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HomeMy WebLinkAbout20190522_Noise Impact Studyr:Tr:t engineering ~ group, inc. BE: sf I rk 15318. doc JN:2830 -2019 -02 CHIHUAHUA TAP HOUSE LIMITED TERM PERMIT APPLICATION NOISE IMPACT STUDY City of Newport Beach Prepared for: THE LANDING Clo Ms. Kaitlin Crowley, Mobilitie 3107 Newport Boulevard Newport Beach, CA 92663 Pre pa red by: RK ENGINEERING GROUP, INC. 4000 Westerly Place, Suite 280 Newport Beach, CA 92660 Bryan Estrada, AICP, PTP Darshan Shivaiah, M.S. May 21, 2019 tr attic t-;JJ\llflt't?I IIHJ ,v,, de ·1011 trn11sportatI011 plan11111q j)dlklllq ftCOIJ.'IIC,il i-1ll(Jlllt~eflll9 air q11al1!y & gl1g 4U00 \'.'l",tteltV n,ac,·. ·t) !.l:.tl 1ev•poI t Je,11)1 , .-1 92060 0 (949) 1 ii l!80'.1 \!:)rKt:IHJll\11'I 11/)l PA2019-095 Table of Contents Section Page 1.0 Introduction........................................................................................... 1-1 1.1 Purpose of Analysis and Study Objectives 1-1 1 .2 Site Location 1-1 1.3 Project Description 1-2 1.4 Summary of Analysis Results 1-2 1.5 Summary of Analysis Recommendations 1-2 2.0 Fundamentals of Noise and Vibration.................................................. 2-1 2.1 Sound, Noise and Acoustics 2-1 2.2 Frequency and Hertz 2-1 2.3 Sound Pressure Levels and Decibels 2-1 2.4 Addition of Decibels 2-1 2.5 Human Responses to Changes in Noise Levels 2-2 2.6 Noise Descriptors 2-2 2. 7 Traffic Noise Prediction 2-5 2.8 Sound Propagation 2-5 3.0 Regulatory Setting................................................................................. 3-1 3.3 City of Newport Beach Noise Regulations 3-1 4.0 Study Method and Procedures.............................................................. 4-1 4.1 Measurement Procedures and Criteria 4-1 4.2 Referenced Noise Levels 4-1 4.3 Stationary Noise Modeling 4-2 5.0 Existing Noise Environment................................................................... 5-1 6.0 Noise Impact Analysis............................................................................ 6-1 6.1 Residential Noise Impacts 6-1 6.2 Summary of Analysis Results 6-3 6.3 Summary of Analysis Recommendations 6-3 6.4 Conclusions 6-3 ----------------------------r:,T2 engineering L.U..l.l group, inc. rkP 1q111f'P• r·, 11 PA2019-095 List of Attachments Exhibits Location Map········································································································.··· A Site Plan................................................................................................................... B Noise Monitoring Locations...................................................................................... C Sound PLAN Project Noise Level Results...................................................................... D Sound PLAN Noise Contours...................................................................................... E Tables City of Newport Beach Exterior Noise Standards ....................................................... . 24 -Hour Noise Measurement Results....................................................................... 2 Project Noise Impact Analysis.................................................................................... 3 Appendices City of Newport Beach Noise Element and Noise Ordinance .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. . .. .. .. A Field Data and Photos............................................................................................... B Sound PLAN Noise Calculation Worksheets .............. .... .... .. .... .... ... ....... .......... .... ...... .. C r:,-,'2 engineering L.U.U group, Inc. r~P,1.11111'1" ··,111 PA2019-095 1.0 Introduction 1.1 Purpose of Analysis and Study Objectives The purpose of this noise study is to evaluate the potential noise impacts associated with the proposed Chihuahua Tap House Limited Term Permit Application (project) and recommend mitigation measures, if necessary, to help ensure the project complies with the City of Newport Beach noise standards. The Limited Term Permit would allow live music/DJ to occur indoors at the existing Chihuahua Tap House restaurant. This report follows the City of Newport Beach Municipal Code, Chapter 10.26, Community Noise Control standards and methodologies for analyzing noise impacts. The project shall not create any noise, or allow the creation of any noise on the property which causes the noise level when measured on any other property to exceed the noise standards described in Chapter 10.26, Community Noise Control. The Newport Beach Community Noise Control Ordinance is provided in Appendix A. The following is provided in this report: • A description of the study area and the proposed project • Information regarding the fundamentals of noise • Identification of the applicable Newport Beach noise standards • Analysis of the existing noise environment • Analysis of the project's operational noise impact to adjacent sensitive receptors • Summary of recommended mitigation measures and project design features to reduce noise level impacts. 1.2 Site Location The project site is located at 3107 Newport Boulevard, in the City of Newport Beach. The Chihuahua Tap House restaurant is currently operational and is located within the existing Landing Shopping Center. The project site is zoned for Commercial Neighborhood uses. Existing land uses surrounding the project site include; residential uses to the north, south and west and commercial uses to the north, south and east; including restaurant and retail uses. The nearest noise-sensitive land uses are considered the residential properties located along 32 nd Street, approximately 220 feet northwest of the site. The project's location map is provided in Exhibit A. 1 -1 r:TTl engineering ~ urouo. inc. PA2019-095 1.3 Proiect Description The existing Chihuahua Tap House consists of a full-service restaurant with self-serve beer taps and indoor and outdoor seating. Televisions and music are currently played through speakers indoors and outside on the patio. Existing noise sources from the restaurant include typical restauranVbar activities, dining room and patio conversational noise, televisions and background music played through speakers, and service/kitchen noise. See Exhibit B for a copy of the existing restaurant site plan. The project would consist of a Limited Term Permit to allow live musidDJ on the premises. All live music will take place indoors and no live or amplified music would occur outdoors on the patio. 1.4 Summary of Analysis Results The following findings are provided based on the results of this analysis: 1. Project noise levels are expected to be within the allowable limits of the City of Newport Beach Exterior Noise Standards during daytime hours (7 a.m. to 10 p.m.). 2. Project noise levels are shown to be within the allowable limits of the City of Newport Beach Exterior Noise Standards during nighttime hours (10 p.m. to 7 a.m.). 1.5 Summary of Analysis Recommendations The following recommendations are provided to help reduce any potential noise impacts or complaints are provided: 1. No live music or amplified music should be played outdoors on the patio. 2. All doors and windows should remain closed (i.e., not left open for extended periods of time) while live music is playing. 1-2 r.,-n engineering L.ll.U uroun. Inc. 'Kf)11Qlllr'i.'·.cnm PA2019-095 2.0 Fundamentals of Noise and Vibration This section of the report provides basic information about noise and vibration and presents some of the terms used in the report. 2.1 Sound. Noise. and Acoustics The sound is a disturbance created by a moving or vibrating source and is capable of being detected by the hearing organs. The sound may be thought of as mechanical energy of a moving object transmitted by pressure waves through a medium to a human ear. For traffic or stationary noise, the medium of concern is air. Noise is defined as sound that is loud, unpleasant, unexpected, or unwanted. 2.2 Frequency and Hertz A continuous sound is described by its frequency (pitch) and its amplitude (loudness). Frequency relates to the number of pressure oscillations per second. Low-frequency sounds are low in pitch (bass sounding) and high-frequency sounds are high in pitch (squeak). These oscillations per second (cycles) are commonly referred to as Hertz (Hz). The human ear can hear from the bass pitch starting out at 20 Hz all the way to the high pitch of 20,000 Hz. 2.3 Sound Pressure Levels and Decibels The amplitude of a sound determines its loudness. The loudness of sound increases or decreases, as the amplitude increases or decreases. Sound pressure amplitude is measured in units of micro-Newton per square inch meter (N/m2), also called micro-Pascal (µPa). One µPa is approximately one hundred billionths (0.00000000001) of normal atmospheric pressure. Sound pressure level (SPL or Lp) is used to describe in logarithmic units the ratio of actual sound pressures to a reference pressure squared. These units are called decibels and abbreviated as dB. 2 .4 Addition of Decibels Because decibels are on a logarithmic scale, sound pressure levels cannot be added or subtracted by simple plus or minus addition. When two (2) sounds or equal SPL are combined, they will produce an SPL 3 dB greater than the original single SPL. In other words, sound energy must be doubled to produce a 3dB increase. ----------------------------r:,-,'2 engineering L.U..U group, inc. 2-1 PA2019-095 If two (2) sounds differ by approximately 1 0 dB the higher sound level is the predominant sound. 2.5 Human Response to Changes in Noise Levels In general, the healthy human ear is most sensitive to sounds between 1,000 Hz and 5,000 Hz, (A-weighted scale) and it perceives a sound within that range as being more intense than a sound with a higher or lower frequency with the same magnitude. For purposes of this report as well as with most environmental documents, the A-scale weighing is typically reported in terms of A-weighted decibel (dBA). Typically, the human ear can barely perceive the change in the noise level of 3 dB. A change in 5 dB is readily perceptible, and a change in 10 dB is perceived as being twice or half as loud. As previously discussed, a doubling of sound energy results in a 3 dB increase in sound, which means that a doubling of sound energy (e.g. doubling the volume of traffic on a highway), would result in a barely perceptible change in sound level. 2.6 Noise Descriptors Noise in our daily environment fluctuates over time. Some noise levels occur in regular patterns, others are random. Some noise levels are constant, while others are sporadic. Noise descriptors were created to describe the different time-varying noise levels. Following are the most commonly used noise descriptors along with brief definitions. A-Weighted Sound Level The sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The A-weighting filter de-emphasizes the very low and very high-frequency components of the sound in a manner similar to the response of the human ear. A numerical method of rating human judgment of loudness. Ambient Noise Level The composite of noise from all sources, near and far . In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location. -----------------------------r:,-rJ engineering L.U.U group, inc . 2-2 •·>i1'11Qlll!'Wf01Tl PA2019-095 Community Noise Equivalent Level (CNEL) The average equivalent A-weighted sound . level during a 24-hour day, obtained after addition of f ive (5) decibels to sound levels in the evening from 7:00 to 10:00 PM and after addition of ten (1 0) decibels to sound levels in the night before 7 :00 AM and after 10:00 PM . Decibel (dB) A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micro-pascals . dB(A) A-weighted sound level (see definition above). Equivalent Sound Level (LEQ) The sound level corresponding to a steady noise level over a given sample period with the same amount of acoustic energy as the actual time-varying noise level. The energy average noise level during the sample period. Habitable Room Any room meeting the requirements of the Uniform Building Code or other applicable regulations which is intended to be used for sleeping, living, cooking or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, and similar spaces. L(n) The A-weighted sound level exceeded during a certain percentage of the sample time. For example, L 1 0 in the sound level exceeded 10 percent of the sample time. Similarly, LS0, L90, and L99, etc. 2-3 r..-TTJ engineering ~ group, inc. r,<CflQlllt'•:r C(1'll PA2019-095 Noise Any unwanted sound or sound which is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. The State Noise Control Act defines noise as 11 ... excessive undesirable sound ... 11 • Outdoor Living Area Outdoor spaces that are associated with residential land uses typically used for passive recreational activities or other noise-sensitive uses. Such spaces include patio areas, barbecue areas, jacuzzi areas, etc. associated with residential uses; outdoor patient recovery or resting areas associated with hospitals, convalescent hospitals, or rest homes; outdoor areas associated with places of worship which have a significant role in services or other noise-sensitive activities; and outdoor school facilities routinely used for educational purposes which may be adversely impacted by noise. Outdoor areas usually not included in this definition are: front yard areas, driveways, greenbelts, maintenance areas and storage areas associated with residential land uses; exterior areas at hospitals that are not used for patient activities; outdoor areas associated with places of worship and principally used for short-term social gatherings; and, outdoor areas associated with school facilities that are not typically associated with educational uses prone to adverse noise impacts (for example, school play yard areas). Percent Noise Levels See L(n). Sound Level (Noise Level) The weighted sound pressure level obtained by use of a sound level meter having a standard frequency-filter for attenuating part of the sound spectrum. Sound Level Meter An instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement and determination of noise and sound levels. -----------------------------r:T"P"2 engineering ~ group, Inc. 2-4 '~P.ll~JIIH: C( ·n PA2019-095 Single Event Noise Exposure Level (SENEL) The dBA level which, if it lasted for one (1) second, would produce the same A-weighted sound energy as the actual event. 2. 7 Sound Propagation As sound propagates from a source it spreads geometrically. The sound from a small, localized source (i.e., a point source) radiates uniformly outward as it travels away from the source in a spherical pattern. The sound level attenuates at a rate of 6 dB per doubling of distance. The movement of vehicles down a roadway makes the source of the sound appear to propagate from a line (i.e., line source) rather than a point source. This line source results in the noise propagating from a roadway in a cylindrical spreading versus a spherical spreading that results from a point source. The sound level attenuates for a line source at a rate of 3 dB per doubling of distance. As noise propagates from the source, it is affected by the ground and atmosphere. Noise models use the hard site (reflective surfaces) and soft site (absorptive surfaces) to help calculate predicted noise levels. Hard site conditions assume no excessive ground absorption between the noise source and the receiver. Soft site conditions such as grass, soft dirt or landscaping attenuate noise at an additional rate of 1.5 dB per doubling of distance. When added to the geometric spreading, the excess ground attenuation results in an overall noise attenuation of 4.5 dB per doubling of distance for a line source and 6.0 dB per doubling of distance for a point source. Research has demonstrated that atmospheric conditions can have a significant effect on noise levels when noise receivers are located 200 feet from a noise source. Wind, temperature, air humidity, and turbulence can further impact how far sound can travel. Figure 1 shows typical sound levels from indoor and outdoor noise sources. -----------------------------r.,"T'J engineering L.U.U group, inc. 2-5 [KPI lQi llP\'r. CO 111 PA2019-095 Figure 1 TYPICAL SOUND LEVELS FROM INDOOR AND OUTDOOR NOISE SOURCES COMMON OUTDOOR NOISE LEVELS Jet Flyover at 1 000 ft. Gas Lawn Mower at 3 ft. Diesel Truck at 50 ft. Noise Urban Daytime Gos Lawn Mower at 100 ft. Commercial Area Heavy Traffic at 300 ft. Quiet Urban Daytime Quiet Urban Nighttime Quiet Suburban Nighttime Quiet Rural Nighttime NOISE LEVEL (dBA) COMMON INDOOR NOISE LEVELS ----110 Rock Band ---100 Inside Subway Train (New York) -+--90 ---ao ---70 ------so ------so ------40 ---30 -----20 -+--10 ---o Food Blender at 3 ft. Garbage Disposal at 3 ft. Shouting at 3 ft. Vacuum Cleaner at 10 ft. Normal Speech at 3 ft. Lorge Business Office Dishwasher Next Room Small Theatre, Large Conference Room (Background) Library Bedroom at Night Concert Holl (Background) Recording Studio Threshold of Hearing -------------------------------r:,-1'2 engineering L.U.U group, inc. 2-6 ri<rI1qI1we · rnrn PA2019-095 3.0 Regulatory Setting 3.1 City of Newport Beach Noise Regulations The proposed project is located in the City of Newport Beach and is required to follow the City's noise regulations and standards established in the Newport Beach Municipal Code Chapter 10.26 --Community Noise Control. The full Community Noise Control ordinance is provided in Appendix A. Noise levels from the project site are required to be below the City's standard during daytime and nighttime hours at all adjacent and surrounding properties. Table 1 shows the City of Newport Beach Exterior Noise Standards. Table 1 C"t f N I :yo ewpor t B h E t . N . St d d eac x enor 01se an ar s Allowable Exterior Noise Level (Leq) Noise Zone Type of Land Use 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. I Single-, Two-, or 55 dBA 50dBA Multiple-Family Residential II Commercial 65 dBA 60dBA Ill Residential Portions of 60 dBA 50dBA Mixed-Use Properties IV Industrial or Manufacturing 70dBA 70dBA 1 Newport Beach Municipal Code Chapter 10.26.025. 2 If the ambient no ise level exceeds the resulting standard, the ambient shall be the standard. Per section 10.26.025 of the Community Noise Control ordinance, it is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen-minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for any period of time (measured using A-weighted slow response). In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level shall be increased to reflect the maximum ambient noise level. -----------------------------r:,-n engineering L.LI.U group, inc. 3-1 ,·,,r!11c1111,'• · ~r,rn PA2019-095 4.0 Study Method and Procedures The following section describes the measurement procedures, measurement locations, and noise modeling procedures and assumptions used in the noise analysis. 4.1 Measurement Procedures and Criteria Noise measurements are taken to determine the existing noise levels. A noise receiver or receptor is any location in the noise analysis in which noise might produce an impact. The following criteria are used to select measurement locations and receptors: • Locations expected to receive the highest noise impacts, such as the first row of houses • Locations that are acoustically representative and equivalent of the area of concern • Human land usage • Sites clear of major obstruction and contamination RK conducted the sound level measurements in accordance with Caltrans technical noise specifications. All measurement equipment meets American National Standards Institute (ANSI) specifications for sound level meters (S 1.4-1983 identified in Chapter 19.68.020.AA). A Piccolo-II Type 2 sound level meter was used to conduct long term (24-hour) noise measu rem en ts. The Leq, Lmin, Lmax, L2, LB, L25, and LSO statistical data were recorded over the measurement time period intervals and the information was utilized to define the noise characteristics for the project. The following gives a brief description of the Caltrans Technical Noise Supplement procedures for sound level measurements: • Microphones for sound level meters were placed five (5) feet above the ground for all short-term noise measurements and ten (1 O) feet above the ground for all long term noise measurements. • Sound level meters were calibrated before and after each measurement • Following the calibration of equipment, a windscreen was placed over the microphone • Frequency weighting was set on "A" and slow response • Results of the short-term noise measurements were recorded on field data sheets -----------------------------r:,TJ engineering ~ group, inc. 4-1 ··,y11q11w r n PA2019-095 • During any short-term noise measurements, any noise contaminations such as barking dogs, local traffic, lawn mowers, or aircraft fly-overs were noted • Temperature and sky conditions were observed and documented Appendix B includes photos, field sheets, and measured noise data. 4.2 Referenced Noise Levels To estimate future noise levels from the proposed project, referenced noise level are derived from SoundPLAN™ software for both indoor live music and outside patio noise. Live music/DJ noise levels are referenced at 105 dBA sound pressure level at the noise source . Large beer garden noise has been used to model noise for the outside patio . Indoor live music noise has been adjusted to account for the existing building enclosure and sound barriers . All the windows and doors at Chihuahua Tap House are expected to remain closed during live music performances, with the exception of brief periods when doors open to allow persons to enter/exit the building. 4.3 Stationary Noise Modeling On-site stationary noise sources were analyzed using Sound PLAN TM noise modeling software . SoundPLAN TM is a standards-based program that incorporates more than twenty national and international noise modeling guidelines. The following noise prediction standards were used during the performance of this project: • TNM 3.0 (TNM 2.5) • FTNFRA -HSGT: 2005 (FTNFRA -HSGT;2005) • RMR 2002 (EU-Interim) (RMR 2002) • ISO 9613-2: 1996 • Nord2000 Projected noise levels from Sound PLAN TM are based on the following key parameters: • Developing three -dimensional noise models of the project, • Predicting the project noise levels at the selected community locations and • Comparing the predicted noise with the existing community ambient noise levels at the receptor locations . 4-2 r:,-n engine~rinu L.l1.U group, me. PA2019-095 The sides of the residential buildings, walls, etc. were modeled as reflective surfaces and also as diffractive bodies. The noise sources are shown as red spheres (point sources) and red surfaces (area sources). A light blue line outlines the perimeter of each operation. The surrounding roads are displayed as grey surfaces. Most of the ground within the project site and adjacent areas are covered with gravel, concrete or asphalt. 4-3 r:,-n enuine_ering ~ urouo,mc. (,<f'llQIIWI' I ('Ill PA2019-095 5.0 Existing Noise Environment The existing noise environment for the project site and surrounding areas has been established based on noise measurement data collected by RK. Noise measurement data indicates that traffic noise propagating from the adjacent roadways, as well as activities from the surrounding residential and commercial land uses, are the main sources of ambient noise at the project site and surrounding area. Using a Piccolo-II Type 2 integrating-averaging sound level meter, one (1) 24-Hour noise measurement was recorded at the nearest adjacent residential property line for three (3) consecutive days on Friday, May 10th , Saturday, May 11 th , and Sunday, May 12th . The noise monitoring locatior::i is representative of noise levels for the first row of homes along 32 nd Street facing the project site. The Leq, Lmin, Lmax, L2, L8, L25, and LSO statistical data were recorded on an hourly basis over the 24-hour period. The information was utilized to define the noise characteristics for the nearest adjacent noise sensitive land uses during daytime and nighttime hours. Table 2 shows the results of the 24-hour noise measurement. Table 2 24-Hour Noise Measurement Results Day Time Leq Lmin Lmax L2 Ls L2s Lso 24-hr CNEL Daytime 69 .1 47.2 108.2 73.9 70 .9 67 .2 63 .1 Friday, (7am - 1 0pm) May 10th 75 .1 Nighttime (1 0pm - 7 am) 62.6 42 .4 92 .5 71.2 66.7 60.4 54.6 Daytime 70.1 48 .3 108.7 74.1 70.8 67.1 63.0 Saturday, (7am - 1 0pm) May 11th 71.7 Nighttime (1 0pm - 7 am) 62 .1 44.6 88.3 71 .1 66.4 60.4 55.3 Daytime 67.2 45.4 95 .5 74 .3 71 .2 67.3 63 .2 Sunday, (7am - 1 0pm) May 12th 69.7 Nighttime (10pm - 7 am) 60 .0 41.8 85 .2 69 .6 64.0 57 .5 52.0 -----------------------------r:,-,'2 engineering L.U.U grouo.1nc. 5-1 PA2019-095 The following details and observations are provided for the 24-hour noise measurement: 24-Hr Noise meter placed approximately 228 feet west of the Chihuahua Tap House, near the residential uses along 32 nd Street. Noise meter was placed at approximately 1 0 feet above ground level and 5 feet from the residential property line. Ambient noise varies and includes traffic noise from 32 nd Street and Newport Boulevard and pedestrian activity. The noise monitoring location is representative of noise levels for the first row of homes along 32nd Street facing the project site. The ambient noise measurement shows that existing noise levels currently exceed the Newport Beach standards during certain times of the day and night at the residential properties fronting along 32 nd Street. Therefore, per NBMC, Section 10.26.025, the maximum allowable noise level during these times shall be increased to reflect the maximum ambient noise level. Exhibit C shows the 24-Hour noise measurement location. Appendix B includes photos, field notes, and measured noise data. 5-2 r.:T'1'1 enoine~ring LJ...Ul group, me. PA2019-095 6.0 Noise Impact Analysis This assessment analyzes the change in the ambient environment as a result of operational noise impacts generated by the project. The main sources of noise generated by the project would include on-site stationary source noise generated by operational activities. Noise level impacts are compared to the City of Newport Beach noise standards in the Municipal Code. Mitigation measures are provided, as needed, to ensure the project's noise impact is less than significant. The project must demonstrate that noise levels generated by the project would not be in excess of standards established in the City of Newport Beach Municipal Code, Chapter 10.26 --Community Noise Control. 6.1 Residential Noise Impacts The potential noise impacts from the operation of the proposed restaurant to the nearest residential land uses are analyzed. The project is requesting a Limited Term Permit to allow live musidDJ on the premises. All live music will take place indoors. No live or amplified music will be allowed on the patio. All the windows and doors at Chihuahua Tap House are expected to remain closed during live music performances, with the exception of brief periods when doors open to allow persons to enter/exit the building. Project noise levels from live music events are combined with existing project noise levels, including outdoor speakers and patio noise to determine the potential stationary noise impacts to adjacent land uses. Existing ambient noise levels are shown to currently exceed the Newport Beach Municipal Code noise standards near the surrounding residential properties. Existing noise levels at the surrounding residential properties are attributed to ambient conditions, including roadway and pedestrian noise, and not specifically due to the project's existing operations. As specified in Section 10.26.025(C) of the NBMC, in the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient .noise level. NBMC also provides an allowance for the maximum instantaneous noise levels equal to the value of the noise standard plus twenty (20) OBA for any period of time. Table 3 shows the project noise impact analysis results during the daytime and nighttime hours. -----------------------------r:,-n engineering I.U.U group, inc. 6-1 PA2019-095 Table 3 Project Noise Impact Analysis Noise Level 0-eq dBA)1 Scenario Daytime Nighttime (7am -10pm) (10pm -7am) Project Noise Level at Residential Home-1 42.1 42 .1 Project Noise Level at Residential Home-2 41 .5 41 .5 a, Project Noise Level at Res idential Home-3 39.9 39.9 E +i ,fJ City of Newport Beach Residential Standard 55 50 .c C, z Project Noise Levels Exceed Standard? NO NO ca a, Existing Ambient Noise Level at Residential 2 E 67.2 60.0 ~ Existing Plus Project Noise Level at all nJ 67.2 60 .1 C Residential Homes Increase as a Result of Project 0 .0 0.1 Significant Increase? NO NO 1 Noise leve ls calculated at nearest residential homes located approximately 220 feet northwest of the site . 2 The lowest average daytime and nighttime Leq noise levels recorded are shown. As shown in Tables 3, the noise level generated by the project would be within the allowable limits of the Newport Beach Noise Standards for both daytime and nighttime conditions . Furthermore, the change in the ambient environment as a result of the project is considered less than significant. A significant increase in noise is considered to be 3 dBA above the existing ambient environment. The 3 dBA threshold has been adopted from the FHWA Highway Traffic Noise Analysis and Abatement Policy and Guidance document and the Caltrans Basics of Highway Noise document, which define a 3 dBA increase as the threshold at which the human ear can barely perceive a change in noise. The operational noise from the proposed project is expected to be within the allowable limits of the City of Newport Beach Municipal Code, Chapter 10 .26 --Community Noise Control at the nearest residential properties located 220 feet away. Stationary noise calculation worksheets are provided in Appendix C. ------------------------------r.,-n engine~ring L.U.U group, me . 6-2 'If'. lQllh't.: f'f\!ll PA2019-095 6.2 Summary of Analysis Results The following findings are provided based on the results of this analysis: 1. Project noise levels are expected to be within the allowable limits of the City of Newport Beach Exterior Noise Standards during daytime hours (7 a.m. to 10 p.m.). 2. Project noise levels are shown to be within the allowable limits of the City of Newport Beach Exterior Noise Standards during nighttime hours (10 p.m. to 7 a.m.). 6.3 Summary of Analysis Recommendations The following recommendations to help reduce any potential noise impacts or complaints are provided: 1. No live music or amplified music should be played on the outdoor patio. 2. All doors and windows should remain closed (i.e ., not left open for extended periods of time) while live music is playing. 6.4 Conclusions RK Engineering Group, Inc. (RK) has completed a noise impact analysis for the proposed Chihuahua Tap House Limited Term Permit Application. Based on the results and recommendations of this analysis, indoor live music events allowed under the proposed Limited Term Permit are not expected to result in a noise violation, as defined under the City of Newport Beach Community Noise Control ordinance. 6-3 r:,TJ engine~ring ~ group.me. PA2019-095 Exhibits PA2019-095 J N Exhibit A Location Map _...:2:.::.:83:..:0...:-2;.:..0:....;.19....:-0~2 ______________________________ r:Tn CHIHUAHUA TAP HOUSE NOISE IMPACT STUDY, City of Newport Beach, CA liiiW engine~ring group, me. PA2019-095 N ,.'f,:'>.;,.! ~~;t !' ' '\' -~~;. ;~~i !'~-/-~ I .......... ,._..I • :, ~ I .,. ,.r1t.:; ,.i;. ,. -,-►.-- --I .. .J,..1 :,+ •-'. ,, I 1·· , ... ··1 ~,. • • I • • j : : : : : : : : ... •, I • f J .. ~ I ·\ i: j .-., ·" ).II•' .! P 1, 'l0 ~.f/1. HNG ~ '. 1 , ... ~ : :~t I,,,:; I . I,. l' .. u.,;••· \ .,.. ..... Exhibit B Site Plan ', . ,. SEAT ,1 < ' _2 ___ 8_30-------20---1_9----0---2 _________________________________ r:,n CHIHUAHUA TAP HOUSE NOISE IMPACT STUDY, City of Newport Beach, CA liiiW engine~ring group, me. PA2019-095 N Legend: ® = Long Term (24-Hr) Noise Monitoring Location □= Nearest Noise Sensitive Res idential Uses Exhibit C Noise Monitoring Locations ---=2:..:..83:....:0....:-2:..:.0....:19_-0:....:2~------------------------------r:,n CHIHUAHUA TAP HOUSE NOISE IMPACT STUDY, City of Newport Beach, CA ~ engine~ring group, me. PA2019-095 ~ N Exhibit D SoundPLAN Project Noise Level Results CHIHUAHUA TAP HOUSE NOISE IMPACT STUDY City of Newport Beach Signs and symbols __ ·-30 40 m 2aJo.2019-02 r:Tn engine~ring CHIHUAHUA TAP HOUSE NOISE IMPACT STUDY, City of Newport Beach , CA ~ group, lnC, PA2019-095 Exhibit E SoundPLAN Noise Contours CHIHUAHUA TAP HOUSE NOISE IMPACT STUDY Day & Night Noise Contours City of Newport Beach Signs and symbols > 65 30 40 -===---===-• m 2aJo-2019-{)2 ~ engine~ring __ CHIHUAHUA TAP HOUSE NOISE IMPACT STUDY, City of Newport Beach , CA ~ group, lnC, PA2019-095 Appendices PA2019-095 Appendix A City of Newport Beach Municipal Code Noise Control PA2019-095 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL (119hits) Chapter 10.26 COMMUNITY NOISE CONTROL Sections: 10.26.005 Declaration of Policy. 10.26.01 0 Definitions. 10.26.015 Decibel Measurement Criteria. 10.26.020 Designated Noise Zones. 10.26.025 Exterior Noise Standards. 10.26.030 Interior Noise Standards. 10:26.035 Exemptions. 10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions-Special Provisions. 10.26.045 Heating, Venting and Air Conditioning-Special Provisions. 10.26.050 Sound-Amplifying Equipment. 10.26.055 Noise Level Measurement. 10.26.065 Proposed Developments. 10.26.070 Prima Facie Violation. 10.26.075 Violations. 10.26.080 Violations-Additional Remedies-Injunctions. 10.26.085 City Manager Waiver. 10.26.090 Noise Abatement Programs. 10.26.095 Manner of Enforcement. 10.26.100 Severability. 10.26.005 Declaration of Policy. A. In order to control unnecessary, excessive and annoying noise in the City of Newport Beach, it is declared to be the policy of the City to prohibit such noise generated from or by all sources as specified in this chapter. 8. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest, therefore, the City Council of the City of Newport Beach does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise in a manner prohibited by, or not in conformity with, the provisions of this chapter, is a public nuisance and may be punished as a public nuisance. The ordinance codified in this chapter is effective thirty (30) days from adoption, however, all fixed noise sources existing at the date of adoption shall have ninety (90) days from the date of adoption to achieve compliance with this chapter. (Ord. 95-38 § 11 (part), 1995) 10.26.010 Definitions. The following words, phrases and terms as used in this chapter shall have the meanings as indicated here: "Agricultural property" means a parcel of real property which is undeveloped for any use other than agricultural purposes. "Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. https ://www.codepublishing.com/CA/NewportBeach/ 1/9 PA2019-095 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL "A-weighted sound level" means the total sound level meter with a reference pressure of twenty (20) micropascals using the A-weighted network (scale) at slow response. The unit of measurement shall be defined as OBA. "Code Enforcement Officer" means the Code Enforcement Officer of the City or his duly authorized deputy. "Commercial property" means a parcel of real property which is used as either in part or in whole for commercial purposes. "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted. "Decibel (Db)" means a unit which denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio. "Dwelling unit" means any area within a structure on any parcel which: 1. Contains separate or independent living facilities for one or more persons, with an area or equipment for sleeping, sanitation and food preparation, and which has independent exterior access to ground level; or 2. Is being utilized for residential purposes by one or more persons separately or independently from occupants of other areas within the structure. "Emergency machinery, vehicle, work or alarm" means any machinery, vehicle, work or alarm used, employed, performed or operated in an effort to protect, provide or restore safety conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. "Equivalent, noise, level, leq." means the sound level corresponding to a steady state noise level over a given measurement period with the same amount of acoustic energy as the actual time varying noise level. Also known as the energy average noise level during the measurement period. The measurement period shall be fifteen (15) minutes under the terms of this chapter. "Fixed noise source" means a stationary device which creates sounds while fixed or motionless including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment. "Grading" means any excavating of filling of earth material or any combination thereof conducted at a site to prepare said site for construction or other improvements thereon. "Health care institution" means any hospital, convalescent home or other similar facility excluding residential. "Hertz (HZ)" means the unit which describes the frequency of a function periodic in time which is the reciprocal of the period. "Impulsive noise" means a noise of short duration usually less than one second and of high intensity, with an abrupt onset and rapid decay. "Industrial property" means a parcel of real property which is used either in part or in whole for manufacturing purposes. "Intruding noise level" means the total sound level, in decibels, created, caused, maintained or originating from an alleged offensive source at a specified location while the alleged offensive source is in operation. "Licensed" means the issuance of a formal license or permit by the appropriate jurisdictional authority, or where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record. https://www.codepublishing.com/CA/NewportBeach/ 2/9 PA2019-095 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL "Major roadway" means any street, avenue, boulevard or highway used for motor vehicle traffic which is owned or controlled by a public government entity. "Mobile noise source" means any noise source other than a fixed noise source. "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind, including public agencies. "Residential property" means a parcel of real property which is used either in part or in whole for residential purposes, other than transient uses such as hotels and motels, and residential care facilities. Residential property includes the residential portion of mixed use properties. "Simple tone noise" means a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. If measured, simple tone noise shall exist if the one-third octave band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two continuous one-third octave bands as follows: five Db for frequencies of five hundred (500) Hertz (Hz) and above or, by fifteen (15) Db for frequencies less than or equal to one hundred twenty-three (123) Hz. "Sound level meter" means an instrument meeting American National Standard lnstitute's Standard S 1.4-1971 or most recent revision thereof for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. "Sound pressure level" of a sound, in decibels, means twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure which shall be explicitly stated. "Vibration" means any movement of the earth, ground or other similar surface created by a temporal and spatial oscillation device or equipment located upon, affixed in conjunction with that surface. (Ord. 95-38 § 11 (part), 1995) 10.26.015 Decibel Measurement Criteria. Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound pressure of twenty (20) micropascals as measured with a sound level meter using the A-weighted network (scale) at slow response. (Ord. 95-38 § 11 (part), 1995) 10.26.020 Designated Noise Zones. The properties hereinafter described assigned to the following noise zones: Noise Zone I Noise Zone 11 Noise Zone Ill Noise Zone IV All single-, two-and multiple-family residential properties; All commercial properties; The residential portion of mixed-use properties; All manufacturing or industrial properties. The actual use of the property shall be the determining factor in establishing whether a property is in Noise Zone I, 11, Ill or IV provided that the actual use is a legal use in the City of Newport Beach. (Ord. 95-38 § 11 (part), 1995) 10.26.025 Exterior Noise Standards. https://www.codepublishing.com/CA/NewportBeach/ 3/9 PA2019-095 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL A. The following noise standards, unless otherwise specifically indicated, shall apply to all property with a designated noise zone: ALLOWABLE EXTERIOR NOISE LEVEL (Equivalent Noise NOISE TYPE OF LAND Level, Leq) ZONE USE 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. Single-, two-or 55 OBA 50 OBA multiple-family residential II Commercial 65 OBA 60 OBA Ill Residential 60 OBA 50 OBA portions of mixed-use properties IV Industrial or 70 OBA 70 OBA manufacturing If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen-minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) OBA for any period of time (measured using A-weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. 0. The Noise Zone Ill standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.030 Interior Noise Standards. A. The following noise standard, unless otherwise specifically indicated, shall apply to all residential property within all noise zones: NOISE ZONE TYPE OF LAND USE Residential ALLOWABLE INTERIOR NOISE LEVEL (Equivalent Noise Level, Leq) 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. 45 OBA 40 OBA https://www.codepublishing.com/CA/NewportBeach/ 4/9 PA2019-095 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL Ill Residential portions of mixed-use properties 45 OBA 40 OBA If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such a person which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen-minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) OBA for any period of time (measured using A-weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the noise standard applicable to said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone Ill standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 2, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.035 Exemptions. The following activities shall be exempted from the provisions of this chapter: A. Any activity conducted on public property, or on private properly with the consent of the owner, by any public entity, or its officers, employees, representatives, agents, subcontractors, permittees, licensees, or lessees, which are consistent with, and in furtherance of, the governmental functions or services the public entity has authorized, or responsible, to perform, activities which are exempt from the provisions of this chapter include, without limitation, sporting and recreational activities which are sponsored or co-sponsored by the City of Newport Beach or the Newport Mesa Unified School District; B. Occasional outdoor gatherings, public dances, show, sporting and entertainment events, provided said events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events; C. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within forty-five (45) minutes in any hour of its being activated; D. Noise sources associated with construction, repair, remodeling, demolition or grading of any real property. Such activities shall instead be subject to the provisions of Chapter 10.28 of this title; E. Noise sources associated with construction, repair, remodeling, demolition or grading of public rights-of-way or during authorized seismic surveys; F. All mechanical devices, apparatus or equipment associated with agriculture operations provided that: 1. Operations do not take place between eight p.m. and seven a.m. on weekdays, including Saturday, or at any time Sunday or a federal holiday, or https://www.codepublishing.com/CA/NewportBeach/ 5/9 PA2019-095 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL 2. Such operations and equipment are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions, or 3. Such operations and equipment are associated with agricultural pest control through pesticide application, provided the application is made in accordance with permits issued by or regulations enforced by the California Department of Agriculture; G. Noise sources associated with the maintenance of real property. Such activities shall instead be subject to the provisions of Chapter 10.28 of this title; H. Any activity to the extent regulation thereof has been preempted by state or federal law. NOTE: Preemption may include motor vehicle, aircraft in flight, and railroad noise regulations; I. Any noise sources associated with people and/or music associated with a party at a residential property. Such noise is difficult to measure under the terms of this chapter and instead shall be subject to the provisions of Chapters 10.28 and 10.58 of this title; J. Any noise sources associated with barking dogs or other intermittent noises made by animals on any properly within the City of Newport Beach. Such noise is difficult to measure under the terms of this chapter and instead shall be subject to the provisions of Chapter 7.20 of this Code; K. Any noise sources associated with the operation of a permanently installed heating, venting and air conditioning (HVAC) equipment on a residential property permitted under the provisions of Section 10.26.045(8) and (C); L. Any noise sources specifically identified and mitigated under the provisions of a use permit, modification permit, development agreement or planned community district development plan adopted prior to the date of adoption of this chapter. (Ord. 95-53 § 3, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions -Special Provisions. It is unlawful for any person to create any noise which causes the noise level at any school, day care center, hospital or similar health care institution, church, library or museum while the same is in use, to exceed the noise standards specified in Section 10.26.025 prescribed for the assigned Noise Zone I (residential uses). (Ord. 95-38 § 11 (part), 1995) 10.26.045 Heating, Venting and Air Conditioning-Special Provisions. ····•·•············· ......................................................................................................... . ................................................ . A. New HVAC Equipment. New permits for heating, venting and air conditioning (HVAC) equipment in or adjacent to residential areas shall be issued only where installations can be shown by computation, based on the sound rating of the proposed equipment, not to exceed an A-weighted sound pressure level of fifty (50) OBA or not to exceed an A-weighted sound pressure level of fifty-five (55) dBA and be installed with a timing device that will deactivate the equipment during the hours of ten p.m. to seven a.m. The method of computation used shall be that specified in "Standard Application of Sound Rated Outdoor Unitary Equipment," Standard 275, Air conditioning and Refrigeration Institute, 1984 or latest revision thereof. B. Existing HVAC Equipment. 1. HVAC equipment legally installed prior to April 22, 1981, shall be permitted to operate with an exterior noise limit of sixty-five (65) dBA until January 1, 1998. 2. HVAC equipment legally installed prior to April 22, 1981, shall be exempted from the interior noise level standard as specified in Section 10.26.030 of this chapter until January 1, 1998. https://www.codepublishing.com/CA/NewportBeach/ 6/9 PA2019-095 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL 3. HVAC equipment legally installed after April 22, 1981, and prior to the date of adoption of this chapter shall not exceed a maximum exterior noise limit of fifty-five (55) dBA during the ninety-day compliance period set forth in Section 10.26.005. C. In the event that HVAC equipment cannot meet the requirements set forth in this chapter, then the exterior noise limit for such equipment may be raised to sixty-five (65) dBA and exempted from the interior noise level standard as specified in Section 10.26.030 of this chapter, provided that the applicant obtains the written consent of all the owners of the affected properties. (Ord. 95-38 § 11 (part), 1995) 10.26.050 Sound-Amplifying Equipment. Loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall be subject to the provisions of Chapter 10.32 of this title. Such sound-amplifying equipment shall not be construed to include electronic devices, including but not limited to, radios, tape players, tape recorders, compact disc players, electric keyboards, music synthesizers, record players or televisions, which are designed and operated for personal use, or used entirely within a building and are not designed or used to convey the human voice, music or any other sound to an audience outside such building, or which are used in vehicles and heard only by occupants of the vehicle in which installed, which shall be subject to the provisions of Chapter 10.28 of this title. (Ord. 95-38 § 11 (part), 1995) 10.26.055 Noise Level Measurement. A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measurement microphone height shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone height shall be five feet above the finished floor level. B. The location selected for measuring interior noise levels shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position. (Ord. 95-38 § 11 (part), 1995) 10.26.065 Proposed Developments. Each department whose duty it is to review and approve new projects or changes to existing projects that result or may result in the creation of noise shall consult with the Code Enforcement Officer prior to any such approval. If at any time the Code Enforcement Officer has reason to believe that a standard, regulation, action, proposed standard, regulation or action of any department respecting noise does not conform to the provisions as specified in this chapter, the Code Enforcement Officer may request such department to consult with him on the advisability of revising such standard or regulation to obtain uniformity. (Ord. 95-38 § 11 (part), 1995) 10.26.070 Prima Facie Violation. Any noise exceeding the noise level standard as specified in Section 10.26.025 and 10.26.030 of this chapter, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. (Ord. 95-38 § 11 (part), 1995) 10.26.075 Violations. https ://www.codepublishing.com/CA/NewportBeach/ 7/9 PA2019-095 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL Any persons violating any of the provisions of this chapter shall be deemed guilty of an infraction. (Ord. 95-38 § 11 (part), 1995) 10.26.080 Violations-Additional Remedies-Injunctions. A. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this chapter which operation or maintenance causes or creates sound levels exceeding the allowable standards as specified in this chapter shall be deemed and· is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. B. Any violation of this chapter is declared to be a public nuisance and may be abated in accordance with law. The expense of this chapter is declared to be public nuisance and may be by resolution of the City Council declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a personal obligation of the property owner. (Ord. 95-38 § 11 (part), 1995) 10.26.085 City Manager Waiver. The City Manager is authorized to grant a temporary waiver to the provisions of this chapter for a period of time not to exceed thirty (30) days if such temporary waiver would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought. (Ord. 95-38 § 11 (part), 1995) 10.26.090 Noise Abatement Programs. A. In circumstances which adopted community-wide noise standards and policies prove impractical in controlling noise generated from a specific source, the City Council may establish a noise abatement program which recognizes the characteristics of the noise source and affected property and which incorporates specialized mitigation measures. B. Noise abatement programs shall set forth in detail the approved terms, conditions and requirements for achieving maximum compliance with noise standards and policies. Said terms, conditions and requirements may include, but shall not be limited to, limitations, restrictions, or prohibitions on operating hours, location of operations, and the types of equipment. (Ord. 95-38 § 11 (part), 1995) 10.26.095 Manner of Enforcement. A. The City Code Enforcement Officer is directed to enforce the provisions of this chapter and may issue citations for any violation of the provisions of this chapter or violations of this chapter may be prosecuted or enforced in the same manner as other infractions pursuant to this Code; provided, however, that in the event of an initial violation of the provisions of this chapter, a written notice may be given to the alleged violator which specifies the time by which the condition shall be corrected. B. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his/her duty. C. In the event the alleged violator cannot be located in order to serve any notice, the notice shall be deemed to be given upon mailing such notice by registered or certified mail to the alleged violator at his last known address or at the place where the violation occurred in which event the specified time period for abating the violation or applying for a variance shall commence at the date of the day following the mailing of such notice. (Ord. 95-38 § 11 (part), 1995) 10.26.100 Severability. https://www.codepublishing.com/CA/NewportBeach/ 8/9 PA2019-095 9/28/2018 Chapter 10.26 COMMUNITY NOISE CONTROL If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are hereby declared to be severable. (Ord. 95-38 § 11 (part), 1995) The Newport Beach Municipal Code is current through Ordinance 2018-13, passed August 14, 2018. Disclaimer: The City Clerk's Office has the official version of the Newport Beach Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. https://www.codepublishing.com/CA/NewportBeach/ 9/9 PA2019-095 Appendix B Field Data and Photos PA2019-095 Field Sheet -ST1 Location Photos Project: Chihuahua Tap House Noise Impact Engineer: D Shivaiah Study Measurement Address: Residential Uses at 32nd Street r-:i,-n engine~ring ~ group , me . City: City of Newport Beach Date: 5/10/2019 JN: 2830-2019-02 Site No.: 1 PA2019-095 :,ise Impact Study JOB#: 2l I, 24-Hour Measurement DATE: 11 PROPERTY LINE TO THE NORTH (DAY-1) BY: D Lmin Lmax L2 LB L25 44.3 78.8 71.5 67.6 61.5 45.1 80.1 71.3 67.2 60.4 42.8 77.8 70.2 65.7 57.3 42.4 74.7 66.9 56.6 50.3 42.4 77.5 67.9 58.7 52.6 44.9 78.8 70.4 63.5 56.1 44.8 80.5 71.7 67.8 61.3 47.8 81.8 73.9 69.9 65.2 47.2 89.3 73.9 70.4 66 48.5 86.2 73.3 70.7 66.8 51.8 85.3 73.2 70.7 67.1 50.4 84.7 74.3 71.3 67.8 49.7 86.7 73.6 70.8 67.4 so 81.4 73.8 71 67.3 51.3 82.8 73.9 71.1 67.2 51.9 87.1 74.2 71.7 68.2 51 96.5 74.9 71.9 68.6 so 87.8 74.7 71.8 68.6 51.9 85.3 74.6 71.9 68.5 50.2 89.7 73.3 70.4 66.4 51 82.1 73 70.1 66.2 49.5 98.2 73.3 70.2 65.9 48 108.2 74.2 70.1 64.9 46 92.5 74.8 71.1 65.6 9.1 47.2 108.2 73.9 70.9 67.2 52.6 42.4 92.5 71.2 66.7 60.4 PA2019-095 3 :00 AM 4 :00 AM + 5 :00 AM ' N ro .0 6 :00 AM ~ + I 7:00 AM 0 C ' ) 3 z ::::i 8:00 AM 0 l/1 9:00 AM (D ' ~ 3 10 :00 AM 0 OJ X :J + r-+ =111:00 AM 0 3 ~ ' ro :J N 12:00 PM C7Q + ;:,,;J 1:00 PM (D l/1 C ' cc r-+ 2:00 PM l/1 + -' 3:00 PM (D ' ..Q N .... Ul ' + 4:00 PM :J 5:00 PM ' Ul 0 6:00 PM PA2019-095 4 :00 AM 5:00 AM 6:00 AM 7:00 AM I I N ~ I 8:00 AM • I :r: 0 C ' 9:00 AM • I z 0 (/') + 1 ro 10 :00 AM ~ r 0 ro ..0 :J 11 :00 AM ,-t- 0 ' n t I :J z 12:00 PM C1tl p :::0 ro (/') 1:00 PM • I C ;:::;:- n 2:00 PM • I z m .c:. \ I 3 :00 PM 4:00 PM 5:00 PM 6:00 PM PA2019-095 Joise Impact Study JOB#: 2 ~, 24-Hour Measurement DATE: 1 . PROPERTY LINE TO THE NORTH {DAY-2) BY: D Lmin Lmax L2 L8 L25 47.8 86.0 72.8 68.5 63.6 45.5 83.1 71.8 67.9 61.6 44.6 83.7 71 65.3 57.1 45 79.7 69.4 61.8 52.9 45.5 76.5 62.4 55.5 51.1 46.6 77.5 69.1 62.5 55.3 47.6 86.8 72.3 67.5 59.5 48.3 89.9 73.8 69.8 64.7 51.1 80.3 74 70.8 66.9 49.6 91.5 72.7 69.9 66.3 49.4 106.3 74.3 71 67.3 49.3 104.8 75.7 71.7 68.1 49 83.1 74.1 71.3 67.8 49.8 108.7 74.2 70.8 67.5 49.7 89.7 75.4 71.3 67.9 50.1 85.4 74.4 71.2 67.6 49.8 93.1 74.2 70.8 67.1 51.5 85.9 74.1 70.8 67.3 51.1 94.9 73.1 70.2 67.1 50.2 88.3 74.3 71.3 67.7 51 80.7 72.8 69.9 66.1 50.4 78.7 73.4 70.2 66.4 48.5 82.2 73.8 70.6 66.2 47.9 88.3 73 69.5 64.6 70.1 48.3 108.7 74.1 70.8 67.1 62.1 44.6 88.3 71.1 66.4 60.4 PA2019-095 ·~---- 1/\ld 00:9 0 LJ'1 __J 1/\ld oo:s + 1/\ld 00:17 C _J LJ'1 N __J ... rr 1/\ld oo :r: + (lJ _J 1/\ld oo :z Vl co ~ __J :::J + Vl 1/\ld 00:1 (lJ a:: tl.O 1/\ld oo:n N C QJ __J ~ E + 0 !/\IV oo:n ~ ~ C X 0 !/\IV 00 :01 ro E ~ __J (lJ !/\IV oo :6 Vl 0 z !/\IV oo :g C E __J ~ :::J !/\IV oo:L + 0 I o::::::r-!/\IV 00 :9 cr Q) N __J !/\IV oo :s + !/\IV 00 :17 !/\IV oo :r: PA2019-095 4 :00 AM 5:00 AM 6:00 AM 7:00 AM ' I N ~ I 8:00 AM 4t I I 0 C ' 9:00 AM .___ I z 0 (,/') + ~ 11) 10:00 AM ~ r 0 ro ..0 :J 11:00 AM ~ 0 ' n ~ I :J z 12:00 PM (TQ ~ ::::0 11) Vl 1:00 PM I ~ C M" n 2:00 PM ,,.--I z m ..c. / I 3:00 PM 4:00 PM 5:00 PM 6:00 PM PA2019-095 3p House Noise Impact Study JOB#: 2, 1, 24-Hour Measurement DATE: 1 PROPERTY LINE TO THE NORTH (DAY-3) BY: D Lmin Lmax L2 L8 L25 42.6 80.9 68.2 58.6 51.7 43 81.2 66.6 58 51.5 42.2 77 57 51 47.2 41.8 76.7 62.5 52.9 45.9 42.3 79.2 67.7 59.6 51 44.1 85.2 71.5 65.9 57.4 46.8 81.9 74.4 70.1 64.7 48.6 88.1 76 73 69.6 50.2 86.1 75.7 72.7 69.1 50.4 90.2 75.4 72.1 67.5 49.2 84.3 75.4 71.9 67.8 50.4 84.7 74.3 71.3 67.8 49.7 86.7 73.6 70.8 67.4 so 88.4 73.4 70.7 67.5 49.1 86.8 73.7 70.5 67 49.4 87.3 74.2 70.9 67.2 48.6 91.1 74 70.8 67.4 50.3 85.1 74.1 71.3 67.3 so 83.5 73.7 70.6 66.7 47.8 87.5 73.8 70.9 67.1 48.5 79.6 72.8 69.8 65.9 49.8 95.5 73.8 70.1 64.5 45.4 82.2 73.9 69.8 63.4 43.6 81.4 70.5 65.3 56.5 >7.2 45.4 95.5 74.3 71.2 67.3 60.0 41.8 85.2 69.6 64.0 57.5 PA2019-095 l/\ld 00:9 0 I..{') _J l/\ld oo:s + l/\ld 00:17 C --' I..{') N _J ... CT' l/\ld oo:r + Q) --' -l/\ld oo:z: Vl co +-,I _J ::J + Vl l/\ld 00:1 Q) 0::: 0.0 l/\ld oo:n N C QJ _J !.... E + 0 I/\IV oo:n ~ :t: C X 0 l/\l'v' 00:01 ro E ~ _J Q) I/\IV oo :6 f Vl 0 z I/\IV oo :g C E _J !.... ::J I/\IV oo:L + 0 I ~ 1/\l'v' 00:9 cr N (lJ _j l/\l'v' oo:s + l/\l'v' 00:17 I/\IV oo:r PA2019-095 1/\Jd 00:9 1/\Jd 00:5 1/\Jd 00:17 1/\Jd 00:E :::? LI.J z 1/\Jd oo:z u ~ 1/\Jd 00: 1 ::J V) Q) a:: _J lJ..l b..O 1/\Jd 00:Zl z u C I I... 0 +-' 1/\JV oo :n C CY 0 ~ ~ 1/\J\j 00:01 + Q) V) 0 z 1/\J\j 00:5 I... ::J 0 I 1/\J\j 00:8 I <:j" N 1/\JV oo:L 1/\J\j 00:9 1/\J\j 00:5 I/\JIJ'00'.17 PA2019-095 Appendix C SoundPLAN Noise Calculation Worksheets PA2019-095 PA2019-095 PA2019-095 PA2019-095 PA2019-095 PA2019-095