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
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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)).
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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
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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
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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
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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,
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("R" or "OP")
Deleted:
created
property zoned Low Density Multiple Residential Beach District (R2B),
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prior
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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.
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All noise or vibration
Noise Zone II.
All property in any commercial district established
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sources
Deleted:
located with
by Municipal Code Section 9.04.04 or any revisions thereto. In addition,
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(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)
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created
revisions thereto. In addition, property zoned Light Manufacturing and
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prior
Deleted:
9103
Studio District (LMSD) shall be included in this noise zone.
23
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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
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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
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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
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Formatted
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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
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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
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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
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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
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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
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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.
(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
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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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(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.
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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.
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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.
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(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.