ITEM 8-E
COUNCIL MEETING: July 21, 1992 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Approve a Negative Declaration for
the Proposed Noise Element, Adopt a Resolution Amending
the City of Santa Monica Noise Element and Introduce
for First Reading the Revised Noise Ordinance.
INTRODUCTION
This report outlines the recommended changes to the Noise Element
and Noise Ordinance and recommends that the City Council conduct
a public hearing on the Draft Noise Element, deliberate upon the
issues, approve the negative declaration for the Noise Element
and Noise Ordinance, approve a resolution to adopt the proposed
Noise Element update, and introduce for first reading a revised
Noise Ordinance that implements the Noise Element.
The staff report is organized by the following topics: project
background, features of the revised Noise Element, changes
recommended by the Planning Commission, public comments, other
noise ordinance issues, environmental analysis, and
budget/financial impacts. The Draft Noise Element and revised
Noise Ordinance are provided in Attachments A and E.
BACKGROUND
There are two main reasons for updating the City's Noise Element.
First, since the last Noise Element was adopted in 1975, there
has been an increase in the type and volume of noise in the City.
Second, there have been changes to the State requirements for
Noise Elements.
In 1984, AB 2038 made extensive changes to the General Plan noise
element requirements, shortening the list of state-required
issues and encouraging local governments to design their own
approaches to noise control. In addition, noise contours must be
shown for all noise sources, and these contours must be used as a
guide for establishing land use patterns in the City to minimize
resident exposure to noise.
Under the law, the Noise Element must address the following
issues:
o Identification and appraisal of major noise sources;
o Existing and projected levels of noise and noise
contours for major noise sources;
o Determination of the extent of "noise problems in the
community"; and,
o Selection and imposition of methods of noise attenuation
and the protection of residences from excess noise.
As one of the primary implementation tools of the Noise Element,
the revised Noise Ordinance is being presented along with the
Noise Element for Council review and approval.
Overview of the Update Process
The Noise Element update began on December 12, 1988 with a public
workshop to identify noise problems in the community and suggest
possible solutions. A summary of public comments from this
workshop is contained in Section 2.0 of the Noise Element (pages
10-12).
The Draft Noise Element was completed and made available for
public review in September, 1989. On November 29, 1989, the
Planning Commission conducted a public hearing on the draft Noise
Element. The Commission approved the Noise Element while
recommending some changes, which are discussed below. Many of
the Commission's recommended changes have been incorporated into
the revised Draft Noise Element and Noise Ordinance.
FEATURES OF THE REVISED NOISE ELEMENT
The Noise Element consists of five sections: Background
Information and Inventory of Noise Conditions; Issue
Identification; Findings; Goal Statements; and, Policies and
Implementation Actions. The most significant aspects of the
element are discussed below.
Background Data
The Background Information and Inventory of Existing Conditions
section of the Noise Element examines noise measurements, major
noise sources and noise sensitive land uses, and noise contours.
Both short term (15 minute) and long term (24 hour) noise
measurements were taken in the City at 24 measurement sites. The
noise measurement sites were selected based upon public input,
history of noise complaints, and an attempt to obtain a
representative sample of sites to reflect the diverse conditions
and neighborhoods in the City. The results of these measurements
are contained in Exhibits 3-5 of the Draft Noise Element.
The short term noise measurements reveal that the City's noise
environment is dominated by motor vehicle noise. Maximum noise
volumes were most often a result of the fact that residences were
located close to roads, arterials, and highways.
The primary and most constant ambient noise in Santa Monica is
traffic. Exhibits 6 and 7 of the Draft Noise Element show
existing and future noise contours for the City, respectively.
Noise contours represent lines of equal exposure to noise, based
upon a set of factors including noise volume and distance from
the noise source. The lines shown on these maps represent points
at which ambient noise meets or exceeds 65 CNEL (Community Noise
Equivalent Level). The 65 CNEL is considered to be the maximum
acceptable exterior noise level. CNEL is a 24-hour,
time-weighted annual average noise level. "Time-weighted" refers
to the fact that noise which occurs during certain sensitive time
periods is penalized for occurring at these times.
Goals, Policies, and Implementation Actions
The last section of the Draft Noise Element presents goals,
policies and implementation actions that are designed to address
the noise problems identified in the City.
The Draft Noise Element establishes three goals:
o Where feasible, provide for the reduction of noise where
the noise environment is unacceptable.
o Protect and maintain those areas having acceptable noise
environments.
o Provide sufficient information concerning the community
noise levels so that noise can be objectively considered
in land use planning decisions.
These goals are supported by four policies and numerous
implementation actions.
Policy 1: Provide for measures to reduce noise impacts from
transportation noise sources.
This policy addresses transportation noise, one of the major
sources of noise in the City. Among the actions associated with
this policy are to work with CALTRANS to complete the
installation of freeway noise barriers along the Santa Monica
freeway, and to continue to enforce the State Motor Vehicle noise
standards.
Policy 2: Incorporate noise considerations into land use
planning decisions.
This policy is intended to address potential noise/land use
compatibility problems more proactively through the development
review process. Actions include careful review and monitoring of
the siting of land uses, as well as changes in the Noise
Ordinance to provide for greater noise mitigation during
construction. As part of the building permit review process,
projects will be reviewed to ensure compliance with the standards
outlined in Table 2.
Table 2
Policy 3: Develop measures to control non-transportation noise
impacts.
Non-transportation noises include those produced by late night
entertainment, barking dogs, and motor-driven gardening
equipment. Among the implementation actions that are proposed to
address the non-transportation noise problems are the following:
o Expanding the City's mediation program to address noise
disputes between neighbors.
o Revising the noise metric provided for in the Noise
Ordinance to an Equivalent Noise Level (Leg) in order to
facilitate easier measurements.
o Delete the requirement to measure barking dog noise as
part of Noise Ordinance enforcement. The presence of a
person measuring the the noise may induce the dog to
bark, thus bringing into question the validity of the
measurement. Accordingly, Section 4311 of the Noise
Ordinance has been revised as follows:
Noisy Animals. No person shall keep, maintain, or
permit any animal which barks, yells, or cries for
more than five (5) minutes in any one (1) hour
period.
This new section will grant discretion to the Police
Department to determine whether an animal noise disturbs
the public peace.
o Require that Building Permit applicants, including
contractors, sign a form acknowledging requirements of
the noise ordinance, particularly as pertains to
mechanical equipment. In addition, at the Planning
Commission's request, language has been added to the
Noise Ordinance that would require that all project
plans show the location of mechanical equipment in
relation to adjacent noise-sensitive land uses.
To address the problem of noise from nightclubs and similar
establishments, a new section has been added to the Noise
Ordinance to require that entrances and exits to nightclubs be
situated on commercial streets, and that doors and windows be
designed to minimize escaping noise. More specifically, the new
section will require, that new establishments provide entrances
and exits designed as two-door vestibules, and that windows
consist of double-paned glass. As an alternative to the above
standard, staff evaluated a requirement that would require an
owner of a new nightclub or entertainment use to submit a noise
reduction plan as part of the building permit process. Staff
determined that this approach was too discretionary and that a
specific standard was more enforceable and more likely to abate
the noise problem.
Policy 4: The City shall develop measures to control
construction noise impacts.
Construction noise was a major concern for those who participated
in the public workshop. To respond, the Noise Element proposes
the following new method of dealing with construction noise:
o When new projects near residential areas involve pile
driving, night time truck hauling, blasting, 24 hour
pumping, or other high noise equipment, the project EIR
will be required to have a noise analysis, which will
identify specific mitigations, such as notification of
residents, relocation of residents, and and quieter
construction techniques.
In addition to these new requirements for environmental
review, a provision has been added to the revised Noise
Ordinance which will require that all development
projects located within 500 feet of any residence (or
other noise-sensitive land use) submit to the City a
list of construction equipment and, if it is determined
that construction noise will exceed 90 dBA at a distance
of 50 feet or greater, the use of equipment shall be
limited to between the hours of 10:00 a.m. and 3:00 p.m.
CHANGES RECOMMENDED BY THE PLANNING COMMISSION
After conducting a public hearing on the Draft Noise Element, the
Planning Commission recommended adoption with the following
changes:
1) Airport Noise: The Planning Commission asked that
language be added to Action 1.4 to require that the Airport
Director prepare an annual report to the Airport Commission
summarizing community noise complaints and violations. This
language has been added.
2) Design Review and Mechanical Equipment: The Commission
requested that language be added to Action 3.3 to require
that all project plans show the location of mechanical
equipment (such as air conditioners and pool pumps) in
relation to adjacent noise-sensitive (i.e., residential land
uses). The language has been added to the Noise Element as
requested, and new language has also been added to the Noise
Ordinance (see Section 4316) requiring that all development
applications include a) a list of mechanical equipment to be
placed outdoors, b) plans showing the location of the
equipment in relation to adjacent residential uses, and c)
the results of a applicant-sponsored test of the noise
produced by the equipment.
3) Motor Vehicle Noise: Per the Planning Commission,
language has been added to Policy 1 to "encourage the Police
Department to enforce noise provisions of the Motor Vehicle
Code". In addition, a new action (Action 1.6) has been added
to require that an annual notice be given to all patrol
officers summarizing the provisions of the Motor Vehicle Code
with respect to motor vehicle noise.
4) Car Alarms: The Commission recommended that the City
Council consider a five-minute limit on the sounding of car
alarms. However, in the City Attorney's opinion, the City is
pre-empted in this regard by State law. No changes are
recommended as a result of this pre-emption.
5) Exemption from Sunday construction ban for single family
houses: The Commission recommended exempting resident-
builders in single family areas from the Sunday construction
ban. Staff does not support this recommendation due to the
enforcement difficulty of differentiating between R-1
construction and construction in other zones. In addition,
the noise associated with a resident-builder could
potentially be just as disruptive as that generated by a
contractor. This prohibition on Sunday construction has not
generated substantial opposition.
6) Speaker Boxes: The Planning Commission recommended that
speaker boxes at drive-through restaurants be more
aggressively regulated. Staff feels that this is an
administrative issue and need not be addressed in the Noise
Element.
7) Auto-dealer P.A. Systems: The Commission asked that the
P.A. systems used by the auto dealers in the City be
prohibited. However, staff feels that as long as these
systems do not produce noise which exceeds acceptable limits,
they should not be prohibited.
8) Other Recommendations: The Planning Commission asked that
the language of the Noise Element be modified to provide a
better explanation of the purpose of the element. Various
textual changes have been made to address this request.
The Draft Noise Element originally reviewed and approved by the
Planning Commission contained a program that called for
implementing a self-monitoring program for commercial
establishments which represent a continuous noise problem. Staff
proposed this program believing that it could increase
accountability by commercial establishments and decrease time
required by City staff to respond to noise complaints.
However, since Planning Commission review of the Noise Element,
staff has further considered the self-monitoring program and
determined that there is a simpler method of achieving the
desired goal of obtaining compliance with City noise standards.
The simpler method which is based upon the method adopted as part
of the Main Street Ordinance, consists of authorizing the City to
suspend or revoke an establishment's business license if noise
standards are violated.
PUBLIC COMMENTS ON THE DRAFT ELEMENT AND INITIAL STUDY/NEGATIVE
DECLARATION
Copies of several letters submitted on the Draft Noise Element
are contained in Attachment D. A few comments were also
submitted by telephone.
A summary of the comments along with responses by staff follow:
o Comment: Action 3.1, which proposes developing a
mediation program with the support of an agency other
than the City, will add another layer of bureaucracy,
hampering speedy resolution of noise problems.
Response: The purpose of the mediation program is to
provide a means of resolving noise problems that are
otherwise not resolved through objective noise
measurement. Noise problems which lend themselves to
objective measurement will continue to be handled
objectively. Thus, the mediation program would
supplement, not replace, the existing method of
resolving noise disputes.
o Comment: Action 3.3 in the Noise Element will require
that project plans for new commercial projects show the
location of outdoor mechanical equipment in relation to
other noise sensitive land uses. This requirement
should also apply to project plans for new residential
projects.
Response: Staff agrees that the proposed requirements
of Action 3.3 should also apply to residential
development. Thus, Action 3.3 has been revised to say,
"Require that new commercial and residential projects,
to be built near existing residential land uses,
demonstrate compliance with the City Noise Ordinance
prior to approval of the project...(etc.)."
o Comment: The City should consider a new standard that
reads as follows:
Any business that plays live or recorded music will
be considered in violation of the noise code if
their music can be heard in neighboring homes that
have their windows open.
Response: Staff believes this standard would be too
subjective. Just because a noise can be heard does not
mean that it is disturbing or detrimental. The City has
established objective criteria for measuring noise which
results in consistent, objective enforcement.
Furthermore, as indicated above, the City has modified
the provisions of the Noise Ordinance to allow the City
to suspend or revoke an establishment's business license
if a business continually violates the Noise Ordinance.
o Comment: Bars that discharge loud, rowdy, screaming
customers should be required to post personnel within a
designated proximity of the bar to supervise the quiet
exit of their customers.
Response: The existing provisions of the Noise
Ordinance which establish stricter noise standards after
certain hours in commercial districts already address
this issue. Furthermore, new development in the City is
required to comply with strict conditions of approval
concerning hours of operation and the serving of
alcoholic beverages. Staff also believes that many of
these issues will also be addressed in the formulation
of the City's new alcohol policies.
o Comment: The City should consider creating a new
noise zone for mixed use areas that would take into
account the fact that residential uses lie in close
proximity to commercial uses.
Response: The difficulty with this proposal is that
most commercial zones in the City allow residential
uses, and the city anticipates an increase in the number
of residential uses in commercial zones. Thus, most
commercial zones in the City will become "mixed use"
zones. By their nature, commercial zones involve more
activity and generally produce more noise than
residential zones. This is why the maximum noise level
for Commercial Zones is 60 dBA, as opposed for 50 dBA
for residential zones. Staff does not believe that it
would be practical to reduce the allowable noise level
for commercial districts citywide, since many commercial
uses would not be able to comply with a lower standard.
OTHER NOISE ORDINANCE ISSUES
The changes to the Noise Ordinance, contained in Attachment A,
have been underlined so that they may be easily identified.
In addition to the changes described above, the Noise Ordinance
has been modified to permit the Zoning Administrator to suspend
or, after three or more violations, revoke an establishment's
business license. This new provision is intended to bring about
greater compliance with the Noise Ordinance, especially with
regard to the nighttime noise from commercial establishments.
ENVIRONMENTAL ANALYSIS
The Initial Study Checklist proposed for the Noise Element
determined that the Noise Element would not have a significant
adverse effect on the environment (see Attachment B). The Noise
Element is a policy document. It does not involve any
construction or development activity. For this reason, a
Negative Declaration is being recommended for approval by the
City Council.
BUDGET/FINANCIAL IMPACTS
The recommendation in this report will not have a budget or
fiscal impact.
RECOMMENDATION
Staff respectfully recommends that the City Council:
1) Conduct a public hearing on the Draft Noise Element,
Noise Ordinance, and proposed Negative Declaration;
2) Approve the proposed Negative Declaration;
3) Adopt the attached Resolution of Intention to amend the
General Plan to include the proposed Noise Element.
4) Introduce for first reading the revised Noise Ordinance
Prepared By: Paul Berlant, Director of LUTM
Suzanne Frick, Planning Manager
Tad Read, Associate Planner
Land Use and Transportation Management Department
Program and Policy Development Division
Attachments:
A Revised Noise Ordinance
B Initial Study Checklist and Proposed Negative
Declaration
C Resolution of Intention to Amend the Noise Element of
the General Plan
D Letters from the public concerning the Draft Noise
Element
E Draft Noise Element, June, 1992
ATTACHMENT A
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 3A OF
ARTICLE IV OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO THE REGULATION OF NOISE AND VIBRATION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 3A of Article IV of the Santa Monica
Municipal Code is amended to read as follows:
Chapter 3A. Noise.
SECTION 4301. Declaration of Policy. The
City Council finds and declares:
(a) In order to control unnecessary,
excessive, and annoying noise and vibration in the
City of Santa Monica, it is hereby declared to be
the policy of the City to prohibit such noise and
vibration generated from or by all sources as
specified in this Chapter.
(b) It is determined that certain noise
levels and vibration are detrimental to the public
health, welfare, and safety, and contrary to public
interest and, therefore, the City Council of the
City of Santa Monica does ordain and declare that
creating, maintaining, causing or allowing to be
created, caused, or maintained, any noise or
vibration in a manner prohibited by, or not in
conformity with, the provisions of this Chapter, is
a public offense and shall be punishable as such.
SECTION 4302. Definitions. The following
words and phrases as used in this Chapter shall have
the following meanings:
(a) Allowable Exterior Noise Equivalent
Level. The maximum noise level as measured in
decibels permitted in a Noise Zone.
(b) Ambient Noise Level. The
all-encompassing noise level associated with a given
environment, being a composite of sounds from all
sources, excluding the alleged offensive noise, at
the location and approximate time at which a
comparison with the alleged offensive noise is to be
made.
(c) A-Weighted Sound Level. The total sound
level in decibels of all sound as measured with a
sound level meter with a reference pressure of 20
micro-pascals using the A-weighted network (scale)
at a slow response. The unit of measurement shall
be defined as dBA.
(d) Community Noise Officer. The person
designated by the City Manager to administer the
provisions of this Chapter.
(e) Cumulative Period. An additive period
of time composed of individual time segments which
may be continuous or interrupted.
(f) Decibel (dB). A unit which 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.
(g) Emergency Machinery, Vehicle, Work, or
Alarm. 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, or work by
private or public utilities when restoring utility
service.
(h) Fixed Noise Source. A stationary device
which creates sounds while fixed or motionless,
including, but not limited to, residential,
agricultural, industrial, or commercial machinery,
equipment, pumps, fans, compressors, air
conditioners, construction, or refrigeration
equipment.
(i) Grading. 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.
(j) Hertz (Hz). The unit which describes
the frequency of a function periodic in time which
is the reciprocal of the period.
(k) Health Care Institution. 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.
(l) Impulsive Noise. A noise of short
duration usually less than one second and of high
intensity, with an abrupt onset and rapid decay.
(m) Intruding Noise Level. The total sound
level, in decibels, created, caused, maintained, or
originating from an alleged offensive source at a
specified location while the alleged offensive
source is in operation.
(n) Major Roadway. Any street, avenue,
boulevard, freeway, or highway used for motor
vehicle traffic by the public.
(o) Mechanical Equipment. Equipment such as
pool pumps, spa pumps, air conditioners, and
accessory equipment such as generators, ducts, and
vents.
(p) Mobile Noise Source. Any noise source
other than a fixed noise source.
(q) Person. A person, firm, association,
co-partnership, joint venture, corporation, or any
entity, public or private in nature.
(r) Simple Tone Noise. A noise
characterized by a predominant frequency or
frequencies so that other frequencies cannot be
readily distinguished. If measured, Simple Tone
Noise shall exist if the one-third octave band sound
pressure level in the band with the tone exceeds the
arithmetic average of the sound pressure levels of
the two contiguous one-third octave bands by: 5 dB
for frequencies of 500 Hz and above; by 8 dB for
frequencies between 160 and 400 Hz; and, by 15 dB
for frequencies less than or equal to 125 Hz.
(s) Sound Level Meter. An instrument
meeting American National Standard Institute's
Standard S1.4-1971 or most recent revision thereof
for Type 1 sound level meter or an instrument and
the associated recording and analyzing equipment
which will provide equivalent data.
(t) Sound Pressure Level. Twenty times the
logarithm to the base 10 of the ratio of the
pressure of the sound to a reference pressure shall
be explicitly stated.
(u) Vibration. Any movement of the earth,
ground, or other similar surface created by a
temporal and spacial oscillation of displacement,
velocity, or acceleration in any mechanical device
or equipment located upon, attached or affixed to,
or in conjunction with that surface.
SECTION 4303. Decibel Measurement Criteria.
Any decibel measurement 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.
SECTION 4304. Designated Noise Zones. The
properties hereinafter described are hereby assigned
to the following noise zones:
Noise Zone I. All noise or vibration sources
located within any residential (such as "R" or "OP")
district created by Municipal Code Section 9103 or
any revisions thereto.
Noise Zone II. All noise or vibration sources
located within any commercial district (any "C"
district), including any neighborhood commercial
district, created by Municipal Code Section 9103 or
any revisions thereto.
Noise Zone III. All noise or vibration
sources located within any manufacturing or
industrial district (any "M" district) as created by
Municipal Code Section 9103 or any revisions
thereto.
SECTION 4305. Exterior Noise Standards.
(a) The following noise standards, unless
otherwise specifically indicated, shall apply to all
property with a designated noise zone during the
times indicated:
ALLOWABLE
EXTERIOR
NOISE
NOISE EQUIVALENT
ZONE TIME INTERVAL LEVEL
I Monday through Friday:
12 am to 7 am and
from 10 pm to 12 am 50 dBA
7 am to 10 pm 60 dBA
Saturday and Sunday:
12 am to 8 am and
from 10 pm to 12 am 50 dBA
8 am to 10 pm 60 dBA
II 12 am to 7 am and
from 10 pm to 12 am 60 dBA
7 am to 10 pm 65 dBA
III Anytime 70 dBA
(b) For each Noise Zone, the allowable
exterior median noise level shall be reduced by 5
dBA for impulse or simple tone noises, or for noises
consisting of speech or music. If the ambient noise
level exceeds the allowable exterior equivalent
noise level standard, the ambient noise level shall
be the standard.
(c) Except as provided for in this Chapter,
it shall be unlawful for any person at any location
within the City to create any noise, or to allow the
creation of any noise on property owned, leased,
occupied, or otherwise controlled by such person,
which causes the noise level to exceed:
(1) The noise standard for the
applicable Noise Zone for a cumulative period of
more than 15 minutes in any twenty-four hour period;
or
(2) A maximum instantaneous noise level
equal to the value of the noise standard plus 20 dBA
at any time and for any period of time.
SECTION 4306. Exemptions. The following
activities, unless otherwise specifically indicated,
shall be exempted from the provisions 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.
(b) Outdoor gatherings, public dances, shows,
and sporting and entertainment events, provided said
events are conducted pursuant to a permit or license
issued by the appropriate jurisdiction relative to
the staging of said events.
(c) Any alarm or emergency device, apparatus,
or equipment regulated by Municipal Code Sections
3960 through 3970.
(d) Noise sources associated with the
installation, repair, or replacement of utilities or
public services between the hours of 7:00 a.m. and
8:00 p.m., Monday through Friday, and between 9:00
a.m. and 8:00 p.m. on Saturday.
(e) Emergency work required to be performed
to protect persons or property following public
calamity or from imminent exposure to danger or
hazards, 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 10050 et seq. (Aircraft Noise
Abatement Code).
(g) Noise sources associated with activities
conducted by the City of Santa Monica, its agents,
and employees.
(h) Any activity to the extent regulation
thereof has been preempted by State or Federal law.
SECTION 4307. Schools, Churches, Libraries,
Health Care Institutions - Special Provisions. It
shall be unlawful for any person to create any noise
for any length of time which causes the noise level
when measured on the property of any school,
hospital, or similar health care institution,
church, or library while in use, to exceed the
prescribed noise standards specified in Section 4305
for the Noise Zone in which the school, hospital,
church, or library is located.
SECTION 4308. Location of Noise Level
Measurement. The Community Noise Officer shall have
the sole discretion to select the location for
measuring exterior noise levels consistent with
standards established by American National Standard
Specifications for Sound Meters.
SECTION 4309. Vibration. Notwithstanding
other Sections of this Chapter, it shall be unlawful
for any person to create, maintain, or cause any
ground vibration which is perceptible without
instruments at any point on any affected property
adjoining the property on which the vibration source
is located. For the purpose of this Chapter, the
perception threshold shall be presumed to be more
than 0.05 inches per second RMS velocity.
SECTION 4310. Variance Procedure.
(a) The owner or operator of a noise or
vibration source may file an application with the
Community Noise Officer for a variance 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 compliance or of substantially reducing
the noise or vibration, and a proposed time schedule
for its accomplishment. The application shall be
accompanied by a fee in the amount of $75.00. This
fee may be revised from time to time by resolution
of the City Council. 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 the application for a variance
within 45 days of its receipt by the Community Noise
Officer. No later than seven days prior to the
hearing, the Community Noise Officer or his or her
designate shall give notice of the 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. The applicant for a variance shall be
responsible for supplying, at his or her expense,
the Community Noise Officer with a verified list of
all persons and entities to be notified of the
hearing. With respect to each property, the
individual owner(s) shall be determined through
inspection of the records of the Los Angeles County
Assessor. Tenants or lessees to be notified shall
be determined through a site census of the affected
area. 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
violation occupying prior to the granting of a
variance.
(c) An application for an extension of a
variance previously granted shall be subject to this
Chapter to the same extent as an initial application
for a variance.
(d) The Community Noise Officer shall
evaluate all applications for variances and may
grant variances or extensions subject to such terms,
conditions, and requirements as the officer may deem
reasonable to achieve compliance with the provisions
of this Chapter. Each decision on a request for a
variance or extension shall set forth in writing the
approved method of achieving compliance with this
Chapter and a time schedule, not to exceed one year
from the date of the decision, for achieving full
compliance with this Chapter. No variance or
extension shall be granted unless each of the
following findings are made:
(1) That strict application of this
Ordinance 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 or activity involved that are unique to it
and that do not apply generally to other property in
the same Noise Zone.
(3) That the granting of a variance
would not be materially detrimental to the persons
and property within the affected Noise Zones and to
public welfare.
(e) Any violation of the terms of said
variance shall be unlawful.
(f) A variance may be revoked if the
Community Noise Officer makes any one or more of the
following findings:
(1) That the variance was obtained by
misrepresentation or fraud.
(2) That one or more of the conditions
of the variance have not been complied with.
(3) That the variance was issued in
contravention of state or federal law or any
ordinance of the City.
(g) Any person aggrieved by a decision of the
Community Noise Officer may appeal to the City's
Hearing Examiner pursuant to the time limits and
procedures of Section 6072 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.
(h) All persons who appeal any decision or
order of the Community Noise Officer to the Hearing
Examiner shall pay a fee of $200.00 at the time the
appeal is filed. This fee may be revised from time
to time by resolution of the City Council.
SECTION 4311. Noisy Animals. No person shall
keep, maintain, or permit any animal which barks,
yells or cries for more than five (5) minutes in any
one(1) hour period.
SECTION 4312. Restrictions in Public Parks or
Recreational Facilities.
(a) No person shall play any drum or other
percussion type instrument or device in or upon any
public park or recreational facility maintained by
the City of Santa Monica.
(b) No person shall play any audio or
electronic device including, but not limited to, any
radio, tape player, compact disc, musical
instrument, or electronic key board after 10:00 p.m.
or before 8:00 a.m. in or upon any public park,
beach, or recreational facility owned or maintained
by the City of Santa Monica.
(c) This Section shall not prohibit the
playing of any drum, other percussion type
instrument, or any audio or electronic device in any
band or orchestra or other musical group which has
been granted permission to play or perform in or
upon a public park or other public facility by the
City.
SECTION 4313. 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 4305 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 (500)
feet of the site of the proposed demolition activity
prior to commencing work pursuant to the permit.
Applications for such permit shall be in writing,
shall be accompanied by an application fee in the
amount of Twenty-Five ($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. Anyone dissatisfied
with the denial of such permit may appeal to the
City Council. 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.
SECTION 4314. Restrictions on Construction,
Maintenance, or Repair of Buildings.
(a) No person shall engage in any
construction 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 construction
activities conducted by 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 such
activities shall not exceed the allowable exterior
noise equivalent level specified in Section 4305(a)
of this Chapter, as applicable for the Noise Zone
where the activity occurs, plus 10 dBA, except as
set forth in Section 4314(c).
(c) Prior to project approval, all
development projects located within 500 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, jack hammers, pavement
breakers, or similar equipment.
(2) Construction activities such as 24
hour pumping, excavation, or demolition.
If it is determined that construction noise will
exceed 90 dBA at a distance of 50 feet or greater,
the use of the equipment which produces such noise
will be limited to between the hours of 10:00 a.m.
and 3:00 p.m.
(d) A permit may be issued authorizing
construction 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 (500
feet of the site of the proposed construction
activity prior to commencing work pursuant to 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. Anyone dissatisfied
with the denial of such permit may appeal to the
City Council. The fees provided for in this Section
may be revised from time to time by resolution of
the City Council.
(e) No permit is required to perform
emergency work necessary to restore property to a
safe condition following a public calamity or work
required to protect persons or property from an
imminent exposure to danger or hazards.
(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 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,
maintenance, or repair work on buildings or
structures.
(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.
SECTION 4315. Location, Screening, and Noise
Measurements of Mechanical Equipment. In addition
to satisfying the requirements of Section 9040.39 of
the Municipal Code, all development project
applications must contain the following information:
(a) A list of all permanent mechanical
equipment to be placed outdoors.
(b) Plans showing the location of mechanical
equipment in relation to all immediately adjacent
land uses. Mechanical equipment shall not be
located on the side of any building which is
adjacent to a residential building on the adjoining
lot. Roof locations may be used when the mechanical
equipment is installed within a sound rated, parapet
enclosure.
(c) Final approval of any mechanical
equipment installation will require a noise test in
compliance with Section 4304 of this Ordinance.
Equipment for the test shall be provided by the
owner or 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 exceed maximum allowable
levels for the applicable noise zone.
SECTION 4316. Nightclubs, Bars and
Establishments with Amplified Music.
(a) All exits and entrances 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, manufacturing, or mixed use zones.
(b) Entrances and regular exits shall be
designed as two-door vestibules, so that only one
(1) set of doors is open at a time. Doors shall be
of solid core design. Windows shall be constructed
with double-paned glass. However, if sound through
doors and windows is not sufficiently reduced to
comply with Section 4305 of this Chapter, then sound
rated door and window assemblies complying with ASTM
E-90-87 shall be installed. Plans of the proposed
installation shall be submitted to the Building and
Safety Division for approval prior to construction.
Final approval of the installation will require the
passing of a noise level test and an inspection by
the Building and Safety Division and the Fire
Department.
(c) This Section shall apply to all
nightclubs, bars and establishments whose
application for this type of use was filed with the
City's Planning Division on or after September 1,
1992.
SECTION 4317. Criminal Remedies. Any person
violating any of the provisions of this Chapter
shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in an amount not
to exceed $500 or be imprisoned in the City Jail for
a period not to exceed 6 months or by both such fine
and imprisonment. Each day such violation is
committed or permitted to continue shall constitute
a separate offense and shall be punishable as such.
SECTION 4318. Additional Remedies.
(a) The violation of any provision of this
Chapter shall be deemed a public nuisance and may be
subject to abatement by the City Attorney or any
aggrieved person in any manner permitted by law
including, but not limited to, suit in a court of
competent jurisdiction. No provision of this
Chapter shall be construed to impair or diminish any
common law or other statutory cause of action or
legal or equitable remedy available to the City or
to any person for injury or damage arising from
violation of this Chapter or from other law.
(b) The violation of this Chapter may be
grounds to suspend or to revoke any license or
permit issued by the City including, but not limited
to, the right or privilege to conduct any business
pursuant to Article VI of this Code as set forth as
follows:
(1) The Zoning Administrator may
suspend a business license for up to thirty (30)
days or, as provided on Section 4318(b), may revoke
a business license issued pursuant to Article VI of
the Code, if the holder of the business license has
violated the provisions of this Chapter or the terms
and conditions of any permit or approval issued
pursuant to this Chapter.
(2) Upon a third violation of this
Chapter, or the terms and conditions of any permit
or approval within a three (3) year period from the
date of the first violation, the Zoning
Administrator may notify the person of the
revocation of the person's business license.
(c) Any notice of revocation or suspension
issued pursuant to this Section shall be final if no
appeal is timely filed pursuant to Section 6072 of
this Code.
(d) In addition to other remedies, the
Community Noise Officer shall have the authority to
issue orders imposing civil and administrative
remedies for violations of this Chapter. These
remedies can include, but are not limited to, civil
penalties of up to $100.00 for an initial violation
of this Chapter, and penalties up to $500.00 for
each subsequent violation of this Chapter. A person
who fails to pay a civil penalty within thirty (30)
days after the issuance of an order to do so shall
pay a separate charge of ten percent (10%) of the
amount of the civil penalty.
(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
4310(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.
SECTION 4319. Interference with Enforcement.
No person shall interfere with, oppose, or resist
the taking of any noise measurement authorized by
this Chapter.
SECTION 4320. 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 noise levels
meet the standards contained in the Interior and
Exterior Noise Standards Matrix as contained in the
Noise Element of the General Plan.
SECTION 4321. Posting of Construction Signs.
(a) There shall be displayed at every site
covered by this Chapter where work activities
requiring a City permit and costing in excess of
$10,000 are being conducted, a sign in English and
Spanish reading substantially as follows:
"Attention All Employees and Subcontractors, Santa
Monica construction/demolition work times are:
Monday through Friday, 8:00 a.m. until 6:00 p.m.;
Saturday, 9:00 a.m. until 5:00 p.m.; Sundays and
holidays, not work permitted." In addition, the
sign shall indicate the City telephone numbers where
violations of this Section can be reported, the
location of the job site, and the permit number
issued authorizing the work.
(b) Signs required by this Section shall be
continually placed prominently at all entrances to
the work site so that they are clearly visible to
the public and to all employees, contractors,
subcontractors, and all other persons performing
work at the site, so long as activity covered by
this Section is occurring.
(c) Each sign required to be displayed
pursuant to this Section shall be obtained from the
Building and Safety Division. The Building and
Safety Division shall charge for each sign a fee
equal to the City's cost of printing the sign.
(d) Each Department or agency of the City
that is required to inspect the work site is
directed only to inspect sites which comply with
this Section.
(e) This Section shall apply to construction
pursuant to any building permit issued after the
effective date of this Ordinance.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance. Except as expressly
provided for herein, the provisions of this Chapter shall not
repeal Santa Monica Municipal Code Sections 3970 (Motor Vehicle
Alarms), 31010 (Police Permits), 4400 et seq. (Private Dancing
Parties), and 10050 et seq. (Aircraft Noise Abatement Code).
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 of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 3. 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:
__________________________________
ROBERT M. MYERS
City Attorney
ATTACHMENT B
INITIAL STUDY
AND
NEIGHBORHOOD IMPACT STATEMENT
DATE FILED 9/19/89
I. BACKGROUND
1. Name of Applicant City of Santa Monica
2. Address and Phone Number of Proponent
1685 Main Street, Santa Monica, California 90401
(213) 458-8585
3. Project Address entire City of Santa Monica
Name of Proposal, if applicable Noise Element Update
4. Initial Study Prepared by John Read, Associate Planner
II. ENVIRONMENTAL IMPACTS
(Explanations of all answers are required on attached
sheets.)
Yes Maybe No
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in
changes in geologic substructures? X
b. Extensive disruptions, displace-
ments, compaction or overcovering
of soil? X
c. Extensive change in topography of
ground surface relief features? X
d. The destruction, covering or
modification of any unique
geological or physical features? X
Yes Maybe _No
e. Considerable increase in wind or
water erosion of soils, either on
or off the site? X
f. Changes in deposition or erosion
of beach sands, or changes in
siltation, deposition or erosion
which may modify the bed of the
ocean or any bay or inlet? X
g. Exposure of people or property
to geologic hazards such as
earthquakes, landslides, mud-
slides, ground failure, or
similar hazards? X
2. Air. Will the proposal result in:
a. Considerable air emissions or
deterioration of ambient air
quality? X
b. The creation of objectionable
odors? X
c. Substantial alteration of air
movement, moisture, or temperature,
or any change in climate, either
locally or regionally? X
d. Expose the project residents to
severe air pollution conditions? X
3. Water. Will the proposal result in:
a. Changes in currents, or the
course of direction of water
movements, in either marine or
fresh waters? X
b. Extensive changes in absorp-
tion rates, drainage patterns,
or the rate and amount of
surface runoff? X
c. Alterations to the course or
flow of flood waters? X
Yes Maybe _No
d. Substantial change in the amount
of surface water in any water
body? X
e. Discharge into surface waters,
or in any alteration of surface
water quality, including but
not limited to temperature,
dissolved oxygen or turbidity? X
f. Alteration of the direction or
rate of flow of ground waters? X
g. Change in the quantity of ground
waters, either through direct
additions or withdrawals, or
through interception of an
aquifer by cuts or excavations? X
h. Considerable reduction in the
amount of water otherwise avail-
able for public water supplies? X
i. Exposure of people or property
to water related hazards such
as flooding or tidal waves? X
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species
or number of any species of plants
(including trees, shrubs, grass,
crops, and aquatic plants)? X
b. Reduction of the numbers of any
unique, rare or endangered
species of plants? X
c. Introduction of new species of
plants into an area, or result in
a barrier to the normal replen-
ishment of existing species? X
Yes Maybe _No
5. Animal Life. Will the proposal
result in:
a. Change in the diversity of
species, or number of any species
of animals (birds, land animals
including reptiles, fish and
shellfish, benthic organisms or
insects)? X
b. Reduction of the numbers of any
unique, rare or endangered
species of animals? X
c. Introduction of new species of
animals into an area, or result
in a barrier to the migration
or movement of animals? X
d. Deterioration of existing fish
or wildlife habitats? X
6. Energy. Will the proposal result in:
a. Use of considerable amount of
fuels or energy? X
b. Considerable increase in demand
upon existing sources of energy,
or require the development of
new sources of energy? X
7. Natural Resources. Will the proposal
result in:
a. Considerable increase in the rate
of use of any natural resources? X
b. Considerable depletion of any
nonrenewable natural resource? X
8. Noise. Will the proposal result in:
a. Considerable increases in existing
noise levels? X
b. Exposure of people to severe
noise levels? X
Yes Maybe _No
9. Light and Glare. Will the proposal
produce considerable new light or glare
from street lights or other sources? X
10. Shadows. Will the proposal produce
extensive shadows affecting
adjacent uses or property? X
11. Risk of Upset. Will the proposal
involve:
a. A risk of an explosion or the
release of hazardous substances
(including, but not limited to,
oil, pesticides, chemicals or
radiation) in the event of an
accident or upset conditions? X
b. Possible interference with an
emergency response plan or an
emergency evacuation plan? X
12. Human Health. Will the proposal
result in:
a. Creation of any health hazard
or potential health hazard
(excluding mental health)? X
b. Exposure of people to potential
health hazards? X
c. Considerable adverse impact on
health care services? X
13. Population. Will the proposal
result in:
a. Considerable change in the distri-
bution, density, or growth rate of
the human population of an area? X
b. The relocation of any persons
because of the effects upon
housing, commercial or industrial
facilities? X
c. The relocation or dislocation
of employment or businesses? X
Yes Maybe _No
14. Land Use. Will the proposal result in:
a. A considerable alteration of the
present or planned land use of
an area? X
b. Demolition, relocation, or
remodeling of residential, com-
mercial or industrial buildings
or other facilities? X
15. Housing. Will the Proposal:
a. Create a considerable demand for
additional housing? X
b. Have a considerable adverse impact
on the available rental housing
in the community? X
16. Right of Way. Will the proposal
result in:
a. Reduced lot area? X
b. Reduced access? X
c. Reduced off-street parking? X
d. Creation of abrupt grade dif-
ferential between public and
private property? X
17. Transportation/Circulation. Will
the proposal result in:
a. Generation of considerable
additional vehicular movement? X
b. Substantial effects on
existing parking facilities, or
demand for new parking? X
c. Considerable adverse impact upon
existing bus transit systems? X
d. Alterations to present patterns
of circulation or movement of
people and/or goods by changes
to roadways? X
Yes Maybe _No
e. Alterations to waterborne, rail
or air traffic? X
f. Considerable adverse impact on
traffic safety to motorists,
bicyclists or pedestrians? X
18. Utilities. Will the proposal
result in a need for new systems,
or major alterations to the
following utilities:
a. Power or natural gas? X
b. Communications systems? X
c. Water? X
d. Sewer or septic tanks? X
e. Storm water drainage? X
f. Solid Waste and disposal? X_
19. Public Services. Will the proposal
have a considerable effect upon, or
result in a need for new or altered
governmental services in any of the
following areas:
a. Fire protection? X
b. Police protection? X
c. Schools, including
pre-schools or child care? X
d. Parks or other recreational
facilities? X
e. Maintenance of public facil-
ities, including roads? X
f. Other governmental services? X
20. Construction Effects. Will the
proposal have considerable construc-
tion-period impacts due to the scope, or
location of construction activities? X
Yes Maybe _No
21. Fiscal. Will the proposal have a
considerable fiscal effect on the
City? X
22. Recreation. Will the proposal result
in a considerable impact upon the
quality or quantity of existing
recreational opportunities? X
23. Cultural Resources.
a. Will the proposal result in the
alteration of or the destruc-
tion of a prehistoric or his-
toric archeological site? X
b. Will the proposal result in
adverse physical or aesthetic
effects to a prehistoric or
historic building, structure,
or object? X
c. Does the proposal have the
potential to cause a physical
change which would affect
unique ethnic cultural values? X
d. Will the proposal restrict
existing religious or sacred
uses within the potential
impact area? X
24. Aesthetics. Will the proposed
project result in:
a. The obstruction of any scenic
vista or view open to the public? X
b. The creation of an aestheti-
cally offensive site open to
public view? X
c. The destruction of a stand of
trees, a rock outcropping or
other locally recognized desir-
able aesthetic natural feature? X
d. Any substantial negative
aesthetic effect?
Yes Maybe _No
25. Neighborhood Effects. Will the
proposal have considerable effects
on the project neighborhood? X
26. Mandatory Findings of Significance.
a. Does the project have the poten-
tial to degrade the quality of the
environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self
sustaining levels, threaten to
eliminate a plant or animal commun-
ity, reduce the number or restrict
the range of a rare or endangered
plant or animal or eliminate
important examples of the major
periods of California history or
pre-history? X
b. Does the project have the poten-
tial to achieve short-term, to
the disadvantage of long-term,
environmental goals? X
c. Does the project have impacts
which are individually limited,
but cumulatively considerable? X
d. Does the project have environ-
mental effects which will cause
substantial adverse effects on
human beings, either directly
or indirectly? X
III. DISCUSSION OF ENVIRONMENTAL EVALUATION
(See attachment)
IV. DETERMINATION
(See attachment)
NEGATIVE DECLARATION
An application for a NEGATIVE DECLARATION to carry out the
following project: Update of the Noise Element of the General
Plan
on property located throughout the City
in the City of Santa Monica, California, having been filed by
the Program and Policy Development Division, on September 19,
1989, and the application having been reviewed by the Land Use
and Transportation Management Department in accordance with the
procedures established by Resolution 6694 (CCS), therefore, the
Department hereby finds that:
1. The proposed activity does constitute a project within
the meaning of the California Environmental Quality Act
of 1970, as amended.
2. The proposed activity is not exempt from the provisions
of such act by reason of being a ministerial,
categorically exempt or emergency activity.
3. The proposed activity does not appear to have a
substantial adverse effect upon the environment.
4. Inasmuch as it can be seen with reasonable certainty
that no substantial adverse effect is involved, no
proper purpose would be served by the preparation of an
Environmental Impact Report.
5. A Negative Declaration document is the proper, correct
and appropriate procedure required to assure compliance
with the purpose and intent of the California
Environmental Quality Act of 1970, as amended.
The Department, therefore, has determined that the proposed
project does not have a significant effect on the environment and
that an Environmental Impact Report is not required. Following
the public review period, the decisionmaking body is required to
consider whether or not a Negative Declaration continues to be
appropriate.
Date:
DIRECTOR OF LAND USE AND
TRANSPORTATION MANAGEMENT DEPT.
ATTACHMENT C
RESOLUTION NO.
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING THE NOISE ELEMENT OF THE GENERAL PLAN
WHEREAS, California Government Code Section 65302(f)
requires that each local jurisdiction adopt a Noise Element as
part of the General Plan which shall identify and appraise noise
problems in the community; and,
WHEREAS, Santa Monica's existing Noise Element was adopted
by the City Council in 1975; and,
WHEREAS, on December 12, 1988, a public workshop was held to
identify noise issues and concerns in the City; and,
WHEREAS, from September 20, 1989 to October 20, 1989, the
draft Noise Element was made available for public review; and,
WHEREAS, on November 29, 1989, the Planning Commission
conducted a public hearing on the draft Noise Element; and,
WHEREAS, the Draft Noise Element analyzes and quantifies
noise levels and the extent of noise exposure in the community
and establishes policies and programs to minimize the exposure of
community residents to excessive noise; and
WHEREAS, it has been determined that the project will have
no substantial adverse impact on the environment and a Negative
Declaration has been prepared,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The document entitled Noise Element attached
hereto as Exhibit A and incorporated herein by this reference is
hereby adopted and certified as the official Noise Element of the
General Plan for the City of Santa Monica and thus replaces the
Noise Element adopted in 1975.
SECTION 2. The City Council certifies that the
environmental review for the project was conducted in full
compliance with State and City CEQA Guidelines.
SECTION 3. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
________________________
ROBERT M. MYERS
City Attorney