HomeMy WebLinkAbout12 - Call for Review of Newport Dunes Resort Conditional Use Permit Located at 1131 Back Bay Drive (PA2015-084)��WPaRT CITY OF
O �
_ z NEWPORT BEACH
Cq</ Fp P
City Council Staff Report
May 10, 2016
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY: Patrick J. Alford, Planning Program Manager
palford(a)_newportbeachca.gov
PHONE: 949-644-3235
TITLE: Call for Review of Planning Commission Approval of Newport
Dunes Resort Conditional Use Permit Located at 1131 Back Bay
Drive (PA2015-084)
ABSTRACT:
Council Member Duffield filed a call for review of the Planning Commission's approval of
Conditional Use Permit UP2015-021. The conditional use permit would allow the
Newport Dunes Resort to conduct certain events without special event permits, while
also setting restrictions on all events and establishing a noise level monitoring and
mitigation program.
RECOMMENDATION:
a) Conduct a de novo public hearing;
b) Find that project is categorically exempt pursuant to Title 14 of the California Code of
Regulations (Section 15323, Article 19 of Chapter 3, Guidelines for Implementation
of the California Environmental Quality Act) under Class 23 (Normal Operations of
Facilities for Public Gatherings); and
c) Adopt Resolution No. 2016-60, A Resolution of the City Council of the City of
Newport Beach, California, Upholding and Modifying, In Part, the Planning
Commission's Approval of Conditional Use Permit No. UP2015-021 to Allow a
Specified Number of Special Events at the Newport Dunes Resort and Marina
(Attachment A).
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
12-1
Call for Review of Planning Commission Approval of Newport Dunes Resort Conditional
Use Permit Located at 1131 Back Bay Drive (PA2015-084)
May 10, 2016
Page 2
DISCUSSION:
Project Setting
The Newport Dunes Resort and Marina are located on approximately 100 acres of State
tidelands property on the Upper Newport Bay held in trust by the County of Orange and
leased to the applicant. The site is an aquatic park intended for recreational and visitor -
serving uses. The site has a 406 -space recreational vehicle park, a 450 -slip marina,
restaurant, dry boat storage, boat launching facilities, surface parking, and beach day
use facilities (see Attachment B).
Background
The Newport Dunes Resort applied for a conditional use permit (CUP) that would allow
a specified number, time duration, and size of outdoor special event permits per year,
subject to compliance with various conditions of approval. On February 3, 2016, the
Planning Commission held a public hearing (Attachment C) on the proposed project,
and the Planning Commission's discussion primarily focused on the noise mitigation
report, the current and proposed number of events annually, and when noise monitoring
by the City should be required.
12-2
Call for Review of Planning Commission Approval of Newport Dunes Resort Conditional
Use Permit Located at 1131 Back Bay Drive (PA2015-084)
May 10, 2016
Page 3
Thirteen members of the public commented on the proposed project. These included
adjacent residents who raised concerns about noise and traffic generated by events,
and others who expressed support for the various community events conducted on the
project site (see Attachment D).
The Planning Commission voted unanimously (5-0), with one recusal and one absent to
approve the proposed project and described more fully in the following section (see
Attachment E).
Planning Commission CUP Approval
The Planning Commission's approval allows the applicant to conduct up to 500 smaller -
scale events per year without obtaining a special event permit' for each event and up to
14 larger -scale events per year with the approval of a special event permit. The CUP
establishes four (4) levels of events: Level 1A, Level 1B, Level 2, and Level 3. These
levels are determined by the event's time duration and attendance size and whether or
not it involves road closures or City services (see Table 1).
Chapter 11.03 (Special Events) of the Newport Beach Municipal Code requires a special event permit
approved by the Recreation and Senior Services Director for events, such as concerts, sporting events,
festivals and fairs, vehicle and boat shows, and firework displays.
12-3
TABLE 1
EVENT LEVELS AND REQUIREMENTS
Level 1 A I Level 1B
Level 2
Level 3
Maximum Duration Das
1
1-4
4+
Maximum Attendance
<500 1 500-999
1000-5000
5000+
Occurs in public right-of-way?
No
Yes
N/A
Involves road/travel land
closures?
No
No
Yes
Requires traffic control?
No
No
Yes
City personnel required?
No
Limited
Yes
Required noise monitoring by
City consultant?
No
No
Yes
1. Duration includes setup and breakdown time.
2. Attendance is the estimated total number of attendees over the course of the event.
Chapter 11.03 (Special Events) of the Newport Beach Municipal Code requires a special event permit
approved by the Recreation and Senior Services Director for events, such as concerts, sporting events,
festivals and fairs, vehicle and boat shows, and firework displays.
12-3
Call for Review of Planning Commission Approval of Newport Dunes Resort Conditional
Use Permit Located at 1131 Back Bay Drive (PA2015-084)
May 10, 2016
Page 4
The CUP also limits Level 1A and Level 1B on a monthly basis as follows:
The Planning Commission's approval also included the following conditions of approval:
• Amplified Sound/Event Curfew. The use of amplified sound would not begin
before 7:00 a.m. on weekdays and Saturdays and 8:00 a.m. on Sundays and
federal holidays. The use of amplified sound and events would have the following
schedule:
TABLE 3
TABLE 2
MAXIMUM NO. OF EVENTS PERMITTED PER MONTH
EVENTS
JAN - APR MAY - OCT NOV DEC
TOTALS
Level 1A
20/month 35/month 20/month 35/month
345
Level 1 B
10/month 15/month 10/month 15/month
155
Level 2 or 3
14/year
14
GRAND TOTAL:
NMUSD recesses
514
The Planning Commission's approval also included the following conditions of approval:
• Amplified Sound/Event Curfew. The use of amplified sound would not begin
before 7:00 a.m. on weekdays and Saturdays and 8:00 a.m. on Sundays and
federal holidays. The use of amplified sound and events would have the following
schedule:
TABLE 3
Proposed Event Time Restrictions
Latest
Latest
Dates
Amplified
Event End
Sound
Time'
End Time
Sunday through Thursday, except on NMUSD holidays and during
9:00 P.M.
NMUSD recesses
Weekdays and Weekends on NMUSD holidays and during
10:00 P.M.
NMUSD recesses
Independence Day (July 4)
10:30 p.m.
11:00 P.M.
Marine Corps Birthday (November 10)
11:15 p.m.
11:30 p.m.
12:30 a.m.
1:15 a.m. on
New Year's Eve (December 31)
on New
New Year's
Year's Day
Day
1. The event end time shall mean the time when the event activities have ceased and all
attendees have exited the site. The event end time does not include post -event clean-up
and breakdown.
• Professional Sound Monitoring and Reporting. The applicant would be required
to reimburse the City for costs and expenses associated with providing a
professional sound monitor on-site for Level 2 and Level 3 events.
• Sound Level Monitoring and Mitigation. The use of amplified sound would be
required to comply with the Noise Mitigation Protocol (see Exhibit B of
Attachment A) to ensure that sound generated by the event does not exceed the
noise standards of NBMC Chapter 10.26 (Community Noise Control).
12-4
Call for Review of Planning Commission Approval of Newport Dunes Resort Conditional
Use Permit Located at 1131 Back Bay Drive (PA2015-084)
May 10, 2016
Page 5
Call for Review
On February 17, 2016, Council Member Duffield filed a call for review of the Planning
Commission's approval of Conditional Use Permit UP2015-021 for the purpose of
bringing the matter in front of the City Council for review (Attachment F).
Pursuant to Municipal Code Section 20.64.030.C.3 (Conduct of Hearing), a public
hearing on an appeal is conducted "de novo," meaning that it is a new hearing and the
prior Planning Commission approval of the project has no force or effect. The City
Council is also not bound by the Commission's prior decision.
Subseauent Activities
Subsequent to the call for review filing, representatives of Dover Shores met with staff
and raised concerns with the proposed noise mitigation protocol as well as the total
number of events allowed on the property. Both of these concerns are addressed
below.
March Sound Test of Noise Mitigation Program
In response to the concerns of the Dover Shores Homeowners Association, the
applicant agreed to conduct an additional sound test in the evening which would employ
the Noise Mitigation Protocol. On March 16, 2016, the applicant engaged a live band to
perform from 6 to 9 p.m. on the beach near Pavilion D (see Attachment G). Key
components of the Noise Mitigation Protocol employed during this event included:
• The use of sound attenuation walls, consisting of special acoustic plastic and
heavy velour theatrical curtains.
• The use of sound equipment certified by the City's noise control consultant as
acoustically suitable for the Newport Dunes Resort sound environment.
• Maximum venue sound levels, consistent with the Newport Beach Municipal
Code.
The City's noise control consultant monitored sound levels at the event on-site and at
Dover Shores. From the Dover Shores neighborhood, music from the event was not
perceptible by the consultant or City staff. City staff spoke to Dover Shores residents
during the event and they stated that they also did not hear the music.
12-5
Call for Review of Planning Commission Approval of Newport Dunes Resort Conditional
Use Permit Located at 1131 Back Bay Drive (PA2015-084)
May 10, 2016
Page 6
Number of Level 1 Events
The Dover Shores representatives also recommended that Level 1 events reflect
current operations initially, and then allow increases if the applicant is in compliance
with CUP conditions and other Municipal Code requirements.
To that end, the applicant has agreed to reduce the number of Level 1 events during the
first year of the CUP from 500 to 250 (see Table 4). In the second year of operation, the
number of Level 1 events would increase to the Planning Commission's approval of 500
events. See Condition No. 4 in the draft resolution (Attachment A).
Table 4
Maximum Number of Level 1 Events Permitted
As of the Effective
As of the Effective
Date
Date + 1 Year
Max. Level 1 Events Per Month
EVENT LEVEL
May
May —
Jan. —
October
Jan. —
October
April and
and
April and
and
November
December
November
December
Level 1A (1-499 persons)
10
18
20
35
Level 1B (500-999 persons)
5
7
10
15
MAXIMUM LEVEL 1 EVENTS
PERMITTED EACH YEAR
250
500
The maximum number of Level 1A events may be increased with a corresponding
reduction in the maximum number of Level 1 B events.
It should be noted that the Municipal Code does not set a limit on the number of special
events that can be conducted at a particular location. Furthermore, the Settlement
Agreement2 does not set a limit on the number of events that can be conducted at the
Newport Dunes Resort. For purposes of comparison, the City received 155 permit
applications for special events at the Newport Dunes Resort in 2015. Charts detailing
2014 and 2015 event data are provided in Attachment H.
2 In 1983, the City, the County of Orange, and Newport Dunes, Inc. (predecessor to Waterfront Resort
Properties, L.P. and Newport Dunes Marina L.L.C.) signed a settlement agreement to resolve
jurisdictional and entitlement disputes relating to the development of the Newport Dunes Resort. The
Settlement Agreement (last amended in 2012) establishes land use and development entitlements at the
Newport Dunes Resort.
12-6
Call for Review of Planning Commission Approval of Newport Dunes Resort Conditional
Use Permit Located at 1131 Back Bay Drive (PA2015-084)
May 10, 2016
Page 7
Other Conditions of Approval
The applicant has also agreed to one-year review of the CUP by the Planning
Commission. The purpose of the review would be to review the applicant's compliance
with the CUP conditions, including the Noise Mitigation Protocol. This review is
contained in Condition No. 21 in the draft resolution.
In addition, the applicant has agreed to have the professional sound monitor present at
all events involving amplified sound (see Condition No. 11 in the draft resolution). This
sound monitor would be under contract to the City, but the applicant would be
responsible for all the costs of service.
Conclusion and Recommendation
The applicant's modified proposal is intended to address the Dover Shores community
concerns. Therefore, staff recommends that the City Council uphold and modify the
Planning Commission's approval of Conditional Use Permit No. UP2015-021 with the
findings and conditions contained in the attached resolution (Attachment A).
Alternatives
The City Council may also affirm and uphold the Planning Commission's decision
without modification or reverse the Planning Commission's decision and deny the
Conditional Use Permit. Should the City Council choose to do so, staff will return with a
revised resolution incorporating new findings and/or conditions.
ENVIRONMENTAL REVIEW:
The project is categorically exempt pursuant to Title 14 of the California Code of
Regulations (Section 15323, Article 19 of Chapter 3, Guidelines for Implementation of
the California Environmental Quality Act) under Class 23 (Normal Operations of
Facilities for Public Gatherings). The Class 23 exemption consists of the normal
operations of existing facilities for public gatherings for which the facilities were
designed, where there is a past history of the facility being used for the same or similar
kind of purpose. Facilities included within this exemption include, but are not limited to,
racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums,
swimming pools, and amusement parks.
The project site is an aquatic park with facilities for public gatherings including, meeting
rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms. The
project site has a past history as a venue for public gatherings, including festivals,
concerts, weddings, parties, and other public and private events. Over the past four
years, the project site has been a venue for 94 to 158 events annually and there is a
12-7
Call for Review of Planning Commission Approval of Newport Dunes Resort Conditional
Use Permit Located at 1131 Back Bay Drive (PA2015-084)
May 10, 2016
Page 8
reasonable expectation that, under the terms of the conditional use permit, the future
occurrence of these events would not represent a change in the operation of the facility.
NOTICING:
Notice of this appeal hearing was published in the Daily Pilot, mailed to property owners
within 300 feet of the property and posted at the site a minimum of 10 days in advance
of this hearing consistent with the Municipal Code. Additionally, the item appeared upon
the agenda for this meeting, which was posted at City Hall and on the City website.
ATTACHMENTS:
Attachment A —
Resolution
Attachment B —
Newport Dunes Resort Site Plan
Attachment C
— February 3, 2016 Planning Commission Staff Report
Attachment D
— February 3, 2016 Planning Commission Minutes
Attachment E —
Planning Commission Resolution
Attachment F —
Call for Review Form
Attachment G
— March 16, 2016 Sound Test Photos
Attachment H
— 2014 and 2015 NDR Events
12-8
Attachment A
Draft Resolution
12-9
RESOLUTION NO. 2016-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, UPHOLDING AND
MODIFYING, IN PART, THE PLANNING COMMISSION'S
APPROVAL OF CONDITIONAL USE PERMIT NO. UP2015-021
TO ALLOW A SPECIFIED NUMBER OF SPECIAL EVENTS AT
THE NEWPORT DUNES RESORT AND MARINA
WHEREAS, an application was filed by Newport Dunes Resort and Marina, with respect
to property located at 1131 Back Bay Drive and 101 Bayside Drive, and legally described as
Record of Survey RS_095_39-43, requesting approval of a conditional use permit to allow a
specified number of special events at the subject property;
WHEREAS, on February 3, 2016, the Planning Commission of the City of Newport held
a public hearing in the Council Chambers located at 100 Civic Center Drive, Newport Beach to
consider Conditional Use Permit UP2015-021. A notice of time, place and purpose of the
public hearing was given in accordance with the Newport Beach Municipal Code ("NBMC").
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing. At the conclusion of the public hearing, the Planning
Commission adopted Resolution No. 2009 approving Conditional Use Permit UP2015-021;
WHEREAS, on February 17, 2016, Council Member Duffy Duffield filed with the City
Clerk a call for review of the Planning Commission's approval of Conditional Use Permit
UP2015-021 on forms provided by the City Clerk;
WHEREAS, on May 10, 2016, the City Council held a public hearing in the City Council
Chambers located at 100 Civic Center Drive, Newport Beach to consider the call for review. A
notice of time, place and purpose of the public hearing was given in accordance with the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council at this
public hearing; and
WHEREAS, pursuant to NBMC Section 20.64.030(C)(3), the public hearing held by the
City Council was conducted "de novo," meaning the public hearing was new and the decision
being appealed had no force or effect as of the date the appeal was filed.
NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
SECTION 1: In accordance with Section 20.52.020(F) of the Newport Beach Municipal
Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan,-
Facts
lan,
Facts in Support of Finding:
12-10
City Council Resolution No. 2016-_
Paae 2 of 4
Al. The PR (Parks and Recreation) designation applies to land used or proposed for
active public or private recreational use. The project site is an aquatic park and serves
as a venue for festivals, concerts, weddings, parties, and other public and private
events. The use of park and recreational facilities for occasional use as venue is
consistent with the PR designation.
A2. The project site is not located within a Specific Plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding:
B1. The PC Zoning District is intended to provide for areas appropriate for the
development of coordinated, comprehensive projects that result in a superior
environment; to allow diversification of land uses as they relate to each other in a
physical and environmental arrangement while maintaining the spirit and intent of the
Zoning Code.
B2. The project site has been used as a venue for public and private gatherings with the
approval of special event permits prior to the establishment of the PC Zoning District
on the project site in 1996.
B3. The project includes conditions of approval to ensure that special events continue to
be incidental and secondary to the principal use of an aquatic park.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity;
Facts in Support of Finding:
Cl. The project site is a 100 -acre aquatic park with facilities for public and private
gatherings including, meeting rooms, pavilions, cabanas, tables and benches, picnic
areas, and restrooms.
C2. The project site contains over 800 parking spaces in the Day Use Parking Lot and 654
parking spaces in the Marina/Overflow Parking Lot, which has been sufficient to
accommodate the largest events.
C3. The project site maintains adequate access from Back Bay Drive via a four (4) lane
access drive.
12-11
City Council Resolution No. 2016-_
Paae 3 of 4
C4. The project is conditioned to implement the Newport Dunes Noise Mitigation Report
and Noise Mitigation Protocol, which establishes noise control protocols for all events
that involve the use of amplified sound, including from portable sound amplification or
music producing devices, to ensure that noise generated by events do not exceed the
City noise standards.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities; and
Facts in Support of Finding:
D1. The project site is an aquatic park with facilities for public gatherings including,
meeting rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms.
The project site has a past history as a venue for public gatherings, including festivals,
concerts, weddings, parties, and other public and private events.
D2. Adequate public and emergency vehicle access, public services, and utilities are
provided to the project site.
D3. The Public Works Department, Building Division, and Fire Department have reviewed
the project and provided conditions of approval so as to maintain adequate access,
public services, and utilities to the existing development.
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use.
Facts in Support of Findina:
E1. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible.
E2. Level 1 events are routine, one -day events that do not require the presence of City
personnel or traffic control plans, which, under the terms of this permit, will not
endanger, jeopardize, or otherwise constitute a hazard to the public convenience,
health, interest, safety, or general welfare of persons residing or working in the
neighborhood.
E3. Level 2 and 3 events will continue to be required to apply for a special event permits
pursuant to Chapter 11.03 (Special Events) of the Newport Beach Municipal Code.
Such applications will be reviewed the Recreation and Senior Services Department
and other City departments to determine reasonable terms and requirements
necessary for the protection of persons and property.
12-12
City Council Resolution No. 2016-_
Paae 4 of 4
SECTION 2: The City Council of the City of Newport Beach hereby upholds and
modifies, in part, the decision of the Planning Commission to approve Conditional Use Permit
UP2015-021, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
SECTION 3: This project has been determined to be categorically exempt pursuant to
Title 14 of the California Code of Regulations (Section 15323, Article 19 of Chapter 3,
Guidelines for Implementation of the California Environmental Quality Act) under Class 23
(Normal Operations of Facilities for Public Gatherings). The Class 23 exemption consists of the
normal operations of existing facilities for public gatherings for which the facilities were
designed, where there is a past history of the facility being used for the same or similar kind of
purpose. Facilities included within this exemption include, but are not limited to, racetracks,
stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and
amusement parks.
SECTION 4: Pursuant to NBMC Section 20.64.030, this resolution supersedes and
repeals Planning Commission Resolution No. 2009.
SECTION 5: The recitals provided above are true and correct and incorporated into the
operative part of this resolution.
SECTION 6: If any section, subsection, sentence, clause or phrase of this resolution is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this resolution. The City Council hereby declares
that it would have passed this resolution, and each section, subsection, sentence, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid or unconstitutional.
SECTION 7: This resolution shall take effect immediately upon its adoption by the City
Council and the City Clerk shall certify the vote adopting the resolution.
ADOPTED THIS 10TH DAY OF MAY, 2016.
Diane B. Dixon, Mayor
ATTEST:
Leilani I. Brown, City Clerk
Attachments:
Exhibit A: Conditions of Approval
Exhibit B: Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol
12-13
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. Expiration and Extension. Use Permit No. UP2015-021 shall expire unless
exercised within 24 months from the date of approval as specified in Section
20.91.050 of the Newport Beach Municipal Code (NBMC), or any successor
statute, unless an extension is otherwise granted.
2. Compliance with Conditions. All special events, as defined by NBMC Section
11.03.020, or any successor statute, shall comply with the conditions of this
permit.
3. Special Event Level Defined. Level 1, 2, and 3 special events shall be defined as
follows:
"Level 1 Special Event" shall mean any event:
a. With a duration of one (1) day only;
b. With an attendance of less than one thousand (1,000) persons.
a. Level 1A for special events with an attendance of less than five
hundred (500) persons;
b. Level 1 B for special events with an attendance between five
hundred (500) and less than one thousand (1000) persons.
c. Involves no public road or travel lane closures or detours;
d. Requires no traffic control, as determined by the City Traffic Engineer or
the Police Department; and
e. Does not require the presence of City personnel, as determined by the
Code Enforcement Supervisor or the Police Department.
"Level 2 Special Event" shall mean any event:
a. With a duration of up to four (4) consecutive days, including setup and
breakdown; or
b. With a attendance of one thousand (1,000) to five thousand (5,000)
persons over the course of the special event; or
c. Occurs in public right-of-way, except park under reservation; or
d. Requires the limited presence of City personnel, as determined by the
Recreation and Senior Services Director.
12-14
"Level 3 Special Event" shall mean any event:
a. With a duration of more than four (4) consecutive days, including setup
and breakdown; or
b. With an estimated attendance of more than five thousand (5,000) persons
over the course of the special event; or
c. Involves public road or travel lane closures or detours; or
d. Requires traffic control, as determined by the City Traffic Engineer or the
Police Department; or
e. Requires the presence of City personnel, as determined by the Code
Enforcement Supervisor or the Police Department; or
f. Requires noise monitoring by the City, as determined by the Code
Enforcement Supervisor.
4. Number of Level 1 Special Events Permitted. The applicant shall be permitted to
conduct the following number of special events during the months specified and
each year:
MAXIMUM NUMBER OF LEVEL 1 SPECIAL EVENTS PERMITTED
As of the Effective
As of the Effective
Date
Date + 1 Year
Max. Level 1 Special Events Per Month
May
May —
SPECIAL EVENT LEVEL
Jan. —
October
Jan. —
October
April and
and
April and
and
November
December
November
December
Level 1A (1-499 persons)
10 18
20
35
Level 1 B (500-999 persons)
5 7
10
15
MAXIMUM LEVEL 1 SPECIAL
EVENTS PERMITTED EACH YEAR
250
500
The maximum number of Level 1A special events may
be increased with a
corresponding reduction in the maximum number of Level 1 B special events.
5. No Permit Required for Level 1 Special Events. Level 1 special events authorized
by, and in compliance with the conditions of, this Conditional Use Permit shall be
exempt from the permit requirements of Chapter 11.03 NBMC, or any successor
statute.
12-15
6. Number of Level 2 and 3 Special Events Permitted. The applicant shall be
permitted to conduct a maximum of fourteen (14) Level 2 and/or Level 3 special
events each year with the approval of a special event permit in accordance with
Chapter 11.03 NBMC, or any successor statute.
7. Advance Notice of Level 1 Special Events. The applicant shall notify the
Community Development Department of all Level 1 special events authorized by
Condition No. 4 of this permit a minimum of twenty-one (21) days prior to the
special event. Traffic control measures, as determined by the City Traffic
Engineer, shall be implemented to address concurrent special events, if deemed
necessary by the Public Works Director.
8. Monthly Special Event Monitoring Report. The applicant shall submit a monthly
report of all Level 1, 2, and 3 special events conducted on the project site to the
Community Development Department to monitor the number of special events
and verify compliance with the conditions of this permit. The report shall be
submitted on or before the 15th day of the following month in a form approved by
the Community Development Department, which shall include the following
information:
a. The special event title;
b. A general description of the special event;
C. The general location of the special event on the project site;
d. The date, start time and duration of the special event.
e. The estimated daily attendance; and
d. A description of any sound amplification equipment.
9. Hours of Operation. The use of amplified sound shall not begin before 7:00 a.m.
on weekdays and Saturdays and 8:00 a.m. on Sundays and federal holidays.
The use of amplified sound and special events shall cease at the following times:
12-16
Latest
Latest
Dates
Amplified
Special
Sound
Event End
End Time
Time
Sunday through Thursday, except on NMUSD holidays and
9:00
P.M.
during NMUSD recesses
Weekdays and Weekends on NMUSD holidays and during
10:00
P.M.
NMUSD recesses
Independence Da Jul 4
10:30 p.m.
11:00 p.m.
Marine Corps Birthday (November 10)
11:15 p.m.
11:30 p.m.
12:30 a.m.
1:15 a.m.
New Year's Eve (December 31)
on New
on New
Year's Day
Year's Da
12-16
Newport Mesa Unified School District (NMUSD) holidays and recesses shall be
determined by the current official calendar approved by the NMUSD Board of
Education.
The special event end time shall mean the time when the special event activities
have ceased and all attendees have exited the site. The special event end time
does not include post -event clean-up and breakdown.
Any special event involving the use of amplified sound outside of time limits
prescribed above shall require a special event permit in accordance with Chapter
11.03 NBMC.
10. Sound Level Monitoring and Mitigation. The use of amplified sound shall comply
with the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol
attached hereto as Exhibit "B" to ensure that sound generated by the project site
does not exceed the noise standards of Chapter 10.26 NBMC.
The Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol may
be updated from time to time at the request of, and subject to the approval of, the
Community Development Director. Any substantial changes to mitigation
measures shall be reviewed and approved by the Planning Commission prior to
implementation.
11. City Monitoring. A City sound monitor shall be required at all special events
involving amplified sound, unless waived by the Community Development
Director.
12. Professional Sound Monitoring and Reporting Services. The applicant shall enter
into an agreement with City to reimburse the City for costs and expenses of
providing professional sound monitoring and reporting services for special events
involving the use of amplified sound. The form of the agreement shall be
determined by the City Attorney's office.
13. Compliance with Noise Control Requirements. All noise generated by special
events on the project site shall comply with the provisions of Chapter 10.26 and
other applicable noise control requirements of the Newport Beach Municipal
Code.
14. Insurance. The applicant shall provide one million dollars ($1,000,000) general
liability insurance naming the City of Newport Beach as additionally insured.
15. Licenses. The applicant shall complete the Special Events Temporary Business
License Application and collect the apportioned business license from each
vendor, exhibitor or other service provider and remit the payments to the City
prior to the special event date.
12-17
16. Permits and Insaections.
a. The applicant shall obtain any applicable City permits and inspections for
the installation of temporary structures, stands, platforms, stages and
stage lighting rigs over thirty (30) inches in height from grade, all tents and
temporary membrane structures having an area in excess of four hundred
(400) square feet, and the use and storage of portable liquefied petroleum
gas containers.
b. The applicant shall provide plans, details and specifications with
calculations, to the Building Division for plan review and approval, at least
thirty (30) days prior to the special event. Such plans shall be stamped
and signed by a licensed engineer in the State of California. The following
note shall be provided on the plans: "Engineer shall perform site
observations during the construction and shall provide a letter to the City
building inspector stating the temporary buildings, stands, platforms,
stages and stage lighting rigs are installed per code and satisfactory to be
used for their intended purpose."
C. The applicant shall allow City officials access for inspections in order to
determine compliance with City codes, any approved permit and/or any
conditions of approval.
d. The applicant shall comply with all lawful orders and requirements of the
principal building inspector.
17. Outside Agencies.
a. Any food service to comply with Orange County Health Department
requirements.
b. Any alcoholic beverage service shall comply with Alcoholic Beverage
Control requirements.
18. Settlement Agreement. All special events shall comply with the terms of the
Newport Dunes Settlement Agreement, as amended.
19. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
20. The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use may be cause for
revocation of this Use Permit.
21. Within one (1) year of the effective date of this Conditional Use Permit, the
Planning Commission shall review this Conditional Use Permit to determine
12-18
compliance with the conditions of approval and the effectiveness of the Newport
Dunes Noise Mitigation Report and Noise Mitigation Protocol.
22. This Conditional Use Permit may be modified or revoked by the Planning
Commission should they determine that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health,
welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance.
23. Any change in operational characteristics, expansion in area, or other
modification to the approved plans, shall require an amendment to this
Conditional Use Permit or the processing of a new Conditional Use Permit.
24. All noise generated by the proposed use shall comply with the provisions of
NBMC Chapter 10.26, or any successor statute, and other applicable noise
control requirements of the Newport Beach Municipal Code. The maximum noise
shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
25. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
Newport Dunes Resort Events including, but not limited to, the Conditional Use
Permit No. 2015-021 This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or
12-19
Between the hours of
Between the hours of
7:00a.m. and 10:00 p.m.
10:00 p.m. and 7:00
a. m.
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located
within 100 feet of a commercial
45dBA
60dBA
45dBA
50dBA
property
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
25. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
Newport Dunes Resort Events including, but not limited to, the Conditional Use
Permit No. 2015-021 This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or
12-19
bringing such proceeding. The applicant shall indemnify the City for all of City's
costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
12-20
SOUND MEDIA FUSION, LLC.
Gary Hardesty
Van Nuys, CA 91406
audiomicro42 ggmail. com
818-482-0193
NEWPORT DUNES NOISE MITIGATION REPORT
AND NOISE MITIGATION PROTOCOL
NOVEMBER 30, 2015
1 Sound Media Fusion, LLC. 1/25/2016
12-21
Sound Media Fusion, LLC. (SMF) was brought on board earlier this year, to study and
implement effective noise mitigation and monitoring plans and procedures for the Dunes
and local housing areas.
Early on, the Wieland Report was brought to the attention of SMF, as the document of
reference for monitoring Dunes related noise.
We have found the Wieland Report ('Report') to be generally useful, and it was used as our
starting point in reference to previous mitigation work and general sound levels.
It is our opinion that the Report did not go far enough in addressing the more technical
issues at hand and how to solve the challenges.
This report serves to pick up where the Wieland Report left off.
The discussion is generally directed at mitigating noise in the Dover Shores housing areas,
although noise mitigation efforts will help other areas as well.
Goals of this report are:
1) Discuss the acoustic and electro -acoustic challenges presented by the Dunes project and
surrounding areas.
2) Discuss proposed means of mitigation and progress to date.
3) Establish levels within the venues and the housing areas.
4) Action plan for 2016.
2 Sound Media Fusion, LLC. 1/25/2016
12-22
Discussion of the acoustic and electro -acoustic challenges presented by the Dunes
project and surrounding areas
NOTE: The field of acoustics and noise mitigation are highly complex and this author has
taken some creative license herein to simplify the discussion.
As we are discussing the decibel sound levels herein, it's important to understand what the
decibel is and how it relates to what we hear and measure.
Acoustics and the integration of sound reinforcement systems are complex, challenging and
always present debatable theories and results.
Basics of Acoustics...
Understanding the basics of acoustics is essential for anyone involved in sound, sound
monitoring and noise mitigation.
This short section deals with a few of the basic concepts of sound you'll need to grasp to
help you understand the challenges we face at the Dunes project and the ways we are going
to mitigate the sound.
What is sound?
For now, let's leave out philosophical conundrums like "If a tree falls in a forest and no-one
is there to hear it, does it really make a sound?"
Instead, let's speak in real world terms of what we can measure and what we can hear.
From a physics perspective, sound is nothing more than small pressure changes traveling
through:
*Any elastic medium. These pressure variances propagate in all directions from -
Anything that vibrates mechanically in or that medium or even just contacting that
medium-- things like vocal chords, guitar strings, saxophone reeds, or loudspeakers.
The word medium means any molecular substance that contacts the vibrating source.
It could be almost anything-- air is the most common example; but water could be an
example too. Even the wood that contacts a violin string is an example.
3 Sound Media Fusion, LLC. 1/25/2016
12-23
What isn't an example? Outer space would not be an example because it doesn't contain
enough organized molecules.
*An elastic medium is one in which the molecules can be displaced slightly but where they
tend to spring back to their original or rest position.
In a gas like air, molecules can be compressed (pushed closer together) and rarefied (pulled
further apart) but they will always spring back to normal pressure. Water, steel, and wood
also have a springiness that makes them good conductors of sound waves
*The pressure changes don't have to be very big to be perceived as sound.
In a typical conversation at 1 meter, the difference between highest compression to lowest
is only 00.0001 %, one ten thousandth of a percent.
In sound, waves of compression are always followed by mirror image waves of rarefaction
(decompression) so that overall the pressure remains normal.
Remember that in sound it's not the air molecules that travel from the source to your ear but
rather the waves of compression and rarefaction of those molecules.
Finally, remember that sound waves are:
*mechanical energy-- an actual physical disturbance.
They are not like radio waves or light waves. These are electromagnetic energy.
How fast does sound travel? Sound waves travel at approximately 1128 feet per second in
air that is 68 degrees Fahrenheit.
In other media, the speed is different. For example:
Its 4756 feet per second in water.
In wood and metal it would be even faster because the molecules are denser.
4 Sound Media Fusion, LLC. 1/25/2016
12-24
In sustained sounds, molecular displacement is usually repetitive and it often occurs with
high regularity. That means it repeats the same way at very evenly spaced time intervals --
say every thousandth of a second.
This regularity is called periodic vibration. When vibrations repeat like this, the sound they
produce has an identifiable pitch-- a musical tone.
If there is no regularity, then the vibration is aperiodic and produces noise. The physical
vibrations that make sound can be nearly any frequency.
Experiments have shown that sound at 10 billion cycles per second is possible.
However, human ears respond to only a relatively small range of between 20 cycles per
second and 20,000 cycles per second.
Even this range is significantly shortened by age and other conditions.
Within this range of 20 to 20,000 cycles per second humans are most sensitive to the
frequencies between 1,000 and 5,000 cycles per second.
*Some simple calculations can show how long a wavelength of any frequency is:
Just divide the speed of sound (1128 feet per second) by the sound's cycles per second to
get the wavelength.
-A 1000 cps tone's wavelength = 1.128 feet -mid frequency.
-A 20 cps tone's wavelength = 56.4 feet- low frequency.
-A 20,000 cps tone's wavelength = .0564 feet (or .67 inches.)- high frequency.
Figuring wavelengths can be useful to instrument makers.
Most wind instruments need a resonant air column half as long as the wavelength of the
fundamental frequency they want to play (Clarinet is an exception because the closed,
cylindrical pipe that makes its air column needs to be only 1/3 as long as the fundamental
frequency's wavelength.)
5 Sound Media Fusion, LLC. 1/25/2016
12-25
There are two types of waves that cause sound:
The Transverse wave (like a violin string) in which the vibration is perpendicular to the
wave's travel.
The Longitudinal wave (like a wind instrument's air column) in which the vibration is
parallel to the wave's travel.
All waves in an encompassing medium like air can be considered longitudinal waves.
There are four important attributes that we can manipulate to create or describe any sound.
And, we can work with these attributes in two different ways: we can measure them and we
can hear them. If we measure them, they're called physical attributes: if we hear them,
they're called perceptual attributes.
The four physical attributes are frequency, amplitude, waveform, and duration. Their
perceptual counterparts are pitch, loudness, timbre, and time.
There is similarity between hearing and measuring these attributes; however, it is a complex
correlation. The two are not exactly parallel.
Frequency refers to how often the vibration repeats a complete cycle from rest position
through compression through rarefaction and back to rest position.
This is usually stated in cycles per second (cps) or in Hertz (Hz) after the 19th century
physicist Heinrich Hertz. Cps and Hz are the same measurement.
Pitch refers to our perception of frequency on a continuum from low to high.
For musical purposes, we usually divide this continuum into discrete steps derived from the
natural harmonic series.
For most people, frequencies must be between 20 and 20,000 cps to be heard as pitch, and
the upper half of that range is more important to our perception of brilliance than to
musically useful pitch.
Even the highest tone of a piccolo is only about 3,700 cycles per second-- far short of
20,000.
6 Sound Media Fusion, LLC. 1/25/2016
12-26
Amplitude refers to how much energy is contained in the displacement of molecules that
make up sound waves.
It is usually measured in decibels.
Decibels is a logarithmic scale in which each ten number increase actually represents a ten
fold increase in energy.
On this scale a 10 decibel increase equals 10 times the energy, but a 20 decibel increase =
100 times the energy and a 30 decibel increase = 1000 times the energy; etc.
We need this logarithmic scale because the loudest sound humans can hear is about 1 trillion
times as powerful as the softest.
Each doubling of sound energy can be represented by a 3 decibel change. Loudness refers to
our perception of amplitude and is sometimes stated in phons.
The least amount of amplitude humans can perceive as sound, starts the decibel scale at 0 dB.
This is about a trillionth of a watt per square meter.
7 Sound Media Fusion, LLC. 1/25/2016
12-27
Key to our understanding of the basics is how we hear sound.
"The best and most beautiful thing in life cannot be seen, not touched, but are felt in the
heart."
This quote by Hellen Keller demonstrates the keen sense of her world and the world around
her, which most of us take for granted. We as people are often preoccupied with our own
lives and responsibilities to recognize the simple beauty in things we see and hear in our
everyday lives.
Hearing is perhaps the one sense we take for granted the most. We often do not realize the
different sounds that flood our ears on minute -to -minute bases. Also, the complex concept
of sound and hearing is usually taken for granted.
We simply assume that our ears and brains are doing their jobs to allow us to hear, and we
do not give it a second thought.
The human ear is an exceedingly complex organ. To make matters even more difficult, the
information from two ears is combined in a perplexing neural network, the human brain.
Keep in mind that the following is only a brief overview; there are many subtle effects and
poorly understood phenomena related to human hearing.
Figure 22-1 illustrates the major structures and processes that comprise the human ear. The
outer ear is composed of two parts, the visible flap of skin and cartilage attached to the side
of the head, and the ear canal, a tube about 0.5 cm in diameter extending about 3 cm into the
head. These structures direct environmental sounds to the sensitive middle and inner ear
organs located safely inside of the skull bones. Stretched across the end of the ear canal is a
thin sheet of tissue called the tympanic membrane or ear drum. Sound waves striking the
tympanic membrane cause it to vibrate. The middle ear is a set of small bones that transfer
this vibration to the cochlea (inner ear) where it is converted to neural impulses. The
cochlea is a liquid filled tube roughly 2 mm in diameter and 3 cm in length. Although
shown straight in Fig. 22-1, the cochlea is curled up and looks like a small snail shell. In
fact, cochlea is derived from the Greek word for snail.
When a sound wave tries to pass from air into liquid, only a small fraction of the sound is
transmitted through the interface, while the remainder of the energy is reflected. This is
because air has a low mechanical impedance (low acoustic pressure and high particle
velocity resulting from low density and high compressibility), while liquid has a high
mechanical impedance. In less technical terms, it requires more effort to wave your hand in
water than it does to wave it in air. This difference in mechanical impedance results in most
of the sound being reflected at an air/liquid interface.
The middle ear is an impedance matching network that increases the fraction of sound
energy entering the liquid of the inner ear. For example, fish do not have an ear drum or
middle ear, because they have no need to hear in air. Most of the impedance conversion
results from the difference in area between the ear drum (receiving sound from the air) and
the oval window (transmitting sound into the liquid, see Fig. 22-1). The ear drum has an
8 Sound Media Fusion, LLC. 1/25/2016
12-28
area of about 60 (mm)2, while the oval window has an area of roughly 4 (mm)2. Since
pressure is equal to force divided by area, this difference in area increases the sound wave
pressure by about 15 times.
Contained within the cochlea is the basilar membrane, the supporting structure for about
12,000 sensory cells forming the cochlear nerve. The basilar membrane is stiffest near the
oval window, and becomes more flexible toward the opposite end, allowing it to act as a
frequency spectrum analyzer. When exposed to a high frequency signal, the basilar
membrane resonates where it is stiff, resulting in the excitation of nerve cells close to the
oval window. Likewise, low frequency sounds excite nerve cells at the far end of the basilar
membrane. This makes specific fibers in the cochlear nerve respond to specific frequencies.
This organization is called the place principle, and is preserved throughout the auditory
pathway into the brain.
Another information encoding scheme is also used in human hearing, called the volley
principle. Nerve cells transmit information by generating brief electrical pulses called action
potentials. A nerve cell on the basilar membrane can encode audio information by
producing an action potential in response to each cycle of the vibration. For example, a 200
hertz sound wave can be represented by a neuron producing 200 action potentials per
second. However, this only works at frequencies below about 500 hertz, the maximum rate
that neurons can produce action potentials. The human ear overcomes this problem by
allowing several nerve cells to take turns performing this single task. For example, a 3000
hertz tone might be represented by ten nerve cells alternately firing at 300 times per second.
This extends the range of the volley principle to about 4 kHz, above which the place
principle is exclusively used.
Table 22-1 shows the relationship between sound intensity and perceived loudness. It is
common to express sound intensity on a logarithmic scale, called decibel SPL (Sound
Power Level). On this scale, 0 dB SPL is a sound wave power of 10-16 watts/cm2, about
the weakest sound detectable by the human ear. Normal speech is at about 60 dB SPL,
while painful damage to the ear occurs at about 140 dB SPL.
9 Sound Media Fusion, LLC. 1/25/2016
12-29
outer
ear
}' ear
sound
waves
in air
t 'mpalue membrane
ear d l u)
Oval
Window
cochlea
sound waves
in liquid ,
basilar
membrane
111 1111 1111 1111 11J11
1111 1111 11111
hi Eh
Medium
lmn
mtidle
_
�4—Y
f-4'
fM4�CY
ear bones
deted u m
detectim
detectxRII
FIGURE 22-1
Functional diagram of the human ear. The outer ear collects sound waves from the environment and channels
them to the tympanic membrane (ear drunn), a thin sheet of tissue that m -orates in synchronization with the air
wa,.qefornn_ The middle ear bones (hammer, anvil and stirrup) transmit these vibrations to the oval -window, a
flexible raenitnne in the fluid filed cochlea_ Contained within the cochlea is the basilar unembrauue, the supTrting
stricture for about 1'x,000 nerve cells that forms the cochlear nerve. Due to the varyingstiffness of the basilar
membrane, each nerve cell duly responses to a narrow range of audio frequeacie33 maldug the ear a frequency
spectrin analyzer.
The difference between the loudest and faintest sounds that humans can hear is about 120 dB, a
range of one -million in amplitude. Listeners can detect a change in loudness when the signal is
altered by about 1 dB (a 12% change in amplitude). In other words, there are only about 120
levels of loudness that can be perceived from the faintest whisper to the loudest thunder. The
sensitivity of the ear is amazing; when listening to very weak sounds, the ear drum vibrates less
than the diameter of a single molecule!
The perception of loudness relates roughly to the sound power to an exponent of 1/3. For
example, if you increase the sound power by a factor of ten, listeners will report that the
loudness has increased by a factor of about two (101/3 z 2). This is a major problem for
eliminating undesirable environmental sounds, for instance, the beefed-up stereo in the next
door apartment. Suppose you diligently cover 99% of your wall with a perfect soundproof
material, missing only 1% of the surface area due to doors, corners, vents, etc. Even though the
sound power has been reduced to only 1% of its former value, the perceived loudness has only
dropped to about 0.011/3 z 0.2, or 20%.
The range of human hearing is generally considered to be 20 Hz to 20 kHz, but it is far more
sensitive to sounds between 1 kHz and 4 kHz. For example, listeners can detect sounds as low
as 0 dB SPL at 3 kHz, but require 40 dB SPL at 100 Hertz (an amplitude increase of 100).
Listeners can tell that two tones are different if their frequencies differ by more than about 0.3%
at 3 kHz. This increases to 3% at 100 hertz. For comparison, adjacent keys on a piano differ by
about 6% in frequency.
10 Sound Media Fusion, LLC. 1/25/2016
12-30
watwcme I Decibels SPL I Example sound
The primary advantage of having two ears is the ability to identify the direction of the sound.
Human listeners can detect the difference between two sound sources that are placed as
little as three degrees apart, about the width of a person at 10 meters.
This directional information is obtained in two separate ways.
First, frequencies above about 1 kHz are strongly shadowed by the head.
In other words, the ear nearest the sound receives a stronger signal than the ear on the
opposite side of the head.
The second clue to directionality is that the ear on the far side of the head hears the sound
slightly later than the near ear, due to its greater distance from the source.
Based on a typical head size (about 22 cm) and the speed of sound (about 340 meters per
second), an angular discrimination of three degrees requires a timing precision of about 30
microseconds.
Since this timing requires the volley principle, this clue to directionality is predominately
used for sounds less than about 1 kHz.
Both these sources of directional information are greatly aided by the ability to turn the
head and observe the change in the signals. An interesting sensation occurs when a listener
is presented with exactly the same sounds to both ears, such as listening to monaural sound
through headphones. The brain concludes that the sound is coming from the center of the
listener's head!
11 Sound Media Fusion, LLC. 1/25/2016
12-31
10-=
140 dB
Pain
10-'
130 dB
10—,
120 dB
Discomfort
10-1
110 dB
Jack hammers and rock concerts
10-'
100 dB
TABLE 22-1
Units of sound intensity- Sound
10-7
$0 dB
OSHA limit for industrial ,noise
intensity issed as power per
.810-1
g4 dB
unit area (uch as watts}cm , or
10-
70 dB
name commonly on a logarithmic
10-30
&p dB
Normal conversation
scale called decibels SPL. As this
10-"
50 dB
table shows, hnman hearing is the
most sensitive between 1 kHz and
V]
10-32
40 dB
Weakest audible at 100 hertz
4 kHz-
10-13
30 dB
10-34
20 dB
Weakest audible. at 10RHz
10-3s
10 dB
10-315
0 dB
Weakest audible. at 3 kHz
7
10-3
-10 dB
10-3*
-20 dB
The primary advantage of having two ears is the ability to identify the direction of the sound.
Human listeners can detect the difference between two sound sources that are placed as
little as three degrees apart, about the width of a person at 10 meters.
This directional information is obtained in two separate ways.
First, frequencies above about 1 kHz are strongly shadowed by the head.
In other words, the ear nearest the sound receives a stronger signal than the ear on the
opposite side of the head.
The second clue to directionality is that the ear on the far side of the head hears the sound
slightly later than the near ear, due to its greater distance from the source.
Based on a typical head size (about 22 cm) and the speed of sound (about 340 meters per
second), an angular discrimination of three degrees requires a timing precision of about 30
microseconds.
Since this timing requires the volley principle, this clue to directionality is predominately
used for sounds less than about 1 kHz.
Both these sources of directional information are greatly aided by the ability to turn the
head and observe the change in the signals. An interesting sensation occurs when a listener
is presented with exactly the same sounds to both ears, such as listening to monaural sound
through headphones. The brain concludes that the sound is coming from the center of the
listener's head!
11 Sound Media Fusion, LLC. 1/25/2016
12-31
While human hearing can determine the direction a sound is from, it does poorly in
identifying the distance to the sound source.
This is because there are few clues available in a sound wave that can provide this
information.
Human hearing weakly perceives that high frequency sounds are nearby, while low
frequency sounds are distant.
This is because sound waves dissipate their higher frequencies as they propagate long
distances.
Echo content is another weak clue to distance, providing a perception of the room size.
For example, sounds in a large auditorium will contain echoes at about 100 millisecond
intervals, while 10 milliseconds is typical for a small office. Some species have solved this
ranging problem by using active sonar.
For example, bats and dolphins produce clicks and squeaks that reflect from nearby objects.
By measuring the interval between transmission and echo, these animals can locate objects
with about 1 cm resolution.
Experiments have shown that some humans, particularly the blind, can also use active echo
localization to a small extent.
12 Sound Media Fusion, LLC. 1/25/2016
12-32
What really happens to sound as it travels through the atmosphere, encountering
atmospheric disturbances as well as Earth -based disturbances?
Sound is `distorted' as it travels through space by many factors.
Sound propagation is shaped by the atmosphere like a lens shapes light rays. The "bending"
of sound rays occurs because of changes in the speed of sound. The speed of sound is a
function of an air -density parameter called virtual temperature and is also affected by the
wind vector. If the speed of sound in a certain direction, for example, increases with height,
any loud noise is "focused" toward a surface area distant from the sound source.
Sound propagation, therefore, in the real atmosphere is constantly changing, much like the
stars "twinkle" (scintillate) at night. Upper -air measurements are needed to characterize
such propagation.
topographically modified atmosphere
� J\r
refraction
due to gradients of wind
s
and temperature J� reflection
rr at ground, buildings, forests, etc scattering
�r� n due to atmospheric turbulence
1
w diffraction ,
at obstacles (buildings,
screens, hills...) m
m
.. obstacles (bu ldms,..screens atc t ff i ..f. h ...............
Sound propagating in the atmospheric boundary layer is significantly influenced by
topographical and meteorological effects, (as indicated in the illustration above):
-Refraction due to wind and temperature gradients,
-Reflection at porous ground or at buildings, forests, etc.,
-Scattering due to atmospheric turbulence,
-Diffraction at obstacles such as buildings, screens, hills.
13 Sound Media Fusion, LLC. 1/25/2016
12-33
Diffraction is normally taken to refer to various phenomena which occur when a wave
encounters an obstacle. It is described as the apparent bending of waves around small
obstacles and the spreading out of waves past small openings... it is the bending of sound
waves, as the sound travels around edges of geometric objects.
This produces the effect of being able to hear even when the source is blocked by a solid
object.
The sound waves bend appreciably around the solid object.
However, if the object has a diameter greater than the acoustic wavelength, a'sound
shadow' is cast behind the object where the sound is inaudible. (Note: some sound may be
propagated through the object depending on material).
Acoustical diffraction near the Earth's surface:
In the case of sound waves traveling near the Earth's surface, the waves are diffracted or
bent as they traverse by a geometric edge, such as a wall or building. This phenomenon
leads to a very important practical effect: that we can hear "around corners".
Because of the frequencies involved considerable amount of the sound energy (on the order
of ten percent) actually travels into this -would be- sound "shadow zone".
Visible light exhibits a similar effect, but, due to its much higher frequency, only a minute
amount of light energy travels around a corner.
Refraction is the change in direction of a wave due to a change in its speed. This is most
commonly observed when a wave passes from one optical medium to another.... the
bending of sound rays in the presence of an inhomogeneous atmosphere.
14 Sound Media Fusion, LLC. 1/25/2016
12-34
The acoustically relevant meteorological parameters are in turn subject to topographical
influences such as...
-Flow around or over hills, buildings, obstacles, etc.,
-Thermal circulations such as slope winds, sea breezes, etc.,
-Wake turbulence.
sound propagation in the atmosphere
temperature
0)
° wi n d
0
L
O
turbulence refraction
E
scattering
humidity
absorption
energy
momentum sm
0
mass sound field 0
C
a
0'
reflection
diffraction
topographer
15 Sound Media Fusion, LLC. 1/25/2016
12-35
AddItIonal sound
ev
vlJrC�l� I I I I I l 1 I I I l soundI�It V I I I lu 11-30- Listener
warmer ai r_
faster sourmd
Sc5torc%p
Saurkd
source
Squad
waves
Diffral�tlon
arr4ind pod
0.
Suppose you baht a ,
comer# ticket without
Fooking at the seating chart and
wound up sitting behind a large past.
You would be able to hear the ctanml
quite well bacausa the wavelengths of
Sound are Long enough to bandaround
010 p f_
16 Sound Media Fusion, LLC
1/25/2016
I Jd-#v--M4-r
If you were autsoe an
open dom. you could sAl
tsar because 9 a soLwd
would spread out ftorn
Me smaN opeoing
as If It were a
Wallzed source
Of sour,
1�ifira�etie
ta��C ;•mall
span ing.
It you were sevarail wavel4ngths
A sound past rhs post, you woud
not be able to detect the presorm
of the past from the narrUre of the
sound_
12-36
For the purpose of measuring sound, we use SPL (Sound Pressure Level) meters, which
often times are computer based for further analysis.
Various `weightings' are used in the measure of sound by an SPL meter:
+20
t10
0
-10
-20
-30
-40
-5Q
10 100 1000 10k 100k
A-weighling (hIuo). 6 (yelIow), C (red), and 0 -to sighting (bfk)
A -weighting is the most commonly used of a family of curves defined in the International
standard IEC 61672:2003 and various national standards relating to the measurement of
sound pressure level, as opposed to actual sound pressure. The others are B, C, D and now
Z weightings (see below).
Looking at the graph above, one can see the various levels of attenuation of low
frequencies- look at the blue 'A' weighted curve, and note that the measurement is rolling
off the low frequencies (the graph is showing frequencies, left to right and from low to high,
on the bottom, 'X' scale and level on the left of the vertical, or 'Y' scale).
If no frequency attenuation existed in the given measurement standard, the lines on the
graph would be shown as a flat line at the zero dB mark.
Sound level, loudness, and sound pressure are not the same things; indeed there is not even
a simple relationship between them, because the human hearing system is more sensitive to
some frequencies than others, and furthermore, its frequency response varies with level, as
has been demonstrated by the measurement of equal -loudness contours.
In general, low frequency and high frequency sounds are perceived to be not as loud as
mid -frequency sounds, and the effect is more pronounced at low pressure levels, with a
flattening of response at high levels.
17 Sound Media Fusion, LLC. 1/25/2016
12-37
Sound pressure level meters (SPL meters) therefore incorporate weighting filters, which
reduce the contribution of low and high frequencies to produce a reading that corresponds
approximately to what we hear.
The curves were originally defined for use at different average sound levels, but A -
weighting, though originally intended only for the measurement of low-level sounds
(around 40 phon), is now commonly used for the measurement of environmental noise and
industrial noise, as well as when assessing potential hearing damage and other noise health
effects at all sound levels; indeed, the use of A -frequency -weighting is now mandated for
all these measurements, although it is badly suited for these purposes, being only applicable
to low levels so that it tends to devalue the effects of low frequency noise in particular.
A -weighting is also used when measuring noise in audio equipment, especially in the U.S.A.
In Britain, Europe and many other parts of the world, Broadcasters and Audio Engineers
more often use the ITU -R 468 noise weighting, which was developed in the 1960s based on
research by the BBC and other organizations.
This research showed that our ears respond differently to random noise, and the equal -
loudness curves on which the A, B and C weightings were based are really only valid for
pure single tones.
History of A -weighting
A -weighting began with work by Fletcher and Munson which resulted in their publication,
in 1933, of a set of equal -loudness contours. Three years later these curves were used in the
first American standard for sound level meters.
B-, C-, D- and Z -weightings
A -frequency -weighting is mandated to be fitted to all sound level meters. The old B- and
D -frequency -weightings have fallen into disuse, but many sound level meters provide for C
frequency -weighting and its fitting is mandated at least for testing purposes to
precision (Class one) sound level meters. Z- or ZERO frequency -weighting was introduced
in the International Standard IEC 61672 in 2003 and was intended to replace the "Flat" or
"Linear" frequency weighting often fitted by manufacturers.
This change was needed as each sound level meter manufacturer could choose their own
low and high frequency cut-offs (— 3dB) points, resulting in different readings, especially
when peak sound level was being measured.
As well, the C -frequency -weighting, with —3dB points at 31.5Hz and 8kHz did not have a
sufficient bandpass to allow the sensibly correct measurement of true peak noise (Lpk)
A -weighting is only really valid for relatively quiet sounds and for pure tones as it is based
on the 40-phon Fletcher -Munson curves which represented an early determination of the
equal -loudness contour for human hearing.
18 Sound Media Fusion, LLC. 1/25/2016
12-38
Sound Media Fusion uses a special laboratory meter made in Europe for our testing.
The meter can simultaneously show Z (flat frequency spectrum) measurements, as well as 'A',
peak, LEQ, etc.
The meters also record the actual audio during a test, as well as all the raw data for later analysis.
We can actually hear what the sound was that was affecting a meter reading at a particular point
in time.
While the A -weighting curve, as discussed previously, has been widely adopted for
environmental noise measurement, and is standard in many sound level meters, it does not really
give valid results for noise because of the way in which the human ear analyzes sound.
The distance of the measuring microphone from a sound source is often omitted when SPL
measurements are quoted, making the data useless. In the case of ambient environmental
measurements of "background" noise, distance need not be quoted as no single source is present.
SPL meters are not smart- they present all the sound (noise) picked up by the meter at the meter's
location, as a single SPL, or dB 'number'- be it Dunes noise, watercraft noise, whatever- it's all
picked up and displayed as a number, representing the local environmental noise condition.
This local reading presents uncorrelated information, IE: it's not smart information, much as the
human ears and brain- we can correlate and discriminate, a SPL meter cannot. The information
obtained is not only Dunes related noise, it is ALL the local environment noise.
A smart, trained human must make the measurements, as only this person can understand exactly
what is taking place and how to solve it. as well as determine compliance, within the din of all
the local background noise that may be present- another reason we record the actual audio, as
well as the raw data- for later analysis.
Compliance monitoring is a very difficult science and requires sophisticated equipment and even
more sophisticated operators, especially when the compliance monitoring involves music related
noise buried in the overall ambient and local environmental noise.- it's simply not just a number...
The situation is compounded by the fact that people in the housing areas don't really care what
the dB reading is: they are only concerned with what they actually hear, and how it possibly
affects their lifestyle, especially at night.
The point of the discussion herein is- how can we improve the situation based on what people are
hearing?- COUPLED with what we measure as part of our compliance.
SMF believes we must be successful at both...
19 Sound Media Fusion, LLC. 1/25/2016
12-39
Loudest Calculated Sound Possible-194dB (Nuclear Bomb)
Loudest Sound Recored = 180db (Volcano of Krakatoua in 1883) = Destruction of Hearing Tissue
Jet engine at 3Grlt1
1W da
Fireworks limj
Rifle Being Fired at 1m
1do do
Rock Music Peak
Threshold of Pain
sa au� -
Threshold of Pain
Pneumanc Riverterhiarnnwr
1 z5 do
Amplified Heavy Mttal/Night Club
Cha i nsaw/Warning Siren
1200
frock Concert
Sand Blasting
t 1s du
Full Symphony Orchestra
Power Saw/Angle Gnndgr
t to do
Live Drums
Power Tools/Arid,
105 dJ
Mo iarge'Wind Instrument
Lawnmower/Matorcytle/Tractor
100 do
hlolamal Piano
City Street Noise With Traffic
no du
solulsmall Wind Instrument
Inside Car at Omph
BuwTraffic at lArn
Va[tlum cleaner las 6drkground Musk
Office Environment/Background Noise oo da Bird Calls
Moderate Rainfaff u de tl4rary
Desktop Crarnputer .�:� do Refrigerator
idle TV %dip „r du Idle Music Studio
tlumanMearingThreshelt rndll HumanllearingThreshold
I want to discuss the specifics of the Dunes project:
Earlier, we discussed sound propagation, refraction, diffraction, etc., as a means of discussing the
challenges and potential solutions for Dunes related noise.
The Dunes area presents significant noise mitigation and monitoring challenges, for several
reasons:
The local, water based environment presents significantly more challenges that a more normal,
non -water based housing area (referring to the Dover Shores community).
The water has a significant effect on sound propagation.
Refraction of Sound:
If the air above the earth is
warmer than that at the surface,
sound will be bent back
downward toward the surface by
refraction.
armep aK
farcrrs�
Cool ill
Voyi.er 5"ry,
pp.Liar
Sound propagates in all directions from a point source. Normally, only that which is initially
directed toward the listener can be heard, but refraction can bend sound downward. Normally,
only the direct sound is received. But refraction can add some additional sound, effectively
amplifying the sound. Natural amplifiers can occur over cool bodies of water.
The fact that the speed of sound is faster in warmer air bends some sound back downward
toward you - sound that would not reach your ear under normal circumstances. This natural
amplification over cool bodies of water is one of the few natural examples of sound refraction.
warren air _--
coal air------ -- -- ----�- � r� !
source
boder of water
This is precisely one of the challenges with the Dunes project.
Due to the effects of refraction, the Dover Shores community, at night, experiences some direct
energy from the sound, as well as some refracted energy, as discussed above, due to the water.
21 Sound Media Fusion, LLC. 1/25/2016
12-41
Sound from an event propagates out, and to some extent, up- it is reasonable to assume that some
of the energy propagating vertically is heard in the Dover Shores area, due to refraction, along
with direct energy and other refracted energy.
This is one reason that the apparent sound levels change from afternoon sound checks to evening
shows (along with the obviously quieter local community noise levels at night).
The effects of refraction, on a given day/night are difficult to predict, which is why the
mitigation and monitoring protocol must remain fluid and must employ a person with
considerable acoustic background in order to control the noise on an event by event basis.
One challenge with solving a noise problem on a particular event, is understanding where the
noise is coming from- the audience sound system, band equipment (drums, guitar amplifiers,
etc.), or stage monitors (or a combination) ... it's not just a simple matter of turning the sound
down.
One must understand the entire event (sound design, equipment used, etc.), in order to
intelligently 'fix' the problem.
Let's discuss some specifics:
Based on simple acoustic theory- sound will decrease based on distance (not so simple, due to
the water effects we have already discussed).
If we examine the average distances from an event at the Dunes tent, for example, situated near
the earthen berm, we can calculate what the maximum levels should be at the Dunes site, based
on legal levels established for the housing areas.
22 Sound Media Fusion, LLC. 1/25/2016
12-42
Here is an overview of the area under discussion:
The approximate distance from the Dunes tent to the center of the three primary Dover Shores
streets under discussion here (Morning Star Lane, Evening Star Lane and North Star Lane) is
1,600 feet.
Based on acoustic theory, the sound level should decrease some 6 dB for every doubling of
distance from the source. It's known as the inverse square law.
Based on the inverse square law, if we have, for example, a source with a dB level of 100, at
1,600 feet from the source the level should be approximately 46 dB.
This is a direct line of sight- simplistic- calculation, but serves to illustrate the point that, at 1,600
feet, we should be in compliance (and you should not hear us) if the level at the source is 100 dB
maximum.
But- it's too simplistic, and does not account for the sound traveling over water and myriad other
effects.
It also does not account for hearing sensitivity VS frequency.
23 Sound Media Fusion, LLC. 1/25/2016
12-43
Sound sources during a live band:
1) Sound system for audience. This is one of the primary systems we are controlling, by
increasing directionality, etc.
2) Stage monitor system. This is usually a system that faces the artist ... in the case of a show in
the tent, or at the tent location, with the stage near the beach, the sound from the stage monitors
is directly facing the housing areas. More challenging to control.
3) Backline equipment (drums, guitar amplifiers, etc.). Very challenging to control, especially
something acoustic such as the drums.
I want to discuss the specific case of a stage located either in the Dunes tent, or a stage, outdoors,
in the same area- as is typical for larger events at the Dunes.
In order to improve the noise situation, one must study, in detail, the problem and how best to
solve it.
This requires experiments to determine the best means of improving the situation.
Numerous approaches have been taken over the last year to improve the noise situation:
1) One of the first, as SMF became involved in the project, was simply better control over sound
system and stage monitors levels, along with using better equipment to monitor the sound.
2) This quickly proved to be not enough. The challenge for SMF was that the events were
already booked, and sound equipment was also already booked, frequently by the visiting act
bringing in their own equipment. It became quickly apparent that much more work was required.
3) We mandated early on that all events, at least by the 2016 season, needed to use sound
systems designed by SMF and provided by the Dunes selected vendor. This has occurred now at
a number of events and we are slowly making progress on the improving the designs.
4) If a noise can't be quieted at the source, path modification is commonly the next step.
24 Sound Media Fusion, LLC. 1/25/2016
12-44
Recently, we did the first in a series of actual acoustic tests involving a noise mitigation wall:
The simplistic wall is made of stacked steel shipping containers. Please see the detail report as
Attachment A, at the end of this document.
Note that such a wall must be much longer to be truly effective (and possibly taller as well),
AND, it does not address the refraction effects we have discussed earlier- this wall can only
affect direct sound, and as we have discussed, this is not enough.
25 Sound Media Fusion, LLC. 1/25/2016
12-45
The next test we did involved using an actual band, in the tent, with the wall, as above, in place:
The picture is taken to the side of the tent/wall. The Dover Shores homes would be to the rear of
the wall, left side of this photo, for reference.
Two points are readily obvious: the tent has been set-up too far from the wall, and the wall
needs to be longer to effectively help control the direct sound.
Sound directly behind the wall (in the acoustic shadow we discussed earlier) was well controlled,
as one would expect, however, sound, as SMF expected, was emitted to the side of the wall, by
the wall being too short. Sound was effectively, going to the side and around the wall.
Direct sound from the band was heard in the housing areas. It's indeterminate as to how much
was direct energy and how much was refracted energy- likely some of both, but quickly apparent,
as we expected, that a lot of direct sound would get to the housing areas.
The majority of the sound in the housing areas was from the band equipment and largely- the
stage monitors- not so much from the audience sound system.
Interesting to also note that the people in the tent enjoying the show could also be heard in the
Dover Shores housing areas.
What is required, is a wall system closely coupled to the stage, in order to effectively control
direct sound at the source.
26 Sound Media Fusion, LLC. 1/25/2016
12-46
The pictures below illustrate the structure that will be used in tests near the end of December,
2015, for Beach Cities Church services on December 23 and the Dunes New Years Eve event:
'Interlar wall & folded velwir cldlln, top to bottom.
'r Aerlor wall is mass loaded vinyl, top to buttnnl,
18'
1
�I
r 2V
1W
au'
The wall consists of a special acoustic plastic called "Mass Loaded Vinyl", on the rear of the
walls, and heavy velour theatrical curtains on the front side.
The wall will encompass the entire stage and PA area, as shown, and will help to effectively
control sound from the rear of the audience sound system, the stage monitors, as well as the on-
stage band equipment.
The wall will be effective in controlling all except low frequency energy ... the wavelengths of
low frequency energy are too long for this wall to be effective- the energy will go around and
over the wall.
27 Sound Media Fusion, LLC. 1/25/2016
12-47
The wall will also help to control some of the acoustic reflections in the tent.
At the time of this report, the events have not taken place and as a result, we can't report on
effectiveness.
SMF does, however, believe it will provide considerable benefit, and allow us to see what other
measures are required.
Note that this will act to control the direct sound- it does not address potential refraction
challenges, as we have discussed early, as sound is still emitted vertically.
One of the goals with this test is to try and determine how much of the sound occasionally heard
in the Dover Shores area is directly radiated, versus radiation by refraction.
How do we control low frequency energy? By limiting the number and kind of low frequency
speakers that can be used during an event, and, specifying a low frequency system that is
directional- producing a much smaller amount of energy at the rear of the speaker, therefore
minimizing the amount of direct energy getting into the housing areas.
It has become abundantly clear that the Dunes has to significantly limit the amount of low
frequency energy emitted, whether the low frequency energy is emitted via the audience sound
system, stage monitors, or band equipment.
This type of wall will be effective for events in the tent, as well as large outdoor events.
A similar, simplified system will be used for smaller events.
The results of the testing will help to determine the exact nature of acoustic barriers.
It should be understood that the acoustic design, sound system design and testing is an ongoing
process, in order to have maximum noise mitigation.
Means of mitigation may employ techniques, in the future, such as noise masking (a means of
making the entertainment noise less correlated, thereby rendering it less noticeable) and beam
steering (a means of 'steering' acoustic energy away from an area)- in order to improve
mitigation.
It is apparent through our experience and testing, that more aggressive means of noise control are
required.
28 Sound Media Fusion, LLC. 1/25/2016
12-48
Noise Mitigation and Monitoring Plan
The City's noise ordinance standards (Chapter 10.26 -Community Noise Control) state that the
allowable average exterior noise level experienced in a residential area shal l not exceed 55
dB(A) for any 15 -minute period during the daytime hours of 7:00 a.m. to 10:00 p.m. During
the nighttime hours of 10:00 p.m. to 7:00 a.m. the standard is 50 dB(A). The maximum
instantaneous noise level that is permitted is 75 dB(A) during the daytime or 70 dB(A)
during the nighttime. If the ambient noise level exceeds these standards, then the ambient
shall be the standard.
This standard will be modified herein, based on our testing, to improve community noise
mitigation.
Herein, the words 'entertainment' and 'event' are used interchangeably, and it is assumed
herein that the discussion/requirements apply to amplified sound, although at times, non -
amplified acoustic sound needs to be considered as well.
At all times the Dunes will employ an engineer to monitor sound, and act as the receiving point
for sound complaints.
Level 1 Events (less than 1,000 people and/or events employing a small sound system) can
employ a qualified Dunes sound monitor. All large events will require a qualified sound
monitor with an understanding of measurement technique, sound systems and acoustics, supplied
by SMF.
The Dunes is to work with SMF, prior to booking entertainment or event, to help insure that
entertainment is suitable (acoustically) for the Dunes environment.
All Dunes events will utilize sound equipment as specified by SMF. All sound equipment used
will be designed by SMF and supplied by the Dunes sound vendor (selected by SMF). No
outside sound equipment is permitted, including stage monitors.
The Dunes sound vendor will supply a system engineer, solely responsive to the Dunes sound
monitor, for all events. The system engineer will be responsible for level control, independent
from the entertainments engineer(s).
All visiting acts and engineers will be made aware of the fact that the Dunes is in a highly noise
sensitive area, and noise control is of paramount importance.
Sound sources will point away from the Bay, largely focused to the direction of Pacific Coast
Highway.
Noise control barriers will be used at all times, as specified by SMF.
Allowable venue sound levels are based on the following:
1) At all times reasonably audible noise and measured levels- in the housing areas- take
precedence over levels in the venue, as determined solely by the Dunes sound monitor. If, in
29 Sound Media Fusion, LLC. 1/25/2016
12-49
the opinion of the Dunes sound monitor, levels need to be adjusted, the Dunes sound
engineer must comply, and take all necessary actions to insure reasonably immediate
compliance. At no time, in any residential monitoring area, are measured levels to exceed 55
dB, A weighted over an average 15 minute window (Leg15) from 7 AM to 10 PM, and no
higher than 50 dB, A weighted, from 10 M to 2 AM. Sound is not allowed past 11 PM,
unless permitted by the conditional use permit or specifically and separately approved by a
special event permit. Under no circumstances is sound allowed past 2 AM.
2) As a reference, allowable levels in the venue, measured at a distance of 40 feet from the front
of the sound system- left and right and from stage center, are not to exceed averages of 93 dB,
Z weighted and at no time shall levels exceed peaks of 100 dB, Z weighted. The Dunes
sound monitor has sole discretion as to any allowable increase or variance in SPL.
3) Levels measured 30 feet from the sides and rear of the stage area and/or event area, are not to
exceed averages of 85 dB, Z weighted, at any time.
4) If more than one entertainment venue is being used simultaneously with another venue,
levels will be adjusted:
a. Two entertainers, all levels will be turned down by 3 dB.
b. Three entertainers, all levels will be turned down by 5 dB.
c. Four entertainers, all levels will be turned down by 6 dB.
d. Five entertainers, all levels will be turned down by 7 dB.
e. Six entertainers, all levels will be turned down by 8 dB.
5) Levels are inclusive of the audience sound system, stage monitors and band equipment.
Level control process is from the Dunes sound monitor to the Dunes systems engineer.
Visiting sound engineers, representing the entertainment or event, don't have ultimate level
control.
6) The Dunes sound monitor will take readings during sound checks in the housing areas, as
well as the venue, in order to determine if additional noise mitigation steps are required.
The language in paragraphs one through six, above, must be included in all event/entertainment
contracts.
7) Sound systems will be broken down into three basic types:
For Level 2 and Level 3 events (attendance of more than 1,000 people), a small line
array system is to be used in order to control the vertical energy emitted by the
system. The exact system detail will be determined at a later date, something such
as an 8 box, small format system is expected. The system will fly. The system will
be effectively high -passed, to go no lower than 100 Hz. In no case will the system
horizontal dispersion be more than 90 degrees per side.
The rear of the line array system may require sound blocking material, such as the
Mass Loaded Vinyl discussed herein, on page 27. Such barriers are to be provided
by the Dunes.
30 Sound Media Fusion, LLC. 1/25/2016
12-50
Subwoofers will be cardioid in terms of their emitted pattern, in order to minimize
rear energy, with the broadband, rear energy at least 10 dB less than front energy.
The subwoofer array will consist of no more than 4- 18" drivers per side.
Subwoofers will be high -passed at 60 Hz to minimize extreme low frequency
energy. Energy emitted by the subwoofers will spectrally match the energy emitted
by the line array, and at no time, will the low frequency energy emitted be
spectrally unbalanced compared to the line array, using pink noise as a
measurement source. Subwoofers will be driven as a system component- not from
an aux send, in order to keep the spectral balance and insure low frequency
compliance.
System set-up tuning will be performed by SMF and will not be adjusted by others
at anytime.
A sound mitigating structure of the type(s) discussed herein will be used, whether
the event is indoor or outdoor, and will consist, at minimum, of the closely coupled
structure discussed herein on page 27.
Additional acoustic barriers may be specified by SMF, behind drums and guitar rigs.
If at all possible, stage monitoring systems will utilize in -ear monitors, in order to
minimize stage volume.
If stage monitor speakers must be used, the following will apply:
-There are to be no side fill monitor speakers used.
-Drum monitor system cannot employ a separate subwoofer.
-Every effort will be taken to insure that reasonable stage monitor levels will be
used.
Sound system vendor is to supply an FOH SPL meter of a type specified by SMF,
and system engineer will insure compliance at all times, with ultimate authority
resting with the Dunes sound monitor, and levels may have to be reduced
depending on audible and measured housing area levels. At all times, the System
engineer will report directly to, and be responsive to, the Dunes sound monitor.
Entertainment providing it's own sound engineer will work in close coordination
with SMF and the Dunes sound vendor engineer in order to insure compliance.
Levels will be set by the Dunes sound monitor, and controlled by the Dunes system
engineer- NOT the entertainment engineer.
At all times, the Dunes sound monitor will be the sole determining body for level
compliance and the visiting engineer and the Dunes sound vendor engineer will
work closely with the Dunes sound monitor to insure compliance.
Sound checks/rehearsals will be as short as possible.
The Dunes sound monitor will make checks throughout all sound checks/rehearsals
and performances.
31 Sound Media Fusion, LLC. 1/25/2016
12-51
II. For Level 2 events (attendance of 1,000 to 5,000 people), a small line array, or,
ground stacked three-way system will be used, depending on exact event detail, as
determined by SMF. The exact system detail will be determined at a later date. The
system will be effectively high -passed, to go no lower than 100 Hz. In no case will
the system horizontal dispersion be more than 90 degrees per side.
The rear of the speaker system may require sound blocking material, such as the
Mass Loaded Vinyl discussed herein, on page 27. Such barriers are to be provided
by the Dunes.
Subwoofers will be cardioid in terms of their emitted pattern, in order to minimize
rear energy, with the broadband, rear energy at least 10 dB less than front energy.
The subwoofer array will consist of no more than 2- 18" drivers per side.
Subwoofers will be high -passed at 60 Hz to minimize extreme low frequency
energy. Energy emitted by the subwoofers will spectrally match the energy emitted
by the main array, and at no time, will the low frequency energy emitted be
spectrally unbalanced compared to the main system, using pink noise as a
measurement source. Subwoofers will be driven as a system component- not from
an aux send, in order to keep the spectral balance and insure low frequency
compliance.
System set-up tuning will be performed by SMF or Dunes sound vendor, on a case
by case basis and will not be adjusted by others at anytime.
A sound mitigating structure of the type(s) discussed herein will be used, whether
the event is indoor or outdoor, and will consist, at minimum, of the closely coupled
structure discussed herein on page 27, albeit in a possibly smaller construction, as
determined on a case by case basis.
Additional acoustic barriers may be specified by SMF, behind drums and guitar rigs.
If at all possible, stage monitoring systems will utilize in -ear monitors, in order to
minimize stage volume.
If stage monitor speakers must be used, the following will apply:
-There are to be no side fill monitor speakers used.
-Drum monitor system cannot employ a separate subwoofer.
-Every effort will be taken to insure that reasonable stage monitor levels will be
used.
Sound system vendor is to supply an FOH SPL meter of a type specified by SMF,
and system engineer will insure compliance at all times, with ultimate authority
resting with the Dunes sound monitor, and levels may have to be reduced
depending on audible and measured housing area levels. At all times, the System
engineer will report directly to, and be responsive to, the dunes sound monitor.
32 Sound Media Fusion, LLC. 1/25/2016
12-52
Entertainment providing it's own sound engineer will work in close coordination
with SMF and the Dunes sound vendor engineer in order to insure compliance.
Levels will be set by the Dunes sound monitor, and controlled by the Dunes system
engineer- NOT the entertainment engineer.
At all times, the Dunes sound monitor will be the sole determining body for levels
compliance and the visiting engineer and the Dunes sound vendor engineer will
work closely with the Dunes sound monitor to insure compliance.
Sound checks/rehearsals will be as short as possible.
The Dunes sound monitor will make checks throughout all sound checks/rehearsals
and performances.
III. For Level 1 events (attendance of less than 1,000 people), a small ground stacked
two or three-way system will be used, depending on exact event detail, as
determined by SMF. The exact system detail will be determined at a later date. The
system will be effectively high -passed, to go no lower than 90 Hz. In no case will
the system horizontal dispersion be more than 90 degrees per side.
The rear of the speaker system may require sound blocking material, such as the
Mass Loaded Vinyl discussed herein, on page 27. Such barriers are to be provided
by the Dunes.
Subwoofers will be cardioid in terms of their emitted pattern, in order to minimize
rear energy, with the broadband, rear energy at least 10 dB less than front energy.
The subwoofer array will consist of no more than 1- 18" driver per side.
Subwoofers will be high -passed at 60 Hz to minimize extreme low frequency
energy. Energy emitted by the subwoofers will spectrally match the energy emitted
by the line array, and at no time, will the low frequency energy emitted be
spectrally unbalanced compared to the main system, using pink noise as a
measurement source. Subwoofers will be driven as a system component- not from
an aux send, in order to keep the spectral balance and insure low frequency
compliance.
System set-up tuning will be performed by the Dunes sound vendor and will not be
adjusted by others at anytime.
A smaller, simplified sound mitigating structure of the type(s) discussed herein will
be used, whether the event is indoor or outdoor, and will consist, at minimum, of
the closely coupled structure discussed herein on page 27.
Additional acoustic barriers may be specified by SMF, behind drums and guitar rigs.
If stage monitor speakers must be used, the following will apply:
-There are to be no side fill monitor speakers used.
-Drum monitor system cannot employ a separate subwoofer.
33 Sound Media Fusion, LLC. 1/25/2016
12-53
-Every effort will be taken to insure that reasonable stage monitor levels will be
used.
Sound system vendor is to supply an FOH SPL meter of a type specified by SMF,
and system engineer will insure compliance at all times, with ultimate authority
resting with the Dunes sound monitor, and levels may have to be reduced
depending on audible and measured housing area levels. At all times, the System
engineer will report directly to, and be responsive to, the dunes sound monitor.
Entertainment providing it's own sound engineer will work in close coordination
with SMF and the Dunes sound vendor engineer in order to insure compliance.
Levels will be set by the Dunes sound monitor, and controlled by the Dunes system
engineer- NOT the entertainment engineer.
At all times, the Dunes sound monitor will be the sole determining body for levels
compliance and the visiting engineer and the Dunes sound vendor engineer will
work closely with the Dunes sound monitor to insure compliance.
Sound checks/rehearsals will be as short as possible.
The Dunes sound monitor will make checks throughout all sound checks/rehearsals
and performances.
8) Noise monitoring will address all housing areas potentially impacted by a given event, with
specific focus on the Dover Shores housing areas.
The primary challenge in the Dover Shores housings areas is the fact that publicly accessible
monitoring locations don't necessarily reflect the sound heard by the community, either inside or
outside their homes, especially the homes with a rear area close to the water.
Our results indicated, on two occasions, with one specific residence, that we could hear and
measure more sound at the rear of a home, near the water, than we could hear or measure in
normally accessible monitoring areas.
The acoustic environment at the area of a home on the water is completely different than the
publicly accessible noise monitoring locations we have identified and used
This is particularly problematic and will require further discussions.
One could assume the solution would be to simply change the maximum housing area noise
limits to a lower level to solve this challenge.
This won't necessarily solve the problem, as the noise could very well be at different levels
depending on refraction (as discussed earlier) and other variables, from one day to another.
We believe the best approach is to follow all procedures outlined herein, especially regarding
acoustic barriers, in order to asses the situation further.
34 Sound Media Fusion, LLC. 1/25/2016
12-54
More testing needs to be performed over time to determine if we can arrive at a reliable
correlation between the sound heard and measured at the rear of a home and the sound heard and
measured at one of our identified monitoring locations.
Our typical monitoring areas are:
1', n � T'A-I-.-:- A IC_.....:— 0-
2) At Polaris and North Star
35 Sound Media Fusion, LLC. 1/25/2016
12-55
4) Near the Dunes Bridge
Noise is to be monitored at the locations identified above, at a minimum.
In addition, noise is to be monitored on Back Bay Road, near the Back Bay Bistro entrance
gate.
Much work remains to be done, and will consist of -
1)
£
1) Continuing to listen and monitor to insure compliance.
36 Sound Media Fusion, LLC. 1/25/2016
12-56
2) Continue to further develop means of acoustic control through noise barriers and other
possible means.
3) Work with the Dunes prior to any events, in order to determine the best type of sound
system to use, along with appropriate acoustic means of mitigation to be used.
4) Continue to refine the exact type of sound equipment to be used.
5) Continue community communications.
We appreciate the opportunity to deliver this report and we wish to express our desire to
continue our work.
Gary Hardesty, Principal Consultant- Sound Media fusion, LLC.
37 Sound Media Fusion, LLC. 1/25/2016
12-57
ATTACHEMENT A
38 Sound Media Fusion, LLC. 1/25/2016
12-58
The Dunes
Newport Beach, California
Noise Mitigation Tests
September 16, 2015
Sound Media Fusion, LLC. (SMF)
Van Nuys, California
Gary Hardesty
(1) 818-482-0193
Audiomicro42@gmail.com
12-59
As a first step to true sound mitigation, SMF has worked over the last few weeks with Dunes
personnel to create a noise mitigation wall.
The wall was designed using steel cargo containers, stacked two high by three long, enabling a wall
structure approximately 100 feet long, by 20 feet tall.
The intent was for the wall to be placed in the same area, near the berm, as the tent structure is
place for shows/stages.
The design is such that the bulk of the frequency range of music would be mitigated, to
approximately 15 dB, down to a frequency of approximately 120 Hz. behind the wall, and,
approximately the same attenuation in the line of sight housing areas.
The wall was erected the week of September 14, 2015.
The day of September 16, SMF was on site for the set-up and testing.
Tests consisted of two identical speaker systems:
1) One placed in the open, facing the housing areas. This was the reference speaker, used to
determine a high level of sound, much higher than compliance would allow, in the housing
areas, in order to act as a comparative reference.
2) Second placed, in between wall and houses, approximately where it would be placed if the
tent and stage were in place for a show ... facing the housing areas. This allows a
measurement between the reference speakers and the mitigated speakers.
3) Both speaker systems were operated at exactly the same level, with the difference in level
between the two equaling the effective mitigation performed by the wall, acting as an acoustic
barrier.
The intention was to create a worst case scenario, whereby the speakers were facing houses directly,
and, were run at a considerably higher level than they would be for a show.
Speaker systems were run at 105 dB, measured at a distance of 40 feet. This level was chosen to
make the reference speaker noise clearly audible above ambient noise, in the housing areas, for the
purposes of this test.
In the near filed, measuring the level of sound, using pink noise, and reference frequency sweeps,
along with a female voice, showed an attenuation of 16 dB- somewhat better attenuation than was
predicted.
Effective attenuation was maintained, in the near filed, down to approximately 100 Hz. (note that
there were sound leaks between containers and a significant gap between the berm and the first
containers, all of which allowed considerable sound to escape).
SMF tested at multiple areas in the housing areas.
12-60
Findings were such that the wall made the test signals and noise nearly inaudible compared to the
highly audible reference speaker sound.
Measuring the sound showed the same result: levels were approximately 14 dB lower using the wall.
This is a significant test, which shows that using such an acoustic wall can definitely and dramatically
improve noise mitigation in the housing areas.
Human voice virtually disappeared compared to the reference speaker, which was highly audible.
SMF recommends that such a wall be used for all upcoming shows and events.
SMF will require more work to be done, which includes sealing the air gaps from container to
container, as well as closing the gap with another wall, between the first container and the berm.
Such work will further insure improved mitigation, at lower frequencies and overall better mitigation
at all frequencies.
SMF will also request acoustic absorption material be applied to the container walls facing the
tent/stage- in order to avoid sound reflections into other housing areas.
For the upcoming Marine Ball, the wall as put in place, is likely sufficient for the event.
This testing acts as a first step towards further mitigation work.
In addition, SMF will continue to work to:
1. Briefly define the sound systems for the various events (small, medium and large). This will
help to control directivity and describe low frequency (bass) mitigation design.
2. Define max SPL levels allowed at:
o Front of House (FOH) mix location.
0 75 feet behind, left and right of the stage.
0 200 feet from venue in 4 directions, with the stage at the center.
o Nearest housing area or hotel.
3. Review existing noise ordinances and make sure the definitions (above) are below the allowed
max levels, to give us some headroom' in case of any issues.
4. Define SPL measurement equipment to be placed at the FOH location.
5. Create a document that becomes part of the contract between performers/sound Company
and Dunes to ensure agreement with new policies.
6. Act as the noise mitigation expert on site during large events, to properly mitigate noise
through communication with FOH sound engineer and listening/monitoring in defined areas.
7. Stakeholder meetings to inform them of the new procedures to start developing trust and
provide a direct communication path (if desired).
8. Provide a written and documented report following each major event.
It is recommended that SMF be on site for a variety of events, large and small, for at least the next
season, in order to further study noise and mitigation required.
12-61
Attachment 6
Newport Dunes Resort Site Plan
12-62
m"Ill"
EMMWMC
EAMDE
DRiVE
J]
Afp�p_ MARINA OFF�CE
-41 MARl Clu--s-H01 E
C"p
AMES
upp
eoll BOAT
0ow
STORAGE
PAVILION
E
p
_-rl
AM -1
#22 1
Dog Run ---
N�W�O�T DUNS
A W4LTEPPRONT PESO'RT & MAPINA
(949)729-3863
MOVIES
ON THE
BEACH
BOAT"
RENTAL
—STAND
Ift'-A
All
#20
Cl
M
REACIU--
RES Irn 0 0 A@
#24 (:4
A
V
I ff�E
CONEY
ISLAND
DOCKSDE ROOM
BOAT
STORAGE
TO ECOLOGICAL
RESERVE
/* BACK BA
HARBORSIDEBISTR5
1.\Jl ROOM
RV
BOAT & CAR
WASH AREA
--):BOAT
TRAILER
PARKING
N"
SITES
tj IIBEACHFRONT CORNER
Pul I - i n (25r x 50')
BEACHIFRONT CORNER
BOAT LAUNCH [ oo ooSock-in (25' x 501
ENTRANCE
SEACHIFRONT
ohill-in f9j;, v'
PAVIU03
BEACHFRONT
PAVILION Rome So& -in (2 5' x 501
CORNER
NG L Back- in (25' x 40')
:r iSELECr
4 l0000 (2 5' x 401),
Cl
Cl PREFERRED
C3LARGE
8 (2 5-' x 40'1
CT II ,
aI ION 15 SMALL
7 (25' x 25'1
Ac OL
SUPERSITE
0000 (30' x 45'1
12 -
Beachfront
0000 co7rAGE
PW(ILION/I �j r I I I Large
0000 COTTAGE
0000 Studio I
COTrjGE
A /VIDA TenVRV
25'x 30'
WIND & SEA
AMEW ROOM
COE
'�A
A
vor.0-m
PR - IUM
i0l ei MAIN EN'TRANCE
1! .410 A SECURIrr
'CHECK4N
MNX OFFICE
PARMJYC. A REOISTRATi,014
VIALLAGE
trNTE A
jo
- POOL & SPA
CLUBHOUSE
CONFERENCE ROOAA
k9CREAtION ROOM
LAUNDRY ROOM
FITNESS ROOM
AEGEMD
RESTAURANT
RESTROOMS
rj SHOWERS
FMIS BIKE PATH
TRASH
RECEPTACLES
PACIFIC COAST HIGHWAY
12-63
Attachment C
February 3, 2016 Planning Commission Staff
Report
12-64
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 3, 2016 Meeting
Agenda Item 2
SUBJECT: Newport Dunes Resort Events (PA2014-170)
■ Conditional Use Permit No. UP2015-021
APPLICANT: Newport Dunes Resort and Marina
OWNER: Newport Dunes Resort and Marina
PLANNER: Patrick Alford, Planning Manager
(949) 644-3235, palford@newportbeachca.gov
PROJECT SUMMARY
A conditional use permit application to allow a maximum of 500 Level 1 (less than
1,000 attendees) special events annually on the subject property without a special event
permit: a maximum of thirty (30) Level 1 special events per month during the months of
January through April and November and a maximum of fifty (50) Level 1 special events
per month during the months of May through October and December. In addition, a
maximum of 14 Level 2 (1,000 to 5,000 attendees) and/or Level 3 (more than 5,000
attendees) special events would be permitted annually with a special event permit. The
application also includes a noise level monitoring and mitigation program.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. approving Conditional Use Permit No. UP2015-021
(Attachment No. PC 1).
-- 12-65
2 12-f6
Newport Dunes Resort Events
February 3, 2016
Page 2
VICINITY MAP
GENERAL PLAN
ZONING
CURRENT USE
ON-SITE
PR (Parks and
i
r• i
Aquatic park
Recreation)
Community)
J / /`,lig ! � •ti �` `
[ !� -/ •�
R-1 6000 (Single -Unit
Single -unit dwellings
FIROJECT SITE -
f
Residential)
i ;NEWPORT
OS (OSpace)
i DUNES.; •:'J
Perk
F7
Co
EAST
RM (Multiple Residential)
PC -1 (Planned
Mobile home park
GENERAL PLAN
Community)
ZONING
WEST
CV (Visitor -Serving
CV (Visitor -Serving
Hotel
Commercial)
Commercial)
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON-SITE
PR (Parks and
PC -48 (Planned
Aquatic park
Recreation)
Community)
NORTH
RS -D (Single -Unit
R-1 6000 (Single -Unit
Single -unit dwellings
Residential Detached)
Residential)
SOUTH
OS (OSpace)
(Planned
5cpen
P_ommunity)
Perk
F7
Co
EAST
RM (Multiple Residential)
PC -1 (Planned
Mobile home park
Community)
WEST
CV (Visitor -Serving
CV (Visitor -Serving
Hotel
Commercial)
Commercial)
S 12-67
Newport Dunes Resort Events
February 3, 2016
Page 3
INTRODUCTION
Project Setting
The Newport Dunes Resort and Marina is located on approximately 100 acres of State
tidelands property on the Upper Newport Bay held in trust by the County of Orange and
leased to the applicant. The site is an aquatic park intended for recreational and visitor -
serving uses. The site is currently developed with a 406 -space recreational vehicle park,
a 450 -slip marina, a restaurant; dry boat storage, boat launching facilities, surface
parking, and beach day use facilities (see Attachment No. PC 2).
Project Description
The proposed conditional use permit (CUP) application would allow up to 500 Level 1
(see Table 1 below) special events without a special event permit, and up to 14 Level 2
and/or Level 3 special events annually and to establish a noise level monitoring and
mitigation program. The applicant originally requested an unlimited number of Level 1
events, but after discussions with city staff, the applicant has agreed to limit it to 500.
Background
Settlement Agreement
In 1983, the City, the County of Orange, and Newport Dunes, Inc. (predecessor to
Waterfront Resort Properties, L.P. and Newport Dunes Marina L.L.C.) signed a
settlement agreement to resolve jurisdictional and entitlement disputes relating to the
development of the Newport Dunes Resort. The Settlement Agreement (last amended
in 2012) establishes land use and development entitlements at the Newport Dunes
Resort.
The Settlement Agreement provides for a 14,000 -square -foot temporary enclosure in
the in boat trailer parking area (identified as "Bayside Pavilion" in Attachment No. PC 2).
This temporary enclosure is permitted to remain in place for up to 180 days during any
12 -month period.
Special Events
Events, such as concerts, sporting events, festivals and fairs, vehicle and boat shows,
firework displays and other outdoor events require a special event permit approved by
the Recreation and Senior Services Director. In 2015, the Recreation and Senior
Services Department processed 436 special event permit applications citywide. Special
event permit procedures are contained in Chapter 11.03 of the Newport Beach
Municipal Code (NBMC) (Attachment No. PC 3).
12-68
Newport Dunes Resort Events
February 3, 2016
Page 4
The Recreation and Senior Services Department classifies an event as Level 1, 2, or 3,
depending on its duration and attendance size and whether or not it involves road
closures or City services:
TABLE 1
Special Event Classifications
Event involves any of these Level 1
characteristics
Level 2
Level 3
Duration Das 1
1-4
4+
Attendance <1000
1000-5000
5000+
Road/Travel Lane Closures No
Yes
Yes
Occurs in Public Right -of -Way ---
Yes
---
Requires Traffic Control No
---
Yes
Police or Code Enforcement Required No
Limited
Yes
Requires Noise Monitoring No
No
Yes
1. Duration includes setup and breakdown time.
2. Attendance is the estimated total number of attendees over the course of the event.
The Planning Commission has found that special events can be considered an
accessory use (i.e., a use that is clearly incidental and secondary to, a principal use). In
2002, the Planning Commission found that the Summer Jazz Series at the Hyatt
Regency was "ancillary" to the normal operations of the existing resort hotel facility and
approved a conditional use permit allowing the concert series with restrictions. The
conditional use permit exempts the Summer Jazz Series from the special event permit
required under NBMC Subsection 11.03.020.0 (Exempt Activities).
DISCUSSION
Analysis
Current Events Activities
In 2015, the City received 155 permit applications' for special events at the Newport
Dunes Resort. Most of these events are conducted in the outdoor pavilions and
cabanas that ring the Swimming Lagoon or inside the meeting rooms at the Village
Center. Approximately ten events were conducted in the Bayside Pavilion tent.
The peak months for events were May through September. The majority of events had
200 attendees or less. Approximately 11 percent had more than 500 attendees. There
were only three events that had more than 1,000 attendees:
Includes three (3) multiple -day events.
5 12-69
Newport Dunes Resort Events
February 3, 2016
Page 5
Over two-thirds of the events occurred on Fridays and Saturdays. Approximately 60
percent of events had end times before 9:00 p.m. Only two events had end times after
10:00 p.m., the Marine Corps. Ball at 11:30 p.m. (11110115) and the New Year's Eve
event at 1:15 a.m. (12131115).
Charts detailing 2014 and 2015 event data are provided in Attachment PC -4.
Proposed Event Activities
If approved, the CUP would allow up to 500 Level 1 events each year. Up to 30 Level 1
events would be allowed per month during the months of January through April and
November and up to 50 Level 1 events would be allowed per month during the months
of May through October and December. In addition, up to 14 Level 2 or Level 3 events
would be allowed each year with the approval of special event permits. Although the
number of yearly and monthly events proposed is significantly higher than the current
levels, it should be noted that neither the NBMC Chapter 11.03 (Special Events) nor the
Settlement Agreement set a limit on the number of special events. Furthermore, NBMC
Section 11.03.040.6 allows an applicant to apply for up to 20 special events under a
single bundled special event permit and there is no limit as to the number of bundled
special event permits a venue can apply for in a given year.
The CUP would also place certain restrictions on the events that are not required by
City regulations, or have been imposed through the special event permit application.
Amplified Sound/Event Curfew. The use of amplified sound would be restricted to the
hours of the "sound curfew" that the applicant has voluntarily abided by since May 2015.
The use of amplified sound would not begin before 7:00 a.m. on weekdays and
Saturdays and 8:00 a.m. on Sundays and federal holidays. The use of amplified sound
and events would have the following schedule -
0 12-70
TABLE 2
2015 NDR Events With Estimated
Attendance Greater Than 1040
Date
Event Name
Est`
Attendees
06/20/15
O.C. Weekly Summerfest
1,500
07/04115
Fourth of July Fireworks Display
5,000
12/23/15
Beach Cities Church
3,000
Over two-thirds of the events occurred on Fridays and Saturdays. Approximately 60
percent of events had end times before 9:00 p.m. Only two events had end times after
10:00 p.m., the Marine Corps. Ball at 11:30 p.m. (11110115) and the New Year's Eve
event at 1:15 a.m. (12131115).
Charts detailing 2014 and 2015 event data are provided in Attachment PC -4.
Proposed Event Activities
If approved, the CUP would allow up to 500 Level 1 events each year. Up to 30 Level 1
events would be allowed per month during the months of January through April and
November and up to 50 Level 1 events would be allowed per month during the months
of May through October and December. In addition, up to 14 Level 2 or Level 3 events
would be allowed each year with the approval of special event permits. Although the
number of yearly and monthly events proposed is significantly higher than the current
levels, it should be noted that neither the NBMC Chapter 11.03 (Special Events) nor the
Settlement Agreement set a limit on the number of special events. Furthermore, NBMC
Section 11.03.040.6 allows an applicant to apply for up to 20 special events under a
single bundled special event permit and there is no limit as to the number of bundled
special event permits a venue can apply for in a given year.
The CUP would also place certain restrictions on the events that are not required by
City regulations, or have been imposed through the special event permit application.
Amplified Sound/Event Curfew. The use of amplified sound would be restricted to the
hours of the "sound curfew" that the applicant has voluntarily abided by since May 2015.
The use of amplified sound would not begin before 7:00 a.m. on weekdays and
Saturdays and 8:00 a.m. on Sundays and federal holidays. The use of amplified sound
and events would have the following schedule -
0 12-70
Newport Dunes Resort Events
February 3, 2016
Page 6
TABLE 3
Proposed NDR Event Time Restrictions
Latest
Latest
Dates
Amplified
Event End
Sound
Time
End Time
Sunday through Thursday, except on NMUSD holidays and
9:00 P.M.
during NMUSD recesses
Weekdays and Weekends on NMUSD holidays and during
10:00 P.M.
NMUSD recesses
Independence Da Jul 4
10:30 p.m. 11:00 P.M.
Marine Cors Birthday November 10
11:15 p.m. 11:30 p.m.
12:30 a.m. 1:15 a.m.
New Year's Eve (December 31)
on New on New
Year's Day Year's Day
1. The event end time shall mean the time when the event activities have ceased
and all attendees have exited the site. The event end time does not include post -
event clean-up and breakdown.
Newport Mesa Unified School District (NMUSD) holidays and recesses would be
determined by the current official calendar approved by the NMUSD Board of
Education.
Professional Sound Monitoring and Reporting. The applicant would be required to
reimburse the City for costs and expenses associated with providing a professional
sound monitor on site for Level 2 and Level 3 events.
Sound Level Monitoring and Mitigation. The use of amplified sound would be required to
comply with the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol
(see Attachment No. PC -5) to insure that sound generated by the project site does not
exceed the noise standards of NBMC Chapter 10.26 (Community Noise Control).
Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol
The City retained Sound Media Fusion to study and develop a sound monitoring and
mitigation program for the Newport Dunes Resort. The goal is develop a program of
physical sound attenuation structures and operational protocols that would be employed
during events to ensure that noise levels in the surrounding areas comply with City
standards. The key components of the Newport Dunes Noise Mitigation Report and
Noise Mitigation Protocol (Attachment No. PC -5) include:
1) Erect sound attenuation walls, consisting of special acoustic plastic and heavy
velour theatrical curtains, adjacent to the Bayside Pavilion, and other event
locations, during events.
2) Require a qualified, City -contracted sound monitor at all Level 2 and 3.
7 12-71
Newport Dunes Resort Events
February 3, 2016
Page 7
3) Require a qualified, Newport Dunes Resort sound monitor at all Level 1 events.
4) Require a City -contracted sound monitor to approve all sound equipment as
acoustically suitable for the Newport Dunes Resort sound environment prior to
booking entertainment or an event.
5) Require all sound equipment to be supplied by the Newport Dunes Resort sound
vendor and prohibiting outside sound equipment.
6) Provide a Newport Dunes Resort system engineer to monitor events and be
responsible for level control, independent from the entertainment's engineer(s).
The Newport Dunes Resort engineer will also serve as the receiving point for
sound complaints.
7) Establish maximum venue sound levels, consistent with the Newport Beach
Municipal Code.
Required Findings
Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach
Municipal Code, the Planning Commission must make the following findings in order to
approve a conditional use permit:
1. The use is consistent with the General Plan and any applicable Specific Plan;
2. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the use are
compatible with the allowed uses in the vicinity;
4. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities, and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
The PR (Parks and Recreation) designation applies to land used or proposed for active
public or private recreational use. The project site is an aquatic park and serves as a
venue for festivals, concerts, weddings, parties, and other public and private events.
12-72
Newport Dunes Resort Events
February 3, 2016
Page 8
The use of park and recreational facilities for occasional use as venue is consistent with
the PR designation.
The PC Zoning District is intended to provide for areas appropriate for the development
of coordinated, comprehensive projects that result in a superior environment; to allow
diversification of land uses as they relate to each other in a physical and environmental
arrangement while maintaining the spirit and intent of the Zoning Code. The project site
has been used as a venue for public and private gatherings with the approval of special
event permits prior to the establishment of the PC Zoning District on the project site in
1996. The project site does not have an approved development plan. Section 20.56.030
(PC District—Land Use Regulations) of the Zoning Code allows uses existing at the
time of the established of the PC District to continue as nonconforming uses, in
compliance with Chapter 20.38 (Nonconforming Uses and Structures). Subsection
20.38.050.A of the Zoning Code allows nonconforming uses to be expanded or
intensified subject to the approval of a conditional use permit.
Special events conducted on the project site are an accessory use to the principal use
of the project site, an aquatic park. The project includes conditions of approval to ensure
that special events continue to be incidental and secondary to the aquatic park.
The project site is a 100 -acre aquatic park with facilities for public and private
gatherings including, meeting rooms, pavilions, cabanas, tables and benches, picnic
areas, and restrooms. It contains over 800 parking spaces in the Day Use Parking Lot
and 654 parking spaces in the Marina/Overflow Parking Lot, which has been sufficient
to accommodate the largest events. Adequate vehicle access is provided from Back
Bay Drive via a four lane access drive. The project is conditioned to implement the
Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol, which
establishes noise control protocols for all events that involve the use of amplified sound,
including from portable sound amplification or music producing devices, to insure that
noise generated by events do not exceed the City noise standards.
Adequate public and emergency vehicle access, public services, and utilities are
provided to the project site. The Public Works Department, Building Division, and Fire
Department have reviewed the project and provided conditions of approval so as to
maintain adequate access, public services, and utilities to the existing development.
Level 1 events are routine, one -day events that do not require the presence of City
personnel or traffic control plans, which, under the terms of this permit, will not
endanger, jeopardize, or otherwise constitute a hazard to the public convenience,
health, interest, safety, or general welfare of persons residing or working in the
neighborhood. Level 2 and 3 events will continue to be required to apply for a special
event permits pursuant to NBMC Chapter 11.03 (Special Events) of the Newport Beach
Municipal Code. Such applications will be reviewed by the Recreation and Senior
Services Department and other City departments to determine reasonable terms and
requirements necessary for the protection of persons and property.
`� 12-73
Newport Dunes Resort Events
February 3, 2016
Page 9
Alternatives
Staff believes that the findings for approval can be made for the proposed addition and
the facts in support of the required findings are presented in the draft resolution
(Attachment No. PC 1). The following alternatives are available to the Planning
Commission:
1. The Planning Commission may suggest specific changes that are necessary to
alleviate any concerns. If any additional requested changes are substantial, the
item could be continued to a future meeting. Should the Planning Commission
choose to do so, staff will return with a revised resolution incorporating new
findings and/or conditions.
2. If the Planning Commission believes that there are insufficient facts to support
the findings for approval, the Planning Commission may deny the application and
provide facts in support of denial to be included in the attached draft resolution
for denial (Attachment No. PC 6).
Environmental Review
The project is categorically exempt pursuant to Title 14 of the California Code of
Regulations (Section 15323, Article 19 of Chapter 3, Guidelines for Implementation of
the California Environmental Quality Act) under Class 23 (Normal Operations of
Facilities for Public Gatherings). The Class 23 exemption consists of the normal
operations of existing facilities for public gatherings for which the facilities were
designed, where there is a past history of the facility being used for the same or similar
kind of purpose. Facilities included within this exemption include, but are not limited to,
racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums,
swimming pools, and amusement parks.
The project site is an aquatic park with facilities for public gatherings including, meeting
rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms. The
project site has a past history as a venue for public gatherings, including festivals,
concerts, weddings, parties, and other public and private events. Over the past four
years, the project site has been a venue for 94 to 158 events annually and there is a
reasonable expectation that, under the terms of the conditional use permit, the future
occurrence of these events would not represent a change in the operation of the facility.
Public Notice
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways) including the applicant and ,posted on the subject property at least
10 days before the scheduled meeting, consistent with the provisions of the Municipal
10 12-74
Newport Dunes Resort Events
February 3, 2016
Page 10
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
Prepared by:
Submitted by:
t
{
Patrick J. Alford, Planning Program Manager 'Br6n6la Wisn
ATTACHMENTS
P, Deputy Director
PC 1 Draft Resolution
PC 2 Newport Dunes Resort Site Plan
PC 3 NBMC Chapter 11.03
PC 4 2014 and 2015 NDR Events
PC 5 Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol
PC 6 Draft Resolution for Denial
1-1 12-75
Attachment D
February 3, 2016 Planning Commission
Minutes
12-76
IV.
V.
VI.
VII.
CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES
Council Chambers — 100 Civic Center Drive
Thursday, February 3, 2016
SPECIAL MEETING
6:30 p.m.
CALL TO ORDER - The meeting was called to order at 6:36 p.m.
PLEDGE OF ALLEGIANCE — Chair Kramer
ROLL CALL
PRESENT: Brown, Kramer, Koetting, Lawler, Weigand, Zak
ABSENT (Excused): Hillgren
Staff Present: Deputy Community Development Director Brenda Wisnesk; Assistant City Attorney Michael
Torres; City Traffic Engineer Tony Brine; Newport Beach Police Sergeant Rachel Johnson; Police Civilian
Investigator Wendy Joe; Planning Program Manager Patrick Alford; Administrative Support Specialist Jennifer
Biddle; Administrative Support Technician Traci Mackinen
PUBLIC COMMENTS
Jim Mosher spoke regarding Item No. 4 (Review of policy related to submittal of written comments and
documents) and hoped that when the item comes up, the Commission will invite public comments. Additionally,
he pointed out that at the last City Council meeting, the Mayor requested that Council consider the possibility of
televising Planning Commission meetings so that they will be seen by a wider audience.
REQUEST FOR CONTINUANCES - None
CONSENT ITEMS
ITEM NO. 1 MINUTES OF JANUARY 21, 2016
Recommended Action: Approve and file
Since Commissioner Hillgren is absent and Commissioner Zak, Vice Chair Brown and Chair Kramer were
absent on January 21, 2616, and were not able to listen to the meeting audio, there was no quorum for approval
of the January 21, 2616, meeting minutes. Therefore, this item was continued to the next, regularly scheduled
meeting of the Planning Commission..
Motion made by Chair Kramer and seconded by Vice Chair Brown to continue approval of the January 21,
2616, meeting minutes to the next regularly -scheduled Planning Commission meeting.
AYES: Brown, Kramer, Koettng, Lawler, Weigand, Zak
ABSTAIN: None
ABSENT: Hillgren
PUBLIC HEARING ITEMS
ITEM NO. 2 NEWPORT DUNES RESORT SPECIAL EVENTS (PA2016-084)
1131 Back Bay Drive
Vice Chair Brown reported that he serves as the Chair of the Board of Directors for the Foundation that puts on
the Lobster Fest each year at the Dunes, he recused himself from hearing this matter and departed the
Chambers.
Planning Program Manager Patrick Alford provided details in a PowerPoint presentation. He addressed the
Special Events application process and its intent and location of the project. He presented a proposed
Conditional Use Permit (CIDP) that would require a Special Event Permit for Level 1 events on an interim basis
Page 1 of 7
12-77
NEWPORT BEACH PLANNING COMMISSION MINUTES
2/3/16
until there is an amendment to Title 11 of the Municipal Code to clarify that such events can be exempted
through the CUP process. He added that the project includes a noise -mitigation program, which will be
addressed later. Planning Program Manager Alford addressed surrounding uses, site plan, government of
special events, in general, number of permits issued last year, classifications of special events, location of
special events at the Dunes, increase in the number of special events, size of events, new categories of special
events and when they would occur, sound curfews, sound mitigation protocol, the CEQA exemption and
findings. He introduced the City's Noise Consultant, Gary Hardesty, and deferred to him for a report.
Gary Hardesty, the City's noise consultant, Sound Media Fusion, provided information on his experience and
qualifications as well as a report of his findings relative to noise in connection with the Dunes Resort. He
addressed where sound was monitored from, changes made as a result of his studies, and recommendations.
In reply to Chair Kramer's inquiry, Mr. Hardesty addressed potential locations of sound barriers. In terms of who
monitors the sound during events, Planning Program Manager Alford reported that for large events, Mr. Hardesty
would be on-site and would report to the City. A Dunes Resort employee, trained by Mr. Hardesty, would
monitor noise for smaller events, in most cases.
Mr. Hardesty reported that prior to every event; he will be involved with the Dunes Resort to ensure that he is in
agreement with the type of sound equipment being used. All of the sound equipment will be provided, based on
Mr. Hardesty's design, by the Dunes Resort and, he listed his on-going scope of work.
Chair Kramer opened the public hearing and invited the applicant to address the Planning Commission.
Andrew Theodorou, Vice President and General Manager of the Newport Dunes, reported working with staff and
Mr. Hardesty to develop a plan to mitigate sound. He commented positively about having Mr. Hardesty on the
team to help manage sound for special events.
In reply to Commissioner Koetting's question, Mr. Theodorou reported on the number of special events held
during the last few years and stated there will be no more than 500 events held in one year. He added that the
majority of events are not noisy and provided examples of amplified sound events.
In response to Commissioner Zak's question, Mr. Theodorou reported that the Dunes is an event center and has
the infrastructure for large events.
Mr. Theodorou noted that they want to grow and get back to where the Dunes Resort was prior to the recession.
Discussion followed regarding the need to obtain a special event permit for each event.
Deputy Community Development Director Wisneski reported that the purpose of the Conditional Use Permit is to
eliminate the need for a special event permit for Level 1 events.
In response to Chair Kramer's question as to why this was not addressed previously, Planning Program
Manager Alford explained that the City has been approached by members of the surrounding residential areas
asking the City to address the noise issue. He stated that it was determined that the best way to handle the
matter was to have a protocol addressing all levels of events to ensure that the City's noise ordinance is adhered
to.
Mr. Theodorou stated they want to be good neighbors and will work with the City to ensure that everyone is
happy.
Gail Jones, Dover Shores, reported that sound from the Dunes, has increased, over the years. She stated that
loud speakers can be heard, even during small events, and felt there should be a limit on the number of events
allowed. She opined that every event should have a permit as it would allow for a review and monitoring of the
event. Ms. Jones commented on the impacts to her every -day life, especially during the summer. Additionally,
she stated that if residents cannot enjoy their own property, the City is not concerned with the interests of its
residents and that they already are burdened with the noise from the airport.
Page 2 of 7
12-78
NEWPORT BEACH PLANNING COMMISSION MINUTES
2/3/16
Jim Mosher referenced his written comments and asserted that the Planning Commission does not have the
authority to approve what it is being asked to approve at this time. He referenced Chapter 11.3 of the Municipal
Code noting it was specifically enacted to regulate the Special Event permitting process at the Dunes and similar
venues. He added that it enacted a system of pre -event planning rather than post -event reporting. He
referenced Finding B of the Resolution and reiterated that the Commission cannot make that finding.
Ron Weinstein, President of Dover Shores Home Owners Association, stated that the number of events should
be more realistic and tolerable than the stated allowance of 514 events. He asserted that there is no Code
Enforcement and no noise monitoring for Level 1 events. For Level 2 events, there is limited Code Enforcement
and no noise monitoring. He suggested bringing the Dunes, the community and the City to the table to develop
a plan that works for everyone. He believed that all amplified sound applications should be required to have
Code Enforcement and noise monitoring and commented on the amount of money and effort given to airport
noise, adding that the same should be given to this matter.
In response to Chair Kramer's question, Mr. Weinstein reported meeting with the applicant, many times. He
added that he does not think the matter is at a point of decision-making as there is still much to be worked out.
Discussion followed regarding monitoring noise for events with 5,000 people or more. Planning Program
Manager Alford clarified that Table 1 reflected the current practice of the Recreation and Senior Services
Department and shows the establish criteria for the three levels of events. They only require noise monitoring for
very large events (over 5,000 people). One of the factors in determining if an event is a Level 3 event is whether
noise monitoring is required. The proposed CUP would require noise monitoring for all events, either by the City
Consultant or Dunes personnel, for smaller events.
In response to Commissioner Zak's inquiry, Planning Program Manager Alford clarified what is existing (current
practice) and what is proposed in terms of noise monitoring for the various levels of events.
In response to Commissioner Weigand's inquiry, Mr. Weinstein stated his residence street and reported he
represents 110 homes.
Mr. Theodorou confirmed meeting with Mr. Weinstein a number of times, including a couple of town hall
meetings, with staff, where a reduction in the 0-500 events was discussed and a program was developed.
At Chair Kramer's request, Deputy Community Development Director Wisneski suggested another way of
explaining the various levels of events and the noise monitoring required at each level. She added that it has
been discussed, as part of this presentation.
Assistant City Attorney Michael Torres suggested continuing with the public hearing and if the Planning
Commission still has questions, the item can be continued to a subsequent meeting.
Tim Shields spoke in support of the Dunes Resort and reminded everyone of the economic benefits to the City,
provided by the Dunes. He listed his experience holding fundraisers and other events at the Dunes and noted
that the activities there are important to the community. He added that the Dunes has highly -qualified sound
engineers, that the number of events equate to one or two a day, many of those events don't generate much
sound, and hoped that the Commission will consider the efforts of the Dunes to mitigate noise.
Steve Ray, representing Bayside Village Residents Committee, reported that sound is a big issue and expressed
appreciation to the City and Mr. Hardesty, to address the matter. He suggested that sound should be
considered separately from the permit issue. He reported there are other issues to be considered and
referenced Mr. Mosher's comments noting that their interpretation of the matter is the same as Mr. Mosher's in
terms of the Planning Commission's ability to effect a change. He added that a legislative change would be
necessary and that this Commission does not have that jurisdiction. He expressed concerns with increasing the
number of allowed events and the categorical exemption of the environmental review. Mr. Ray noted there are
other impacts, such as traffic, that additional events would create and which have not been studied, and felt that
the issue is inconsistent with Title 20.
Page 3 of 7
12-79
NEWPORT BEACH PLANNING COMMISSION MINUTES
2/3/16
In response to Commissioner Lawler's inquiry regarding the Planning Commission's ability to vote on this matter,
Assistant City Attorney Torres noted agreement with Mr. Mosher's comments and reported that staff has been
working on it and issued a revised recommendation. He added that along with the Planning Commission's
actions, there would be a legislative action by the City Council which will be considered during Council's second
meeting in February, to allow for special events to be conditioned through a CUP.
Chair Kramer asked regarding the CEQA exemption and Deputy Community Development Director Wisneski
reported reviewing the matter and that staff feels it is the appropriate exemption on the basis that the facility is
adequate in its size to accommodate the number of proposed events. She reported that she does not see
inconsistencies in the staff report but she would be happy to meet with Mr. Ray, after the meeting, to clarify them.
Steve Rosansky, President, Newport Beach Chamber of Commerce, agreed with Chair Kramer that it does not
make sense to issue a Special Event Permit for every single amplified -sound event that happens at the Dunes
and that the CUP process is the way to handle the matter. He noted that there is no change in terms of the need
to comply with the City's sound ordinance. He added that the Dunes could have an unlimited number of events
and that they are doing the City a favor by putting a cap on it. Mr. Rosansky asserted that the Use Permit
provides consistency in the requirements, establishes time limits and noise limits, and requires noise mitigation
and monitoring through the City -paid consultant. He encouraged the Commission to support the proposal.
Seychelle Cannes expressed concerns about the size of events that will take place at the Dunes as well as
increased traffic on Bayside Drive.
Craig Batley commented on his experience attending events at the Dunes and spoke in support of the venue.
He commended the City for hiring the experienced consultant to mitigate sound. He referenced nearby
residential areas and noted that property owners moved there with knowledge of the Dunes. He encouraged the
Commission to approve the proposed program.
Bill Rhinesmith commented on his experience attending events at the Dunes. He stated that the proposal is
largely an administrative efficiency proposal and encouraged the Commission to approve the proposal.
Marie Case commented on her experience holding and attending events at the Dunes and encouraged the
Commission to support the CUP to streamline the process for them. She added that many of their events are
over early in the evening and that the Dunes has been a good neighbor and has taken great strides to study the
noise issue and mitigate the sound. She urged the Commission to approve the CUP.
Dorothy Larson commented on the various levels of events and urged the Commission to consider the details
and that the Dunes is not considering a large number of big events that would contribute to noise. She added
that the Dunes has been a great contributor to the community and noted that many of the events are charity
fundraisers. She reported that the CUP increases efficiency and urged the Commission to approve the CUP.
Jerry Tiery spoke in support of the Dunes and commented on his experience attending and holding events there.
He urged the Commission to approve the CUP.
Jeff Teller spoke in support of the Dunes and urged the Commission to approve the CUP. He noted that the
Dunes is a tremendous community asset and commented positively on the qualifications of Mr. Hardesty.
Mr. Theodorou expressed appreciation for the various positive comments and the Commission's consideration.
Chair Kramer closed the public hearing.
In reply to Commissioner Weigand's inquiry, Planning Program Manager Alford reported that the City has a
contract with the sound consultant and the applicant covers the cost. The CUP addresses the matter and each
event is considered in terms of the necessary equipment and monitoring and is controlled by the City's
consultant for larger events and Dunes staff for smaller events.
Discussion followed regarding community outreach, notifying residents of neighborhood forums and meetings,
Page 4 of 7
12-80
NEWPORT BEACH PLANNING COMMISSION MINUTES
213/16
notification requirements, cost of a special event permit, other venues in the City that have a lot of special
events, the possibility of this matter setting a precedent, and the uniqueness of the Dunes.
Commissioner Zak commented on the CEQA exemption and noted that the Dunes is a unique amenity for the
City. He spoke in support of streamlining the permit process and commented on the Conditions of Approval and
on noise mitigation and traffic. He expressed concerns regarding noise monitoring and stated there are still a
number of unclear issues.
In reply to Commissioner Koetting's question, Planning Program Manager Alford addressed existing sound
attenuation and reported that presently, permits are considered on an application by application basis. If a
potential for increased noise levels is present, the City would require outside noise monitoring and same would
be placed as a condition of the Special Events Permit.
Commissioner Koetting confirmed that the proposed process would improve the current practice in terms of
noise monitoring.
Planning Program Manager Alford stated that staff tried to address worst-case scenarios.
Commissioner Lawler commented on the noise study and expressed support for the proposed program and
reducing bureaucracy in the process. He expressed concerns regarding noise and traffic and asked for clarity in
terms of noise attenuation proactive and reactive measures as well as what happens with traffic during multiple
events at one time.
City Traffic Engineer Tony Brine reported that the Conditions of Approval touch on traffic control, provide for
advance notice of the events and would determine if traffic control is necessary, as part of those events.
Commissioner Weigand suggested a brief recess to allow staff to respond to the stated traffic concerns.
RECESSfRECONVENE
Chair Kramer called for a recess at 8:05 p.m. so that staff could complete work and draft additional language for
the proposed approvals. Chair Krasner reconvened the meeting at 8:16 p.m. with all Commissioners present
except Commissioner Brown (recused) and Commissioner Hillgren (absent).
City Traffic Engineer Brine reported that Condition 3D addresses traffic control in Level 1 projects and
determines whether traffic control is necessary. Regarding Levels 2 and 3, they would be reviewed under the
current permit application process. For larger, Level 3 events, traffic control is always necessary and the City
would work with the event coordinator regarding same. He addressed the number of trips and explained a
typical traffic analysis that would be performed. He addressed parking and queuing as impacts that have been
seen.
In response to Commissioner Zak's question, Deputy Community Development Director Wisneski suggested
modifying Condition No. 6, that the City would assess concurrent events to determine whether traffic control
measures are required. She provided a revised table that helped clarify the proposed levels of special events
and their respective requirements.
Discussion followed regarding giving the applicant the option of the City conducting noise -monitoring during
Level 1 events.
The applicant agreed with the proposed changes.
Deputy Community Development Director Wisneski addressed the noise control protocol and highlighted the
changes of the revised Resolution.
Commissioner Zak commented on the CEQA exemptions and suggested modifying Finding 3, Section 2, adding
that there is currently no limitation on the number of events per year, at the project site.
Page 5 of 7
12-81
VIII
NEWPORT BEACH PLANNING COMMISSION MINUTES
Assistant City Attorney Torres agreed.
Deputy Community Development Director Wisneski also suggested deleting Finding 133.
213/16
Motion made by Commissioner Lawler and seconded by Commissioner Zak to adopt Resolution No. 2009
approving Conditional Use Permit No. UP2015-021, incorporating the changes discussed above.
AYES: Kramer, Koetting, Lawler, Weigand, Zak
RECUSED: Brown
ABSENT: Hillgren
Chair Kramer stated this matter should not have had been better presented by both staff and the applicant. It
should not have taken over two hours and required a recess for staff to complete their work. He suggested to the
applicant that a consultant should have been engaged to assist the applicant in presenting the application more
clearly and concisely.
Vice Chair Brown returned to the Chambers and took his place on the dais.
STAFF AND COMMISSIONER ITEMS
ITEM NO. 3 MOTION FOR RECONSIDERATION - None
ITEM NO. 4 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
Deputy Community Development Director Wisneski referenced the Commission's Tentative Agenda and listed
items to be considered by Council at upcoming meetings, including the appeal of the Planning Commission's
approval regarding the Balboa Bay Marina Restaurant. She addressed the Streetscape Master Plan project
noting that it will be presented to the Commission on February 18th.
1. Update on the General Plan/Local Coastal Program Implementation Committee
Deputy Community Development Director Wisneski reported that City staff continues to meet with Coastal
Commission staff and is making progress on this matter. The application is close to being declared complete.
The hearing for his item is being targeted for May.
2. Update on City Council Items — None
3. Review of policy related to submittal of written comments and documents
Deputy Community Development Director Wisneski reported providing draft language reflective of City Council's
policy regarding submittal of written comments and documents. She addressed the process and asked for the
Commission's approval.
At Chair Kramer's request, Deputy Community Development Director Wisneski provided an update an Mariners
Mile.
City Traffic Engineer Brine commented on alternatives to be brought into the Land Use Study and explained
each, briefly.
ITEM NO. 5 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR
REPORT - None
ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES
Commissioner Lawler requested an excused absence for the Planning Commission meeting of February 18,
2016.
Page 6 of 7
12-82
Attachment E
Planning Commission Resolution
12-83
RESOLUTION NO, 2009
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2015-021 TO ALLOW A SPECIFIED NUMBER
OF SPECIAL EVENTS AT THE NEWPORT DUNES RESORT
AND MARINA (PA2015-084)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Newport Dunes Resort and Marina, with respect to property
located at 1131 Back Bay Drive and 101 Bayside Drive, and legally described as Record
of Survey RS�095_39-43, requesting approval of a conditional use permit to allow a
specified number of special events at the subject property.
2. The applicant proposes to conduct up to fourteen (14) Level 2 and 3 events and 500
Level 1 events each year,
3. The subject property is located within the Newport Dunes Planned Community (PC 48)
Zoning District and the General Plan Land Use Element category is Park and Recreation
(PR).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Park and Recreation (PR).
5. A public hearing was held on February 3, 2016, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was
given in accordance with the Newport Beach Municipal Code. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15323, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 23 (Normal
Operations of Facilities for Public Gatherings).
2. The Class 23 exemption consists of the normal operations of existing facilities for
public gatherings for which the facilities were designed, where there is a past history of
the facility being used for the same or similar kind of purpose. Facilities included within
this exemption include, but are not limited to, racetracks, stadiums, convention
centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement
parks.
12-84
Planning Commission Resolution No. 2009
Page 2 of 11
3. The project site is an aquatic park with facilities for public gatherings including,
meeting rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms.
The project site has historically been utilized as a venue for public gatherings,
including festivals, concerts, weddings, parties, and other public and private events.
Currently, there is no limitation on the number of events that can occur on the project
site, therefore the reasonable expectation is that, under the terms of the conditional
use permit which limits the number of events, there would be no change in the
operation of the facility.
4. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages
which may be awarded to a successful challenger.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding:
Al. The PR (Parks and Recreation) designation applies to land used or proposed for
active public or private recreational use. The project site is an aquatic park and serves
as a venue for festivals, concerts, weddings, parties, and other public and private
events. The use of park and recreational facilities for occasional use as venue is
consistent with the PR designation.
A2. The project site is not located within a Specific Plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Facts in Support of FindLng:
B1. The PC Zoning District is intended to provide for areas appropriate for the
development of coordinated, comprehensive projects that result in a superior
environment; to allow diversification of land uses as they relate to each other in a
03-03-2015
12-85
Planning Commission Resolution No. 2009
Paqe 3 of 11
physical and environmental arrangement while maintaining the spirit and intent of the
Zoning Code.
132. The project site has been used as a venue for public and private gatherings with the
approval of special event permits prior to the establishment of the PC Zoning District
on the project site in 1996.
B3. The project includes conditions of approval to ensure that special events continue to
be incidental and secondary to the principal use of an aquatic park.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity;
Facts in Support of Finding:
C1. The project site is a 100 -acre aquatic park with facilities for public and private
gatherings including, meeting rooms, pavilions, cabanas, tables and benches, picnic
areas, and restrooms.
C2. The project site contains over 800 parking spaces in the Day Use Parking Lot and 654
parking spaces in the Marina/Overflow Parking Lot, which has been sufficient to
accommodate the largest events.
C3. The provide site maintains adequate access from Back Bay Drive via a four (4) cane
access drive.
C4. The project is conditioned to implement the Newport Dunes Noise Mitigation Report
and Noise Mitigation Protocol, which establishes noise control protocols for all events
that involve the use of amplified sound, including from portable sound amplification or
music producing devices, to ensure that noise generated by events do not exceed the
City noise standards.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities; and
Facts in Support of Finding:
D1. The project site is an aquatic park with facilities for public gatherings including,
meeting rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms.
The project site has a past history as a venue for public gatherings, including festivals,
concerts, weddings, parties, and other public and private events.
03.03-2015
12-86
Planning Commission Resolution No. 2009
Page 4 of 11
D2. Adequate public and emergency vehicle access, public services, and utilities are
provided to the project site.
D3. The Public Works Department, Building Division, and Fire Department have reviewed
the project and provided conditions of approval so as to maintain adequate access,
public services, and utilities to the existing development.
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use.
Facts in Support of Finding:
E1. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible.
E2. Level 1 events are routine, one -day events that do not require the presence of City
personnel or traffic control plans, which, under the terms of this permit, will not
endanger, jeopardize, or otherwise constitute a hazard to the public convenience,
health, interest, safety, or general welfare of persons residing or working in the
neighborhood.
E3. Level 2 and 3 events will continue to be required to apply for a special event permits
pursuant to Chapter 11.03 (Special Events) of the Newport Beach Municipal Code.
Such applications will be reviewed the Recreation and Senior Services Department
and other City departments to determine reasonable terms and requirements
necessary for the protection of persons and property.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2015-021, subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the Community
Development Director in accordance with the provisions of Title 20 Planning and
Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF FEBRUARY, 2018,
AYES: Koetting, Kramer, Lawler, Weigand and Zak
03-03-2015
12-87
Planning Commission Resolution No. 2009
Page 5 of 11
NOES: None
RECUSED: Brown
ABSENT: Hillgren
M
03-03-2015
12-88
Planning Commission Resolution No. 2009
Page6of11
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. Expration and Extension. Use Permit No. UP2015-021 shall expire unless exercised
within 24 months from the date of approval as specified in Section 20.91.050 of the
Newport Beach Municipal Code, unless an extension is otherwise granted.
2. Compliance with Conditions. All special events, as defined by Section 11.03.020 of the
Newport Beach Municipal Code (NBMC), shall comply with the conditions of this
permit.
3. Event Permit Level Defined. Level 1, 2, and 3 events shall be defined as follows:
"Level 1 Event" shall mean any event:
a. With a duration of one (1) day only;
b. With an attendance of less than one thousand (1,000) persons.
a. Level 1A for events with an attendance of less than five hundred (500)
persons;
b. Level 1B for events with an attendance between five hundred (500) and
less than one thousand (1000) persons.
c. Involves no public road or travel lane closures or detours;
d. Requires no traffic control, as determined by the City Traffic Engineer or the
Police Department; and
e. Does not require the presence of City personnel, as determined by the Code
Enforcement Supervisor or the Police Department.
"Level 2 Event" shall mean any event:
a. With a duration of up to four (4) consecutive days, including setup and
breakdown; or
b. With a attendance of one thousand (1,000) to five thousand (5,000) persons
over the course of the event; or
c. Occurs in public right-of-way, except park under reservation; or
d. Requires the limited presence of City personnel, as determined by the
Recreation and Senior Services Director.
"Level 3 Event" shall mean any event.
03-03-2015
12-89
Planning Commission Resolution No. 2009
Paae7of11
a. With a duration of more than four (4) consecutive days, including setup and
breakdown; or
b. With an estimated attendance of more than five thousand (5,000) persons over
the course of the event. or
c. Involves public road or travel lane closures or detours; or
d. Requires traffic control, as determined by the City Traffic Engineer or the Police
Department; or
e. Requires the presence of City personnel, as determined by the Code
Enforcement Supervisor or the Police Department; or
f Requires noise monitoring by the City, as determined by the Code Enforcement
Supervisor.
4. Number of Level 1 Events Permitted. The applicant shall be permitted to conduct the
following number of Level 1 events:
a. A maximum of twenty (20) Level 1A events per month during the months of
January through April and November;
b. A maximum of ten (10) Level 1B events per month during the months of
January through April and November;
C. A maximum of thirty-five (35) Level 1A events per month during the months of
May through October and December;
d. A maximum of fifteen (15) Level 1B events per month during the months of May
through October and December.
The applicant shall obtain a special event permit in accordance with Chapter 11.03
NBMC for Level 1 events until such time the Municipal Code is amended to exempt
the requirement of a special event permit with approval of a conditional use permit.
5. Number of Level 2 and 3 Events Permitted. The applicant shall be permitted to
conduct a maximum of fourteen (14) Level 2 and/or Level 3 events each year with the
approval of a special event permit in accordance with Chapter 11.03 NBMC.
6. Advance Notice of Level 1 Events. The applicant shall notify the Community
Development Department of all Level 1 events authorized by Condition No. 4 of this
permit a minimum of twenty-one (21) days prior to the event. Traffic control measures,
as determined by the City Traffic Engineer, shall be implemented to address
concurrent events, if deemed necessary by the Public Works Director.
03-03-2015
12-90
Planning Commission Resolution No. 2009
Page 8 of 11
i. Monthly Event Monitoring Report. The applicant shall submit a monthly report of all
Level 1, 2, and 3 events conducted on the project site to the Community Development
Department to monitor the number of events and verify compliance with the conditions
of this permit. The report shall be submitted on or before the 15th day of the following
month in a form approved by the Community Development Department, which shall
include the following information:
a. The event title;
b. A general description of the event;
C, The general location of the event on the project site;
d. The date, start time and duration of the event.
e. The estimated daily attendance; and
d. A description of any sound amplification equipment.
8. Hours of Operation. The use of amplified sound shall not begin before 7:00 a.m. on
weekdays and Saturdays and 8:00 a.m. on Sundays and federal holidays. The use of
amplified sound and events shall cease at the following times:
Newport Mesa Unified School District (NMUSD) holidays and recesses shall be
determined by the current official calendar approved by the NMUSD Board of
Education.
The event end time shall mean the time when the event activities have ceased and all
attendees have exited the site. The event end time does not include post -event clean-
up and breakdown.
Any event involving the use of amplified sound outside of time limits prescribed above
shall require a special event permit in accordance with Chapter 11.03 NBMC.
9. Sound Level Monitoring and Mitigation. The use of amplified sound shall comply with
the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol attached
hereto as Exhibit `B" to ensure that sound generated by the project site does not
exceed the noise standards of Chapter 10.26 NBMC.
03-03-2015
12-91
Latest
Latest
Dates
Amplified
Event End
Sound
Time
End Time
Sunday through Thursday, except on NMUSD holidays and
9,00 p.m.
during NMUSD recesses
Weekdays and Weekends on NMUSD holidays and during
10:00 p.m.
NMUSD recesses
Independence Day July
10:30 P.M.
11:00 .m.
Marine Corps Birthda November 10
11:15 p.m.
11:30 p.m.
12:30 a.m.
1:15 a. m.
New Year's Eve (December 31)
on New
on New
Year's Da
Year's Da
Newport Mesa Unified School District (NMUSD) holidays and recesses shall be
determined by the current official calendar approved by the NMUSD Board of
Education.
The event end time shall mean the time when the event activities have ceased and all
attendees have exited the site. The event end time does not include post -event clean-
up and breakdown.
Any event involving the use of amplified sound outside of time limits prescribed above
shall require a special event permit in accordance with Chapter 11.03 NBMC.
9. Sound Level Monitoring and Mitigation. The use of amplified sound shall comply with
the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol attached
hereto as Exhibit `B" to ensure that sound generated by the project site does not
exceed the noise standards of Chapter 10.26 NBMC.
03-03-2015
12-91
Planning Commission Resolution No. 2009
Page 9 of 11
The Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol may be
updated from time to time at the request of, and subject to the approval of the
Community Development Director. Any substantial changes to mitigation measures
shall be reviewed and approved by the Planning Commission prior to implementation.
10. Professional Sound Monitoring and Reporting Services. The applicant shall enter into
an agreement with City to reimburse the City for costs and expenses of providing
professional sound monitoring and reporting services for Level 2 and Level 3 events
and other events, as determined by the Community Development Director. The form
of the agreement shall be determined by the City Attorney's office.
11. Compliance with Noise Control -Requirements. All noise generated by events on the
project site shall comply with the provisions of Chapter 10.26 and other applicable
noise control requirements of the Newport Beach Municipal Code.
12. Insurance. The applicant shall provide one million dollars ($1,000,000) general liability
insurance naming the City of Newport Beach as additionally insured.
13. Licenses. The applicant shall complete the Special Events Temporary Business
License Application and collect the apportioned business license from each vendor,
exhibitor or other service provider and remit the payments to the City prior to the event
date.
14. Permits and Inspections.
a. The applicant shall obtain any applicable City permits and inspections for
the installation of temporary structures, stands, platforms, stages and
stage lighting rigs over thirty (30) inches in height from grade, all tents
and temporary membrane structures having an area in excess of four
hundred (400) square feet, and the use and storage of portable liquefied
petroleum gas containers.
b. The applicant shall provide plans, details and specifications with
calculations, to the Building Division for plan review and approval, at
least thirty (30) days prior to the event. Such plans shall be stamped and
signed by a licensed engineer in the State of California. The following
note shall be provided on the plans: "Engineer shall perform site
observations during the construction and shall provide a letter to the City
building inspector stating the temporary buildings, stands, platforms,
stages and stage lighting rigs are installed per code and satisfactory to
be used for their intended purpose."
C. The applicant shall allow City officials access for inspections in order to
determine compliance with City codes, any approved permit and/or any
conditions of approval.
03-03-2015
12-92
Planning Commission Resolution No. 2009
Page 10 of 11
d. The applicant shall comply with all lawful orders and requirements of the
principal building inspector.
15. Outside Agencies.
a. Any food service to comply with Orange County Health Department
requirements.
b. Any alcoholic beverage service shall comply with Alcoholic Beverage Control
requirements.
16. Settlement Agreement. All events shall comply with the terms of the Newport Dunes
Settlement Agreement, as amended.
17. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
18. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
19. This Conditional Use Permit may be modified or revoked by the Planning Commission
should they determine that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
20. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Conditional Use Permit or the
processing of a new Conditional Use Permit.
21. All noise generated by the proposed use shall comply with the provisions of Chapter
10,26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
03-03-2015
12-93
Between the hours of
Between the hours of
7.00a.m. and 10.00 p.m.
10000 p.m. and 7:00
a.m.
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located
within 100 feet of a commercial
45dBA
60dBA
45dBA
50dBA
property
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
NIA
65dBA
NIA
60dBA
03-03-2015
12-93
Planning Commission Resolution No. 2009
Page 11 of 11
22. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
23. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Newport Dunes Resort Events including, but not
limited to, the Conditional Use Permit No. 2015-021 This indemnification shall include,
but not be limited to, damages awarded against the City, if any, costs of suit, attorneys'
fees, and other expenses incurred in connection with such claim, action, causes of
action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating
or bringing such proceeding. The applicant shall indemnify the City for all of City's costs,
attorneys' fees, and damages which City incurs in enforcing the indemnification
provisions set forth in this condition. The applicant shall pay to the City upon demand any
amount owed to the City pursuant to the indemnification requirements prescribed in this
condition.
03-03-2015
12-94
SOUND MEDIA FUSION, LLC.
Gary Hardesty
Van Nuys, CA 91406
audiomicro42 ggmail. com
818-482-0193
NEWPORT DUNES NOISE MITIGATION REPORT
AND NOISE MITIGATION PROTOCOL
NOVEMBER 30, 2015
1 Sound Media Fusion, LLC. 1/25/2016
12-95
Sound Media Fusion, LLC. (SMF) was brought on board earlier this year, to study and
implement effective noise mitigation and monitoring plans and procedures for the Dunes
and local housing areas.
Early on, the Wieland Report was brought to the attention of SMF, as the document of
reference for monitoring Dunes related noise.
We have found the Wieland Report ('Report') to be generally useful, and it was used as our
starting point in reference to previous mitigation work and general sound levels.
It is our opinion that the Report did not go far enough in addressing the more technical
issues at hand and how to solve the challenges.
This report serves to pick up where the Wieland Report left off.
The discussion is generally directed at mitigating noise in the Dover Shores housing areas,
although noise mitigation efforts will help other areas as well.
Goals of this report are:
1) Discuss the acoustic and electro -acoustic challenges presented by the Dunes project and
surrounding areas.
2) Discuss proposed means of mitigation and progress to date.
3) Establish levels within the venues and the housing areas.
4) Action plan for 2016.
2 Sound Media Fusion, LLC. 1/25/2016
12-96
Discussion of the acoustic and electro -acoustic challenges presented by the Dunes
project and surrounding areas
NOTE: The field of acoustics and noise mitigation are highly complex and this author has
taken some creative license herein to simplify the discussion.
As we are discussing the decibel sound levels herein, it's important to understand what the
decibel is and how it relates to what we hear and measure.
Acoustics and the integration of sound reinforcement systems are complex, challenging and
always present debatable theories and results.
Basics of Acoustics...
Understanding the basics of acoustics is essential for anyone involved in sound, sound
monitoring and noise mitigation.
This short section deals with a few of the basic concepts of sound you'll need to grasp to
help you understand the challenges we face at the Dunes project and the ways we are going
to mitigate the sound.
What is sound?
For now, let's leave out philosophical conundrums like "If a tree falls in a forest and no-one
is there to hear it, does it really make a sound?"
Instead, let's speak in real world terms of what we can measure and what we can hear.
From a physics perspective, sound is nothing more than small pressure changes traveling
through:
*Any elastic medium. These pressure variances propagate in all directions from -
Anything that vibrates mechanically in or that medium or even just contacting that
medium-- things like vocal chords, guitar strings, saxophone reeds, or loudspeakers.
The word medium means any molecular substance that contacts the vibrating source.
It could be almost anything-- air is the most common example; but water could be an
example too. Even the wood that contacts a violin string is an example.
3 Sound Media Fusion, LLC. 1/25/2016
12-97
What isn't an example? Outer space would not be an example because it doesn't contain
enough organized molecules.
*An elastic medium is one in which the molecules can be displaced slightly but where they
tend to spring back to their original or rest position.
In a gas like air, molecules can be compressed (pushed closer together) and rarefied (pulled
further apart) but they will always spring back to normal pressure. Water, steel, and wood
also have a springiness that makes them good conductors of sound waves
*The pressure changes don't have to be very big to be perceived as sound.
In a typical conversation at 1 meter, the difference between highest compression to lowest
is only 00.0001 %, one ten thousandth of a percent.
In sound, waves of compression are always followed by mirror image waves of rarefaction
(decompression) so that overall the pressure remains normal.
Remember that in sound it's not the air molecules that travel from the source to your ear but
rather the waves of compression and rarefaction of those molecules.
Finally, remember that sound waves are:
*mechanical energy-- an actual physical disturbance.
They are not like radio waves or light waves. These are electromagnetic energy.
How fast does sound travel? Sound waves travel at approximately 1128 feet per second in
air that is 68 degrees Fahrenheit.
In other media, the speed is different. For example:
Its 4756 feet per second in water.
In wood and metal it would be even faster because the molecules are denser.
4 Sound Media Fusion, LLC. 1/25/2016
12-98
In sustained sounds, molecular displacement is usually repetitive and it often occurs with
high regularity. That means it repeats the same way at very evenly spaced time intervals --
say every thousandth of a second.
This regularity is called periodic vibration. When vibrations repeat like this, the sound they
produce has an identifiable pitch-- a musical tone.
If there is no regularity, then the vibration is aperiodic and produces noise. The physical
vibrations that make sound can be nearly any frequency.
Experiments have shown that sound at 10 billion cycles per second is possible.
However, human ears respond to only a relatively small range of between 20 cycles per
second and 20,000 cycles per second.
Even this range is significantly shortened by age and other conditions.
Within this range of 20 to 20,000 cycles per second humans are most sensitive to the
frequencies between 1,000 and 5,000 cycles per second.
*Some simple calculations can show how long a wavelength of any frequency is:
Just divide the speed of sound (1128 feet per second) by the sound's cycles per second to
get the wavelength.
-A 1000 cps tone's wavelength = 1.128 feet -mid frequency.
-A 20 cps tone's wavelength = 56.4 feet- low frequency.
-A 20,000 cps tone's wavelength = .0564 feet (or .67 inches.)- high frequency.
Figuring wavelengths can be useful to instrument makers.
Most wind instruments need a resonant air column half as long as the wavelength of the
fundamental frequency they want to play (Clarinet is an exception because the closed,
cylindrical pipe that makes its air column needs to be only 1/3 as long as the fundamental
frequency's wavelength.)
5 Sound Media Fusion, LLC. 1/25/2016
12-99
There are two types of waves that cause sound:
The Transverse wave (like a violin string) in which the vibration is perpendicular to the
wave's travel.
The Longitudinal wave (like a wind instrument's air column) in which the vibration is
parallel to the wave's travel.
All waves in an encompassing medium like air can be considered longitudinal waves.
There are four important attributes that we can manipulate to create or describe any sound.
And, we can work with these attributes in two different ways: we can measure them and we
can hear them. If we measure them, they're called physical attributes: if we hear them,
they're called perceptual attributes.
The four physical attributes are frequency, amplitude, waveform, and duration. Their
perceptual counterparts are pitch, loudness, timbre, and time.
There is similarity between hearing and measuring these attributes; however, it is a complex
correlation. The two are not exactly parallel.
Frequency refers to how often the vibration repeats a complete cycle from rest position
through compression through rarefaction and back to rest position.
This is usually stated in cycles per second (cps) or in Hertz (Hz) after the 19th century
physicist Heinrich Hertz. Cps and Hz are the same measurement.
Pitch refers to our perception of frequency on a continuum from low to high.
For musical purposes, we usually divide this continuum into discrete steps derived from the
natural harmonic series.
For most people, frequencies must be between 20 and 20,000 cps to be heard as pitch, and
the upper half of that range is more important to our perception of brilliance than to
musically useful pitch.
Even the highest tone of a piccolo is only about 3,700 cycles per second-- far short of
20,000.
6 Sound Media Fusion, LLC. 1/25/2016
12-100
Amplitude refers to how much energy is contained in the displacement of molecules that
make up sound waves.
It is usually measured in decibels.
Decibels is a logarithmic scale in which each ten number increase actually represents a ten
fold increase in energy.
On this scale a 10 decibel increase equals 10 times the energy, but a 20 decibel increase =
100 times the energy and a 30 decibel increase = 1000 times the energy; etc.
We need this logarithmic scale because the loudest sound humans can hear is about 1 trillion
times as powerful as the softest.
Each doubling of sound energy can be represented by a 3 decibel change. Loudness refers to
our perception of amplitude and is sometimes stated in phons.
The least amount of amplitude humans can perceive as sound, starts the decibel scale at 0 dB.
This is about a trillionth of a watt per square meter.
7 Sound Media Fusion, LLC. 1/25/2016
12-101
Key to our understanding of the basics is how we hear sound.
"The best and most beautiful thing in life cannot be seen, not touched, but are felt in the
heart."
This quote by Hellen Keller demonstrates the keen sense of her world and the world around
her, which most of us take for granted. We as people are often preoccupied with our own
lives and responsibilities to recognize the simple beauty in things we see and hear in our
everyday lives.
Hearing is perhaps the one sense we take for granted the most. We often do not realize the
different sounds that flood our ears on minute -to -minute bases. Also, the complex concept
of sound and hearing is usually taken for granted.
We simply assume that our ears and brains are doing their jobs to allow us to hear, and we
do not give it a second thought.
The human ear is an exceedingly complex organ. To make matters even more difficult, the
information from two ears is combined in a perplexing neural network, the human brain.
Keep in mind that the following is only a brief overview; there are many subtle effects and
poorly understood phenomena related to human hearing.
Figure 22-1 illustrates the major structures and processes that comprise the human ear. The
outer ear is composed of two parts, the visible flap of skin and cartilage attached to the side
of the head, and the ear canal, a tube about 0.5 cm in diameter extending about 3 cm into the
head. These structures direct environmental sounds to the sensitive middle and inner ear
organs located safely inside of the skull bones. Stretched across the end of the ear canal is a
thin sheet of tissue called the tympanic membrane or ear drum. Sound waves striking the
tympanic membrane cause it to vibrate. The middle ear is a set of small bones that transfer
this vibration to the cochlea (inner ear) where it is converted to neural impulses. The
cochlea is a liquid filled tube roughly 2 mm in diameter and 3 cm in length. Although
shown straight in Fig. 22-1, the cochlea is curled up and looks like a small snail shell. In
fact, cochlea is derived from the Greek word for snail.
When a sound wave tries to pass from air into liquid, only a small fraction of the sound is
transmitted through the interface, while the remainder of the energy is reflected. This is
because air has a low mechanical impedance (low acoustic pressure and high particle
velocity resulting from low density and high compressibility), while liquid has a high
mechanical impedance. In less technical terms, it requires more effort to wave your hand in
water than it does to wave it in air. This difference in mechanical impedance results in most
of the sound being reflected at an air/liquid interface.
The middle ear is an impedance matching network that increases the fraction of sound
energy entering the liquid of the inner ear. For example, fish do not have an ear drum or
middle ear, because they have no need to hear in air. Most of the impedance conversion
results from the difference in area between the ear drum (receiving sound from the air) and
the oval window (transmitting sound into the liquid, see Fig. 22-1). The ear drum has an
8 Sound Media Fusion, LLC. 1/25/2016
12-102
area of about 60 (mm)2, while the oval window has an area of roughly 4 (mm)2. Since
pressure is equal to force divided by area, this difference in area increases the sound wave
pressure by about 15 times.
Contained within the cochlea is the basilar membrane, the supporting structure for about
12,000 sensory cells forming the cochlear nerve. The basilar membrane is stiffest near the
oval window, and becomes more flexible toward the opposite end, allowing it to act as a
frequency spectrum analyzer. When exposed to a high frequency signal, the basilar
membrane resonates where it is stiff, resulting in the excitation of nerve cells close to the
oval window. Likewise, low frequency sounds excite nerve cells at the far end of the basilar
membrane. This makes specific fibers in the cochlear nerve respond to specific frequencies.
This organization is called the place principle, and is preserved throughout the auditory
pathway into the brain.
Another information encoding scheme is also used in human hearing, called the volley
principle. Nerve cells transmit information by generating brief electrical pulses called action
potentials. A nerve cell on the basilar membrane can encode audio information by
producing an action potential in response to each cycle of the vibration. For example, a 200
hertz sound wave can be represented by a neuron producing 200 action potentials per
second. However, this only works at frequencies below about 500 hertz, the maximum rate
that neurons can produce action potentials. The human ear overcomes this problem by
allowing several nerve cells to take turns performing this single task. For example, a 3000
hertz tone might be represented by ten nerve cells alternately firing at 300 times per second.
This extends the range of the volley principle to about 4 kHz, above which the place
principle is exclusively used.
Table 22-1 shows the relationship between sound intensity and perceived loudness. It is
common to express sound intensity on a logarithmic scale, called decibel SPL (Sound
Power Level). On this scale, 0 dB SPL is a sound wave power of 10-16 watts/cm2, about
the weakest sound detectable by the human ear. Normal speech is at about 60 dB SPL,
while painful damage to the ear occurs at about 140 dB SPL.
9 Sound Media Fusion, LLC. 1/25/2016
12-103
outer
ear
}' ear
sound
waves
in air
t 'mpalue membrane
ear d l u)
Oval
Window
cochlea
sound waves
in liquid ,
basilar
membrane
111 1111 1111 1111 11J11
1111 1111 11111
hi Eh
Medium
lmn
mtidle
_
�4—Y
f-4'
fM4�CY
ear bones
deted u m
detectim
detectxRII
FIGURE 22-1
Functional diagram of the human ear. The outer ear collects sound waves from the environment and channels
them to the tympanic membrane (ear drunn), a thin sheet of tissue that m -orates in synchronization with the air
wa,.qefornn_ The middle ear bones (hammer, anvil and stirrup) transmit these vibrations to the oval -window, a
flexible raenitnne in the fluid filed cochlea_ Contained within the cochlea is the basilar unembrauue, the supTrting
stricture for about 1'x,000 nerve cells that forms the cochlear nerve. Due to the varyingstiffness of the basilar
membrane, each nerve cell duly responses to a narrow range of audio frequeacie33 maldug the ear a frequency
spectrin analyzer.
The difference between the loudest and faintest sounds that humans can hear is about 120 dB, a
range of one -million in amplitude. Listeners can detect a change in loudness when the signal is
altered by about 1 dB (a 12% change in amplitude). In other words, there are only about 120
levels of loudness that can be perceived from the faintest whisper to the loudest thunder. The
sensitivity of the ear is amazing; when listening to very weak sounds, the ear drum vibrates less
than the diameter of a single molecule!
The perception of loudness relates roughly to the sound power to an exponent of 1/3. For
example, if you increase the sound power by a factor of ten, listeners will report that the
loudness has increased by a factor of about two (101/3 z 2). This is a major problem for
eliminating undesirable environmental sounds, for instance, the beefed-up stereo in the next
door apartment. Suppose you diligently cover 99% of your wall with a perfect soundproof
material, missing only 1% of the surface area due to doors, corners, vents, etc. Even though the
sound power has been reduced to only 1% of its former value, the perceived loudness has only
dropped to about 0.011/3 z 0.2, or 20%.
The range of human hearing is generally considered to be 20 Hz to 20 kHz, but it is far more
sensitive to sounds between 1 kHz and 4 kHz. For example, listeners can detect sounds as low
as 0 dB SPL at 3 kHz, but require 40 dB SPL at 100 Hertz (an amplitude increase of 100).
Listeners can tell that two tones are different if their frequencies differ by more than about 0.3%
at 3 kHz. This increases to 3% at 100 hertz. For comparison, adjacent keys on a piano differ by
about 6% in frequency.
10 Sound Media Fusion, LLC. 1/25/2016
12-104
watwcme I Decibels SPL I Example sound
The primary advantage of having two ears is the ability to identify the direction of the sound.
Human listeners can detect the difference between two sound sources that are placed as
little as three degrees apart, about the width of a person at 10 meters.
This directional information is obtained in two separate ways.
First, frequencies above about 1 kHz are strongly shadowed by the head.
In other words, the ear nearest the sound receives a stronger signal than the ear on the
opposite side of the head.
The second clue to directionality is that the ear on the far side of the head hears the sound
slightly later than the near ear, due to its greater distance from the source.
Based on a typical head size (about 22 cm) and the speed of sound (about 340 meters per
second), an angular discrimination of three degrees requires a timing precision of about 30
microseconds.
Since this timing requires the volley principle, this clue to directionality is predominately
used for sounds less than about 1 kHz.
Both these sources of directional information are greatly aided by the ability to turn the
head and observe the change in the signals. An interesting sensation occurs when a listener
is presented with exactly the same sounds to both ears, such as listening to monaural sound
through headphones. The brain concludes that the sound is coming from the center of the
listener's head!
11 Sound Media Fusion, LLC. 1/25/2016
12-105
10-=
140 dB
Pain
10-'
130 dB
10—,
120 dB
Discomfort
10-1
110 dB
Jack hammers and rock concerts
10-'
100 dB
TABLE 22-1
Units of sound intensity- Sound
10-7
$0 dB
OSHA limit for industrial ,noise
intensity issed as power per
.810-1
g4 dB
unit area (uch as watts}cm , or
10-
70 dB
name commonly on a logarithmic
10-30
&p dB
Normal conversation
scale called decibels SPL. As this
10-"
50 dB
table shows, hnman hearing is the
most sensitive between 1 kHz and
V]
10-32
40 dB
Weakest audible at 100 hertz
4 kHz-
10-13
30 dB
10-34
20 dB
Weakest audible. at 10RHz
10-3s
10 dB
10-315
0 dB
Weakest audible. at 3 kHz
7
10-3
-10 dB
10-3*
-20 dB
The primary advantage of having two ears is the ability to identify the direction of the sound.
Human listeners can detect the difference between two sound sources that are placed as
little as three degrees apart, about the width of a person at 10 meters.
This directional information is obtained in two separate ways.
First, frequencies above about 1 kHz are strongly shadowed by the head.
In other words, the ear nearest the sound receives a stronger signal than the ear on the
opposite side of the head.
The second clue to directionality is that the ear on the far side of the head hears the sound
slightly later than the near ear, due to its greater distance from the source.
Based on a typical head size (about 22 cm) and the speed of sound (about 340 meters per
second), an angular discrimination of three degrees requires a timing precision of about 30
microseconds.
Since this timing requires the volley principle, this clue to directionality is predominately
used for sounds less than about 1 kHz.
Both these sources of directional information are greatly aided by the ability to turn the
head and observe the change in the signals. An interesting sensation occurs when a listener
is presented with exactly the same sounds to both ears, such as listening to monaural sound
through headphones. The brain concludes that the sound is coming from the center of the
listener's head!
11 Sound Media Fusion, LLC. 1/25/2016
12-105
While human hearing can determine the direction a sound is from, it does poorly in
identifying the distance to the sound source.
This is because there are few clues available in a sound wave that can provide this
information.
Human hearing weakly perceives that high frequency sounds are nearby, while low
frequency sounds are distant.
This is because sound waves dissipate their higher frequencies as they propagate long
distances.
Echo content is another weak clue to distance, providing a perception of the room size.
For example, sounds in a large auditorium will contain echoes at about 100 millisecond
intervals, while 10 milliseconds is typical for a small office. Some species have solved this
ranging problem by using active sonar.
For example, bats and dolphins produce clicks and squeaks that reflect from nearby objects.
By measuring the interval between transmission and echo, these animals can locate objects
with about 1 cm resolution.
Experiments have shown that some humans, particularly the blind, can also use active echo
localization to a small extent.
12 Sound Media Fusion, LLC. 1/25/2016
12-106
What really happens to sound as it travels through the atmosphere, encountering
atmospheric disturbances as well as Earth -based disturbances?
Sound is `distorted' as it travels through space by many factors.
Sound propagation is shaped by the atmosphere like a lens shapes light rays. The "bending"
of sound rays occurs because of changes in the speed of sound. The speed of sound is a
function of an air -density parameter called virtual temperature and is also affected by the
wind vector. If the speed of sound in a certain direction, for example, increases with height,
any loud noise is "focused" toward a surface area distant from the sound source.
Sound propagation, therefore, in the real atmosphere is constantly changing, much like the
stars "twinkle" (scintillate) at night. Upper -air measurements are needed to characterize
such propagation.
topographically modified atmosphere
� J\r
refraction
due to gradients of wind
s
and temperature J� reflection
rr at ground, buildings, forests, etc scattering
�r� n due to atmospheric turbulence
1
w diffraction ,
at obstacles (buildings,
screens, hills...) m
m
.. obstacles (bu ldms,..screens atc t ff i ..f. h ...............
Sound propagating in the atmospheric boundary layer is significantly influenced by
topographical and meteorological effects, (as indicated in the illustration above):
-Refraction due to wind and temperature gradients,
-Reflection at porous ground or at buildings, forests, etc.,
-Scattering due to atmospheric turbulence,
-Diffraction at obstacles such as buildings, screens, hills.
13 Sound Media Fusion, LLC. 1/25/2016
12-107
Diffraction is normally taken to refer to various phenomena which occur when a wave
encounters an obstacle. It is described as the apparent bending of waves around small
obstacles and the spreading out of waves past small openings... it is the bending of sound
waves, as the sound travels around edges of geometric objects.
This produces the effect of being able to hear even when the source is blocked by a solid
object.
The sound waves bend appreciably around the solid object.
However, if the object has a diameter greater than the acoustic wavelength, a'sound
shadow' is cast behind the object where the sound is inaudible. (Note: some sound may be
propagated through the object depending on material).
Acoustical diffraction near the Earth's surface:
In the case of sound waves traveling near the Earth's surface, the waves are diffracted or
bent as they traverse by a geometric edge, such as a wall or building. This phenomenon
leads to a very important practical effect: that we can hear "around corners".
Because of the frequencies involved considerable amount of the sound energy (on the order
of ten percent) actually travels into this -would be- sound "shadow zone".
Visible light exhibits a similar effect, but, due to its much higher frequency, only a minute
amount of light energy travels around a corner.
Refraction is the change in direction of a wave due to a change in its speed. This is most
commonly observed when a wave passes from one optical medium to another.... the
bending of sound rays in the presence of an inhomogeneous atmosphere.
14 Sound Media Fusion, LLC. 1/25/2016
12-108
The acoustically relevant meteorological parameters are in turn subject to topographical
influences such as...
-Flow around or over hills, buildings, obstacles, etc.,
-Thermal circulations such as slope winds, sea breezes, etc.,
-Wake turbulence.
sound propagation in the atmosphere
temperature
0)
° wi n d
0
L
O
turbulence refraction
E
scattering
humidity
absorption
energy
momentum sm
0
mass sound field 0
C
a
0'
reflection
diffraction
topographer
15 Sound Media Fusion, LLC. 1/25/2016
12-109
AddItIonal sound
ev
vlJrC�l� I I I I I l 1 I I I l soundI�It V I I I lu 11-30- Listener
warmer ai r_
faster sourmd
Sc5torc%p
Saurkd
source
Squad
waves
Diffral�tlon
arr4ind pod
0.
Suppose you baht a ,
comer# ticket without
looking at the seating chart and
wound up sitting behind a large past.
You would be able to hear the ctanml
quite well bacausa the wavelengths of
Sound are Long enough to band around
010 p f_
16 Sound Media Fusion, LLC
1/25/2016
I Jd-#v--M4-r
If you were autsoe an
open dom. you could sAl
tsar because 9 a soLwd
would spread out ftorn
Me smaN opeoing
as If It were a
Wallzed source
Of sour,
1�ifira�etie
ta��C ;•mall
span ing.
It you were sevarail wavel4ngths
A sound past rhs post, you woud
not be able to detect the presorm
of the past from the narrUre of the
sound_
12-110
For the purpose of measuring sound, we use SPL (Sound Pressure Level) meters, which
often times are computer based for further analysis.
Various `weightings' are used in the measure of sound by an SPL meter:
+20
t10
0
-10
-20
-30
-40
-5Q
10 100 1000 10k 100k
A-weighling (hIuo). 6 (yelIow), C (red), and 0 -to sighting (bfk)
A -weighting is the most commonly used of a family of curves defined in the International
standard IEC 61672:2003 and various national standards relating to the measurement of
sound pressure level, as opposed to actual sound pressure. The others are B, C, D and now
Z weightings (see below).
Looking at the graph above, one can see the various levels of attenuation of low
frequencies- look at the blue 'A' weighted curve, and note that the measurement is rolling
off the low frequencies (the graph is showing frequencies, left to right and from low to high,
on the bottom, 'X' scale and level on the left of the vertical, or 'Y' scale).
If no frequency attenuation existed in the given measurement standard, the lines on the
graph would be shown as a flat line at the zero dB mark.
Sound level, loudness, and sound pressure are not the same things; indeed there is not even
a simple relationship between them, because the human hearing system is more sensitive to
some frequencies than others, and furthermore, its frequency response varies with level, as
has been demonstrated by the measurement of equal -loudness contours.
In general, low frequency and high frequency sounds are perceived to be not as loud as
mid -frequency sounds, and the effect is more pronounced at low pressure levels, with a
flattening of response at high levels.
17 Sound Media Fusion, LLC. 1/25/2016
12-111
Sound pressure level meters (SPL meters) therefore incorporate weighting filters, which
reduce the contribution of low and high frequencies to produce a reading that corresponds
approximately to what we hear.
The curves were originally defined for use at different average sound levels, but A -
weighting, though originally intended only for the measurement of low-level sounds
(around 40 phon), is now commonly used for the measurement of environmental noise and
industrial noise, as well as when assessing potential hearing damage and other noise health
effects at all sound levels; indeed, the use of A -frequency -weighting is now mandated for
all these measurements, although it is badly suited for these purposes, being only applicable
to low levels so that it tends to devalue the effects of low frequency noise in particular.
A -weighting is also used when measuring noise in audio equipment, especially in the U.S.A.
In Britain, Europe and many other parts of the world, Broadcasters and Audio Engineers
more often use the ITU -R 468 noise weighting, which was developed in the 1960s based on
research by the BBC and other organizations.
This research showed that our ears respond differently to random noise, and the equal -
loudness curves on which the A, B and C weightings were based are really only valid for
pure single tones.
History of A -weighting
A -weighting began with work by Fletcher and Munson which resulted in their publication,
in 1933, of a set of equal -loudness contours. Three years later these curves were used in the
first American standard for sound level meters.
B-, C-, D- and Z -weightings
A -frequency -weighting is mandated to be fitted to all sound level meters. The old B- and
D -frequency -weightings have fallen into disuse, but many sound level meters provide for C
frequency -weighting and its fitting is mandated at least for testing purposes to
precision (Class one) sound level meters. Z- or ZERO frequency -weighting was introduced
in the International Standard IEC 61672 in 2003 and was intended to replace the "Flat" or
"Linear" frequency weighting often fitted by manufacturers.
This change was needed as each sound level meter manufacturer could choose their own
low and high frequency cut-offs (— 3dB) points, resulting in different readings, especially
when peak sound level was being measured.
As well, the C -frequency -weighting, with —3dB points at 31.5Hz and 8kHz did not have a
sufficient bandpass to allow the sensibly correct measurement of true peak noise (Lpk)
A -weighting is only really valid for relatively quiet sounds and for pure tones as it is based
on the 40-phon Fletcher -Munson curves which represented an early determination of the
equal -loudness contour for human hearing.
18 Sound Media Fusion, LLC. 1/25/2016
12-112
Sound Media Fusion uses a special laboratory meter made in Europe for our testing.
The meter can simultaneously show Z (flat frequency spectrum) measurements, as well as 'A',
peak, LEQ, etc.
The meters also record the actual audio during a test, as well as all the raw data for later analysis.
We can actually hear what the sound was that was affecting a meter reading at a particular point
in time.
While the A -weighting curve, as discussed previously, has been widely adopted for
environmental noise measurement, and is standard in many sound level meters, it does not really
give valid results for noise because of the way in which the human ear analyzes sound.
The distance of the measuring microphone from a sound source is often omitted when SPL
measurements are quoted, making the data useless. In the case of ambient environmental
measurements of "background" noise, distance need not be quoted as no single source is present.
SPL meters are not smart- they present all the sound (noise) picked up by the meter at the meter's
location, as a single SPL, or dB 'number'- be it Dunes noise, watercraft noise, whatever- it's all
picked up and displayed as a number, representing the local environmental noise condition.
This local reading presents uncorrelated information, IE: it's not smart information, much as the
human ears and brain- we can correlate and discriminate, a SPL meter cannot. The information
obtained is not only Dunes related noise, it is ALL the local environment noise.
A smart, trained human must make the measurements, as only this person can understand exactly
what is taking place and how to solve it. as well as determine compliance, within the din of all
the local background noise that may be present- another reason we record the actual audio, as
well as the raw data- for later analysis.
Compliance monitoring is a very difficult science and requires sophisticated equipment and even
more sophisticated operators, especially when the compliance monitoring involves music related
noise buried in the overall ambient and local environmental noise.- it's simply not just a number...
The situation is compounded by the fact that people in the housing areas don't really care what
the dB reading is: they are only concerned with what they actually hear, and how it possibly
affects their lifestyle, especially at night.
The point of the discussion herein is- how can we improve the situation based on what people are
hearing?- COUPLED with what we measure as part of our compliance.
SMF believes we must be successful at both...
19 Sound Media Fusion, LLC. 1/25/2016
12-113
Loudest Calculated Sound Possible-194dB (Nuclear Bomb)
Loudest Sound Recored = 180db (Volcano of Krakatoua in 1883) = Destruction of Hearing Tissue
Jet engine at 3Grlt1
1W da
Fireworks limj
Rifle Being Fired at 1m
1do do
Rock Music Peak
Threshold of Pain
sa au� -
Threshold of Pain
Pneumanc Riverterhiarnnwr
1 z5 do
Amplified Heavy Mttal/Night Club
Cha i nsaw/Warning Siren
1200
frock Concert
Sand Blasting
t 1s du
Full Symphony Orchestra
Power Saw/Angle Gnndgr
t to do
Live Drums
Power Tools/Arid,
105 dJ
Mo iarge'Wind Instrument
Lawnmower/Matorcytle/Tractor
100 do
hlolamal Piano
City Street Noise With Traffic
no du
solulsmall Wind Instrument
Inside Car at Omph
BuwTraffic at lArn
Va[tlum cleaner las 6drkground Musk
Office Environment/Background Noise oo da Bird Calls
Moderate Rainfaff u de tl4rary
Desktop Crarnputer .�:� do Refrigerator
idle TV %dip „r du Idle Music Studio
tlumanMearingThreshelt rndll HumanllearingThreshold
I want to discuss the specifics of the Dunes project:
Earlier, we discussed sound propagation, refraction, diffraction, etc., as a means of discussing the
challenges and potential solutions for Dunes related noise.
The Dunes area presents significant noise mitigation and monitoring challenges, for several
reasons:
The local, water based environment presents significantly more challenges that a more normal,
non -water based housing area (referring to the Dover Shores community).
The water has a significant effect on sound propagation.
Refraction of Sound:
If the air above the earth is
warmer than that at the surface,
sound will be bent back
downward toward the surface by
refraction.
armep aK
farcrrs�
Cool ill
Voyi.er 5"ry,
pp.Liar
Sound propagates in all directions from a point source. Normally, only that which is initially
directed toward the listener can be heard, but refraction can bend sound downward. Normally,
only the direct sound is received. But refraction can add some additional sound, effectively
amplifying the sound. Natural amplifiers can occur over cool bodies of water.
The fact that the speed of sound is faster in warmer air bends some sound back downward
toward you - sound that would not reach your ear under normal circumstances. This natural
amplification over cool bodies of water is one of the few natural examples of sound refraction.
warren air _--
coal air------ -- -- ----�- � r� !
source
boder of water
This is precisely one of the challenges with the Dunes project.
Due to the effects of refraction, the Dover Shores community, at night, experiences some direct
energy from the sound, as well as some refracted energy, as discussed above, due to the water.
21 Sound Media Fusion, LLC. 1/25/2016
12-115
Sound from an event propagates out, and to some extent, up- it is reasonable to assume that some
of the energy propagating vertically is heard in the Dover Shores area, due to refraction, along
with direct energy and other refracted energy.
This is one reason that the apparent sound levels change from afternoon sound checks to evening
shows (along with the obviously quieter local community noise levels at night).
The effects of refraction, on a given day/night are difficult to predict, which is why the
mitigation and monitoring protocol must remain fluid and must employ a person with
considerable acoustic background in order to control the noise on an event by event basis.
One challenge with solving a noise problem on a particular event, is understanding where the
noise is coming from- the audience sound system, band equipment (drums, guitar amplifiers,
etc.), or stage monitors (or a combination) ... it's not just a simple matter of turning the sound
down.
One must understand the entire event (sound design, equipment used, etc.), in order to
intelligently 'fix' the problem.
Let's discuss some specifics:
Based on simple acoustic theory- sound will decrease based on distance (not so simple, due to
the water effects we have already discussed).
If we examine the average distances from an event at the Dunes tent, for example, situated near
the earthen berm, we can calculate what the maximum levels should be at the Dunes site, based
on legal levels established for the housing areas.
22 Sound Media Fusion, LLC. 1/25/2016
12-116
Here is an overview of the area under discussion:
The approximate distance from the Dunes tent to the center of the three primary Dover Shores
streets under discussion here (Morning Star Lane, Evening Star Lane and North Star Lane) is
1,600 feet.
Based on acoustic theory, the sound level should decrease some 6 dB for every doubling of
distance from the source. It's known as the inverse square law.
Based on the inverse square law, if we have, for example, a source with a dB level of 100, at
1,600 feet from the source the level should be approximately 46 dB.
This is a direct line of sight- simplistic- calculation, but serves to illustrate the point that, at 1,600
feet, we should be in compliance (and you should not hear us) if the level at the source is 100 dB
maximum.
But- it's too simplistic, and does not account for the sound traveling over water and myriad other
effects.
It also does not account for hearing sensitivity VS frequency.
23 Sound Media Fusion, LLC. 1/25/2016
12-117
Sound sources during a live band:
1) Sound system for audience. This is one of the primary systems we are controlling, by
increasing directionality, etc.
2) Stage monitor system. This is usually a system that faces the artist ... in the case of a show in
the tent, or at the tent location, with the stage near the beach, the sound from the stage monitors
is directly facing the housing areas. More challenging to control.
3) Backline equipment (drums, guitar amplifiers, etc.). Very challenging to control, especially
something acoustic such as the drums.
I want to discuss the specific case of a stage located either in the Dunes tent, or a stage, outdoors,
in the same area- as is typical for larger events at the Dunes.
In order to improve the noise situation, one must study, in detail, the problem and how best to
solve it.
This requires experiments to determine the best means of improving the situation.
Numerous approaches have been taken over the last year to improve the noise situation:
1) One of the first, as SMF became involved in the project, was simply better control over sound
system and stage monitors levels, along with using better equipment to monitor the sound.
2) This quickly proved to be not enough. The challenge for SMF was that the events were
already booked, and sound equipment was also already booked, frequently by the visiting act
bringing in their own equipment. It became quickly apparent that much more work was required.
3) We mandated early on that all events, at least by the 2016 season, needed to use sound
systems designed by SMF and provided by the Dunes selected vendor. This has occurred now at
a number of events and we are slowly making progress on the improving the designs.
4) If a noise can't be quieted at the source, path modification is commonly the next step.
24 Sound Media Fusion, LLC. 1/25/2016
12-118
Recently, we did the first in a series of actual acoustic tests involving a noise mitigation wall:
The simplistic wall is made of stacked steel shipping containers. Please see the detail report as
Attachment A, at the end of this document.
Note that such a wall must be much longer to be truly effective (and possibly taller as well),
AND, it does not address the refraction effects we have discussed earlier- this wall can only
affect direct sound, and as we have discussed, this is not enough.
25 Sound Media Fusion, LLC. 1/25/2016
12-119
The next test we did involved using an actual band, in the tent, with the wall, as above, in place:
The picture is taken to the side of the tent/wall. The Dover Shores homes would be to the rear of
the wall, left side of this photo, for reference.
Two points are readily obvious: the tent has been set-up too far from the wall, and the wall
needs to be longer to effectively help control the direct sound.
Sound directly behind the wall (in the acoustic shadow we discussed earlier) was well controlled,
as one would expect, however, sound, as SMF expected, was emitted to the side of the wall, by
the wall being too short. Sound was effectively, going to the side and around the wall.
Direct sound from the band was heard in the housing areas. It's indeterminate as to how much
was direct energy and how much was refracted energy- likely some of both, but quickly apparent,
as we expected, that a lot of direct sound would get to the housing areas.
The majority of the sound in the housing areas was from the band equipment and largely- the
stage monitors- not so much from the audience sound system.
Interesting to also note that the people in the tent enjoying the show could also be heard in the
Dover Shores housing areas.
What is required, is a wall system closely coupled to the stage, in order to effectively control
direct sound at the source.
26 Sound Media Fusion, LLC. 1/25/2016
12-120
The pictures below illustrate the structure that will be used in tests near the end of December,
2015, for Beach Cities Church services on December 23 and the Dunes New Years Eve event:
'Interlar wall & folded velwir cldlln, top to bottom.
'r Aerlor wall is mass loaded vinyl, top to buttnnl,
18'
1
�I
r 2V
1W
au'
The wall consists of a special acoustic plastic called "Mass Loaded Vinyl", on the rear of the
walls, and heavy velour theatrical curtains on the front side.
The wall will encompass the entire stage and PA area, as shown, and will help to effectively
control sound from the rear of the audience sound system, the stage monitors, as well as the on-
stage band equipment.
The wall will be effective in controlling all except low frequency energy ... the wavelengths of
low frequency energy are too long for this wall to be effective- the energy will go around and
over the wall.
27 Sound Media Fusion, LLC. 1/25/2016
12-121
The wall will also help to control some of the acoustic reflections in the tent.
At the time of this report, the events have not taken place and as a result, we can't report on
effectiveness.
SMF does, however, believe it will provide considerable benefit, and allow us to see what other
measures are required.
Note that this will act to control the direct sound- it does not address potential refraction
challenges, as we have discussed early, as sound is still emitted vertically.
One of the goals with this test is to try and determine how much of the sound occasionally heard
in the Dover Shores area is directly radiated, versus radiation by refraction.
How do we control low frequency energy? By limiting the number and kind of low frequency
speakers that can be used during an event, and, specifying a low frequency system that is
directional- producing a much smaller amount of energy at the rear of the speaker, therefore
minimizing the amount of direct energy getting into the housing areas.
It has become abundantly clear that the Dunes has to significantly limit the amount of low
frequency energy emitted, whether the low frequency energy is emitted via the audience sound
system, stage monitors, or band equipment.
This type of wall will be effective for events in the tent, as well as large outdoor events.
A similar, simplified system will be used for smaller events.
The results of the testing will help to determine the exact nature of acoustic barriers.
It should be understood that the acoustic design, sound system design and testing is an ongoing
process, in order to have maximum noise mitigation.
Means of mitigation may employ techniques, in the future, such as noise masking (a means of
making the entertainment noise less correlated, thereby rendering it less noticeable) and beam
steering (a means of 'steering' acoustic energy away from an area)- in order to improve
mitigation.
It is apparent through our experience and testing, that more aggressive means of noise control are
required.
28 Sound Media Fusion, LLC. 1/25/2016
12-122
Noise Mitigation and Monitoring Plan
The City's noise ordinance standards (Chapter 10.26 -Community Noise Control) state that the
allowable average exterior noise level experienced in a residential area shal l not exceed 55
dB(A) for any 15 -minute period during the daytime hours of 7:00 a.m. to 10:00 p.m. During
the nighttime hours of 10:00 p.m. to 7:00 a.m. the standard is 50 dB(A). The maximum
instantaneous noise level that is permitted is 75 dB(A) during the daytime or 70 dB(A)
during the nighttime. If the ambient noise level exceeds these standards, then the ambient
shall be the standard.
This standard will be modified herein, based on our testing, to improve community noise
mitigation.
Herein, the words 'entertainment' and 'event' are used interchangeably, and it is assumed
herein that the discussion/requirements apply to amplified sound, although at times, non -
amplified acoustic sound needs to be considered as well.
At all times the Dunes will employ an engineer to monitor sound, and act as the receiving point
for sound complaints.
Level 1 Events (less than 1,000 people and/or events employing a small sound system) can
employ a qualified Dunes sound monitor. All large events will require a qualified sound
monitor with an understanding of measurement technique, sound systems and acoustics, supplied
by SMF.
The Dunes is to work with SMF, prior to booking entertainment or event, to help insure that
entertainment is suitable (acoustically) for the Dunes environment.
All Dunes events will utilize sound equipment as specified by SMF. All sound equipment used
will be designed by SMF and supplied by the Dunes sound vendor (selected by SMF). No
outside sound equipment is permitted, including stage monitors.
The Dunes sound vendor will supply a system engineer, solely responsive to the Dunes sound
monitor, for all events. The system engineer will be responsible for level control, independent
from the entertainments engineer(s).
All visiting acts and engineers will be made aware of the fact that the Dunes is in a highly noise
sensitive area, and noise control is of paramount importance.
Sound sources will point away from the Bay, largely focused to the direction of Pacific Coast
Highway.
Noise control barriers will be used at all times, as specified by SMF.
Allowable venue sound levels are based on the following:
1) At all times reasonably audible noise and measured levels- in the housing areas- take
precedence over levels in the venue, as determined solely by the Dunes sound monitor. If, in
29 Sound Media Fusion, LLC. 1/25/2016
12-123
the opinion of the Dunes sound monitor, levels need to be adjusted, the Dunes sound
engineer must comply, and take all necessary actions to insure reasonably immediate
compliance. At no time, in any residential monitoring area, are measured levels to exceed 55
dB, A weighted over an average 15 minute window (Leg15) from 7 AM to 10 PM, and no
higher than 50 dB, A weighted, from 10 M to 2 AM. Sound is not allowed past 11 PM,
unless permitted by the conditional use permit or specifically and separately approved by a
special event permit. Under no circumstances is sound allowed past 2 AM.
2) As a reference, allowable levels in the venue, measured at a distance of 40 feet from the front
of the sound system- left and right and from stage center, are not to exceed averages of 93 dB,
Z weighted and at no time shall levels exceed peaks of 100 dB, Z weighted. The Dunes
sound monitor has sole discretion as to any allowable increase or variance in SPL.
3) Levels measured 30 feet from the sides and rear of the stage area and/or event area, are not to
exceed averages of 85 dB, Z weighted, at any time.
4) If more than one entertainment venue is being used simultaneously with another venue,
levels will be adjusted:
a. Two entertainers, all levels will be turned down by 3 dB.
b. Three entertainers, all levels will be turned down by 5 dB.
c. Four entertainers, all levels will be turned down by 6 dB.
d. Five entertainers, all levels will be turned down by 7 dB.
e. Six entertainers, all levels will be turned down by 8 dB.
5) Levels are inclusive of the audience sound system, stage monitors and band equipment.
Level control process is from the Dunes sound monitor to the Dunes systems engineer.
Visiting sound engineers, representing the entertainment or event, don't have ultimate level
control.
6) The Dunes sound monitor will take readings during sound checks in the housing areas, as
well as the venue, in order to determine if additional noise mitigation steps are required.
The language in paragraphs one through six, above, must be included in all event/entertainment
contracts.
7) Sound systems will be broken down into three basic types:
For Level 2 and Level 3 events (attendance of more than 1,000 people), a small line
array system is to be used in order to control the vertical energy emitted by the
system. The exact system detail will be determined at a later date, something such
as an 8 box, small format system is expected. The system will fly. The system will
be effectively high -passed, to go no lower than 100 Hz. In no case will the system
horizontal dispersion be more than 90 degrees per side.
The rear of the line array system may require sound blocking material, such as the
Mass Loaded Vinyl discussed herein, on page 27. Such barriers are to be provided
by the Dunes.
30 Sound Media Fusion, LLC. 1/25/2016
12-124
Subwoofers will be cardioid in terms of their emitted pattern, in order to minimize
rear energy, with the broadband, rear energy at least 10 dB less than front energy.
The subwoofer array will consist of no more than 4- 18" drivers per side.
Subwoofers will be high -passed at 60 Hz to minimize extreme low frequency
energy. Energy emitted by the subwoofers will spectrally match the energy emitted
by the line array, and at no time, will the low frequency energy emitted be
spectrally unbalanced compared to the line array, using pink noise as a
measurement source. Subwoofers will be driven as a system component- not from
an aux send, in order to keep the spectral balance and insure low frequency
compliance.
System set-up tuning will be performed by SMF and will not be adjusted by others
at anytime.
A sound mitigating structure of the type(s) discussed herein will be used, whether
the event is indoor or outdoor, and will consist, at minimum, of the closely coupled
structure discussed herein on page 27.
Additional acoustic barriers may be specified by SMF, behind drums and guitar rigs.
If at all possible, stage monitoring systems will utilize in -ear monitors, in order to
minimize stage volume.
If stage monitor speakers must be used, the following will apply:
-There are to be no side fill monitor speakers used.
-Drum monitor system cannot employ a separate subwoofer.
-Every effort will be taken to insure that reasonable stage monitor levels will be
used.
Sound system vendor is to supply an FOH SPL meter of a type specified by SMF,
and system engineer will insure compliance at all times, with ultimate authority
resting with the Dunes sound monitor, and levels may have to be reduced
depending on audible and measured housing area levels. At all times, the System
engineer will report directly to, and be responsive to, the Dunes sound monitor.
Entertainment providing it's own sound engineer will work in close coordination
with SMF and the Dunes sound vendor engineer in order to insure compliance.
Levels will be set by the Dunes sound monitor, and controlled by the Dunes system
engineer- NOT the entertainment engineer.
At all times, the Dunes sound monitor will be the sole determining body for level
compliance and the visiting engineer and the Dunes sound vendor engineer will
work closely with the Dunes sound monitor to insure compliance.
Sound checks/rehearsals will be as short as possible.
The Dunes sound monitor will make checks throughout all sound checks/rehearsals
and performances.
31 Sound Media Fusion, LLC. 1/25/2016
12-125
II. For Level 2 events (attendance of 1,000 to 5,000 people), a small line array, or,
ground stacked three-way system will be used, depending on exact event detail, as
determined by SMF. The exact system detail will be determined at a later date. The
system will be effectively high -passed, to go no lower than 100 Hz. In no case will
the system horizontal dispersion be more than 90 degrees per side.
The rear of the speaker system may require sound blocking material, such as the
Mass Loaded Vinyl discussed herein, on page 27. Such barriers are to be provided
by the Dunes.
Subwoofers will be cardioid in terms of their emitted pattern, in order to minimize
rear energy, with the broadband, rear energy at least 10 dB less than front energy.
The subwoofer array will consist of no more than 2- 18" drivers per side.
Subwoofers will be high -passed at 60 Hz to minimize extreme low frequency
energy. Energy emitted by the subwoofers will spectrally match the energy emitted
by the main array, and at no time, will the low frequency energy emitted be
spectrally unbalanced compared to the main system, using pink noise as a
measurement source. Subwoofers will be driven as a system component- not from
an aux send, in order to keep the spectral balance and insure low frequency
compliance.
System set-up tuning will be performed by SMF or Dunes sound vendor, on a case
by case basis and will not be adjusted by others at anytime.
A sound mitigating structure of the type(s) discussed herein will be used, whether
the event is indoor or outdoor, and will consist, at minimum, of the closely coupled
structure discussed herein on page 27, albeit in a possibly smaller construction, as
determined on a case by case basis.
Additional acoustic barriers may be specified by SMF, behind drums and guitar rigs.
If at all possible, stage monitoring systems will utilize in -ear monitors, in order to
minimize stage volume.
If stage monitor speakers must be used, the following will apply:
-There are to be no side fill monitor speakers used.
-Drum monitor system cannot employ a separate subwoofer.
-Every effort will be taken to insure that reasonable stage monitor levels will be
used.
Sound system vendor is to supply an FOH SPL meter of a type specified by SMF,
and system engineer will insure compliance at all times, with ultimate authority
resting with the Dunes sound monitor, and levels may have to be reduced
depending on audible and measured housing area levels. At all times, the System
engineer will report directly to, and be responsive to, the dunes sound monitor.
32 Sound Media Fusion, LLC. 1/25/2016
12-126
Entertainment providing it's own sound engineer will work in close coordination
with SMF and the Dunes sound vendor engineer in order to insure compliance.
Levels will be set by the Dunes sound monitor, and controlled by the Dunes system
engineer- NOT the entertainment engineer.
At all times, the Dunes sound monitor will be the sole determining body for levels
compliance and the visiting engineer and the Dunes sound vendor engineer will
work closely with the Dunes sound monitor to insure compliance.
Sound checks/rehearsals will be as short as possible.
The Dunes sound monitor will make checks throughout all sound checks/rehearsals
and performances.
III. For Level 1 events (attendance of less than 1,000 people), a small ground stacked
two or three-way system will be used, depending on exact event detail, as
determined by SMF. The exact system detail will be determined at a later date. The
system will be effectively high -passed, to go no lower than 90 Hz. In no case will
the system horizontal dispersion be more than 90 degrees per side.
The rear of the speaker system may require sound blocking material, such as the
Mass Loaded Vinyl discussed herein, on page 27. Such barriers are to be provided
by the Dunes.
Subwoofers will be cardioid in terms of their emitted pattern, in order to minimize
rear energy, with the broadband, rear energy at least 10 dB less than front energy.
The subwoofer array will consist of no more than 1- 18" driver per side.
Subwoofers will be high -passed at 60 Hz to minimize extreme low frequency
energy. Energy emitted by the subwoofers will spectrally match the energy emitted
by the line array, and at no time, will the low frequency energy emitted be
spectrally unbalanced compared to the main system, using pink noise as a
measurement source. Subwoofers will be driven as a system component- not from
an aux send, in order to keep the spectral balance and insure low frequency
compliance.
System set-up tuning will be performed by the Dunes sound vendor and will not be
adjusted by others at anytime.
A smaller, simplified sound mitigating structure of the type(s) discussed herein will
be used, whether the event is indoor or outdoor, and will consist, at minimum, of
the closely coupled structure discussed herein on page 27.
Additional acoustic barriers may be specified by SMF, behind drums and guitar rigs.
If stage monitor speakers must be used, the following will apply:
-There are to be no side fill monitor speakers used.
-Drum monitor system cannot employ a separate subwoofer.
33 Sound Media Fusion, LLC. 1/25/2016
12-127
-Every effort will be taken to insure that reasonable stage monitor levels will be
used.
Sound system vendor is to supply an FOH SPL meter of a type specified by SMF,
and system engineer will insure compliance at all times, with ultimate authority
resting with the Dunes sound monitor, and levels may have to be reduced
depending on audible and measured housing area levels. At all times, the System
engineer will report directly to, and be responsive to, the dunes sound monitor.
Entertainment providing it's own sound engineer will work in close coordination
with SMF and the Dunes sound vendor engineer in order to insure compliance.
Levels will be set by the Dunes sound monitor, and controlled by the Dunes system
engineer- NOT the entertainment engineer.
At all times, the Dunes sound monitor will be the sole determining body for levels
compliance and the visiting engineer and the Dunes sound vendor engineer will
work closely with the Dunes sound monitor to insure compliance.
Sound checks/rehearsals will be as short as possible.
The Dunes sound monitor will make checks throughout all sound checks/rehearsals
and performances.
8) Noise monitoring will address all housing areas potentially impacted by a given event, with
specific focus on the Dover Shores housing areas.
The primary challenge in the Dover Shores housings areas is the fact that publicly accessible
monitoring locations don't necessarily reflect the sound heard by the community, either inside or
outside their homes, especially the homes with a rear area close to the water.
Our results indicated, on two occasions, with one specific residence, that we could hear and
measure more sound at the rear of a home, near the water, than we could hear or measure in
normally accessible monitoring areas.
The acoustic environment at the area of a home on the water is completely different than the
publicly accessible noise monitoring locations we have identified and used
This is particularly problematic and will require further discussions.
One could assume the solution would be to simply change the maximum housing area noise
limits to a lower level to solve this challenge.
This won't necessarily solve the problem, as the noise could very well be at different levels
depending on refraction (as discussed earlier) and other variables, from one day to another.
We believe the best approach is to follow all procedures outlined herein, especially regarding
acoustic barriers, in order to asses the situation further.
34 Sound Media Fusion, LLC. 1/25/2016
12-128
More testing needs to be performed over time to determine if we can arrive at a reliable
correlation between the sound heard and measured at the rear of a home and the sound heard and
measured at one of our identified monitoring locations.
Our typical monitoring areas are:
1', n � T'A-I--:- A IC_.....:— 0-
2) At Polaris and North Star
35 Sound Media Fusion, LLC. 1/25/2016
12-129
4) Near the Dunes Bridge
Noise is to be monitored at the locations identified above, at a minimum.
In addition, noise is to be monitored on Back Bay Road, near the Back Bay Bistro entrance
gate.
Much work remains to be done, and will consist of -
1)
£
1) Continuing to listen and monitor to insure compliance.
36 Sound Media Fusion, LLC. 1/25/2016
12-130
2) Continue to further develop means of acoustic control through noise barriers and other
possible means.
3) Work with the Dunes prior to any events, in order to determine the best type of sound
system to use, along with appropriate acoustic means of mitigation to be used.
4) Continue to refine the exact type of sound equipment to be used.
5) Continue community communications.
We appreciate the opportunity to deliver this report and we wish to express our desire to
continue our work.
Gary Hardesty, Principal Consultant- Sound Media fusion, LLC.
37 Sound Media Fusion, LLC. 1/25/2016
12-131
ATTACHEMENT A
38 Sound Media Fusion, LLC. 1/25/2016
12-132
The Dunes
Newport Beach, California
Noise Mitigation Tests
September 16, 2015
Sound Media Fusion, LLC. (SMF)
Van Nuys, California
Gary Hardesty
(1) 818-482-0193
Audiomicro42@gmail.com
12-133
As a first step to true sound mitigation, SMF has worked over the last few weeks with Dunes
personnel to create a noise mitigation wall.
The wall was designed using steel cargo containers, stacked two high by three long, enabling a wall
structure approximately 100 feet long, by 20 feet tall.
The intent was for the wall to be placed in the same area, near the berm, as the tent structure is
place for shows/stages.
The design is such that the bulk of the frequency range of music would be mitigated, to
approximately 15 dB, down to a frequency of approximately 120 Hz. behind the wall, and,
approximately the same attenuation in the line of sight housing areas.
The wall was erected the week of September 14, 2015.
The day of September 16, SMF was on site for the set-up and testing.
Tests consisted of two identical speaker systems:
1) One placed in the open, facing the housing areas. This was the reference speaker, used to
determine a high level of sound, much higher than compliance would allow, in the housing
areas, in order to act as a comparative reference.
2) Second placed, in between wall and houses, approximately where it would be placed if the
tent and stage were in place for a show ... facing the housing areas. This allows a
measurement between the reference speakers and the mitigated speakers.
3) Both speaker systems were operated at exactly the same level, with the difference in level
between the two equaling the effective mitigation performed by the wall, acting as an acoustic
barrier.
The intention was to create a worst case scenario, whereby the speakers were facing houses directly,
and, were run at a considerably higher level than they would be for a show.
Speaker systems were run at 105 dB, measured at a distance of 40 feet. This level was chosen to
make the reference speaker noise clearly audible above ambient noise, in the housing areas, for the
purposes of this test.
In the near filed, measuring the level of sound, using pink noise, and reference frequency sweeps,
along with a female voice, showed an attenuation of 16 dB- somewhat better attenuation than was
predicted.
Effective attenuation was maintained, in the near filed, down to approximately 100 Hz. (note that
there were sound leaks between containers and a significant gap between the berm and the first
containers, all of which allowed considerable sound to escape).
SMF tested at multiple areas in the housing areas.
12-134
Findings were such that the wall made the test signals and noise nearly inaudible compared to the
highly audible reference speaker sound.
Measuring the sound showed the same result: levels were approximately 14 dB lower using the wall.
This is a significant test, which shows that using such an acoustic wall can definitely and dramatically
improve noise mitigation in the housing areas.
Human voice virtually disappeared compared to the reference speaker, which was highly audible.
SMF recommends that such a wall be used for all upcoming shows and events.
SMF will require more work to be done, which includes sealing the air gaps from container to
container, as well as closing the gap with another wall, between the first container and the berm.
Such work will further insure improved mitigation, at lower frequencies and overall better mitigation
at all frequencies.
SMF will also request acoustic absorption material be applied to the container walls facing the
tent/stage- in order to avoid sound reflections into other housing areas.
For the upcoming Marine Ball, the wall as put in place, is likely sufficient for the event.
This testing acts as a first step towards further mitigation work.
In addition, SMF will continue to work to:
1. Briefly define the sound systems for the various events (small, medium and large). This will
help to control directivity and describe low frequency (bass) mitigation design.
2. Define max SPL levels allowed at:
o Front of House (FOH) mix location.
0 75 feet behind, left and right of the stage.
0 200 feet from venue in 4 directions, with the stage at the center.
o Nearest housing area or hotel.
3. Review existing noise ordinances and make sure the definitions (above) are below the allowed
max levels, to give us some headroom' in case of any issues.
4. Define SPL measurement equipment to be placed at the FOH location.
5. Create a document that becomes part of the contract between performers/sound Company
and Dunes to ensure agreement with new policies.
6. Act as the noise mitigation expert on site during large events, to properly mitigate noise
through communication with FOH sound engineer and listening/monitoring in defined areas.
7. Stakeholder meetings to inform them of the new procedures to start developing trust and
provide a direct communication path (if desired).
8. Provide a written and documented report following each major event.
It is recommended that SMF be on site for a variety of events, large and small, for at least the next
season, in order to further study noise and mitigation required.
12-135
Attachment F
Call for Review Form
12-136
Z
U
F0
Call for Review
Community Development Department
Planning Division
100 Civic Center Drive / P.O. Box 1768
Newport Beach, CA 92658-8915
(949)644-3204 Telephone 1(949)644-32'29 Facsimile
www.newportbeachca.gov
Application to Call for Review
the Decision of the,
For Office Use Only
Date Filed: )II /]�
Received by: Z
0 Zoning Administrator
Cl Community Development Director
Cl Hearing Officer
El Flood Plain Administrator
)e Planning Commission
City Council or Planning Commission Member:
Name:
Application Called for Review:
Name of Applicant: 149WP497- 'VVN&5,- Date of Decision:
Project No. (PA): F',4Z2>k5-4>S?4 Activity No.. -
Site Address: W3I Fit�&All' TWLIV�
Project Description: (attach separate sheet if necessary)
NEWP740MI-_ pur� `55-p*:f� AVICF_kr!5_
Signature of City Council or Planning Commission Member:
Signature Date: 17— 14-
20.64.0303.2. - A call for review is exempt from the payment of a filing fee under Section 3.36.030, or any
successor provision.
1AUserMCMSharedlegal AdvertlsingCall fpr Review AmAcadon docX.dooc Updated 02/16116
12-137
Attachment G
March 16, 2016 Sound Test Photos
12-138
12-139
12-140
Attachment H
2014 and 2015 NDR Events
12-141
Iumoer v
knnlicafic
180
160
140
120
100
80
60
40
20
0
Am
No. of Event Applications
2012
158 155
129
2013 2014
2015*
12-142
01/28/16 Community Development Department - Planning Division 1
Aft
40
35
30
25
20
15
10
5 3
0
Newport Dunes Resort
No. of Applications by Month
2015
35
Jan Feb Mar Apr May Jun Jul Aug Sep
01/28/16 Community Development Department - Planning Division
Oct Nov Dec
■ No. of Events
12-143
2
35
30
25
20
15
10
5
0
Flo'
F-
U ' y�
dK
i l �Cf fiO RN�
Newport Dunes Resort
No. of Applications by Month
2014
31
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
12/05/15 Community Development Department - Planning Division
■ No. of Events Applications
12-144
2
7
The" U. s
Newport Dunes Resort
Estimated No. of Participants
2015
401-500 500+
7% 11%
0-100
301-400 39%
10%
201-300
7% 101-200
26%
12-145
01/28/16 Community Development Department - Planning Division 3
7
age"
e U. s
Newport Dunes Resort
500+ Estimated No. of Participants
7% 2014
401-500
6% 301-400
4%
201-300
11% 0-100
51%
101-200
21%
12-146
12/05/15 Community Development Department - Planning Division 3
I F.
120
100
8o
6o
40
20
M
a
01/28/16
I
Newport Dunes Resort
Special Event Permit Applications
2
37
2 0
24
61
15
35
25 23
FRI-SAT SUN-THU FRI-SAT
2014 2015 2015
Community Development Department - Planning Division
Lei
Event End
Time
AFTER 10:00 PM
9:00-10:00 PM
6:00-9:00 PM
6:00:00 PM OR EARLIER
12-147
4
30
3000
2500
2000
1500
1000
500
0
Dec Jan Feb Mar Apr May Jun
I IF40
A i (air$ FaTNT9i
Newport Dunes Resort
Special Event Permit Applications with 250+ Total Daily Attendance
12/05/15
Jul Aug Sep
Community Development Department - Planning Division
Oct Nov Dec Jan
■ Single Event
■ Multiple Events
12-148
5
Iumoer v
knnlicafic
180
160
140
120
100
80
60
40
20
0
Am
No. of Event Applications
2012
158 155
129
2013 2014
2015*
12-149
01/28/16 Community Development Department - Planning Division 1
fib
40
35
30
25
20
15
10
5 3
0
Newport Dunes Resort
No. of Applications by Month
2015
35
Jan Feb Mar Apr May Jun Jul Aug Sep
01/28/16 Community Development Department - Planning Division
Oct Nov Dec
■ No. of Events
12-150
2
Newport Dunes Resort
Estimated No. of Participants
2015
401-500 500+
7% 11%
0-100
301-400 39%
10%
201-300
7% 101-200
26%
12-151
01/28/16 Community Development Department - Planning Division 3
I F.
120
100
8o
6o
40
20
M
a
01/28/16
f�
Newport Dunes Resort
Special Event Permit Applications
2
37
2 0
24
61
15
35
25 23
FRI-SAT SUN-THU FRI-SAT
2014 2015 2015
Community Development Department - Planning Division
Lei
Event End
Time
AFTER 10:00 PM
9:00-10:00 PM
6:00-9:00 PM
6:00:00 PM OR EARLIER
12-154
4
1
1%
01/28/16
Lt
Newport Dunes Resort
2015
9
9 6%
6%
19
13%
35
23%
JOWN00- -11111h.,
r]
6 1 W
Community Development Department - Planning Division
12-153
5
■ DJ
■ MOVIE
77
a BAND(S)
51%
m BAND(S) & DJ
■ PA
■ RECORDED MUSIC
Community Development Department - Planning Division
12-153
5
O.C. Weekly Summerfest
Fourth of July Fireworks Display
Beach Cities Church 3,000
12-154
02/03/2016 Community Development Department - Planning Division 7