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4.0_Newport Dunes Resort Special Events_PA2015-084
CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 8, 2017 Agenda Item No. 4 SUBJECT: Newport Dunes Special Events One-Year Review (PA2015-084) SITE LOCATION: 1131 Back Bay Drive ■ 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 first-year review of Conditional Use Permit UP2015-021, which allows the Newport Dunes Resort to conduct small-scale (Level 1) events without special event permits. The review will determine compliance with the conditions of approval and the effectiveness of the noise level monitoring and mitigation program. The current conditions of approval provide for an increase in the number of Level 1 events permitted each year from 250 to 500. If the Planning Commission seeks to modify or add new conditions of approval, the recommended changes shall to forwarded to the City Council for consideration. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15323 (Class 23 - Normal Operations of Facilities for Public Gatherings of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. finding compliance with the conditions of approval for Conditional Use Permit No. UP2015-021 (Attachment No. PC 1). �� QP �� ��P P�" O� �� �� \�� Newport Dunes Special Events Planning Commission, June 8, 2017 Page 2 VICINITY MAP r` ------------ RFROJECT SITE °! AEWPORT 1. DUNES s, .a f. r } GENERAL PLAN ZONING f: LOCATION GENERAL PLAN F ZONING JF CURRENT USE PR (Parks and PC-48 (Planned ON-SITE —IF— Recreation) Community) Aquatic park NORTH RS-D (Single-Unit R-1 6000 (Single-Unit Single-unit dwellings Residential Detached) Residential SOUTH FOS (Open Space) PC-39 (Planned Park Communit EAST [RM (Multiple Residential) PC-1 (Planned Mobile home park Community) WEST CV (Visitor-Serving CV(Visitor-Serving Hotel Commercial) Commercial) Newport Dunes Special Events Planning Commission, June 8, 2017 Page 3 INTRODUCTION Prosect 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. Development on the site consists of 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 (Attachment No. PC 2). Project Description Conditional Use Permit No. UP2015-021 (CUP) allows up to 250 smaller-scale events (Level 1A and Level 1B) without a special event permit', and up to 14 larger-scale events (Level 2 and/or Level 3), each year (Table 1 and Table 2, below). The CUP provides for an increase in the number of Level 1 special events to 500 in the second year of operation. The CUP also establishes a noise level monitoring and mitigation protocol. Background On February 3, 2016, the Planning Commission approved the CUP, which allowed the Newport Dunes Resort to conduct up to 500 Level 1A and/or Level 1B events and up to 14 Level 2 and/or Level 3 per year. On February 17, 2016, Council Member Duffield filed a Call for Review of the Planning Commission's approval. Prior to the hearing, the applicant agreed to reduce the number of Level 1A and Level 1B events to 250 during the first year, with an increase to 500 events in the second year. The applicant also agreed to a one-year review of the CUP by the Planning Commission to determine the applicant's compliance with the CUP conditions, including the noise monitoring and mitigation protocol. On May 10, 2016, the City Council upheld the Planning Commission's approval with modifications new conditions. DISCUSSION Analysis Since the effective date of the CUP in May 2016, 160 events were recorded at the Newport Dunes. Of these, 120 were Level 1A events; 20 were Level 1 B events, 19 were Level 2 events and one (1) was a Level 3 event. These events had a combined estimated attendance of 82,597 people. 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. Newport Dunes Special Events Planning Commission, June 8, 2017 Page 4 1. Type and Number of Events The CUP establishes four (4) levels of events: Level 1A, Level 113, Level 2 and Level 3. These levels are determined by the event's time duration and attendance size and the need for road closures or City services (Table 1). TABLE 1 EVENT LEVELS AND REQUIREMENTS Leve 1A l Level 1B Level 2 Level 3 Max. Duration (Days) 1 1-4 4+ Max. Attendance <500 500-999 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 Yes consultant? 1. Duration includes setup and breakdown time. 2. Attendance is the estimated total number of attendees over the course of the event. The CUP allows up to 250 Level 1A and/or Level 1B events per year without a special event permit and up to 14 Level 2 and/or Level 3 events per year with the approval of a special event permit. The CUP also limits Level 1A and Level 1B on a monthly basis (Table 2). The CUP also allows up to 14 Level 2 or Level 3 events per year. TABLE 2 MAXIMUM NUMBER OF LEVEL 1 EVENTS PERMITTED Year One As of the Effective Date + 1 Year EVENT LEVEL Max. Level 1 Events Per Month Jan. —April May— Jan. —April May— and October and and October 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 250 500 EACH YEAR The maximum number of Level 1A events may be increased with a corresponding reduction in the maximum number of Level 1 B events. Compliance: Events have remained within the monthly allotments established by this condition. Newport Dunes Special Events Planning Commission, June 8, 2017 Page 5 Table 2A Level 1 A Events May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr 2016 2016 2016 2016 2016 2016 2016 2016 2017 2017 2017 2017 Allowed 18 18 18 18 18 18 10 10 10 10 10 10 Actual 3 11 18 18 18 12 2 2 0 0 8 10 Level 1 B 0 0 3 5 2 0 0 0 0 0 0 1 Added* Remaining 15 7 0 0 0 6 8 8 10 10 2 0 * The maximum number of Level 1A events may be increased with a corresponding reduction in the maximum number of Level 1 B events. Table 2B Level 1 B Events May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr 2016 2016 2016 2016 2016 2016 2016 2016 2017 2017 2017 2017 Allowed 7 7 7 7 7 7 5 7 7 7 7 7 Actual 1 3 2 2 2 2 0 1 1 0 2 2 Level 1 B 0 0 3 5 2 0 0 0 0 0 0 1 Subtracted* Remaining 6 4 2 0 3 5 5 6 6 7 5 4 * The maximum number of Level 1A events may be increased with a corresponding reduction in the maximum number of Level 1 B events 2. Amplified Sound Hours of Operation The use of amplified sound is not permitted to begin before 7 a.m. on weekdays and Saturdays, and 8 a.m. on Sundays and federal holidays. Additionally, the use of amplified sound and events are not permitted after the times indicated by the schedule in Table 3. Table 3 Amplified Sound/Event Ending Times 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 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. New Year's Eve (December 31) on New on New Year's Day Year's Day Compliance: The schedules of the 162 events submitted to the City were within these hours. Staff has not received any reports of the use of amplified sound outside of these hours. Newport Dunes Special Events Planning Commission, June 8, 2017 Page 6 3. Advance Notice of Level 1 Events The applicant is required to notify the Community Development Department of all Level 1 events a minimum of six (6) days prior to the event. Compliance: The applicant has provided notice in compliance with this condition. 4. Monthly Monitoring Report The applicant is required to submit a monthly report of all Level 1, 2, and 3 special events conducted on the project site to the Community Development Department. These reports are used to monitor the number of special events and verify compliance with the conditions of the CUP. Compliance: After some initial difficulties as to the format and contents of the report, the applicant has consistently submitted the monthly reports (see Attachment No. PC 3 for an example). 5. Sound Monitoring and Mitigation The use of amplified sound must comply with the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol (Protocol) to ensure that sound generated by events do not exceed the noise standards of Municipal Code Chapter 10.26 (Community Noise Control). The key components of the Protocol 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 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. 3) Require all sound equipment to be supplied by the Newport Dunes Resort sound vendor and prohibit outside sound equipment. 4) 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. 5) Establish maximum venue sound levels, consistent with the Newport Beach Municipal Code. Newport Dunes Special Events Planning Commission, June 8, 2017 Page 7 In addition, a City sound monitor is required at all events using amplified sound. The Planning Commission's CUP approval only required a City sound monitor at Level 2 and Level 3 events and a Dunes sound monitor at Level 1 events. However, at the Call for Review hearing, the applicant offered to have a City sound monitor at all events and the City Council included this requirement as a condition of approval. Compliance: Some of the technical details of the Protocol needed refinement following the initial events during summer of 2016. The City received complaints in association with five (5) events at the Dunes: 1. In May 2016, the City received a complaint from a Dover Shores resident stating that an event at the Dunes was "definitely audible." A Newport Beach Police Department (NBPD) officer who was conducting noise measurements for the Newport Beach Jazz Festival at the nearby Newport Hyatt Regency Hotel reported that noise levels did not exceed City noise standards. 2. In July 2016, the City received a complaint from a Dover Shores resident stating that the music and announcements from a wedding were audible. The City's sound monitor received the compliant and the sound volume was lowered even though sound levels were in compliance with City standards. The City's sound consultant also reported that a noise barrier was not used. 3. In August 2016, the City received a complaint from a Dover Shores resident about loud music. The City's sound monitor responded and no other complaints were received; however, the resident later emailed the City stating that the music was still loud. 4. In September 2016, the City received a complaint from a Dover Shores resident about "barker type" noise. The City's sound monitor investigated and determined that the problem was sound system was set excessively high and oriented toward the Dover Shores community. 5. The City received a complaint from a Dover Shores resident from the Dunes New Year's Eve event. The City's sound monitor and NBPD investigated and found that sound levels complied with City standards. The summer 2016 events revealed the need for a portable acoustical barrier for some of the smaller events and consistent compliance with the conditions requiring City sound consultant approval on all sound equipment. In response, the City's noise consultant/monitor (Sound Media Fusion) devised a portable barrier system using acoustical blankets. Following the August 2016 event, the applicant agreed to (1) renegotiate pre-CUP contracts that allowed the use of outside sound equipment, (2) acquire additional sound barriers, and (3) not to book events unless there are sufficient sound barriers. g Newport Dunes Special Events Planning Commission, June 8, 2017 Page 8 Conclusion As detailed above, the applicant has complied with the conditions of approval. In addition, the Protocol has been effective in keeping the outdoor use of amplified sound within City noise level standards. Alternatives The Planning Commission may recommend to the City Council modifications to existing conditions (see Attachment No. PC 4) or include new conditions, if it is determined that the project is being operated or maintained in a manner that 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. 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 hearing 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 Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 9 Newport Dunes Special Events Planning Commission, June 8, 2017 Page 9 Prepared by: Submitted by: Patrick J. Alford, Planning Manager Sren aWisne.4, IrICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution with Findings PC 2 Newport Dunes Resort Site Plan PC 3 After Event Report Example (April 2017) PC 4 City Council Resolution No. 2016-60 11/18/16 10 Attachment No. PC 1 Draft Resolution with Findings 11 �� QP �� ��P P�" O� �� �� \�� RESOLUTION NO. XXXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH FINDING COMPLIANCE WITH THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. UP2015-021 (PA2015-084) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On February 3, 2016, the Planning Commission of the City of Newport (City) adopted Resolution No. 2009 approving Conditional Use Permit UP2015-021, which allowed the Newport Dunes Resort to host a specified number of special events. 2. 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 to allow the entire City Council to consider the use permit. 3. On May 10, 2016, the City Council of the City of Newport Beach held a public hearing to consider the Call for Review and upheld and modified, in part, the decision of the Planning Commission to approve Conditional Use Permit UP2015-021. 4. The City Council added a new condition requiring a sound level monitor at all Level 1 events and a new condition requiring the Planning Commission to review Conditional Use Permit UP2015-021 within one year to determine compliance with the conditions of approval and the effectiveness of the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol. 5. 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). 6. The subject property is located within the coastal zone. The Coastal Zoning District is Newport Dunes Planned Community (PC 48) and the Coastal Land Use Plan category is Park and Recreation (PR). 7. A public hearing was held on June 8, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing 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 public hearing. 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 is Planning Commission Resolution No. XXXX Page 2 of 2 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. 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. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby finds that the project has operated in compliance with the conditions of approval and that the applicant has implemented a practical system of sound monitoring and control. PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF JUNE, 2017. AYES: NOES: ABSENT: BY: Kory Kramer, Chairman BY: Peter Zak, Secretary 03-03-2015 -14 Attachment No. PC 2 Newport Dunes Resort Site Plan 15 �� QP �� ��P P�" O� �� �� \�� DOCKSDE ROOM BOATi BOAT 4 ij,AUNCH STORAGE TO ECOLOGfCAL 7�W C 01Y EY L RESERVE rc )S ISA L) BA - CK ° ; MARINA. OFFICE i� � � � - �- ,- �' H ARB RIDE BISTRO MARINA IJ " ROOM ASH ARE BOAT { TRAILER PARKING ,,fi�rr JAMES I BEACH F R NT CORN E R - Pull-in f25' x 0?? ENTAUM ` ".. BEACH F FONT CORM E R OAT U C14 0000 B��k-in, (2 5x 501 BOAT ENTRANCE EACHIFRONT aAYSIDE a STORAGE PAV I UON DR�VE BEACHFRONT 00 C CORNER WNG —1 Back-in 2Y x r _ - SELECT 14 : a 10.,000 (25" x 40`) BEACH RE- 13 I � LC1 I I � 1 I I PREFERRED r PAVILION CIO LARGEp C LIONI I 1411 �F ► — �` ° I _ - UPER. ITE } [0000 (3 0l x 45`) Sti r II i I Beachfront y r� 000 c orrAG E MOVIES PAVILION A- 0000 f+ rl I L r fo ON THE COTTAGE .3 4� ANN BEACH stud+10 t FfAiG E ' ;� Tint?RV PIRATE PAW 25' x 30' P + O1+N i i •, OA's' l As " _ I' 5 I�!=r"' I-'� -/ tih'GG� y �-- N 1rxD I ewr ROOM L 5- R4dA`/RA CiIAUIN ENTRANCE A SECURITY ° ` C2 C3 RESTROOM b1L ° Cs OFFICE ate'' 924 F_ r r wl RE I RA770 UAGE Dog R u --_ _ Y EM — ° CLUBHOUSE AE EMD ,s ■` - CONFERENCE ROOM ' R _ s MCRC;A,TIO1V ROQ14t ' r RESTAURANT sRlq- * _ - RE STM LAUNDRY ROOM Y I day; SHOWERS A WATERFRONT PESORT & MAPl A _ _ � � FITNESS ROTSH --- _ r] RECEPTACLES ( 949) 729 - 3863 #20 PR lum PACIFIC COAST HIGHWAY �� QP �� ��P P�" O� �� �� \�� Attachment No. PC 3 After Event Report Example (April 2017) 19 �� QP �� ��P P�" O� �� �� \�� REPORT EVENT NAME: San Bernardino High LEVEL: Level 1 EVENT DESCRIPTION: PROM EVENT LOCATION: Pavilion B EVENT START DATE: Saturday,April 29, 2017 EVENT START TIME: 5:00:00 PM EVENT END DATE: Saturday, April 29, 2017 EVENT END TIME: 10:00:00 PM START TIME: END TIME: A M SOUND ENGINEER: Hardesty P S L O 1 U SOUND EQUIPMENT Small DJ/playback F N DESCRIPTION: I D E D SMF SIGN-OFF DATE: 05/15/2017 SOUND BARRIER Small 8 foot. DESCRIPTION: NOTES(LIST NOISE COMPLAINTS, OFF-SITE SOUND LEVELS, ETC.) �� QP �� ��P P�" O� �� �� \�� Attachment No. PC 4 City Council Resolution No. 2016-60 2S �� QP �� ��P P�" O� �� �� \�� 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 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; 25 Resolution No. 2016-60 Page 2 of 4 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 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. 2� Resolution No. 2016-60 Page 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 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. 27 Resolution No. 2016-60 Page 4of4 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. Dion, Mayor ATTEST: be-'ifanil Br©wn, City Clerk Attachments: Exhibit A - Conditions of Approval Exhibit B - Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol �g 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 1B 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. �9 "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 SPECIAL EVENT LEVEL _ May— _ May — April and October April and October November November and December December Level 1A (1-499 persons) 10 18 20 35 Level 1 B (500-999 persons) 5 7 10 15 MAXIMUM LEVEL 1 SPECIAL 250 500 EVENTS PERMITTED EACH YEAR 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. 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. so 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: Latest Latest Dates Amplified Special Sound Event End End Time Time Sunday through Thursday, except on NMUSD holidays and during NMUSD recesses 9:00 P.M. Weekdays and Weekends on NMUSD holidays and during NMUSD recesses 10:00 P.M. 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 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 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. 31 10. Sound Level Monitoring 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 Reportingr 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. 16, 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. 16. 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 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." S 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 Perm it. 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 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: 33 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 prcpe rt Mixed Use Property 45dBA 60dBA 45dBA 50clBA Commercial Property NIA 65dBA NIA 60clBA 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 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. EXHIBIT B SOUND MEDIA FUSION, LLC. Gary Hardesty Van Nuys, CA 91406 audiomicro42@gmall.com 818-482-0193 NEWPORT DUNES NOISE MITIGATION REPORT AND NOISE MITIGATION PROTOCOL NOVEMBER 30, 2015 1 Sound Media Fusion, LLC. 1/25/2016 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 so 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, Iet'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 37 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 Iike 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 S2 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 14 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 39 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 40 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= I000 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 d$. This is about a trillionth of a watt per square meter. 7 Sound Media Fusion, LLC. 1/25/2016 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 Iiquid filled tube roughly 2 mm in diameter and 3 em 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 42 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 outex ear rraatric inetnbrane ear (ear drum) canal Ovalwindcnv cochlea bad sound sound wavesf �e�ubrane waves in liquid / in air hii., medium $03 1lltflfll f=iqu— frequency frequency ear bonesdetection detec#4n detection FIGURE 22-1 Functional diagram of the human ear. The outer ear collects sound waves from dee environment and channels thew to the tympanic membrane(ear dnuu),a thin sheet of tissue that vibrates in synchronization with the sir waveform- The middle ear bones(hannner,anvil and stirrup)transmit these vibrations to the oval window,a flexible memhxane in the fluid filled cochlea_ Contained natbiu the cochlea is the basilar nuambrane,the sup 119 st uctuxe for about 12,000 nerve cells that fonn the cochlear nerve. Dae to the varying stiffness of the basilar ane33mbraue,each nerve cell only respouses to a narrow range of audio frequencies,making the ear a frequency spectrum 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 = 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 I 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 44 Wattsice Decibels SPL Example sound 10-2 140 dB Pain 10.' 130 d13 104 120 dB Discomfort 10-S 110 dB Jack hammers and rack concerts TABLE 22-1 10', 100 dB Units of sound intensity. Sound 1017 90 dB OSHA limit for industrial noise intensity is expressed as power per 9 10-9 80 dB unit area(sa lc as watts'cml) or 10. 't©dB more commonly on a logarithmic 10adB Formal conversation a 56 scale called decibels,SPL_ As tbi� 10-1d 60 dB table sh=3,human hearing is the most sensitive between 1 kHz and "' 107' 10 dB Weal,e_i audible at 100 here 4 k'Hz_ IV$ 30 dB 10-34 20 dB Weakest audible at 10kHz 10-'S 10 dB M16 0 dB Weakest audible at 3 kF= 10A -10 dB 14'as _`0 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 I 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. 1/2512016 415 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 l 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 40 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 refraction due to gradients of vond and temperature reflection at ground,buifdings,forests, etc scattering due to atmospheric turbulence diffraction ;', at obstacles(buridrngs, screens, hills )^ I � '' III- Z_ I- cOnS etEAAWMA 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 47 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 �g 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 O wind L v a) turbulence refraction scattering humidity absorption energy momentum n mass sound field 0 0 refl ection 0 diffraction topographer 15 Sound Media Fusion, LLC. 112512416 �9 \NO� l I d atiaote��uphsarl�to�f �' ff refraction, \N \ DireC sound path `'`' r A-a�l 111 l 111111 I I I l 111111111 l I l l 1111 l l 1111 —ip, 1. stener Warmer air. faster sour d --- speed Cool air, slower sound Source speed �11- L_,Stener If ycw were outsske an open door.you could sti'I Sound hear because We so,;r4d waves would spread out from the small operrincg asr'itwere a loud ized source @ Or stlxia Sound source Diffraction around post 00 Diffrartim past ser all cape-ning. Suppose you bought a concert ticket without looking at the seal ng chart and wound up sitting behind a large post. You would be able to hea•the concert qu'e well because the wavelengths of 11 you were several wavelengths sound are long onouo—to bend around a{sound pas'fhb post,you would rhs post. not leo able to dotect the presence o`the post From the nature of the sound. 16 Sound Media Fusion, LLC. 1/25/2016 150 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 +10 (D) 0 - � (c� -10 ( ,c} -20 �r -30 (A (not defaned}�? -a0 -50 10 100 1000 10k 100k A-weighting tblue), 6(yellow),C(rpe},and D-weighting (nik) 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 151 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 Z1=R® 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 15 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 Below is another •- • illustrate variousand the associated • - Loudest Calculated Scaund Passible-194dB(Nuclear BombM MW IN Loudest Sound Reepred=18odb�Vgttana of KraY,ltWla Irl 1R$3)=Destruction rDf Hearing Issue &et engoite a 3rd �7.�0� Favw4rks[1m) Rifle being Fuel•1 illl 7.0 �7d MYsic Peak Threstaad d 1�� � -- �xw d•�' � `11m•strWd of Paln 3'd42L317dti€RfYF74•MRs•�1175 aer5••.d 1f�yY MlIiPJNip�3tt 41Y6 Ia;715aw�{/Y'a771 .7140• ��Of•:eTr Se++rl•7•st•�� �rs M SymanusrY C)rrhest7a Power SawJ4r+ts7r GrordN r�n IaIN Powe+iao4yDrl� zu: 541p lar�e'WMd Itutrument Lawnmower�Motnrcyrfe/ira7apr 7m Normal PWc City Street lwxye W41r Iralre •4 ar MIR ;4gKn,r1 Wind Instrument Inslde Carat 6Dnph MP4 PF Prxtiwr Second Action Level (Hearing Protection 6r7sy Teffi!k a!f0i• e s First "{rir pryer ActionrAdvised) Vacs••ChG7PR )0 d• �d Akesar (3ificeEnvunnment,/Ha17�ot•rdNot• N7 de tMdG�t l45Mlrrare� Sod• 'Unary p71kaan f7,..- C ai Thr•/r0y oa Mntm tbarry industry/Workplace 20 Sound Media Fusion, # • 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: Warkner,gir If the air above the earth is faster suUad warmer than that at the surface, t�` $Pggd sound will be bent back downward toward the surface by Coy#ao )0 refraction. slower�Quncl Li�tr�r 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. warm air cool air ■ source body 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 1515 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 50 Here is an overview of the area under discussion: - R x DOVER SHORES HOMES ly .r a yam' DUNES TENT r $b 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 57 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 Iocated 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. 1125/2016 52 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 �9 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 00 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 `Fears Eve event: •10—w0.. wu t i• 11 - u e 1 8 r 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. 1/2512016 01 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 snaking 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 0 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 I not exceed 55 dB(A) for any I5-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 thestandard. 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 O3 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 (Leq 15) 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 I I 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: 1. 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 140 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 04 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 015 H. 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 00 Entertainment providing it's own sound engineer will work in close coordination with SMP 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 checksfrehearsals and performances. III. For Level I 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 [: 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 07 -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 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 Iocations 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 �g 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) At Polaris and Evening Star > � L lilt r^r SuT - _. ►. � � A o• t. I =4- . 2) At Polaris and North Star low �y ti > S 35 Sound Media Fusion, LLC. 1/25/2016 �9 3) At Polaris and Morning Star } O t 4)Near the Dunes Bridge cr _ w e ` ti 11 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) Continuing to listen and monitor to insure compliance. 36 Sound Media Fusion, LLC. 1125/2016 70 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. 1/2512016 71- ATTACHEMENT A 38 Sound Media Fusion, LLC. 1/25/2016 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@gmaii.com 73 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. E=ffective 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. 74 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. a 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. 75 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2016-60 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 1 oth day of May, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon NAYS: None ABSENT. Mayor Dixon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11'h day of May, 2016. c �1 Leilani I. Brown, MMC City Clark Newport Beach, California (Seal) 04 �rEWjr,� A. U ZrJ td�©R T1 P Planning Commission - June 8, 2017 Item No. 4a Additional Materials Presented at Meeting -084) Newport Dunes a Special a CUP Year O Review Planning Commission Hearing June i 2017U -7 Planning Commission - June 8, 2017 Item No. 4a Additional Materials Presented at Meeting -084) Introduction i !r n Project Location 1131 Back Bay Drive CUP No. UP2015-021 Approved by PC l -.J • Feb. 3, 2016 EWPORDUNES -. Called for review ff � r • Feb. 17, 2016 Council Member Duffield `' 06/08/2017 Community Development Department- Planning Division 2 Planning Commission - June 8, 2017 Item No. 4a Additional Materials Presented at Meeting -084) Vicinity Aer'ial 4. 14 1 LLD)MY:2 r W S a to�4 r `71x.5 -71 B 06/08/17 Community Development Department- Planning Division 3 Planning Commission - June 8, 2017 Item No. 4a Additional Materials Presented at Meeting -084) i !r -Special Events n r'$ City permit required Concerts , sporting events , festivals , fairs , vehicle & boat shows , etc. Issued by Recreation & Senior Services Classified as Level 1 , 2 , or 3 06/08/2017 Community Development Department- Planning Division 4 Planning Commission - June 8, 2017 Item No. 4a Additional Materials Presented at Meeting -084) Special Event n Levels 1 Day 1 -4 Days 4 days+ Less than 1 ,000 People 1 ,000 to 5,000 people 5,000+ people Not in public right-of-way In public right-of-way --- No City personnel Limited required City personnel City personnel required required No road/lane closures Road/lane closures No traffic control required Traffic control required No City noise monitoring required City noise monitoring required 06/08/2017 Community Development Department- Planning Division 5 Planning Commission - June 8, 2017 Item No. 4a Additional Materials Presented at Meeting -084) CUP No . UP2015 =021 Original PC Approval 500 Level 1 events in per year Set number for peak and non-peak months 14 Level 2 and/or Level 3 per year City sound monitor at Level 2 and 3 events Amplified sound curfew Noise Mitigation Protocol 06/08/17 Community Development Department - Planning Division 6 Planning Commission - June 8, 2017 Item No. 4a Additional Materials Presented at Meeting -084) City Council Changes * Only 250 Level 1 events in Year One Peak/non-peak month events reduced by half Planning Commission review in one year City sound monitor at all events 06/08/17 Community Development Department - Planning Division 7 Planning Commission - June 8, 2017 Item No. 4a Additional Materials Presented at Meeting -084) Special Event Limits Year One -ITD MAXIMUM NO. OF EVENTS PERMIT DURING FIRST YEAR AM JAN - APR MAY - OCT NOV DEC TOTALS Lev � �0 10/month 18/month 10/month 18/month 176 e0 0 5/month 7/month 5/month 7/month 74 Level 2 or 3 14/year 14 (1,000-5,000+) • . 264 06/08/2017 Community Development Department - Planning Division 8 Planning Commission - June 8, 2017 Item No. 4a Additional Materials Presented at Meeting -084) Special Event Limits After Year One F- mr 1� MAXIMUM NO. OF EVENTS PERMITTEr' AFTER FIRST YEAR JAN - APR MAY - OCT NOV DEC TOTALS Lev � �0 20/month 35/month 20/month 35/month 345 Level 1 B --A (500-999); 10/month 15/month 10/month 15/month 155 Level 2 or 3 14/year 14 (1,000-5,000+) 1111101 IF.. 514 06/08/2017 Community Development Department - Planning Division 9 Special Event Dunes Locations g°°� ��� � - Dover - � �� - - • oil v �11�� . � � S h • res ,�� ' e u Upper N e w p o r t B o y Newport-46 r ���q Lipper .z Reg 0�31 Pa ' c Boy a cr - Ra 11 nurse _ e PaVII ion Ak OOFPO 5V ! a r � IC }I r r s � - ,h,. ` "rF R� Planning Commission - June : , 2017 Item No. 4a Additional Materials Presented at Meeting i 8 Am I if ied Latest p TIME OREMWI— End Latest Amplified Event End Sound Dates Sunday through Thursday, except on NMUSD holidays and 11 P.M. during NMUSD recesses Weekdays and Weekends on NMUSD holidays and during 10:00 P.M. NMUSD recesses Independence Day (July 4t") 10:30 • 11 P.M. Marine Corps Birthday (November 10tH) • 1 • 12:30a.m. on • New Year's Eve (December 31St) New Year'sYear's Day D. Planning Commission - June 8, 2017 Item No. 4a Additional Materials Presented at Meeting -084) Noise • AN!& ,^ !} P n Protocol r Sound attenuation structures r City-contracted monitor at all events r Sound equipment City consultant-approved Dunes-supplied b Dunes sound engineer Receive complaints Control sound levels No independent sound engineers Maximum venue sound levels 06/08/17 Community Development Department- Planning Division 12 Planning Commission - June 8, 2017 Item No. 4a Additional Materials Presented at Meeting -084) Compliance with CU ■ ConditionsCOm,DIiance-:---- Type and Number of Events Complied Amplified Sound Hours Complied Level 1 Event Advanced Complied Notice Monthly Monitoring Report Complied Sound Monitoring and Complied Mitigation 06/o8/17 Community Development Department - Planning Division 13 Planning Commission - June 8, 2017 Item No. 4a Additional Materials Presented at Meeting -084) City Sound Control Consultant Gary Hardesty Sound Media Fusion 06/08/17 Community Development Department- Planning Division 14 For more information contact: Patrick J.Alford, Planning Program Manager 949-644-3235 Palford@a newportbeachca.gov - www.newportbeachca.gov