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O910 ,~.i~tB... e e 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. -1~ LJ I () r . ., 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. -2- ~ . - 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~~;: 7 ATTEST: ;/;' /&:/ffJ.~J!r5 { CiYCLE1t.K I : I if -8- . ~ J -- e 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 .~ APPROVED AS TO FORH: ~ , ~ _;L."" v . II _1 .~ ... :-=-~=~ City P:ttorney -9.. . . 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 -2- o. . e 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 -3- e e 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 -4- . e 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 -5- e e 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 -6- e - 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 -7- - . - :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 "'..- l- 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