Loading...
SR-400-007 (5) PCD:SF:AS:JL:BR F:\Plan\Share\Council\Stfrpt\2004\CC Noise Rpt III (Staff Report).doc February 10, 2004 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Chapter 4.12 Regarding Noise Regulations, Adoption of Resolutions Establishing and Adding Fines for Violations of the City’s Noise Ordinance to the Administrative Citation Schedule and Revised Fees for Processing After-Hours Permits, and Consideration of Professional Services to Conduct Additional Noise Measurements. INTRODUCTION This report recommends the City Council introduce for first reading an ordinance amending Santa Monica Municipal Code Chapter 4.12 regarding noise regulations, adopt resolutions establishing fines for violations of the City’s Noise Ordinance to the Administrative Citation Schedule, and revise fees for After- Hours Construction Permits. Additionally, this report provides information, as requested, concerning the cost and time associated with additional noise measurements. DISCUSSION At the November 25, 2003 meeting, the City Council accepted public testimony and considered proposed revisions to the City’s Noise Ordinance. The City Council expressed concern about two provisions of the proposed ordinance and continued the hearing to provide staff an opportunity to amend the ordinance 1 consistent with Council direction. The changes can be viewed in strike-out and underline format at Sections 4.12.030 and 4.12.050(d) of the proposed ordinance, which is located in Attachment A. Staff is also proposing two related resolutions for the City Council’s consideration. The first creates administrative fines for noise ordinance violations, and the second adjusts the fees for processing after-hours permits to reflect staff costs. An after-hours permit is referenced in the Noise Ordinance at Section 4.12.120(e). Proposed Revisions The first modification eliminated the proposed change in measurement methodology. The proposed ordinance recommended a methodology that compared the measured decibel level to the allowed decibel level for the noise zone in which the sound is received. This methodology is consistent with many other Southern California communities. Pursuant to Council direction, noise measurements will continue to be measured by applying the allowable decibel levels for the noise zone in which the sound is generated irrespective of where the sound is received. For example, noise generated in an industrial zone but heard in a residential zone would be measured by the industrial standard. Depending on the time of day, these standards could vary by 20 decibels. Second, the City Council expressed concern about the creation of a transition zone. The attached ordinance has been amended to delete this provision. The 2 transition zone would have averaged the allowable decibels along the boundary of different noise zones for a distance of 100-feet into the lower noise zone. This provision recognized that noise levels tend to be louder in transition areas, due to the mix of uses, than at the center of noise zones. Additionally, the City Council directed staff to clarify the restrictions in public parks, beaches or recreational facilities relative to the use of audio or electronic devices. As proposed, the ordinance provides that such devices are allowed between 8 a. m. and 10 p. m. when used in conjunction with headphones or earphones. At the Council’s direction, the proposed language has been altered to make the City’s intent clear. The proposed text now requires that these devices only be audible only through headphones or earphones. Staff also received a request from the City’s Fire Department to exempt the maintenance, periodic testing, and repair of emergency back-up power generators. Since this equipment is paramount to the continued operation of the City’s essential public safety facilities during power failures, staff has added an exemption addressing this request at both Fire and Police Department facilities citywide. This exemption is located at Section 4.12.030(g) of the proposed noise ordinance. 3 No modification is proposed to the exemption section concerning the installation, maintenance, repair or replacement of public utilities or public infrastructure. The City Council may recall that the Planning Commission expressed concern that non-emergency infrastructure and utility construction in the public right-of-way, whether performed by City contractors or public serving utilities, should occur during the normal construction hours (8 a.m. start); only work by City employees could begin at seven a.m. The proposed ordinance reflects the Planning Commission’s input. However, this is a policy decision and the City Council may want to consider whether improved productivity and consequent cost savings to the City and utility companies warrant uniform start time of 7 a.m. only for the purposes of their work in the right of way. While an earlier start time may be preferable, staff believes it appropriate to prohibit non-emergency infrastructure and utility construction after 6 p. m. as currently proposed. This creates consistent construction hours for the utility companies and the City, and facilitates enforcement. Should the City or utility company need to work past 6 p. m., an after-hours construction permit may be requested. Additionally, the City Council expressed concern about how food-serving businesses would adjust to the provision restricting trash removal between the hours of 11 p. m. and 6 a. m. This provision of the noise ordinance is recommended to address concerns raised by nearby residents about loud noises generated when trash is removed late at night and in early morning hours. Frequently, glass bottles will break when the trash bags are thrown into 4 dumpsters resulting in a higher-pitched noise that is disturbing to nearby residents. The proposed business support operation standards take effect six months after the effective date of the ordinance. During this time, staff will undertake an educational program to inform local businesses of the new requirements and ways that business can comply with the standards. Depending on available room within a business, implementation of the standard may require little or no alteration of the establishment or its operations in order to comply. Other businesses may need to alter the floor plan to create an overnight holding area. Staff recognizes that some businesses may not be able to comply with the business support operations standards. The proposed Noise Ordinance allows modifications to these standards subject to the Noise Adjustment procedures. The Noise Adjustment is reviewed by the Community Noise Officer who will evaluate the unique circumstances associated with a particular business against the community’s desire to maintain reasonable noise levels. Decisions to grant or deny this application would be based on findings of fact related to unreasonable hardship, exceptional circumstances, detrimental effects to surrounding people and property, and that noise impacts have been reduced to greatest feasible extent. 5 Noise Readings While directing modifications to the proposed ordinance, the City Council expressed an interest in conducting additional measurements of the City’s existing noise environment and then comparing the results to the standards of the existing and proposed ordinance. Several councilmembers indicated that this additional information would be helpful in determining the impacts of the proposed ordinance, including the requested modifications. There is an inherent appeal to taking additional noise measurements. The measurements would provide data to use as a means of comparing existing noise levels throughout the City against the proposed and existing ordinance to illustrate the proposed ordinance’s benefits and show how the source of certain noise complaints could be reduced or removed. While attractive for this reason, staff believes that the conclusions drawn from these additional measurements should be approached with great caution. Noise levels are fluid and constantly fluctuate depending on factors such as time of day, day of week, season of the year, and type of activity in progress. For example, the measured noise levels at 1 a. m. on a Saturday in January could be vastly different than those measured at 1 a. m. on a Saturday in July. Staff has reservations about the value added to the noise ordinance discussion by measurements that might be taken during months when the temperature tends to 6 be cooler and/or when tourism is more moderate. Santa Monica has established itself as a regionally prominent city that draws many people into the community for business, shopping, dining, entertainment, and recreational activities. As a result, the noise levels tend to rise and fall commensurate with the range of activities occurring at a given time. In preparing for Council review of the Noise Ordinance, noise levels were measured for one moment in time at 15 different locations across the City. These locations ranged from residential areas, to commercial enterprises, and to transition neighborhoods. This information is useful for the immediate place and time that the measurement occurred. During the consideration of the text amendment Council members felt that additional measurements would increase understanding of the range of conditions associated with the community’s noise problem. Staff has since evaluated alternatives for Council to consider regarding additional community-wide measurements. The table below shows four alternatives based on the time of year the measurements would be taken and options to select 15, 25, or 50 measurement sites with three or six actual measurements at each site. In each alternative, measurements are taken at the same location, hour, and day of week, and enable the results to be compared over time. By taking more measurements, a clearer picture of how noise levels change over the course of a 7 particular day is revealed. For example, three noise measurements may occur at 6 a.m., 2 p.m., and 10 p.m. However, with six measurements, readings may occur at 6 a.m., 10 a.m., 2 p.m., 6 p.m., 10 p.m., and 2 a.m. These alternatives are provided to illustrate time and costs associated with additional measurements. The alternatives are general estimates to guide the City Council’s discussion. The number of sites and the number of measurements at each site is subject to the City Council’s decision. Measurement Alternatives and Estimated Costs Alternative 1 Alternative 2 Alternative 3 Alternative 4 (Winter) (Summer) (Winter & (Year Round) Summer) 3 Measurements $12,880 $12,880 $18,880 $30,880 per Site 45 total 45 total 90 total 180 total 15 measurements measurements measurements measurements Sites 6 Measurements $18,280 $18,280 $29,680 $52,480 per Site 90 total 90 total 180 total 360 total measurements measurements measurements measurements 3 Measurements $19,320 $19,320 $28,920 $48,120 per Site 75 total 75 total 150 total 300 total 25 measurements measurements measurements measurements Sites 6 Measurements $84,120* $28,320 $28,320 $46,920 per Site 150 total 150 total 300 total 600 total measurements measurements measurements measurements 3 Measurements $31,160* $49,760* $86,960* $31,160 per Site 150 total 150 total 300 total 600 total 50 measurements measurements measurements measurements Sites 6 Measurements $49,160* $85,760* $158,960* $49,160 per Site 300 total 300 total 600 total 1,200 total measurements measurements measurements measurements * Due to staffing implications, these measurements would not occur until Winter 2005. Each alternative will measure noise at determined locations and will include a summary report prepared by the consultant evaluating the noise at the time of measurement to the existing and previously proposed ordinance. Depending on how many sites and measurements are selected, Alternative 1 could be 8 completed in the shortest period of time with the data presented to the City Council in a few months. However, cooler weather during this time of the year results in lower levels of street activity and use of outdoor restaurants, measurements taken now may not reflect the experience of those who communicate with staff and Council about noise issues. Alternative 2 involves taking measurements during the summer season. The appeal of this alternative is that measurements would reflect the City’s noise environment during the time of year when the City sees a significant increase in activity. It is more likely that windows or doors of both residences and businesses would be open at this time due to the warmer weather. Further, outdoor areas of restaurants are more likely to be used and people are more likely to congregate outdoors during warmer periods. The results of this alternative would not be available until the fall season this year or later depending on the number of sites and measurements selected. Alternative 3 involves taking measurements during both the winter and summer seasons. This alternative would capture the extremes of noise level activity in the community. Like Alternative 2, measurement results would not be available until the summer season has passed or later depending on the number of sites and measurements selected. 9 Alternative 4 involves taking measurements throughout the year. The appeal of this alternative is that it identifies the fluctuations in noise levels all year long and can be designed to measure noise levels during specific events that may not occur during the measurement period of the other alternatives. More than a year would pass before the measurement data is available for review. With Council direction on frequency and seasonality, Mestre-Greve Associates would be engaged to conduct the measurements. The costs associated with the additional testing would include a technician time to conduct the measurements. For every eight-hour shift in a 24-hour period a different technician would be used. For instance, if the City Council requested measurements at 6:00AM, 3:00PM and 2:00AM during a 24-hour period, three technicians would be required. The estimated costs included in the table account for this schedule. Mestre-Greve would analyze the data and prepare a report. The issue of noise measurement methodology is not solely related to the location and decibel level of different noise sources. It involves a decision on where a disturbance should be measured from - a complainant’s property, as is done in other cities, or the noise source as is currently the case in Santa Monica. Additional noise measurements will provide data for noise occurring only at the particular place and time where the measurement occurs. For example, measurements taken on Tuesday should not be used as a basis for estimating 10 noise at the same location on Saturday. Therefore, staff does not believe the additional noise measurements and the associated time and costs are necessary to make an informed policy decision on which location (receptor or originator) should be the site of enforcement measurements. Staff suggests that this decision be based on the City’s objective to reasonably regulate the community’s noise levels. BUDGET/FINANCIAL IMPACT As noted in November, the addition of one Code Compliance Officer would be necessary to enforce the provisions of the Noise Ordinance. If the Council chooses to conduct additional noise measurements cost impacts are as noted in the preceeding table. No funding action is required by the City Council, should the City Council authorize the code compliance position. The costs identified for this position will be addressed at year-end budget review. Funding is currently available in non-departmental accounts 01274.555060, and 01274.544390 for policy studies and Council contingency to fund the range of costs presented in this report. RECOMMENDATION Staff recommends that the City Council introduce for first reading the attached ordinance amending Section 4.12 of the Municipal Code relative to noise, adopt the resolutions adding fines for noise violations and after hours permit fees, and 11 authorize the addition of one Code Compliance Officer for enforcement purposes. Prepared by: Suzanne Frick, Director Amanda Schachter, Acting Planning Manager Jonathan Lait, AICP, Senior Planner Bill Rodrigues, AICP, Associate Planner Planning and Community Development Department Attachments: A. Revised Proposed Noise Ordinance (See Below) B. Resolution Establishing and Adding Fines for Violations of the City’s Noise Ordinance to the Administrative Citation Schedule (See adopted Resolution No. 9926 (CCS)). C. Resolution Revising the Fee for Processing After-Hours Permits (See adopted Resolution No. 9927 (CCS)). 12 F:\plan\share\council\strpt\2004\CC Noise Rpt III (Ordinance).doc City Council Meeting 02-10-04 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 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 13 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 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 14 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: 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 15 and vibration generated from or by all sources as specified in this Chapter. (b) It is determined that certain noise levels and vibration are detrimental to the public health, welfare, and safety, and contrary to public interest and, therefore, the City Council of the City of Santa Monica does ordain and declare that creating, maintaining, causing or allowing to be created, caused, or maintained, any noise or vibration in a manner prohibited by, or not in conformity with, the provisions of this Chapter, is a public offense and shall be punishable as such. Section 4.12.020 Definitions. The following words and phrases as used in this Chapter shall have the following meanings: Deleted: (a) Allowable Exterior Deleted: noise level Deleted: as measured in decibels Ambient Noise Level. (a) The all-encompassing noise level Deleted: Median associated with a given environment, being a composite of sounds from all Deleted: Noise Equivalent Level (Leq). The sources, excluding the alleged offensive noise, at the location and Deleted: permitted in a Noise Zone approximate time at which a comparison with the alleged offensive noise Deleted: maximum is to be made. Deleted: (b) Deleted: A-Weighted Sound Level. (b) The level in decibels of sound as (c) Deleted: total sound measured with a sound level meter with a reference pressure of twenty Deleted: all micro-pascals using the A-weighted network (scale) at a slow response. Deleted: defined Community The unit of measurement shall be designated as dBA. (c). Deleted: ¶ Event . Any event that has obtained a Community Event Permit pursuant to Santa Monica Municipal Code Chapter 4.68. Community Noise Officer. (d) The person designated by the City Manager to administer the provisions of this Chapter. (e) Construction Activity. Shall mean the following: 16 Formatted Formatted Formatted Formatted Formatted Formatted (1) The operation of any tool, machine or equipment including, but not limited to, vehicles and helicopters, being used by the City, public utilities, contractors or subcontractors and their employees to carry out any work for which a building permit is required, including, but not limited to, demolition, grading, excavating, or construction; (2) Performing any construction, maintenance, or repair on buildings, structures, or utilities or any work preparing the site for construction or repair including but not limited to staging, grading, excavation, and demolition; (3) Any painting using motorized equipment or any painting that is part of the construction activity for which a building permit 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 staging or idling, at or near the site of construction activity, of any construction vehicle or any vehicles bringing construction equipment, materials or supplies to the site of the construction or the staging of such vehicles on any public streets Deleted: ; Deleted: coming and going (6) The staging or 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. 17 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: (a) Equivalent Noise Level (Leq). (h) The equivalent noise level as Deleted: Allowable Exterior measured using the A-weighted sound level decibel scale. The Deleted: Median measurement of equivalent noise level shall be in accordance with Deleted: Equivalent International Electrotechnical Commission (IEC) International Standard Deleted: maximum 61672 (Part 1), 'Electroacoustics-Sound Level Meters,' Section 3.9, Deleted: as measured in decibels Deleted: permitted in a Noise Zone 'Equivalent Continuous Sound Level’, or most recent revision thereof. Fixed Noise Source. (i) A stationary device that creates sounds while fixed or motionless, including, but not limited to, residential, Deleted: (h) Deleted: which agricultural, industrial or commercial machinery, equipment, pumps, fans, compressors, air conditioners, construction, or refrigeration equipment. Deleted: (i) Grading. (j) 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. 18 Formatted Formatted Formatted Formatted Formatted Formatted Formatted Deleted: (j) Hertz (Hz). (k) The unit that describes the frequency of a function Deleted: which periodic in time, which is the reciprocal of the period. Deleted: (k) Health Care Institution. (l) Any hospital, convalescent home or other similar facility, excluding residential care facilities which provide health care, medical treatment, room, board or other services for the ill, retarded or convalescent. Deleted: (l) Impulsive Noise. (m) A noise of short duration usually less than one second and of high intensity, with an abrupt onset and rapid decay. Deleted: (m) Intruding Noise Level. (n) The total sound level, expressed in the A-weighted sound level decibel scale, created, caused, maintained or originating from an alleged offensive source at a specified location while the alleged offensive source is in operation. Deleted: n (o) Maximum Instantaneous A-weighted, Slow Sound () Deleted: Major Roadway. Any street, avenue, boulevard, freeway or highway used for motor vehicle traffic Pressure Level. The highest level that was observed during the by the public.¶ Deleted: (n) measurement using the A-weighting and Slow response settings on the Sound Level Meter. Mechanical Equipment. (p) Equipment such as pool pumps, spa pumps, air conditioners and accessory equipment such as generators, Deleted: (o) ducts and vents. Deleted: (p) Mobile Noise Source. (q) Any noise source other than a fixed noise source. 19 Formatted Formatted Formatted Formatted Formatted Deleted: (q) Noise Sensitive Land Use. (r) Public or private schools, places of worship, cemeteries, libraries, hospitals and similar health care institutions. Deleted: ( Person. (s) A person, firm, association, co-partnership, joint Deleted: q Deleted: r) Formatted venture, corporation or any entity, public or private in nature. Deleted: ( Simple Tone Noise. (t) A noise characterized by a predominant Deleted: r Deleted: s) 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: ( Sound Level Meter. (u) An instrument meeting International Deleted: s Deleted: t) Electrotechnical Commission (IEC) International Standard 61672 (Parts 1 Deleted: American National Standard Institute's Standard S1.4- and 2) 'Electroacoustics - Sound Level Meters,' or most recent revision 1971 Deleted: type thereof, for a Type 1 Sound Level Meter or an instrument and the Deleted: sound Deleted: level associated recording and analyzing equipment which will provide Deleted: meter equivalent data. Deleted: ( Sound Pressure Level. (v) Twenty times the logarithm to the base Deleted: t Deleted: u) ten of the ratio of the pressure of the sound to a reference pressure which 20 shall be explicitly stated. The term 'noise level' used in this ordinance is the Sound Pressure Level. Deleted: ( Vibration. (w) Any movement of the earth, ground or other similar Deleted: u Deleted: v) surface created by a temporal and spatial oscillation of displacement, Deleted: spacial velocity or acceleration in any mechanical device or equipment located Deleted: . upon, attached or affixed to, or in conjunction with that surface Deleted: 60 Section 4.12.030 Exemptions . Deleted: ed The following activities shall be exempt from the provisions of this Deleted: specifically indicated Chapter unless otherwise expressly identified in any section of this Chapter: (a) Activities conducted on public parks, public playgrounds and public or private school grounds including, but not limited to, school athletic and school entertainment events. Deleted: Outdoor gatherings, public dances, shows and sporting (b) Community events. and entertainment (c) Any alarm or emergency device, apparatus or equipment regulated by Municipal Code Sections 3.56.010 through 3.60.010. Deleted: , provided said events are conducted pursuant to a permit or license issued by the appropriate (d) The installation, maintenance, repair or replacement of public jurisdiction relative to the staging of said events utilities or public infrastructure conducted by the City of Santa Monica or a Deleted: Noise sources associated with public utility company, or their agents and employees, while conducting Deleted: t Deleted: services duties associated with their employment, subject to the restrictions Deleted: between the hours of 7:00 a.m. and 8:00 p.m. Monday through contained in 4.12.120(a) for allowable construction times. . Friday and between 9:00 a.m. and 8:00 p.m. on Saturday , (e) Emergency work required to be performed to protect persons property, or public safety following public calamity or from imminent 21 Formatted Formatted Formatted Formatted Formatted Formatted exposure to danger or hazards or public safety, including the restoration of utilities or other public services following a storm, earthquake, accident or other like occurrence. (f) Any activity regulated by Santa Monica Municipal Code Section 10.04.04.010 et seq. (Aircraft Noise Abatement Code). Deleted: (g) Noise sources associated with activities conducted by the City of Santa Monica, its agents and employees. (g) The periodic testing, maintenance or repair of emergency generators located at any City of Santa Monica Police or Fire Department facility. (h) Any activity to the extent regulation thereof has been preempted Section 4.12.040Exterior Equivalent Noise Level by State or Federal law. Deleted: ¶ ¶ Deleted: 30 Measurement Methodology. Deleted: Decibel measurement criteria Any noise level measurements made pursuant to the provisions of this Chapter shall be based on a reference sound pressure of 20 micro-pascals as measured with a sound level meter using the A-weighted network (scale) at slow response. Equivalent noise level measurements may be taken at any location on the exterior of any property impacted by the noise, as selected at the discretion of the Community Noise Officer or his or her designee. Unless otherwise expressly provided, a violation of this Chapter shall occur if the noise standards set forth in Chapter are exceeded for the Noise Zone in which the source of the noise is located. Deleted: 40 Section 4.12.050 Designated noise zones. The properties hereinafter described are hereby assigned to the following noise zones: 22 Deleted: All noise or vibration Noise Zone I. All property in any residential district established by Deleted: sources Deleted: located within a Municipal Code Section 9.04.04 or any revisions thereto. In addition, Deleted: ("R" or "OP") Deleted: created property zoned Low Density Multiple Residential Beach District (R2B), Deleted: prior Deleted: 9103 Medium Density Multiple Family Coastal Residential District (R3R), Ocean Park Single Family Residential District (OP1), OP Duplex Ocean Park Duplex Residential District (OP-Duplex) OPD, Ocean Park Low Multiple Residential District (OP2), Ocean Park Medium Multiple Residential District (OP3), and Ocean Park High Multiple Residential District (OP4) shall be included in this noise zone. The Santa Monica Pier shall be excluded from this noise zone. Deleted: All noise or vibration Noise Zone II. All property in any commercial district established Deleted: sources Deleted: located with by Municipal Code Section 9.04.04 or any revisions thereto. In addition, Deleted: (any "C" district), including any neighborhood commercial district, property zoned Beach Parking District (BPD), Civic Center (CC), Bayside Deleted: created Deleted: prior Commercial District (BSCD) and the Santa Monica Pier shall be included Deleted: 9103 in this noise zone. Deleted: All noise or vibration Noise Zone III. All property in any manufacturing or industrial Deleted: sources Deleted: located with district as established by Municipal Code Section 9.04.04 or any Deleted: (any "M" district) Deleted: created revisions thereto. In addition, property zoned Light Manufacturing and Deleted: prior Deleted: 9103 Studio District (LMSD) shall be included in this noise zone. 23 Deleted: 50 Section 4.12.060 Exterior noise standards. (a) The following exterior noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone during the times indicated: Noise Zone Time Interval Allowable Leq 15 minute continuous 5 minute continuous measurement period measurement period I Monday – Friday 10pm to 7am: 50 dBA 55 dBA 7am to 10pm: 60 dBA 65 dBA Saturday and Sunday 10pm to 8am: 50 dBA 55 dBA Deleted: Allowable Exterior Noise 8am to 10pm: 60 dBA 65 dBA Deleted: Noise Equivalent¶ ZoneTime IntervalLevel¶ ¶ I Monday through Friday:¶ II All days of Week 12 a.m. to 7 a.m. and¶ Formatted from 10 p.m. to 12 a.m. 50 dBA¶ ¶ 10pm to 7am: 60 dBA 65 dBA 7 a.m. Deleted: 60 7am to 10pm: 65 dBA 70 dBA Deleted: to 10 p.m. 60 dBA¶ Formatted ¶ III Anytime 70 dBA 75 dBA Saturday and Sunday:¶ 12 a.m. to 8 a.m. and¶ from 10 p.m. to 12 a.m.50 dBA¶ ¶ 8 a.m. to 10 p.m.60 dBA¶ Deleted: II 12 a.m. to 7 a.m. and¶ from 10 p.m. to 12 a.m.60 dBA¶ ¶ 7 a.m. to 10 p.m.65 dBA 24 Deleted: III Anytime 70 dBA¶ Deleted: median (b) For each Noise Zone, the allowable exterior equivalent noise Deleted: e level shall be reduced by 5 dBA for impulsive or simple tone noise, or for Deleted: s noises consisting of speech or music. If the ambient noise level exceeds the allowable exterior noise level standard, the ambient noise level shall be the standard. (c) Except as otherwise provided in this Chapter, no person shall at any location within the City create any noise or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes: (1) the equivalent noise level to exceed the noise standards established in subsection (a) of this Section for the Noise Zone in which the source of the noise is located, or Deleted: Except as provided for in this Chapter, it shall be unlawful for (2) a maximum instantaneous A-weighted, slow sound any person at any location within the City to create any noise, or to allow the creation of any noise on property pressure level to exceed the decibel limits established in subsection (a) of owned, leased, occupied or otherwise controlled by such person, which causes the noise level to exceed: this Section for the Noise Zone in which the source of the noise is located plus 20 dBA, for any period of time. e Deleted: ¶ Deleted: (1) The noise standard for the applicable Noise Zone for a cumulative period of more than 15 (d) Construction activity shall be subject to the noise standards set minutes in any Deleted: half-hour; or¶ forth in Section 4.12.120. (2) A maximum instantaneous noise level Formatted Deleted: qual to the value of the (e) The noise standards established in Section 6.116.030 shall noise standard plus 20 dBA at any time and for any period of time. apply on the Third Street Promenade and the Transit Mall. 25 Formatted Formatted Formatted Formatted 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 equivalent 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 Deleted: 50 specified in Section 4.12.0060(a) for the Noise Zone in which the school, hospital, place of worship or library is located. Deleted: Section 4.12.080 Location of noise level measurement.¶ The Community Noise Officer shall have the sole discretion to select the location for measuring exterior noise levels Section 4.12.080 Vibration. Deleted: consistent with standards established by American National Standard Specifications for Sound Meters Notwithstanding other section of this Chapter, it shall be unlawful Deleted: . Deleted: 090 for any person to create, maintain or cause any ground vibration that is Deleted: S Deleted: perceptible without instruments at any point on any property adjoining the s Deleted: which property on which the vibration source is located. For the purpose of this Deleted: affected Chapter, the perception threshold shall be presumed to be more than 0.05 inches per second RMS velocity. The vibration caused by construction activity, moving vehicles, trains, and aircraft shall be exempt from this Section. 26 Deleted: 100 Deleted: Variance Section 4.12.090 Noise Adjustment procedure. (a) The owner or operator of a noise or vibration source may file Deleted: variance 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 hearing on Deleted: variance the application for a noise adjustment within 45 days of its receipt by the Community Noise Officer. No later than ten days prior to the hearing, the Deleted: seven Community Noise Officer or his or her designee shall give notice of the Deleted: ate time, place and purpose of such hearing by causing legal notice to be published at least once in a newspaper of general circulation and by giving written notice of such hearing to every known property owner, tenant or lessee within 300 feet of the exterior boundaries of the property on which the noise source or activity is located and to residential and commercial tenants of the involved property. The applicant for a variance shall be 27 Formatted Formatted Formatted responsible for supplying, at his or her expense, the Community Noise Officer with a verified list of all persons and entities to be notified of the hearing. With respect to each property, the individual owner(s) shall be determined through The last known name and address of each property owner as contained in inspection of the records of the Los Angeles County Assessor shall be used. Tenants or lessees to be notified shall be determined through a site census of the affected area. The address of the residential and commercial tenants shall be determined by visual site inspection or other reasonably accurate means. The applicant for the adjustment shall be responsible for supplying, at his or her expense, the Community Noise Officer with a list of property owners and tenants within the prescribed area of notification and shall sign an affidavit verifying that the list has been prepared in accordance with the procedure outlined in this Section. The Community Noise Officer shall have the authority to promulgate rules and regulations for the conduct of such public hearings including, but not limited to, the taking of evidence and the hearing of testimony. The owner of an offending noise or vibration source shall remain subject to prosecution under the terms of this Chapter for any Deleted: ¶ violation 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 additional Deleted: ¶ information may be received. (d) An application for an extension of a Deleted: c 28 Deleted: variance noise adjustment previously granted shall be subject to this Chapter to the Deleted: variance same extent as an initial application for a noise adjustment. Deleted: d (e) The Community Noise Officer shall evaluate all applications Deleted: variances for noise adjustments and may grant adjustments or extensions subject to Deleted: variances such terms, conditions, and requirements as the officer may deem Deleted: to achieve compliance reasonable consistent with the provisions of this Chapter. Each decision Deleted: with on a request for a noise adjustment or extension shall be set forth in Deleted: variance writing which shall contain the findings of fact upon which thedecision is Deleted: the approved method of achieving compliance with this based. No adjustment or extension shall be granted unless each of the Chapter and a time schedule, not to exceed one year from the date of the decision, for achieving full compliance following findings are made: with this Chapter. Deleted: variance (1) That strict application of this Chapter would result in unreasonable hardships inconsistent with the general purpose and intent of this Chapter; (2) That there are exceptional circumstances or conditions applicable to the property, the existing improvements, or the activity Deleted: that are unique to it and that do not apply generally to other involved ; property in the same Noise Zone Deleted: variance (3) That the granting of a noise adjustment would not be materially detrimental to the persons and property within the affected Formatted Noise Zones and to public welfare. (4) That the noise has been reduced to the greatest extent feasible. Deleted: e (f) Any violation of the terms of said noise adjustment shall be Deleted: variance unlawful. 29 Deleted: f (g) A noise adjustment may be revoked if the Community Noise Deleted: variance 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 adjustment Deleted: variance have not been complied with; Deleted: variance (3) That the noise adjustment was issued in contravention of state or federal law or any ordinance of the City. The Community Noise Officer shall have the authority to promulgate rules and regulations for the conduct of such public hearings including, but not limited to, the taking of evidence and the hearing of testimony. The owner of an offending noise or vibration source shall remain subject to prosecution under the terms of this Chapter for any Deleted: ¶ violation occurring prior to the granting of a noise adjustment.(h) Any Deleted: g person aggrieved by a decision of the Community Noise Officer may appeal to the City's Hearing Examiner pursuant to the time limits and Deleted: Section 6.20.090 and prior code Sections 6124 and 6126 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 (i) . The City Council shall establish by resolution fees for the Deleted: All persons who appeal any decision or order of the Community Noise Officer to the Hearing Examiner filing and processing of any application or appeal established by this shall pay a fee of $200.00 at the time the appeal is filed Section. These fees may be revised from time to time by resolution of the Deleted: is City Council. 30 31 Deleted: 110 Section 4.12.100 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 4.12.110 Restrictions in public parks, beaches, or recreational facilities. Deleted: (a) No person shall play any drum or other percussion type instrument or device in or upon any public park, beach, or recreational facility owned or maintained by the City of Santa Monica. (a) No person shall play any audio or electronic device including, but not limited to, any radio, tape player, compact disc, electronic Deleted: (b) keyboard or any other musical instrument after 10:00 p.m. or before 8:00 a.m. in or upon any public park, beach or recreational facility owned or Deleted: or electronic keyboard maintained by the City of Santa Monica unless this device is only audible Deleted: (c) Deleted: the through headphones or earphones. Deleted: of (b) This Section shall not prohibit any individual or group from Deleted: drum, other percussion type playing any musical instrument, or any other audio or electronic device if Formatted granted permission by the City to play or perform in or upon a public park , Formatted Deleted: in any band or orchestra beach or other recreational facility owned or maintained by the City or other musical group which Deleted: has been pursuant to a Community Event permit. Formatted Deleted: public 32 Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted the submission of comments prior to he demolition of any or used for tPermitting the operation of any (2)¶property or part thereof;or for the excavating or grading of any demolition of any building or structure thing designed or used for the d any tool, machine or other operateOperating 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 e Services, the Building Officer, thapproved by the Director of General issued unless the application is first General Services. No permit shall be shall be made to the Director of Services Department, applications the jurisdiction of the General lace under building or other public pthe use of a public street, alley, with respect to work upon or involving Building Officer; provided, however, Applications shall be made to the by the issuance of such permit. that the public interest will be served acts showing shall set forth in detail fFive Dollars ($25.00), and -Twentyan application fee in the amount of in writing, shall be accompanied by the approval of the permit. 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 4.12.120 Restrictions on demolition, excavation, (1) Before 8:00 a.m. or after 6:00 p.m. on Monday through Friday, except that demolition activities grading, spray painting, construction, maintenance or repair of conducted by the employees of the City of Santa Monica or public utilities shall not occur before 7:00 a.m. or buildings. after 6:00 p.m. on Monday through Friday;¶ (2) Before 9:00 a.m. or after 5:00 p.m. on Saturday;¶ (3) All day on Sunday;¶ (a) No person shall engage in any construction activity during the (4) All day on New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, following times anywhere in the City: Thanksgiving Day and Christmas Day, as those days have been established by the United States of (1) Before eight a.m. or after six p.m. on Monday through Friday, America.¶ (b) The noise level created by demolition activity shall not exceed except that construction activities conducted by employees of the City of the allowable exterior noise equivalent level specified in Section 4.12.050(a) of this Chapter, as Santa Monica or public utilities while conducting duties associated with applicable for the Noise Zone where the activity occurs, plus 10 dBA.¶ (c) A permit may be issued their employment shall not occur before seven a.m. or after six p.m. on authorizing demolition activity during the times prohibited by this Section whenever it is found to be in the Monday through Friday; public interest. The person obtaining the permit shall provide notification to persons occupying property within a (2) Before nine a.m. or after five p.m. on Saturday; perimeter of five hundred feet of the site of the proposed demolition activity prior to commencing work (3) All day on Sunday; pursuant to the permit. The form of the notification shall be approved by the City and contain procedures for (4) All day on New Year's Day, Martin Luther King’s Birthday, Deleted: 140 President’s Day, Memorial Day, Independence Day, Labor Day, , Deleted: Veterans Day Thanksgiving Day and Christmas Day, as those days have been Deleted: T Deleted: level established by the United States of America. Deleted: exceed Deleted: allowable exterior noise (b) Except as set forth in subsection (d) of this Section, the noise Deleted: 50 Deleted: (a) created by construction activity shall not cause : (1) the equivalent noise level to exceed any of the noise standards Deleted: ten Deleted: except as set forth in subsection ( specified in Section 4.12.060 of this Chapter, as applicable for the Noise Deleted: c Zone where the activity occurs, plus twenty dBA or, . Deleted: e) Deleted: Deleted: of this Section 33 ... [1] Formatted (2) a maximum instantaneous A-weighted, slow sound pressure level to exceed any of the decibel limits specified in Section 4.12.060 of this Chapter plus forty dBA, for any period of time. (c) Prior to the issuance of a building permit, all development projects located within five hundred feet of any residential development or other noise sensitive land uses must submit a list of equipment and activities required during construction. In particular, this list shall include the following: (1) Construction equipment to be used, such as pile drivers, jackhammers, pavement breakers or similar equipment; (2) Construction activities such as twenty-four-hour pumping, excavation or demolition. (3) A list of measures that will be implemented to minimize noise impacts on nearby residential uses. (d) Any construction that exceeds the noise levels established in subsection (b) of this Section shall occur between the hours of 10am and Deleted: If it is determined that construction noise will exceed ninety 3pm, Monday through Friday. dBA at a distance of fifty feet or greater, the use of the equipment which produces such noise will be (e)() A permit may be issued authorizing construction 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 be in the Deleted: d 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 construction activity prior to commencing work pursuant to the permit. The form of the notification shall be approved by 34 Formatted: Bullets and Numbering food services vehicles providing food permitted by such person and shall Section is committed, continued orportion of which any violation of this for each and every day during any shall be guilty of a separate offense imprisonment. Each such person six months, or by both such fine and County Jail for a period not exceeding the violation, or by imprisonment in exceeding one thousand dollars per shall be punishable by a fine not dollars, or a misdemeanor, which not exceeding two hundred fifty of construction activity.services to persons working at a site the City and contain procedures for the submission of comments prior to Deleted: in the amount of twent Deleted: y-five dollars the approval of the permit. Applications for such permit shall be in writing, Deleted: ; provided, however, with respect to work upon or involving the shall be accompanied by an application fee and shall set forth in detail use of a public street, alley, building or other public place under the jurisdiction of the facts showing that the public interest will be served by the issuance of Deleted: Environmental and Public Works Management Department such permit. Applications shall be made to the Building Officer. No permit Deleted: , applications shall be made to the Director of Environmental and Public Works Management shall be issued unless the application is first approved by the Director of Deleted: City Manager Deleted: The fees provided for in Environmental and Public Works Management, the Building Officer, the this Section may be revised from time to time by resolution of the City Council. Chief of Police and the Director of Planning and Community Development. Deleted: ( The City Council shall establish by resolution fees for the filing and Deleted: e Deleted: ) No permit is required to perform emergency work necessary processing of the application required by this subsection (e) and any to restore property to a safe condition following a public calamity or work required to protect persons or required compliance monitoring. This fee may be revised from time to property from an imminent exposure to danger or hazards time by resolution of the City Council. Deleted: (f) For purposes of this Section, "construction activity" includes:¶ . (1) The operation of any tool, machine or equipment including, but not limited to, vehicles and e helicopters being used by contractors or subcontractors and their employees to carry out any work for which a building permit is required;¶ (2) Performing any construction, maintenanc () Deleted: or repair work on buildings or structures Deleted: (3) Any painting using motorized equipment or any painting that is part of the construction activity for which a building permit has been Section 4.12.130 Posting of construction signs. issued;¶ (4) The coming and going of any vehicles bringing construction equipment, materials or supplies to the site of the construction activity or (a) There shall be displayed at every site covered by this Chapter the staging of such vehicles on any public streets;¶ (5) The coming and going of any where work activities requiring a City permit are being conducted, a sign Deleted: g in English and Spanish reading substantially as follows: "Attention All Deleted: Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine Employees and Subcontractors. Santa Monica construction/demolition Deleted: 210 Deleted: and costing in excess of ten thousand dollars 35 ... [2] ... [3] 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 Deleted: all prominently at the primary entrance to the work site so that they are Deleted: s clearly visible to the public and to all employees, contractors, subcontractors and all other persons performing work at the site, so long as activity covered by this Section is occurring. (c) Each sign required to be displayed pursuant to this Section shall be obtained from the Building and Safety Division. The Building and Safety Division shall charge for each sign a fee equal to the City's cost of printing the sign. (d) Each Department or agency of the City that is required to inspect the work site is directed only to inspect sites that comply with this Section. (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 4.12.140 Location, screening and noise measurements of mechanical equipment. 36 Deleted: In addition to satisfying the requirements of Section , All development project applications must demonstrate 9.04.10.02.390 Deleted: a compliance with or contain the following information: (a) A list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors which may be heard outdoors. All such equipment shall require a noise analysis to demonstrate compliance with Section 4.12.060 prior to the issuance of a building permit for the development project. Deleted: Formatted (b)Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot unless it can be shown that the noise will comply with the requirements of Section 4.12.060. Roof locations may be used when the mechanical Deleted: sound-rated parapet enclosure equipment is installed within a noise attenuating structure. Deleted: (c)Final approval of the location of any mechanical equipment will Deleted: installation Deleted: in compliance require a noise test to demonstrate compliance with Section 4.12.060.Equipment for the test shall be provided by the owner or Deleted: 040 Deleted: contractor and the test shall be conducted by the owner or contractor. A copy of noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not Deleted: ¶ exceed maximum allowable levels for the applicable noise zone. Deleted: ¶ Formatted 37 Formatted Formatted Deleted: 160 Section 4.12.150 Nightclubs, bars and establishments with amplified music. (a) All entrances and exits, except exits which are solely emergency exits, to all nightclubs, bars and establishments with amplified music shall be located only on commercial streets, except that exits can be located on alleys which abut commercial or manufacturing zones. (b) Entrances and exits, except exits which are solely emergency exits, shall be designed as two-door vestibules, so that only one set of doors is open at a time. Doors shall be of solid core design. Windows shall be constructed with double-paned glass. However, if sound through doors Deleted: 50 and windows is not sufficiently reduced to comply with Section 4.12.060 of this Chapter, then sound-rated door and window assemblies tested in Deleted: complying accordance with ASTM E-90-02, or any successor, shall be installed. Deleted: 87 Plans of the proposed installation shall be submitted to the Building and Safety Division for approval prior to construction. Final approval of the Deleted: installation will require the passing of a noise level testand an inspection by the Building and Safety Division and the Fire Department. (c) This Section shall apply to all nightclubs, bars and establishments with amplified music whose application for this type 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 38 Formatted Formatted Formatted September 1, 1992. The replacement, relocation, or addition of a window or exterior exit door in any existing nightclub, bar, and establishment shall also be subject to this Section. (d) This Section shall not apply to any establishment on the Santa Monica Pier. Section 4.12.160. Business Support Operations (a) No business establishment shall engage in the following activities outside of an enclosed building between the hours of 11 p.m. to 6 a.m. if the property on which the establishment is located is within one hundred feet of a residentially zoned property: (1) Receipt or delivery of merchandise, goods, food, or any item for use in the operation of the business. (2) Trash disposal and recycling activities. (3) Any maintenance or cleaning of equipment or furnishings (4) Any cleaning of the property with pressurized or mechanical equipment. (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 Formatted as authorized pursuant to 9.04.14.090 of this Code. Formatted 39 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. (d) Existing business establishments shall comply with this Section within six months of the effective date of Ordinance No. ___ (CCS). This Section shall not apply to business establishments within the area of the City bounded by the centerline of Ocean Avenue, the centerline of Wilshire, the centerline of Colorado, and the centerline of 7th Court. 40 Formatted Formatted Formatted Deleted: 190 Section 4.12.170 Interference with enforcement . Deleted: , oppose, No person shall interfere with or resist the taking of any noise Deleted: ¶ measurement authorized by this Chapter. Deleted: 200 Section 4.12.180 Noise reduction in project siting and design. New development may only be permitted if noise mitigation measures are taken in project siting and design such that exterior noise Deleted: Section 4.12.210 Posting of construction signs.¶ levels meet equivalent noise level requirements of Section 4.12.060 and (a) There shall be displayed at every site covered by this Chapter where work activities requiring a City the standards contained in the Interior and Exterior Noise Standards permit and costing in excess of ten thousand dollars are being conducted, a sign in English and Matrix as contained in the Noise Element of the General Plan for any Spanish reading substantially as follows: "Attention All Employees and Subcontractors. Santa Monica existing noise sources near the project or contained within the project. 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, Section 4.12.190 Restrictions on gardening or landscaping and the permit number issued authorizing the work.¶ (b) Signs required by this Section activities. shall be continually placed prominently at all entrances to the work site so that they are clearly (a) No person shall engage in any gardening or landscaping visible to the public and to all employees, contractors, subcontractors and all other persons activity by use of any internal combustion, motorized or electromechanical performing work at the site, so long as activity covered by this Section is occurring.¶ means during the following times anywhere in the City: (c) Each sign required to be displayed pursuant to this Section shall be obtained from the Building (1) Before 8:00 a.m. or after 8:00 p.m. on Monday through Friday, and Safety Division. The Building and Safety Division shall charge for each sign a fee equal to the City's cost of except that gardening or landscaping activities conducted by employees of printing the sign.¶ (d) Each Department or agency of the City that is required to inspect the the City of Santa Monica or public utilities shall not occur before 7:00 a.m. work site is directed only to inspect sites which comply with this Section.¶ (e) This Section shall apply to or after 8:00 p.m. on Monday through Friday; construction pursuant to any building permit issued after the effective date of the Ordinance codified in this Chapter. Deleted: ¶ Deleted: 220 41 (2) Before 9:00 a.m. or after 8:00 p.m. on Saturday and Sunday, or on New Years Day, Martin Luther King’s Birthday, President’s Day, Deleted: Veterans Day Memorial Day, Independence Day, Labor Day, , Thanksgiving Day and Christmas Day, as those days have been established by the United States of America. (b) A permit may be issued authorizing gardening or landscaping activity during the times prohibited by this Section whenever it is found to be in the public interest. Applications for such permits shall be in writing, accompanied by any applicable fee as the City Council may by resolution establish, and shall set forth in detail facts showing that the public interest will be served by the issuance of the permit. Applications shall be made to the Community Noise Officer , whose decision shall Deleted: Zoning Administrator be final and not appealable to the City Council. Deleted: 170 Section 4.12.200 Criminal remedies. It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements of this Chapter. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, unless otherwise provided, and upon conviction thereof shall be fined in an amount not to exceed five hundred dollars or be imprisoned in the City Jail for a period not to exceed six months or by both such fine and imprisonment. Each such person shall be guilty of a Deleted: Each day such violation is committed or permitted to continue separate offense for each and every day during any portion shall constitute a separate offense of which any violation of any provision of this Chapter is and shall be punishable as such committed, continued or permitted by such person and shall be punishable accordingly. Deleted: 180 Section 4.12.210 Additional remedies. (a) The violation of any provision of this Chapter shall be deemed Deleted: Attorney a public nuisance and may be subject to abatement by the City or any aggrieved person in any manner permitted by law including, but not limited Deleted: No provision of this to, suit in a court of competent jurisdiction. Each day such condition Chapter shall be construed to impair or diminish any common law or other statutory cause of action or legal or continues shall be regarded as a new and separate offense. equitable remedy available to the City or to any person for injury or damage arising from violation of this Chapter or from other law. 42 after the issuance of an order tothe City Council.review and shall not be appealable to Officer shall be final except for judicial Chapter. With respect to any such terms of Section 4.12.100(g) of this th the the decision in accordance withis Section shall be entitled to appeal penalty. do so Deleted: (b) The violation of this Chapter may be grounds to suspend or to revoke any license or permit issued by the City including, but not limited to, the right or privilege to (b) I The violation of any provision of this Chapter may also be conduct any business pursuant to Article 6 of this Code.as set forth as follows:¶ grounds for the imposition of administrative fines and penalties in (1) The Deleted: Zoning Administrator accordance with Chapters 1.09 and 1.10 of the Code. Deleted: may suspend a business license for up to thirty days or, as provided in Deleted: Section 4.12.180(b)(2) Deleted: , may revoke a business (c) The Community Noise Officer may designate qualified city staff license issued pursuant to Article 6 of this Code, if the holder of the business license has violated the in the Planning and Community Development Department and the Police provisions of this Chapter or the terms and conditions of any permit or approval issued pursuant to this Department to enforce the provisions of this Chapter. Chapter.¶ (2) Upon a third violation of this Chapter, or the terms and conditions (d) No provision of this Chapter shall be construed to impair or of any permit or approval within a three (3) year period from the date of the first violation, the diminish any common law or other statutory cause of action or legal or Deleted: Zoning Administrator Deleted: may notify the person of equitable remedy available to the City or to any person for injury or the revocation of the person's business license.¶ (c) Any notice of revocation or damage arising from violation of this Chapter or from other law. suspension issued pursuant to this Section shall be final if no appeal is timely filed pursuant to Section 6.16.030 of this Code. Deleted: (d) Section 4.12.220. Administrative Guidelines Deleted: n addition to other The Community Noise Officer shall prepare administrative guidelines to remedies, the Community Noise Officer shall have the authority to implement this Chapter. issue orders imposing Deleted: civil and SECTION 2. If any section, subsection sentence, clause or phrase of this ordinance is for any reason Deleted: remedies 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 Deleted: for violations of this Chapter ordinance. The City Council hereby declares that it would have passed this ordinance, Deleted: and each and every subsection, sentence, clause, or phrase not declared invalid or These remedies can include, but are not limited to, civil unconstitutional without regard to whether any portion of the ordinance would be penalties of up to one hundred dollars subsequently declared invalid or unconstitutional. 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 SECTION 3. Any provision of the Santa Monica Municipal Code or appendices Deleted: (e) Any person assessed a penalty or who has had his or her thereto inconsistent with the provisions of this Ordinance, to the extent of such business license revoked pursuant to inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. 43 ... [4] ... [5] Formatted Formatted Formatted 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 44 Page 33: [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 35: [2] Deleted Bill_R 3/18/2003 4:58:00 PM (3) Any painting using motorized equipment or any painting that is part of the construction activity for which a building permit has been issued; (4) The coming and going of any vehicles bringing construction equipment, materials or supplies to the site of the construction activity or the staging of such vehicles on any public streets; (5) The coming and going of any food services vehicles providing food services to persons working at a site of construction activity. Page 35: [3] Deleted Bill_R 3/18/2003 5:02:00 PM Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of this Section is committed, continued or permitted by such person and shall be punished accordingly. In addition to the penalties herein provided, any condition caused or permitted to exist in violation of the provisions of this Section shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. Page 43: [4] Deleted user 5/5/2003 9:33:00 AM These remedies can include, but are not limited to, civil penalties of up to one hundred dollars for an initial violation of this Chapter, and penalties up to five hundred dollars for each subsequent violation of this Chapter. A person who fails to pay a civil penalty within thirty days after the issuance of an order to do so shall pay a separate charge of ten percent of the amount of the civil penalty. Page 43: [5] Deleted user 5/5/2003 9:51:00 AM (e) Any person assessed a penalty or who has had his or her business license revoked pursuant to this Section shall be entitled to appeal the decision in accordance with the terms of Section 4.12.100(g) of this Chapter. With respect to any such appeal the decision of the Hearing Officer shall be final except for judicial review and shall not be appealable to the City Council.