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SR-SR - 400-007 CP:SF:JT:AS:JL:BR:f\plan\share\council\strpt\2003\CC Noise Rpt II (Staff Report).doc November 25, 2003 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Chapter 4.12 Regarding Noise Regulations. INTRODUCTION This report responds to requests for information relating to the proposed noise ordinance made by members of the City Council at the July 22, 2003 meeting. DISCUSSION At the July 22, 2003 meeting, the City Council heard public testimony and considered proposed revisions to the City?s Noise Ordinance. At the conclusion of the presentation, each Councilmember posed questions or requests for additional information. The following are responses to City Council inquiries. It is anticipated that these responses will facilitate the Council?s discussion on the proposed noise ordinance update. General 1. How Are Loud Car Stereos Regulated In Other Cities? Staff surveyed the cities of Beverly Hills, Manhattan Beach, Redondo Beach, Santa Barbara, and Culver City. These cities were selected to maintain continuity with recent noise ordinance reports as each was 1 used as a comparison with Santa Monica?s existing and proposed decibel levels. Manhattan Beach, Santa Barbara, and Culver City treat loud car stereo systems on private property as a violation of the noise ordinance. Beverly Hills and Redondo Beach only apply their noise ordinance to stationary sources like mechanical equipment. Loud car stereo noise levels are treated as a disturbing the peace or public nuisance violation that is enforced by the City?s Police Department. Beverly Hills was the only surveyed city that indicated they use the California Vehicle Code to enforce noise violations on public streets. A violation pursuant to this statute occurs when a vehicle is being operated on a public right-of-way and amplified sound can be heard outside the vehicle from 50 or more feet. There are exceptions for emergency vehicles, utility vehicles, and for vehicles used in advertisements, parades, political or other special events not otherwise regulated by local jurisdictions. Local police departments are empowered by the State to enforce the California Vehicle Code within the public right-of-way. Staff recommends that the City Council address this issue by requiring loud car stereos to comply with the provisions of the California Vehicle Code when operating on the public right-of-way and with the City?s 2 adopted noise ordinance when stationary upon the public right-of-way or located on private property. 2. Are Barking Dogs Addressed In The Municipal Code? Section 4.12.110 of the current noise ordinance regulates noisy animals, which would include noise from barking dogs. This section prohibits barking, yelling, or crying by an animal for more than 5-minutes in any 1- hour period. This section has been renumbered to Section 4.12.090 in the proposed ordinance. 3. Could Examples Of Various Noise Levels Be Provided? The City?s consultant has gathered examples of typical noise levels from various sources that are used to describe different noise levels (Attachment A). Though these are typical examples, there are variations in measurements given unique conditions of a particular area and the distance between the noise source and noise receptor. Normal speech, for example, is often shown as 60 dBA on various typical noise scales. Of course, the actual decibel level is dependent on the speaker and the distance between the speaker and the listener. Normal speech is defined as conversation between people who know each other separated by a distance of 3 feet. However, based on 3 independent research, the 60 dBA value is representative of the female voice; the male voice is closer to 65 dBA at 3 feet. Attachment A contains various tables, charts and graphs for the Council?s consideration. These tables reflect industry data that was prepared without distances. In order to include distance references, new studies would be required that measured the distance from a noise source. 4. Why Were The Special Provisions For Schools, Places Of Worship, Libraries And Health Care Institutions Removed? Section 4.12.070 of the current noise ordinance specifically addresses schools, places of worship, and libraries and subjects these uses to the noise standard for the district in which they are located. The section has been removed from the proposed noise ordinance because it became redundant in light of the proposed measurement methodology for noise violations. The existing ordinance measures noise according to the decibel standards of the zone in which the noise is generated. However, the proposed ordinance would measure noise levels according to the decibel standard of the zone that receives the noise. Noise Ordinance Section 4.12.070 simply states that noise levels measured on the grounds of schools, places of worship, libraries and health care institutions shall be measured against the allowed decibel levels for the 4 zone in which that use is located; not against the zone in which the noise was generated. Since this measurement methodology mirrors the proposed methodology, a separate reference would be redundant and would not provide any greater protections for schools, places of worship, libraries and health care uses than the proposed ordinance otherwise establishes. 5. Explain Current And Future Education And Enforcement Efforts. An initial and continuing priority for Police, Planning and Community Development Code Compliance, City Attorney and public information personnel will be educating staff and the community about the provisions of the noise ordinance and its enforcement. This effort will be coordinated by the City Manager?s office and will employ existing departmental information vehicles and budget resources. Existing businesses will receive materials on the key changes in the noise ordinance such as new decibel limits, restrictions on after-hours business operations, variance procedures and effective date of the changes. Noise enforcement protocols have been developed by Police and Code Compliance staff and reviewed by the City Attorney?s office. They are as follows: 5 Police officers will respond to calls of noise disturbance as they do now, advising the source of noise of the complaint and need to cease. Criminal citations for disturbing the peace or other pertinent violations will be issued at officer discretion. After the six-month waiting period specified in the new ordinance, Police officers will issue criminal citations to existing businesses for after-hours violations of business support operations observed during routine patrol activities. Police Community Service Officers, who are equipped for and trained in noise measurement, will continue to monitor allowable noise levels on the Third Street Promenade pursuant to other existing municipal code noise standards that are not a part of this ordinance. When excessive noise levels are recorded, the Community Service Officers will call in Police Officers to issue citations or notices of violation. At time of receipt of any noise complaints related to after-hours construction, mechanical equipment, and business related activities, Police dispatch staff will contact Code Compliance staff during normal working and specified after hours to respond first. Code Compliance staff will issue compliance orders and administrative or criminal citations as warranted and request further Police Officer assistance if required. Police staff will provide Code Compliance staff access to data related to chronic noise complaints. Code Compliance staff will be able to access 6 reports and information daily to analyze trends and identify problem locations for follow-up enforcement. Police Department statisticians and the Code Compliance Supervisor will meet monthly to review reports of noise violations and identify any previously unidentified chronic violators for mutual monitoring and enforcement. Code Compliance staff will continue to respond to noise concerns related to construction activity, mechanical equipment, land use permits and existing uses. Nature of Violations Most noise complaints are reported to and handled by the Police Department (3500 of 3727, or 94%, in FY2002-03) and, of those, the vast majority occurs during late evening or early morning hours. Most calls to the Police Department can be characterized as "Disturbing the Peace." In approximately half of the total cases responded to by police personnel, a request to cease alone was sufficient to abate the noise, and no additional enforcement action or report was necessary. In approximately one-quarter of the total cases the noise was temporary or transient in nature, and the source could not be identified when the responding officers arrived. In approximately 11 % of the cases, the calling party called to cancel the complaint. 7 Planning and Community Development?s Code Compliance Officers (PCD) handle the remaining 6% of the noise disturbance complaints. The most common violations handled by PCD are for construction hours, business operations adjacent to housing and malfunctioning building service equipment. Approximately one third of reported violations are present or verified when staff responds to the location. Because code compliance is not a 24-hour, seven day a week operation, the remaining two-thirds are received or responded to after the violation has allegedly occurred. The ?catch-in-the-act? percentages are expected to increase if Council authorizes the proposed additional staff. Noise Measurement and Practical Enforcement Techniques Accurate noise measurement requires specialized equipment and personnel trained and experienced in its use. Measurement practice standards call for the taking of multiple readings at the location of the noise receptor over a period of time. Successful enforcement and prosecution requires identification of the noise source and verification of the noise level. Determination of the ambient or background noise level is also usually required. Police The Police Department utilizes 29 patrol vehicles for field operations. Those vehicles are driven by 91 officers who rotate shifts with some 8 frequency. To equip all vehicles with noise monitors would cost roughly $116,000, at an approximate cost of $4,000 per monitor. All patrol officers also would have to be trained in use of the monitors at an initial cost of approximately $1,000 each. Most officers would not acquire the necessary regular experience in noise measurement to ensure the production of accurate, evidence-quality readings. Because officer response alone "cures" the problem in the preponderance of one-time violation cases, equipping and training patrol officers for noise measurement is not recommended. Instead, regular roll call training regarding identifying and citing prohibited after hours business practices and about the importance of identifying and reporting chronic offenders to Code Compliance personnel will be conducted. Police Response for Code Compliance Issues Violence and life safety calls will continue to be the first priority for police response. This will cause delay in responding to some noise complaint calls, unless Code Compliance Officers are also available. However, review of police noise complaint call statistics should identify cases for follow-up, even when police response was not possible or was delayed. Thus, noise code compliance may still be pursued in such cases. 9 Proposed Code Compliance Staffing and Costs The proposed ordinance contains a provision to regulate disruptive business activities. This element is one of the key issues residents raised during the public process. Currently, neither the Police Department or the Planning and Community Development Department have the resources to proactively enforce this regulation. As noted above, violence and life safety calls will be the first priority for police. In FY 02/03, code compliance staff received 1,821 new code enforcement cases. Today, the backlog of unresolved cases is 841. This workload is expected to fully engage existing budgeted staff and prevent any significant proactive noise ordinance enforcement. Although the proposed protocols will improve communication and coordination between police and code compliance, many noise violations will continue to be addressed ?after the fact?. This means significant time will pass between when the complaint was filed and staff responds. As a result, when staff responds, even if the following business day, the majority of the time the violation will no longer exist and will be unverifiable. This leads to citizen frustration and the perception of weak enforcement. 10 th In a separate matter before Council on November 25, staff is presenting a program for proactive monitoring of certain permits. Conditions placed on permit holders frequently include hour and noise limitations. Staff anticipates that, if initiated and staffed, the recommended proactive permit enforcement program will identify and address noise ordinance violators in the subset of those permit holders. Proactive monitoring will include noise measurement to ascertain if a business is in compliance with conditions of approval. To effectively respond to after hours violations, provide proactive enforcement of business operations and after hour events, prioritize follow-up on chronic violators identified by the Police, and provide additional emphasis on noise violations responded to by Code Enforcement during regular work hours, 1.0 FTE additional permanent Code Compliance Officer, equipped for and trained in noise measurement, will be required. The one-time costs associated with the position equal $15,990 and the ongoing salary and benefit costs equal $63,837 annually. For FY2003-04, the maximum amount of additional budget funding that will be needed for this position is $47,908 ($31,918 for salary and benefit costs for the remainder of FY2003-04 + $15,990 of one-time supplies, expenses, and equipment costs). 11 6. Define ?Ambient Noise.? In the context of the noise ordinance, ?Ambient Noise? is all of the noise existing at a given location and time except for the noise source of concern. For example, if the noise complaint is about an air-conditioner, then the ambient noise is the noise level without the air-conditioner. 7. Would Staff Develop A Self-Guided Noise Environment Tour? Attachment B provides locations where the City?s noise consultant took random noise level measurements as a way to give the public, Planning Commission and City Council a reference to actual noise levels occurring within the community. Decibel levels, location, time of day, and a general activity description are provided to allow for comparison. Parks and Recreation 8. What Can Be Done To Modify The Los Amigos Park Sound System? The public address system at Los Amigos Park is only used by Pony League, a youth baseball organization. Their season runs from March through June each year. On September 10, 2003 the Recreation and Parks Commission?s Sports Advisory Council (SAC) held a special meeting with the Los Amigos Park neighbors to discuss sports-related noise concerns. In response to the concerns related to the park sound system the following good neighbor policy practices were agreed upon 12 and will be added to the permits issued to Pony League for the Los Amigos field. ? Play by play announcing will be eliminated ? Announcements will be limited to the name of the player at bat and the score at the end of the game ? Adult supervision will be provided at all times the announcer booth is used ? Speakers will be directed away from residents ? Music will be limited to the season?s opening and closing ceremonies As part of the Park Buildings Replacement capital improvement project, a new announcers platform, concession stand and restrooms are currently under construction at Los Amigos Park and expected to be completed next year. The announcer?s platform will accommodate a sound system and city staff will work with Pony League to ensure that these policies will be followed. On October 16, 2003 the Recreation and Parks Commission discussed these good neighbor policies and expressed their support of the approach. They also recommended that the Sports Advisory Council regularly receive a status report from staff on the effectiveness of these practices. 13 9. Should Personal Electronics Be Prohibited In City Parks? Section 4.12.100(a) reads ?No person shall play any audio or electronic device including, but not limited to, any radio, tape player, compact disc, musical instrument or electronic keyboard 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.? Concern was expressed that a literal application of this section would prohibit the use of personal entertainment devices like walkmans and gameboys in public parks and recreational facilities because these would constitute an ?electronic device.? Staff does not propose to prohibit these types of personal entertainment devices in the City?s parks because they tend to emit lower sound levels that are audible only to the person using the device. Therefore, this Section of the proposed ordinance has been clarified to provide for the use of this type of personal audio and/or electronic entertainment device. Section 4.12.100 also regulates musical instruments in parks. These regulations preclude the use of drums and percussion instruments, but allows other musical instruments. Upon further review of this section, staff believes it appropriate to regulate all musical instruments consistently. As amended, the noise ordinance would allow playing of 14 drums and percussion instruments, as well as other musical instruments, in public parks, the beach, and recreational facilities between the hours of 8:00 am and 10:00 pm. 10. What Can Be Done To Discourage Late Night Basketball Games? The Community and Cultural Services Department has indicated that existing personnel can place locks on the rims of basketball hoops in an effort to dissuade late night playing. These locks have been successfully implemented at Joslyn, Stewart, Ocean View, Reed and Marine Parks and could be installed at Los Amigos Park and Virginia Avenue Park when it reopens. There is sufficient budget to accommodate the one- time costs for the purchase of the locks. 11. Can Generator Usage At The Beach & Its Parking Lots Be Discouraged? Camping at the beach is a violation of Section 4.08.95 of the Santa Monica Municipal Code. If generators are supporting overnight and longer-term stays, then proactive enforcement of this Section must occur to discourage their use. If not, then generator usage is likely related to day trips and may be used to operate televisions, radios, air conditioning systems, microwaves or similar equipment. 15 Presently, the beach parking lots are not covered by the noise ordinance because the ordinance only applies to residential, commercial and industrial districts. The beach parking lots are zoned Beach Parking. Section 4.12.050 of the proposed noise ordinance now places the beach parking lots in the commercial noise zone. Therefore, generator usage will have to comply with the Noise Zone II standards and with the transition zone standards, if operated within 100-feet of a residential noise zone. However, generators associated with Community Events would be exempt from the noise ordinance pursuant to Section 4.12.030. 12. Include Or Exclude Pacific Park From The Proposed Noise Ordinance? The Santa Monica Pier is presently subject to the noise ordinance. However, because the Pier?s zoning is RVC (Resident-Visitor Serving Commercial) it is subject to the residential noise zone standards. Staff believes that this designation does not properly reflect the spectrum of activities that the Pier offers and instead recommends that the Pier be subject to the commercial noise zone standards. Although Pacific Park is located on the Pier, it received City approval of a development review permit in 1998. Pacific Park?s Development Review Permit addresses allowable noise levels in a limited context. Pacific Park?s rights under this permit would be respected. 16 Construction, Repair, and Maintenance 13. What Are The Benefits Of Exempting City Activities? City activities are structured and scheduled to effectively and efficiently repair and maintain infrastructure with minimum community and transportation disruption. These projects serve the community and should be considered a priority because these projects enhance City services. This is particularly true for water, wastewater and stormwater infrastructure maintenance and repair; street resurfacing and other essential emergency operations. Disruption of these City activities could result in higher costs and delays as well as negatively impact the City?s ability to provide essential services and access to public facilities. The City strives to coordinate and plan infrastructure repair and maintenance projects in such a way to mitigate, as effectively as possible, any negative impacts to the community. The nature and location of these projects and services as well as the type of equipment that must be used often makes it difficult to avoid noise impacts to surrounding residents and/or businesses. City staff will continue to work diligently to minimize negative impacts, including noise, from basic service delivery activities, infrastructure maintenance and repair activities whether performed by City staff or contractors hired by the City. 17 The proposed noise ordinance has been clarified to reflect this exemption. Specifically, installation, repair, maintenance or replacement of public infrastructure by the City or its agents would not be subject to the decibel limitations contained in Santa Monica Municipal Code Section 4.12.060. Employees of the City, while conducting duties associated with their employment, could begin working on such improvements at 7 am. Agents of the City would remain subject to existing construction hours, unless granted approval of an after-hours permit pursuant to Santa Monica Municipal Code Section 4.12.110(e). While infrastructure and utility improvements have a limited exemption from the noise ordinance, capital improvement projects like the construction of the new central library would be subject to the decibel and construction hours limits set forth in the noise ordinance. 14. How Can A Building Be Constructed To Minimize Noise Transmission Between Units In Mixed-Use Projects? Most construction techniques involve certain sound insulation in the wall cavities, use of resilient channels behind wallboard, special window construction and in some cases, lead sheathing. 18 15. Can Sound Buffering Upgrades Be Required When An Apartment Is Remodeled? The Building Code currently requires sound transmission control for the exterior and interdwelling wall and floor-ceiling assemblies of all dwelling units with permits applied for after August 22, 1974. If the site has exterior noise sources that are likely to exceed 60 decibels, an acoustical analysis is also required to ensure that the assemblies result in the desired airborne and impact noise limit inside the unit. The noise element of the general plan shows that these sites typically occur along our busy thoroughfares and near the airport. Since the building code has required sound transmission control since 1974, improvements would be necessary for pre-1974 buildings. When these buildings undergo rehabilitation, they are not be required to upgrade the sound control characteristics unless the cost of the alteration exceeds 50% of the building replacement cost. At that point, the building is required to comply with current code, including the sound transmission control requirements. Lower replacement cost thresholds would have to be enacted to require older structures to comply when more minor alterations are proposed. 19 16. Is The Proposed Noise Ordinance?s After-Hours Construction Fee Correct? Yes. The current adopted fee for After-Hours permits is $182.83 per day for any activities subject to an Environmental and Public Works Management permit. However, staff recommends that the ordinance no longer state a specific permit fee, but instead provide that the fee shall be established by City Council resolution. This removes the need to amend the noise ordinance each time that the City Council changes the fee for an after-hours construction permit. 17. Should Utilities Be Exempt From After-Hours Construction Restrictions? There is a compelling argument for giving utility companies such as Southern California Edison, The Gas Company and Verizon similar ordinance exemptions as are proposed for the City and its agents. The Environmental and Public Works Management Department notes that these utility operators, like the City, provide the public with essential services. Their ongoing maintenance and repair activities have not caused significant noise problems for residents and businesses to warrant elimination of their exemption status in the proposed ordinance. By making it more difficult for these private utilities to conduct their normal field activities, costs and inconveniences to customers may actually increase. The proposed noise ordinance has been amended to exempt utility companies from the decibel standards, but would still 20 require compliance with applicable construction hours unless an after- hours construction is approved. Noise Adjustment Process 18. Can A Sunset Clause Be Added To The Noise Adjustment Permit? The City Attorney?s Office has indicated that the noise adjustment process could be drafted to grant permits of a specified duration, with the permit expiring upon the passage of a specified period of time. The rights granted by that permit would cease unless a subsequent application was approved. This approach would allow non-conforming businesses time to comply with the adopted noise ordinance regulations, and provide a timeframe for abating excessive noise. However, this approach may strain staff resources to ensure compliance with conditions of approval and to track expiration dates of approved applications. Since this is a policy matter to be determined by the City Council, the proposed ordinance has not been modified to reflect this language. 19. Provide Advanced Notice Of Adjustment Hearings During Holidays? Concern was expressed that the standard ten day public notice would not provide sufficient hearing notice, particularly during the holiday 21 season. Staff believes that adequate notice would be provided and notes that this time frame is the same for all Planning applications and is consistent with State law. Noise Adjustment applications would be considered at regularly nd scheduled meetings on the 2 Tuesday of each month. With a ten-day notice, mailings would be sent sometime during the last few days of one month to the first few days of another month. During the holiday season, this means that notices would be mailed out after both Thanksgiving and Christmas. Business Related 20. What Steps Can The City Take To Reduce Valet-Related Noise? The City?s existing valet ordinance (i.e. SMMC Section 6.120) allows conditions to be imposed on operators to ensure compatibility with the surrounding residential area. It further requires staff to consider the neighborhood compatibility of each of these permittees when considering the initial license and subsequent annual renewals. Staff believes that appropriately placed signage and community education efforts (both components of the proposed ordinance) coupled with existing regulations may prove more effective than adopting new valet standards. 22 21. Regulate Business Support Operations By Decibel Or Time Of Day? While regulating business support operations by decibel level is possible, it would pose a more difficult enforcement challenge resulting in less effective enforcement. Enforcing a regulation associated with hours of the day simply requires a quick visual inspection by any authorized enforcement officer, whether in the Police Department or in the Building and Safety Division. Monitoring these activities by decibels would require that noise level measurements are taken consistent with other provisions of the ordinance. For example, a business dumping trash would have to be monitored for at least 5-minutes and then compared to the allowed decibel level to determine if a violation exists. Dumping trash into a trash bin can occur in a matter of seconds and be very loud followed by a significant period of quiet. When the noise level is averaged over the time period, it is possible that no technical violation would exist, notwithstanding the impact to neighbors. More importantly, monitoring by decibel levels will limit the universe of enforcement officers to those who are provided with decibel meters, who are properly trained in their use, and who are available to testify in administrative or criminal enforcement proceedings. 23 Limiting the hours when business support operations can occur will more effectively reduce noise levels from these activities. This method also eliminates confusion by members of the residential and business communities because the law would clearly state what is and is not acceptable. Main Street Merchants Association Letter In addition to Council inquiries responded to above, concerns and suggestions about the proposed noise ordinance impact on Main Street businesses were received from the Main Street Merchants Association. The following responses to that letter are provided for the Council?s consideration. 1. With or without the transition zone, the allowable decibel is lowered after 10pm without any evidence indicating this is necessary or that the current 60 decibel is flawed. Cities commonly establish lower allowable decibel levels during nighttime hours than they establish for daytime hours. Santa Monica is no different. This reduction tends to mirror the drop in activity levels during the late- night/early-morning hours and is reflective of the community?s desire for a quiet environment during hours commonly reserved for family and sleeping. 24 The perception of noise is dependent on factors such as whether the noise is expected, the decibel level difference between the noise source and the ambient noise, and the distance between the noise source and the receiver. A 60-decibel level may be acceptable for daytime hours in a commercial district because people expect greater activity levels and the ambient noise level tends to be higher. A 60-decibel level would be incompatible during overnight hours because activities tend to subside at later hours and this causes a corresponding drop in the ambient noise. As a result, an unexpected 60 decibel sound generated in the early morning hours can be more annoying than it is during the day where background levels may mask the noise source. Whether to increase, maintain, or lower the allowable decibel levels by time of day is a policy decision for the City Council. However, Santa Monica?s decibel levels by time of day are similar to that of other Southern California cities and staff sees no compelling reason to reconsider this. In fact, lowering the decibel level between 10pm and 7am is provided for in the existing noise ordinance. Staff has not proposed any changes to this section as part of the noise ordinance update. 25 2. The Noise Enforcement Officer has the power to suspend a business license for 30 days. This provision is currently in the City?s Noise Ordinance at Section 4.12.180(b). Although it is an available enforcement option, the City has never suspended or revoked a business license due to noise ordinance violations. Upon further consideration, this section creates an expectation that could not be fulfilled since courts are unlikely to uphold determinations where other less drastic remedies are available. Moreover, because the Municipal Code enables the City Manager to revoke a business license for nuisance violations, the City Attorney?s office has opined that this provision is unnecessary. The proposed noise ordinance has been modified to reflect this change. 3. Take noise measurements of Main Street merchants to determine if current operating practices violate the proposed decibel standard after 10pm. Measurements in the Main Street area were taken by the City?s consultant as part of a larger sampling to provide a better understanding of current noise conditions throughout the community. These measurements were not focused on a particular business, but were intended to document the ambient noise level. These measurements showed that the ambient level at that particular time exceeded the established noise levels for both the commercial and adjacent residential 26 noise zones. While there is an intrinsic appeal to taking specific noise measurements for business on Main Street, staff has several reservations. First, these measurements document noise levels only for the time and place they are taken. Second, they cannot be relied upon to predict future noise levels, which are affected by a variety of factors like the concentration of people, vehicular traffic, music, speech, etc. Third, it would not be prudent to rely upon a singular sample to guide public policy decisions. 4. Eliminate the Noise Enforcement Officer?s ability to suspend a business license and increase penalties for legitimate repeat offenders. Please see response 2 on page 19. BUDGET/FINANCIAL IMPACT The recommendations provided in this report would have a budget impact related to the addition of one Code Compliance Officer. However, no funding action is required by the City Council at this time, should the City Council authorize the position. The costs identified for this position will be addressed at year end budget review. 27 RECOMMENDATION Staff recommends that the City Council introduce for first reading the attached ordinance amending Section 4.12 of the Municipal Code relative to noise and authorize the addition of one Code Compliance Officer for enforcement. Prepared by: Suzanne Frick, Director Amanda Schachter, Acting Planning Manager Jonathan Lait, AICP, Senior Planner Bill Rodrigues, AICP, Associate Planner Planning and Community Development Department Attachments: A. Noise Level Examples B. Self-Guided Tour C. July 22, 2003 Staff Report without attachments D. Revised Proposed Noise Ordinance 28 Attachment A Noise Level Examples 29 Threshold of hearing 0 dB Motorcycle (30 feet) 88 dB Rustling leaves 20 dB Foodblender (3 feet) 90 dB Quiet whisper (3 feet) 30 dB Subway (inside) 94 dB Quiet home 40 dB Diesel truck (30 feet) 100 dB Quiet street 50 dB Power mower (3 feet) 107 dB Normal conversation 60 dB Pneumatic riveter (3 feet) 115 dB Inside car 70 dB Chainsaw (3 feet) 117 dB Loud singing (3 feet) 75 dB Amplified Rock and Roll (6 feet) 120 dB Automobile (25 feet) 80 dB Jet plane (100 feet) 130 dB Typical average decibel levels (dBA) of some common sounds. 30 31 32 Points of Reference *measured in dBA or decibels 0 The softest sound a person can hear with normal hearing 10 normal breathing 20 whispering at 5 feet 30 soft whisper 50 rainfall 60 normal conversation 110 shouting in ear 120 thunder Home 50 refrigerator 50 - 60 electric toothbrush 50 - 75 washing machine 50 - 75 air conditioner 50 - 80 electric shaver 55 coffee percolator 55 - 70 dishwasher 60 sewing machine 60 - 85 vacuum cleaner 60 - 95 hair dryer 65 - 80 alarm clock 70 TV audio 70 - 80 coffee grinder 70 - 95 garbage disposal 75 - 85 flush toilet 80 pop-up toaster 80 doorbell 80 ringing telephone 80 whistling kettle 80 - 90 food mixer or processor 80 - 90 blender 80 - 95 garbage disposal 110 baby crying 110 squeaky toy held close to the ear 135 noisy squeeze toys Work 40 quiet office, library 50 large office 65 - 95 power lawn mower 80 manual machine, tools 85 handsaw 90 tractor 90 - 115 subway 33 95 electric drill 100 factory machinery 100 woodworking class 105 snow blower 110 power saw 110 leafblower 120 chain saw, hammer on nail 120 pneumatic drills, heavy machine 120 jet plane (at ramp) 120 ambulance siren 125 chain saw 130 jackhammer, power drill 130 air raid 130 percussion section at symphony 140 airplane taking off 150 jet engine taking off 150 artillery fire at 500 feet 180 rocket launching from pad Recreation 40 quiet residential area 70 freeway traffic 85 heavy traffic, noisy restaurant 90 truck, shouted conversation 95 - 110 motorcycle 100 snowmobile 100 school dance, boom box 110 disco 110 busy video arcade 110 symphony concert 110 car horn 110 -120 rock concert 112 personal cassette player on high 117 football game (stadium) 120 band concert 125 auto stereo (factory installed) 130 stock car races 143 bicycle horn 150 firecracker 156 capgun 157 balloon pop 162 fireworks (at 3 feet) 163 rifle 166 handgun 170 shotgun 34 And finally, from Car and Drive Magazine, 2003 Ultimate Comparisons, the following selection of noise measurements were at the driver ear location: Interior Sound Level, dBA Car Model Idle 70 mph cruise BMW 530i 45 67 Lincoln LS V8 43 68 Infinity M45 42 69 Jaguar S Type 43 69 Lexus GS300 44 69 Mercedes E320 42 69 Audi A6 43 70 Infiniti G35 43 71 Acura RSX 42 71 VW Beetle Turbo S 44 71 Toyota Celica 46 72 Mazda RX8 46 73 Honda Accord 43 74 35 Attachment B Self-Guided Tour 36 ZONING LOCATION START TIME DECIBEL CAUSE OF NOISE DESIGNATION rd 23 St, North of traffic, aircraft, power tool at R1 2:45 PM 51.2 Montana Ave residence traffic on Princeton & Santa Monica Near Princeton & C4 Blvd was dominant source, very little 3:20 PM 58.7 Santa Monica Blvd activity at Auto Repair Beach Parking Lot Ocean Park traffic, basketball, aircraft, South of Ocean BPD / DP 4:20 PM 60.5 radio at beach parking lot Park th Near 16 & Pico R2 traffic, public pool activity, aircraft 4:55 PM 61.9 Blvd Near Washington & NW-R2 traffic, aircraft 3:50 PM 54.2 th 10 St Near Arizona Ave & BSC-1 traffic, general crowd noise 7:40 PM 66.7 rd 3 St th Near Pier St & 18 R1 traffic, aircraft 2:10 PM 50.9 St Near Main St & Hill traffic, general crowd noise, CM2 3:40 PM 67.8 Ave restaurant activity nd Near Hill Ave & 2 OP2 traffic, general crowd noise 4:15 PM 60.7 St 37 Near Highland Ave OP2 traffic, aircraft 4:45 PM 53.4 & Pier Ave Near Pico Ave & traffic noise, parking lot traffic, C2 3:05 PM 62.4 nd 32 St general crowd, aircraft Near Montana Ave traffic noise, parking lot traffic & C2 9:15 PM 62.6 th & 15 St general crowd Santa Monica Pier RVC general crowd noise at Pier 9:50 PM 64.3 Near Santa Monica traffic, general crowd noise Club / Bar C4 1:30 AM 63.7 th Blvd & 14 St Noise, music had stopped Near Lincoln Blvd car wash equipment, cars C4 daytime 71.3 and Ashland St moving around facility 38 Attachment C July 22, 2003 Staff Report Without Attachments 39 CP:SF:JT:AS:JL:BR:f\plan\share\council\strpt\2003\CC Noise Rpt.doc City Council Mtg: July 22, 2003 Santa Monica, California TO: The Honorable City Council FROM: Planning Staff SUBJECT: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Chapter 4.12 Regarding Noise Regulations. INTRODUCTION This report recommends the City Council introduce for first reading an ordinance amending Santa Monica Municipal Code Chapter 4.12 regarding noise regulations. On June 18, 2003, the Planning Commission reviewed and commented upon the proposed ordinance amendments. This report summarizes and analyzes the proposed ordinance amendments and incorporates the Planning Commission?s comments. The proposed Noise Ordinance is contained in Attachment A. BACKGROUND The City Council directed staff to research amendments to the City?s existing Noise Ordinance so as to afford greater protection to residents living in proximity to industrial and commercial uses due to a growing concern about the more diverse nature of community noise sources. 40 The City hired the consulting firm of Mestre Greve Associates to assist staff with the noise ordinance update process. The consultant aided staff with the conduct of four outreach meetings, completed research and analysis of the existing ordinance, and advised staff about proposed recommendations. Community meetings with both residents and businesses, including the Chamber of Commerce and representatives from the business improvement districts, helped staff and the consultant better understand the range of noise concerns. A number of comments were received during these meetings as well as by letter or email throughout the process (Attachment C). In response to community comments, case studies were prepared (Attachment D), the findings of which reinforced the community?s input. These case studies included an analysis of noise issues and impacts associated with car wash facilities, nightclubs, auto repair businesses, and light industrial/commercial uses adjacent to residential uses. Through the noise ordinance update process, staff and consultant learned of various problems with the existing noise ordinance. For example, the current ordinance does not fairly account for noise level measurements particularly when residential uses are located in close proximity to commercial or industrial uses. Related to this is the ordinance?s methodology, which assumes that noise levels 41 terminate at the boundary of a noise district rather than dissipating over a distance. The ordinance also does not contain express provisions regulating on- site activities that occur outside of a principal building and which may include parking lot loitering, truck deliveries, site cleaning, and other types of business support operations. With an understanding of these issues and intent to provide a balanced approach to noise regulation, staff and the consultant drafted the recommendations set forth in the attached proposed noise ordinance. The ordinance was presented to the Planning Commission for its review and comment on June 18, 2003. PROPOSED NOISE ORDINANCE AMENDMENTS In addition to a number of modifications intended to clarify the ordinance, the proposed Noise Ordinance amendments will improve the City?s ability to enforce the ordinance. These changes include clearer definitions, the creation of a noise transition zone, guidelines for the measurement of noise, and new standards for business support activities and patron education/information. The ordinance allows for an adjustment process for businesses with unique circumstances where these standards would create a special hardship. Such a process would enable community input and the imposition of appropriate conditions of approval to help ensure that a business could operate successfully while protecting the quality of life for nearby residents. Additionally, the staff report includes a code enforcement discussion about the practical issues associated with implementing 42 the Noise Ordinance and establishes a timeframe within which these standards will apply. Each of these is discussed in more detail below. Improved Definitions The definitions in the City?s existing Noise Ordinance require modification to clarify terms and to reflect current standard industry terminology. Some key changes recommended by staff include adding a definition for construction activity and modifying the duration of noise measurements. The current ordinance provides that noise measurements can be taken in a series of cumulative time periods. Stated another way, the noise measurement period could be interrupted and therefore not fairly represent the actual noise generated from a property. The proposed change requires an uninterrupted period to achieve a true reading of a noise impact. These changes will improve the City?s ability to enforce the ordinance and obtain compliance. Noise Measurement Methodology Noise measurement methodology is the basis for evaluating noise complaints. The current ordinance and the proposed changes retain certain discretion on the part of the Community Noise Officer in determining where to take noise measurements. However, as proposed, the ordinance will establish guidelines for taking these measurements, which direct that the noise measurement location be at or near the noise receptor. In selecting the measurement location, the 43 Community Noise Officer should make every effort to measure noise at locations where the receptor use is most noise sensitive. Another area where the methodology warrants revision relates to using an appropriate noise standard when conducting investigations and following up on complaints. Currently, the code requires that a complaint from a residential district about noise on a commercial property be evaluated according to the allowable dBA of the noise zone where the noise source originates ? the commercial property. This methodology results in the allowable noise level in a residential district to be 10 decibels higher than the residential standard, or 15 decibels higher if the noise source is located in an industrial district, depending on the time of the day when noise levels are measured. As noted earlier in this staff report, this methodology is unique when compared to noise regulations in other communities. Staff and consultant recommend that the appropriate residential noise standard be used as the basis for evaluating noise levels on residentially zoned properties. Additionally, to address noise issues in areas where land uses transition from one noise district to another noise district, a new noise measurement methodology is recommended. Transition Zone The Noise Ordinance?s established noise zones successfully manage noise in areas where land uses are homogenous, but become problematic at the 44 boundaries of noise zones when land uses shift from commercial and industrial to residential. Accordingly, a noise transition zone is recommended to recognize that noise is transient and does not stop at boundary lines between commercial and residential districts. Given the physical layout of the City, where commercial corridors run parallel to residential neighborhoods, staff and consultant believe a transition zone that changes the measurement methodology at the boundary is the best approach for effectively managing noise in these sensitive locations. The transition zone would achieve a balance between the needs of commercial/industrial and residential uses. A transition zone would acknowledge the inherent differences between these uses, yet provide further protections for residents in these areas. The idea of the transition zone is also based on the principle that residential areas closest to commercial areas will experience somewhat higher noise levels than residential areas that are much farther away. The transition zones will, together with the other proposed changes to the ordinance, provide greater protection to residential areas located closest to commercial or industrial areas. As proposed, a new transition zone would extend a distance of 100-feet from a noise district boundary into another, more restrictive noise district. Any portion of a property located within the 100-foot distance would result in the entire parcel being subject to the transition zone standard. The transition zone decibel level would be derived by determining the average of the two adjoining noise zones. 45 For instance, a commercial property located on Lincoln Boulevard has an evening decibel level of 60 dBA. An adjoining residential district has an evening decibel level of 50 dBA. For a depth of 100 feet into the lower, residential noise district, the decibel level would be 55 dBA for the entire affected parcel. While it may appear that the transition zone increases the decibel level of the lower noise district, in actuality it provides greater parity between the two noise zones and decreases the decibel level of the lower noise zone when compared to the existing ordinance. Using the example above, under the current ordinance, a complaint originating from a transition zone property regarding a noise violation on a commercial property would be evaluated against the commercial noise standard, 60 dBA. Under the transition zone model the same complaint would be measured against the average of the two noise zones, 55 dBA. Staff believes the transition zone will better protect residential properties without unduly burdening businesses. Business Support Operations Business support operations are those incidental activities that occur before, during and after business hours, but which are not part of the core business function. Examples of business support operations include: deliveries; refuse and recycling; steam cleaning of equipment, mats or flooring; power-vacuuming; and, cleaning of parking areas. These activities typically take place adjacent to 46 commercial businesses, often outdoors, and frequently adjacent to residential uses. It became clear during the community outreach meetings that business support operations can and do pose significant impacts when conducted in close proximity to residential areas, particularly late in the evening. Staff believes limiting the hours of business support activities would help to protect residents from noise related disturbances without significantly restricting the needs of businesses. While this provision would apply throughout the City, staff does not believe it is necessary to restrict these operations where there is no residential district within 100 feet of a commercial/industrial establishment. Further, due to the unique character of the Downtown environment as a destination for local residents and visitors, and because it is the City?s focus of activity during daytime and evening hours, staff does not believe such restrictions should apply in this area. More specifically, properties bounded by the centerlines of Colorado Avenue, Wilshire Boulevard, Ocean Avenue and Seventh Court would be exempted from this standard. The C3 zoned properties located on the north side of Wilshire Boulevard, though commonly included in the Downtown Frame, would not be exempted due to the close proximity to multifamily dwelling units. In all other areas the recommended ordinance provides that business support operations conducted within 100 feet of any residential district be prohibited 47 between 11:00 PM and 6:00 AM. These late night and early morning hours are times when most people are home, typically sleeping, and when the ambient noise environment is quieter. This will require some businesses to modify the manner in which support operations occur, though staff does not believe these restrictions will significantly impact the overall business community. Many activities that are being restricted could be accommodated during the remaining hours of the day. However, to address cases where these restrictions would be an unreasonable burden or hardship upon an individual business, the proposed ordinance contains a noise adjustment process to consider unique circumstances and, based on certain findings of fact, provide relief from these restrictions. This process would allow for community input if a hearing was requested and the imposition of appropriate conditions of approval. As indicated earlier, part of the public outreach involved soliciting feedback from the business community about restrictions related to delivery hours and refuse/recycling disposal. Some who commented were concerned that it might be difficult to adjust third party delivery schedules and stated that the Los Angeles County Health Department standards may require refuse disposal at the end of a business day when a food serving business closes. While these are legitimate concerns, the problem does not appear to be universal. Most businesses appear to receive deliveries during normal day and early evening hours. Further, after contacting the Los Angeles County Health Department, staff learned that there 48 would be opportunities for businesses to adjust their schedules to have refuse disposal before 11:00 PM. The remaining debris could remain in an internal staging area for removal the next day. Collection of refuse in residential, commercial and industrial districts by private services would be subject to this requirement. The City?s collection services presently comply with such a standard. Similarly, staff believes delivery schedules for those businesses that do rely on late night deliveries could also be adjusted as appropriate to comply with these provisions, as is often required in the approval of a discretionary permit. Nightclub and Bar Operation Another area of noise problems relates to noise from business patrons. Some of these complaints involve noisy patrons leaving restaurants, bars, and clubs, patrons congregating in parking lots and speaking loudly, and noise from vehicles such as car alarms and door slamming. Unfortunately, the noise ordinance cannot specifically address some of these issues due to legal constraints and the practical problems that would be associated with asking business operators to control the behavior of patrons before they arrive or after they leave the business location. Nevertheless, staff has recommended that the noise ordinance contain language to require businesses to help educate patrons and make them aware of sensitive noise situations. 49 Again, while it would be difficult to regulate all patron activity, staff believes that businesses can assist within the area of noise complaints. The proposed ordinance would require site posting within the building and in cases where valet parking is provided, encourage patrons to wait in the building until their vehicle is delivered. Due to the late night operations associated with bars and nightclubs, it is recommended that for the one-hour period commencing one-half hour prior to and one-half hour after the close of business, that patrons be reminded by business staff to be quiet as they leave the establishment and walk through adjacent residential neighborhoods. As with the business support operations, it is envisioned that these standards would also apply to businesses within 100 feet of residentially zoned properties. Noise Adjustment To address cases where a business or property owner is unable to comply with the proposed ordinance regulations due to unique circumstances, the proposed ordinance provides for an exemption process ? a noise adjustment. This provision recognizes that there may exist unique circumstances under which a business would be severely impacted and for which an exemption may be appropriate. As proposed, the Community Noise Officer would conduct the discretionary process, which may include a public hearing if requested by a member of the public, to review a noise adjustment application. The application process would be similar to the city?s Adjustment application process, which 50 provides for a radius notification of 100 feet and allows any member of the public to request a public hearing within 14 days from the date of the notice. Determinations of the Community Noise Officer are appealable to the Planning Commission. This process is not intended to exempt an applicant from the noise ordinance provisions, but rather to recognize unique circumstances, hardships and to provide an opportunity to explore other avenues to achieve a balance between the interests of businesses and nearby residents. Enforcement The effectiveness of the noise ordinance in terms of enforcement, particularly during late night hours, was a prominent concern expressed in community workshops and at the Planning Commission hearings. Clearly, changes to the enforcement approach will be required to effectively implement the noise regulations. Aspects of the enforcement approach may also require fine-tuning based on the final regulations enacted by the City Council. For these reasons, staff recommends that the Council separate the discussions regarding the technical regulations and enforcement, focusing first on the regulations. After the Council has enacted the technical regulations, staff proposes to refine and schedule a full discussion of the enforcement strategy. Staff envisions scheduling this strategy, which would identify responsibilities, processes and potential resource implications, for follow up discussion by the City Council within 60 days. 51 Compliance Timeframe The updated noise ordinance becomes effective 30-days after second reading by the City Council, except for the business support operations requirements. These regulations may require some businesses to alter the manner in which they operate, therefore, a 12-month compliance timeframe to provide ample opportunity for businesses to adjust to the new regulations is recommended. This period will also be used to coordinate administrative functions and amend internal code enforcement procedures to effectively enforce the noise ordinance. PLANNING COMMISSION COMMENTS The proposed noise ordinance amendments were presented to the Planning Commission at its June 18, 2003 and July 2, 2003 meetings. Both of these hearings were continued due to the late hour. However, at each meeting, the Commission listened to staff?s recommendation and accepted public testimony. A number of public speakers offered comments at each meeting addressing various topics, including 1) late night/early morning deliveries; 2) proposed business support operation standards; 3) enforcement; 4) athletics, schools, and park exemptions; and 5) vehicle-related noise. The Planning Commission continued the Noise Ordinance discussion to its July 16, 2003 meeting. Since comments were not available at the time this report 52 was released, staff will prepare a supplemental report for the Council?s information following this meeting. CEQA STATUS The proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines in that CEQA applies only to projects having the potential to cause a significant effect on the environment. This ordinance does not have this potential. The proposed ordinance modifies regulation for community noise generated and received by existing and future projects and improves enforcement of such regulations. The ordinance itself will not create a direct or reasonably foreseeable indirect physical change in the existing environment. Rather, the proposed modifications serve to further protect the environment. Subsequent development application and new uses will be monitored for compliance with the new regulations to ensure compliance. PUBLIC NOTIFICATION Pursuant to Government Code Section 65090 and 65091, notice of the public hearing for the text amendment was published as a display advertisement in the alifornia ?C? section of the Los Angeles Times newspaper since more than 1,000 property owners would have received mailed or delivered notice of the meeting. This notice was published at least ten consecutive calendar days prior to the 53 hearing. In addition, mailed notices were delivered to those persons expressing an interest in the Noise Ordinance Update process, to all neighborhood organizations, the Chamber of Commerce, the Planning Commission, the City Council, and posted on the City?s website. Consistent with State law, notice of the hearing was posted in the following three public locations: City Clerks Office, the Police Department, and at the Santa Monica Library ? Temporary Facility. A copy of the notice is included in Attachment G. BUDGET/FISCAL IMPACT The recommendation presented in this report has no budget or fiscal impact. RECOMMENDATON Staff recommends that the City Council introduce for first reading of an ordinance amending Section 4.12 of the Municipal Code relative to noise. Prepared by: Suzanne Frick, Director Jay Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Jonathan Lait, AICP, Senior Planner Bill Rodrigues, AICP, Associate Planner City Planning Division Planning and Community Development Department Attachments: A. Proposed Noise Ordinance B. Map Illustrating Noise Complaints 01/2001 to 07/2002 C. Community Comments Regarding Noise D. Case Studies 54 E. Existing Decibel Levels Standards by Zone & Construction Activity F. Noise Ordinance Decibel Comparison Table G. Notice of Public Hearing H. Public Comments F:\PLAN\SHARE\PC\STRPT\03\PC Noise Rpt.doc 55 Attachment D Revised Proposed Noise Ordinance 56 F:\atty\muni\laws\bar\CC Noise Rpt II.doc City Council Meeting 11-25-03 Santa Monica, California ORDINANCE NUMBER _____ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CITY'S NOISE ORDINANCE, CHAPTER 4.12 OF THE SANTA MONICA MUNICIPAL CODE WHEREAS, the City's land area is small, being just 8 square miles and the City's population is approximately 90,000; and WHEREAS, the City's population density of 11,200 persons per square mile is the highest among coastal communities in Los Angeles County and among the highest in the State; and WHEREAS, in addition to its large residential population, the City is a very desirable place to work or visit; and WHEREAS, on weekdays, approximately 300,000 people are present in the City and on weekends that number swells to as high as 500,000 people; and 57 WHEREAS, because of the manner in which the City is zoned, many of the City's residential districts abut the City's commercial and industrial districts; and WHEREAS, most of the City's commercial districts are mixed-use, authorizing substantial residential development; and WHEREAS, these circumstances can lead to excessive noise and make the regulation of noise a paramount concern of the community; and WHEREAS, the City receives a significant number of noise complaints throughout the City on an ongoing basis; and WHEREAS, excessive noise is a serious hazard to the public health, welfare, safety and the quality of life; and WHEREAS, excessive noise can cause communication interference, sleep disturbance, adverse physiological responses, and the overall loss of one's quality of life; and WHEREAS, a substantial body of science and technology exists by which excessive noise may be substantially abated; and WHEREAS, the residents and visitors of the City have a right to and should be ensured an environment free from excessive noise and vibration that may jeopardize their health, welfare or safety or degrade the quality of life; and 58 WHEREAS, it is the policy of the City to prevent excessive sound and vibration which may jeopardize the health, welfare or safety of its citizens or degrade the quality of life; and WHEREAS, the City's Noise Element requires the City to develop measures to control non-transportation noise impacts including maintenance of a community noise ordinance that ensures that City residents are not exposed to excessive noise levels from stationary noise sources; and WHEREAS, the City's current noise ordinance was adopted in 1992; and WHEREAS, the current noise ordinance does not provide sufficient protection to residents living in close proximity to industrial and commercial uses both in terms of the allowable noise level and the regulation of business support operations that occur outside businesses; and WHEREAS, the current noise ordinance also requires modification to clarify terms, reflect current, standard industry terminology and sound measurement techniques, and to ensure that effective enforcement can be undertaken, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: 59 SECTION 1. Chapter 4.12 of the Santa Monica Municipal Code is hereby amended to read as follows: Section 4.12.010 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 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 4.12.020 Definitions. The following words and phrases as used in this Chapter shall have the following meanings: Deleted: (a) Allowable Exterior Deleted: noise level Deleted: as measured in decibels Ambient Noise Level. (a) The all-encompassing noise level Deleted: Median associated with a given environment, being a composite of sounds Deleted: Noise Equivalent Level (Leq). The from all sources, excluding the alleged offensive noise, at the Deleted: permitted in a Noise Zone location and approximate time at which a comparison with the Deleted: maximum alleged offensive noise is to be made. Deleted: (b) Deleted: A-Weighted Sound Level. (b) The level in decibels of (c) Deleted: total sound sound as measured with a sound level meter with a reference Deleted: all 60 Formatted Formatted Formatted pressure of twenty micro-pascals using the A-weighted network (scale) at a slow response. The unit of measurement shall be Deleted: defined Community Event designated as dBA. (c). . Any event that has Deleted: ¶ obtained a Community Event Permit pursuant to Santa Monica Municipal Code Chapter 4.68. Community Noise Officer. (d) The person designated by the City Manager to administer the provisions of this Chapter. (e) Construction Activity. Shall mean the following: (1) The operation of any tool, machine or equipment including, but not limited to, vehicles and helicopters, being used by Formatted contractors or subcontractors and their employees to carry out any work for which a building permit is required, including, but not limited to, demolition, grading, excavating, or construction; (2) Performing any construction, maintenance, or repair on buildings or structures or any work preparing the site for construction or repair including but not limited to staging, grading, excavation, and demolition; (3) Any painting using motorized equipment or any painting that is part of the construction activity for which a building permit Formatted has been issued; (4) The loading or unloading of construction equipment, Formatted materials, or supplies from vehicles at or near the site of the construction activity; 61 (5) The coming and going staging or idling, at or near the site of construction activity, of any construction vehicle or any vehicles bringing construction equipment, materials or supplies to Formatted the site of the construction or the staging of such vehicles on any Deleted: ; Formatted public streets Deleted: coming and going (6) The staging or idling, at or near the site of construction Formatted activity, of any food services vehicle providing food services to Formatted persons working at a site of construction activity or the use of a horn or other device by a food services vehicle to alert customers that the vehicle has arrived. Formatted Deleted: e () Deleted: Cumulative Period. An additive period of time composed of individual time segments which may Decibel (dB). (f) A unit that denotes the ratio between two be continuous or interrupted. Deleted: which 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. Emergency Machinery, Vehicle, Work or Alarm. (g) Any machinery, vehicle, work or alarm used, employed, performed or operated in an effort to protect, provide or restore safety conditions Deleted: (a) Deleted: Allowable Exterior in the community or for the citizenry, work by private or public Deleted: Median utilities when restoring utility serviceor work repairing public Deleted: Equivalent infrastructure. Deleted: maximum Equivalent Noise Level (Leq). (h) The equivalent noise Deleted: as measured in decibels level as measured using the A-weighted sound level decibel Deleted: permitted in a Noise Zone 62 Formatted Formatted Formatted Formatted Formatted scale. The measurement of equivalent noise level shall be in accordance with International Electrotechnical Commission (IEC) International Standard 61672 (Part 1), 'Electroacoustics-Sound Level Meters,' Section 3.9, 'Equivalent Continuous Sound Level?, or most recent revision thereof. Deleted: (h) Fixed Noise Source. (i) A stationary device that creates Deleted: which sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial or commercial machinery, equipment, pumps, fans, compressors, air conditioners, construction, or refrigeration equipment. Formatted Deleted: (i) Grading. (j) Any excavating or filling of earth material or any combination thereof conducted at a site to prepare said site for Formatted construction or other improvements thereon. Deleted: (j) Hertz (Hz). (k) The unit that describes the frequency of a Deleted: which function periodic in time, which is the reciprocal of the period. Deleted: (k) Health Care Institution. (l) 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. Deleted: (l) Impulsive Noise. (m) A noise of short duration usually less than one second and of high intensity, with an abrupt onset and rapid decay. 63 Deleted: (m) Intruding Noise Level. (n) The total sound level, expressed in the A-weighted sound level decibel scale, created, caused, maintained or originating from an alleged offensive source at a specified location while the alleged offensive source is in operation. Deleted: n (o) Maximum Instantaneous A-weighted, Slow Sound () Deleted: Major Roadway. Any street, avenue, boulevard, freeway or highway used for motor vehicle traffic Pressure Level. The highest level that was observed during the by the public.¶ Deleted: (n) measurement using the A-weighting and Slow response settings on the Sound Level Meter. Mechanical Equipment. (p) Equipment such as pool pumps, spa pumps, air conditioners and accessory equipment such Deleted: (o) as generators, ducts and vents. Deleted: (p) Mobile Noise Source. (q) Any noise source other than a fixed noise source. Deleted: (q) Noise Sensitive Land Use. (r) Public or private schools, places of worship, cemeteries, libraries, hospitals and similar health care institutions. Deleted: ( Person. (s) A person, firm, association, co-partnership, joint Deleted: q Deleted: r) venture, corporation or any entity, public or private in nature. Deleted: ( Formatted Simple Tone Noise. (t) A noise characterized by a Deleted: r Deleted: s) predominant frequency or frequencies so that other frequencies Formatted cannot be readily distinguished. If measured, simple tone noise Formatted shall exist if the one-third octave band sound pressure level in the Formatted band with the tone exceeds the arithmetic average of the sound Formatted 64 Formatted pressure levels of the two contiguous one-third octave bands by: five dB for frequencies of five hundred Hz and above; by eight dB for frequencies between one hundred sixty and four hundred Hz; and, by fifteen dB for frequencies less than or equal to one hundred twenty-five Hz. Deleted: ( Sound Level Meter. (u) An instrument meeting Deleted: s Deleted: t) International Electrotechnical Commission (IEC) International Standard 61672 (Parts 1 and 2) 'Electroacoustics - Sound Level Deleted: American National Standard Institute's Standard S1.4- Meters,' or most recent revision thereof, for a Type 1 Sound Level 1971 Deleted: type Meter or an instrument and the associated recording and analyzing Deleted: sound Deleted: level equipment which will provide equivalent data. Deleted: meter Sound Pressure Level. (v) Twenty times the logarithm to Deleted: ( Deleted: t the base ten of the ratio of the pressure of the sound to a reference Deleted: u) pressure which shall be explicitly stated. The term 'noise level' used in this ordinance is the Sound Pressure Level. Deleted: ( Vibration. (w) Any movement of the earth, ground or other Deleted: u Deleted: v) similar surface created by a temporal and spatial oscillation of Deleted: spacial displacement, velocity or acceleration in any mechanical device or equipment located upon, attached or affixed to, or in conjunction Deleted: . with that surface Deleted: 60 Section 4.12.030 Exemptions . 65 Deleted: ed The following activities shall be exempt from the provisions Deleted: specifically indicated of this Chapter unless otherwise expressly identified in any section of this Chapter: (a) Activities conducted on public parks, public playgrounds and public or private school grounds including, but not limited to, school athletic and school entertainment events. Deleted: Outdoor gatherings, public dances, shows and sporting (b) Community events. and entertainment Deleted: , provided said events are (c) Any alarm or emergency device, apparatus or equipment conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging regulated by Municipal Code Sections 3.56.010 through 3.60.010. of said events (d) Noise sources associated with the installation, Formatted maintenance, repair or replacement of public utilities or public Deleted: services Formatted infrastructure conducted by the City of Santa Monica or a public utility company, or their agents and employees, while conducting duties associated with their employment, subject to the restrictions Deleted: between the hours of 7:00 a.m. and 8:00 p.m. Monday through contained in 4.12.110(a) for allowable construction times. . Friday and between 9:00 a.m. and 8:00 p.m. on Saturday (e) Emergency work required to be performed to protect , persons property, or public safety following public calamity or from imminent exposure to danger or hazards or public safety, 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 10.04.04.010 et seq. (Aircraft Noise Abatement Code). Deleted: (g) Noise sources associated with activities conducted by the City of Santa Monica, its agents and employees. Formatted 66 Formatted Formatted Formatted Deleted: (h) (g) Any activity to the extent regulation thereof has been preempted by State or Federal law. Deleted: 30 Deleted: Decibel measurement criteria Section 4.12.040Exterior Equivalent Noise Level Measurement Methodology. Any noise level measurements 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 network (scale) at slow response. Equivalent noise level measurements may be taken at any location on the exterior of any property impacted by the noise, as selected at the discretion of the Community Noise Officer or his or her designee. A violation of this Chapter shall occur if the noise standards established by this Chapter are exceeded at the impacted property irrespective of whether the noise standards are exceeded at the source of the noise. Deleted: 40 Section 4.12.050 Designated noise zones. The properties hereinafter described are hereby assigned to the following noise zones: Deleted: All noise or vibration Noise Zone I. All property in any residential district Deleted: sources Deleted: located within a established by Municipal Code Section 9.04.04 or any revisions Deleted: ("R" or "OP") Deleted: created thereto. In addition, property zoned Low Density Multiple Deleted: prior Deleted: 9103 Residential Beach District (R2B), Medium Density Multiple Family Coastal Residential District (R3R), Ocean Park Single Family Residential District (OP1), OP Duplex Ocean Park Duplex Residential District (OP-Duplex) OPD, Ocean Park Low Multiple 67 Residential District (OP2), Ocean Park Medium Multiple Residential District (OP3), and Ocean Park High Multiple Residential District (OP4) shall be included in this noise zone. The Santa Monica Pier shall be excluded from this noise zone. Deleted: All noise or vibration Noise Zone II. All property in any commercial district Deleted: sources Deleted: located with established by Municipal Code Section 9.04.04 or any revisions Deleted: (any "C" district), including any neighborhood commercial district, thereto. In addition, property zoned Beach Parking District (BPD), Deleted: created Deleted: prior Civic Center (CC), Bayside Commercial District (BSCD) and the Deleted: 9103 Santa Monica Pier shall be included in this noise zone. Deleted: All noise or vibration Noise Zone III. All property in any manufacturing or Deleted: sources Deleted: located with industrial district as established by Municipal Code Section Deleted: (any "M" district) Deleted: created 9.04.04 or any revisions thereto. In addition, property zoned Light Deleted: prior Deleted: 9103 Manufacturing and Studio District (LMSD) shall be included in this noise zone. 68 Deleted: 50 Section 4.12.060 Exterior noise standards. (a) The following exterior noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone during the times indicated: Noise Zone Time Interval Allowable Leq 15 minute 5 minute continuous continuous measurement period measurement period I Monday ? Friday 10pm to 7am: 50 dBA 55 dBA 7am to 10pm: 60 dBA 65 dBA Saturday and Sunday 50 dBA 55 dBA Formatted 10pm to 8am: 60 dBA 65 dBA 8am to 10pm: Formatted II All days of Week 10pm to 7am: 60 dBA 65 dBA 7am to 10pm: 65 dBA 70 dBA III Anytime 70 dBA 75 dBA Deleted: Allowable Exterior Noise 69 time and for any period of time.level Deleted: Noise Equivalent¶ ZoneTime IntervalLevel¶ ¶ I Monday through Friday:¶ 12 a.m. to 7 a.m. and¶ from 10 p.m. to 12 a.m. 50 dBA¶ ¶ 7 a.m. Deleted: 60 (b) For each Noise Zone, the allowable exterior equivalent Deleted: to 10 p.m. 60 dBA¶ ¶ Saturday and Sunday:¶ noise level shall be reduced by 5 dBA for impulsive or simple tone 12 a.m. to 8 a.m. and¶ from 10 p.m. to 12 a.m.50 dBA¶ ¶ noise, or for noises consisting of speech or music. If the ambient 8 a.m. to 10 p.m.60 dBA¶ Deleted: II 12 a.m. to 7 a.m. and¶ noise level exceeds the allowable exterior noise level standard, the from 10 p.m. to 12 a.m.60 dBA¶ ¶ 7 a.m. to 10 p.m.65 dBA ambient noise level shall be the standard. Deleted: III Anytime 70 dBA¶ Deleted: median (c) Except as provided in this Chapter, no person shall at Deleted: e any location within the City create any noise or allow the creation of Deleted: s any noise on property owned, leased, occupied or otherwise Deleted: Except as provided for in this Chapter, it shall be unlawful for controlled by such person, which causes: any person at any location within the City to create any noise, or to allow the creation of any noise on property (1) the equivalent noise level to exceed any of the noise owned, leased, occupied or otherwise controlled by such person, which causes the noise level to exceed: standards established in subsection (a) of this Section, or (2) a maximum instantaneous A-weighted, slow Deleted: ¶ sound pressure level to exceed any of the decibel limits established Deleted: (1) The noise standard for the applicable Noise Zone for a cumulative period of more than 15 in subsection (a) of this Section plus 20 dBA, for any period of time. minutes in any Deleted: half-hour; or¶ (2) A maximum instantaneous noise e Deleted: qual to the value of the noise standard plus 20 dBA at any (d) If any portion of a parcel is located within 100-feet of a noise zone with higher noise standards as compared to the noise standards for the noise zone in which the parcel is located, then the maximum allowable exterior equivalent noise level for the entire 70 Formatted Formatted Formatted ... [1] ... [2] Formatted Formatted Formatted Formatted Formatted Formatted Formatted parcel shall be the average of the noise standards of the two noise zones. (e) Construction activity shall be subject to the noise Formatted standards set forth in Section 4.12.110. (f) The noise standards established in Section 6.116.030 shall apply on the Third Street Promenade and the Transit Mall. Deleted: Section 4.12.070 Schools, places of worship, 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, place of worship or library while in use, to exceed the prescribed noise standards specified Section 4.12.070 Vibration. in Section 4.12.050(a) for the Noise Zone in which the school, hospital, place of worship or library is located. Deleted: Section 4.12.080 Location Notwithstanding other section of this Chapter, it shall be of noise level measurement.¶ The Community Noise Officer shall have the sole discretion to select the unlawful for any person to create, maintain or cause any ground Formatted location for measuring exterior noise levels vibration that is perceptible without instruments at any point on any Deleted: consistent with standards established by American National Standard Specifications for Sound property adjoining the property on which the vibration source is Meters Deleted: . located. For the purpose of this Chapter, the perception threshold Deleted: 090 Deleted: S shall be presumed to be more than 0.05 inches per second RMS Deleted: s Deleted: which velocity. The vibration caused by construction activity, moving Deleted: affected vehicles, trains, and aircraft shall be exempt from this Section. Deleted: 100 Deleted: Variance Section 4.12.080 Noise Adjustment procedure. 71 (a) The owner or operator of a noise or vibration source Deleted: variance may file an application with the Community Noise Officer for a noise adjustment from the provisions of this 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 with the provisions of this Chapter, the reasons why compliance cannot be achieved, a proposed method of achieving Deleted: or of substantially reducing the noise or vibration compliance to the greatest extent feasible and a proposed time schedule for its accomplishment. 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 Deleted: variance hearing on the application for a noise adjustment within 45 days of its receipt by the Community Noise Officer. No later than ten days Deleted: seven prior to the hearing, the Community Noise Officer or his or her Deleted: ate designee shall give notice of the time, 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 hearing 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 and to residential and 72 Formatted Formatted Formatted commercial tenants of the involved property. The applicant for a variance shall be responsible for supplying, at his or her expense, the Community Noise Officer with a verified list of all persons and entities to be notified of the hearing. With respect to each property, the individual owner(s) shall be determined through The last known name and address of each property owner as contained in inspection of the records of the Los Angeles County Assessor shall be used. Tenants or lessees to be notified shall be determined through a site census of the affected area. The address of the residential and commercial tenants shall be determined by visual site inspection or other reasonably accurate means. The applicant for the adjustment shall be responsible for supplying, at his or her expense, the Community Noise Officer with a list of property owners and tenants within the prescribed area of notification and shall sign an affidavit verifying that the list has been prepared in accordance with the procedure outlined in this Section. 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 Deleted: ¶ variance.(c) All notices of an application for an noise adjustment 73 shall state the nature of the request, the location of the property, and the manner in which additional information may be received. Deleted: ¶ (d) An application for an extension of a noise adjustment Deleted: c Deleted: variance previously granted shall be subject to this Chapter to the same Deleted: variance extent as an initial application for a noise adjustment. Deleted: d (e) The Community Noise Officer shall evaluate all Deleted: variances applications for noise adjustments and may grant adjustments or Deleted: variances extensions subject to such terms, conditions, and requirements as Deleted: to achieve compliance the officer may deem reasonable consistent with the provisions of Deleted: with this Chapter. Each decision on a request for a noise adjustment or Deleted: variance extension shall be set forth in writing which shall contain the Deleted: the approved method of achieving compliance with this findings of fact upon which thedecision is based. No adjustment Chapter and a time schedule, not to exceed one year from the date of the decision, for achieving full compliance or extension shall be granted unless each of the following findings with this Chapter. Deleted: variance are made: (1) That strict application of this Chapter would result in Deleted: s unreasonable hardship inconsistent with the general purpose and intent of this Chapter; (2) That there are exceptional circumstances or conditions applicable to the property, the existing improvements, or the activity Deleted: that are unique to it and that do not apply generally to other involved ; property in the same Noise Zone Deleted: variance (3) That the granting of a noise adjustment would not be materially detrimental to the persons and property within the affected Noise Zones and to public welfare. Formatted 74 Formatted (4) That the noise has been reduced to the greatest extent feasible. Deleted: e (f) Any violation of the terms of said noise adjustment shall Deleted: variance be unlawful. Deleted: f (g) A noise adjustment may be revoked if the Community Deleted: variance Noise Officer makes any one or more of the following findings: Deleted: variance (1) That the noise adjustment was obtained by misrepresentation or fraud; (2) That one or more of the conditions of the noise Deleted: variance adjustment have not been complied with; Deleted: variance (3) That the noise adjustment was issued in contravention of state or federal law or any ordinance of the City. 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 occurring prior to the granting of a noise Deleted: ¶ adjustment.(h) Any person aggrieved by a decision of the Deleted: g Community Noise Officer may appeal to the City's Hearing Deleted: Section 6.20.090 and prior code Sections 6124 and 6126 Examiner pursuant to the time limits and procedures of Chapter 6.16 of the Santa Monica Municipal Code. The decision of the 75 Hearing Examiner shall be final except for judicial review and shall not be appealable to the City Council. Deleted: h (i) . The City Council shall establish by resolution fees for Deleted: All persons who appeal any decision or order of the Community Noise Officer to the Hearing Examiner the filing and processing of any application or appeal established by shall pay a fee of $200.00 at the time the appeal is filed this Section. These fees may be revised from time to time by Deleted: is resolution of the City Council. 76 Deleted: 110 Section 4.12.090 Noisy animals. No person shall permit or allow any animal under his or her ownership, custody or control to bark, yell or cry for more than five (5) minutes in any one (1) hour period. Deleted: 120 Section 4.12.100 Restrictions in public parks, beaches, or recreational facilities. Deleted: (a) No person shall play any drum or other percussion type instrument or device in or upon any public park, beach, or recreational facility owned or maintained by the City of Santa Monica. (a) No person shall play any audio or electronic device including, but not limited to, any radio, tape player, compact disc, Deleted: (b) electronic keyboard or any other musical instrument after 10:00 p.m. or before 8:00 a.m. in or upon any public park, beach or Deleted: or electronic keyboard recreational facility owned or maintained by the City of Santa Deleted: (c) Monica unless this device is being used in conjunction with Deleted: the Formatted headphones or earphones. Deleted: of Deleted: drum, other percussion type (b) This Section shall not prohibit any individual or group Formatted from playing any musical instrument, or any other audio or Deleted: in any band or orchestra electronic device if granted permission by the City to play or or other musical group which Deleted: has been perform in or upon a public park , beach or other recreational facility owned or maintained by the City pursuant to a Community Event permit. Deleted: public 77 Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted or used for the demolition of any er thing designed tool, machine or othPermitting the operation of any (2)¶property or part thereof;or for the excavating or grading of any demolition of any building or structure thing designed or used for the operated any tool, machine or other rating or causing to be Ope (1)¶"demolition activity" includes:For purposes of this Section, (d)¶resolution of the City Council.may be revised from time to time by The fees provided for in this Section Chief of Police and the City Manager. vices, the Building Officer, the Serapproved by the Director of General issued unless the application is first General Services. No permit shall be shall be made to the Director of Services Department, applications the jurisdiction of the General building or other public place under ley, the use of a public street, alwith respect to work upon or involving Deleted: Section 4.12.130 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:¶ Section 4.12.110 Restrictions on demolition, excavation, (1) Before 8:00 a.m. or after 6:00 p.m. on Monday through Friday, except that demolition activities grading, spray painting, construction, maintenance or repair of conducted by the employees of the City of Santa Monica or public utilities shall not occur before 7:00 a.m. or buildings. 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;¶ (a) No person shall engage in any construction activity (4) All day on New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, during the following times anywhere in the City: Thanksgiving Day and Christmas Day, as those days have been established by the United States of (1) Before eight a.m. or after six p.m. on Monday through America.¶ (b) The noise level created by demolition activity shall not exceed Friday, except that construction activities conducted by employees the allowable exterior noise equivalent level specified in Section 4.12.050(a) of this Chapter, as of the City of Santa Monica or public utilities while conducting applicable for the Noise Zone where the activity occurs, plus 10 dBA.¶ (c) A permit may be issued duties associated with their employment shall not occur before authorizing demolition activity during the times prohibited by this Section whenever it is found to be in the seven a.m. or after six p.m. on Monday through Friday; public interest. The person obtaining the permit shall provide notification to persons occupying property within a (2) Before nine a.m. or after five p.m. on Saturday; perimeter of five hundred feet of the site of the proposed demolition activity prior to commencing work (3) All day on Sunday; pursuant to the permit. The form of the notification shall be approved by the City and contain procedures for (4) All day on New Year's Day, Martin Luther King?s the submission of comments prior to the approval of the permit. Applications for such permit shall be Birthday, Lincoln?s Birthday, Washington?s Birthday, Memorial Day, in writing, shall be accompanied by an application fee in the amount of Twenty-Five Dollars ($25.00), and Independence Day, Labor Day, , Thanksgiving Day and Christmas shall set forth in detail facts showing that the public interest will be served by the issuance of such permit. Day, as those days have been established by the United States of Applications shall be made to the Building Officer; provided, however, America. Deleted: 140 Deleted: Veterans Day (b) Except as set forth in subsection (d) of this Section, the Deleted: T Deleted: level noise created by construction activity shall not cause : Deleted: exceed Deleted: allowable exterior noise (1) the equivalent noise level to exceed any of the noise Deleted: 50 standards specified in Section 4.12.060 of this Chapter, as Deleted: (a) 78 ... [3] Formatted Deleted: ten applicable for the Noise Zone where the activity occurs, plus Deleted: except as set forth in subsection ( twenty dBA or, . Deleted: c (2) a maximum instantaneous A-weighted, slow sound Deleted: e) Deleted: pressure level to exceed any of the decibel limits specified in Deleted: of this Section Section 4.12.060 of this Chapter plus forty dBA, for any period of time. (c) Prior to the issuance of a building permit, all development projects located within five hundred 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, jackhammers, pavement breakers or similar equipment; (2) Construction activities such as twenty-four-hour pumping, excavation or demolition. (3) A list of measures that will be implemented to minimize noise impacts on nearby residential uses. (d) Any construction that exceeds the noise levels established in subsection (b) of this Section shall occur between Deleted: If it is determined that construction noise will exceed ninety the hours of 10am and 3pm, Monday through Friday. dBA at a distance of fifty feet or greater, the use of the equipment which produces such noise will be (e)() A permit may be issued authorizing construction limited to between the hours of ten a.m. and three p.m. activity during the times prohibited by this Section whenever it is Deleted: d found to be in the public interest. The person obtaining the permit 79 Formatted: Bullets and Numbering for each and every day during any shall be guilty of a separate offense imprisonment. Each such person six months, or by both such fine and County Jail for a period not exceeding violation, or by imprisonment in the ne thousand dollars per exceeding oshall be punishable by a fine not dollars, or a misdemeanor, which not exceeding two hundred fifty shall provide notification to persons occupying property within a Deleted: in the amount of twent Deleted: y-five dollars perimeter of five hundred feet of the site of the proposed Deleted: ; provided, however, with respect to work upon or involving the construction activity prior to commencing work pursuant to the use of a public street, alley, building or other public place under the jurisdiction of the permit. The form of the notification shall be approved by the City Deleted: Environmental and Public Works Management Department and contain procedures for the submission of comments prior to the Deleted: , applications shall be made to the Director of Environmental and Public Works Management approval of the permit. Applications for such permit shall be in Deleted: City Manager Deleted: The fees provided for in writing, shall be accompanied by an application fee and shall set this Section may be revised from time to time by resolution of the City Council. forth in detail facts showing that the public interest will be served by Deleted: ( Deleted: e the issuance of such permit. Applications shall be made to the Deleted: ) No permit is required to perform emergency work necessary Building Officer. No permit shall be issued unless the application is to restore property to a safe condition following a public calamity or work required to protect persons or first approved by the Director of Environmental and Public Works property from an imminent exposure to danger or hazards Management, the Building Officer, the Chief of Police and the Deleted: (f) For purposes of this Section, "construction activity" includes:¶ Director of Planning and Community Development. The City (1) The operation of any tool, machine or equipment including, but not limited to, vehicles and Council shall establish by resolution fees for the filing and helicopters being used by contractors or subcontractors and their employees to carry out any work for processing of the application required by this subsection (f) and any which a building permit is required;¶ (2) Performing any construction, maintenanc required compliance monitoring. This fee may be revised from time Deleted: or repair work on buildings or structures to time by resolution of the City Council. Deleted: (3) Any painting using motorized equipment or any painting that is part of the construction activity . for which a building permit has been issued;¶ (4) The coming and going of any e 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 providing food services to persons working at a site of construction activity. Deleted: g Deleted: Any person violating this Section shall be guilty of an infraction, Section 4.12.120 Posting of construction signs. which shall be punishable by a fine Deleted: 210 80 ... [4] (a) There shall be displayed at every site covered by this Deleted: and costing in excess of ten thousand dollars Chapter where work activities requiring a City permit 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, no 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 authorizing the work. (b) Signs required by this Section shall be continually Deleted: all placed prominently at the primary entrance to the work site so that Deleted: s 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 that comply with this Section. 81 (e) This Section shall apply to construction pursuant to any building permit issued after the effective date of the Ordinance codified in this Chapter. Deleted: 150 Section 4.12.130 Location, screening and noise measurements of mechanical equipment. Deleted: In addition to satisfying the requirements of Section , All development project applications must demonstrate 9.04.10.02.390 Deleted: a compliance with or contain the following information: (a) A list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors which may be heard outdoors. All such equipment shall require a noise analysis to demonstrate compliance with Section 4.12.060 prior to the issuance of a building permit for the development project. Deleted: (b)Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot unless it can be shown that the noise will comply with the requirements of Section 4.12.060. Roof locations may be used Deleted: sound-rated parapet enclosure when the mechanical equipment is installed within a noise attenuating structure. Deleted: (c)Final approval of the location of any mechanical equipment Formatted Deleted: installation will require a noise test to demonstrate compliance with Section Deleted: in compliance 4.12.060.Equipment for the test shall be provided by the owner or Deleted: 040 Deleted: 82 Formatted Formatted Formatted 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 Deleted: ¶ for the applicable noise zone. Deleted: ¶ 83 Deleted: 160 Section 4.12.140 Nightclubs, bars and establishments with amplified music. (a) All entrances and exits, except exits which are solely emergency exits, 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 or manufacturing zones. (b) Entrances and exits, except exits which are solely emergency exits, shall be designed as two-door vestibules, so that only one 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 doors and windows is not sufficiently Deleted: 50 reduced to comply with Section 4.12.060 of this Chapter, then Deleted: complying sound-rated door and window assemblies tested in accordance Deleted: 87 with ASTM E-90-02, or any successor, 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 Deleted: the installation will require the passing of a noise level testand 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 84 Formatted Formatted Formatted of use was filed with the City's Planning Division on or after September 1, 1992, or if no application is necessary, to nightclubs, bars and establishments with amplified music constructed or substantially remodeled after September 1, 1992. The replacement, relocation, or addition of a window or exterior exit door in any existing nightclub, bar, and establishment shall also be subject to this Section. (d) This Section shall not apply to any establishment on the Santa Monica Pier. Section 4.12.150. Business Support Operations (a) No business establishment shall engage in the following activities outside of an enclosed building between the hours of 11 p.m. to 6 a.m. if the property on which the establishment is located is within one hundred feet of a residentially zoned property: (1) Receipt or delivery of merchandise, goods, food, or any item for use in the operation of the business. (2) Trash disposal and recycling activities. (3) Any maintenance or cleaning of equipment or furnishings (4) Any cleaning of the property with pressurized or mechanical equipment. 85 Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted (b) No business establishment shall operate outdoor speaker(s) or public address system(s) if the property on which the establishment is located is within one hundred feet of a residentially zoned property except as authorized pursuant to 9.04.14.090 of this Code. (c) Nightclubs and bars located within one hundred feet of a residentially zoned property shall comply with the following requirements in addition to the requirements of subsection (a) of this Section: (1) A sign not less than 2 square feet in size shall be posted over every public exit, except an exit which is used solely as an emergency exit, which contains the following statements: (i) This establishment is located near residences. Please be courteous to our neighbors and do not disturb their peace and quiet as you leave. (ii) If you used a valet service to park your car, please ask your passengers to remain inside this establishment until your car is retrieved. (2) During the thirty minute periods immediately preceding and following the closing of the establishment for business each day, the establishment shall designate an individual whose responsibility both inside and outside the premises shall be to ensure that patrons leaving the property do so promptly and quietly. 86 Formatted (d) Existing business establishments shall comply with this Section within six months of the effective date of Ordinance No. ___ (CCS). This Section shall not apply to business Formatted establishments within the area of the City bounded by the centerline of Ocean Avenue, the centerline of Wilshire, the Formatted centerline of Colorado, and the centerline of 7th Court. 87 Deleted: 190 Section 4.12.160 Interference with enforcement . Deleted: , oppose, No person shall interfere with or resist the taking of any Deleted: ¶ noise measurement authorized by this Chapter. Deleted: 200 Section 4.12.170 Noise reduction in project siting and design. New development may only be permitted if noise mitigation Deleted: Section 4.12.210 Posting of construction signs.¶ measures are taken in project siting and design such that exterior (a) There shall be displayed at every site covered by this Chapter where work activities requiring a City noise levels meet equivalent noise level requirements of Section permit and costing in excess of ten thousand dollars are being conducted, a sign in English and 4.12.060 and the standards contained in the Interior and Exterior Spanish reading substantially as follows: "Attention All Employees and Subcontractors. Santa Monica Noise Standards Matrix as contained in the Noise Element of the construction/demolition work times are: Monday through Friday, 8:00 a.m. until 6:00 p.m.; Saturday 9:00 General Plan for any existing noise sources near the project or a.m. until 5:00 p.m.; Sundays and holidays, no work permitted." In addition, the sign shall indicate the contained within the project. City telephone numbers where violations of this Section can be reported, the location of the job site, and the permit number issued authorizing the work.¶ (b) Signs required by this Section shall be continually placed prominently at all entrances to the work site so that they are clearly Section 4.12.180 Restrictions on gardening or visible to the public and to all employees, contractors, subcontractors and all other persons landscaping activities. performing work at the site, so long as activity covered by this Section is occurring.¶ (a) No person shall engage in any gardening or (c) Each sign required to be displayed pursuant to this Section shall be obtained from the Building landscaping activity by use of any internal combustion, motorized or and Safety Division. The Building and Safety Division shall charge for each sign a fee equal to the City's cost of electromechanical means during the following times anywhere in printing the sign.¶ (d) Each Department or agency of the City that is required to inspect the the City: work site is directed only to inspect sites which comply with this Section.¶ (e) This Section shall apply to (1) Before 8:00 a.m. or after 8:00 p.m. on Monday through construction pursuant to any building permit issued after the effective date of the Ordinance codified in this Friday, except that gardening or landscaping activities conducted Chapter. Deleted: ¶ Deleted: 220 88 by employees of the City of Santa Monica or public utilities shall not occur before 7:00 a.m. or after 8:00 p.m. on Monday through Friday; (2) Before 9:00 a.m. or after 8:00 p.m. on Saturday and Sunday, or on New Years Day, Martin Luther King?s Birthday, Lincoln?s Birthday, Washington?s Birthday, Memorial Day, Deleted: Veterans Day Independence Day, Labor Day, , Thanksgiving Day and Christmas Day, as those days have been established by the United States of America. (b) A permit may be issued authorizing gardening or landscaping activity during the times prohibited by this Section whenever it is found to be in the public interest. Applications for such permits shall be in writing, accompanied by any applicable fee as the City Council may by resolution establish, and shall set forth in detail facts showing that the public interest will be served by the issuance of the permit. Applications shall be made to the Community Noise Officer , whose decision shall Deleted: Zoning Administrator be final and not appealable to the City Council. Deleted: 170 Section 4.12.190 Criminal remedies. It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements of this Chapter. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, unless otherwise provided, and upon conviction thereof shall be fined in an amount not to exceed five hundred dollars or be imprisoned in the City Jail for a period not to exceed six months or by both such fine and imprisonment. Each such person shall be guilty of a Deleted: Each day such violation is committed or permitted to continue separate offense for each and every day during any portion shall constitute a separate offense of which any violation of any provision of this Chapter is and shall be punishable as such committed, continued or permitted by such person and shall be punishable accordingly. Deleted: 180 Section 4.12.200 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 89 the City Council.not be appealable to review and shall Officer shall be final except for judicial appeal the decision of the Hearing Chapter. With respect to any such terms of Section 4.12.100(g) of this the decision in accordance with the this Section shall be entitled to appeal penalty.percent of the amount of the civil shall pay a separate charge of ten after the issuance of an order to do so pay a civil penalty within thirty days o fails to of this Chapter. A person whdollars for each subsequent violation and penalties up to five hundred for an initial violation of this Chapter, issue orders imposing6.16.030 of this Code.timely filed pursuant to Section Deleted: Attorney City or any aggrieved person in any manner permitted by law Deleted: No provision of this including, but not limited to, suit in a court of competent jurisdiction. Chapter shall be construed to impair or diminish any common law or other statutory cause of action or legal or Each day such condition continues shall be regarded as a new and equitable remedy available to the City or to any person for injury or damage arising from violation of this Chapter separate offense. or from other law. Deleted: (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 (b) I The violation of any provision of this Chapter may also Article 6 of this Code.as set forth as follows:¶ (1) The be grounds for the imposition of administrative fines and penalties Deleted: Zoning Administrator Deleted: may suspend a business in accordance with Chapters 1.09 and 1.10 of the Code. license for up to thirty days or, as provided in Deleted: Section 4.12.180(b)(2) Deleted: , may revoke a business license issued pursuant to Article 6 of this Code, if the holder of the (c) The Community Noise Officer may designate qualified business license has violated the provisions of this Chapter or the terms and conditions of any permit or city staff in the Planning and Community Development Department approval issued pursuant to this Chapter.¶ (2) Upon a third violation of this and the Police Department to enforce the provisions of this Chapter, or the terms and conditions of any permit or approval within a three (3) year period from the date of Chapter. the first violation, the Deleted: Zoning Administrator (d) No provision of this Chapter shall be construed to impair Deleted: may notify the person of the revocation of the person's or diminish any common law or other statutory cause of action or business license.¶ (c) Any notice of revocation or suspension issued pursuant to this Section shall be final if no appeal is legal or equitable remedy available to the City or to any person for Deleted: (d) injury or damage arising from violation of this Chapter or from other Deleted: n addition to other remedies, the Community Noise Officer shall have the authority to law. Deleted: civil and Deleted: remedies Deleted: for violations of this Chapter Section 4.12.210. Administrative Guidelines Deleted: These remedies can The Community Noise Officer shall prepare administrative guidelines to include, but are not limited to, civil implement this Chapter. penalties of up to one hundred dollars Deleted: (e) Any person assessed a penalty or who has had his or her SECTION 2. If any section, subsection sentence, clause or phrase of this ordinance is for any business license revoked pursuant to reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining 90 ... [5] ... [6] ... [7] ... [8] Formatted Formatted portions of the ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every 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. 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 effect the provisions of this Ordinance. SECTION 4. 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: ________________________________________ MARSHA JONES MOUTRIE City Attorney 91 Page 70: [1] Deleted Jonathan Lait 5/23/2003 3:32:00 PM half-hour; or (2) A maximum instantaneous noise level Page 70: [2] Deleted Jonathan Lait 5/23/2003 3:32:00 PM qual to the value of the noise standard plus 20 dBA at any time and for any period of time. Page 78: [3] Deleted Captain Picard 5/22/2002 4:01:00 PM Section 4.12.130 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 utilities 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; (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 4.12.050(a) 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 public interest. The person obtaining the permit shall provide notification to persons occupying property within a perimeter of five hundred feet of the site of the proposed demolition activity prior to commencing work pursuant to the permit. The form of the notification shall be approved by the City and contain procedures for the submission of comments prior to the approval of the permit. Applications for such permit shall be in writing, shall be accompanied by an application fee 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. 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; (4) The coming and going of any food services vehicles providing food services to persons working at a site of demolition activity. Page 80: [4] Deleted Bill_R 3/18/2003 5:02:00 PM Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of this Section is committed, continued or permitted by such person and shall be punished accordingly. In addition to the penalties herein provided, any condition caused or permitted to exist in violation of the provisions of this Section shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. Page 90: [5] Deleted Barry_R 11/11/2003 5:43:00 PM 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 6.16.030 of this Code. Page 90: [6] Deleted Barry_R 11/10/2003 10:09:00 AM n addition to other remedies, the Community Noise Officer shall have the authority to issue orders imposing Page 90: [7] Deleted user 5/5/2003 9:33:00 AM These remedies can include, but are not limited to, civil penalties of up to one hundred dollars for an initial violation of this Chapter, and penalties up to five hundred dollars for each subsequent violation of this Chapter. A person who fails to pay a civil penalty within thirty days after the issuance of an order to do so shall pay a separate charge of ten percent of the amount of the civil penalty. Page 90: [8] Deleted user 5/5/2003 9:51:00 AM (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 4.12.100(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.