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SR-8-A (10) . ORIGINAL . 9-A gEe B 1981 CA:RMM:SSS 5tJO-009-03 CIty CouncIl MeetIng 12-8-81 Santa MonIca, CalIfornIa STAFF REPORT To: Mayor and CIty CounCIl From: CIty Attorney SubJect: NegatIve DeclaratIon and Ordlnance EstablIshIng InterIm AIrport NOIse LImit of 100 SENEL and ExtendIng the Departure Curfew I. INTRODUCTION. On October 27, 1981, the CIty CounCIl lntroduced for fIrst readIng an ordInance establishIng an Interim nOIse lImIt of 100 SENEL for aIrcraft departIng from or landIng at the Santa MonIca AIrport and extendIng the departure curfew for one hour every mornIng. The accompanying ordInance IS now presented for adoptIon. Pursuant to the CalIfornIa EnVIronmental Quality Act (CEQA), an InItIal Study was prepared. The study concluded that the proposed ordInance would have no SIgnIfIcant effect on the enVlronment; accordIngly, a Negative DeclaratIon was prepared. Under CEQA, the ordInance may not be adopted unless the NegatIve DeclaratIon IS approved. In additIon to the publIC notIce requIred by CEQA, copIes of the InItIal Study and NegatIve DeclaratIon were maIled to partIes known to be Interested In aIrport Issues. Comments were received from the Santa MonIca AIrport ASSOCIatIon (SMAA) and from the law fIrm of Latham & WatkIns, representlng the Natlonal Business AIrcraft ASSOCIatIon (NBAA) and the General AVIatIon 1 l-A r I E ( .G ~'J;:" L'i v "--~... .;.JJ... . . Manufacturers Assoclatlon (GAMA). addresses these comments. The body of thIS report II. BACKGROUND. The partIes commentlng on the NegatIve Declaration are the plaIntIffs In Santa Monica Airport ASSOCiation v. City of Santa MonIca, 659 F.2d lOa (1981), aff'g 479 F.Supp. 981 (C.D. Cal. 1979) ("AIrport I"). SMAA represents the Interests of pilots, flying clubs, and aIrport bUSinesses USIng Santa MonIca Alrport; NBAA represents the interests of corporatIons whIch employ aVIatIon In theIr bUSInesses, some of whom use the AIrport; and GAMA represents manufacturers of bUSIness alrplanes, parts, and eqUIpment. AIrport I established the rIght of the CIty to Impose reasonable restrIctIons on alrport operatlons for the purpose of protectlng the surroundIng environment from alrcraft noise. Four CIty ordlnances were valIdated, lncludlng the eXIstIng departure curfew and the 100 SENEL nOlse lImIt. AIrport I was deCIded after a lengthy trlal In WhIch volumlnous testlmony was presented by both SIdes, the State, and the United States. That eVIdence concerned all aspects of alrport nOIse, Its effect on persons Ilvlng under landlng and take-off patterns, ltS abatement, and the effect of Santa Monlca's regulations on aViatIon and commerce. The Court concluded that the CIty'S ordinances, Includlng the lOO SENEL and the departure curfew, had an indlrect, insubstantIal effect on commerce and did not interfere with the FAA's management of aIr trafflc and alr safety. 2 . . The Court 1n ~lrport I enJo1ned the enforcement of a f1fth ord~nance, Wh1Ch Imposed a total ban on Jet aircraft operations. The jet ban and Its predecessor, a Jet curfew, had been enacted In response to lntense cltlzen annoyance from n01se em1tted by early model Learjets and Sabrellners. The Court ruled that whlle the CIty could prohlblt operatlons by nOlSY a1rcraft, it could not exclude modern, less no~sy Jets such as the Cessna Cltatlon, Wh1Ch could operate under the 100 SENEL llmlt. On October 23, 1979, two months after the trIal court's decislon 1n Alrport I, the Clty Councll adopted Ordlnance Number ll37 (CCS), whlch lowered the SENEL llmlt to 85 dB. An Initial Study and Negatlve Declaratlon were prepared. NBAA, GAMA, and Gunnell AVlatlon flIed SUlt 10 federal court to enJoIn the enforcement of the ordlnance on grounds that It v10lated the Commerce Clause and that preparatlon of an EIR was requlred under CEQA. The case IS known as Alrport II; SMAA 1S not a party to th1S actlon. The Unlted States Dlstrlct Court 1n Alrport II 1ssued a preliminary lnJunctlon agalnst the enforcement of the 85 SENEL limIt on grounds that the ordlnance appeared to be an evaSIon of the prIor 1nJunctlon agalnst the Jet ban and, therefore, VIolated the Commerce Clause. The Court dIsmlssed the CEQA cla1m, rullng that It should be declded by the Cal~fornla courts. PlaIntIff flIed a separate actIon ralsIng the CEQA claIm 1n Super10r Court ("AIrport IIA"). The tr1al 1n AIrport II has been held in abeyance pendlng resolutIon of the appeal In Airport I. In turn, Airport IIA has been stayed untll resolutlon of AIrport II. 3 . . On June 23, 1981, the City CouncIl adopted Resolution Number 6270 (CCS) establIshIng CIty aIrport policy and dIrectIng InItIatIon of a process for a specIfIc plan for the aIrport property and an aIrport nOIse and land use compatIbIlIty study. The resolutIon was premIsed on the propOSItIon that the aIrport property was utIlIzed far below Its economIC potentIal and posed safety and environmental problems. However, the resolutIon also recognIzed the CIty'S contractual oblIgatIons to operate a general aviatIon aIrport on the property. WIth that In ffi1nd, the C1ty CounCIl dIrected staff to Insure that any aIrport noise was compatIble WIth surroundIng land uses and to mln1mlze the effects of that nOIse. On July 31, 1981, a group of airport operators and pIlots fIled suit against the CIty claImIng, among other thIngs, that the CIty could not Implement ResolutIon Number 6270 (CCS) WIthout fIrst preparIng and conSIderIng an EIR. In that case, Kettler v. CIty of Santa MonIca, plaIntIffs are represented by RIchard KnIckerbocker, the former CIty Attorney who drafted the ordInances challenged In AIrport I and A1rport II. WhIle some plaIntIffS In Kettler are members of SMAA, neIther that organIzatIon, NBAA, or GAMA are partIes to that case. On August 28, 1981, the AIrport Comm1ssIon held a hearIng and recommended adoptIon of an ordInance re-establlshing the 100 SENEL and extendIng the departure curfew. Some pIlots and operators spoke In OPPOSItIon to the curfew; some neIghbors spoke in favor of It. SMAA, NBAA, GAMA, and the FAA did not partiCIpate In thIS hearing. No one, includIng the pilots and 4 . . operators present, opposed the InterIm re-establlshment of the 100 SENEL, although neighbors ~ndIcated that 100 SENEL was not satisfactory as a permanent nOise level. At the hearIng on the first read~ng of th1S ordinance, a representatIve of SMAA presented the CIty Clerk w1th a letter from Mr. KnIckerbocker statIng the Association's legal positIon "that no materIal change In curfew tImes can be made w1thout the preparatIon, reVIew, and adoption of an envIronmental ~mpact report." On December 2, 1981, NBAA/GAMA wrote in OppOSItIon to the NegatIve DeclaratIon. On December 3, 1981, SMAA wrote In OPPOSItIon to the NegatIve DeclaratIon and other aspects of the C1ty's aIrport POlICY. SMAA's VIews were further expressed 1n a meetIng WIth CIty staff on December 3. The FAA dId not comment on the Negative Declaration or thIS proposed ordInance. Groups representIng Interests of a~rport neIghbors dId not present wrItten comments on the Negative DeclaratIon. However, these groups have repeatedly spoken In favor of noise abatement measures, particularly the need to secure periods of qUIet durIng nIght and early mornIng hours, and endorse the proposed ordInance as an InItIal step towards protectIng the envIronmental health of their neIghborhoods. III. ANALYSIS. CEQA uses a "three-tiered" process of env1ronmental assessment of a CIty proJect. FIrst, the C1ty determInes If the proJect IS exempt from CEQA; If not, an In1tIal Study IS performed. Second, the CIty determInes whether the proJect may have a SIgnIfIcant effect on the enVIronment. If the proJect 5 . . w1ll have no such effect, a Negat1ve Declarat10n may be prepared. Th1rd, If the proJect may have a slgnificant effect on the enVIronment, an EIR must be prepared. The EIR must, among other things, analyze all potential sign1ficant effects, dISCUSS measures to mitIgate them, and consider alternat1ves to the project. The State Legislature has recently amended SectIon 2ll1Q and 21l5l of the PublIC Resources Code to defIne "slgn1f1cant effect on the enVIronment" to mean "substantIal, or potent1ally substantIal, adverse changes 1n physical cond1tions wh1ch eXIst WIthIn the area [affected by the proposed proJect].n See Ch. 264 [l981] Cal. Stat. There IS no doubt that a comprehensIve land use plan or a comprehens1ve nOIse abatement program for the aIrport, when proposed, Will require an EIR. SMAA and NBAA/GAMA V1ew thIS ordInance as part of the City's comprehenSIve plannIng process, and therefore argue that the NegatIve DeclaratIon 1S imprope r . ~Je do not agree with thIS VIew. We regard the 100 SENEL and the curfew extens10n as separate, indIVIdual measures of an Inter1m nature which must be evaluated in terms of the 1 r Ind1v1dual impact. Ult1mately, the City WIll conSIder the total range of potential nOise abatement measures 1n context of the planned development of the aIrport property. ThiS evaluation Will Include, among other thIngs, analYSIS of an approprIate n01se level and hours of aIrport operat1ons. In thIS regard, the content1on of NBAA/GAMA that a1rport nOIse abatement IS a complex, hIghly techn1cal matter IS accurate, but Irrelevant to the specifIC ordInance In question. 6 . . SMAA does not oppose the re-establishment of the lOO SENEL no~se lim~t. Indeed, ~t supports that lim~t because ~t w~ll prohibit extremely no~sy a~rcraft from causing intense annoyance to res1dents. SMAA belIeves that the vast maJor~ty of no~se compla1nts at the A~rport involve irresponSIbly flown Learjets and other planes operated above lOO SENEL and that these few aircraft preJud~ce airport neighbors against more respons1ble pilots operatIng less nOISY a~rcraft. In Airport I, NBAA and GAMA opposed the 100 SENEL on grounds that ~t was federally preempted, Interfered with aIr traff1c management and aVIatIon safety, and burdened interstate commerce. These arguments were reJected by the UnIted States Distr1ct Court and the UnIted States Court of Appeals. They have been thoroughly consIdered, and should be rejected as grounds for challenge of the NegatIve DeclaratIon. In theIr obJectIons to the 1979 Negative DeclaratIon on the 85 SENEL limIt, NBAA and GAMA alleged that the ordInance would result In a substantIal diverSIon of flIghts to other a1rports, a corresponding effect on ground traffic, and a signIficant effect on airport bUSInesses. They also alleged numerous defects 1n the TechnIcal Study and called for a "delIberate and accurate assessment of [a] proposed nOise ordInance." These arguments have no relevance to the re-establIshment of the 100 SENEL. A mere handful of planes operating In excess of 100 dB regularly use the airport; the lrritat10n they cause is undenIable. TheIr dIverSion from Santa Mon1ca will have an ~nslgnIflcant effect on regIonal aVIatIon. 7 . . The Issue regardIng the curfew extensIon IS no more complex. The aVIatIon interests raIse two baSlc obJections to the NegatIve DeclaratIon. FIrst, they contend that because the curfew extensIon IS a fIrst step In a comprehenSIve planning process, and because that process requires an EIR, the extenSIon should not be adopted untIl the whole process, IncludIng an EIR, IS completed. Second, they contend that the effects of the curfew extenSIon, consldered Indlvldually, were Inadequately examlned In the Inltlal Study. We do not agree wIth eIther contentlon. While It IS true that aIrcraft nOise abatement is a hlghly complex matter, involving a number of Interrelated matters, It does not follow that an Interlm nOIse abatement measure IS Inextrlcably tied to the whole process and requlres conslderatlon of all other pOSSIble measures. If the Interlm measure will not In Itself have a substantial adverse effect on the envlronment, a Negatlve Declaration IS sufflClent. Whlle we dld not survey alrport users to determIne how many of them actually used the alrport durlng the openlng hour of operation, the Intorrnatlon furnished by City staff IS suffiCIent to IndIcate that the measure will not substantially impact air traffIC or airport nOIse. The best InformatIon IS from airport flights. Our Intormatlon Indicates that about 5-8 aircraft per day would be requIred to delay departure. ThlS short delay Will not have any materlal effect on transportatlon patterns or buslnesses at the alrport. There IS no IndicatIon that alr trafflc control would be affected. 8 . . It IS Important to note that no evidence has been offered that contradlcts the flndlngs of the Inltlal Study. The SMAA, NBAA, and GAMA have offered only unsupported concluslons to attack the In1tlal Study and Negat1ve Declaratlon. The rema1n1ng contentIons in the comments are not, In our opinIon, slgnlf1cant. The curfew extens10n wlll have an Inslgnlflcant effect on aIrport bUSlnesses, and, In any event this Impact does not relate to the physlcal cond1tlon of the enV1ronment and thus IS not pertinent to a CEQA analys1s. We reIterate that the controversy surround1ng aIrport closure IS not relevant to the proposed ordInance. The enforcement of the ordinance, contrary to the Vlew of SMAA, IS not 11m1ted to a1rcraft defects exclud1ng they are 1n owners but IS dIrected to pIlots as well. The alleged Study pertaIn to an ordinance current fleet from the Airport; not relevant to the far less severe measures proposed the 1979 TechnIcal between 50-65% of the here. In sum, It 1S the opInion of th1s office that the 100 SENEL and the curfew extenslon, IndIVIdually considered, are reasonable nOIse abatement measures well wIth1n the CIty'S author1ty, and WIll not have a slgnlflcant effect on Santa MonIca or other a1rports. 9 . . IV. RECOMMENDATION. It IS respectfully recommended that the CIty CouncIl approve the NegatIve Declaratlon and adopt the accompanyIng ordInance. Prepared by: Robert M. Myers, City Attorney Stephen S. Stark, ASsIstant CIty Attorney lO e n ./U5[. ~ ~ I"f ,1 ' I ,j ;"1 11_ '} i ~:( ~_)()..<./I' , v~ (/23; -, ~ . -- .__.-L----- ,/ /{J 27 /2 -f -f"/ DISTRIBUTIO~ OF RESOLUTION # /7,/v Councll Meeting Date 0 Agenda Item # (~- ;9 ...--- I _--..,. (ORDINA~~~Y Introduced: Adopted: VOTE" AffIrmatIVe" NegatIve: Abstdin: Absent: " r!~i.-'t"'" ~C-<-"?--J.. ;~/ ,_,.AL/7~ &~-J y--rv f" V ~/ ~~~ Was It amended? ORIGINAL to be SIgned, sealed and fIleJ in Vault. ~C-> Itc-, ~I ) ~~~ " J Department origlnatlng staff report (_ U(J~.l21J.._~.;-( t- ) /f :/ :/ DISTRIBUTION' ~EWSPAPER PUBLICATION (Date: 1 ./ !/ CIty Attorney (those With their codes) l__-v/ Agency mentioned In document or staff report (certified?) :~ SubJect file (agenda packet) Counter file Others" Airport Parking Auth. Audltorum Personnel Budd i ng Pept. P}apn ing // - ------- / >---..... PolIce (en-I "--.:~ e~~~!-J1" Purchasing EnVIron. Servo I J FInance FIre Recr;Parks General Servo Transportation LIbrary Treasurer Manager SE~D FOUR COPIES OF ALL ORDI~A~CES TO: CODED SYSTEMS, Attn Peter Maclearie PROFESSIONAL CENTER, ROUTE 71 ERIELLE, NEW JERSEY 08730 SEND FOUR COPIES OF AU. ORDINANCES TO: PRESIDING JUDGE SANTA MONICA MUNICIPAL COURT 1725 MAIN STREET SANTA MONICA, CA 90401 4 I ,,/ d J -, TOTAL / '-.5 COPIES . . CA:RMM:SSS Clty COUnCl! Meetlng 12-8-8! Santa Monlca, Callfornla ORDINANCE No. 1239 (Clty Councll Serles) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO ESTABLISH AN INTERIM AIRPORT NOISE LIMIT OF 100 SENEL AND TO EXTEND THE DEPARTURE CURFEW. WHEREAS, lt is the pollCY of the Clty of Santa Monica to abate nOlse by alrcraft uSlng the Santa Monica Airport and to prohlbit use of the Alrport by partlcularly noisy types of alrcrafti and WHEREAS, the Clty'S rlght to enforce a Slngle Event NOlse Exposure Level (SENEL) limlt of 100 dB was upheld ln Santa Monlca Alrport Associatlon v. Clty of Santa Monlca; and WHEREAS, the Clty is prellmlnarlly en)olned from enforc1ng lts SENEL limit of 85 dB pendlng trlal ln National BUSlness Alrcraft ASSOc1ation v. Clty of Santa Mon1cai and WHEREAS, the Clty 15 undertaklng a comprehenSlve reV1ew of alrport noise and land use compatibllltYi and WHEREAS, the pUblic health, safety, and welfare requlre that there be an enforceable alrport nOlse limiti and WHEREAS, the City Councll of the City of Santa Monlca deS1res to repeal the SENEL llrnit of 85 dB and establlsh an lnter1m SENEL Ilffilt of 100 dB pendlng further study of appropriate long-term nOlse abatement measures; and 1 . . WHEREAS, extenslon of the departure curfew by one hour each morn1ng would, in the opinion of experts and res1dents, significantly reduce dlsturbance and annoyance caused by alrcraft n01se, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Sect10n 10101 of the Santa Monica Mun1clpal Code is hereby amended to read as follows: Sect10n lOlOI. Hours. The a1rport shall be open for publlC use at all reasonable hours of the day and nlght, subJect to such restrictlons as are provlded here1n or are due to 1nclement weather, the condltlons of the land1ng area, the presentat10n of spec1al events, and like causes as may be determined by the Airport D1rector. Night landings wlll be perm1tted, but night take-offs or eng1ne start-ups are proh1b1ted between the hours of ll:OO p.m. and 7:00 a.m. on Monday through Fr1day and ll:OO p.m. through 8:00 a.m. on Saturday and Sunday. The Alrport Dlrector or 1n h1S absence the Watch Commander of the Santa Monica Police Department may approve take-off or landlng durlng said hours, prov1ded lt appears that an emergency lnvolving 11fe or death eXlsts, and approval 1S obta1ned before take-off. 2 . . SECTION 2. Sect~on 10105B of the Santa Monica Mun~c~pa1 Code is hereby amended to read as follows: Sect~on 10105B. A~rcraft No~se Restr~ct~ons for the Santa Monica Munlclpal Alrport. (a) prohibition And Remedy for Repeated Violation. An aircraft taklng off from or landlng at the Airport shall not be operated ~n vlolation of thlS section. A person who vlolates thlS sectlon more than once may, at the discretlon of the Alrport Director and after being given notice and an opportunity to be heard, be prohlblted from uSlng the Alrport for a period not to exceed 180 days, except upon such condltlons as the Alrport Dlrector may prescrlbe. The remedy provided In this subsectlon shall be supplemental to any other remedy provided by law. Each violatlon subsequent to the flrst vlolatlon shall be specifically remedlable. (b) Deflnitlons. Each of the terms as used ln thlS sectlon shall be deflned as follows: (1) Sound pressure level (SPL): The sound pressure level, In deClbels (dB), of a sound lS twenty tlmes the logarlthm to the base 10 of the ratio of the pressure of thlS 3 . . sound to the reference sound pressure. The reference pressure shall be 20 mlcropascals {20 micronewtons per square meter, or 0.0002 . mlcrobar} . (2) NOlse level (NL): The noise level, In deCIbels, 15 an A-weighted sound pressure level as measured uSlng the slow dynamlc characteristICS for sound leve 1 me te rs specIfied ln the Amer1can National Stanndard Specification for Sound Level Meters, ANSI Sl.4-l97l (or latest reVISIon thereof.). The A-weigh tlng characteristlcs modlfies the frequency response of the measurlng 1nstrument to account approx1mately for the frequency characterIstICS of the human ear. The reference pressure 1S 20 mIcropascals. (3) Noise Level Maximum (NLM): The maXImum NL reached durIng an aIrcraft nOIse occurrence. This IS synonymous WIth the unIt .'dBAM" as found in FAR-36, Part 36, Appendix F. (4) NOIse exposure level (NEL): The nOlse exposure level in deCIbels is the nOIse accumulated durIng a gIven event. More specifIcally, the nOIse exposure level IS the level of the time-integrated A-welghted sound pressure for a stated time interval or event, 4 . . based on m~cropascals second. (5) S~ngle event nOlse exposure level (SENEL): The s~ngle event nOlse exposure level, In deCIbels, lS the nOlse exposure level of a s~ngle event, such as an a~rcraft flyby, measured over the tIme interval between the initial and f~nal tImes for which the nOlse levels of a slngle event exceeds the threshold no~se level. For ~mplementatlon of thlS Sect~on, the threshold nOIse level shall be 65 NL. (6) Cal~fornla Airport NOlse Standards: The Callfornia Airport Noise Standards are defined In the CalifornIa Department of Aeronautics IINoise Standards tI , Callfornla Admlnlstratlve Code, Subchapter 6, TItle 4 (Reglster 70, No. 48, November 28, 1970), or latest reV1Slons thereof. a reference pressure of 20 and a reference durat~on of one (7) A~rcraft Operator: Alrcraft operator means the legal or beneflcial owner of the aircraft with authorlty to control the alrcraft utllization; except where the alrcraft is leased, the lessee is the operator. Aircraft operator also means the pilot of an aircraft. 5 . . (8) Clty: Clty means the Clty of Santa Monlca. (9) Alrport: Alrport means the Santa Monica Munlclpal Airport. (lO) Alrcraft Model: AIrcraft Model means a verSlon of an alrcraft that requires or If now manufactured would requlre nOlse certiflcatlon under FAA rules. (c) Methodology. The nOlse levels generated by aircraft takeoffs or aircraft landlngs at the Airport are to be measured at one or more posltlons ln the Vlclnlty of the Airport. The measurements shall be In terms of the SENEL. The measured SENEL values are to be compared with nOIse level Ilmlts establlshed by this Section. An aircraft operator whose aircraft produces noise levels WhICh exceed the SENEL lImits shall be deemed to be in vlolation of this Sectlon. (d) Measurement Locatlons. Measurements shall be made at ground posltlons on or near the center llne of nominal takeoff and landlng flIght tracks for alrcraft operating from the AIrport. The nomInal flIght track is a lIne proJected on the ground under the nomlnal fllght path of the aIrcraft. Measurement posltlons shall be 6 . . established feet from west end measurement needed to Section. (e) Frequency of Measurement. At each establlshed m~crophone locat~on, s~ngle event nOlse exposure level measurements shall be made on a schedule to be established by the by the City at a posltlon 1500 the east and l500 feet from the of the runway. Addltlonal pos~tlons may be establ~shed as carry out the purpose of thlS City. (f) No~se Monltorlng Sfstem Spec~fications. The noise monloring system shall measure the s~ngle event nOlse exposure level of noise events exceed~ng the nOlse threshold established at each measurement posltion and shall log the time of occurrence of each event. The performance of the nOlse monltorlng system shall meet the regulrements establ~shed In NOlse Standards, as amended. In general the overall accuracy of the nOlse measurement system shall be +1.5 dBAs determlned ~n accordance wlth the procedures specifled ln Section 5080.3 of the Californ~a A~rport Noise Standards, as amended. (g) Field Measurement Precautlons. SpeclflC locations of the monltorlng systems 7 . . shall be chosen, whenever posslble, such that the nOlse levels contributed from sources other than aircraft shall be equal to or less than 60dB. The measurement microphone shall be placed 20 feet above the ground level or at least 10 feet from the nelghborlng rooftops, whlchever is hlgher. To the extent practical, the following precautions should be followed: (I) Each monltor1ng location shall be in an open area surrounded by relatlvely flat terrain hav1ng no exceSlve sound absorption characteristlcs such as may be caused by thlck tall grass, shrubbery or wooded areas. (2) No obstructions WhlCh would significantly influence the sound fleld from the aircraft shall exist withln the conleal space above the measurement posltion, the cone being defined by an axis along the llne of sight normal to the aircraft and by a half angle of 75 degrees from this axis. (3) When the foregolng precautlons are not practical, the mlcrophone shall be placed at least 10 feet above ne1ghboring bUlldlngs 1n a position which has a clear Ilne-of-slght Vlew to the path of the a1rcraft 1n fllght. 8 . . (h) Maximum Allowable Single Event N01se Level (SENEL). The CIty shall set n01se level limlts for each of the establlshed measurement posit1ons. For the noise monitor stat10ns spec1fied in subsection (d) above, the max1mum perm1ssIble SENEL shall be 100 DecIbels. SECTION 3. Sect10n lOl05B of the Santa MonIca Munlc1pal Code, as amended by Sectlon 2 of this Ord1nance, 1S repealed and shall be of no effect on the l8lst day following lts effective date. It is the intent of the City Counc1l to adopt appropr1ate nOIse abatement measures upon complet1on of an Aircraft NOlse and Land Use Compatibility Study. SECTION 4. Any prOVIsIon of the Santa Monica Mun1cIpal Code or appendices thereto 1nconsistent WIth the provisions of this ord1nance, to the extent of such 1nconsistenc1es and no further, are hereby repealed or modified to that extent necessary to affect the prov1s1ons of thIS ord1nance. SECTION 5. If any sectIon, subsectIon, sentence, clause, or phrase of th1S ordinance 1S for any reason held to be 1nvalld or unconstItutional by a deciSIon of any court of any competent Jur1sdlction, such dec1sion shall not affect the valIdIty of the remalnIng portions of the ordinance. The C1ty Counc1l hereby declares that it would have passed th1s ord1nance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional w1thout regard to whether 9 . . any portlon of the ord1nance would be subsequently declared lnvalid or unconst1tut1onal. SECTION 6. The Mayor shall slgn and the C1ty Clerk shall attest to the passage of this ordlnance. Th1S Clty Clerk shall cause the same to be pUblIshed once in the offIcial newspaper w1thin fIfteen (lS) days after its adoption. The ordinance shall become effective after thirty (30) days from its adoptIon. APPROVED AS TO FORM: ~M.7 Robert M. Myers C1ty Attorney ~ 10 -/It .J "r ~ . . ADOPTED AND APP~OVED THIS 8th DAY OF December , 1 981 , /\ / i ~ 1';1 ,,'1 " ,/ / ri U: I! "L/~/'1 f jj};fl"'--',r,,~vySif~J2.U;vry//' L- F . .', [/MA YOR I 6 I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE, NO. l239(CCS) , WAS DULY AND REGULARLY INTRODUCED AT A flEETING OF THE CITY COUNCIL ON THE 27th DAY OF October, 1981; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A ~1EETING OF THE CITY COUrlCIL Oil THE 8th DAY Of December 1981 gYTHE FOllOWING COUNCIL VOTE: AYES: COUU~~LMEMBERS: Conn, Edwards, Jennings, Press, Zane, Mayor Yannatta Goldway tIDES: COUNCILr.1P1BERS: None ABSENT: COUr'iCIU1EnSERS: ;';one ABSTAIN: COUNCIlMEMBERS: Reed ATTEST: /' // ~~........ ./ I i ,- I /Y1 / I " t . I -41 ("I .. ~ ~ /~ . " --:;L.. ~""-". ./ .T /--i -.--/1 CITY CLERK y