HomeMy WebLinkAboutPA2021-125_20210528_Noise Mitigation Report_1-24-2020PA2021-125
1 Sound Media Fusion, LLC. 1/24/2020
SOUND MEDIA FUSION, LLC.
Gary Hardesty
Van Nuys, CA 91406
audiomicro42@gmail.com
818-482-0193
LIDO HOUSE HOTEL NOISE MITIGATION
PROTOCOL AND STUDY
FOR R.D. OLSON DEVELOPMENT
JANUARY 24, 2020
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Sound Media Fusion, LLC. (SMF) was brought on board to study and recommend noise
mitigation and monitoring plans and procedures for the Lido House Hotel.
The discussion is generally directed at mitigating noise in all areas potentially affected by
on- property outdoor events.
Goals of this report are:
1) Discuss the acoustic and electro-acoustic challenges presented by the Lido House project
and surrounding areas.
2) Discuss proposed means of mitigation.
3) Establish levels on the various Lido House property event locations and simulate noise
levels in the surrounding community and the housing areas.
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Discussion of the acoustic and electro-acoustic challenges presented by the Lido House
Hotel events and potential impact on 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 Hotel project and the ways we are going
to mitigate the sound.
What is sound?
For now, let’s leave out philosophical conundrums like “If a tree falls in a forest and no-one
is there to hear it, does it really make a sound?”
Instead, let’s speak in real world terms of what we can measure and what we can hear.
From a physics perspective, sound is nothing more than small pressure changes traveling
through:
*Any elastic medium. These pressure variances propagate in all directions from-
Anything that vibrates mechanically in or on that medium or even just contacting that
medium-- things like vocal cords, 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.
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What isn’t an example? Outer space would not be an example because it doesn’t contain
enough organized molecules.
*An elastic medium is one in which the molecules can be displaced slightly but where they
tend to spring back to their original or rest position.
In a gas like air, molecules can be compressed (pushed closer together) and rarefied (pulled
further apart) but they will always spring back to normal pressure. Water, steel, and wood
also have a springiness that makes them good conductors of sound waves
*The pressure changes don't have to be very big to be perceived as sound.
In a typical conversation at 1 meter, the difference between highest compression to lowest
is only 00.0001%, one ten thousandth of a percent.
In sound, waves of compression are always followed by mirror image waves of rarefaction
(decompression) so that overall the pressure remains normal.
Remember that in sound it's not the air molecules that travel from the source to your ear but
rather the waves of compression and rarefaction of those molecules.
Finally, remember that sound waves are:
*mechanical energy-- an actual physical disturbance.
They are not like radio waves or light waves. These are electromagnetic energy.
How fast does sound travel? Sound waves travel at approximately 1128 feet per second in
air that is 68 degrees Fahrenheit.
In other media, the speed is different. For example:
Its 4756 feet per second in water.
In wood and metal, it would be even faster because the molecules are denser.
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In sustained sounds, molecular displacement is usually repetitive and it often occurs with
high regularity. That means it repeats the same way at very evenly spaced time intervals--
say every thousandth of a second.
This regularity is called periodic vibration. When vibrations repeat like this, the sound they
produce has an identifiable pitch-- a musical tone.
If there is no regularity, then the vibration is aperiodic and produces noise. The physical
vibrations that make sound can be nearly any frequency.
Experiments have shown that sound at 10 billion cycles per second is possible.
However, human ears respond to only a relatively small range of between 20 cycles per
second and 20,000 cycles per second.
Even this range is significantly shortened by age and other conditions.
Within this range of 20 to 20,000 cycles per second humans are most sensitive to the
frequencies between 1,000 and 5,000 cycles per second.
*Some simple calculations can show how long a wavelength of any frequency is:
Just divide the speed of sound (1128 feet per second) by the sound’s cycles per second to
get the wavelength.
-A 1000 cps tone's wavelength = 1.128 feet-mid frequency.
-A 20 cps tone's wavelength = 56.4 feet- low frequency.
-A 20,000 cps tone's wavelength = .0564 feet (or .67 inches.)- high frequency.
Figuring wavelengths can be useful to instrument makers.
Most wind instruments need a resonant air column half as long as the wavelength of the
fundamental frequency they want to play (Clarinet is an exception because the closed,
cylindrical pipe that makes its air column needs to be only 1/3 as long as the fundamental
frequency's wavelength.)
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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.
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Amplitude refers to how much energy is contained in the displacement of molecules that
make up sound waves.
It is usually measured in decibels.
Decibels is a logarithmic scale in which each ten number increase actually represents a ten-
fold increase in energy.
On this scale a 10 decibel increase equals 10 times the energy, but a 20-decibel increase =
100 times the energy and a 30-decibel increase = 1000 times the energy; etc.
We need this logarithmic scale because the loudest sound humans can hear is about 1 trillion
times as powerful as the softest.
Each doubling of sound energy can be represented by a 3-decibel change. Loudness refers to
our perception of amplitude and is sometimes stated in phons.
The least amount of amplitude humans can perceive as sound, starts the decibel scale at 0
dB.
This is about a trillionth of a watt per square meter.
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Key to our understanding of the basics is how we hear sound.
"The best and most beautiful thing in life cannot be seen, not touched, but are felt in the
heart."
This quote by Hellen Keller demonstrates the keen sense of her world and the world around
her, which most of us take for granted. We as people are often preoccupied with our own
lives and responsibilities to recognize the simple beauty in things we see and hear in our
everyday lives.
Hearing is perhaps the one sense we take for granted the most. We often do not realize the
different sounds that flood our ears on minute-to-minute bases. Also, the complex concept
of sound and hearing is usually taken for granted.
We simply assume that our ears and brains are doing their jobs to allow us to hear, and we
do not give it a second thought.
The human ear is an exceedingly complex organ. To make matters even more difficult, the
information from two ears is combined in a perplexing neural network, the human brain.
Keep in mind that the following is only a brief overview; there are many subtle effects and
poorly understood phenomena related to human hearing.
Figure 22-1 illustrates the major structures and processes that comprise the human ear. The
outer ear is composed of two parts, the visible flap of skin and cartilage attached to the side
of the head, and the ear canal, a tube about 0.5 cm in diameter extending about 3 cm into the
head. These structures direct environmental sounds to the sensitive middle and inner ear
organs located safely inside of the skull bones. Stretched across the end of the ear canal is a
thin sheet of tissue called the tympanic membrane or ear drum. Sound waves striking the
tympanic membrane cause it to vibrate. The middle ear is a set of small bones that transfer
this vibration to the cochlea (inner ear) where it is converted to neural impulses. The
cochlea is a liquid filled tube roughly 2 mm in diameter and 3 cm in length. Although
shown straight in Fig. 22-1, the cochlea is curled up and looks like a small snail shell. In
fact, cochlea is derived from the Greek word for snail.
When a sound wave tries to pass from air into liquid, only a small fraction of the sound is
transmitted through the interface, while the remainder of the energy is reflected. This is
because air has a low mechanical impedance (low acoustic pressure and high particle
velocity resulting from low density and high compressibility), while liquid has a high
mechanical impedance. In less technical terms, it requires more effort to wave your hand in
water than it does to wave it in air. This difference in mechanical impedance results in most
of the sound being reflected at an air/liquid interface.
The middle ear is an impedance matching network that increases the fraction of sound
energy entering the liquid of the inner ear. For example, fish do not have an ear drum or
middle ear, because they have no need to hear in air. Most of the impedance conversion
results from the difference in area between the ear drum (receiving sound from the air) and
the oval window (transmitting sound into the liquid, see Fig. 22-1). The ear drum has an
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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.
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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 ≈ 0.2, or 20%.
The range of human hearing is generally considered to be 20 Hz to 20 kHz, but it is far more
sensitive to sounds between 1 kHz and 4 kHz. For example, listeners can detect sounds as low
as 0 dB SPL at 3 kHz, but require 40 dB SPL at 100 Hertz (an amplitude increase of 100).
Listeners can tell that two tones are different if their frequencies differ by more than about 0.3%
at 3 kHz. This increases to 3% at 100 hertz. For comparison, adjacent keys on a piano differ by
about 6% in frequency.
sound waves
in air
FIGURE22-I
ear canal
tympanic membrane
(eardrum)
cochlea basilar membrane
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Functional diagram of the btm1an ear. The outer ear collects soimd waves from the enviroument and channels
them to the tvmpanic membrane (ear drum), a thin sheet of tissue that vibrates in syncbrouizatiou with the air
waveform. The middle ear bones (haDllller, anvil and stimtp) transmit these vibrations to the oval window, a
flel<lole membrane in the fluid filled cochlea. Conlained within the cochlea is the basilar membrane, the supporting
stmcture for about 12,000 nerve cells that form the cochlear nerve. Due to the varying stiffness of the basilar
membrane, each nerve cell only responses to a narrow range of audio frequencies, making the ear a frequency
spectnllll analyzer.
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The primary advantage of having two ears is the ability to identify the direction of the
sound. Human listeners can detect the difference between two sound sources that are placed
as little as three degrees apart, about the width of a person at 10 meters.
This directional information is obtained in two separate ways.
First, frequencies above about 1 kHz are strongly shadowed by the head.
In other words, the ear nearest the sound receives a stronger signal than the ear on the
opposite side of the head.
The second clue to directionality is that the ear on the far side of the head hears the sound
slightly later than the near ear, due to its greater distance from the source.
Based on a typical head size (about 22 cm) and the speed of sound (about 340 meters per
second), an angular discrimination of three degrees requires a timing precision of about 30
microseconds.
Since this timing requires the volley principle, this clue to directionality is predominately
used for sounds less than about 1 kHz.
Both these sources of directional information are greatly aided by the ability to turn the
head and observe the change in the signals. An interesting sensation occurs when a listener
is presented with exactly the same sounds to both ears, such as listening to monaural sound
through headphones. The brain concludes that the sound is coming from the center of the
listener's head!
Watts/cm' Decibels SPL Example sound
10'1 140 dB Pain
10~ 130 dB
f 10~ 120 dB Discomfort
10·' 110 dB Jac.k hammers and rock concerts
TABLE 22-1 10~ 100 dB
Units of sound intensity. Sound 10·' 90dB OSHA limit for industrial noise ~
int~sity is e~essed as power per ~ 10·• 80dB
lllltt area (su as watts/cm·2). or .s 10·• 70dB
1llOre coDllllOnly on a logarithmic 10-10 60dB Normal conversation scale called decib,ls SPL. As this ~
table shows, human hearing is the ~ 10-11 50dB
lllOst sensitive between 1 kHz and "' 10·12 40dB Weakest audible at 100 hertz
4 kHz. 10·" 30dB
! 10·" 20dB Weakest audible at !0kHz
10·" l0dB
10-1• 0 dB Weakest audible at 3 kHz
10·11 -lOdB
10·11 -20dB
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While human hearing can determine the direction a sound is from, it does poorly in
identifying the distance to the sound source.
This is because there are few clues available in a sound wave that can provide this
information.
Human hearing weakly perceives that high frequency sounds are nearby, while low
frequency sounds are distant.
This is because sound waves dissipate their higher frequencies as they propagate long
distances.
Echo content is another weak clue to distance, providing a perception of the room size.
For example, sounds in a large auditorium will contain echoes at about 100 millisecond
intervals, while 10 milliseconds is typical for a small office. Some species have solved this
ranging problem by using active sonar.
For example, bats and dolphins produce clicks and squeaks that reflect from nearby objects.
By measuring the interval between transmission and echo, these animals can locate objects
with about 1 cm resolution.
Experiments have shown that some humans, particularly the blind, can also use active echo
localization to a small extent.
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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.
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.
topographically modified atmosphere
refraction
due to gradients of IAAnd
and temperature reflection
at ground, buildings, forests, etc ~"' ~~~ AP V
,JP,<9 o0-d"ffi t· ,~" ic-~ 1 rac 10n ~ "<> at obstacles (buildings,
screens, hills ... )
obstacles (buildin s, screens, etc)
scattering
due to atmospheric turbulence
terrain features
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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.
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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
temperatare
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momentum Ill n mass SOU"ldfleld 0 C
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\\\\\ Addltlonalsound 1/;;1 \\\ path as a result of 111 '-'-\ refraction. I// ,,,, ///
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D ~d post
~
Suwosa you bought a )
concert ticket without
looking at 111a seating chart an
wound ~ sitting behind a large post.
You would be able to hear the conce
quite well because the wavelengths of
sound are long enough to bend around
the post.
If yoo were outside an
open dOO<. you oou d sUII
hear because Ille sound
would spread ou1 from
lhe small opening
as If il were c1.
localized sou'lle
of sound.
Oittracti1'
pastynan
opening.
It you were several waveieng:hs
/
at sound past the post, you would
not be able to detect the presence
at the post from the nature of the
sound.
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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:
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.
+20
+10
0
-30
-40
-50
10 100 1000
1 rot defined)\,
I\
·,
10k 100k
A-weighting (blue), B (yellow), C (red), and 0 -weighting (blk)
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Sound pressure level meters (SPL meters) therefore incorporate weighting filters, which
reduce the contribution of low and high frequencies to produce a reading that corresponds
approximately to what we hear.
The curves were originally defined for use at different average sound levels, but A-
weighting, though originally intended only for the measurement of low-level sounds
(around 40 phon), is now commonly used for the measurement of environmental noise and
industrial noise, as well as when assessing potential hearing damage and other noise health
effects at all sound levels; indeed, the use of A-frequency-weighting is now mandated for
all these measurements, although it is badly suited for these purposes, being only applicable
to low levels so that it tends to devalue the effects of low frequency noise in particular.
A-weighting is also used when measuring noise in audio equipment, especially in the
U.S.A.
In Britain, Europe and many other parts of the world, Broadcasters and Audio Engineers
more often use the ITU-R 468 noise weighting, which was developed in the 1960s based on
research by the BBC and other organizations.
This research showed that our ears respond differently to random noise, and the equal-
loudness curves on which the A, B and C weightings were based are really only valid for
pure single tones.
History of A-weighting
A-weighting began with work by Fletcher and Munson which resulted in their publication,
in 1933, of a set of equal-loudness contours. Three years later these curves were used in the
first American standard for sound level meters.
B-, C-, D- and Z-weightings
A-frequency-weighting is mandated to be fitted to all sound level meters. The old B- and
D-frequency-weightings have fallen into disuse, but many sound level meters provide for C
frequency-weighting and its fitting is mandated — at least for testing purposes — to
precision (Class one) sound level meters. Z- or ZERO frequency-weighting was introduced
in the International Standard IEC 61672 in 2003 and was intended to replace the "Flat" or
"Linear" frequency weighting often fitted by manufacturers.
This change was needed as each sound level meter manufacturer could choose their own
low and high frequency cut-offs (– 3dB) points, resulting in different readings, especially
when peak sound level was being measured.
As well, the C-frequency-weighting, with –3dB points at 31.5Hz and 8kHz did not have a
sufficient bandpass to allow the sensibly correct measurement of true peak noise (Lpk)
A-weighting is only really valid for relatively quiet sounds and for pure tones as it is based
on the 40-phon Fletcher-Munson curves which represented an early determination of the
equal-loudness contour for human hearing.
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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 Hotel 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 Hotel 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 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...
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Below is another reminder to illustrate various sound and the associated approximate levels:
Loudest Calculated Sou~ 194dB (Nuclear Bomb)
Loudest Sound Recored = 180db (Volcano of Krakatoua in 1883) = Destruction of Hearing Tissue
Rifle Being Fired at:E:J
Threshold oflE1J
Pneumatic R1verter/Ham5I
Chainsaw/Warning Siren -Sand Bia~
Power Saw/Angle Gri~
Power Tools/D~
Lawnmower/Motorcycle/Tr3
City Street No,se With T raffle
lns,de Car at 60mph
Busy Traffic atlOm
Vacuum Cleaner
Office Environment/Background Noise
Moderate Rainfall
Desktop Computer
Idle 1V Studio -
Human Hearing~
Industry/Workplace
Fireworks (lm)
=Mus,cPeak
j (!5hold of Pain
' =•d Heavy Metal/Night Club
Rock Concert
I!!;!! Symphony Orchestra
~Drums
E 1.arge Wind Instrument
~al Piano
Solo/Small Wind Instrument
Food Processor
(Hearing Protection Must be Worn)
Hair Dryer
(Hearing Protection Advised} -Backgr~nd Music
ffird Calls
~ary
Refrigerator
-----Idle Music Studio
~aring Threshold
Music/Lifestyle
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I want to discuss the specifics of the Lido House Hotel project:
Earlier, we discussed sound propagation, refraction, diffraction, etc., as a means of discussing
the challenges and potential solutions for Lido House Hotel related noise.
The Lido House Hotel area presents noise mitigation and monitoring challenges, for several
reasons:
Many types of terrain are present with a mix of commercial and residential property.
The terrain is fairly flat, allowing for sound propagation to distant areas, with no hills or other
such earth barriers to block the sound.
The large number of nearby buildings of varying height can serve to block some sound, but,
more significantly, can serve to reflect Lido sound into other areas.
One adjacent residential property area is located near the water. A water-based environment
presents significantly more challenges that a more normal, non-water-based housing area.
Let’s discuss:
The water has a significant effect on sound propagation.
Refraction of Sound:
If the air above the earth is
warmer than that at the surface,
sound will be bent back
downward toward the surface by
refraction.
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.
Source
\ Cool air,
slower so
speed
I
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This is precisely one of the challenges with the Lido House Hotel, affecting areas shown below
(and beyond- the red line indicates an approximate distance of 300 feet- the line, in this case,
starts at the location of Lido movies):
Due to the effects of refraction, the housing community shown above, at night, experiences
some direct energy from the sound, as well as some refracted energy, as discussed above, due to
the water.
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 housing 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.
Lido House
Hotel
-~~~mO~,~~------
T \ J .
■ source
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Ideally, at least in the beginning, we would recommend that SMF be employed to monitor and
mitigate a mix of several events, in order to see if the local area seems to be relatively stable (in
terms of noise on different nights, with different local ambient noise and different weather
patterns and times).
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 Lido property to a given area in the
community, for example, we can calculate what the maximum levels should be at the Lido site,
based on legal levels established for the housing areas.
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Here is an overview of the area under discussion, looking specifically at the nearby housing area
on the water, near the Hotel, as a simplistic example (note that the findings herein and this
discussion also apply to this housing area, and all other housing areas):
The approximate distance from the Hotel to the end of the red line is 300 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
(measured at the loudspeaker), at 300 feet from the source the level should be approximately
54.46 dBA. This is the allowed max level at residential areas in Newport Beach (55 dBA)
(mixed use areas are 60 dBA) in any fifteen-minute period (simplistic).
This is a direct line of sight- simplistic- calculation, but serves to illustrate the point that, at 300
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.
Homes close
to Hotel,
near water
Hotel
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25 Sound Media Fusion, LLC. 1/24/2020
It also does not account for hearing sensitivity VS frequency. We will discuss this further
herein, at a later section.
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 band, in order for them to hear
each other. More challenging to control.
3) Backline equipment (drums, guitar amplifiers, etc.). Very challenging to control, especially
something acoustic such as the drums.
Here are the locations of possible outdoor sound at the Lido House Hotel, for various functions:
A: MOVIES,
SOMETIMES A
LIVE BAND
B: DJ
C: LIVE BAND
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Direction of sound (based on use of 90 degree horizontal speakers- note that sound does not
follow the 90 degree inclusive angle of speaker coverage- low frequencies are omni-directional,
while higher frequencies are more closely confined to the 90 degree example herein- this holds
true for all examples below), based on audience areas.
This is for movies and events such as local festivaL, resteraunt cook-off and food trucks/festival:
A: MOVIES,
SOMETIMES A
LIVE BAND
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DJ:
B: DJ
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Band/Live music:
C: LIVE BAND
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29 Sound Media Fusion, LLC. 1/24/2020
Potentially the most difficult area to control is that designated earlier as area ‘A’:
Due to the close proximity to homes and businesses, and the lack of buildings adjacent to it on
the Lido House property (which would help to contain the sound).
Our recommendations for sound systems used in this location:
1) Ideally, this area would contain a small truss assembly (or, a safe, tall stand with a yoke
mounted to the speaker for focusing down), so that the speakers could be hung off the
ground and face down into the audience areas (directs sound into audience and helps to
control off-property sound):
A: MOVIES,
SOMETIMES A
LIVE BAND
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2) If this is not possible, small speakers mounted on tripod stands can be used, however,
due to these speakers facing more into housing areas, sound levels will be required to be
lower.
3) Speakers such as the QSC KW122 could be used.
4) No subwoofers are to be used.
5) Operator should make sure only minimal amplification is used.
6) When a live band performs, side walls and a rear wall should be used, if possible, and the
walls should consist of acoustic blankets- meeting at least this specification:
StratiQuilt® Double Faced Barrier Blanket (SQ124)
This will help to absorb side and rear energy, as well as help to absorb acoustic
noise on stage. The barrier should be as wide as the state at the rear and 8’ tall.
Sides should be approximately 45 degrees and immediately adjacent to the rear
wall, and cover the depth of the stage (also 8’ tall).
Here is the idea (ignore the dimensions):
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The area designated earlier as area ‘B’ (shown above) is a DJ and is on the hotel roof. This area
is open due to height and careful sound levels must be carefully controlled.
The system can consist of small DJ type speakers on tripod stands (and again, no subwoofers are
to be used) and volume must be kept low.
B: DJ
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The area designated earlier as ‘C’ is somewhat controlled, in that the sound is largely within an
interior outdoor space on the Hotel property and does have (albeit somewhat low) building walls
nearby on the property- which will help to contain the sound.
Requirements are largely the same as area A:
Our recommendations for sound systems used in this location:
1) Ideally, this area would contain a small truss assembly (or, a safe, tall stand with a yoke
mounted to the speaker for focusing down), so that the speakers could be hung off the
ground and face down into the audience areas (directs sound into audience and helps to
control off-property sound):
C: LIVE BAND
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34 Sound Media Fusion, LLC. 1/24/2020
2) If this is not possible, small speakers mounted on tripod stands can be used, however,
due to these speakers facing more into housing areas, sound levels will be required to be
lower.
3) Speakers such as the QSC KW122 could be used.
4) No subwoofers are to be used.
5) Operator should make sure only minimal amplification is used.
6) When a live band performs, side walls and a rear wall MUST be used and the walls
should consist of acoustic blankets- meeting at least this specification:
StratiQuilt® Double Faced Barrier Blanket (SQ124)
This will help to absorb side and rear energy, as well as help to absorb acoustic
noise on stage. The barrier should be as wide as the state at the rear and 8’ tall.
Sides should be approximately 45 degrees and immediately adjacent to the rear
wall, and cover the depth of the stage (also 8’ tall).
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35 Sound Media Fusion, LLC. 1/24/2020
Here is the idea (ignore the dimensions):
In all cases, the systems should be pre-approved by SMF and visiting bands and DJ’s are to be
required to use the Hotel rented or owned systems as approved by SMF.
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What follows are the acoustic simulations, showing approximate community noise levels in
dBA.
We have assumed for the simulations at a level of 95 dBA (the total energy of sound in a given
location) and with very little energy below 125 Hz.
Here is the baseline to show the locations, for reference:
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The numbers represent dBA sound levels within a grid area.
Here is the first simulation (refer to the reference image on page 36). This is the area of the
movies and possible bands (referred to as area ‘A’ earlier):
This indicates that, with the speakers combined level at 95 dBA (plus band related noise and
monitors- all noise in a given area), we can achieve compliance of 55 dBA in most housing
areas, and better than allowed levels in mixed and commercial areas. NOTE: some areas on the
simulation show levels above 55 dBA- and, remember: these are computer simulations, actual
levels will vary based on ambient noise and other factors. IF levels from Lido House sound is
above the limits (55 dBA plus ambient- Lido House will be required to reduce levels by an
appropriate amount- the simulations are a starting guideline only- these simulations don’t take
into account traffic noise and other such ‘masking’ noise which will make any Lido House noise
less apparent, depending on all combined noise sources).
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38 Sound Media Fusion, LLC. 1/24/2020
Here is the second simulation (refer to the reference image on page 36). This is the area of the
bands (referred to as area ‘B’ earlier):
This indicates that, with the speakers combined level at 95 dBA (plus band related noise and
monitors- all noise in a given area), we can achieve compliance of 55 dBA in most housing
areas, and better than allowed levels in mixed and commercial areas.
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PA2021-125
39 Sound Media Fusion, LLC. 1/24/2020
The third simulation (refer to the reference image on page 36). This is the area of the DJ
(referred to as area ‘C’ earlier):
This indicates that, with the speakers combined level at 95 dBA, we can achieve compliance of
55 dBA in the housing areas, and better than allowed levels in mixed and commercial areas.
Note: Simulation are just that- simulated levels based on distance and barrier calculations.
In order to verify the simulations and see what the actual measurements are, we need to
monitor noise for several events, and, then, arrive at actual venue operating levels.
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PA2021-125
40 Sound Media Fusion, LLC. 1/24/2020
Noise Mitigation and Monitoring Plan
The City's noise ordinance standards (Chapter 10.26) (see appendix A, attached at the end of
this document) state that the allowable exterior noise level experienced in a residential area
as a result of activities at the Lido House Hotel sha1l not exceed 55 dB(A) for any 15-minute
period during the daytime hours of 7:00 a.m. to 10:00 p.m. During the nighttime hours of
10:00 p.m. to 7:00 a.m. the standard is 50 dB(A). The maximum instantaneous noise level
that is permitted is 75 dB(A) during the daytime or 70 dB(A) during the nighttime. If the
ambient noise level exceeds these standards, then the ambient shall be the standard.
This standard will be modified herein, based on our testing, to improve community noise
mitigation.
Herein, the words 'entertainment' and 'event' are used interchangeably, and it is assumed
herein that the discussion/requirements apply to amplified sound, although at times, non-
amplified acoustic sound needs to be considered as well.
The Lido House Hotel should employ a sound monitor person via Sound Media Fusion, LLC.
(SMF) for the first few events and either SMF or an SMF trained Lido House employee (with
professional sound monitoring equipment) at random events at a later time to help ensure
compliance. Compliance monitoring is complex and best done by a professional, with a Hotel
employee serving to augment. SMF could visit the property as required to ensure on-going
compliance.
All Lido House Hotel events will utilize sound equipment as specified by SMF. All sound
equipment used will be supplied by the approved Hotel sound vendor. No outside sound
equipment is permitted (the only sound equipment allowed will be that supplied for the event by
the Hotel sound vendor), including stage monitors.
The Hotel sound vendor will supply a system engineer, solely responsive to the Hotel 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 Hotel is in a highly noise
sensitive area, and noise control is of paramount importance.
Allowable venue sound levels are based on the following:
1) At all times reasonably audible noise and measured levels- in the residential areas- take
precedence over levels in the venue, as determined solely by the Hotel sound monitor.
Levels shall be no higher than allowed, in a given location, by the City noise ordinance.
2) As a reference, recommended, allowable levels in the venue, measured at a distance of 5 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 96 dB, Z
weighted.
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41 Sound Media Fusion, LLC. 1/24/2020
3) Levels are inclusive of the audience sound system, stage monitors and band equipment.
Visiting sound engineers, representing the entertainment or event, don't have ultimate level
control.
The following shall apply at all times:
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 ensure that reasonable stage monitor levels will be
used.
Sound system vendor is to supply an SPL meter of a type specified by SMF, to be
located at the house mix position, in the audience area, and system engineer will
ensure compliance at all times, with ultimate authority resting with the Hotel 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 Hotel sound monitor.
Entertainment providing its own sound engineer will work in close coordination
with the Hotel sound vendor engineer in order to ensure compliance. Levels will
be set by the Hotel sound monitor, and controlled by the Hotel system engineer-
NOT the entertainment engineer.
Sound checks/rehearsals will be as short as possible.
END
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APPENDIX A
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43 Sound Media Fusion, LLC. 1/24/2020
Chapter 10.26
COMMUNITY NOISE CONTROL
Sections:
10.26.005 Declaration of Policy.
10.26.010 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.
B. 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)
10.26.10 Definitions.
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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.
“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 DBA.
“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
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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.
“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
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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 Institute’s
Standard S1.4-1971 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:
The actual use of the property shall be the determining factor in establishing whether a property is in
Noise Zone I, II, III 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.
A. The following noise standards, unless otherwise specifically indicated, shall apply to all property with a
designated noise zone:
— Noise Zone IV
—
properties;
Noise Zone III
— Noise Zone II
—
residential properties;
Noise Zone I All single-, two-and multiple-family
All commercial properties;
The residential portion of mixed-use
All manufacturing or industrial properties.
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ALLOWABLE EXTERIOR NOISE LEVEL (Equivalent Noise
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NOISE TYPE OF Level , Leq)
ZONE LAND USE 7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
I Single-, two- or
multiple-
family
residential
55 DBA 50 DBA
II Commercial 65 DBA 60 DBA
III Residential
portions of
mixed-use
properties
60 DBA 50 DBA
IV Industrial or
manufacturing
70 DBA 70 DBA
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) DBA 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.
D. The Noise Zone III 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:
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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) DBA 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 III 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
ALLOWABLE INTERIOR NOISE LEVEL (Equivalent Noise Level,
NOISE
ZONE
TYPE OF
LAND USE
Leq)
7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
I 45 DBA 40 DBA
II
45 DBA 40 DBA
Residential
Residential
portions of
mixed-use
properties
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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
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
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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(B)
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)
DBA 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.
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
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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
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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.
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
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(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.
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)
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