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HomeMy WebLinkAboutNOISE CONTROL ORDIANCEDATE: TO: FROM: SUBJECT: CITY OF NEWPORT BEACH BUILDING'DEPARTAIENT--MEMORANDUM kE G��vn D X< .October 2, 1981 C City Manager GN V I-0 ptP Building Director/ `•,,..\ ��yM1P��F• Noise Insulations Standards Section 1092, Article 4, Chapter I, Title 25 of the California Administrative Code became law on August 22, 1974. This law mandates that local jurisdiction enforce minimum noise insulation performance standards in new hotel, motel, apartment house and dwelling construction. To comply with State requirements, the City of Newport Beach adopted Section 15.04.170 which addresses sound transmission control and noise insulation standards. All residential construction shall reduce noises to 50STC (Sound transmission class) or 50IIC (Impact insulation class) rating where assemblies are laboratory tested and approved or to 45STC and 45IIC when field tested. This noise control applies to party walls and floors, airborne sounds through any openings or penetrations of piping, ducts, electrical devices, recessed cabinets, bathtubs, etc. Where the CNEL (Community noise equivalent levels) contours exceed 60DB (decibels) residential structures, including hotels, etc. require submission of an acoustical analysis report as evid- ence of compliance. As part of the noise element, Figure 15 provides a CNEL contour map generated by vehicles and industry noise sources while Figure 17 addresses airport noise sources and are consulted as part of our plan review process. Aside from local and State regulations regarding sound trans- mission control, there are also Federal regulations prescribed by HUD, however they only apply to Federal housing projects. The Uniform Building Code also addresses the noise issue in Appendix Chapter 35 and U.B.C. Standards 35-1,-2,-3 spell out detailed testing procedures which must be followed to verify performance of various assemblies. I am attaching a copy of the municipal regulations should you desire a more detailed review of the subject. RS:lw Attachments L 15.04.170 Amendment to Section 35 of the Building Code, Sound " Transmission Control Noise/Insulation Standards. Chapter 35 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: "CHAPTER 35 SOUND TRANSMISSION CONTROL( NOISE INSULATION STANDARDS "Sec. 3501 Noise Insulation Standards. "(a) Purpose. The purpose of this Chapter is to establish uniform minimum noise insulation performance standards to protect persons within new residential structures from the effects of excessive noise, including but not limited to, hearing loss or impairment and persistent interference with speech and sleep. "(b) Application and Scope. The provisions of this Chapter relating to noise insulation performance standards apply to new R-1 and R-3 occupancies. "(c) Definitions. The following special definitions shall apply to this Chapter as applicable:-_ .. :. ,. (1) Impact Insulation Class (IIC) - A single number rating for :.. _-- :,:•:•_ : _ .c.._ ceiling -floor construction. that represents the ability of the construction ' to = isolate im act noise --'where measurement procedure is -based on ASTIv1 :u •-- .-,-,• -E492-73T and as deflned,in U.B.C. Standard No, 35-2,•`;;:;;,,;,,;,',,�,;:; _ • = --- :.: r.:.'• '• '; ;,. r ="', " .r -;`;: (2) •Sound Transmission Class (STC) -'A single figure rating for floor -' ceiling and interior wall partition construction that represents thbi e ability of _ the construction to isolate air-b.. orne noise, where measurement procedure is ,. .-• _ _ -,,;,.;,...:•;, based on ASTM Ek-70 of ASTM E366-71 and as"defined'in s , x,, ,. ,• Standard No. 35-1, _ " "(d) Sound Transmission Control Between Dwelling Units. • The ;,;.;•.; ; : = t'•% provisions': bf this section shall - apply only to, apartment .-houses, condominiums, attached single-family dwellings, hotels,"motels and dwellings -, other than detached single-family dwellings. C' (1) Wall and Floor -Ceiling Assemblies. Wall and floor -ceiling assemblies ' separating dwelling units or guest rooms from each other and from public space, such as interior corridors and service areas, shall provide airborne sound insulation for walls, and both airborne and impact sound insulation for floor -ceiling assemblies. (2) Airborne Sound Insulation. All such separating walls and floor -ceiling assemblies shall provide an airborne sound insulation equal .to ' that required to meet a Sound Transmission Class (STC) of 50 (45 if field -• - }:.F:•: " tested) as defined in U.B.C. Standard No. 35-1. Penetrations or openings in construction assemblies for piping, electrical devices, recessed cabinets, bathtubs, soffits, or healing, ventilating ' or exhaust ducts shall be sealed, lined, insulated or otherwise treated to maintain the required ratings. Dwelling unit entrance doors, exterior or from interior corridors, together with their perimeter seals, shall have a Sound Transmission Class (STC) rating of not less than 30 and such perimeter seals shall be maintained in good operating condition. ... _.. . .. .._ _,. _ _ .- , -. .. • (3) Impact Sound Insulation. All separating floor -ceiling assemblies between separate units or guest rooms shall provide impact sound insulation - equal to that required to meet an impact Sound Insulation Class (IIC) of 50 (45 if field tested) as defined in U.B.C. Standard No. 35-2. Floor coverings may be included in the assembly to obtain the required rating, and must be rerained as a permanent part of the assembly and may only be replaced by (Newport aaach 10.15.78) 304-4 BUILDING CODE 15.04.170 C other floor covering that provides the same insulation required above. (4) Tested Assemblies. Field or laboratory tested wall or floor -ceiling designs have an STC or IIC of 50 or more as determined by U.B.C. Standard 35-1, 35-2, or 35-3 may be used without any additional field testing when in the opinion of the Building Officials, the laboratory tested design has not been compromised by flanking paths. Test may be required by the Building Official. (5) Field Testing and Certification. Field testing, when required, shall be done under the supervision of a professional --acoustician who shall be • ."-: • -��`Y= experienced in the field of acoustical testing and engineering, who shall �_.♦ /��Yi .� ter-ate'+._�� ��.. _ ., � = :.=forward_ certified .test- results to '__the Building Official -showing that„the . "minimum sound insulation'requireinents stated above have been met. ::'�s r=' .- " • -; = �= ... ...' .= '"'(6) Airborne Sound Insulation Field Tests.' When required, airborne ..sound insulation shall be determined according to the applicable Field ^''=i; • :-�' = `- • = -Airborne Sound Transmission Loss Test procedures of U.B.C. Standard 35-3. :_"-• •.'. : •.•-., _".' _ .._:: Ali sound transmitted from the source room to the receiving room shall• be •considered to be .transmitted through the test partition. : -: • - '�'` r'"'"` "`''"•''-"'' `-'`:1(7) Impact Sound Insulation Field Test. When required, impact sound insulation shall be determined in accordance with U.B.C. Standard No. 35-2. =" '•-"w'r,, .:' - — `.`(e) Noise Insulation from Exterior Sources. The provisions of this z. -_ =• . section apply to all residential structures. (1) Location and -Orientation. Consistent with land, use standards, residential structures located in noise critical areas, such as proximity to °: '' =':`'; ;'_. = +'• " select system 'of county roads and city streets (as specified in Section 186.4 of the State of California Streets and Highway Code), railroads, rapid transit lines, airports, or industrial areas, shall be designed to prevent the intrusion of exterior noises beyond prescribed levels with all exterior doors and windows in the closed position. Proper design shall include, but shall not be, limited to, orientation of the residential structure, set -backs, shielding, and 'sound insulation of the building itself. ()Interior Noise Levels. Interior community noise equivalent levels � (CNEL) with windows closed attributable to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room. (3) Airport Noise Sound. Residential structures to be located within an annual CNEL contour (as defined . in Title 4, Subchapter 6, California Administrative Code) of 60 require an acoustical analysis showing that the structure has been designed to limit intruding noise to the prescribed allowable levels. CNEL's shall be as determined by the local jurisdiction in accordance with its local general plan. (4) Vehicular and Industrial Noise Sources. Residential buildings or structures to be located within exterior community noise equivalent level contours of 60 dB of an existing or adopted freeway, expressway, major street, thoroughfare, railroad, or rapid transit line shall require an acoustical analysis showing that the proposed building has been designed to limit intruding noise to the allowable interior noise levels prescribed in Section 1098(d) (2). Exception: Railroads where there are no nighttime (10:00 p.m. 304-5 (Newport Beach 10-15-78) 15.04.180-15.04.190 BUILDINGS AND CONSTRUCTION to 7:00 a.m.) railway operations and where daytime (7:00 a.m. to 10:00 p.m.) railway operations do not exceed four per day. "(f) Compliance. (1) Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit. The report shall show topographical relationship of noise sources and . ::•i .`;` ^ -dwelling site, identification of noise sources and their characteristics, "'r' _: =• 7; _ predicted noise- spectra -at the exterior of the proposed dwelling structure - considering prdsent and future land usage, basis for prediction (measured or !:-.;-:-obtained '" 'obtained from _pu_ blished 'data), noise. attenuation measures to be applied, • _.and an analysis .of ,the rioise insulation effectiveness of the proposed • ;= - -•• . construction showing_that.the-prescribed interior.ribise level requirements are met. If interior allowable noise'leveis are met by requiring•that windows ;:: ;,%�; r'•E ,-� -; ; be unopenable or closed,. the design for the structure must also specify the means that, will be employed to provide ventilation and cooling if necessary,.. a rY> _:.. to provide a habitable interior environment. _ ='•- ""-, =• (2) Field Testing. When inspection indicates that the construction is •;,_= not 'in accordance with the approved, design, field testing may be required. == ;,.Interior noise measurement shall be' -taken under .conditions of typical -"'maximum exterior noise level. within legal limits.'A test report showing compliance or noncompliance with prescribed interior allowable levels shall -be submittedto the Building Official." (Ord. 1773 § I (part), •1978). - COMMISSIONERS CITY OF NEWPORT BEACH D�my m➢ m`c .G Z A P V onreii m AUQUSt 1, 1974 MINUTES Item #4 t to consider the adoption of the Noise NOISE Element o Newport Beach General Plan. ELEMENT Initiated by: The Ci Newport Beach CONT. TO AUG. 15 Motion X Planning Commission continued this mat the Ayes X X X X meeting of August 15, 1974. Absent X X X Item #5 Proposal to amend the Newport Beach Municipal Code NOISE by the adoption of a Noise Ordinance. ORDINANCE Initiated by: The City of Newport Beach CONT. TO UG. 15 Motion X Planning Commission continued this matter to the Ayes X X X X meeting of August 15, 1974. Absent X X X Item #6 Request to permit the construction of thirteen USE attached single-family dwellings with related PERMIT parking and landscape areas. 17L9 Location: Lot 83, Tract 6230, located at CONT. TO 2330 Vista del Playa, on the north- SEPT. 5 easterly side of Vista del Playa, westerly of Vista del Oro in "The Bluffs." Zone: R-3-B - P.R.D. Applicant: • H, A Joint Venture, Costa Mesa Owner: The ine Company, Newport Beach Motion X Planning Commission Conti ed this matter to the Ayes X X X X meeting of September 5, 197 at the request of Absent X X X the applicant. Item #7 Request to subdivide 1.11 acres into th teen lots TENTATIVE for attached single-family residential dev opment M P�1 TR}�T and one landscape lot. NO. 8� Location: Lot 83, Tract 6230, located at CONT. TO 2330 Vista del Playa, on the north- T. 5 easterly side of Vista del Playa, Page 6. COMMISSIONERS CITY OF NEWPORT BEACH y�1 rt' y Z n A N m " m MINUTES .c ma m A P ROLL CALL July 18 1974 , INDEX Dave Neish, Planning Administrator with The Irvine Company, appdared before the Commission and voiced concern over the effects of temporary signs, major tenant and village signs, and free-standing signs in village centers. Fred Payne with the Commercial Division of The Irvine Company appeared before the Planning Commis- sion and commented on the problems involved in signing adequate signs for village centers which se a the local communities. He felt that the cont 1 of signs vis1ble from the public right-of- way sh 1d be controlled by the City, however, develope should have complete freedom of signs on the int nal complex of village shopping centers or m Is. Larry Miller, Ne ort-Harbor Chamber of Commerce appeared before the Commission and commented on provisions for specia signing districts. There being no others des' ing to appear and be heard, the public hearing w closed. Planning Commission discussed t effect of the proposed ordinance on existing si s and felt additional information was needed t determine more closely the impact of such an or 'nance on the existing signs. Community Development Director Hogan advise that signing problems generally relate to roof sign temporary signs, and the number of signs, and i may be that the ordinance should be revised as it pertains to those items only. Motion X Following discussion, motion was made to continue Ayes X X X X X X this matter to the meeting of September 5, 1974. Absent I I I IXI Item #9 Request to consider the adoption of the Noise NOISE Element of the Newport Beach General Plan, and the ELEMENT adoption of a Noise Ordinance. N7ND NOISE Initiated by: The City of Newport Beach R�DITANCE Motion X Planning Commission continued this matter to the CONT. TO Ayes X X X X X X meeting of August 1, 1974, due to the lateness AUGU Absent X of the hour. Page 12. of t CITY OF NEWPORT BEACH POLICE DEPARTMENT July 12, 1974 TO: Tim Cowell, Advance Planning Administrator FROM: Chief of Police SUBJECT: NOISE ORDINANCE I have read with interest the proposed noise ordinance which I understand is essentially the same as one adopted by the County of Orange. While I recognize the desirability of im- proving our environment and living conditions in all possible respects I have some misgivings as to this being a suitable vehicle for such improvement. My concerns in the main are those of an operational or practical nature. Under present conditions the Police Department receives practi- cally all complaints relative to excessive noise or annoying noise. Officers are dispatched, contact the complainant and assess the situation in its totality. The hour of the day, the level of noise, the degree of aggravation, and the potential for citizen discomfort are all considered. Admittedly, their evaluation is subjective but subjective evaluations may be more satisfying to a resident who is disturbed by a barking dog or a loud stereo or even a swimming pool pump. Following an officer's evaluation he will ordinarily advise the parties that (a) the level of noise is not in his opinion objec- tionable or (b) it is objectionable and must be stopped under authority of Section 415 of the Penal Code. If the noise con- tinues the officer may arrest. Section 415 reads as follows: 11415. Disturbing the Peace. Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood or person, by loud or unusual noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight, or fighting, or who, on the public streets or any unin- corporated town, or upon the public highways in such unincorpor- ated town, run any horse race, either for a wager or for amuse- ment, or fire any gun or pistol in such unincorporated town, or use any vulgar, profane, or indecent language, within the presence or hearing of women or children, in a loud and boisterous manner is guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction, -shall be punished by fine not exceeding two hundred dollars, or by imprisonment in the county jail for not more than ninety days, or both fine and imprisonment, or either, at the discretion of the Court." To: Tim Cowell, Advance Planning .Administrator July 12, 1974 Page 2 You may note that Section 415 gives sufficient latitude for judgment and does place a burden of discretion on the officer. If the noise ordinance is adopted we will be establishing an objective standard of noise which may preempt the officer's judgment and rob the citizen of immediate relief from the annoyance. Another feature of the ordinance which I question is placing enforcement authority in the County Health Department or the Community Development Department. This is a diversion of res- ponsibility that I find irrational. The Police Department being the recipient of complaints would be referring such complaints to another agency who would be forced to staff and train personnel for a 24-hour seven day a week operation. Further than this, how will we divide the responsibility? Which agency will be given which kind of noise complaints? Nothing in the ordinance suggests that the Police Department would handle any noise violations. ames Glavas Chief of Police Planning Commission Meeting -dTrl rB I`9'T4_ Agenda Item No. I� CITY OF NEWPORT BEACH July 9, 1974 TO: Planning Commission FROM: Community Development Department SUBJ: Noise Ordinance Attached is a revised draft of the proposed noise ordinance. This draft is essentially the same as the version discussed by the Planning Commission at the May 16, 1974 Study Session, with the following revisions: 1. Pg. 2, the definition of "Public Institutional Property" has been expanded to include private schools and libraries. 2. Pg. 7, the requirement that the applicant for a variance pay a seventy-five dollar fee if he appeals the Planning Commission decision to the City Council has been deleted. In addition, several non -substantive revisions to the wording have been made as suggested by the Orange County Health Department in their model noise ordinance. If the Planning Commission desires to recommend a noise ordinance, this ordinance may be recommended to the City Council for adoption as Chapter 10.30 of the Municipal Code. As requested by the Planning Commission, staff has referred the Orange County Model Noise Ordinance to the Police Department. The Police Department's comments will be presented at the meeting. COMMUNITY DEVELOPMENT DEPARTMENT R. V. HOGAN, ,DIRE_(JOR by: iim uoweii Advance Planning Administrator TC:jmb Enc. Noise Ordinance v CHAPTER 10.30 NOISE CONTROL Sec. 10.30.010. Declaration of Policy. In order to control unnecessary, excessive and annoying noises, it is hereby declared to be the policy of the City of Newport Beach to prohibit such noises generated from all sources as specified in this Chapter. It is determined that certain sound levels are detrimental to the public health, welfare and safety, and contrary to public interest; therefore, the City Council does ordain and declare that creating, maintaining, causing or allowing to create, maintain or cause any noise in a manner prohibited by, or not in conformity with, the provisions of this Chapter, is a public nuisance and shall be punishable as such. Sec. 10.30.01.5. Definitions. The following words, phrases and terms as used in this Chapter shall have the meaning as indicated below: AMBIENT NOISE LEVEL shall mean 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. CUMULATIVE PERIOD shall mean an additive period of time com- posed of individual time segments which may be continuous or inter- rupted. DECIBEL (dB) shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio. EMERGENCY MACHINERY, VEHICLE OR WORK shall mean any machinery, vehicle or work used, employed or performed in an effort to protect provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring -1- utility service. FIXED NOISE SOURCE shall mean a stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment. GRADING shall mean any excavating or filling of earth material or any combination thereof conducted to prepare a site for construction or other improvements thereon. IMPACT NOISE shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest. MOBILE NOISE SOURCE shall mean any noise source other than a fixed noise source. NOISE LEVEL shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB(A). PERSON shall mean a person, firm, association, co -partnership, joint venture, corporation or any entity, public or private in nature. PUBLIC INSTITUTIONAL PROPERTY shall mean a parcel of real property which is used for public or private school, library, hospital, or church purposes. RESIDENTIAL PROPERTY shall mean a parcel of real property which is located in a residential zoning district or which is designated for exclusive residential use in the General Plan, any Specific Area Plan, or Planned Community District of the City of Newport Beach. The term "residential property" shall not include 1) residentially - developed parcels or residential units located in commercial, commercial -residential, or industrial zoning districts. SIMPLE TONE NOISE shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. -2- SOUND LEVEL METER shall mean an instrument meeting American National Standard Institute's Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. SOUND PRESSURE LEVEL of a sound, in decibels, shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. Sec. 10.30.020. Noise Level Measurement Criteria. Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 10.30.015. Sec. 10.30.025. Designated Noise Zones. The properties hereinafter described are hereby assigned to the following noise zones: Noise Zone 1: All residential and public institutional properties as defined in Section 10.30.015, in or adjacent to the City of Newport Beach. Sec. 10.30.030. Exterior Noise Standards. (a) The following noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone. NOISE STANDARDS NOISE ZONE NOISE LEVEL TIME PERIOD 1 55 dB(A) 7:00 a.m. - 10:00 p.m. 50 dB(A) 10:00 p.m. - 7:00 a.m. (b) It shall be unlawful for any person at any location within the City of Newport Beach 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 when measured on any property, in a designated noise zone, to exceed: (1) The noise standard for a cumulative period of more than thirty minutes in any hour; or (2) The noise standard plus 5 dB(A) for a cumulative period of more than fifteen minutes in any hour; or -3- (3) The noise standard plus 10 dB(A) for a cumulative period of more than five minutes in any hour; or (4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus 20 dB(A) for any period of time. (c) In the event the ambient noise level exceeds any of the above five noise limit categories, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. Furthermore, the maximum permissible noise level shall never exceed the maximum ambient noise level. (d) Each of the noise limits specified above shall be reduced by 5dB(A) for impact or simple tone noises, or for noises consisting of speech or music. Sec. 10.30.035. Interior Noise Standard. (a) It shall be unlawful for any person at any location within the City of Newport Beach to create any noise, or to allow the creation of any noise on property owned, leased, occupied or other- wise controlled by such person, which causes the noise level when measured within a dwelling unit on any residential property, as defined in Section 10.30.15, during the period 10:00 p.m. to 7:00 a.m. to exceed: (1) 45 dB(A) for a cumulative period of more than 5 minutes in any hour; or (2) 50 dB(A) for a cumulative period of more than 1 minute in any hour; or (3) 55 dB(A) for any period of time. (b) In the event the ambient noise level exceeds any of the above three noise limit categories, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. Furthermore, the maximum permissible noise level shall never exceed the maximum ambient noise level. -4- Sec. 10.30.040. Special Provisions. The following activities shall be exempted from the provisions of this Chapter: (a) School bands, 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 issued by the City of Newport Beach, relative to the staging of such events. (c) Activities conducted on parks, public playgrounds and school grounds provided such parks, playgrounds and school grounds are owned and operated by a public entity. (d) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work. (e) Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday. (f) Noise sources associated with the maintenance of real property used for residential purposes, provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day exceprt-- Sunday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday. (g) Any activity to the extent regulation thereof has been preempted by State or federal law. Sec. 10.30.045. Air Conditioning and Refrigeration; Special Provisions. Until January 19, 1979, the noise standards enumerated in Sections 10.30.030 and 10.30.035 shall be increased 8 dB(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this ordinance. Sec. 10.30.050. Noise Level Measurement. The location selected for measuring exterior noise levels shall be at any point on the affected property. In the case of interior noise measurement, the windows shall be closed and the measurements -5- shall be made at a point at least four (4) feet from the wall, ceiling or floor nearest the noise source. Sec. 10.30.055. Variance Procedure. The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Director of Community Development for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance. and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of seventy-five dollars ($75.00). A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the Director of Community Development shall refer it with his recommendation thereon within thirty (30) days to the Planning Commission for action at either a regularly scheduled or special meeting of the Commission. The applicant and any persons involved in the original complaint of violation shall be notified, in writing, at least ten (10) days prior to the Planning Commission meeting at which the variance request is heard. An applicant for a variance shall remain subject to prosecution under the terms of this ordinance until a variance is granted. The Planning Commission shall evaluate all applications for variance from the requirements of this Chapter and may grant said variances with respect to time for compliance, subject to such terms, conditions, and requirements as it may deem reasonable, to achieve maximum compliance with the provisions of this Chapter. Said terms, conditions, and requirements may include, but shall not be limited to limitations on noise levels and operating hours. Each such variance shall set forth in detail the approved method'of achieving maximum compliance and a time schedule for its accomplishment. In its M determinations the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise; the uses of property within the area of impingement by the noise; the time factors related to study design, financing and construction of remedial work; the economic factors related to age and useful life of equipment; and the general public interest and welfare. Any variance granted shall be by resolution and any violation of the terms of said variance shall be unlawful. Sec. 10.30.060. Appeals. Within twenty-one (21) days following the decision of the Planning Commission on an application, the applicant, other interested party, or any member of the City Council may appeal the decision to the City Council by filing a notice of appeal with the Director of Community Development. Within thirty (30) days following receipt of a notice of appeal the Director of Community Development shall forward to the City Council copies of the application for variance, the notice of appeal, and all evidence concerning said application received by the Planning Commission, and its decision thereon. In addition, any person may file with the City Council, written arguments supporting or attacking said decision and the City Council may in its discretion hear oral arguments thereon. The applicant and any persons involved in the original complaint of violation shall be notified, in writing, at least ten (10) days prior to the meeting at which the appeal is heard. Within sixty (60) days following its receipt of the notice of appeal the City Council shall either affirm, modify or reverse the decision of the Planning Commission. Sec. 10.30.065. Relationship to Other Noise Regulations The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other provisions of law relating to the control of noise. Furthermore, wherever an apparent conflict between these provisions and any other noise regulations exists, the more stringent of the—noi•se regul.ations shall apply. -7- Planning Commission Meeting July 18, 1974 Agenda Item No. 9 CITY OF NEWPORT BEACH July 9, 1974 TO: Planning Commission FROM: Community Development Department SUBJ: Noise Element and acceptance of Environmental Impact Report EIR/NB 74-047. Attached is a draft copy of the Noise Element of the Newport Beach General Plan, and a draft of EIR/NB 74-047 as prepared by staff. This Element is based on the following consultant studies: 1. "Analysis of Highway Traffic Noise in Newport beach, California", Wyle Laboratories, June, 1974. 2. "Orange County Airport Impact Study", Wilsey and Ham, April, 1972. 3. "Studies Related to Jet Aircraft -Originated Noise Levels and the Economic Impact Upon Residential Property Values Associated with the Orange County Airport", Manhinney and Long, and Paul S. Veneklasen and Associates, February, 1973. This is one of the State -mandated General Plan Elements which, by State law, are to be adopted by September 20, 1974. A public hearing on this Element has been set for the July 18, 1974 Planning Commission meeting. Environmental Impact Report EIR/NB 74-047 has been reviewed by the Environmental Affairs Committee and the Committee recommends acceptance. Recommendation Staff recommends that this Element, with revisions as desired, be r TO: Planning Commission - 2 recommended to the City Council for adoption as the Noise Element of the Newport Beach General Plan and that the Planning Commission recommend acceptance of EIR/NB 74-047. COMMUNITY DEVELOPMENT DEPARTMENT R. V. HOGAN, DI -RECTOR/ By T'n o�ll Advance Planr ng Administrator TC:jmb Att.: Noise Element EIR/NB 74-047 0 r CITY OF NEWPORT BEACH NEWPORT BEACH, CALIFORNIA EIR/NB 74-047 ENVIRONMENTAL IMPACT REPORT FOR THE NOISE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN. This E.I.R. has been prepared pursuant to the requirements of the C.E.Q.A. and the guidelines of the City of Newport Beach. It is the intent of this report to explore and evaluate the significant city-wide environmental impacts of the Noise Element of the Newport Beach General Plan. The Noise Element provides a survey of the current noise environment and concludes with a proposed noise control program. It is intended that this Noise Element satisfy the State requirement that local General Plans contain a Noise Element (Section 65302 of the Government Code). SCOPE OF REPORT This "project" is not a development project in the normal sense, but rather a plan for control of noise. As such, there will be no immediate effect on the physical environment of the City. Therefore, this E.I.R. discusses the probable long-term environmental impacts resulting from the adoption and implementation of this Element. DESCRIPTION OF ENVIRONMENTAL SETTING The City of Newport Beach is blessed with a unique geographical setting, located on the Pacific Ocean and containing Newport Bay. NOISE CONTROL OBJECTIVES The proposals contained in the Noise Element are based on the General Plan Policy report adopted by the City Council on March 13, 1972. Following is the policy relating to the Noise Element excerpted from the General Plan Policy report: "The City shall identify and measure the chief sources of noise and air pollutants within the community, and their impact upon the local environment. The City shall also encourage and promote the development of a comprehensive air and noise quality program d to ensure adequate regulations and controls •for the preservation and enhancement of the environment." THE ENVIRONMENTAL IMPACT OF THE PROPOSED ACTION The Noise Element proposes a program of noise control which can only be beneficial to the future environment. ANY ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROPOSAL IS IMPLEMENTED No adverse environmental effects will result from the adoption of this Element. MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACT No mitigation measures can be 'proposed, since there will be no adverse environmental impact. ALTERNATIVES TO THE PROPOSED ACTION One alternative is simply not to adopt a Noise Element. This would be in violation of the State Government Code which requires cities to adopt a Noise Element. A second alternative would be to adopt a Noise Element which does not include proposals for a noise control program. This alternative would result in the adverse impact of uncontrolled noise. RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN'S ENVIRONMENT AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY The Noise Element is a long-range plan for noise control. ANY IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION, SHOULD IT BE IMPLEMENTED No irreversible changes will result. THE GROWTH -INDUCING IMPACT OF THE PROPOSED ACTION No growth -inducing impact will result. SUMMARY The adoption and implementation of the Noise Element will result in no adverse environmental effects. Conversely, the adoption and imple- mentation of this Element will result in envirohmental improvement. COMMISSIONERS CITY OF NEWPORT BEACH n m onu reu m Mav 16. 1974 MINUTES - mvcn Owner: Mariner's Savings & Loan Assoc., Newport Beach f advised that the purpose of this amendment was to ly with the General Plan and the develop- ment propos or the property in question. Public hearing was ope in connection with this matter and there being no o esiring to appear and be heard, the public hearing closed. Motion X Motion was made to recommend to the City Co 1 Ayes X X X X X X that Amendment'No. 432 be approved. Absent X Item #11 Request to consider the adoption of a Noise NOISE Control Ordinance. CONTROL ORD— INUNCE Initiated by: The City of Newport Beach CONT. TO Community Development Director Hogan reviewed the JUUNE 6 staff recommendations with the Commission, i.e., (1) that the ordinance be adopted by the City Council and (2) that the City enter into an agree- ment with the County Health Department for enforce ment of same. Senior Planner Cowell appeared before the Commis- sion and reviewed the proposed ordinance as well as revisions made which differ from that of the County ordinance. Jerry Niesler, Division of Environmental Health, Orange County Health Department, appeared before the Commission to comment on the ordinance as proposed by the City, enforcement problems which may be encountered, and recommended certain changes to the proposed ordinance. Planning Commission and Staff discussed the proposed ordinance at length as well as the various recommended changes and potential effects of same. There was also discussion by the Com- mission as to the need for an ordinance of this type and felt that the matter needed further study and evaluation before any action was taken. Motion X Following discussion, motion was made to continue Ayes X X X X X X this matter to the Study Session on June 6, 1974. Absent X Page 12. AFFIDAVIT OF PUBLICATION NEWPORT HARBOR ENSIGN STATE OF CALIFORNIA. ) ss, County of Orange S I, ..........ARVv....E......H.AAA ................being first............. duly sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, and that the... NOTICE OF PUBLIC HEARING ................ ......................... . .......................................................................................... of which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper, and not in a supplement, .........3......... consecu. tive times: to -wit the Issue(s) of May 2y 1974 ................................... Of ......................................................................................... id public hea the 16th do he hou�Af (SIgned)... '` `'... Z �- t. until Cll$mbl VV Beach City Subscribed and sworn to before me thIs.a..... day of f fnep 9A i �r ........................... 3!sE........... 19..7hr. A and be Ina. Ct�...%�1........................ Not ry Public in and for e Co ty of Orange, State of California. OFFICIAL SEAL , MARY A. HAAPA NI ISG TT YY Notory Pubec-California PRIPiCIPAI, OFFICE IN MY COMMISSION EXP ROES D..CEMBEEa 10 157 In the RESOLUTION NO. 878 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO CONSIDER CERTAIN AMEND- MENTS TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ADOPTION OF A NOISE CONTROL ORDINANCE WHEREAS, the Planning Commission of the City of Newport Beach believes that certain amendments to Title 20 of the Newport Beach Municipal Code pertaining to adoption of a noise control ordinance are desirable; and WHEREAS, Sections 20.54.020 and 20.54.030 of said Municipal, Code provide that amendments to Title 20 thereof may be initiated by a Resolution of Intention of the Planning Commission, and, if so initiated, the Planning Commission shall hold at least one public hearing thereof and give notice thereof by publication; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission intends to consider the proposed amendments to Title 20 at a public hearing to be held on the 16th day of May, 1974, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California. BE IT FURTHER RESOLVED that the Secretary of the Newport Beach Planning Commission is hereby directed to pub- lish notice of said hearing in accordance with the requirements of Section 20.54.030 of the Municipal Code. Regularly passed and adopted by the Planning Com- mission of the City of Newport Beach, State of California, on the 18th day of April, 1974. AYES: Agee, Beckley, Hazewinkel, Heather, Parker, Rosener, Seely NOES: None ABSENT: None ' L 4 DRB/bc 4/30/74 L Planning Commission Meeting May 16, 1974 Agenda Item Number 11 CITY OF NEWPORT BEACH May 8, 1974 TO: Planning Commission FROM: Department of Community Development SUBJ: Noise Control Ordinance Attached is a draft of the proposed Noise Control Ordinance, which is based on the Orange County Noise Control Ordinance, as dis- cussed at the April 18, 1974 Planning Commission Study Session. Staff would suggest that this Ordinance be added as a new Chapter (Chapter 10.30) to Title 10 of the Municipal Code. This title of the Municipal Code .currently contains two chapters which deal with noise control. While some of these current provisions may appear to be in conflict,or redundant, they do apply more generally throughout the City and appear to be aimed more at nuisance control of one-time events; the proposed Noise Control Ordinance will apply only to noise as it impacts individual properties and is aimed more at control of continuing noise sources. Section 10.30.060 covers potential conflicts by providing that, in case of conflict, the more stringent regulation shall apply, As previously discussed, this Noise Control Ordinance should be considered as one part of a two-part local noise regulation program, which would consist of: 1. Regulation of noise at its source (Noise Control Ordinance), 2. Regulation of noise impacts through special design and construction requirements for residential developments in noise -impacted areas (sound insulation, setbacks, berms and barriers), based on the Noise Element and state requirements. TO: Planning Commission - 2 Revisions to County Ordinance The major differences between the County Ordinance and the draft of the City Ordinance are as follows: 1. The definition of "residential property" has been changed to include all property in residential zoning districts or designated for exclusive residential use in the General Plan, any Specific Area Plan, or Planned Community District. As discussed at the April 18, 1974 Study Session, this change will resolve the potential problem of a commercial use being established adjacent to a vacant residential site and creating a noise level in excess of the standards which only becomes illegal after the residential site is developed and occupied. Also, this change resolves the potential problem of applying the same, relatively stringent, noise standards to dwelling units in mixed commercial and residential areas. 2. Schools, hospitals, and churches have been included in Noise Zone 1, which results in these public institutional uses being given the same protection as residential •properties. 3. The variance procedure has been changed. The County Ordinance calls for the creation of a Noise Variance Board to hear applications for a variance, while the draft of the Newport Beach Ordinance provides that variance requests will be heard by the Planning Commission, with appeal to the Council. Staff feels that the small number of variance applications that are anticipated would be insufficient to justify creation of a separate variance board. Enforcement In considering the two alternative means of enforcing this ordinance, use of City staff o.r contracting with the County Health Department, staff is of the opinion that the City should, at least initially, utilize the Health Department's enforcement services. TO: Planning Commission - 3 Although the City has in its possession a basic sound level meter (in the Police Department) which could be utilized for noise measurement, it appears that the cost in terms of personnel time would exceed the cost of the County contract. In discussions with the Health Department staff, it was estimated that the noise measurement, recording, and analysis required for each complaint would involve 10 to 12 hours of City staff time. If we assume an average of two complaints per month, or 24 complaints per year, a total of from 240 to 288 hours of staff time per year would result. Assuming a cost to the City of $12.00 per hour (including overhead) would result in a total annual cost of from $2,880 to $3,456. Added to this would be additional costs for court appearances when required. Also, there is the question of training a staff member to conduct noise measure- ment, recording, and analysis so that his findings would stand up in court as an "expert witness". This may result in an additional cost to the City. The Health Department has indicated that they would be willing to contract with the City for noise ordinance enforcement for $2,200 per year. They are in the process of acquiring an automated noise measurement vehicle which will provide rapid and efficient noise measurement, recording, and analysis. The Health Department will be able to provide testimony, at no additional expense to the City, for those cases which go to court, which will be recognized by the court as "expert witness" testimony. The quality of the noise measurement, recording and analysis function and the reputation of the expert witness is a critical aspect of noise ordinance enforcement. If, after the first year's experience with County Health Department enforcement, it becomes apparent that City staff enforcement would be more economical, the City could choose to not renew the contract. Recommended Action Staff suggests that the Planning Commission take the following TO: Planning Commission - 4 actions: 1. Recommend, by resolution, the adoption of the Noise Control Ordinance (with any revisions desired) by the City Council. 2. Recommend that the City Council authorize the execution of an agreement with the County Health Department for enforcement of this Ordinance for a one-year period. COMMUNITY DEVELOPMENT DEPARTMENT R. V. HOGAN, DIRECTOR/) M SeniiRrPl anner TC:jmb Att. Draft of the Proposed Noise Control Ordinance. CHAPTER 10.30 NOISE CONTROL Sec. 10.30.010. Declaration of Policy. In order to control unnecessary, excessive and annoying sounds, it is hereby declared to be the policy of the City of Newport Beach to prohibit such sounds generated from all sources as specified in this Chapter. It is determined that certain sound levels are detrimental to the public health, welfare and safety, and contrary to public interest. Sec. 10.30.015. Definitions. The following words, phrases and terms as used in this Chapter shall have the meaning as indicated below: AMBIENT NOISE LEVEL shall mean 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. CUMULATIVE PERIOD shall mean an additive period of time com- posed of individual time segment's which may be continuous or inter- rupted. DECIBEL (dB) shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: the number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio. EMERGENCY MACHINERY, VEHICLE OR WORK shall mean any machinery, vehicle or work used, employed or performed in an effort to protect provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. FIXED NOISE SOURCE shall mean a stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment. IMPACT NOISE shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest. MOBILE NOISE SOURCE shall mean any noise source other than a fixed noise source. NOISE LEVEL shall"mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dB(A). PERSON shall mean a person, firm, association, co -partnership, joint venture, corporation or any entity, public or private in nature. RESIDENTIAL PROPERTY shall mean a parcel of real property which is located in a residential zoning district or which is designated for exclusive residential use in the General Plan, any Specific Area Plan, or Planned Community District of the City of Newport Beach. The term "residential property" shall not include 1) residentially - developed parcels or residential units located in commercial, commercial -residential, or industrial zoning districts. PUBLIC INSTITUTIONAL PROPERTY shall mean a parcel of real property which is used for public school,, hospital, or church purposes. SIMPLE TONE NOISE shall mean a noise characterized, by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. SOUND LEVEL METER shall mean an instrument meeting American National Standard Institute's Standard SL 4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. SOUND PRESSURE LEVEL of a sound, in decibels, shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. -2- Sec. 10.30.020, Noise Level Measurement Criteria. Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 10.30.015. Sec. 10.30.025. Designated Noise Zones. The residential properties hereinafter described are hereby assigned to the following noise zones. Noise Zone 1: All residential and public institutional properties as defined in Section 10.30.015, in the City of Newport Beach. Sec. 10.30.025. Exterior Noise Standards. (a) The following noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone. NOISE STANDARDS NOISE ZONE NOISE LEVEL TIME PERIOD 1 55 dB(A) 7:00 a.m. - 10:00 p.m. 50 dB(A) 10:00 p.m. - 7:00 a.m. (b) It shall be unlawful for any person at any location within the City of Newport Beach to, create any noise, or to allow the creation of any noise on property owned or controlled by such person, which causes the noise level when measured on any property, in a designated noise zone, to exceed: (1) The noise standard for a cumulative period of more than thirty minutes in any hour; or (2) The noise standard plus 5 dB(A) for a cumulative period of more than fifteen minutes in any hour; or (3) The noise standard plus 10 dB(A) for a cumulative period of more than five minutes in any hour; or (4) The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus 20 dB(A) for any period of time. (c) In the event the ambient noise level exceeds any of the above five noise limit categories, the cumulative period applicable to ME said category shall be increased to reflect said ambient noise level. Furthermore, the -maximum permissible noise level shall never exceed the maximum ambient noise level. (d) Each of the noise limits specified above shall be reduced by 5 dB(A) for impact or simple tone noises, or for noises consisting of speech or music. Sec. 10.30.030. Interior Noise Standard. (a) It shall be unlawful for any person at any location within the City of Newport Beach to create any noise, or to allow the creation of any noise on property owned or controlled by such person, which causes the noise level when measured within a dwelling unit on any residential property, as defined in Section 10.30.15, during the period 10:00 p.m. to 7:00 a.m. to exceed: (1) 45 dB(A) for a cumulative period of more than 5 minutes in any hour; or (2) 50 dB(A) for a cumulative period of more than 1 minute in any hour; or (3) 55 dB(A) for any period of time. (b) In the event the ambient noises level exceeds any of the above three noise limit categories, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. Furthermore, the maximum permissible noise level shall never exceed the maximum ambient noise level. Sec. 10.30.035. Special Provisions. The following activities shall be exempted from the provisions of this Chapter: (a) School bands, 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 issued by the City of Newport Beach. (c) Activities conducted on parks, public playgrounds and school grounds provided such parks, playgrounds and school grounds are owned and operated by a public entity. -4- (d) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work. (e) Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday. (f) Noise sources associated with the maintenance of real property used for residential purposes, provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day except Sunday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday. (g) Any activity to the extent regulation thereof has been preempted by State or federal law. Sec. 10.30.035. Air Conditioning and Refrigeration; Special Provisions. During the five-year period following the effective date of this ordinance, the noise standards enumerated in Sections 10.30.025 and 10.30.030 shall be increased 8 dB(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this ordinance. Sec. 10.30.040. Noise Level Measurement. The location selected for measuring exterior noise levels shall be at any point on the affected residential property. In the case of interior noise measurement, the windows shall be closed and the measurements shall be made at a point at Peast four (4) feet from the wall, ceiling or floor nearest the noise source. Sec. 10.30.045. Variance Procedure. The owner or operator of a noise source which violates any of the provisions of this Chapter may file an application with the Director of Community Development for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, -5- and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of seventy-five dollars ($75.00). A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the Director of Community Development shall refer it with his recommendation thereon within thirty (30) days to the Planning Commission for action at either a regularly scheduled or special meeting of the Commission. The applicant and any persons involved in the original complaint of violation shall be notified, in writing, at least ten (10) days prior to the Planning Commission meeting at which the variance request is heard. An applicant for a variance shall remain subject to prosecution under the terms of this ordinance until a variance is granted. The Planning Commission shall evaluate all applications for variance from the requirements of this Chapter and may grant said variances with respect to time for compliance, subject to such terms, conditions, and requirements as it may deem reasonable, to achieve maximum compliance with the provisions of this Chapter. Said terms, conditions, and requirements may include, but shall not be limited to limitations on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations the Planning Commission shall consider the magnitude of nuisance caused by the offensive noise; the uses of property within the area of impingement by the noise; the time factors related to study design, financing and construction of remedial work; the economic factors related to age and useful life of equipment; and the general public interest and welfare. Any variance granted shall be by reso- lution and any violation of the terms of said variance shall be unlawful. Sec. 10.30.050. Appeals. Within twenty-one (21) days following the decision of the Planning Commission on an application, the applicant, other interested party, or any member of the City Council may appeal the decision to the City Council by filing a notice of appeal with the Director of Community Development. If the appeal is made by the applicant, the notice of appeal shall be accompanied by a fee of seventy-five dollars ($75.00). Within thirty (30) days following receipt of a notice of appeal the Director of Community Development shall forward to the City Council copies of the application for variance, the notice of appeal, and all evidence concerning said application received by the Planning Commission, and its decision thereon. In addition, any person may file with the City Council, written arguments supporting or attacking said decision and the City Council may in its discretion hear oral arguments thereon. The applicant and any persons involved in the original complaint of violation shall be notified, in writing, at least ten (10) days prior to the meeting at which the appeal is heard. Within sixty (60) days following its receipt of the notice of appeal the City Council shall either affirm, modify or reverse the decision of the Planning Commission. Sec. 10.30.055. Relationship to Other Noise Regulations The provisions of this Chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other provisions of law relating to the control of noise. Furthermore, wherever an apparent conflict between these provisions and any other noise regulations exists, the more stringent of the noise regulations shall apply. -7- NOTICE OF PUBLIC HEARING Notice is hereby given that.the Planning Commission of the City of Newport Beach will hold a public hearing to consider the adoption of a Noise Control Ordinance. Notice is hereby further given that said public hearing will be held on the 16th day of May, 1974, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, at which time and place any and all .persons interested may appear and be heard thereon. Joseph Rosener, Jr., Secretary Newport Beach City Planning Commission Publication Date Received for Pub. By TE/Cowell/imb (4-29-74) NOTICE OF PUBLIC HEARING Notice is hereby given that.,the,Planning Commission of the City of Newport Beach will hold a public hearing to consider the adoption of a Noise Control Ordinance. Notice is hereby further given that said public hearing will` be held on the 16th day of May, 1974, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, at which time and place any and all persons interested may appear and be heard thereon. Joseph Rosener, Jr., Secretary Newport Beach City Planning Commission Publication Date 6 ;2-2-/ By Received for. TE/Cowell/jmb (4-29-74) NOTICE OF PUBL.IC HEARING Notice is hereby given„tha.t„the,Planning Commission of the City of Newport Beach will hold a public hearing to consider the adoption of a Noise Control Ordinance. Notice is hereby further given that said public hearing will be held on the 16th day of May, 1974, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, at which time and place any and all persons interested may appear and be heard thereon. Joseph Rosener, J,r., Secretary Newport Beach City - Planning Commission Publication Date Received for Pub. M TE/Cowell/jmb (4-29-74)