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SR-400-007 (4) CP:SF:JT:AS:JL:BR:f\plan\share\cc\strpt\03\CC Noise Rpt Supplemental.doc City Council Mtg: July 22, 2003 Santa Monica, California TO: The Honorable City Council FROM: Planning Staff SUBJECT: Supplemental Information for the Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Chapter 4.12 Regarding Noise Regulations. INTRODUCTION This supplemental report describes the Planning Commission’s recommendations on the proposed noise ordinance amendments from its July 16, 2003 meeting. Attachment A to this report includes a revised proposed noise ordinance incorporating the comments as herein described. DISCUSSION The following is an account of the recommended changes to the proposed noise ordinance offered by the Planning Commission that are supported by staff. 1. Allowable Exterior Noise Equivalent Level (Leq). The exterior noise standard table at Section 4.12.050 has been updated to incorporate a 5- minute threshold alongside the more familiar 15-minute standard. The 5-minute standard also increases the allowable Leq by 5 decibels as compared to the 15-minute standard. Because of the shorter measurement duration, this modification decreases the potential that non-source and non-ambient noise sources will disqualify the 1 measurement results. It is anticipated that this standard will be useful for regulating louder noises of a shorter duration. This table also now identifies the continuous length of time that a noise level measurement must occur. The proposed ordinance makes clear that a violation of the noise ordinance exists should a measured noise level exceed either the 5-minute or 15-minute thresholds. These modifications are incorporated into the revised noise ordinance at Section 4.12.050. 2. Utility And Public Service Exemption. The Planning Commission recommended that the start hour for non-emergency installation, repair, or replacement of utilities or public services be consistent with that of when construction activities can begin. Staff agrees and believes that deleting this exemption satisfies this recommendation. As a result, utility and public service construction activities would be subject to the same hours and noise levels as other construction-related activities pursuant to Section 4.12.110 of the revised noise ordinance. 3. Vibration Standards. The Planning Commission recommended that the reference to ‘adjoining properties’ be stricken, as there may be circumstances in which it is appropriate to measure vibration from nonadjacent properties. This recommendation has been incorporated into the revised Noise Ordinance Section 4.12.070. 2 4. Noise Adjustment Process. The Planning Commission expressed its support for the existing provisions of the noise variance process, specifically as it relates to public noticing procedures and a mandatory hearing. This section of the proposed ordinance has been deleted and returned to the existing text. However, staff proposes two minor modifications that are not contrary to the Planning Commission’s recommendation. First, staff suggests renaming the section title from ‘Noise Variance’ to ‘Noise Adjustment’ to clarify the distinction between this and the Variance procedures in the Zoning Ordinance. The second modification is to increase the public notification period from 7 days to 10 days prior to the scheduled public hearing in order to be consistent with other noticing requirements. The changes described here are incorporated into the revised noise ordinance at Section 4.12.080. 5. Construction Noise. Currently, noise is measured according to the standards of the zone in which that activity occurs. However, the remainder of the proposed noise ordinance has been modified to measure noise levels according to the standard of the receiving noise zone. This change was inadvertently left off the draft ordinance with regard to construction activity. The Planning Commission agreed that this standard should also apply to construction noise. Section 4.12.110(b) has been modified accordingly. 3 6. Loudspeakers And Public Address Systems. The Planning Commission recommended that language be added to the Noise Ordinance addressing the use of amplified sound systems. The Commission was concerned about the deleterious effects that these systems can have upon nearby residential uses. Staff recommends incorporating language regulating this activity into the Business Support Operations standards at Section 4.12.170 of the proposed ordinance. A paragraph would be added prohibiting the outdoor use of loudspeakers and public address systems for businesses located within 100-feet of a residential zone unless specifically permitted by the Zoning Ordinance. With this language, the proposed standard would not conflict with current special standards for fast food restaurants with drive-throughs or automobile dealerships. This provision does not apply to public parks, which are exempt from the Noise Ordinance. The Planning Commission also recommended the following four changes that have not been incorporated into the revised noise ordinance. 1. Vibration. The Planning Commission sought clarification for the term ‘temporary construction.’ Since all construction is temporary, the Planning Commission was concerned that this definition provided a loophole that would exempt all vibration associated with construction activities from the noise ordinance. The Commission sought to better 4 define this term and to place limits on when construction activities causing vibrations could occur. Vibration is commonly associated with construction equipment like pile drivers and jackhammers. These pieces of construction equipment are also associated with higher noise levels when operating. Therefore, it seems appropriate to regulate vibrations by the same standard as the louder construction equipment they are generated by. Section 4.12.110 of the proposed ordinance provides that vibration from construction activities exceeding the vibration standards of Section 4.12.070 is limited to the hours between 10 am and 3 pm. 2. Park Exemptions. The Planning Commission acknowledged that use of public parks, school grounds, etc. for athletic and similar events can generate higher noise levels for nearby residents. Of particular concern was the use of loudspeakers and public address systems as well as general crowd noise related to cheering. With concern for the resident’s quality of life, the Planning Commission believed that these activities should be subject to provisions of the noise ordinance. City staff does not support this recommendation. A long tradition in sporting events, but particularly youth baseball, around the country is the use of loudspeakers during games to announce players’ names and 5 scores. Teams securing field permits from the City are asked to be respectful of the neighbors and speakers are pointed to the direction of the spectators. Currently, loudspeakers are used at Los Amigos Park and at Memorial Park. Should the City Council wish to pursue a limitation on loudspeakers in city parks, staff recommends that the Recreation and Parks Commission, and its Sports Advisory Council, have an opportunity to make a recommendation before a final decision is made. 3. Downtown Exemption From Business Support Operations. The Commission recommended subjecting the Downtown area to the noise ordinance’s business support operations standards. These standards limit the hours during which support activities like deliveries, trash removal, and exterior cleaning activities can occur. Due to increasing amounts of residential development, including mixed-use projects, the Commission believed that it is appropriate to extend noise ordinance protections to residents living in this area. Due to the unique character of the Downtown environment as a destination for local residents and visitors, staff does not believe the business support operations restrictions should apply in this area. The Downtown is the City’s focus of activity during daytime and evening 6 hours and this exemption is necessary to ensure the vitality of the commercial core and continued economic success consistent with the General Plan’s land use objectives and policies. 4. Exemption Of City Activities. The Commission disagreed with exempting certain City activities directly undertaken by the City from the standards applicable to private entities engaged in those very same activities. However, construction of public projects by private contractors working on behalf of the City will be subject to the provisions of the Noise Ordinance. The Commission recommended that the City be held to the same standards as everyone else. This, too, has been a long-standing policy decision. Staff believes that there are public benefits to be derived from this exemption and recommends that the City Council make no changes. City events and activities are generally short-term in nature, and vary in geographic location and the time of the event or activity. Exempting these activities provides scheduling flexibility to balance the public benefits derived from the activity while minimizing impacts to area residents and businesses. Staff believes that it is appropriate to continue exempting City activities. 7 With respect to the following items, the Planning Commission made no recommendations. They did, however, request that the City Council be informed of their comments and pay particular attention to these matters. 1. Transition Zone. The transition zone is a new concept intended to address noise along the boundaries between different noise zones. The Commission stated that the idea, which balances the interests of the commercial and residential communities, moved in the right direction (as compared to the current standards) but perhaps needed to provide greater protections to residents. 2. Education Component. The Planning Commission expressed a desire for the City to engage in a campaign promoting and raising awareness of community noise issues and solutions. The Planning Commission suggested using various local media outlets and the City’s website to communicate the requirements of the updated noise ordinance. 3. Enforcement Component. The Planning Commission expressed concern that proper enforcement of the new ordinance was paramount to its success. After adoption, staff is prepared to return to the City Council within 60 days with a strategy outlining how various City departments/divisions will coordinate responsibilities to effectively implement the new standards. 8 RECOMMENDATION Staff recommends that the City Council introduce for first reading the attached revised ordinance amending Section 4.12 of the Municipal Code relative to noise. Prepared by: Suzanne Frick, Director Jay Trevino, Planning Manager Amanda Schachter, Principal Planner Jonathan Lait, Senior Planner Bill Rodrigues, Associate Planner Planning and Community Development Department Attachments: A. Revised Proposed Noise Ordinance 9 F:\plan/share/council/2003/CC supplemental Noise Ordinance.doc City Council Meeting 7-22-03 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 10 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 11 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: 12 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: Allowable Exterior Noise Equivalent Level (Leq). (a) The Deleted: Median equivalent noise level permitted in a Noise Zone as measured Deleted: maximum Deleted: as measured in decibels using the A-weighted sound level decibel scale. The measurement of equivalent noise level shall be in accordance with International Electrotechnical Commission (IEC) International Standard 60804, 'Integrating-Averaging Sound Level Meters,' Section 3.3, 'Equivalent Continuous A-weighted Sound Pressure Level.' 13 Formatted Formatted Formatted Formatted Formatted Formatted Ambient Noise Level. (b) The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. Deleted: total sound A-Weighted Sound Level. (c) The level in decibels of Deleted: all sound as measured with a sound level meter with a reference pressure of twenty micro-pascals using the A-weighted network (scale) at a slow response. The unit of measurement shall be Deleted: defined designated as dBA. Measurement of A-weighted sound levels shall be in conformance with International Electrotechnical Commission (IEC) International Standard 60651, 'Sound Level Deleted: ¶ Community Noise Officer. Meters.'(d) The person designated by the City Manager to administer the provisions of this Chapter. The Community Noise Officer may designate qualified city staff in either the Planning and Community Development and Police Department to enforce the provisions of this Chapter, excluding conducting Noise Adjustment hearings pursuant to Section 4.12.100. (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 contractors or subcontractors and their employees to carry out any 14 Formatted: Bullets and Numbering Formatted Formatted 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 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 has been issued; (4) The loading or unloading of construction equipment, materials, or supplies from vehicles at or near the site of the construction activity; (5) The coming and going idling, at or near the site of construction activity, of any construction vehicle or any vehicles bringing construction equipment, materials or supplies to the site of the construction or the staging of such vehicles on any public Deleted: ; streets Deleted: coming and going (6) The idling, at or near the site of construction activity, of any food services vehicle providing food services to 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. Deleted: e () Deleted: Cumulative Period. An additive period of time composed of individual time segments which may be continuous or interrupted. 15 Formatted Formatted Formatted Formatted Formatted Deleted: which Decibel (dB). (f) A unit that denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio. 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 in the community or for the citizenry, work by private or public utilities when restoring utility serviceor work repairing public infrastructure. Deleted: which Fixed Noise Source. (h) A stationary device that creates 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. Grading. (i) Any excavating or filling of earth material or any combination thereof conducted at a site to prepare said site for construction or other improvements thereon. Deleted: which Hertz (Hz). (j) The unit that describes the frequency of a function periodic in time, which is the reciprocal of the period. Health Care Institution. (k) Any hospital, convalescent home or other similar facility, excluding residential care facilities 16 which provide health care, medical treatment, room, board or other services for the ill, retarded or convalescent. Impulsive Noise. (l) A noise of short duration usually less than one second and of high intensity, with an abrupt onset and rapid decay. Intruding Noise Level. (m) 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 (n) 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.¶ measurement using the A-weighting and Slow response settings on the Sound Level Meter. Mechanical Equipment. (o) Equipment such as pool pumps, spa pumps, air conditioners and accessory equipment such as generators, ducts and vents. Mobile Noise Source. (p) Any noise source other than a fixed noise source. Noise Sensitive Land Use. (q) Public or private schools, places of worship, cemeteries, libraries, hospitals and similar health care institutions. 17 Formatted Formatted Formatted Formatted Formatted Formatted Deleted: q Person. (r) A person, firm, association, co-partnership, joint venture, corporation or any entity, public or private in nature. Deleted: r Simple Tone Noise. (s) A noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. If measured, simple tone noise shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by: 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: s Sound Level Meter. (t) An instrument meeting International Electrotechnical Commission (IEC) International Standard 60651, Deleted: American National Standard Institute's Standard S1.4- 'Sound Level Meters.' or most recent revision thereof for a Type 1 1971 Deleted: type Sound Level Meter Deleted: sound Deleted: level Sound Pressure Level. (u) Twenty times the logarithm to Deleted: meter the base ten of the ratio of the pressure of the sound to a reference Deleted: or an instrument and the associated recording and analyzing equipment which will provide pressure shall be explicitly stated. The term 'noise level' used in this equivalent data. Deleted: t ordinance is the Sound Pressure Level. Deleted: u Vibration. (v) Any movement of the earth, ground or other Deleted: spacial similar surface created by a temporal and spatial oscillation of displacement, velocity or acceleration in any mechanical device or 18 equipment located upon, attached or affixed to, or in conjunction Deleted: . with that surface Deleted: Decibel measurement criteria Section 4.12.030Exterior Noise Equivalent 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. The location used for measuring exterior noise equivalent levels shall be any location on the affected property as selected at the discretion of the Community Noise Officer or his or her designee, subject to the following guidelines. The noise measurement location should be at or near the noise receptor. In selecting the measurement location, the Community Noise Officer shall make every effort to measure noise at locations where the use is noise sensitive, such as private yard areas, patios, balconies, and shall avoid non-noise sensitive use areas such as side yard areas where trash containers are stored. It may be appropriate to measure noise outside the window of any habitable room where such room is exposed to an intruding noise source, provided that care is taken to avoid reflections from hard surfaces that will result in higher noise levels than would otherwise be measured Section 4.12.040 Designated noise zones. The properties hereinafter described are hereby assigned to the following noise zones: 19 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. Deleted: prior Deleted: 9103 Noise Zone II. All property in any commercial district Deleted: All noise or vibration established by Municipal Code Section 9.04.04 or any revisions Deleted: sources Deleted: located with thereto. In addition, property zoned Beach Parking District (BPD), Deleted: (any "C" district), including any neighborhood commercial district, Deleted: Civic Center (CC), and the Santa Monica Pier shall be included in created Deleted: prior this noise zone. Deleted: 9103 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. Deleted: prior Deleted: 9103 Section 4.12.050 Exterior noise standards. (a) The following noise standards, unless otherwise specifically indicated, shall apply to all property with a designated noise zone during the times indicated: Noise Zone Time Interval Allowable Leq* I Monday – Friday 10pm to 7am: 50 dBA** or 55 dba*** 20 Formatted Formatted 7am to 10pm: 60 dBA** or 65dba*** Saturday and Sunday 10pm to 8am: 50 dBA** or 55dba*** 8am to 10pm: 60 dBA** or 65dba*** II All days of Week 10pm to 7am: 60 dBA**/65*** 7am to 10pm: 65 dBA** or 70dba*** III Anytime 70 dBA** or 75dba*** * Also see Section 4.12.110 **When measured for a continuous period of fifteen (15) minutes Deleted: Allowable Exterior Noise ***When measured for a continuous period of five (5) minutes 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 Deleted: to 10 p.m. 60 dBA¶ ¶ Saturday and Sunday:¶ 12 a.m. to 8 a.m. and¶ (b) For each Noise Zone, the allowable exterior noise from 10 p.m. to 12 a.m.50 dBA¶ ¶ 8 a.m. to 10 p.m.60 dBA¶ equivalent level shall be reduced by 5 dBA for impulsive or simple Deleted: II 12 a.m. to 7 a.m. and¶ from 10 p.m. to 12 a.m.60 dBA¶ tone noise, or for noises consisting of speech or music. If the ¶ 7 a.m. to 10 p.m.65 dBA ambient noise level exceeds the allowable exterior noise level Deleted: III Anytime 70 dBA¶ Deleted: median standard, the ambient noise level shall be the standard. Deleted: e Deleted: s 21 (c) Except as provided in this Chapter or in Chapter 6.116 of the Santa Monica Municipal Code, it shall be unlawful for any person at any location within the City to create any noise or to Formatted allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the allowable exterior noise equivalent level to exceed any of the noise standards established in subsection (a) of this Section. In addition, no noise shall at any time or for any period exceed a maximum instantaneous A-weighed, slow sound pressure level equal to the value of the noise standards established in subsection (a) of this Deleted: Except as provided for in this Chapter, it shall be unlawful for any person at any location within the Section plus 20 dBA. e City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which (d) If any portion of a parcel is located within 100-feet of a causes the noise level to exceed: noise zone with higher noise standards as compared to the noise Deleted: ¶ Deleted: (1) The noise standard standards for the noise zone in which the parcel is located, then the for the applicable Noise Zone for a cumulative period of more than 15 minutes in any maximum allowable exterior noise equivalent level for the entire Deleted: qual to the value of the noise standard plus 20 dBA at any time and for any period of time. parcel shall be the average of the noise standards of the two noise zones. Deleted: half-hour; or¶ (2) A maximum instantaneous noise level Section 4.12.060 Exemptions. The following activities, unless otherwise specifically indicated, shall be exempted from the provisions of this Chapter: 22 Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted (a) Activities conducted on public parks (subject to restrictions contained at 4.12.100), public playgrounds and public or private school grounds including, but not limited to, school athletic Formatted and school entertainment events. Deleted: Outdoor gatherings, public dances, shows and sporting (b) Community events, provided theevents are conducted and entertainment Formatted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events. Deleted: said (c) Any alarm or emergency device, apparatus or equipment regulated by Municipal Code Sections 3.56.010 through 3.60.010. (d) Noise sources associated with the installation, repair or replacement of utilities or public services between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday, and between 9:00 a.m. and 8:00 p.m. on Saturday. (e) Emergency work required to be performed to protect , persons property, or public safety following public calamity or from Formatted imminent exposure to danger or hazards or public safety, including the restoration of utilities or other public services following a storm, Formatted earthquake, accident or other like occurrence. (f) Any activity regulated by Santa Monica Municipal Code Formatted Section 10.04.04.010 et seq. (Aircraft Noise Abatement Code). (g) Noise sources associated with activities conducted by the City of Santa Monica, its agents and employees while conducting duties associated with their employment. 23 Formatted (h) Any activity to the extent regulation thereof has been preempted by State or Federal law. Deleted: (i) Activities governed by Section 6.116.030. 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 in Section 4.12.050(a) for the Noise Zone in which the school, hospital, place of worship or library is located. Section 4.12.070 Vibration. Deleted: Section 4.12.080 Location of noise level measurement.¶ The Community Noise Officer shall have the sole discretion to select the Notwithstanding other Sections of this Chapter, it shall be location for measuring exterior noise levels unlawful for any person to create, maintain or cause any ground Deleted: consistent with standards established by American National Standard Specifications for Sound vibration that is perceptible without instruments at any point on any Meters Deleted: . property adjoining the property on which the vibration source is Deleted: 090 Deleted: which located. For the purpose of this Chapter, the perception threshold Deleted: affected shall be presumed to be more than 0.05 inches per second RMS velocity. The 24 vibration caused by moving vehicles, trains, aircraft is exempt. Deleted: 100 Deleted: Variance Section 4.12.080 Noise Adjustment procedure. (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 designate shall give notice of the time, place and purpose of such 25 Formatted Formatted Formatted 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 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 26 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 Deleted: ¶ occupying prior to the granting of a variance.(c) All notices of an application for an noise adjustment shall state the nature of the request, the location of the property, and the manner in which Deleted: ¶ additional information may be received. (d) An application for an Deleted: c Deleted: e extension of a noise adjustment previously granted shall be subject Deleted: variance to this Chapter to the same extent as an initial application for a Deleted: variance noise adjustment. Deleted: d (e) The Community Noise Officer shall evaluate all Deleted: f 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; 27 Formatted Formatted (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. (4) That the noise has been reduced to the greatest extent feasible. Deleted: e (g) Any violation of the terms of said noise adjustment shall Deleted: variance be unlawful. Deleted: f (h) 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 28 Chapter for any violation occupying prior to the granting of a noise Deleted: ¶ adjustment. Deleted: g (i) Any person aggrieved by a decision of the Community Noise Officer may appeal to the City's Hearing Examiner pursuant Deleted: Section 6.20.090 and prior code Sections 6124 and 6126 to the time limits and procedures of Chapter 6.16 of the Santa Monica Municipal Code. The decision of the Hearing Examiner shall be final except for judicial review and shall not be appealable to the City Council. Deleted: h (j) . 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 Chapter. These fees may be revised from time to time by Deleted: is resolution of the City Council. 29 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 or recreational facilities. (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. (b) 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 Formatted facility owned or maintained by the City of Santa Monica. Deleted: the Deleted: of (c) This Section shall not prohibit any individual or group from playing any drum, other percussion type instrument, or any Deleted: in any band or orchestra or other musical group which audio or electronic device if granted permission by the City to play Deleted: has been or perform in or upon a public park , beach or other recreational facility owned or maintained by the City. Deleted: public 30 Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted shall be made to the Director of or used for the demolition of any tool, machine or other thing designed Permitting the operation of any (2)¶property or part thereof;or for the excavating or grading of any any building or structure demolition of thing designed or used for the operated any tool, machine or other Operating or causing to be (1)¶"demolition activity" includes:For purposes of this Section, (d)¶resolution of the City Council.may be revised from time to time by ion The fees provided for in this SectChief of Police and the City Manager. Services, the Building Officer, the approved by the Director of General issued unless the application is first General Services. No permit shall be 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, construction, maintenance or repair of buildings. 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;¶ (a) No person shall engage in any construction activity (2) Before 9:00 a.m. or after 5:00 p.m. on Saturday;¶ (3) All day on Sunday;¶ during the following times anywhere in the City: (4) All day on New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, (1) Before eight a.m. or after six p.m. on Monday through Thanksgiving Day and Christmas Day, as those days have been established by the United States of Friday, except that construction activities conducted by employees America.¶ (b) The noise level created by demolition activity shall not exceed of the City of Santa Monica or public utilities while conducting the allowable exterior noise equivalent level specified in Section 4.12.050(a) of this Chapter, as duties associated with their employment shall not occur before applicable for the Noise Zone where the activity occurs, plus 10 dBA.¶ (c) A permit may be issued seven a.m. or after six p.m. on Monday through Friday; authorizing demolition activity during the times prohibited by this Section whenever it is found to be in the (2) Before nine a.m. or after five p.m. on Saturday; public interest. The person obtaining the permit shall provide notification to persons occupying property within a (3) All day on Sunday; perimeter of five hundred feet of the site of the proposed demolition activity prior to commencing work (4) All day on New Year's Day, Memorial Day, pursuant to the permit. The form of the notification shall be approved by the City and contain procedures for Independence Day, Labor Day, Veterans Day, Thanksgiving Day the submission of comments prior to the approval of the permit. Applications for such permit shall be and Christmas Day, as those days have been established by the in writing, shall be accompanied by an application fee in the amount of Twenty-Five Dollars ($25.00), and United States of America. shall set forth in detail facts showing that the public interest will be served by the issuance of such permit. (b) The noise level created by construction activity shall Applications shall be made to the Building Officer; provided, however, with respect to work upon or involving not exceed the allowable exterior noise equivalent level specified in the use of a public street, alley, building or other public place under the jurisdiction of the General Section 4.12.050 of this Chapter, as applicable for the Noise Zone Services Department, applications Deleted: 140 where the activity occurs, plus twenty dBA, except as set forth in Deleted: (a) subsection (e) of this Section. Deleted: ten (c) The noise level created by construction activity shall not Deleted: c Deleted: 31 ... [1] Formatted at any time or for any period exceed a maximum instantaneous A- weighted, slow sound pressure level equal to the value of subsection (b) of this Section plus twenty dBA. Deleted: c (d) 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. (e) Any construction that exceeds the noise levels established in subsection (b) of this Section or the vibration restrictions of Section 4.12.070 shall occur between the hours of Deleted: If it is determined that construction noise will exceed ninety 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 (f) A permit may be issued authorizing construction activity limited to between the hours of ten a.m. and three p.m. during the times prohibited by this Section whenever it is found to Deleted: d 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 32 Formatted: Bullets and Numbering to the penalties herein provided, any offense. regarded as a new and separate hall be day such condition continues ssummarily abated as such, and each nuisance and may be, by this City, Section shall be deemed a public in violation of the provisions of this condition caused or permitted to exist construction activity prior to commencing work pursuant to the Deleted: twenty-five dollars Deleted: Building Officer; provided, however, with respect to work upon or permit. The form of the notification shall be approved by the City involving the use of a public street, alley, building or other public place under the jurisdiction of the and contain procedures for the submission of comments prior to the Deleted: , applications shall be made to the Director of Environmental approval of the permit. Applications for such permit shall be in and Public Works Management Deleted: City Manager writing, shall be accompanied by an application fee in the amount Deleted: The fees provided for in this Section may be revised from time to time by resolution of the City of$176.65 per day, which may be revised from time to time by Council. Deleted: e resolution of the City Council, and shall set forth in detail facts Deleted: (f) For purposes of this Section, "construction activity" showing that the public interest will be served by the issuance of includes:¶ (1) The operation of any tool, machine or equipment including, but such permit. Applications shall be made to the Environmental and not limited to, vehicles and helicopters being used by contractors or subcontractors and their Public Works Management Department. No permit shall be issued employees to carry out any work for which a building permit is required;¶ (2) Performing any construction, unless the application is first approved by the Director of maintenanc Deleted: or repair work on buildings or structures Environmental and Public Works Management, the Building Officer, Deleted: (3) Any painting using motorized equipment or any painting the Chief of Police and the Director of Planning and Community that is part of the construction activity for which a building permit has been issued;¶ Development. (4) The coming and going of any vehicles bringing construction equipment, materials or supplies to (g) No permit is required to perform emergency work the site of the construction activity or the staging of such vehicles on any public streets;¶ necessary to restore property to a safe condition following a public (5) The coming and going of any food services vehicles providing food services to persons working at a site calamity or work required to protect persons or property from an of construction activity. Deleted: g imminent exposure to danger or hazards. Deleted: Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine e 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 Section 4.12.120 Posting of construction signs. be punished accordingly. In addition Deleted: 210 33 ... [2] (a) There shall be displayed at every site covered by this Chapter where work activities requiring a City permit and costing in excess of ten thousand dollars 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 placed prominently at all entrances to the work site so that they are clearly visible to the public and to all employees, contractors, subcontractors and all other persons performing work at the site, so long as activity covered by this Section is occurring. (c) Each sign required to be displayed pursuant to this Section shall be obtained from the Building and Safety Division. The Building and Safety Division shall charge for each sign a fee equal to the City's cost of printing the sign. (d) Each Department or agency of the City that is required to inspect the work site is directed only to inspect sites which comply with this Section. 34 (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. 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 Deleted: sound-rated parapet enclosure the requirements of Section 4.12.050. Roof locations may be used Deleted: (c) when the mechanical equipment is installed within a noise Deleted: installation Deleted: test attenuating parapet enclosure. Deleted: in compliance Final approval of the location of any mechanical equipment Deleted: 040 Deleted: Equipment for the test will require a noise analysis to demonstrate compliance with Section shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. Section 4.12.140 Nightclubs, bars and establishments 4.12.050. A copy of noise test results on mechanical equipment shall be submitted to the Community Noise with amplified music. Officer for review to ensure that noise Formatted levels do not exceed maximum allowable levels for the applicable noise zone. (a) All entrances and exits, except exits which are solely Deleted: ¶ Deleted: ¶ emergency exits, to all nightclubs, bars and establishments with Deleted: 160 35 Formatted Formatted Formatted 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 reduced to comply with Section 4.12.050 of this Chapter, then sound-rated door and window assemblies complying with ASTM E- 90-87 shall be installed. Plans of the proposed installation shall be submitted to the Building and Safety Division for approval prior to Deleted: the passing of construction. Final approval of the installation will require a noise Deleted: level test analysisand an inspection by the Building and Safety Division and the Fire Department. (c) This Section shall apply to all nightclubs, bars and establishments with amplified music whose application for this type of use was filed with the City's Planning Division on or after September 1, 1992, or if no application is necessary, to nightclubs, bars and establishments with amplified music constructed or substantially remodeled after September 1, 1992. (d) This Section shall not apply to any establishment on the Santa Monica Pier. 36 Formatted Formatted Formatted Deleted: 170 Section 4.12.150 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 Deleted: Each day such violation is committed or permitted to continue to exceed six months or by both such fine and imprisonment. Each shall constitute a separate offense and shall be punishable as such such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted by such person and shall be punishable accordingly. Deleted: 180 Section 4.12.160 Public nuisance; 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 Deleted: Attorney City or any aggrieved person in any manner permitted by law including, but not limited to, suit in a court of competent jurisdiction. Each day such condition continues shall be regarded as a new and separate offense. No provision of this Chapter shall be construed to impair or diminish any common law or other statutory cause of action or legal or equitable remedy available to the City or to any 37 person for injury or damage arising from violation of this Chapter or from other law. (b) The violation of this Chapter may be grounds to suspend or to revoke any license or permit issued by the City including, but not limited to, the right or privilege to conduct any business pursuant to Article 6 of this Code. A business license may be suspended or revoked pursuant to Santa Monica Municipal Code Section 6.04.260 or as set forth as follows: Deleted: Zoning Administrator (1) The Community Noise Officer may suspend a business Deleted: Section 4.12.180(b)(2) license for up to thirty days or, as provided in subsection (b)(2) of this Section, may revoke a business license issued pursuant to Article 6 of this Code, if the holder of the business license has violated the provisions of this Chapter or the terms and conditions of any permit or approval issued pursuant to this Chapter. (2) Upon a third violation of this Chapter, or the terms and conditions of any permit or approval within a three (3) year period Deleted: Zoning Administrator from the date of the first violation, the Community Noise Officer 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. (d) In addition to other remedies, the Community Noise 38 Officer shall have the authority to issue orders imposing Deleted: civil and administrative fines and penalties for violations of this Chapter in Deleted: remedies Deleted: These remedies can accordance with Chapters 1.09 and 1.10 of the Code. 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. Section 4.12.170. Business Support Operations Deleted: (e) Any person assessed a penalty or who has had his or her (a) No business establishment shall engage in the following business license revoked pursuant to this Section shall be entitled to appeal the decision in accordance with the activities outside of an enclosed building between the hours of 11 terms of Section 4.12.100(g) of this Chapter. With respect to any such appeal the decision of the Hearing p.m. to 6 a.m. if the property on which the establishment is located Officer shall be final except for judicial review and shall not be appealable to the City Council. 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. (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. 39 Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted (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. Existing business establishments shall comply with this Section within one year of the effective date of Ordinance No. ___ (CCS). This Section shall not apply to business establishments within the area of the City bounded by the centerline of Ocean Avenue, Deleted: ¶ the centerline of Wilshire, the centerline of Colorado, and the centerline of 7th Court. 40 Formatted Deleted: 190 Section 4.12.180 Interference with enforcement. Deleted: , oppose, No person shall interfere with or resist the taking of any Deleted: ¶ noise measurement authorized by this Chapter. Section 4.12.200190 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 noise (a) There shall be displayed at every site covered by this Chapter where work activities requiring a City levels meet the exterior noise equivalent level requirements of permit and costing in excess of ten thousand dollars are being conducted, a sign in English and Section 4.12.050 and the standards contained in the Interior and Spanish reading substantially as follows: "Attention All Employees and Subcontractors. Santa Monica Exterior Noise Standards Matrix as contained in the Noise Element construction/demolition work times are: Monday through Friday, 8:00 a.m. until 6:00 p.m.; Saturday 9:00 of the General Plan for any existing noise sources near the project a.m. until 5:00 p.m.; Sundays and holidays, no work permitted." In addition, the sign shall indicate the or 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 visible to the public and to all employees, contractors, subcontractors and all other persons Section 4.12.200 Restrictions on gardening or performing work at the site, so long as activity covered by this Section is occurring.¶ landscaping activities. (c) Each sign required to be displayed pursuant to this Section shall be obtained from the Building (a) No person shall engage in any gardening or and Safety Division. The Building and Safety Division shall charge for each sign a fee equal to the City's cost of landscaping activity by use of any internal combustion, motorized or printing the sign.¶ (d) Each Department or agency of the City that is required to inspect the electromechanical means during the following times anywhere in work site is directed only to inspect sites which comply with this Section.¶ (e) This Section shall apply to the City: construction pursuant to any building permit issued after the effective date of the Ordinance codified in this Chapter. Deleted: 220 41 (1) Before 8:00 a.m. or after 8:00 p.m. on Monday through Friday, except that gardening or landscaping activities conducted 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, 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) 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 Zoning Administrator, whose decision shall be final and not appealable to the City Council. 42 SECTION 2. If any section, subsection sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining 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 43 Page 31: [1] 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 33: [2] 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.