TABLE OF CONTENTS Chapter 12 Noise

TABLE OF CONTENTS Chapter 12 Noise 12.1 Introduction... 12-3 12.1.1 Purpose and Content... 12-3 12.1.2 Legal Requirements... 12-3 12.1.3 Definitions... 12-3 12.2 Existing Conditions... 12-5 12.2.1 Standards... 12-5 Federal Standards... 12-5 State Standards... 12-6 Local Standards... 12-7 12.2.2 Noise Sources... 12-9 Mobile... 12-9 Stationary... 12-11 12.2.3 Noise Receptors... 12-11 12.3 Emerging Directions... 12-12 12.3.1 Growth Projections... 12-12 REFERENCES... 12-13 List of Maps Map 12.1- Noise Contours... 12-10 12-1

List of Tables Table 12.1- Noise Definitions... 12-4 Table 12.2- Intensity and Decibel Scale, 2011... 12-4 Table 12.3- Noise Standards for Locomotives Manufactured on or before 12/31/1979... 12-5 Table 12.4- Noise Standards for Locomotives Manufactured after 12/31/1979... 12-5 Table 12.5- Ground-Borne Vibration (GBV) Impact Criteria for General Assessment... 12-6 Acceptable Noise Exposure Levels by Land Use, 2003... 12-8 12-2

12 Noise Element 12.1 Introduction 12.1.1 Purpose and Content The Noise Element of a General Plan identifies the noise environment, detailing sources and receptors of noise, and defining areas of noise impact. It serves as a comprehensive program to include noise management in the planning process, subsequently informing policies, programs, and goals to ensure that Newark residents are protected from excessive noise intrusion. The Noise Element strongly relates and is consistent with programs adopted in the Land Use, Circulation, and Housing Elements. Furthermore, the Noise Element serves as a tool to use in achieving and maintaining land uses that are compatible with environmental noise levels, such as transportation related noise. 12.1.2 Legal Requirements In accordance with the Governor s Office of Planning and Research (OPR) Guidelines, the Noise Element analyzes and quantifies the noise levels and noise exposure, and provides a graphical representation of these through noise contour maps, for both the short-term and long-term noise environment. The State Government Code Section 65302(f) requires that the Noise Element identify, analyze, and provide mitigating measures for both mobile (i.e. transportation) and stationary (i.e. land use) noise sources. The State Government Code Section 65302(f) requires the preparation and adoption of a Noise Element that identifies and appraises noise. Instrumental in mapping the noise environment are the following noise sources: 1. Highways and freeways 2. Primary arterials and major local streets 3. Passenger and freight on-line railroad operations and ground 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. 12.1.3 Definitions Noise is defined as unwanted sound. Different people have different tolerances for sounds depending on the intensity of the noise, which is measured in decibels (db), duration, time of occurrence, and frequency. The effects can range from annoyances to severe health problems. While normal environmental noise, such as freeways, do not reach the level of hearing loss, nor does it necessarily consciously affect people, it can still have negative impacts. Environmental and structural additions, such as trees and vegetation, berms, walls, and other buildings, can help diminish noise and diminish impacts on sensitive receptors. Table 12.1 lists terms and definitions used in this Noise Element, while Table 12.2 provides levels of sound for everyday noise sources, thereby providing a basis for understanding decibel levels. 12-3

Table 12.1- Noise Definitions Term Decibel, db Definition A unit of measurement describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). A-weighted level CNEL Ldn The sound level in decibels as measured on a sound level meter using the A-weighting filter network. The A-weighting filter deemphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives good correlation with subjective reactions to noise (denoted dba). Community Noise Equivalent Level. The average equivalent A- weighted sound level during a 24-hour day, obtained after addition of five decibels to sound levels in the evening from 7 p.m. to 10 p.m. and after addition of 10 decibels to sound levels in the night from 10 p.m. to 7 a.m. Day-Night Average Level. The average equivalent A-weighted sound level during a 24-hour day, obtained after the addition of 10 decibels to sound levels in the night after 10 p.m. and before 7 a.m. (Note: CNEL and Ldn represent daily levels of noise exposure averaged on an annual or daily basis, while Leq represents the equivalent energy noise exposure for a shorter time period, typically one hour.) Noise Contours Lines drawn about a noise source indicating equal levels of noise exposure. CNEL and Ldn are the metrics utilized herein to describe annoyance due to noise and to establish land use planning criteria for noise. Source: Governor s Office of Planning and Research. (2003). General plan guidelines. Table 12.2- Intensity and Decibel Scale, 2011 Source Instant Perforation of Eardrum Military Jet Takeoff Threshold of Pain Front Rows of Rock Concert Walkman at Maximum Level Vacuum Cleaner Busy Street Traffic Normal Conversation Whisper Rustling Leaves Threshold of Hearing Source: California Department of Transportation. (2011). Typical noise levels. Intensity Level (dba) 160 db 140 db 130 db 110 db 100 db 80 db 70 db 60 db 20 db 10 db 0 db 12-4

12.2 Existing Conditions 12.2.1 Standards There are several federal, state, and local standards in place that control the noise environment in the City of Newark. Federal Standards Railroad Noise Emissions Compliance Regulation The Code of Federal Regulations Title 49, Volume 4 Part 200, or the Railroad Noise Emissions Compliance Regulation was revised as of October 1, 2000. This standard requires minimum compliance regulations by the Environmental Protection Agency. The Railroad Noise Emissions Compliance Regulations provide standards for stationary and moving trains, in both idle and throttle positions. Newark enforces ground transportation noise emission standards through its police department. Table 12.3 and 12.4 provide the federal noise standards for noise sources from locomotives. Table 12.3- Noise Standards for Locomotives Manufactured on or before 12/31/1979 Noise source Noise standard (dba) Stationary, Idle Throttle Setting. 73 Stationary, All Other Throttle Settings. 93 Moving 96 Source: Federal Railroad Administration. (2000). Railroad noise emissions compliance regulation. Table 12.4- Noise Standards for Locomotives Manufactured after 12/31/1979 Noise source Noise Standard (dba) Stationary, Idle Throttle Setting. 70 Stationary, All Other Throttle Settings. 87 Moving 90 Moving at Speeds of 45 mph or Less. 88 Source: Federal Railroad Administration. (2000). Railroad noise emissions compliance regulation. Railroad Groundborne Vibration Railroad vibration can be detrimental to building structures and persons in those structures. The human perception threshold for ground vibration is approximately 0.005 inches/second. Vibration frequencies due to railroads are measured to be up to 0.8 inches/second. The U.S. Department of Transportation has developed vibration impact assessment criteria for transit projects. The Federal Transit Administration (FTA) has proposed vibration impact criteria, which is provided in Table 12.5. 12-5

Table 12.5- Ground-Borne Vibration (GBV) Impact Criteria for General Assessment Frequent Events (Groundborne Vibration Impact Levels VdB) Occasional Events (Groundborne Vibration Impact Levels VdB) Infrequent Events (Groundborne Vibration Impact Levels VdB) Land Use Category Category 1 Building where vibration would 65 VdB 65 VdB 65 VdB interfere with interior operations Category 2 Residences and buildings where people 72 VdB 75 VdB 75 VdB normally sleep Category 3 Institutional land uses with primarily daytime 75 VdB 78 VdB 83 VdB use Notes: 1. Frequent Events - more than 70 vibration events of the same source per day (i.e. rapid transit projects) 2. Occasional Events - Between 30 and 70 vibration events of the same source per day (i.e. commuter truck lines) 3. Infrequent Events - Fewer than 30 vibration events of the same kind per day (i.e. commuter rail branch lines) Source: U.S. Department of Transportation, Federal Transit Administration. (2006). Transit Noise and Vibration Impact Assessment. FTA-VA-90-1003-06. Construction Noise Standards Construction generates an increased amount of noise in communities, especially during demolition and infrastructure phases of development, even though it occurs over a limited time frame. Heavy equipment used during these periods is the main source of the increased noise. Typical hourly average construction generated noise levels are about 81 dba to 88 dba measured at 50 feet from the center of the site. Issues particularly arise during noise sensitive time periods such as early morning and evening to night-time hours. The Federal Transit Administration published a guide for assessing noise and vibration impacts for transit projects at all stages of development, including construction. This includes construction noise assessments that can be used as a standard for construction noise on the federal level. Based on this document, project construction noise criteria should take into account the existing noise environment, the absolute noise levels during construction activities, the duration of the construction, and the adjacent land use. Overall, construction noise regulations are based on local ordinances or criteria that is developed on a project-specific basis. The City of Newark s 1992 General Plan has specific maximum allowable noise levels from construction equipment and requires that no person shall be allowed to cause any noise to be emitted past his/her property line in any manner so as to create any noise which would cause the ambient noise level to be increased by more than 6 db (City of Newark, 1992, p.10-8). State Standards Office of Planning and Research General Plan Guidelines California Department of Health Services Under the Federal Noise Control Act of 1972 and the California Noise Control Act of 1973 (California Health and Safety Code Sections 46000-46080), it is primarily the responsibility of local and state 12-6

governments to identify noise sources and standards. The Office of Planning and Research s noise element guidelines developed in coordination with the California Department of Health Services are intended to provide a basis for comprehensive local programs to control and abate environmental noise and to protect citizens from excessive exposure (OPR, 2003, p. 244). In order to achieve the goals created by the OPR, the State of California has established standards for acceptable noise exposure levels according to land use categories, see Table 12.6. Normally acceptable noise levels for low density residential land uses are within the range of 50 to 60 db, and between 55 db to 70 db for conditionally acceptable, while normally unacceptable noise levels are within the range of 70 to 75 db, and clearly unacceptable noise levels are between 75 to 85 db. Acceptable noise levels for all residential uses, low density, multi-family, and transient lodging, as well as schools, libraries, churches, and hospitals do not surpass the 70 db noise level. Due to Newark s proximity to State Route 84 (SR-84) and Interstate 880 (I-880), which are generally in the 70 db range, many of the residential neighborhoods in Newark are not within the normally acceptable level. Elevated highways and sound walls, part of 1993 s Measure B program for I-880, are implemented to mitigate the noise impact. California Noise Insulation Standards The California Noise Insulation Standards, in the California Administrative Code, Title 25, Chapter 1, Subchapter 1, adopted on February 22, 1974, established minimum noise insulation standards to protect persons within new hotels, motels, apartments, houses, and dwellings other than detached single-family dwellings from the effects of effective noise. Included in this code are standards for vehicular and industrial sources, which require residential buildings located within noise contours of 60 db of an existing traffic corridor, including freeways, railroad, major street, or rapid-transit, require an acoustical analysis showing that the proposed building has been designed to limit intruding noise and maintain the allowable interior noise level of 45 db. Local Standards Truck Routes The local Municipal Code, Chapter 10.32, Ordinance 158 Art. XII 1, passed in 1979 designates streets that allow vehicles exceeding a maximum gross weight limit of three tons as Truck Routes. This requires operators of any vehicles exceeding three tons to only drive on such routes, unless access to and from restricted streets is necessary for pickup or delivery; see Chapter 5, Circulation for a map of truck routes. This does not apply to public passenger buses or vehicles under the jurisdiction of a public agency while in use for construction, installation, or repair of public utility feature. The City traffic engineer posts signs denoting Truck Route to facilitate movement of such trucks. This ordinance was passed to concentrate the noise produced by large vehicles on fewer streets and restrict movement of large trucks into residential and other sensitive areas. Nuisances by Animals Chapter 6.40 in the local Municipal Code refers to Ordinance 159 Art. III Section 1, which was passed in 1979, addresses noise from barking dogs and the legal limitations therein. The owner of an animal must take immediate steps to quiet a dog whenever if barks, and that the owner shall not leave the dog unattended on the premises, if this results in three or more substantiated complaints filed within a 60 day period with the animal control officer. The ordinance is in place to prohibit prolonged disturbance of any person s peace and quiet. Residential District Permitted Uses Chapter 17.16 of the Municipal Code outlines the permitted uses of a residential district, therein regulating uses that create intrusive noise. There shall be no noisy equipment or machinery in the home, no radio or television, and no conduct within the home that creates any noise audible beyond the boundaries of the site. Also, care facilities such as day care facilities, shall not generate noise that causes excessive discomfort to surrounding residents, and this noise shall be limited to the hours between 9 a.m. and 6 p.m. 12-7

Motor Vehicles on Private Property Chapter 10.40 states Ordinance 138 Section 2 passed in 1974, which gives provisions for motorcycles. It states that motorcycles shall not be upon any street that is not public or approved by the City, so as to limit the locale where noise is emitted beyond the levels normally accepted. Acceptable Noise Exposure Levels by Land Use, 2003 Community Noise Exposure Land Use Category Ldn or CNEL, db 55 60 65 70 75 80 85 Residential Low Density Single Family, Duplex, Mobile Homes Residential Multi-Family Transient Lodging Motels, Hotels Schools, Libraries, Churches, Hospitals, Nursing Homes Auditoriums, Concert Halls, Amphitheaters Sports Arena, Outdoor Spectator Sports Playgrounds, Neighborhood Parks Golf Courses, Riding Stables, Water Recreation, Cemeteries Office Buildings, Business Commercial and Professional Industrial, Manufacturing, Utilities, Agriculture Normally Acceptable Conditionally Acceptable Normally Unacceptable Clearly Unacceptable Source: Governor s Office of Planning and Research. (2003). General plan guidelines, p. 250. 12-8

12.2.2 Noise Sources Mobile sources dominates Newark s noise environment, namely vehicular generated noise along I-880 and SR-84 and major arterials. Beyond vehicular traffic, Newark residents are also exposed to noise from freight trains and overhead planes from either the San Francisco International Airport or the Oakland International Airport. In addition to mobile noise sources, a number of stationary noise sources contribute to the overall noise environment. These noise sources include industrial and manufacturing land uses, temporary construction activities, and noise generated by residential land uses such as children playing, gardening equipment, and dogs barking. The following section categorizes noise sources specific to the City of Newark between mobile and stationary sources. Map 12.1 demonstrates the CNEL noise level for mobile noise sources in the City in a noise contour map. Mobile Mobile noise sources include noise emitted by vehicular traffic, trains, and aircrafts. Transportation Noise from Vehicular Traffic Most major transportation routes, especially those designated as truck routes and transit routes, are contributors to the noise environment. Newark is bound by two highways, SR-84 (Dumbarton Freeway) and I-880 (I-880 or Nimitz Freeway). The two highways serve the entire East Bay, and are major commuting routes leading travelers to Oakland and San Jose, and across the Bay to San Mateo County. Respectively, the average daily traffic (ADT) on each freeway is approximately 60,000 and 200,000. See Chapter, 5 Circulation for details. Nine primary arterials and major local streets have been identified as noise generators in the City; see Chapter 5, Circulation for road classification definitions. These streets are laid out throughout the entire City. Beyond emitting noise through vehicular traffic, some of these streets accommodate truck and transit routes. This greater proportion of heavy vehicles translates into greater noise levels. The Alameda Contra Costa Transit Agency operates 14 buses in Newark, with 30 to 60 minute frequencies during the week and reduced service on the weekends. Railroads and Train Noise Rail lines are another sources of transportation related noise. There are two rail lines that bisect the City; both owned and operated by Union Pacific. The first line runs between the northwest and southeast borders of the City, parallel to Newark Blvd and Cherry St. The second line runs northeast towards Fremont. Beyond the squealing sound emitted from the trains wheels while making turns, current rules require trains to sound their horns before the approach to an at-grade crossing until the locomotive occupies the crossing location. There are 15 at-grade crossings in the City of Newark. There are about 30 trains that travel through Newark weekly and about 20 on the weekends. A more detailed discussion on rail lines and trains in Newark can be found in Chapter 5, Circulation. Aviation Noise from aircraft flyover is not a major problem in the City of Newark but still warrants acknowledgement as a contributor to the noise environment. While the City does not have a local heliport or airport, flight patterns from surrounding airports produces some noise over Newark. Those airports include: San Jose International Airport Oakland International Airport San Francisco International Airport 12-9

Map 12.1- Noise Contours Sources: County Sanitation Districts of Los Angeles County. (2006)., JOS 2010 Master Facilities Plan, Draft Program EIR;. Ambekar, A.G. (2006). Mechanical Vibrations and Noise Engineering, p. 365-370. 12-10

Stationary Stationary noise refers to noise emitted by certain land uses, as well as temporary noise, such as construction activity. Industrial Uses Industrial uses are another significant noise source. Residential Uses Residential uses such as lawn mowing, listening to music, repairing cars, and general housekeeping are contributors to noise. Recreational Activities Recreational activities such as those that take place in parks are also noise contributors. For example, parks with playgrounds emit noise from children playing. Also parks are used as gathering places for parties on the weekends. 12.2.3 Noise Receptors According to the Office of Planning and Research, the following are areas and uses that are sensitive to noise: hospitals, convalescent homes, schools, churches, and sensitive wildlife habitats (OPR, 2003, 88). Residential areas are also recognized as sensitive receptors. Sensitive noise receptors in Newark include residential areas, the wildlife refuge, the major parks, Newark Unified School District schools, senior housing, and neighborhood churches. Newark is encircled by two major highways, SR-84 and I-880, which create a challenge for controlling transportation noise, which is the most significant noise source. Additionally, the railroad lines bisect the City in two directions, north to south and east to west, which create conflicts between railroads and sensitive land uses. There is minimal landscaping or other buffering mechanisms around railroad lines. The sensitive land uses are dispersed throughout the City, with small spatial buffer. 12-11

12.3 Emerging Directions The emerging directions address the trends and needs of the future of Newark and help determine potential goals, policies, and programs to help mitigate the impacts of noise. Due to Newark s position among major highways and railroad lines there is a need for extensive noise mitigation strategies. Since the adoption of the previous General Plan, Measure B for I-880 has been implemented, creating several prominent sound walls; however, further mitigation programs shall be created, especially those that partner with federal and state agencies. Through the community meeting held on November 19, 2011, community members expressed a desire for quieter trains, better and more aesthetically-pleasing sound walls, a railroad grade separation, and more standards for mixed use. Improved sounds walls and train noise mitigation were the two major themes discussed at the meeting. Community input supported the findings of this chapter. The City of Newark has to address compatible land uses based on existing and projected noise levels. The City must find appropriate land uses to be located adjacent to railroads and high capacity highways. Residential and other sensitive land uses such as parks, churches, and schools shall be located to avoid subjection to elevated noise. Sound walls are located along I-880 on the Fremont side. Research must be done to determine whether or not Newark needs higher sound walls on its side of the interstate to block noise from residential areas. Additionally, existing sound walls shall be improved, both in effectiveness and visually. Increased landscaping, public art, or various design elements may be installed along the sound walls. Murals may also be explored as an option for beautifying the sound walls. Railroads cross arterials at many points throughout Newark. The Federal Railroad Administration can designate Newark as a quiet zone, which will reduce the noise pollution emitted by trains. Mobile noise sources are the major concern for Newark and its residents. Community input, in addition to research done for this chapter, shows that mitigation measures must be explored to maintain Newark s suburban character and quiet neighborhoods. 12.3.1 Growth Projections The City of Newark has adopted the Dumbarton TOD and the Area 3 & 4 Specific Plans. The adoption alludes to the growth of Newark, producing more noise through a projected rise in population. Both Specific Plans identify noise sources specific to the area, and provide accompanying noise management measures. 12-12

REFERENCES Ambekar, A.G. (2006). Mechanical Vibrations and Noise Engineering. Prentice Hall, p.365-370. California Department of Transportation. (2011). Typical noise levels. Retrieved from http://www.dot.ca.gov/hq/maint/pavement/offices/pavement_engineering/noise_levels. html California Administrative Code. (1974). California noise insulation standards. Retrieved from http://mlacoustics.com/projects/multifamily/ca.noise.final.pdf City of Newark. (1992). General Plan Update Project 2007. City of Newark. Municipal Code. (2010). Retrieved from http://library.municode.com/index.aspx?clientid=16521&stateid=5&statename=california County Sanitation Districts of Los Angeles County. (2006). JOS 2010 Master Facilities Plan, Draft Program EIR. Retrieved from http://www.lacsd.org/civica/filebank/blobdload.asp?blobid=3254 Federal Railroad Administration. (2000). Railroad noise emissions compliance regulation. Retrieved from http://www.fra.dot.gov/pages/173.shtml Governor s Office of Planning and Research. (2003). General plan guidelines. Retrieved from http://opr.ca.gov/docs/general_plan_guidelines_2003.pdf U.S. Department of Transportation Federal Transit Administration. (2006). Transit Noise and Vibration Impact Assessment. Retrieved from http://www.fta.dot.gov/documents/fta_noise_and_vibration_manual.pdf 12-13