensive noises in violation of this Chapter when the act generating the noise is located in a residential zoning districts: Activity Prohibited in a residential zoning districts1 as follows: Examples Landscape Equipment Monday – Friday from 8 p.m. to 7 a.m. Saturday – Sunday from 8 p.m. to 8 a.m. Lawn mowers, leaf blowers, edgers, or similar landscape equipment Amplified Noise Sunday - Thursday from 8 p.m. to 10 a.m. Friday – Saturday from 10 p.m. to 10 a.m. Amplifiers, stereos, speakers, musical instruments, or any other sound-producing device 1 This includes the R-1, R-2, R-M and similar, as determined by the Community Development Director, Planned Development districts. B. At any other time of day, such equipment or noise production shall be consistent with Section 5.28.20. 5.28.040 Violation—Penalty. Each violation of this chapter shall constitute a separate offense, and persons violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500) or by imprisonment in the county jail for a period not exceeding thirty (30) days, or both such fine and imprisonment. Section 2. Effective Date. This Ordinance shall take effect and be enforced 30 days following its final adoption. Section 3. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. {Signatures on following page} 447 Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 3 of 3 PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this ___ day of ____________, 2026 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 448 Attachment 2 Chapter 5.28 NOISE 5.28.010 Findings. The City Council finds that the making, creation or maintenance of loud, unnecessary, unnatural, unusual or habitual noises which are prolonged, unusual, and unnatural in their time, place and use affect and are a detriment to the public health, comfort, safety, welfare, and prosperity of the residents of the city. The provisions of this chapter are enacted for the purpose of securing and promoting the public health, comfort, safety, welfare, and prosperity and the peace and quiet of the city and its inhabitants. 5.28.020 Unreasonable noise prohibited General prohibition. A. It is unlawful and a nuisance for any person within the city persistently to maintain, emit, cause, mechanically or otherwise, or permit any animal owned by him or in his possession or control to make any loud, or disturbing, or unnecessary, or unusual or habitual noise or any noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area. B. The standards which shall be considered in determining whether a violation of the provisions of this chapter exists shall include, but shall not be limited to the following: 1. The level, intensity, character and duration of the noise; 2. The level, intensity and character of background noise, if any; 3. The time when and the place and zoning district where the noise occurred; 4. The proximity of the noise to residential sleeping facilities; and 5. Whether the noise is recurrent, intermittent or constant. 5.28.030 Prohibited Acts. A. Notwithstanding any other provisions of this chapter, the following acts are declared to be disturbing, excessive and offensive noises in violation of this Chapter when the act generating the noise is located in a residential zoning district : Activity Prohibited in a residential zoning districts1 as follows: Examples Landscape Equipment Monday – Friday from 8 p.m. to 7 a.m. Saturday – Sunday from 8 p.m. to 8 a.m. Lawn mowers, leaf blowers, edgers, or similar landscape equipment Amplified Noise Sunday - Thursday from 8 p.m. to 10 a.m. Friday – Saturday from 10 p.m. to 10 a.m. Amplifiers, stereos, speakers, musical instruments, or any other sound-producing device 1 This includes the R-1, R-2, R-M and similar, as determined by the Community Development Director, Planned Development districts. B. At any other time of day, such equipment or noise production shall be consistent with Section 5.28.20. 449 5.28.030 040 Violation—Penalty. Each violation of this chapter shall constitute a separate offense, and persons violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500) or by imprisonment in the county jail for a period not exceeding thirty (30) days, or both such fine and imprisonment. 450 Amendments to City’s Noise Ordinance City Council May 19, 2026 451 Background •Current Framework Dublin Municipal Code Chapter 5.28 •Prohibits noise that is loud, unnecessary, unnatural, unusual, or habitual •Nuisance-based approach (subjective): intensity, duration, location, time, and “reasonable person” standard •City Council Direction (December 2, 2025) •City Council approved outdoor live entertainment •Concerns about the subjectivity of current noise regulations •Return with report on noise regulations and method to reduce subjectivity without fixed decibel limits •Policy Direction (February 3, 2026) •Support for time-based standards in residential areas •Landscape equipment and amplified noise provisions 452 Proposed Amendments •Dublin Municipal Code (DMC)Chapter 5.28 (Noise) ─DMC Section 5.28.020 would be retitled as General Prohibition ─DMC Section 5.28.030 (Prohibited Acts) would be added to address Landscape Equipment and Amplified Noise activity ─DMC Section 5.28.30 would be renumbered Activity Prohibited in a residential zoning districts1 as follows: Examples Landscape Equipment Monday –Friday from 8 p.m. to 7 a.m. Saturday –Sunday from 8 p.m. to 8 a.m. Lawn mowers, leaf blowers, edgers, or similar landscape equipment Amplified Noise Sunday -Thursday from 8 p.m. to 10 a.m. Friday –Saturday from 10 p.m. to 10 a.m. Amplifiers, stereos, speakers, musical instruments, or any other sound-producing device 1 This includes the R-1, R-2, R-M and similar, as determined by the Community Development Director, Planned Development districts. 453 Recommendation •Conduct the public hearing, deliberate, waive the reading and introduce an Ordinance Approving Amendments to Dublin Municipal Code Chapter 5.28 (Noise). 454