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ORDINANCE NO. 910
(CITY COUN CIL SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA EXTENDING TO JUNE 30, 1973
THE MORATORIUM ON CONSTRUCTION AND REPAIR
ON ALL PROPERTY FRONTING ON AND BOUNDED BY
WILSHIRE BOULEVARD. FOURTH STREET, COLORADO
AVENUE AND SECOND STREET, AND MORE COMPLETELY
DESCRIBED IN THE LEGAL DESCRIPTION AND MAP
ATTACHED TO Ai"\!D MADE A PART OF SAID ORDINANCE,
AND DECLARING THE PRESENCE OF AN EMERGENCY.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. A moratorium is hereby placed on the erection,
construction, enlargement, alteration, repair, moving, improvement or
conversion, of any building or structure in the area described as follows:
"All that property bounded on the northeast by
the southwesterly line of Fourth Court and its southeast-
erly prolongation; bounded on the southeast by a line which
is 150 feet southeasterly of and parallel with Colorado
Avenue and by the northwesterly line of Santa Monica
Freeway; bounded on the southwest by the northeasterly
line of First Court and its northwesterly prolongation; and
bounded on the northwest by a line which is 150 feet north-
westerly of and parallel with Wilshire Boulevard. "
A map of said area is attached hereto, marked Exhibit A and
expressly made a part of this ordinance.
SECTION 2. This Council finds and determines that said mora-
toriunl must be imposed in order to preserve the character of said area
pending the completion of proceedings for the acquisition of said property by
the City and pending a Planning, Zoning and Urban Redevelopment study of
said area.
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SECTION 3. The Department of Building is hereby ordered and
directed not to issue any permits for the erection, construchon, enlargement,
alteration, repair, moving, improvement or conversion of any building or
structure in the aforesaid area during the effective period of this ordinance.
SECTION 4. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent herewith, to the extent of such inconsis-
tencies and no further, is hereby suspended for the area described herein
during the moratorium period.
SECTION 5. If any provision of this Ordinance is held to be
unconstitutional, it is the intent of the City Council that that portion of said
ordinance be severable from the remainde1" and that the remainder be given
full force and effect.
SECTION 6.
The City Council may grant a variance from the pro-
visions of this moratorium ordinance subject to a finding of the following:
1. That the strict application of the provisions of the mora-
torium would result in practica.l difficulties or unnecessary hard-
ships inconsistent with the general purpose and intent of the
moratorium; and
2. That there are exceptional circumstances or conditions
applicable to the property involved or to the intended use or develop-
ment of the property that do not apply generally to other property
in the area covered by the moratorium; and
3. That the granting of a variance would not be materially
detrimental to the public welfare or injurious to the property or
improvements in the moratorium area.
SECTION 7.
This ordinance is declared to be an emergency
measure adopted pursuant to the provisions of Section 615 of the Santa Monica
Municipal Charter and is necessary for preserving the public peace, health
or safety, and the urgency for its adoption is set forth in the findmgs above.
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of competent Jurisdiction, such decision shall not affect
the va11dity of the remaining portions of the ordinance. The
City Council hereby declares that it would have passed th1s
ordinance and each section, subsection, sentence, clause or
phrase thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
SECTION 4. Any person violating any of the
provisions of this ordinance shall be guilty of a misdemeanor
and, upon conviction thereof, shall be subject to a fine not
exceeding Five Hundred ($500) Dollars or six (6) months in
the county Jail of Los Angeles County, or by both such fine
and imprisonment in the discretion of the court.
SECTION 5. The Mayor shall sign and the C1ty Clerk
shall attest to the passage of this ordinance. The City Clerk
shall cause the same to be published once in the off1cial
newspaper within fifteen days after its adoption. This ordinance
shall become effective after thirty days from its adoption.
ADOPTED this
27th
day C:!:t~ua~~;:
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ATTEST:
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES 5S.
CITY OF Stu'lTA HONlCA
I do hereby certify that the foregoing ordinance was duly
and regularly introduced at a meeting of the City Council on the
13th day of
February
, 1973; that thereafter the said
ordinance was duly adopted at a meeting of the City Council on the
27th day of
February _, 1973, by tbe fo11oh>ing votP.:
AYES:
Councilmen:
Gabriel, Reidy, Rinck, Dituri
NOES:
Councilmen:
Hoover, McCloskey
ABSENT:
Councilmen;
Trives
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APPROVED AS TO FORH:
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City P:ttorney
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be defined as follows:
a) Sound pressure level (SPL): The
sound pressure level, in decibels (dB),
of a sound is twenty times the logarithm
to the base 10 of the ratio of the pressure
of this sound to the reference sound
pressure. The reference pressure shall be
20 micropasca1s (20 micronewtons per square
meter, or 0.0002 micrabar).
b) Noise level (NL): The noise level, in
decibels, is an A-weighted sound pressure
level as measured using the slow dynamic
characteristics for sound level meters
specified in the American National Standard
Specification for Sound Level Meters, ANSI
Sl.4-l971 (or latest revision thereof). The
A-weighting characteristic modifies the
frequency response of the measuring instru-
ment to account approximately for the
frequency characteristics of the human ear.
The reference pressure is 20 m1cropascals.
c) Noise exposure level (NEL): The noise
exposure level, in decibels, is the level
of noise accumulated during a given event
with reference to a duration of 1 second.
More specifically, the noise exposure level
is the level of the time-integrated A-weighted
squared sound pressure for a stated time
interval or event, based on a reference
pressure of 20 micropascals and a
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reference duration of one second.
d) Single event noise exposure level (SENEL):
The single event n01se exposure level, in
dec1bels, is the noise exposure level of a
single event, such as an aircraft flyby,
measured over the time interval between the
initial and final times for which the noise
levels of a s1ngle event exceeds the
threshold noise level. For implementation in
these regulations, the threshold noise level
shall be at least 30 dB below the numerical
value of the single event noise exposure
level limits specified in this ordinance.
e) Cal1fornia Airport Noise Standards: The
California Airport Noise Standards are defined
in the Californ1a Department of Aeronaut1cs
"Noise Standards," California Administrative
Code, Subchapter 6, Title 4 (Register 70,
No. 48, November 28, 1970), or latest revisions
thereof.
f) Aircraft operator: Aircraft operator means
the legal or benefic1al owner of the aircraft
with authority to control the aircraft
uti11zation: except where the aircraft is
leased, the lessee is the operator.
g) City: City means the City of Santa Monica.
h) Airport: Airport means the Santa Monica
Municipal Airport.
Subsection (3): Methodology. The n01se levels
generated by aircraft takeoffs or aircraft land1ngs
at the Airport are to be measured at one or more
positions in the vicin1ty of the Airport. The
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measurements shall be in terms of the single
event noise exposure level (SENEL). The measured
SENEL values are to be compared with noise level
limits established by th1s ord1nance. An aircraft
operator whose aircraft produces noise levels
which exceed the SENEL limits shall be deemed to
be in violat~on of this ordinance.
Subsection (4). Measurement Locations.
Measurements shall be made at ground posit1ons
on or near the center line of nominal takeoff
and landing flight tracks for aircraft operating
from the Airport. The nominal flight track is
a line projected on the ground under the nom1nal
flight path of the aircraft. The number and
location of the measurement positions are to be
established by the City.
The initial measurement position shall be
established within 300 feet of the intersection
of Dewey Avenue and 18th Street. Additional
measurement positions may be established as
needed to carry out the purpose of th1s ord1nance.
Subsection (S). Frequency of Measurement. At
each established microphone location, single
event noise exposure level measurements shall
be made on a schedule to be established by the
City.
Subsection (6) Max1mum single event n01se level.
The City shall set noise level limits for each of
the established measurement posit1ons. In no
event shall the noise level limits set by the
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City exceed the maximum values provided in
the California Airport Noise Standards for
the noisest aircraft class uOlizing the
a~rport on a regular basis. (A regular basis
means an average of at least one takeoff or
landing per day).
For the initial position established
in the vicinity of Dewey Avenue and 18th
Street, the SENEL l~mit shall be 100 dB.
This limit may be reviewed and changed by the
City after a period of six months of operation
of a monitoring station at this position. Noise
level limits established for any additional
measurement posit~ons similarly may be reviewed
and changed after a period of six months of
no~se monitoring at each position.
Subsection (7). Noise monitoring system
specifications. The noise monitoring system
shall measure the single event noise exposure
level of noise events exceeding the noise
threshold established at each measurement
position, and shall log the time of occurrence
of each event. The performance of the noise
monitoring system shall meet the requirements
established in Sect~on 5080.3 of the California
Airport Noise Standards, as amended. In general,
the overall accuracy of the n01se measurement
system shall be ~ 1.5 dB as determined in accor-
dance with the procedures specified in
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Section 5080.3 of the Californ1a Airport
Noise Standards, as amended.
Subsection (8). Field Measurement Precautions.
Specific locations of the monitor1ng systems
shall be chosen, whenever possible, such that the
noise levels contributed from sources other
than aircraft shall be equal to or less than 60dB.
The measurement microphone shall be placed 20
feet above the ground level or at least 10 feet
from the neighboring rooftops, whichever is higher.
To the extent practical, the following precautions
should be followed:
a) Each monitoring location shall be in
an open area surrounded by relatively
flat terrain having no excessive sound
absorbtion characteristics such as may
be caused by thick tall grass, shrubbery
or wooded areas.
b) No obstructions which would s1gnifi-
cantly influence the sound field from the
aircraft shall exist within the conical
space above the measurement position, the
cone being defined by an axis along the
line of sight normal to the a1rcraft and
by a half angle of 750 from this axis.
c) When the forego1ng precautions are not
practical, the microphone shall be placed
at least 10 feet above neighbor1ng
buildings in a position which has a clear
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line-of-sight view to the path of the
aircraft in flight.
Subsection (9). Noise level limit violation
presumpt~on. At the time of adoption of this
ordinance, the available noise measurements
indicate that most aircraft equipped with
turboJet or turbofan powered engines cannot
meet the established noise level limits. Thus,
in lieu of noise mon1toring which the City may
initiate as def1ned in th1s ordinance, it shall
be assumed that operation of turbojet or turbofan
aircraft will result in violation of the noise
level limits. Therefore, such aircraft will not
be allowed to operate from the airport on a
non-emergency basis unless the aircraft operator
can furnish to the City suitable technical
evidence that the aircraft, when operated in
accordance with the intended operating procedures,
can meet the noise level limits. Suitable
technical information may include noise data
furnished by the aircraft operator or by the
airplane manufacturer.
SECTION 2. That any provision of the Santa Monica
Munic1pal Code, or appendices thereto inconsistent herewith,
to the extent of such inconsistencies and no further, are
hereby repealed.
SECTION 3. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held
to be invalid or unconstitutional by a decision of any court
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- . - :RDII\lANCE NO 909 . thereofl The A-weIghting
(CITY COUNGL SERIES) charactenstIc modIftes
AN OROINANCE OF THE the frequency response of
",'ITY COl;NCIL OF THE the measunng Instrument
C I T Y 0 F SA;\l T A to account approxImately
MONICA ADDING SEC- for the frequency charac-
TION 10105B TO tenstIcs of the human
CHAPTER 1 OF ARTI- ear The reference pres-
CLE X OF THE SANTA sure IS 20 rmcropascals
MONICA MUNICIPAL c) NOIse exposure level
CODE TO ESTABLISH (:"lEL ) The nOlse ex-
THE NOISE LEVEL posure level. In decIbels.
LIMITS FOR AIRCRAFT IS the level of nOise ac-
OPERA TI01\'S AT THE cumulated durIng a gIven
SANT-\ MONICA event WIth reference to a
MUNICIPAL AIRPORT duratIOn of 1 second More
THE CITY COUNCIL OF speclflcallv. the nOIse ex-
THE CITY OF S <\!XT A posure level IS the level of
MO:'JICA DOES HEREBY the tIme-Integrated A-
ORDAIN AS FOLLOWS weIghted squared sound
SECTION 1 SectIOn pressureforastatedtIrne
10105B IS hereby added to Interval or event. based
Chapter 1 of Article X of the on a reference pressure of
Santa MOnIca MUlllclpal 20 mlcropascals and a
Code to read as follows reference duratIon of one
SectIOn 10105B second
AIRCRAFT NOISE d) Smgle event nOIse ex-
RESTRICTIO:'JS FOR posure level (SE!\lEL)
THE SANTA M01\'ICA The sIngle event nOIse ex-
MUNICIPAL AIRPORT posure level. m decIbels.
SubsectIon 11) Pur- IS the nOIse exposure level
pose The {lurpose of thiS of a smgle event, such as
ordmance IS to hmlt the an aIrcraft flyby.
nOIse In reSidentIal areas measured over the tIme
In the Vlclmtv of Santa mterval between the m-
MOllIca MunicIpal Alr- ItIal and fmal times for
port. generated by takeoff which the nOIse levels of a
and landing operatIons at smgle event exceeds the
saId AIrport To ac- threshold nOIse level For
complIsh thiS purpose. ImplementatIOn In these
these regulatIOns re~ulatIOns. the threshold
estabhsh quantItative nOIse level shall be at
measurement standards least 30 dB below the
for nOIse levels produced numerIcal value of the
dunng takeoff and land 109 Single event nOise ex-
operatIOns and deSignate posure level lImIts
nOise level limIts for speCifIed III thiS or-
aIrcraft nOIse measured dmance
at one or more locatIOns e) CalifornIa Airport
about the AIrport NOise Standards The
SubsectIOn 12"J Deflm- CalIfornIa AIrport KOlse
lIons Each of the terms Standards are defmed m
as used III thiS ordmance the California Depart-
shall be defIned as ment of AeronautIcs
follows . N 01 se S ta nda rds, ..
a) Sound pressure level Cahforma AdmllllstratIve
(SPL I The sound pres- Code. Subchapter 6. Title
sure level. III deCIbels 4 (Register 70, No 48.
(dBI. of a sound IS twenty ='iovember 28. 19701. or
lImes the logarIthm to the latest reVISIOns thereof
base 10 of the ratIO of the f j Aircraft operator
pressure of thIS sound to .\Ircraft operator means
the reference sound pres- the legal or benefiCIal
sure The reference pres- owner of the aircraft With
sure shall be 20 mlcropas- authonty to control the
cals (20 mlcronewtons per aircraft utIlization. ex-
slluare meter. or 0 0002 cept where the aircraft IS
mlcrobar) leased. the lessee IS the
b) l\"olse level i ~L I operator
The nOise level. In g. CIty CIty means the
deCIbels. IS an A-weIghted CIty of Santa MOnIca
sound pressure level as h. AIrport Airport
measured usmg the slow means the Santa MOnIca
dynamIC characterIstICS Mumclpal Airport
for sound level meters SubsectIOn (3)
speCIfIed III the Amencan Methodology The nOIse
NatIOnal Standard levels generated by
SpecIficatIOn for Sound aIrcraft takeoffs or
Level Meters. A[\;Sr 81 aIrcraft landings at the
4-1971 (or latest reVISIOn Airport a re to be
measured at one or more
poSItIons m the vIclmty of
the Airport The measure-
ments shall be m terms of
the smgle event nOIse ex-
posure level (SENEL"
The measured SENEL
values are to be compared
With nOIse level lImits es-
tablIshed bv thiS or-
dinance An aIrcraft
operator whose aircraft
produces nOise levels
which exceed the SENEL
lImIts shall be deemed to
be m VIOlatIOn of thiS or-
dmance
SubsectIOn (4..
Measurement LocatIOns
Measurements shall be
made at ground pOSItIOns
on or near the center lIne
of nommal takeoff and
landmg flIght tracks for
aircraft operatmg from
the AIrport The nommal
flIght track IS a hne pro-
Jected on the ground
under the nommal fhght
path of the aIrcraft The
number and locatIOn of
the measurement POSI-
tIOns are to be establIshed
by the City
The inItIal measure-
ment pOSItion shall be es-
tablished wUhm 300 feet
of the I ntersectlOn of
Dewey -\venue and 18th
Street Addl tJonal
measurement pOSItIOns
may be established as
needed to carry out the
purpose of thIS ordmance
SubsectIon (5) Fre-
quency of Measurement
At each establIshed
microphone locatIOn.
smgle event nOIse ex-
posure level measure-
ments shall be made on a
schedule to be establIshed
bv the CI tv
"Subsechon (6) Max-
Imum smgle event nOIse
level The CIty shall set
nOise level hmlts for each
of the establIshed
measurement fosltlOns
In no event shal the nOIse
level lImIts set bv the CItv
exceed the m"axlmum
values ~rovlded In the
CalIfornIa AIrport NOIse
Standards for the nOISIest
aIrcraft class utIlIzmg the
auport on a reWIlar baSIS
(A regular baSIS means an
average of at least one
takeoff or landlllg per
day)
For the mllIal pOSition
establIshed m the VICInIty
of Dewey Avenue and 18th
Street. the SENEL hmlt
shall be 100 dB ThiS hmlt
may be revlewed and
changed by the City after
a period of SIX months of
operatIOn of a momtonng
statIO. thiS positIOn
:"JOIse level hmlts estab-
hshed for any addItIOnal
measuremen t pOSI tIOns
sImdarly may be review-
ed and changed after a
penod of SIX months of
noise momtonng at each
pOSItIon
SubsectIOn (7) ~OIse
monltofIng system
speCIfICatIOns The nOIse
mOnItotlng system shall
measure the smgle event
nOIse exposure level of
nOise events exceedlllg
the nOise threshold estab-
lIshed at each measure-
ment pOSItIon, and shall
log the tIme of occurrence
of each event The perfor-
m ance of the nOIse
mOllltonng system shall
meet the reqUIrements es-
tablIshed m SectIOn 50803
of the Cahforma AIrport
NOIse Standards, as
amended In general, the
overall accuracy of the
nOIse measurement
svstem shall be :t 15 dB
as dete rmIlled III accor-
dance wItb the procedqres
speCIfIed m Section 5080 3
of the CalIforma Airport
XOlse Standards, as
amended
SubsectIOn (81 Field
Measurement Precau-
tIOns SpeCifIC locatlOns of
the mOnItorIng systems
shall be chosen, whenever
pOSSible, such that the
noIse levels contnbuted
from sources other than
aIrcraft shall be equal to
or less than 60dB The
measurement mIcropbone
sball be placed 20 feet
above the ground level or
at least 10 feet from the
ne Igh b or lllg roof tops.
whIchever IS hIgher To
the extent practical, the
follOWing precautIOns
should be followed
a) Each mOllltoflng
locatIOn shall be In an
open area surrounded by
relatIVely flat terram hav-
mg no exceSSIve sound ab-
sorptIOn cbaracterIstIcs
such as may be caused by
thick tall grass, shrubbery
or wooded areas
b) No obstru ctIOns
which would slgmfIcantly
mfluence the sound fIeld
from the aircraft shall ex-
ISt within the cOlllcal
space above the measure-
ment posltlon, the cone
bemg defmed by an aXIs
along the hne of Sigh t nor-
mal to the aIrcraft and by
a half angle of 75c from
thIS axiS
c) When the foregoIllg
precautIons are not prac-
tical. tbe mIcrophone
shall be placed at least 10
feet above neIj:(hbonng
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bUlldmgs. Hl a positIOn
which has a clear hne-of-
sight view to the path of
the aircraft m fhght
Su bse chon ( 9) NOise
level limIt vIOlatIon
presumptlOll At the time
of adoptIon of thIS or-
d lllance, the avalla ble
nOise measurements m-
diCate that most aircraft
equipped WIth turbojet or
turbofan powered engmes
cannot meet the estab-
hshed nOIse level I1mlts
Thus, III heu ot nOise
momtonng which the CIty
may inltlate as defmed in
thiS ordmance. It shall be
assumed that operatIOn of
tu rbo] et or turbofan
aIrcraft Will result In
I vlolatlOn of the nOIse level
I1mlts Therefore. such
aIrcraft wIll not be allow-
ed to operate from the air-
port on a non-emergency
basIs unless the aIrcraft
operator can furnIsh to
the City sUitable techmcal
eVIdence that the aircraft.
when operated m accor-
dance with the mtended
operatmg procedures, can
meet the nOIse level
hmlts SUItable techlllcal ~
mformahon may Illclude
nOIse data furnIshed by
the aIrcraft operator or by
the airplane manufac-
turer
SECTIO:\" 2 That any pro-
VISion of the Santa MOllica
Mumclpal Code, or appen-
dices thereto mconslstent
herewith. to the extent of
such mconSlstencles and no
further. are hereby repeal-
ed
SECTION 3 If any sectIOn.
subsectIon, sentence, clause
or phrase of thiS ordmance IS
for any reason held to be
lllvahd or unconstitutIOnal
by a declslOn of any court of
competent ]unsdlCl1on, such
declslOn shall not affect the
val1dltv of the remammg
portIOns of the ordmance
The Cuy CounCil hereby
declares that It would have
passed thiS ordmance and
each sectIOn. subsectIOn,
sentence, clause or phrase
the reof. lTreSpectlVe of the
fact that anyone or more
sec tlOns. subsectIons, sen-
tences, clauses or phrases be
dec lared III valid or un-
constltutlOnal
SECTIO;\; 4 Any person
vlOlatmg any of the provI-
sions of thiS ordmance shall
be gUIlty of a misdemeanor
and, upon convlctlOn thereof,
shall be subject to a hne not
exceedIng Five Hundred
($500) D oUars or SIX (61
months III the county Jail of
Los Angeles County, or by
both such hne and Impnson-
, ment In the dIscretIOn of the
.
.
court
SECTION 5 The Mayor
shaH sign and the CIty Clerk
shall attest to the passage of
thIS ordInance The CIty
Clerk shall cause the same to
be publIshed once III the
offiCial newspaper wlthm fIf-
teen days after Its adoptIOn
ThIS ordmance shall become
effectIVe after thirty days
from Its adoptIOn
ADOPTED thIS 27th day of
February, 1973
ANTHONY L DITL'RI,
Mayor
ATTEST
K 0 GRUBB,
CIty Clerk
State Of Cahforma )
County Of Los Angeles) ss
City Of Santa MOllica )
(SEAL)
I do hereby certify that the
foregolllg ordlllance was
duly and regularly mtroduc-
ed at a meetmg of the CIty
Councll on the 13th day of,
. February. 1973, that'
thereafter the said ordmance
was duly adopted at a meet-
mg of the CIty CounCil on the
13th day of February, 1973,
by the follOWing vote
A YES Councllmen
Gabnel, ReIdy, RlllCk,
DltUTl
NOES Councilmen
Hoover, McCloskey
ABSENT Councilman
Tn ves
K 0 GRUBB,
City Clerk
(SEAL)
Pub March 8-1973