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5A Public Hearing 2019 0204
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5A Public Hearing 2019 0204
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1/30/2019 3:43:39 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
2/4/2019
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3.0 ENVIRONMENTAL CHECKLIST <br />City of San Leandro 1388 Bancroft Avenue Project <br />November 2018 Initial Study/Mitigated Negative Declaration <br />3.0-57 <br />uses such as churches and museums. Industrial and commercial land uses are generally not considered sensitive to noise. The closest existing sensitive receptors to the project site are two single-family residences adjacent to the project site boundary to the east, and Bancroft Middle <br />School 70 feet to the north, across Estudillo Avenue. <br />REGULATORY FRAMEWORK <br />STATE <br />California Building Standards Code <br />The 2016 California Building Standards Code (California Code of Regulations, Title 24), Part 2, Chapter 12, Section 1207, Sound Transmission, requires that the indoor noise level in residential units of multi-family dwellings not exceed a CNEL or day-night average noise level (Ldn) of 45 dBA <br />attributable to exterior noise sources. <br />LOCAL <br />City of San Leandro Municipal Code and Zoning Code <br />The City’s Municipal Code and Zoning Code include the following regulations regarding noise <br />produced on a residential property and construction noise: <br />4-1-1110 General Prohibition <br />It is unlawful for any person, as defined in Section 1-14-100(h) of this Code, to make, continue, <br />or cause to be made or continued any disturbing, excessive or offensive noise which causes <br />discomfort or annoyance to reasonable persons of normal sensitivity. The factors which should be considered in determining whether a violation of this section exists include the following: <br />1. The sound level of the objectionable noise. <br />2. The sound level of the ambient noise. <br />3. The proximity of the noise to residential property. <br />4. The zoning of the area. <br />5. The population density of the area. <br />6. The time of day or night. <br />7. The duration of the noise. <br />8. Whether the noise is recurrent, intermittent, or constant. <br />9. Whether the noise is produced by an industrial, commercial, or noncommercial activity. <br />10. Whether the nature of the noise is usual or unusual.
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