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HomeMy WebLinkAbout19 - Special Event Permit Noise RegulationsCouncil Agenda No. 19 November 14, 2000 COMMUNITY SERVICES DEPARTMENT Arts Et Cultural - Library - Recreation - Seniors To: Mayor it Members of City Council From: Andrea McGuire, Senior Recreation Manager (on behalf of the City Staff responsible for Special Events Permits) Re: Staff Recommendation Regarding Special Event Permit Noise Regulations RECOMMENDATION 1. Hire a sound consultant to help craft noise regulations that are reasonable and enforceable for special events in general. 2. Require all future Special Event Permits which permit amplified sound to provide an on- site contact person, with phone number and /or pager, who can regulate volume upon direction from the Police Department or Code Enforcement Officers. 3. Require all Level 4 permits to pay for a code enforcement officer's time to do periodic reviews to insure they are in compliance. BACKGROUND The Special Event Permit process grants over 300 permits per year. In 1999, there were 322 permits issued. Approximately 75% of these requested use of amplified sound. As of this date there have been 297 permits issued in the year 2000. Special Events Permit applications are routed to various City Departments for review and conditions are placed on the permit to prevent negative impacts upon the community as directed in Council Policy 1 -7. Larger events, such as Taste of Newport, Hyatt Jazz Festival and the Race for the Cure, have become increasingly popular. This popularity creates challenges for City Staff in noise and traffic controls. Noise controls have become the largest issue in the past year. Current sound conditions as they are written are unenforceable. This most recently became apparent with the Taste of Newport and the noise complaints associated with that event. Below are the current conditions used for amplified sound. Current Amplified Sound Conditions Amplified sound not to disturb area residents or businesses, not to be audible in excess of 150 feet from the source, not to begin before _ and to cease by _ or at the order of Police. 2. Amplified sound not to disturb area residents or businesses, not to be audible in excess of 150 feet from the source, not to begin before and to cease by or at the order of Police. Applicant must demonstrate to the City in writing that they have contacted the XXX Homeowners Association regarding the times and type of music to be played. 3. The live entertainment must be limited to a location within the building or be located in such a way that the structures on -site provide a barrier between the entertainment area and residential areas. Staff Recommendation Regarding Special Event Permit Noise Regulations Page 2 4. The noise generated by the live entertainment must comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than 55 DBA at any property line adjoining a residential district. 5. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions. This information shall be used to modify the operation of any subsequent live entertainment should it be requested for any additional activities. 6. That the amplified sound allowed in association with this Special Event Permit shall be limited so that the sound is confined to the interior of the structure. When the entertainment is performed, all windows and doors of the facility shall be closed, except when entering and leaving by the main entrance of the facility. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise. generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: A City staff committee has met to discuss this issue focusing on the following questions: 1. How can sound conditions be written so they can be enforced? 2. How does city staff enforce sound conditions? 3. How can staff craft conditions to insure event organizers are more responsive to City concerns? 4. What is reasonable noise that can be generated from "community events "? 5. How is the community informed about these upcoming events? 6. How can the police be expected to "shut down" an event when noise complaints are received? The committee agreed that since amplified sound is a major problem for many events, the following steps be initiated as soon as possible. 1. Hire a sound consultant to help craft noise regulations that can be enforced for special events in general. 2. Require all future Special Event Permits that have amplified sound to provide an on -site contact person and phone number and pager who can regulate volume. 3. Require Level 4 events to pay for a code enforcement officer's time to do periodic reviews to insure they are in compliance. Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA A City staff committee has met to discuss this issue focusing on the following questions: 1. How can sound conditions be written so they can be enforced? 2. How does city staff enforce sound conditions? 3. How can staff craft conditions to insure event organizers are more responsive to City concerns? 4. What is reasonable noise that can be generated from "community events "? 5. How is the community informed about these upcoming events? 6. How can the police be expected to "shut down" an event when noise complaints are received? The committee agreed that since amplified sound is a major problem for many events, the following steps be initiated as soon as possible. 1. Hire a sound consultant to help craft noise regulations that can be enforced for special events in general. 2. Require all future Special Event Permits that have amplified sound to provide an on -site contact person and phone number and pager who can regulate volume. 3. Require Level 4 events to pay for a code enforcement officer's time to do periodic reviews to insure they are in compliance. • E SPECIAL EVENT PERMIT REQUEST PROCESSING PURPOSE I -7 To set forth City policy concerning administration and control of special events. Special events include activities as defined by Municipal Code Chapter 5.10. Requests that include activities for which the Municipal Code requires that a permit be obtained may be included in the special event permit process. POLICY It is the policy of the City Council to ensure that the numerous special event activities permitted by the City do not negatively affect the community, that requests for permits are efficiently processed by staff, that City liability is eliminated, that all appropriate insurance requirements are met, and that costs for municipal services provided are kept at a reasonable level and recovered from the event sponsors. Affected City departments shall be notified of special event permit requests in accordance with the schedule attached and provide recommendations on how to conduct the event safely, lawfully and with a minimum negative impact on the community. It is the responsibility of the Community Services Director to coordinate the administration of special events and to be the central contact point for residents or other event sponsors, as well as the various City Departments having influence or control over aspects of any given event. Requests for special event permit applications will be received by a special event coordinator in Community Services and routinely routed to appropriate departments for investigation. Each department will investigate the proposed event and make a recommendation for approval or denial of the event. If recommended for approval, recommended conditions for approval will also be presented. Events that include the following activities or aspects shall be additionally reviewed by the departments indicated: Actiyity Fireworks Tents & Canopies • Reviewing_ Department Fire and Marine Department Fire and Marine Department Building Department Requests on the Harbor Requests on the Balboa Pier Requests on McFadden Plaza Requests on the Newport Pier Requests on Public Beaches Requests in a Public Park Requests to Deviate from Use Permit Requests at a Commercial Location Garage Sales Signs & Banners on Private Property Signs & Banners on Public Property Amplified Sound at a Commercial Location Amplified Sound at a Residential Location Temporary Street or Sidewalk Closures Sidewalk Sales Use of Public Property Public Food Service Use of Back Bay Drive Marine Department Sheriffs Harbor Department Public Works Public Works Public Works Marine Department General Services Community Services Department General Services Planning Department Planning Department Planning Department Planning Department Public Works Planning Department Police Department Public Works General Services Public Works Risk Manager Health Department Department of Fish & Game General Services Public Works I -7 If each department reviewing a special event permit application recommends approval of issuance of the permit, a permit will be issued to the applicant listing the conditions provided by each department. The City Council shall authorize approval of any request for special event permit when: • 40 • I -7 A. Required by Municipal Code. B. One or more reviewing departmeiiti recommends denial. C. The applicant desires to deviate from the conditions recommended by reviewing departments. Adopted - January 24,1994 Amended - February 24,1997 0 0 3