SR-8-E (11)
8-E.
LUTM:CPD:PB:SF:TR
wjccnoismt
COUNCIL MEETING: July 21, 1992
JUL 2 i 19~2
Santa Monica, California
TO:
Mayor and city Council
I:
FROM: city staff
SUBJECT: Recommendation to Approve a Negative Declaration for
the Proposed Noise Element, Adopt a Resolution Amending
the city of Santa Monica Noise Element and Introduce
for First Reading the Revised Noise Ordinance.
INTRODUCTION
This report outlines the recommended changes to the Noise Element
and Noise Ordinance and recommends that the city council conduct
a public hearing on the Draft Noise Element, deliberate upon the
issues, approve the negative declaration for the Noise Element
and Noise ordinance, approve a resolution to adopt the proposed
Noise Element update, and introduce for first reading a revised
Noise Ordinance that implements the Noise Element.
The staff report is organized by the following topics: project
background, features of the revised Noise Element, changes
recommended by the Planning Commission, public comments, other
noise
ordinance
issues,
environmental
analysis,
and
budgetjfinancial impacts.
The Draft Noise Element and revised
Noise Ordinance are provided in Attachments A and E.
- 1 -
g-E
JUl 2 1 1992
BACKGROUND
There are two main reasons for updating the city.s Noise Element.
First, since the last Noise Element was adopted in 1975, there
has been an increase in the type and volume of noise in the city.
Second, there have been changes to the state requirements for
Noise Elements.
In 1984, AB 2038 made extensive changes to the General Plan noise
element requirements, shortening the list of state-required
issues and encouraging local governments to design their own
approaches to noise control. In addition, noise contours must be
shown for all noise sources, and these contours must be used as a
guide for establishing land use patterns in the City to minimize
resident exposure to noise.
Under the law, the Noise Element must address the following
issues:
o Identification and appraisal of major noise sources~
o Existing and projected levels of noise and noise
contours for major noise sources;
o Determination of the extent of "noise problems in the
community": and,
o Selection and imposition of methods of noise attenuation
and the protection of residences from excess noise.
- 2 -
As one of the primary implementation tools of the Noise Element,
the revised Noise Ordinance is being presented along with the
Noise Element for Council review and approval.
overview of the Update Process
The Noise Element update began on December 12, 1988 with a public
workshop to identify noise problems in the community and suggest
possible solutions. A summary of public comments from this
workshop is contained in Section 2.0 of the Noise Element (pages
10-12) .
The Draft Noise Element was completed and made available for
public revie~l in september, 1989. On November 29, 1989, the
planning Commission conducted a public hearing on the draft Noise
Element. The Commission approved the Noise Element while
recommending some changes, which are discussed below. Many of
the Commission's recommended changes have been incorporated into
the revised Draft Noise Element and Noise Ordinance.
FEATURES OF THE REVISED NOISE ELEMENT
The Noise Element consists of five sections: Background
Information and Inventory of Noise Conditions~ Issue
Identification; Findings; Goal Statements; and, Policies and
Implementation Actions. The most significant aspects of the
element are discussed below.
- 3 -
Background Data
The Background Information and Inventory of Existing Conditions
section of the Noise Element examines noise measurements, major
noise sources and noise sensitive land uses, and noise contours.
Both short term (15 minute) and long term (24 hour) noise
measurements were taken in the city at 24 measurement sites. The
noise measurement sites were selected based upon pUblic input,
history of noise complaints, and an attempt to obtain a
representative sample of sites to reflect the diverse conditions
and neighborhoods in the city. The results of these measurements
are contained in Exhibits 3-5 of the Draft Noise Element.
The short term noise measurements reveal that the City's noise
environment is dominated by motor vehicle noise. Maximum noise
volumes were most often a result of the fact that residences were
located close to roads, arterials, and highways.
The primary and most constant ambient noise in Santa Monica is
traffic. Exhibits 6 and 7 of the Draft Noise Element show
existing and future noise contours for the city, respectively.
Noise contours represent lines of equal exposure to noise, based
upon a set of factors including noise volume and distance from
the noise source. The lines shown on these maps represent points
at which ambient noise meets or exceeds 65 CNEL (Community Noise
Equivalent Level). The 65 CNEL is considered to be the maximum
- 4 -
acceptable exterior noise level. CNEL is a 24-hour,
time-weighted annual average noise level. "Time-weighted" refers
to the fact that noise which occurs during certain sensitive time
periods is penalized for occurring at these times.
Goals, POlicies, and Implementation Actions
The last section of the Draft Noise Element presents goals,
policies and implementation actions that are designed to address
the noise problems identified in the City.
The Draft Noise Element establishes three goals:
o Where feasible, provide for the reduction of noise where
the noise environment is unacceptable.
o Protect and maintain those areas having acceptable noise
environments.
o Provide sufficient information concerning the community
noise levels so that noise can be objectively considered
in land use planning decisions.
These goals are supported by four policies and numerous
implementation actions.
pOlicy 1: Provide for measures to reduce noise impacts from
transportation noise sources.
- 5 -
This policy addresses transportation noise, one of the major
sources of noise in the city. Among the actions associated with
this policy are to work with CALTRANS to complete the
installation of freeway noise barriers along the Santa 110nica
freeway, and to continue to enforce the State Motor Vehicle noise
standards.
Policy 2: Incorporate noise considerations into land use
planning decisions.
This policy is intended to address potential noise/land use
compatibility problems more proactively through the development
review process. Actions include careful review and monitoring of
the siting of land uses, as well as changes in the Noise
Ordinance to provide for greater noise mitigation during
construction. As part of the building permit review process,
projects will be reviewed to ensure compliance with the standards
outlined in Table 2.
- 6 -
Table 2
INTERIOR AND EXTERIOR NOISE STANDARDS
PROPOSED LAND USE CA TEGOAIES DESIGN STANDARD CNEL
1 OUTDOOR 2
CA TEGORIES ~ INDOOR OPEN SPACE
RESIDENTIAl.. Single FamIy. Duplex. 453 65
MtIlbple Family
- 4
Mobile Home - 65
COMMERCIAL HOIeI, Mo"', Transllnt Lodging 45 655
INDUSTRIAL
INSTITUTIONAl.. CornneraaI R81ai. Bank
55 --
Restaurant
Office Building, Resean:h and
Devel09menl. Prof8llll'onal 50 --
1"IflI....... Itkin..
Amphlthealr8. COnc&l1 Hall 45 --
Audlonum. Meel/llg Hall
GymnulIJm IMulllpufJlllS8) 50 --
Sporta Club 55 -
ManuraclUnng, Warehousing. 65 --
Wholesale, UlIIltles
Movie Theatres 45 --
INSTITUTIONAl
HospItal, Schools' classroom 45 65
Church, Ubrary 45 --
OPEN SPACE Paries 65
INTERPRETA TION
1 Indoor environment excluding: Bathrooms, tOilets, closets, corndors
2. Outdoor enVIronment limited to: Pnvate yard of single family
Multi-family prIVate patIO or balcony whICh IS greater than 6 feet In depth
ancllS not a reulred emergency fire exit as defIned In the UBC.
MobIle home Park
HosprtaJ pallo
Paric's pICnIC area
SchlXll's playground
Hotel and motel recreatIOn area
3 NOise level requIrement With closed windows. MechanICal ventilating system .:Jr other means of
natural ventilatIOn shall be proVIded as of Chapter 12, Section 1205 of UBC.
4 Extenor nOise level should be such that interIOr nOise level will not exceed 45 CNEL
5 Except those areas affected by aircraft noISe.
SOURCE: City at Irvine NOISe Element
policy 3: Develop measures to control non-transportation noise
impacts.
Non-transportation noises include those produced by late night
entertainment, barking dogs, and motor-driven gardening
equipment. Among the implementation actions that are proposed to
address the non-transportation noise problems are the following:
o Expanding the City's mediation program to address noise
disputes between neighbors.
o Revising the noise metric provided for in the Noise
ordinance to an Equivalent Noise Level (Leg) in order to
facilitate easier measurements.
o Delete the requirement to measure barking dog noise as
part of Noise Ordinance enforcement. The presence of a
person measuring the the noise may induce the dog to
bark, thus bringing into question the validity of the
measurement. Accordingly, Section 4311 of the Noise
Ordinance has been revised as follows:
Noisy Animals. No person shall keep, maintain, or
permit any animal which barks, yells, or cries for
more than five (5) minutes in anyone (1) hour
period.
- 8 -
This new section will grant discretion to the Police
Department to determine whether an animal noise disturbs
the public peace.
o Require that Building Permit applicants, including
contractors, sign a form acknowledging requirements of
the noise ordinance, particularly as pertains to
mechanical equipment. In addition, at the Planning
commiss ion I s request, language has been added to the
Noise Ordinance that would require that all project
plans show the location of mechanical equipment in
relation to adjacent noise-sensitive land uses.
To address the problem of noise from nightclubs and similar
establishments, a new section has been added to the Noise
Ordinance to require that entrances and exits to nightclubs be
situated on commercial streets, and that doors and windows be
designed to minimize escaping noise. More specifically, the new
section will require, that new establishments provide entrances
and exits designed as two-door vestibules, and that windows
consist of double-paned glass. As an alternative to the above
standard, staff evaluated a requirement that would require an
owner of a new nightclub or entertainment use to submit a noise
reduction plan as part of the building permit process. Staff
determined that this approach was too discretionary and that a
specific standard was more enforceable and more likely to abate
the noise problem.
- 9 -
Policy 4: The city shall
construction noise impacts.
develop measures to control
Construction noise was a major concern for those who participated
in the public workshop. To respond, the Noise Element proposes
the following new method of dealing with construction noise:
o When new projects near residential areas involve pile
driving, night time truck hauling, blasting, 24 hour
pumping, or other high noise equipment, the project EIR
will be required to have a noise analysis, which will
identify specific mitigations, such as notification of
residents, relocation of residents, and and quieter
construction techniques.
In addition to these new requirements for environmental
review, a provision has been added to the revised Noise
Ordinance which will require that all development
projects located within 500 feet of any residence (or
other noise-sensitive land use) submit to the city a
list of construction equipment and, if it is determined
that construction noise will exceed 90 dBA at a distance
of 50 feet or greater, the use of equipment shall be
limited to between the hours of 10:00 a.m. and 3:00 p.m.
- 10 -
CHANGES RECOMMENDED BY THE PLANNING COMMISSION
After conducting a public hearing on the Draft Noise Element, the
Planning Commission recommended adoption with the following
changes:
1) Airport Noise: The Planning commission asked that
language be added to Action 1.4 to require that the Airport
Director prepare an annual report to the Airport Commission
summarizing community noise complaints and violations. This
language has been added.
2) Design Review and Mechanical Equipment: The Commission
requested that language be added to Action 3.3 to require
that all project plans show the location of mechanical
equipment (such as air conditioners and pool pumps) in
relation to adjacent noise-sensitive (i.e., residential land
uses). The language has been added to the Noise Element as
requested, and new language has also been added to the Noise
Ordinance (see section 4316) requiring that all development
applications include a) a list of mechanical equipment to be
placed outdoors, b) plans showing the location of the
equipment in relation to adjacent residential uses, and c)
the results of a applicant-sponsored test of the noise
produced by the equipment.
3) Motor vehiele Noise: Per the Planning Commission,
language has been added to Policy I to "encourage the Police
Department to enforce noise provisions of the Motor Vehicle
Code". In addition, a new action (Action 1.6) has been added
to require that an annual notice be given to all patrol
officers summarizing the provisions of the Motor Vehicle Code
with respect to motor vehicle noise.
4) Car Alarms: The Commission recommended that the City
Council consider a five-minute limit on the sounding of car
alarms. However, in the City Attorney's opinion, the City is
pre-empted in this regard by State law. No changes are
recommended as a result of this pre-emption.
5) Exemption from Sunday construction ban for single family
houses: The Commission recommended exempting resident-
builders in single family areas from the Sunday construction
ban. Staff does not support this recommendation due to the
enforcement difficulty of differentiating between R-l
construction and construction in other zones. In addition,
the noise associated with a resident-builder could
- 11 -
potentially be just as disruptive as that generated by a
contractor. This prohibition on Sunday construction has not
generated substantial opposition.
6) Speaker Boxes: The Planning commission recommended that
speaker boxes at drive-through restaurants be more
aggressively regulated. Staff feels that this is an
administrative issue and need not be addressed in the Noise
Element.
7) Auto-dealer P.A. systems: The Commission asked that the
P.A. systems used by the auto dealers in the City be
prohibited. However, staff feels that as long as these
systems do not produce noise which exceeds acceptable limits,
they should not be prohibited.
8) Other Recommendations: The Planning Commission asked that
the language of the Noise Element be modified to provide a
better explanation of the purpose of the element. Various
textual changes have been made to address this request.
The Draft Noise Element originally reviewed and approved by the
Planning commission contained a program that called for
implementing
a
self-monitoring
program
for
commercial
establishments which represent a continuous noise problem. Staff
proposed this program believing that
it
could
increase
accountability by commercial establishments and decrease time
required by City staff to respond to noise complaints.
However, since Planning Commission review of the Noise Element,
staff has further considered the self-monitoring program and
determined that there is a simpler method of achieving the
desired goal of obtaining compliance with City noise standards.
The simpler method which is based upon the method adopted as part
of the Main street Ordinance, consists of authorizing the City to
- 12 -
suspend or revoke an establishment I s business license if noise
standards are violated.
PUBLIC COMMENTS ON THE DRAFT ELEMENT AND INITIAL STUDY/NEGATIVE
DECLARATION
Copies of several letters submitted on the Draft Noise Element
are contained in Attachment D.
A few comments were also
submitted by telephone.
A summary of the comments along with responses by staff follow:
o Comment: Action 3.1, which proposes developing a
mediation program with the support of an agency other
than the City, will add another layer of bureaucracy,
hampering speedy resolution of noise problems.
Response: The purpose of the mediation program is to
provide a means of resolving noise problems that are
otherwise not resolved through objective noise
measurement. Noise problems which lend themselves to
objective measurement will continue to be handled
obj ecti vely. Thus, the mediation program would
supplement, not replace, the existing method of
resolving noise disputes.
o Comment: Action 3.3 in the Noise Element will require
that project plans for new commercial projects show the
location of outdoor mechanical equipment in relation to
other noise sensitive land uses. This requirement
should also apply to project plans for new residential
projects.
Response: Staff agrees that the proposed requirements
of Action 3.3 should also apply to residential
development. Thus, Action 3.3 has been revised to say,
"Require that new commercial and residential projects,
to be built near existing residential land uses,
demonstrate compliance with the city Noise Ordinance
prior to approval of the project... (etc.)."
o comm~nt: The City should consider a new standard that
reads as follows:
- 13 -
Any business that plays live or recorded music will
be considered in violation of the noise code if
their music can be heard in neighboring homes that
have their windows open.
Response: Staff believes this standard would be too
subjective. Just because a noise can be heard does not
mean that it is disturbing or detrimental. The city has
established objective criteria for measuring noise which
results in consistent, objective enforcement.
Furthermore, as indicated above, the city has modified
the provisions of the Noise Ordinance to allow the city
to suspend or revoke an establishment's business license
if a business continually violates the Noise Ordinance.
o Comment: Bars that discharge loud, rowdy, screaming
customers should be required to post personnel within a
designated proximity of the bar to supervise the quiet
exit of their customers.
Response: The existing provisions of the Noise
Ordinance which establish stricter noise standards after
certain hours in commercial districts already address
this issue. Furthermore, new development in the City is
required to comply with strict conditions of approval
concerning hours of operation and the serving of
alcoholic beverages. Staff also believes that many of
these issues will also be addressed in the formulation
of the City'S new alcohol policies.
o Comment: The city should consider creating a new
noise zone for mixed use areas that would take into
account the fact that residential uses lie in close
proximity to commercial uses.
Response: The difficulty with this proposal is that
most commercial zones in the City allow residential
uses, and the city anticipates an increase in the number
of residential uses in commercial zones. Thus, most
commercial zones in the city will become "mixed usen
zones. By their nature, commercial zones involve more
activity and generally produce more noise than
residential zones. This is why the maximum noise level
for commercial Zones is 60 dBA, as opposed for 50 dBA
for residential zones. staff does not believe that it
would be practical to reduce the allowable noise level
for commercial districts citywide, since many commercial
uses would not be able to comply with a lower standard.
- 14 -
OTHER NOISE ORDINANCE ISSUES
The changes to the Noise Ordinance, contained in Attachment A,
have been underlined so that they may be easily identified.
In addition to the changes described above, the Noise Ordinance
has been modified to permit the Zoning Administrator to suspend
or, after three or more violations, revoke an establishment's
business license. This new provision is intended to bring about
greater compliance with the Noise Ordinance, especially with
regard to the nighttime noise from commercial establishments.
ENVIRONMENTAL ANALYSIS
The Initial study Checklist proposed for the Noise Element
determined that the Noise Element would not have a significant
adverse effect on the environment (see Attachment B). The Noise
Element is a policy document. It does not involve any
construction or development activity. For this reason, a
Negative Declaration is being recommended for approval by the
City Council.
BUDGET/FINANCIAL IMPACTS
The recommendation in this report will not have a budget or
fiscal impact.
RECOMMENDATION
staff respectfully recommends that the City Council:
- 15 -
r
1) Conduct a public hearing on the Draft Noise Element,
Noise ordinance, and proposed Negative Declaration:
2) Approve the proposed Negative Declaration:
3) Adopt the attached Resolution of Intention to amend the
General Plan to include the proposed Noise Element.
4) Introduce for first reading the revised Noise Ordinance
Prepared By: Paul Ber1ant, Director of LUTM
Suzanne Frick, Planning Manager
Tad Read, Associate Planner
Land Use and Transportation Management Department
Program and Policy Development Division
Attachments:
A Revised Noise Ordinance
B Initial study Checklist and Proposed Negative
Declaration
C Resolution of Intention to Amend the Noise Element of
the General Plan
0 Letters from the public concerning the Draft Noise
Element
E Draft Noise Element, June, 1992
w/ccnoismt
- 16 -
ATTACHMENT A
.
O')IJ'."
" __l
CA:RMM:jld705{hpc{pc
City council Meeting 7-21-92
Santa Monica, California
ORDINANCE NUMBER
(City council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 3A OF
ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO THE REGULATION OF NOISE AND VIBRATION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 3A of Article IV of the Santa Monica
Municipal Code is am~nded to read as follows:
Chapter 3A. Noise.
SECTION 4301.
Declaration of Policy.
The
city council finds and declares:
(a)
In
order
to
control
unnecessary,
excessive, and annoying noise and vibration in the
city of Santa Monica, it is hereby declared to be
the policy of the City to prohibit such noise and
vibration generated from or by all sources as
specified in this Chapter.
(b) It is determined that certain noise
levels and vibration are detrimental to the public
health, welfare, and safety, and contrary to public
interest and, therefore, the city Council of the
city of Santa Monica does ordain and declare that
creating, maintaining, causing or allowing to be
- 1 -
created, caused, or maintained, any noise or
vibration in a manner prohibited by, or not in
conformity with, the provisions of this Chapter, is
a public offense and shall be punishable as such.
SECTION 4302. Definitions. The following
words and phrases as used in this Chapter shall have
the following meanings:
(a) Allowable Exterior Noise Equivalent
Level. The maximum noise level as measured in
decibels permitted ln a Noise Zone.
(b) Ambient Noise Level. The
all-encompassing noise level associated with a given
environment, being a composite of sounds from all
sources, excluding the alleged offensive noise, at
the location and approximate time at which a
comparison wit~ the alleged offensive noise is to be
made.
(c) A-weighted Sound Level. The total sound
level in decibels of all sound as measured with a
sound level meter with a reference pressure of 20
micro-pascals using the A-weighted network (scale)
at a slow response. The unit of measurement shall
be defined as dBA.
(d) Community Noise Officer. The person
designated by the city Manager to administer the
provisions of this Chapter.
- 2 -
(e) Cumulative Period. An additive period
of time composed of individual time segments which
may be continuous or interrupted.
(f) Decibel (dB). A unit which denotes the
ratio between two quantities which are proportional
to power: the number of decibels corresponding to
the ratio of two amounts of power is ten times the
logarithm to the base ten of this ratio.
(g) Emargency Machinery, vehicle, work, or
Alarm. Any machinery, vehicle, work, or alarm used,
employed, performed, or operated in an effort to
protect, provide, or restore safety conditions in
the community or for the citizenry, or work by
private or public utilities when restoring utility
service.
(h) Fixed Noise Source. A stationary device
which creates sounds while fixed or motionless,
including, but not limited to, residential,
agricultural, industrial, or commercial machinery,
equipment, pumps, fans, compressors, air
condi tioners, construction, or refrigeration
equipment.
(i) Grading. Any excavating or filling of
earth material or any combination thereof conducted
at a site to prepare said site for construction or
other improvements thereon.
- 3 -
(j) Hertz (Hz). The unit which describes
the frequency of a function periodic in time which
is the reciprocal of the period.
(k) Health Care Institution. Any hospital,
convalescent home, or other similar facility,
excluding residential care facilities which provide
health care, medical treatment, room, board, or
other services for the ill, retarded, or
convalescent.
(1) Impulsive Noise. A noise of short
duration usually less than one second and of high
intensity, with an abrupt onset and rapid decay.
(m) Intruding Noise Level. The total sound
level, in decibels, created, caused, maintained, or
originating from an alleged offensive source at a
specified location while the alleged offensive
source is in operation.
(n) Major Roadway. Any street, avenue,
boulevard, freeway, or highway used for motor
vehicle traffic by the public.
(0) Mechanical Equipment. Equipment such as
pool pumps, spa pumps, air conditioners, and
accessory equipment such as generators, ducts, and
vents.
(p)
Mobile Noise Source.
Any noise source
other than a fixed noise source.
- 4 -
(q) Person. A person, firm, association,
co-partnership, joint venture, corporation, or any
entity, public or private in nature.
(r) Simple Tone Noise. A noise
characterized by a predominant frequency or
frequencies so that other frequencies cannot be
readily distinguished. If measured, Simple Tone
Noise shall exist if the one-third octave band sound
pressure level in the band with the tone exceeds the
arithmetic average of the sound pressure levels of
the two contiguous one-third octave bands by: 5 dB
for frequencies of 500 Hz and above; by 8 dB for
frequencies between 160 and 400 Hz; and, by 15 dB
for frequencies less than or equal to 125 Hz.
(s) Sound Level Meter. An instrument
meeting Amerj can National Standard Institute's
Standard 81.4-1971 or most recent revision thereof
for Type 1 sound level meter or an instrument and
the associated recording and analyzing equipment
which will provide equivalent data.
(t) Sound Pressure Level. Twenty times the
logarithm to the base 10 of the ratio of the
pressure of the sound to a reference pressure shall
be explicitly stated.
(u) Vibration. Any movement of the earth,
ground, or other similar surface created by a
temporal and spacial oscillation of displacement,
veloci ty, or acceleration in any mechanical device
- 5 -
or equipment located upon, attached or affixed to,
or in conjunction with that surface.
SECTION 4303. Decibel Measurement criteria.
Any decibel measurement made pursuant to the
provisions of this Chapter shall be based on a
reference sound pressure of 20 micro-pascals as
measured with a sound level meter using the
A-weighted netNork (scale) at slow response.
SECTION 4304. Designated Noise Zones. The
properties hereinafter described are hereby assigned
to the fOllowing noise zones:
Noise Zone I. All noise or vibration sources
located within any residential (such as uR" or "0prr)
district created by Municipal Code Section 9103 or
any revisions thereto.
Noise Zone II. All noise or vibration sources
located within any commercial district (any "e"
district) , including any neighborhood commercial
district, created by Municipal Code section 9103 or
any revisions thereto.
Noise Zone III. All noise or vibration
sources located within any manufacturing or
industrial district (any 11M" district) as created by
Municipal Code Section 9103 or any revisions
thereto.
- 6 -
SECTION 4305. Exterior Noise standards.
(a) The following noise standards, unless
otherwise specifically indicated, shall apply to all
property with a designated noise zone during the
times indicated:
III
ALLOWABLE
EXTERIOR
NOISE
EQUIVALENT
TIME INTERVAL LEVEL
Monday through Friday:
12 am to 7 am and
from 10 pm to 12 am 50 dBA
7 am to 1.0 pm 60 dBA
saturday and Sunday:
1.2 am to 8 am and
from 10 pm to 12 am 50 dBA
8 am to 10 pm 60 dBA
12 am to 7 am and
from 10 pm to 12 am 60 dBA
7 am to 10 pm 65 dBA
Anytime 70 dBA
NOISE
ZONE
I
II
(b) For each Noise Zone, the allowable
exterior equivalent noise level shall be reduced by
5 dBA for impulse or simple tone noises, or for
noises consisting of speech or music.
If the
ambient noise level exceeds the allowable exterior
equivalent noise level standard, the ambient noise
level shall be the standard.
(c) Except as provided for in this Chapter,
it shall be unlawful for any person at any location
within the City to create any noise, or to allow the
- 7 -
creation of any noise on property owned, leased,
occupied, or otherwise controlled by such person,
which causes the noise level to exceed:
(1) The noise standard for the
applicable Noise Zone for a cumulative period of
more than 15 minutes in any twenty-tour hour period;
or
(2) A maximum instantaneous noise level
equal to the value of the noise standard plus 20 dBA
at any time and for any period of time.
SECTION 4306. Exemptions. The following
activities, unless otherwise specifically indicated,
shall be exempted from the provisions of this
Chapter:
(a) Ac~ivities conducted on public
public playgrounds, and public or private
grounds including, but not limited to,
athletic and school entertainment events.
(b) Outdoor gatherings, pUblic dances, shows,
and sporting and entertainment events, provided said
events are conducted pursuant to a permit or license
issued by the appropriate jurisdiction relative to
the staging of said events.
(c) Any alarm or emergency device, apparatus,
or equipment regulated by Municipal Code Sections
3960 through 3~70.
parks,
school
school
- 8 -
(d) Noise sources associated with the
installation, repalr, or replacement of utilities or
public services between the hours of 7:00 a.m. and
8:00 p.m., Monday through Friday, and between 9:00
a.m. and 8:00 p.m. on Saturday.
(e) Emergency work required to be performed
to protect persons or property following public
ca lami ty or t rom imminent exposure to danger or
hazards, including the restoration of utilities or
other public services following a storm, earthquake,
accident, or other like occurrence.
(f) Any activity regulated by Santa Monica
Municipal Code Section 10050 et seq. (Aircraft Noise
Abatement Code).
(g) Noise sources associated w1th activities
conducted by the city of Santa Monica, its agents,
and employees.
(h) Any activity to the extent regulation
thereof has be~n preempted by state or Federal law.
SECTION 4307. Schools, Churches, Libraries,
Health Care Institutions - Special Provisions. It
shall be unlawful for any person to create any noise
for any length of time which causes the noise level
when measured on the property of any school,
hospital, or similar health care institution,
church, or library while in use, to exceed the
prescribed noise standards specified in section 4305
- 9 -
for the Noise Zone in which the school, hospital,
church, or library is located.
SECTION 4308. Location of Noise Level
Measurement. The Community Noise Officer shall have
the sole discretion to select the location for
measuring exterior noise levels consistent with
standards established by American National standard
Specifications for Sound Meters.
SECTION 4309. vibration. Notwithstanding
other Sections of this Chapter, it shall be unlawful
for any person to create, maintain, or cause any
ground vibration which is perceptible without
instruments at any point on any affected property
adjolning the property on wh1ch the v1bration source
is located. For the purpose of this Chapter, the
perception threshold shall be presumed to be more
than 0.05 inches per second RMS velocity.
SECTION 4310. variance Procedure.
(a) The owner or operator of a no~se or
vibration source may file an application with the
Community Noise Officer for a variance from the
provisions of th1s Chapter. The owner or operator
shall set forth all information which demonstrates
that compliance with this Chapter would create an
unreasonable hardship on the applicant and shall
indicate all actions taken to comply w1th the
- 10 -
provisions of this Chapter, the reasons why
compliance cannot be achieved, a proposed method of
achieving compliance or of substantially reducing
the noise or vibration, and a proposed time schedule
for its accomplishment. The application shall be
accompanied by a fee in the amount of $75.00. This
fee may be revised from time to time by resolution
of the city Council. A separate application shall
be filed for each noise source or activity;
provided, however, that several mobile sources under
common ownership, or several fixed sources on a
single property may be combined into one
application.
(b) The Community Noise Officer shall hold a
public hearing on the application for a variance
within 45 days of its receipt by the Community Noise
Officer. No later than seven days prior to the
hearing, the Community Noise Officer or his or her
designate shall give notice of the t1me, place, and
purpose of such hearing by causing legal notice to
be published at least once in a newspaper of general
circulation and by giving written notice of such
hear ing to every known property owner, tenant, or
lessee within 300 feet of the exterior boundaries of
the property on which the noise source or activity
is located. The applicant for a variance shall be
responsible for supplying, at his or her expense,
the community Noise Officer with a verified list of
- 11 -
all persons and entities to be notified of the
hearing. With respect to each property, the
individual owner(s) shall be determined through
inspection of the records of the Los Angeles County
Assessor. Tenants or lessees to be notified shall
be determined through a site census of the affected
area. The Community Noise Officer shall have the
authority to promulgate rules and regulations for
the conduct of such public hearings including, but
not limited to, the taking of evidence and the
hearing of testimony. The owner of an offending
noise or vibration source shall remain subject to
prosecution under the terms of this Chapter for any
violation occupying prior to the granting of a
variance.
(c) An application for an extension of a
variance previously granted shall be subject to this
Chapter to the same extent as an initial application
for a variance.
(d) The Community Noise Officer shall
evaluate all applications for variances and may
grant variances or extensions subject to such terms,
conditions, and requirements as the officer may deem
reasonable to achieve compliance with the provisions
of this Chapter. Each decision on a request for a
variance or extension shall set forth in writing the
approved method of achieving compliance with this
Chapter and a time schedule, not to exceed one year
- 12 -
from the date of the decision, for achieving full
compliance with this Chapter. No variance or
extension shall be granted unless each of the
follow1ng findings are made:
(1) That strict application of this
Ordinance would result in unreasonable hardships
inconsistent with the general purpose and intent of
this Chapter.
(2) That there are exceptional
circumstances or condi tions applicable to the
property or activity involved that are unique to it
and that do not apply generally to other property in
the same Noise Zone.
(3) That the granting of a variance
would not be materially detr1mental to the persons
and property within the affected Noise Zones and to
public welfare.
(e) Any violation of the terms of said
variance shall be unlawful.
(f) A variance may be revoked if the
Community Noise Officer makes anyone or more of the
following findings:
(1) That the variance was obtained by
misrepresentation or fraud.
(2) That one or more of the conditions
of the variance have not been complied with.
- 13 -
(3) That the variance was issued in
contravention of state or federal law or any
ordinance of the city.
(g) Any person aggrieved by a decision of the
Community Noise Officer may appeal to the City's
Hearing Examiner pursuant to the time limits and
procedures of Section 6072 of the Santa Monica
Municipal Code. The decision of the Hearing
Examiner shall be final except for judicial review
and shall not be appealable to the City Council.
(h) All persons who appeal any decision or
order of the Community Noise Officer to the Hearing
Examiner shall pay a fee of $200.00 at the time the
appeal is filed. This fee may be revised from time
to time by resolution of the city council.
SECTION 4311. Noisy Animals. No person shall
keep, maintain, or permit any animal which barks,
yells or cries for more than five (5) minutes in any
one(l) hour period.
SECTION 4312. Restrictions in PUblic Parks or
Recreational Facilities.
(a) No person shall play any drum or other
percussion type instrument or device in or upon any
public park or recreational facility maintained by
the city of Santa Monica.
(b) No person shall play any audio or
electronic device including, but not limited to, any
- 14 -
radio, tape player, compact dlSC, musical
instrument, or electronic key board after 10:00 p.m.
or before 8:00 a.m. in or upon any public park,
beach, or recreational facility owned or maintained
by the city of Santa Monica.
(c) This Sectlon shall not prohibit the
playing of any drum, other percussion type
instrument, or any audio or electronic device in any
band or orchestra or other musical group which has
been granted permission to play or perform in or
upon a public park or other public facility by the
City.
SECTION 4313.
Restrictions on Demolition of
Buildings, Excavating, or Grading.
(a) No person shall engage in any demolition
activity during the following times anywhere in the
city:
(1) Before 8:00 a.m. or after 6:00 p.m.
on Monday through Friday, except that demolition
activities conducted by the employees of the City of
Santa Monica or public utili ties shall not occur
before 7:00 a.m. or after 6:00 p.m. on Monday
through Friday.
(2) Before 9:00 a.m. or after 5:00 p.m.
on Saturday.
(3) All day on Sunday.
- 15 -
(4) All day on New Years Day, Memorial
Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, and Christmas Day, as those days
have been established by the United States of
America.
(b) The noise level created by demolition
activity shall not exceed the allowable exterior
noise equivalent level specified in Section 4305 of
this Chapter, as applicable for the Noise Zone where
the activity occurs, plus 10 dBA.
(c) A permit may be issued authorizing
demolition activity during the times prohibited by
this Section whenever it is found to be in the
publ ic interest. The person obta ining the permit
shall provide notification to persons occupying
property within a perimeter of five hundred (500)
feet of the site of the proposed demolition activity
prior to commencing work pursuant to the permit.
Applications for such permit shall be in writing,
shall be accompanied by an application fee in the
amount of Twenty-Five ($25.00), and shall set forth
in detail facts showing that the public interest
will be served by the issuance of such permit.
Applications shall be made to the Building Officer;
prov ided , however, with respect to work upon or
involving the use of a public street, alley,
building, or other public place under the
jurisdiction of the General Services Department,
- 16 -
applications shall be made to the Director of
General Services. No permit shall be issued unless
the application is first approved by the Director of
General Services, the Building Officer, the Chief of
POlice, and the City Manager. Anyone dissatisfied
wi th the denial of such permit may appeal to the
City Council. The fees provided for in this section
may be revised from time to time by resolution of
the City Council.
(d) For purposes of this Section, "demolition
activity" includes:
(1) Operating or causing to be operated
any tool, machine, or other thing designed or used
for the demolition of any building or structure or
for the excavating or grading of any property or
part thereof.
(2) Permitting the operation of any
tool, machine, or other thing designed or used for
the demolition of any building or structure or for
the excavating or grading of any property or part
thereof upon any property owned, occupied, or
controlled by the person permitting such demolition
activity.
(3) The coming and going of any
vehicles bringing demolition equipment, materials,
or supplies to the site of the demolition activity
or the staging of such vehicles on any public
streets.
- 17 -
(4) The coming and go~ng of any food
services vehicles providing food services to persons
working at a site of demolition activity.
SECTION 4314. Restrictions on Construction,
Maintenance, or Repair of Buildings.
(a) No person shall engage in
construction activity during the following
anywhere in the City:
(1) Before 8:00 a.m. or after 6:00 p.m.
on Monday through Friday, except that construction
acti vi ties conducted by employees of the City of
Santa Monica or publ~c utili ties shall not occur
before 7:00 a.m. or after 6:00 p.m. on Monday
through Friday.
any
times
(2) Before 9:00 a.m. or after 5:00 p.m.
on Saturday.
(3) All day on Sunday.
(4) All day on New Years Day, Memorial
Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, and Christmas Day, as those days
have been established by the united States of
America.
(b) The noise level created by such
activities shall not exceed the allowable exterior
noise equivalent level specified in section 4305(a)
of this Chapter, as applicable for the Noise Zone
- 18 -
where the activity occurs, plus 10 dBA, except as
set forth in Sectlon 4314(c).
(c) Prior to project approval, all
development projects located within 500 feet of any
residential development or other noise sensitive
land uses must submit a list of equipment and
activities required during construction. In
particular, this list shall include the following:
(1) Construction equipment to be used,
such as pile drivers, jack hammers, pavement
breakers, or similar equipment.
(2) Construction activities such as 24
hour pumping, excavation, or demolition.
If it is determined that construction nOlse will
exceed 90 dBA at a distance of 50 feet or greater,
the use of the equipment which produces such noise
will be limited to between the hours of 10:00 a.m.
and 3:00 p.m.
(d) A permit may be issued authorizing
construction activity during the times prohibited by
this Section whenever it is found to be in the
public interest. The person obtaining the permit
shall provide notification to persons occupying
property within a perimeter of five hundred (500
feet of the site of the proposed construction
activl.ty prl.or to commenclng work pursuant to the
permit. Applications for such permit shall be in
writing, shall be accompanied by an application fee
- 19 -
in the amount of Twenty-Five Dollars ($25.00), and
shall set forth in detail facts showing that the
public interest will be served by the issuance of
such permit. Applications shall be made to the
Building Officer; provided, however, with respect to
work upon or involving the use of a public street,
alley / building, or other public place under the
jurisdiction of the General Services Department,
applications shall be made to the Director of
General Services. No permit shall be issued unless
the application is first approved by the Director of
General Services, the Building Officer, the Chief of
Police, and the city Manager. Anyone dissatisfied
with the denial of such permit may appeal to the
city Council. The fees provlded for in this section
may be revised from time to time by resolution of
the city Council.
(e) No permit is required to perform
emergency work necessary to restore property to a
safe condition following a public calamity or work
required to protect persons or property from an
imminent exposure to danger or hazards.
(f) For purposes of this Section,
"construction activity" includes:
(1) the operation of any tool, machine,
or equipment including, but not limited to, vehicles
and helicopters belng used by contractors or
- 20 -
subcontractors and their employees to carry out any
work for which a building permit is required.
(2) Performing any construction,
maintenance, or repair work on buildings or
structures.
(3) Any painting using motorized
equipment or any pa1nting that is part of the
construction activity for which a building permit
has been issued.
(4) The coming and going of any
vehicles bringing construction equipment, materials,
or supplies to the site of the construction activity
or the staging of such vehicles on any public
streets.
(5) The coming and going of any food
services vehicles provid1ng food serV1ces to persons
working at a site of construction activity.
SECTION 4315. Location, screening, and Noise
Measurements of Mechanical Equipment. In addition
to satisfying the requirements of section 9040.39 of
the Municipal code, all development project
applications must contain the following information:
(a) A list of all permanent mechanical
equipment to be placed outdoors.
(b) Plans showing the location of mechanical
equipment in relation to all immedlately adjacent
land uses. Mechanical equipment shall not be
- 21 -
located on the side of any building which is
adjacent to a residential building on the adjoining
lot. Roof locations may be used when the mechanical
equipnent is installed within a sound rated, parapet
enclosure.
(c) Final approval of any mechanical
equipment installation will require a noise test in
compliance with Section 4304 of this Ordinance.
Equipment for the test shall be provided by the
owner or contractor and the test shall be conducted
by the owner or contractor. A copy of noise test
results on mechanical equipment shall be submitted
to the Community Noise Officer for review to ensure
that noise levels do not exceed maximum allowable
levels for the applicable noise zone.
SECTION 4316. Nightclubs, Bars and
Establishments with Amplified Musie.
(a) All exits and entrances to all
nightclubs, bars and establishments with amplified
music shall be located only on commercial streets,
except that exits can be located on alleys which
abut commercial, manufacturing, or mixed use zones.
(b) Entrances and regular exits shall be
designed as two-door vestibules, so that only one
(1) set of doors is open at a time. Doors shall be
of solid core design. windows shall be constructed
with double-paned glass. However, if sound through
- 22 -
doors and windows is not sufficiently reduced to
comply with section 4305 of this Chapter, then sound
rated door and window assemblies complying with ASTM
E-90-87 shall be installed. Plans of the proposed
installation shall be submitted to the Building and
Safety Division for approval prior to construction.
Final approval of the installation will require the
passing of a noise level test and an inspection by
the Building and Safety Division and the Fire
Department.
(c) This Section shall apply to all
nightclubs, bars and establishments with amplified
music whose application for this type of use was
filed with the City's Planning Division on or after
September 1, 1992, or if no application is
necessary, to night clubs, bars and establishments
with amplified music constructed or substantially
remodeled after September 1, 1992.
SECTION 4317. criminal Remedies. Any person
violating any of the provisions of this Chapter
shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in an amount not
to exceed $500 or be imprisoned in the city Jail for
a period not to exceed 6 months or by both such fine
and imprisonment. Each day such violation is
committed or permitted to continue shall constitute
a separate offense and shall be punishable as such.
- 23 -
SECTION 4318. Additional Remedies.
(a) The violation of any provision of this
Chapter shall be deemed a public nuisance and may be
subject to abatement by the City Attorney or any
aggrieved person in any manner permitted by law
incl uding , but not 1 imi ted to, suit in a court of
competent jurisdiction. No provision of this
chapter shall be construed to impair or diminish any
common law or other statutory cause of action or
legal or equitable remedy available to the City or
to any person for injury or damage arising from
violation of this Chapter or from other law.
(b) The violation of this Chapter may be
grounds to suspend or to revoke any license or
permit issued by the City including, but not limited
to, the right or privilege to conduct any business
pursuant to Article VI of this Code as set forth as
follows:
(1) The zoning Administrator may
suspend a business license for up to thirty (30)
days or, as provided on Section 4318(b), may revoke
a business license issued pursuant to Article VI of
the Code, if the holder of the business license has
violated the provisions of this Chapter or the terms
and conditions of any permit or approval issued
pursuant to this Chapter.
(2) Upon a third violation of this
Chapter, or the terms and conditions of any permit
- 24 -
or approval within a three (3) year period from the
date of the first violation, the Zoning
Administrator may notify the person of the
revocation of the person's business license.
(c) Any notice of revocation or suspension
issued pursuant to this Section shall be final if no
appeal is timely filed pursuant to section 6072 of
this Code.
(d) In addition to other remedies, the
Community Noise Officer shall have the authority to
issue orders imposing civil and administrative
remedies for violations of this Chapter. These
remedies can include, but are not limited to, civil
penalties of up to $100.00 for an initial violation
of this Chapter, and penalties up to $500.00 for
each subsequent violation of this Chapter. A person
who fails to pay a civil penalty within thirty (30)
days after the issuance of an order to do so shall
pay a separate charge of ten percent (10%) of the
amount of the civil penalty.
(e) Any person assessed a penalty or who has
had his or her business license revoked pursuant to
this Section shall be entitled to appeal the
decision in accordance with the terms of section
4310(g) of this Chapter. with respect to any such
appeal the decision of the Hearing Officer shall be
final except for judicial review and shall not be
appealable to the City Council.
- 25 -
--
SECTION 4319. Interference with Enforcement.
No person shall interfere with, oppose, or resist
the taking of any noise measurement authorized by
this Chapter.
SECTION 4320. Noise Reduction in Project
Siting and Design. New development may only be
permitted if noise mitigation measures are taken in
project siting and design such that noise levels
meet the standards contained in the Interior and
Exterior Noise Standards Matrix as contained in the
Noise Element of the General Plan.
SECTION 4321. posting of construction Signs.
(a) There shall be displayed at every site
covered by this Chapter where work activities
requir ing a CJ.. ty permit and costing in excess of
$10,000 are being conducted, a sign in English and
Spanish reading substantially as follows:
"Attention All Employees and Subcontractors, Santa
Monica construction/demolition work times are:
Monday through Friday, 8:00 a.m. until 6:00 p.m.;
Saturday, 9:00 a.m. until 5:00 p.m.; Sundays and
holidays, not work permitted." In addition, the
sign shall indicate the city telephone numbers where
violations of this Section can be reported, the
location of the job site, and the permit number
issued author1zing the work.
- 26 -
~
(b) Signs requ1red by this section shall be
continually placed prominently at all entrances to
the work site so that they are clearly visible to
the public and to all employees, contractors,
subcontractors, and all other persons performing
work at the site, so long as activity covered by
this section is occurring.
(c) Each sign required to be displayed
pursuant to this section shall be obtained from the
Building and Safety Division. The Building and
Safety Division shall charge for each sign a fee
equal to the City'S cost of printing the sign.
(d) Each Department or agency of the city
that is required to inspect the work site is
directed only to inspect sites which comply with
this section.
(e) This Section shall apply to construction
pursuant to any building permit issued after the
effective date of this Ordinance.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance. Except as expressly
provided for herein, the provisions of this Chapter shall not
repeal Santa Monica Municipal Code Sections 3970 (Motor Vehicle
- 27 -
.
Alarms), 31010 (Police permits), 4400 et seq. (Private Dancing
Parties), and 10050 et seg. (Aircraft Noise Abatement Code).
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City Council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional -without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 3. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney
- 28 -
ATTACHMENT B
Q,r', ''"''
~. ~ _ 4
Exhibit 'B
INITIAL STUDY AND NEGATIVE DECLARATION
FOR THE
NOISE ELEMENT OF THE GENERAL PLAN
P~blic Comment period:
September 21 - October 23, 1989
Contact Person:
John Read, Associate Planner
Program and Policy Development Division
1685 Main street
Santa Monica, CA 90401
213/458-8585
fl'l'!'-i
v-.,.;..... ..'-
Introduction to Initial study Checklist
The Initial study Checklist is used to make an initial
determination whether a project--in this case, the Noise
Element--may have a significant impact upon the environment. If
it is determined that a project will not have a significant
effect on the environment, a Negative Declaration is prepared.
The Noise Element of the General Plan is a policy document,
intended to serve as a guide for establishing land use patterns
that minimize exposure of community residents to excessive noise.
The Noise Element does not involve any construction or
development activity. For this reason, most items on the Initial
study or checked uno", and just a few are checked "maybe". An
explanation of all responses on the Initial study checklist are
provided in the .loiscussion of Environmental Evaluation".
Be~ause it has been determined that the proposed Noise Element
will have no significant adverse impacts upon the environment, a
Negative Declaration has been proposed. Following the public
review period, the city council will determine whether a Negative
Declaration continues to be appropriate for this project.
The Public Comment period on this Initial study extends from
wednesday, September 20 to Friday, October 20, 1989. Please send
your comments to the attention of Associate Planner John Read, %
The Planning Division, 1685 Main street, Santa Monica, CA, 90401.
If you have any questions about this project, please call John
Read at 458-8585.
O')~'J
~ - -
CITY OF SANTA MONICA IS No. 912
CITY PLANNING DIVISION
City Hall, 1685 Main Street, Santa Monica, California 90401-3295
INITIAL STUDY
AND
NEIGHBORHOOD IMPACT STATEMENT
DATE FILED 9/19/89
I. BACKGROUND
1. Name of Applicant City of Santa Monica
2. Address and Phone Number of Proponent
1685 Main Streett Santa Monica, California 90401
(213) 458-8585
3.
Project Address
entire City of Santa Monica
Name of Proposal, if applicable Noise Element Update
4. Initial study Prepared by John Read, Associate Planner
II. ENVIRONMENTAL IMPACTS
(Explanations of all
sheets.)
answers are required on attached
Yes Maybe No
1. Earth. will the proposal result in:
a. Unstable earth conditions or in
changes in geologic substructures?
x
b. Extensive disruptions, displace-
ments, compaction or overcovering
of soil?
x
c. Extensive change in topography of
ground surface relief features?
x
d. The destruction, covering or
modification of any unique
geological or physical features?
x
- 1 -
Gj=j.~J
'::ITY OF SANTA MONICA IS No. '1/ L
CITY PLANNING DIVISION
City Hall, 1685 Main street, Santa Monica, California 90401-3295
Yes Maybe No
e. Considerable increase in wind or
water erosion of soils, either on
or off the site?
x
f. Changes in deposition or erosion
of beach sands, or changes in
siltation, deposition or erosion
which may modify the bed of the
ocean or any bay or inlet?
x
g. Exposure of people or property
to geologic hazards such as
earthquakes, landslides, mud-
slides, ground failure, or
similar hazards?
x
2. Air. will the proposal result in:
a. considerable air emissions or
deterioration of ambient air
quality?
x
b. The creation of objectionable
odors?
x
c. Substantial alteration of air
movement, moisture, or temperature,
or any change in climate, either
locally or regionally?
x
d. Expose the project residents to
severe air pollution conditions?
x
3. Water. Will the proposal result in:
a. Changes in currents, or the
course of direction of water
movements, in either marine or
fresh waters?
x
b. Extensive changes in absorp-
tion rates, drainage patterns,
or the rate and amount of
surface runoff?
x
c. Alterations to the course or
flow of flood waters?
x
- 2 -
G -f"i. ,.... -- ~
· J_' -.J .1
117
CITY OF SANTA MONICA IS No. L-
CITY PLANNING DIVISION
C1ty Hall, 1685 Main street, Santa Monica, California 9040~-3295
Yes Maybe No
d. Substantial change in the amount
of surface water in any water
body?
x
e. Discharge into surface waters,
or in any alteration of surface
water quality, including but
not limited to temperature,
dissolved oxygen or turbidity?
f. Alteration of the direction or
rate of flow of ground waters?
x
x
g. Change in the quantity of ground
waters, either through direct
additions or withdrawals, or
through interception of an
aquifer by cuts or excavations?
x
h. Considerable reduction in the
amount of water otherwise avail-
able for public water supplies?
i. Exposure of people or property
to water related hazards such
as flooding or tidal waves?
x
x
4. Plant Life. will the proposal result in:
a. Change in the diversity of species
or number of any species of plants
(including trees, shrubs, grass,
crops, and aquatic plants)?
x
b. Reduction of the numbers of any
unique, rare or endangered
species of plants?
x
c. Introduction of new species of
plants into an area, or result in
a barrier to the normal replen-
ishment of existing species?
x
- 3 -
QA"-'
lJ~~~
'//7
CITY OF SAN'l'A MONICA IS No. (...-
CITY PLANNING DIVISION
city Hall, ~685 Main street, santa Monica, California 90401-3295
Yes Maybe No
5. Animal Life. Will the proposal
result in:
a. Change in the diversity of
species, or number of any species
of animals (birds, land animals
including reptiles, fish and
shellfish, benthic organisms or
insects)?
x
b. Reduction of the numbers of any
unique, rare or endangered
species of animals?
x
c. Introduction of new species of
animals into an area, or result
in a barrier to the migration
or movement of animals?
x
d. Deterioration of existing fish
or wildlife habitats?
x
6. Energy. will the proposal result in:
a. Use of considerable amount of
fuels or energy?
x
b. Considerable increase in demand
upon existing sources of energy,
or require the development of
new sources of energy?
x
7. Natural Resources. will the proposal
result in:
a. Considerable increase in the rate
of use of any natural resources?
x
b. Considerable depletion of any
nonrenewable natural resource?
x
8. Noise. will the proposal result in:
a. Considerable increases in existing
noise levels?
x
b. Exposure of people to severe
noise levels?
x
- 4 -
O " ,.. .. ~
I J _: ~ j
CITY OF SANTA MONICA IS No. -71 Z--
CITY PLANNING DIVISION
City Hall, 1685 Main street, Santa Monica, California 90401-3295
Yes Maybe No
9. Light and Glare. will the proposal
produce considerable new light or glare
from street lights or other sources?
x
10. shadows. Will the proposal produce
extensive shadows affecting
adjacent uses or property?
x
11. Risk of Upset. Will the proposal
involve:
a. A risk of an explosion or the
release of hazardous substances
(including, but not limited to,
oil, pesticides, chemicals or
radiation) in the event of an
accident or upset conditions?
x
b. Possible interference with an
emergency response plan or an
emergency evacuation plan?
x
12. Human Health. will the proposal
result in:
a. Creation of any health hazard
or potential health hazard
(excluding mental health)?
b. Exposure of people to potential
health hazards?
x
x
c. Considerable adverse impact on
health care services?
x
13. population. Will the proposal
result in:
a. Considerable change in the distri-
bution, density, or growth rate of
the human population of an area?
x
b. The relocation of any persons
because of the effects upon
housing, commercial or industrial
facilities?
x
c. The relocation or dislocation
of employment or businesses?
x
- 5 -
0.... ".+. 1
, J I} -v -I
'1/Z
CITY OF SANTA MONICA IS No.
CITY PLANNING DIVISION
City Hall, 1685 Main street, Santa Monica, California 90401-3295
Yes Maybe No
14. Land Use. will the proposal result in:
a. A considerable alteration of the
present or planned land use of
an area?
x
b. Demolition, relocation, or
remodeling of residential, com-
mercial or industrial buildings
or other facilities?
x
15. Housing. will the Proposal:
a. Create a considerable demand for
additional housing?
x
b. Have a considerable adverse impact
on the available rental housing
in the community?
x
16. Right of Way. Will the proposal
result in:
a. Reduced lot area?
x
b. Reduced access?
x
c. Reduced off-street parking?
x
d. Creation of abrupt grade dif-
ferential between public and
private property?
17. Transportation/Circulation. will
the proposal result in:
x
a. Generation of considerable
additional vehicular movement?
x
b. Substantial effects on
existing parking facilities, or
demand for new parking?
x
c. Considerable adverse impact upon
existing bus transit systems?
x
d. Alterations to present patterns
of circulation or movement of
people and/or goods by changes
to roadways?
x
- 6 -
OJ~:~J
C-l1 7
CITY OF SANTA MONICA IS No. v
CITY PLANNING DIVISION
city Hall, 1685 Main Street, Santa Monica, California 90401-3295
Yes Maybe No
e. Alterations to waterborne, rail
or air traffic?
x
f. Considerable adverse impact on
traffic safety to motorists,
bicyclists or pedestrians?
x
18. Utilities. will the proposal
result in a need for new systems,
or major alterations to the
following utilities:
a. Power or natural gas?
x
b. Communications systems?
x
c. Water?
x
d. Sewer or septic tanks?
x
e. Storm water drainage?
x
f. Solid Waste and disposal?
x
19. PUblic Services. Will the proposal
have a considerable effect upon, or
result in a need for new or altered
governmental services in any of the
following areas:
a. Fire protection?
x
b. Police protection?
x
c. Schools, including
pre-schools or child care?
x
d. Parks or other recreational
facilities?
x
e. Maintenance of public facil-
ities, including roads?
x
f. other governmental services?
x
20. Construction Effects. will the
proposal have considerable construc-
tion-period impacts due to the scope, or
location of construction activities? X
- 7 -
O ,... ,.. .... "
I J ,} _, 0
71 ?
CITY OF SANTA MONICA IS No. L-
CITY PLANNING DIVISION
city Hall, 1685 Main street, Santa Monica, California 90401-3295
Yes Maybe No
21. Fiscal. Will the proposal have a
considerable fiscal effect on the
City?
22. Recreation. will the proposal result
in a considerable impact upon the
quality or quantity of existing
recreational opportunities?
x
x
23. Cultural Resources.
a. will the proposal result in the
alteration of or the destruc-
tion of a prehistoric or his-
toric archeological site?
x
b. will the proposal result in
adverse physical or aesthetic
effects to a prehistoric or
historic building, structure,
or object?
x
c. Does the proposal have the
potential to cause a physical
change which would affect
unique ethnic cultural values?
x
d. will the proposal restrict
existing religious or sacred
uses within the potential
impact area?
x
24. Aesthetics. will the proposed
project result in:
a. The obstruction of any scenic
vista or view open to the public?
x
b. The creation of an aestheti-
cally offensive site open to
public view?
x
c. The destruction of a stand of
trees, a rock outcropping or
other locally recognized desir-
able aesthetic natural feature?
x
d. Any substantial negative
aesthetic effect?
- 8 -
O ,.. r" ~... .....-1
I ,\ '
__ ~ f
CITY OF SANTA MONICA IS No. ell Z
CITY PLANNING DIVISION
city Hall, 1685 Main Street, Santa Monica, California 90401-3295
Yes Maybe No
25. Neighborhood Effects. will the
proposal have considerable effects
on the project neighborhood?
x
26. Mandatory Findings of significance.
a. Does the project have the poten-
tial to degrade the quality of the
environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self
sustaining levels, threaten to
eliminate a plant or animal commun-
ity, reduce the number or restrict
the range of a rare or endangered
plant or animal or eliminate
important examples of the major
periods of California history or
pre-history?
x
b. Does the project have the poten-
tial to achieve short-term, to
the disadvantage of long-term,
environmental goals?
x
c. Does the project have impacts
which are individually limited,
but cumulatively considerable?
x
d. Does the project have environ-
mental effects which will cause
substantial adverse effects on
human beings, either directly
or indirectly?
x
III. DISCUSSION OF ENVIRONMENTAL EVALUATION
(See attachment)
IV. DETERMINATION
(See attachment)
legal/NEis
09/18/89
- 9 -
0,.. "', .. '/
J,_' J
DISCUSSION OF ENVIRONMENTAL EVALUATION
The following explains answers to all responses on the preceding
Initial study Checklist:
1) Earth. The Noise Element does not involve development or
construction activity, and therefore will have no impacts upon
the earth.
2) Air. The Noise Element does not involve development or
construction activity and therefore will have no impact on air
quality.
3) Water. The Noise Element does not involve development or
construction activity and therefore will have no effect upon the
c~ty's water resources or the potential for flooding.
4) Plant Life. The Noise Element does not involve development or
construction activity and therefore will have no effect upon
plant life.
5) Animal Life. The Noise Element does not involve development
or construction activity and therefore will have no effect on
animal life.
6) Energy. The Noise Element does not involve development or
construction activity and therefore will have no effect upon fuel
or other energy sources in the City.
7) Natura~ Resources. The Noise Element does not involve
development or construction activity and therefore will not
involve the use of natural resources.
8) Noise. The overall effect of the Noise Element should be to
minimize noise levels in the city. The proposed Noise Element
presents several policies and programs intended to reduce noise.
Examples of these include the following:
1) Coordinating with CALTRANS to complete the installation of
freeway noise barriers (Action 1.1).
2) Establishing acceptable limits for noise for various land
uses throughout the city and implementing these standards
through the development review process (Action 2.1).
3) Revising the existing Noise Ordinance to address observed
difficulties in enforcing the existing Noise Ordinance, such
as instituting a ban on gas powered leaf blowers (Action
3.2) .
4) Exploring the possibility of a self-monitoring program for
commercial establishments that are continuous sources of
noise, particularly restaurants and late-night entertainment
(Action 3.4).
- 1 -
0""'" '" ... r'"
J '_~ - j
5) Incorporating prov~s~ons into the Noise Ordinance to
require a construction noise alternative analysis as part of
EIR's for large projects (Action 4.1).
9) Light and glare. The Noise Element does not involve
development or construction activity and therefore will not
result in any increase in light or glare in the city.
10) Shadows. Erecting noise walls along the freeway could have
slight shadowing effects on adjacent properties. However, since
these walls rarely exceed 8 or 10 feet in height, these impacts
would are not likely to be significant.
11) Risk of Upset. The Noise Element will not call for the use
of any hazardous materials, nor will it present any proposals
that would affect emergency evacuation plans.
12) Human Health. The Noise Element will promote an improvement
in human health, to the extent that it promotes the mitigation of
unhealthy noise levels (see examples of noise policies listed in
#8 above).
13) population. The Noise Element contains no policies that
would promote the relocation or dislocation of any residences or
businesses, or affect the distribution, density, or growth rate
of the population.
14) Land Use. While the proposed Noise Element requires noise
mitigation for new land uses that are located in noise sensitive
areas, and possibly mitigation during construction of project
involve pile driving, night-time hauling, blasting, and 24-hour
pumping, it will not alter land use patterns in the city or
require any demolition, relocation or remodeling of existing
buildings in the city.
15) Housing. The Noise Element contains no policies that would
affect demand for housing or affect the availability of rental
housing.
16) Right of Way. The revised Noise Element contains no policies
that would affect lot area, access, off-street parking, or grade
differences between public and private parking.
17) Transportation/Circulation. The revised Noise Element
contains no policies that would promote additional vehicular
traffic, affect demand for parking, alter present patterns of
circulation or movement by changes to roadways, alter waterborne,
rail, or air traffic, or adversely affect the safety of
motorists, bicyclists or pedestrians.
18) utilities. The Noise Element will not call for any changes
to the water, wastewater, utility or communication systems in the
City.
19) Public services. The Noise Element will not call for any new
or altered governmental services in Fire Protection, Schools,
- 2 -
O~060
Maintenance of public facilities, or other public services.
However, it may call for an increased role for the Police
Department in the enforcement of the Noise Ordinance.
20) construction Effects. The Noise Element proposes that during
the environmental review process all projects requiring extensive
construction prepare a construction noise alternatives analysis
to examine potential noise mitigation measures. Some of these
measures might require relocation of residents during
construction, quieter but costlier construction techniques,
developer reimbursement to the City of 24 hour on-site inspection
to verify compliance with required mitigation, and notification
of residents of time, location and duration of construction.
However, these potential requirements should not significantly
affect project construction periods.
21) Fiscal. Potential costs associated with implementation of
the Noise Element include 1) installation of noise barriers along
the freeway, 2) City staff time involved in implementing the new
policies and implementation actions of the Noise Element.
However, the cost of the construction of freeway noise barriers
will be borne by CALTRANS, which has already budgeted for this
activity, and the administrative costs of implementing the Noise
Element should be accommodated within the existing budget.
22) Recreation. The Noise Element contains no policies that
would affect upon existing recreational opportunities.
23) Cultural Resources. The Noise Element contains no policies
that would affect any prehistoric or historic archaeological
sites or structures, cause physical change which would affect
unique ethnic/cultural values, or restrict any existing religious
or sacred uses.
24) Aesthetics. Although the erection of freeway noise barriers
could cause minor obstruction of views, no major panoramic views
or scenic corridors would be obstructed.
25) Neighborhood Effects. The Noise Element should have only
positive environmental impacts upon neighborhoods, to the extent
that it promotes reduction in ambient noise.
26) Mandatory Findings of Significance. Based upon the
foregoing, it is concluded that the Noise Element update will
have no significant negative impacts upon the environment.
w/NEISdisc
- 3 -
Or:,..^.t-
I'" 1-
~ - ~
CITY OF SANTA MONICA IS NO. 912
CITY PLANNING DIVISION
city Hall, 1685 Main Street, Santa Monica, California 90401-3295
NEGATIVE DECLARATION
An application for a NEGATIVE DECLARATION to carry out the
following project: Update of the Noise Element of the General
Plan
on
property
located
throughout
the
city
in the City of Santa Monica, California, having been filed by
the Program and Policy Development Division, on September 19,
1989, and the application having been reviewed by the Land Use
and Transportation Management Department in accordance with the
procedures established by Resolution 6694 (CCS), therefore, the
Department hereby finds that:
1. The proposed activity does constitute a project within
the meaning of the California Environmental Quality Act
of 1970, as amended.
2. The proposed activity is not exempt from the provisions
of such act by reason of being a ministerial,
categorically exempt or emergency activity.
3. The proposed activity does not appear to have a
substantial adverse effect upon the environment.
4 . Inasmuch as it can be seen with reasonable certainty
that no substantial adverse effect is involved, no
proper purpose would be served by the preparation of an
Environmental Impact Report.
5. A Negative Declaration document is the proper, correct
and appropriate procedure required to assure compliance
with the purpose and intent of the California
Environmental Quality Act of 1970, as amended.
The Department, therefore, has determined that the proposed
project does not have a significant effect on the environment and
that an Environmental Impact Report is not required. Following
the public review period, the decisionmaking body is required to
consider whether or not a Negative Declaration continues to be
appropriate.
O 1"', "', '." '"'"I
~_.,.,fw
- 1 -
. CITY OF SANTA MONICA I S NO. 912
CITY PLANNING DIVISION
city Hall, 1685 Main street, Santa Monica, California 90401-3295
Date: 711'11~ l--
I~v'~
DIRECTOR OF LAND USE AND
TRANSPORTATION MANAGEMENT DEPT.
legal/FINNEneg
07/09/92
r."'''~3
1.1J-.;
- 2 -
..
AITACHMENT C
f" " ~ " -
e J '-' .; ,)
. .
..
httALHM6" ioJi C
r
RESOLUTION NO. 8442(CCS)
(Clty Councl1 Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING THE KOlSE ELEMENT OF THE GENERAL PLAN
WHEREAS,
Callforn~a
Government
Code
Sect~on
65302(f)
requlres that each local jurisdiction adopt a Noise Element as
part of the General Plan WhlCh shall identlfy and appraise noise
problems ln the co~nun~ty; and,
WHEREAS, Santa Monlca's eXlstlng NOlse Element was adopted
by the Clty Councl1 in 1975; and,
WHEREAS, on December 12, 1988, a public workshop was held to
identlfy nOlse lssues and concerns ln the city; and,
HHEREAS, from September 20, 1989 to October 20, 1989, the
draft NOlse Element was made available for public reVlew; and,
WHEREAS, on November 29, 1989, the Planning commission
conducted a public hearIng on the draft NOlse Element; and,
WHEREAS, the Draft Noise Element analyzes and quantlfies
noise levels and the extent of nOlse exposure ln the community
and establlshes policies and programs to mlnlmlze the exposure of
communlty resldents to exceSSIve noise; and
WHEREAS, It has been determined that the project wlll have
no substantIal adverse impact on the environment and a Negative
Declaratlon has been prepared,
- 1 -
~
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
The document entitled Noise Element attached
hereto as Exhiblt A and incorporated herelD by thlS reference is
hereby adopted and certified as the official NOlse Element of the
General Plan for the city of Santa Monica and thus replaces the
Noise Element adopted In 1975.
SECTION
2.
The
city
Councll
certifles
that
the
envlronmental review for the project was conducted in full
compllance wlth State and city CEQA GUldellnes.
SECTION 3. The Clty Clerk shall certify to the adoption of
thlS Resolutlon, and thenceforth and thereafter the same shall be
lD full force and effect.
APPROVED AS TO FORM:
1.'1 --..: ... '-- ~~........~
'I ""'1r~ rt' '" · ..... .... 0 -
ROBERT M. MYERS
Clty Attorney
legal/Noisreso
- 2 -
..
Adopted and approved this 21st day of July, 1992.
--l~ ~
\ i: ~ e.v\CfLJv...yLC
~ Mayor
\
i
I
..
'\.
.~
I hereby certify that the foregoing Resolution No. 8442(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on July 21, 1992 by the followJ.ng
Council vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Olsen,
VaztJU~i"
Noes: Councilmembers: None
Abstain: councilmembers: None
Absent: Councilmembers: Katz, Zane
ATTEST:
J~;(' iJ.~
_. City-Clerkl
Exhibit n
LETTERS FROM THE PUBLIC
CONCERNING THE DRAFT NOISE ELEMENT
G'I""')
..... _ :t ,
October 17, 1889
LTohn R~3.d
Plannlng Dlvls10n
1685, Ma~n Street
Santa Monica. CA 90401-3295
Here are mv comments on no~se problems'
Many nOlses bother me. but ~v two blg~est complaints are car alarms and
gardener's blowers
C3r alarms WhlCh are set off by motlon should not be allowed
P3rkln~ structure seems to have at least one alarm blarlng I
no+. Ilke the alarms that rhymthmlcallv emlt h2gh pitched beeps
you know "thlS car 1S protected"
Ev€:ry
also do
to let
I detest ~ardener's blowers. At least three mornlngs a week, 1 spend
the hour between 7-8am deafened my neighbor's gardeners (One ne1ghbor
is ~ranklin Elementary School.) Not only do these mach2nes make a ton
of n0158, they blow dirt around (I've heard them referred to as leaf
relocators) What happened to rakes and brooms?
Thank YOLl,
~~~
Dorothy Baumann
2316D Montana Ave
Santa Monlca. CA 90403
0" ,.. ~I "J
I 1-'
- - ,
17 October 1989
Mr. Reaj
Associate Planner
Planning DIvisIon
1685 Maln St.
Santa MonIca. CA. 90401
RE: NQ~~~_gl~ID~n~_g~n~~21_flan
We do not belIeve that the liQi~~_gl~m~ni_of_ih~_
~~n~~21_f12n goals, policies and implementation goes
far enough in addressIng the the problem of noise
from Santa MODica Airport.
In this plan the only action is to continue
monitoring -- We would like to propose that we
initiate some steps to reduce the amount of noise
residents near the airport and in the flight pattern
must endure.
We feel there are a number of actions that could be
taken to decrease the noise events. that by the
airport's management own admission exceed the
already established noise limits.
We would like an opportunity to recommend further
ACTIONS_~liQ_gQ~1~ to be included in the Noise
Element General Plan.
We look forward to the opportunity to communicate
these suggestions at your next meeting.
S~~evbl~
Sharon Rubin
';t\ 0 ~t.-J
~n.~ frpn'~ t~ ~01 t)S-
/
1>~ ~ - b 19 J-
n'1 '": h ~
..., '-'... J
Concerned Homeowners
of Santa Monica
1917 WIlshire Blvd.. SUite IS3 . Santa Momca. CalifornIa 90403 . (213) 829-6942
October 23, 1989
John Read, Assoc1ate Planner
1685 Main Street
Santa Monica CA 90401
Dear Mr. Read,
The Noise Subcommittee of Concerned Homeowners of Santa Mon1ca
has rev1ewed the Draft Noise Element, and we have a few
suggestions for the f1nal N01se Element. The five ma1n sources
of the ever-1ncreas1ng noise 1n Santa Monica's resident1al
neighborhoods are traff1c, construction, gardeners' machines,
swimming pool and spa pumps, and a1r cond1t1oners/pur1f1ers.
1. The consultants' recommended Actions 1.1 through 1.5 seem to
address the problem of traffic n01se as well as it can be in
a noise element.
2. Most residents, we bel1eve, would support changing the
weekday construction start time from 7 a.m. to 8 a.m. The
fact that the construction trades like to start work early
and finish early in the afternoon really shouldn't be what
determines the t1mes the C1ty allows them to make noise. The
fact that many res1dents are not awake at 7 a.m. should be
the overrid1ng cons1deration. Even in the winter, starting
construct1on at 8 a.m. still allows for a full eight-hour day
before it gets dark. Having builders transfer an hour of _
n01se from the early morning, when it 1S relatively qU1et and
some people are asleep, to the mid-afternoon, when it 1S
noisier and most people are awake, makes sense to us, and we
think the N01se Element and Ordinance should be amended
accordingly, with the suggestion being added to Act10n 4.1.
3. We reached no consensus on gardeners' blowers, but we're
sending an opinion survey out to all homeowners this month,
and we'll ask people whether they would like to see a ban.
4. Our committee was glad to see the problem of a1r conditioners
and swimming pool and spa pumps addressed specifically 1n
the draft element, but we don't think the suggestions go
far enough. Action 3.1 says the Noise Ordinance should be
amended to protect people from non-transportation related
noise, but it doesn't give one idea how to do it, except
CTfCl5M JiIOAJlD OF D/Rbc.."Lc.NlS
Do.u ~
DeJIa Bumt
RDl( 4 C&rolp: c.cu..
lury a; Lors Dulap
~ a; Lots G..-
UN. G_
leu Aaa HoIbnIot
HerttJ:atz:
Tl* a: ~ l.aImOC'e
PacMiIle&"
Mid&Hl 4c p~., Ped......
leu SedilkII
En.e 1\on.ber
lAny 4 ltUnlya V~
Q =, C, ... J
CHOSM suggest10ns for N01se Element, page 2
med1at10n. When a neighbor's spa pump 1S dr1ving you crazy
and he won't do anyth~ng about lt, it's fine to start with
mediatlon, but our commlttee d1dnrt understand why Action 3.1
suggests that the C1ty develop a med1at1on program "with the
support of an agency other than the CJ.ty.1I Isn't it the
city's responsib1lity to see that 1tS laws are enforced?
Does the consult1ng f1rm see itself as the supporting agency?
Add1ng another layer of bureaucracy here only makes it harder
for the vict1m to get any satlsfaction--more forms to fill
out, meetings -to set up, delay, etc.
Res1dents deserve spec1flc protection in the Noise Ordinance
from having to l1sten to their ne1ghbors' machinery day in
and day out. The machJ.nery should be creating no more than
50 dBA at the boundary of the ne1ghbors' property, because
1t'S obv1ous that at one t1me or another the machinery will
be operated between the hours of 10 p.m. and 7 a.m. If the
cJ.ty n01se off1cer measures the sound and it is louder, the
owner must enclose the machinery, move it, or whatever it
takes, to reduce the noise level before he uses the machinery
again.
One easy way to br1ng about compl1ance whenever a build1ng
permit is involved 1S to review residentJ.al projects' plans
with the N01se Ord1nance ln m1nd, just as the Draft Noise
Element's ActJ.on 3.3 suggests be done for commercial proJects
near residentJ.al areas. This review would probably thwart
the common practice of locating pool pumps as close as
possible to the neighbor's yard (so he will have to listen to
the noise 1nstead of you). With such a requ1rement for
review, more enclosures for the machinery would also probably
be incorporated 1n the bU1ld1ng plans from the start, making
it much less expensive to mitigate the sound than if a
separate structure has to be built later after a neighbor has
~omplained.
Another easy way to J.nsure compl1ance is not to sign off any
proJect that includes any machinery l1ke an air cond1tioner
or pool pumps until it passes a "sound check.1I If a finished
house did not comply with some building code or with our city
Zoning Ordinance, it would not be signed off; not complying
with the Noise Ord1nance should be treated exactly the same
way. The burden should not be on the surrounding residents
to complain once a noise-generating project is completed; it
should be on the city to ensure that such a project isn't
deemed complete until the noise it generates is below 50 dBA.
This problem is only going to intensify in the coming years,
as more lot space is filled with structures to bounce the
sound into neighbors' yards (rather than landscaping to
buffer it). The new basement craze in the R-l areas will
also necessitate more air conditioners, since these rooms
n".::-:l
.....--.__~l,
CHOSM suggest~ons for No~se Element, page 3
will have no windows, and the space ~s not Just be~ng used
for garages. (One lot on 22nd Street has about 6,000 square
feet of basement space dug out.) Therefore, we recommend
that a new Act~on 3.4 ~n the Draft Noise Ord~nance
1ncorporate the provisions in the three preced~ng paragraphs,
and the present Action 3.4 be changed to Action 3.5.
We make these suggestions ~n response to var~ous horror stor1es
that homeowners have told us about how they can't sleep at night,
how their kids canlt study in the~r own rooms, how people who
work at home cantt concentrate because of the~r neighbors'
mach~nerr. Stor1es of uncooperative ne1ghbors also abound. We
hope you 11 1ncorporate our suggest~ons 1nto the vers~on of the
Noise Element that goes to the Planning Comm~ss~on.
Th~
~.,J ~dc5..J
Jon and Jean Sedillos
CHOSM Noise Subcommittee
"
r. I't r: -, 1
v - _ "j 1.
30 October 1989
Hr. Read
Associate Planner
Planning Division
1685 Hain St.
Santa Monica. CA. 90401
Dear Hr. Read;
As per our phone conversation. please find enclosed
our list of specific actions to reduce the excessive
noise generated by aircraft at Santa Monica Airport.
I look forward to our meeting on 29 November.
--
s
for Neighbors of Ocean Park
n')~~.,
l... _ _ OJ ~
30 October 1989
TO: John Read
Associate planner
Planning Division
FROM: Sharon Rubin
Neighbors of Ocean Park
RE: Noise Element General Plan
SPECIFIC ACTIONS FOR REDUCING
NOISE POLLUTION FROM SANTA MONICA AIRPORT
(1) PROHIBITION OF STUDENT PILOT TOUCH & GO
TAKEOFFS AND LANDINGS;
(2) SHORTEN AIRPORT HOURS OF OPERATION:
(i.e. 9 AM TO 6 PM);
(3) USE OF VARIED TAKEOFF AND LANDING PATTERNS TO
ALLOW RESIDENTS TO SHARE EXPOSURE TO NOISE:
(4) CHANGING THE EXISTING STANDARDS OF ACCEPTABLE
NOISE GENERATED BY AIRCRAFT;
(5) LIMIT THE NUHBER OF TAKEOFFS AND LANDINGS
PER DAY;
(6) EXCLUSION OF NON-RESIDENT USE OF THE AIRPORT
EXCEPT IN EMERGENCY OR AS AUTHORIZED BY THE
FAA CONTRACT;
A~,~~~
11 . .
v"_ ~ ~ J
September 9, 1991
To: Suzanne Fr~ck
F~om: Do~othy Engleman
3005 Ma~n Street q407
Santa Mon~ca, CA 90405
399-5068
Dear Suzanne:
H~. I'~ subm~tt~ng a request to meet w~th you and d~seuss the follow~ng ltem ln
deta~l:
Amendment to the proposed ~Olse Element - Separate nOlse standa~d regulatlng buslnesses
~n Santa ~onlca that play l~ve or recorded ~usie (bars, cabarets, soclal clubs, etc.)
Backg~ound lnformatlon
Slnce March 1989, I have Ilved across the st~eet f~om the Buffalo Oa~house, a bar that
plays loud recorded mus~c t~ll 1:45am, 7 days a week, d~stu~b~ng and harasss~ng almost
ITlghtly ~ts res~dent~al nelghbors. Atte~pts to ~ltlgate the nOlse have ~ncluded
calls to pollee, nelghbo~hood rr.eetlngs w~th Oarhouse management, flllng cr~mlnal
c~a~ges and d~spute ~esoluclon (t~e Oarhouse has v~olated al~ost every provls1on of
t~e settlement agree~etn).
Sources of ~o~se
There a~e three ma~n sources of nOlse harassment we've exper1enced wlth the Oarhouse:
1. Loud muslc, espec~ally between the hours of 12am and 2am.
2. Rowdy, scc~amlng customers, also between 12~~ &~~ 2am and,
3. Custo~ers ~ncessantly re\~lng the~r ~otorcycles and loudly plaY1ng the~r
car rad~os, also between 12aill and 2a~.
to
~eed to Add/db Level or ~Olse Standard Other Cr1terla
There needs to be a spec~al and lnclus~ve nOlse standard for mus~c play~ng escablishemer
~ax db levels can orfer partlal protect~on at best. and at worsc, no protection from
chronlc no~se harass~ent.
Depenolng upon the acoustlC character1stlcs of the lnstruments, a ilute plaYlng at 2ao,
well wlth1n max db levels, can st~ll dlsrupt sleep as capably as loud rock and roll.
S~m~larly.the 1ncessant, ?erCUS1ve rock and roll mUS1C, wlth t~e bass turned up, WhlCh t
Oarhouse plays ~ay not off~elally peak max db levels. Sut 1t 15 extremely audible to
the ~elghborhood resldent5 and causes dally dlsrupt~on to our sleep and peace and qUlet,
expeclally between the hours of 12am and 2~.
Constructlng a ~Olse Standard for MUS1C Play~n~ EstablLshments
A mean~ngful code that wlll ?rov1de real protectlon to nelghbors Ilv~ng next to
bars, etc. llke the Oarhosue 1S one slmllar to the nOlse standard adopted for the
Promenade: If one ~s lnslde wlth the door closed and can hear muS1C from next door. It
~s too loud.
r.,!~r:
I recommend the Promenade standard be adapted as follows:
Any bus~ness that plays l~ve or recorded mus~c w~ll be cons~dered ~n
vlolatlon of the nOlse code If thelr mus~c can be heard 1n ne1ghbor~ng
homes that have thelr w~ndows open.
for the C~ty
I th1nk lts extrememly 1mportant/to be willlng to codlfy addltional protectlons from
unwanted nOlse for cltlzens regardless of where t~ey happen to 11ve. People should
not be forced to glve up thelr r~ght to peace and qUlet Just because they Ilve near
the Oarhouse, etc. No one should be forced to llsten to rlve hours of loud, lntruslve
mUS1C each ulght tlll 2am. I thlUk ltg also extremely lmportant that resldents should
not be forced to barrrlcade themselves 10 thelr alrless apartments wlth the wlndows
closed 10 order to secure peace and qUlet. I, and everyone else, should be permlted
to keep my wlndows open wlth lmpunlty wlthout belng vlctlmlzed by [lVe hours of
mUS1C harassment.
I also recommend that bars who dlscharge loud, rowdy, screamlng customers be requlred to
post personnel wlthln a deslgnated proX1mlty of the bar to supervlse the qUlet eXlt
thelr customers. I feel bUS1nesses that create a drunken, scream1ng, dlsruptlve
cllentale have a soclal obllgation to ten c~ty to ma~ntain and supervlse thelr
orderly dlscharge lnto the nelghborhood, especlally after 12am.
I have spoken wlch Jerry Gordon about thlS. He recogn~zes the l~mltatlons under the
current no~se standard max db level and lnldcated hlS lnterest ~n havelng the City
develop the klnd of nOlse standard I have descr~bed for mUS1C establlshillents that would
glve h~s off~ce greater ablllty to deal w~th chronlC nOlse offenders llke the Oarnouse.
Suzanne, I am ready and w~lllng to work wlth you and t~e City on thls. Living across
the street from the Oarhouse for the last three years has destroyea the quality of
l~fe for ~e, and my nelghbors. It ~s livlng wlth chronlc nOlse, WhlCh 1S chronlcally
stressful, wh~ch lS chronlcally unhealthful. Withour further rellef from the nOlse
code, all we can look forward to is battle fatlgue ln perpetulty.
Please help us.
1\ I";" C
\ i/h '
---'
r-
" IL (.,
J
/ ~ ,
(~ 1,/'0 ,/
v/'vf, (; r.'/',,: 4 t ~ r-.../
J I "!,~.J./ / " v
.......r("ll,.........-
,- 1 .
_ J
IJc:lt/ Fe
7/13/92
Santa Monica City Council:
City Planning Division:
.'1 ~/.l
'a?
,; '- .... --":.-. L-
':
Re: NOISE ELEMENT AND NOISE ORDINANCE
I am unable to attend the 7/21/92 meeting. This topic is extremely
important to me. I have lived in Santa Monica for 13 years. The
last three years have really seen changes leading to a negative
impact on those living in the area.
The increase ~n traffic has been horrendous....this certainly has
increased the noise level at all hours. People drive down my street
who do not live in the area. Stanford and surrounding streets have
become a connecting artery for commuters, trucks, etc. People who
work on Colorado Boulevard and Broadway now park on our street during
the day. TRUCKS (moving, construction) drive down our street. I find
this extremely annoying and inappropriate that our residential area
is being negatively impacted by the construction and businesses in
the area and the population increase. I am awakened early in the
morning and have trouble going to sleep at night because of the
increase in traffic.
I would also hope a beginning time would be set for
construction...8:00 a.m. at the earliest. I feel that my right to
restful sleep and quiet in my home has been negatively impacted.
The increase in sirens is the most noticeable to me and the most
irritating....occurring at all hours of the day and night and seven
days a week. For whatever reasons the increase ~n sirens has
occurred, this too has most negatively impacted my neighborhood.
An increase in air transportation noise has definitely occurred
during the last three years. I find this the most upsetting when I
am eating my dinner.
I am most hopeful that positive, immediate steps will be taken to
return the residential rights of peace and safety to our homes and
neighborhoods. I am most interested in hearing what will be
contained in this ordinance. Please vote to protect the peace and
safety of the Santa Monica residents. I have truly felt powerless in
my community regarding quality of living issues. I greatly
appreciate measures to correct the negative noise impact on our
community. Thank you very much and I look forward to hearing the
result of this hearing.
Sincerely,
~~~
1538 Stanford st.,
Santa Monica, CA
#8
90404
-- 'l