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
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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
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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:
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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.'
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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
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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
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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:
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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***
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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
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Formatted
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(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
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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
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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
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(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
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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
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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]
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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
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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
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(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
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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.
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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
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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.
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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.