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HomeMy WebLinkAbout2.0 - Newport Dunes Resort Special Events - PA2015-084 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT February 3, 2016 Meeting Agenda Item 2 SUBJECT: Newport Dunes Resort Events (PA2014-170) Conditional Use Permit No. UP2015-021 APPLICANT: Newport Dunes Resort and Marina OWNER: Newport Dunes Resort and Marina PLANNER: Patrick Alford, Planning Manager (949) 644-3235, palford@newportbeachca.gov PROJECT SUMMARY A conditional use permit application to allow a maximum of 500 Level 1 (less than 1 ,000 attendees) special events annually on the subject property without a special event permit: a maximum of thirty (30) Level 1 special events per month during the months of January through April and November and a maximum of fifty (50) Level 1 special events per month during the months of May through October and December. In addition, a maximum of 14 Level 2 (1 ,000 to 5,000 attendees) and/or Level 3 (more than 5,000 attendees) special events would be permitted annually with a special event permit. The application also includes a noise level monitoring and mitigation program. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. approving Conditional Use Permit No. UP2015-021 (Attachment No. PC 1). 1 V� QP �P Newport Dunes Resort Events February 3, 2016 Page 2 VICINITY MAP ` 1 .1 ........... ,• i ♦ 1 r-� Y1 ` PROJECT SITE 1 1 r r - .j a, ;/NEWPORT P/ i DUNES' ; J / GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE PR (Parks and PC-48 (Planned ON-SITE Recreation) Community) Aquatic park NORTH RS-D (Single-Unit R-1 6000 (Single-Unit Single-unit dwellings Residential Detached) Residential) SOUTH OS (Open Space) PC-39 (Planned Park Community) EAST RM (Multiple Residential) PC-1 (Planned Mobile home park Community) WEST CV (Visitor-Serving CV (Visitor-Serving Hotel Commercial) Commercial) 3 Newport Dunes Resort Events February 3, 2016 Page 3 INTRODUCTION Project Setting The Newport Dunes Resort and Marina is located on approximately 100 acres of State tidelands property on the Upper Newport Bay held in trust by the County of Orange and leased to the applicant. The site is an aquatic park intended for recreational and visitor- serving uses. The site is currently developed with a 406-space recreational vehicle park, a 450-slip marina, a restaurant; dry boat storage, boat launching facilities, surface parking, and beach day use facilities (see Attachment No. PC 2). Project Description The proposed conditional use permit (CUP) application would allow up to 500 Level 1 (see Table 1 below) special events without a special event permit, and up to 14 Level 2 and/or Level 3 special events annually and to establish a noise level monitoring and mitigation program. The applicant originally requested an unlimited number of Level 1 events, but after discussions with city staff, the applicant has agreed to limit it to 500. Background Settlement Agreement In 1983, the City, the County of Orange, and Newport Dunes, Inc. (predecessor to Waterfront Resort Properties, L.P. and Newport Dunes Marina L.L.C.) signed a settlement agreement to resolve jurisdictional and entitlement disputes relating to the development of the Newport Dunes Resort. The Settlement Agreement (last amended in 2012) establishes land use and development entitlements at the Newport Dunes Resort. The Settlement Agreement provides for a 14,000-square-foot temporary enclosure in the in boat trailer parking area (identified as "Bayside Pavilion" in Attachment No. PC 2). This temporary enclosure is permitted to remain in place for up to 180 days during any 12-month period. Special Events Events, such as concerts, sporting events, festivals and fairs, vehicle and boat shows, firework displays and other outdoor events require a special event permit approved by the Recreation and Senior Services Director. In 2015, the Recreation and Senior Services Department processed 436 special event permit applications citywide. Special event permit procedures are contained in Chapter 11.03 of the Newport Beach Municipal Code (NBMC) (Attachment No. PC 3). 4 Newport Dunes Resort Events February 3, 2016 Page 4 The Recreation and Senior Services Department classifies an event as Level 1, 2, or 3, depending on its duration and attendance size and whether or not it involves road closures or City services: TABLE 1 Special Event Classifications Event involves any of these Level 1 Level 2 Level 3 characteristics Duration Das 1 1-4 4+ Attendance <1000 1000-5000 5000+ Road/Travel Lane Closures No Yes Yes Occurs in Public Right-of-Way --- Yes --- Requires Traffic Control No --- Yes Police or Code Enforcement Required No Limited Yes Requires Noise Monitoring No No Yes 1. Duration includes setup and breakdown time. 2. Attendance is the estimated total number of attendees over the course of the event. The Planning Commission has found that special events can be considered an accessory use (i.e., a use that is clearly incidental and secondary to, a principal use). In 2002, the Planning Commission found that the Summer Jazz Series at the Hyatt Regency was "ancillary" to the normal operations of the existing resort hotel facility and approved a conditional use permit allowing the concert series with restrictions. The conditional use permit exempts the Summer Jazz Series from the special event permit required under NBMC Subsection 11.03.020.0 (Exempt Activities). DISCUSSION Analysis Current Events Activities In 2015, the City received 155 permit applications' for special events at the Newport Dunes Resort. Most of these events are conducted in the outdoor pavilions and cabanas that ring the Swimming Lagoon or inside the meeting rooms at the Village Center. Approximately ten events were conducted in the Bayside Pavilion tent. The peak months for events were May through September. The majority of events had 200 attendees or less. Approximately 11 percent had more than 500 attendees. There were only three events that had more than 1,000 attendees: Includes three (3) multiple-day events. Newport Dunes Resort Events February 3, 2016 Page 5 TABLE 2 2015 NDR Events With Estimated Attendance Greater Than 1000 Date Event Name Est. Attendees 06/20/15 O.C. Weekly Summerfest 1,500 07/04/15 Fourth of July Fireworks Display 5,000 12/23/15 Beach Cities Church 3,000 Over two-thirds of the events occurred on Fridays and Saturdays. Approximately 60 percent of events had end times before 9:00 p.m. Only two events had end times after 10:00 p.m., the Marine Corps. Ball at 11:30 p.m. (11/10/15) and the New Year's Eve event at 1:15 a.m. (12/31/15). Charts detailing 2014 and 2015 event data are provided in Attachment PC-4. Proposed Event Activities If approved, the CUP would allow up to 500 Level 1 events each year. Up to 30 Level 1 events would be allowed per month during the months of January through April and November and up to 50 Level 1 events would be allowed per month during the months of May through October and December. In addition, up to 14 Level 2 or Level 3 events would be allowed each year with the approval of special event permits. Although the number of yearly and monthly events proposed is significantly higher than the current levels, it should be noted that neither the NBMC Chapter 11.03 (Special Events) nor the Settlement Agreement set a limit on the number of special events. Furthermore, NBMC Section 11.03.040.6 allows an applicant to apply for up to 20 special events under a single bundled special event permit and there is no limit as to the number of bundled special event permits a venue can apply for in a given year. The CUP would also place certain restrictions on the events that are not required by City regulations, or have been imposed through the special event permit application. Amplified Sound/Event Curfew. The use of amplified sound would be restricted to the hours of the "sound curfew" that the applicant has voluntarily abided by since May 2015. The use of amplified sound would not begin before 7:00 a.m. on weekdays and Saturdays and 8:00 a.m. on Sundays and federal holidays. The use of amplified sound and events would have the following schedule: Newport Dunes Resort Events February 3, 2016 Page 6 TABLE 3 Proposed NDR Event Time Restrictions Latest Latest Amplified Dates Sound Event End End Time Time Sunday through Thursday, except on NMUSD holidays and 9:00 P.M. during NMUSD recesses Weekdays and Weekends on NMUSD holidays and during 10:00 P.M. NMUSD recesses Independence Da Jul 4 10:30 p.m. I 11:00 P.M. Marine Cors Birthday November 10 11:15 p.m. 11:30 p.m. 12:30 a.m. 1:15 a.m. New Year's Eve (December 31) on New on New Year's Day Year's Da 1. The event end time shall mean the time when the event activities have ceased and all attendees have exited the site. The event end time does not include post- event clean-up and breakdown. Newport Mesa Unified School District (NMUSD) holidays and recesses would be determined by the current official calendar approved by the NMUSD Board of Education. Professional Sound Monitoring and Reporting. The applicant would be required to reimburse the City for costs and expenses associated with providing a professional sound monitor on site for Level 2 and Level 3 events. Sound Level Monitoring and Mitigation. The use of amplified sound would be required to comply with the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol (see Attachment No. PC-5) to insure that sound generated by the project site does not exceed the noise standards of NBMC Chapter 10.26 (Community Noise Control). Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol The City retained Sound Media Fusion to study and develop a sound monitoring and mitigation program for the Newport Dunes Resort. The goal is develop a program of physical sound attenuation structures and operational protocols that would be employed during events to ensure that noise levels in the surrounding areas comply with City standards. The key components of the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol (Attachment No. PC-5) include: 1) Erect sound attenuation walls, consisting of special acoustic plastic and heavy velour theatrical curtains, adjacent to the Bayside Pavilion, and other event locations, during events. 2) Require a qualified, City-contracted sound monitor at all Level 2 and 3. Newport Dunes Resort Events February 3, 2016 Page 7 3) Require a qualified, Newport Dunes Resort sound monitor at all Level 1 events. 4) Require a City-contracted sound monitor to approve all sound equipment as acoustically suitable for the Newport Dunes Resort sound environment prior to booking entertainment or an event. 5) Require all sound equipment to be supplied by the Newport Dunes Resort sound vendor and prohibiting outside sound equipment. 6) Provide a Newport Dunes Resort system engineer to monitor events and be responsible for level control, independent from the entertainment's engineer(s). The Newport Dunes Resort engineer will also serve as the receiving point for sound complaints. 7) Establish maximum venue sound levels, consistent with the Newport Beach Municipal Code. Required Findings Pursuant to Section 20.52.020.E (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings in order to approve a conditional use permit: 1. The use is consistent with the General Plan and any applicable Specific Plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The PR (Parks and Recreation) designation applies to land used or proposed for active public or private recreational use. The project site is an aquatic park and serves as a venue for festivals, concerts, weddings, parties, and other public and private events. 2 Newport Dunes Resort Events February 3, 2016 Page 8 The use of park and recreational facilities for occasional use as venue is consistent with the PR designation. The PC Zoning District is intended to provide for areas appropriate for the development of coordinated, comprehensive projects that result in a superior environment; to allow diversification of land uses as they relate to each other in a physical and environmental arrangement while maintaining the spirit and intent of the Zoning Code. The project site has been used as a venue for public and private gatherings with the approval of special event permits prior to the establishment of the PC Zoning District on the project site in 1996. The project site does not have an approved development plan. Section 20.56.030 (PC District—Land Use Regulations) of the Zoning Code allows uses existing at the time of the established of the PC District to continue as nonconforming uses, in compliance with Chapter 20.38 (Nonconforming Uses and Structures). Subsection 20.38.050.A of the Zoning Code allows nonconforming uses to be expanded or intensified subject to the approval of a conditional use permit. Special events conducted on the project site are an accessory use to the principal use of the project site, an aquatic park. The project includes conditions of approval to ensure that special events continue to be incidental and secondary to the aquatic park. The project site is a 100-acre aquatic park with facilities for public and private gatherings including, meeting rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms. It contains over 800 parking spaces in the Day Use Parking Lot and 654 parking spaces in the Marina/Overflow Parking Lot, which has been sufficient to accommodate the largest events. Adequate vehicle access is provided from Back Bay Drive via a four lane access drive. The project is conditioned to implement the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol, which establishes noise control protocols for all events that involve the use of amplified sound, including from portable sound amplification or music producing devices, to insure that noise generated by events do not exceed the City noise standards. Adequate public and emergency vehicle access, public services, and utilities are provided to the project site. The Public Works Department, Building Division, and Fire Department have reviewed the project and provided conditions of approval so as to maintain adequate access, public services, and utilities to the existing development. Level 1 events are routine, one-day events that do not require the presence of City personnel or traffic control plans, which, under the terms of this permit, will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. Level 2 and 3 events will continue to be required to apply for a special event permits pursuant to NBMC Chapter 11.03 (Special Events) of the Newport Beach Municipal Code. Such applications will be reviewed by the Recreation and Senior Services Department and other City departments to determine reasonable terms and requirements necessary for the protection of persons and property. 9 Newport Dunes Resort Events February 3, 2016 Page 9 Alternatives Staff believes that the findings for approval can be made for the proposed addition and the facts in support of the required findings are presented in the draft resolution (Attachment No. PC 1). The following alternatives are available to the Planning Commission: 1. The Planning Commission may suggest specific changes that are necessary to alleviate any concerns. If any additional requested changes are substantial, the item could be continued to a future meeting. Should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and/or conditions. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission may deny the application and provide facts in support of denial to be included in the attached draft resolution for denial (Attachment No. PC 6). Environmental Review The project is categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15323, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 23 (Normal Operations of Facilities for Public Gatherings). The Class 23 exemption consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. The project site is an aquatic park with facilities for public gatherings including, meeting rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms. The project site has a past history as a venue for public gatherings, including festivals, concerts, weddings, parties, and other public and private events. Over the past four years, the project site has been a venue for 94 to 158 events annually and there is a reasonable expectation that, under the terms of the conditional use permit, the future occurrence of these events would not represent a change in the operation of the facility. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal 10 Newport Dunes Resort Events February 3, 2016 Page 10 Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: Patrick J. Alford, Planning Program Manager *aWisnesl(i, ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution PC 2 Newport Dunes Resort Site Plan PC 3 NBMC Chapter 11.03 PC 4 2014 and 2015 NDR Events PC 5 Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol PC 6 Draft Resolution for Denial 11 V� QP �P 2� Attachment No. PC 1 Draft Resolution 13 V� QP �P 2� RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-021 TO ALLOW A SPECIFIED NUMBER OF SPECIAL EVENTS AT THE NEWPORT DUNES RESORT AND MARINA (PA2015-084) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Dunes Resort and Marina, with respect to property located at 1131 Back Bay Drive and 101 Bayside Drive, and legally described as Record of Survey RS 095 requesting approval of a conditional use permit to allow a specified number of_special events at the subject property. 2. The applicant proposes to conduct up to fourteen (14) Level 2 and 3 events and 500 Level 1 events each year. 3. The subject property is located within the Newport Dunes Planned Community (PC 48) Zoning District and the General Plan Land Use Element category is Park and Recreation (PR). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Park and Recreation (PR). 5. A public hearing was held on February 3, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1 . This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15323, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 23 (Normal Operations of Facilities for Public Gatherings). 2. The Class 23 exemption consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. Facilities included within this exemption include, but are not limited to, racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and amusement parks. 15 Planning Commission Resolution No. #### Page 2 of 11 3. The project site is an aquatic park with facilities for public gatherings including, meeting rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms. The project site has historically been utilized as a venue for public gatherings, including festivals, concerts, weddings, parties, and other public and private events. Over the past four (4) years, the project site has been a venue for ninety-four (94) to one hundred and fifty-eight (158) events annually and there is a reasonable expectation that, under the terms of the conditional use permit, the future occurrence of these events would not represent a change in the operation of the facility. 4. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: Al. The PR (Parks and Recreation) designation applies to land used or proposed for active public or private recreational use. The project site is an aquatic park and serves as a venue for festivals, concerts, weddings, parties, and other public and private events. The use of park and recreational facilities for occasional use as venue is consistent with the PR designation. A2. The project site is not located within a Specific Plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding: B1. The PC Zoning District is intended to provide for areas appropriate for the development of coordinated, comprehensive projects that result in a superior environment; to allow diversification of land uses as they relate to each other in a 03-03-2015 10 Planning Commission Resolution No. #### Page 3 of 11 physical and environmental arrangement while maintaining the spirit and intent of the Zoning Code. B2. The project site has been used as a venue for public and private gatherings with the approval of special event permits prior to the establishment of the PC Zoning District on the project site in 1996. B3. The project site does not have an approved development plan. Section 20.56.030 (PC District—Land Use Regulations) of the Zoning Code allows uses existing at the time of the established of the PC District to continue as nonconforming uses, in compliance with Chapter 20.38 (Nonconforming Uses and Structures). Section 20.38.050 of the Zoning Code allows nonconforming uses to be expanded or intensified subject to the approval of a conditional use permit. B4. The project includes conditions of approval to ensure that special events continue to be incidental and secondary to the principal use of an aquatic park. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: X � C1. The project site is a 100-acre aquatic park with facilities for public and private gatherings including, meeting rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms. C2. The project site contains over 800 parking spaces in the Day Use Parking Lot and 654 parking spaces in the Marina/Overflow Parking Lot, which has been sufficient to accommodate the largest events. C3. The provide site maintains adequate access from Back Bay Drive via a four (4) lane access drive. C4. The project is conditioned to implement the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol, which establishes noise control protocols for all events that involve the use of amplified sound, including from portable sound amplification or music producing devices, to ensure that noise generated by events do not exceed the City noise standards. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 03-03-2015 27 Planning Commission Resolution No. #### Page 4 of 11 Facts in Support of Finding: D1. The project site is an aquatic park with facilities for public gatherings including, meeting rooms, pavilions, cabanas, tables and benches, picnic areas, and restrooms. The project site has a past history as a venue for public gatherings, including festivals, concerts, weddings, parties, and other public and private events. D2. Adequate public and emergency vehicle access, public services, and utilities are provided to the project site. D3. The Public Works Department, Building Division, and Fire Department have reviewed the project and provided conditions of approval so as to maintain adequate access, public services, and utilities to the existing development. E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E1. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. E2. Level 1 events are routine, one-day events that do not require the presence of City personnel or traffic control plans, which, under the terms of this permit, will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. E3. Level 2 and 3 events will continue to be required to apply for a special event permits pursuant to Chapter 11.03 (Special Events) of the Newport Beach Municipal Code. Such applications will be reviewed the Recreation and Senior Services Department and other City departments to determine reasonable terms and requirements necessary for the protection of persons and property. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-021, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the Community 03-03-2015 12 Planning Commission Resolution No. #### Page 5 of 11 Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF FEBRUARY, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 03-03-2015 29 Planning Commission Resolution No. #### Page 6 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL 1. Expiration and Extension. Use Permit No. UP2015-021 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 2. Compliance with Conditions. All special events, as defined by Section 11.03.020 of the Newport Beach Municipal Code (NBMC), shall comply with the conditions of this permit. 3. Event Permit Level Defined. Level 1, 2, and 3 events shall be defined as follows: "Level 1 Event"shall mean any event: a. With a duration of one (1) day only; b. With an attendance of less than one thousand (1,000) persons; c. Involves no public road or travel lane closures or detours; d. Requires no traffic control, as determined by the City Traffic Engineer or the Police Department; and e. Does not require the presence of City personnel, as determined by the Code Enforcement Supervisor or the Police Department. "Level 2 Event"shall mean any event: a. With a duration of up to four (4) consecutive days, including setup and breakdown; or b. With a attendance of one thousand (1,000) to five thousand (5,000) persons over the course of the event; or c. Occurs in public right-of-way, except park under reservation; or d. Requires the limited presence of City personnel, as determined by the Recreation and Senior Services Director. "Level 3 Event"shall mean any event: a. With a duration of more than four (4) consecutive days, including setup and breakdown; or b. With an estimated attendance of more than five thousand (5,000) persons over the course of the event; or c. Involves public road or travel lane closures or detours; or 03-03-2015 20 Planning Commission Resolution No. #### Page 7 of 11 d. Requires traffic control, as determined by the City Traffic Engineer or the Police Department; or e. Requires the presence of City personnel, as determined by the Code Enforcement Supervisor or the Police Department; or f. Requires noise monitoring by the City, as determined by the Code Enforcement Supervisor. 4. Number of Level 1 Events Permitted. The applicant shall be permitted to conduct the following number of Level 1 events without obtaining a special event permit in accordance with Chapter 11.03 NBMC: a. A maximum of thirty (30) Level 1 events per month during the months of January through April and November, b. A maximum of fifty (50) Level 1 events per month during the months of May through October and December. 5. Number of Level 2 and 3 Events Permitted. The applicant shall be permitted to conduct a maximum of fourteen (14) Level 2 and/or Level 3 events each year with the approval of a special event permit in accordance with Chapter 11.03 NBMC. 6. Advance Notice of Level 1 Events. The applicant shall notify the Community Development Department of all Level 1 events authorized by Condition No. 4 of this permit a minimum of twenty-one (21) days prior to the event. 7. Monthly Event Monitoring Report. The applicant shall submit a monthly report of all Level 1, 2, and 3 events conducted on the project site to the Community Development Department to monitor the number of events and verify compliance with the conditions of this permit. The report shall be submitted on or before the 15th day of the following month in a form approved by the Community Development Department, which shall include the following information: a. The event title; b. A general description of the event, C. The general location of the event on the project site; d. The date, start time and duration of the event. e. The estimated daily attendance; and d. A description of any sound amplification equipment. 03-03-2015 21 Planning Commission Resolution No. #### Page 8 of 11 8. Hours of Operation. The use of amplified sound shall not begin before 7:00 a.m. on weekdays and Saturdays and 8:00 a.m. on Sundays and federal holidays. The use of amplified sound and events shall cease at the following times: Latest Latest Dates Amplified Event End Sound Time End Time Sunday through Thursday, except on NMUSD holidays and 9:00 P.M. during NMUSD recesses Weekdays and Weekends on NMUSD holidays and during 10:00 p.m. NMUSD recesses Independence Da Jul 4 10:30 p.m. 11:00 p.m. Marine Cors Birthday November 10 11:15 .m. 12:30 a.m. 1:15 a.m. New Year's Eve (December 31) on New on New Year's Day Year's Day Newport Mesa Unified School District (NMUSD) holidays and recesses shall be determined by the current official calendar approved by the NMUSD Board of Education. The event end time shall mean the time when the event activities have ceased and all attendees have exited the site. The event end time does not include post-event clean- up and breakdown. Any event involving the use of amplified sound outside of time limits prescribed above shall require a special event permit in accordance with Chapter 11.03 NBMC. 9. Sound Level Monitoring and Mitiqation. The use of amplified sound shall comply with the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol attached hereto as Exhibit `B" to ensure that sound generated by the project site does not exceed the noise standards of Chapter 10.26 NBMC. The Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol may be updated from time to time at the request of, and subject to the approval of, the Community Development Director. Any substantial changes to mitigation measures shall be reviewed and approved by the Planning Commission prior to implementation. 10. Professional Sound Monitoring and Reporting Services. The applicant shall enter into an agreement with City to reimburse the City for costs and expenses of providing professional sound monitoring and reporting services for Level 2 and Level 3 events and other events, as determined by the Community Development Director. The form of the agreement shall be determined by the City Attorney's office. 11. Compliance with Noise Control Requirements. All noise generated by events on the project site shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 03-03-2015 22 Planning Commission Resolution No. #### Page 9 of 11 12. Insurance. The applicant shall provide one million dollars ($1,000,000) general liability insurance naming the City of Newport Beach as additionally insured. 13. Licenses. The applicant shall complete the Special Events Temporary Business License Application and collect the apportioned business license from each vendor, exhibitor or other service provider and remit the payments to the City prior to the event date. 14. Permits and Inspections. a. The applicant shall obtain any applicable City permits and inspections for the installation of temporary structures, stands, platforms, stages and stage lighting rigs over thirty (30) inches in height from grade, all tents and temporary membrane structures having an area in excess of four hundred (400) square feet, and the use and storage of portable liquefied petroleum gas containers. b. The applicant shall provide plans, details and specifications with calculations, to the Building Division for plan review and approval, at least thirty (30) days prior to the event. Such plans shall be stamped and signed by a licensed engineer in the State of California. The following note shall be provided on the plans: "Engineer shall perform site observations during the construction and shall provide a letter to the City building inspector stating the temporary buildings, stands, platforms, stages and stage lighting rigs are installed per code and satisfactory to be used for their intended purpose." C. The applicant shall allow City officials access for inspections in order to determine compliance with City codes, any approved permit and/or any conditions of approval. d. The applicant shall comply with all lawful orders and requirements of the principal building inspector. 15. Outside Agencies. a. Any food service to comply with Orange County Health Department requirements. b. Any alcoholic beverage service shall comply with Alcoholic Beverage Control requirements. 16. Settlement Agreement. All events shall comply with the terms of the Newport Dunes Settlement Agreement, as amended. 03-03-2015 23 Planning Commission Resolution No. #### Page 10 of 11 17. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 18. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 19. This Conditional Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 20. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 21. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of Between the hours of 7:00a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 22. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 23. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Newport Dunes Resort Events including, but not limited to, the Conditional Use Permit No. 2015-021 This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of 03-03-2015 24 Planning Commission Resolution No. #### Page 11 of 11 action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 03-03-2015 �J� V� QP �P Attachment No. PC 2 Newport Dunes Resort Site Plan 2� V� QP �P �g DOCKSIDE ROOM B OAT J STORAGE CONEY f TO ECOLOGICAL 6LAND RESERVE ELI, Ll BACK IBA M 0—f MINA OFFICE . , I � HARBORSIDE BI TRO MARINACLU IOUSE ROOM R"• ASN A A R i _ BOATTRAILER 170 KIN SITES � � j = • p A BEACHFRONT CORNER Pull-in (25' x 50') EMTiR'AlMIR�'E `r •+ Qom''' {}(}0{3 BEACHFRONT CORNER Botk-in 25 x 5D � OAT L,4�,I�NCH L_ ( 1 'x BOAT ,� J � �__,� � = ENTRANCE r � BEACHFRONT 1 # # # pull-in (25' x 50'} �YSIDE � STORAGE �► I'AVILI�7►l� -' , f ! BEACHFRONT PAVILION f ! rims Bu¢k-in (251 x 501) 4 C I CORNER PARKING ® { ) 1 # # 1 Back-in 25' x 4U` I SELECT 1 + sr i r�' 0000 (25' x 40') / C1 / J SPREFERRED SO '� PAVILION � �3 C10 � � � LARGE cq7mE 1 - SL'J O !� 1 i 1 i (25' x 44') PAVILION C"" i I G�! SMALL x 25`) ' f fr '� SU 0000 (op xRSITE 45') fib• r p1 I I �s� . 5ti - Q , I i I 4 ` Bgachlront n ! 0000 COTTAGE I � 1 x_S ' PAVILION � ! I� LaIr�e ' ' MOVIES 4118 pl ON THE A I � {j(}0(]' GOTfAGE A 4115 a„ti BEACH 0000 �{�� Studio r 4114 k , I COTTAGE 172 A NMA ! I �,#��` Tent/RV 4rrp %#A" PIRATE PARK ! I � 1 25'x 30' r #dae BOAT - m , � MAW *Ye,RC�uN4 I; 4T04_ RNMTAL MY#'P�MIp � 0 � wr�N°a � � 4r#s p d aon arwfEW I '--� ROOM � � ! MAM ENTRANCE jw A SECURITY% � #22 NC,3 RESTROOM ._ • ? ` ' ;'' '' - In w:# Ca �� PAW He MAIN OFFICE 4 GE Co Dog Run -- �yf�,ld � w2 EINE POOL & SPA CLUBHOUSE LEGEND i '4* �� d' , y� ,, ` CONFERENCE ROOM #21 '' .-t .. _ q -": k "1r' _ -- - 6� RECREATION ROOM RESTAURANT 2 LAUNDRY ROOM RESTROf]MS NIWPO I DUNt SHOWERS lS Pti ! BIKE PATH • i r o A WATERFRONT RESORT $ MARINA _—_— _ FITNESS ROOMr] TRASH RECEPTACLES (949) 29 - 3863 #20 ® SPR IUMI PACIFIC COAST HIGHWAY 29 V� QP �P 30 Attachment No. PC 3 NBMC Chapter 11.03 31 V� QP �P Chapter 11.03 SPECIAL EVENTS Sections: 11.03.010 Purpose and Intent. 11.03.020 General Provisions. 11.03.030 Definitions. 11.03.040 Types of Special Event Permits. 11.03.050 Standards and Requirements. 11.03.060 Permit Review Procedures. 11.03.070 City Services Deposits and Damage Reimbursement for Certain Special Events. 11.03.080 Indemnification Agreement. 11.03.090 Revocation of Permit. 11.03.100 Appeals and Calls for Review. 11.03.110 Permits and Fees Not Exclusive. 11.03.120 Interference with Special Events. 11.03.010 Purpose and Intent. ................................................................................................................................................................................................................................................................................................ To provide regulations allowing for special events while mitigating impacts on residents, visitors and businesses, maintaining traffic circulation, and ensuring public safety. (Ord.2004-4§ 1 (part), 2004) 11.03.020 General Provisions. ................................................................................................................................................................................................................................................................................................ A. Permit Required. No person shall conduct, operate, maintain, or organize any special event regulated by this chapter and no person shall allow the use of their premises for such a special event without first obtaining a special event permit in accordance with this chapter and paying the required fee. B. Applicability. These regulations shall apply to the following special events: 1. Outdoor concerts and other entertainment, public or semi-public dance, recreation, or sporting events. 2. Circuses, carnivals, fairs and festivals. 3. Swap meets. 4. Walks, runs, athletic events, bicycle and vehicle races not exempted under subsection (C) of this section. 5. Organized/sponsored vehicle and boat shows. 6. Sales events outside the normal sales area of a business, such as sidewalk and parking lot sales and other special promotions. 7. Auto dealer sales events involving promotional attractions such as barbecues,tents, canopies, special signage, and similar facilities. 33 8. Fireworks displays. 9. Outdoor weddings and picnics with attendance of one hundred fifty(150)or more persons, within guidelines established by City Council Policy B-16. 10. Assemblies, conferences or meetings in a designated reserved area outdoors, with attendance of one hundred fifty (150)or more persons. 11. Street fair or craft show on a residential or commercial right-of-way which is likely to obstruct or delay or interfere with normal flow of pedestrian or vehicular traffic. 12. Other events with potential attendance of one hundred fifty(150)or more persons, as determined by the Director,which are not exempted per subsection (C)of this section. 13. Car washes whereby the public is encouraged/invited to attend. 14. Parades or motorcades. C. Exempt Activities. The following activities are exempt from the provisions of this chapter: 1. Normal promotional/sale activities conducted within the approved display area of a business establishment as provided for in Title 20. 2. Commercial filming regulated by Chapter 5.46. 3. Live entertainment at an established place of business, such as a restaurant or tavern, regulated by Title 20 and Chapter 10.26. 4. Temporary land uses regulated by Title 20 of this Code. 5. Yard, garage, or other personal property sales in residential districts regulated by Title 20 of this Code. 6. Activities or events held or conducted by or on behalf of the City, a public school, or the State conducted on property owned or leased by such entity or its sponsor. 7. Events conducted by homeowners'associations on common area property within the association's boundaries. 8. Any other special event specifically exempted in this Code from the provisions of this chapter. (Ord. 2013-11 §§38, 39, 2013; Ord. 2010-10 § 1, 2010; Ord. 2004-4§ 1 (part), 2004) 11.03.030 Definitions. For the purposes of this chapter, certain terms shall have the meanings set out below: "Applicant" means any person who seeks a permit under this chapter to operate a special event. For special events on private property the property owner shall be the applicant. For special events on public property, the operator shall be the applicant. An applicant who has received an approved permit under the provisions of this chapter shall also be considered a permit holder. 34 "Attendance" means the number of attendees anticipated to attend or who participate in a special event, whichever number is greater. "Attendee" means any person anticipated to attend or participate or who actually does participate in a special event. "City" means the City of Newport Beach. "City Council"or"Council" means the City Council of the City of Newport Beach. "City Manager" means the City Manager of the City of Newport Beach. "City property"means all real property and improvements owned, operated or controlled by City within the City's jurisdiction. City property includes, but is not limited to City Hall, police and fire facilities, recreational facilities, parks, beaches, libraries, streets and sidewalks, streetlights and traffic lights. "Director" means the Recreation and Senior Services Director. "Level 1, 2, or 3 Permits"means a classification level of permit as determined by the Director, Department Director or Reviewing Director based on factors such as the nature, size, location, and duration of an event. "Motorcade" means an organized procession containing twenty-five (25) or more vehicles, except funeral processions, upon any public street, sidewalk or alley. "Operate"means to manage, stage, promote, sponsor or carry on a special event. "Operator" means the person who manages, stages, promotes, sponsors or carries on a special event. "Outdoor(s)" means any place other than in a permanent building. Outdoor(s)shall include tents, canopies and temporary structures. "Parade" means any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with traffic regulations or controls provided in this Code and the California Vehicle Code. "Person"includes an individual, corporation, partnership, trust, non-profit organization, association, group or other business entity or organization. "Reviewing Authority" means the person or body authorized under the provisions of this chapter to review and act upon a special event application, i.e. either a specified staff, Department Director or the City Council. "Special event' means any special event described in Section 11.03.020(8). "Title 20"or"Zoning Code'means Title 20 of the Newport Beach Municipal Code. (Ord. 2013-11 §§40,41, 2013; Ord. 2004-4§ 1 (part), 2004) 11.03.040 Types of Special Event Permits. ...................._....................._.............................................................................................................................................................................................................................................. S5 A. Special Event Permit. Special event permits are for one-time events and for events which may recur but which are scheduled individually. B. Bundled Events Permit. Bundled event permits are for multiple events scheduled over a one year time period by one Applicant. The permit may cover one event that recurs during the year or a variety of events similar in nature during the year, such as weddings, anniversaries and birthday parties. Up to twenty(20)events could be scheduled under a single bundled event permit and there is no limit as to the number of bundled event permits one venue can apply for in a given year. (Ord. 2004-4§ 1 (part), 2004) 11.03.050 Standards and Requirements. A. Duration of Events. Events lasting more than thirty(30)consecutive days shall be deemed "temporary land uses"and shall be regulated by Title 20 of this Code. B. Event Site and Hours of Operation. Special event activities shall be limited to the areas so designated in the permit approval. Special events shall not be conducted between the hours of eleven p.m. and seven a.m. unless the Reviewing Authority determines that other hours of operation will not result in conditions materially detrimental to nearby property owners, residents, or businesses, or to public health or safety. C. Other Requirements. In addition to the requirements set out in this section,the Reviewing Authority may also impose conditions of approval relating to use of City beaches, Fre protection, traffic, parking, security, dust control,water quality protection of the bay and ocean, noise, temporary structures, signs and banners, outdoor lighting, insurance, and other matters deemed by the Reviewing Authority to be necessary for protection of public health, safety and general welfare. D. Use of Fireworks.Any special event, including special events otherwise exempted from the provisions of this chapter under Section 11.03.020(C)that involve the use of fireworks shall require written approval by the City Manager, subject to approval of the Fire Chief and Police Chief. E. Overnight Habitation. If a special event requires overnight habitation of the site by security, caretaker, or other personnel, the overnight facilities shall be so identified and approved in the permit. Approval of the facilities by the County Health Officer may also be required. (Ord. 2013-11 §42, 2013; Ord. 2004-4§ 1 (part), 2004) 11.03.060 Permit Review Procedures. A. Reviewing Authority.All Applicants for special events regulated by this chapter shall apply for a permit from the Recreation and Senior Services Director. B. Application Filing.Applications for special events shall be made in advance of the start of the special event. Applications shall be submitted to the appropriate Director, not less than the number of days established by resolution of the City Council. The City Council Resolution shall establish time periods for applications to be submitted sufficient to allow for review of completed applications depending upon the number of attendees and impact of the special event on City property. 3(o Late submissions shall constitute grounds for denial. However, if an application is made less than the required time, the Director shall determine if there is sufficient time remaining for proper review of the application under the provisions of this chapter. If the Director determines that there is sufficient time for review, an increased fee shall be charged for late filing, as determined by resolution of the City Council. If the Director determines that there is not sufficient time, the Applicant shall be given the option of rescheduling the special event, or withdrawal of the application, or denial of the application. If the application is withdrawn prior to processing, the Applicant would be given a full refund of fees. C. Submission Requirements.Applications for special events shall be completed in their entirety on forms supplied by the Director, and shall include information such as the Applicant, a description of the special event, a site plan or route plan, and any other information deemed necessary by the Reviewing Authority to complete review of the proposal. If the special event is proposed to be operated with, or on behalf of another person different than the Applicant, the application shall include the name, address and telephone number of each person who will operate the special event. Any person who applies for a permit as an authorized agent of the Applicant shall provide written authorization of such agency. D. Fee.Applications shall be accompanied by a fee established by resolution of the City Council. The fee shall be established at a rate to cover the City's actual costs of review and processing of the application and to reimburse the City for all City department service charges the City incurs in connection with or due to the activities under the permit. These costs are for the direct impacts caused by the special event or those in attendance at the special event, not actions of onlookers. Prior to issuance of the permit, the Applicant may be required to submit a cash deposit in an amount sufficient to cover the total City departmental charges estimated to be incurred in connection with the permit.After the special event has concluded, City departments shall submit the final invoices and billings for each department, which shall be totaled into a final invoice and provided to the Applicant, who shall pay any unpaid balance within thirty (30)days of receipt of the invoice. The fee shall be in addition to other fees required by the Code, and shall not be waived. E. Review Process. The Director shall review and act on complete permit applications in accordance with the procedures set out below. The Director may refer any application to the City Manager for special review under the procedures set out in subsection G of this section. 1. Filing. Applications shall undergo initial staff review. Within ten business days of filing, the Director shall cause the Applicant to be notified in writing whether the application is complete. If an application is determined to be incomplete, the notification shall identify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete. The Director may reject the application if the Applicant fails to complete the application after having been notified of the additional information request. 2. Other Department Review. If the Director determines that there are potential traffic or safety issues associated with a proposed special event, the application shall be referred to the Police and/or Fire Departments for review of such issues and recommended conditions of approval. In addition, the Reviewing Authority may refer the application to any other appropriate staff member or department for review and recommended conditions of approval. 37 3. Public Notice. The Director may require a mailed or delivered notice of a proposed special event to property owners if the Director determines, on a case-by-case basis, and that the public interest would be served by such notice. The Director may also require proof of said notice when deemed necessary. 4. Action by Director.After determination that the application is complete, the Director shall conduct an appropriate investigation, including consultation with other departments and site visits as deemed necessary.The Director shall then approve a special event permit, with or without conditions, unless he or she finds that: a. Special review of the proposed special event by the City Manager is required under subsection G of Section 11.03.060; b. One or more of the standards of Section 11.03.050 of this chapter are not met; c. The special event will cause substantial traffic, safety or health hazards within any area of the City; d. The special event will cause excessive noise impacts that will be materially detrimental to the general public, property owners, residents, or businesses near the special event site or route; e. The special event is scheduled to occur at a location and time in conflict with another special event scheduled for the same day or weekend and such conflict will create conditions materially detrimental to the general public or to nearby property owners, residents, or businesses, or would adversely impact the City's ability to provide adequate services; f. The special event is proposed to be located in or upon a building or premises which is hazardous to the health or safety of the special event attendees under the standards established by the Uniform Building or Fire Codes; g. The time, route, or size of the special event is reasonably likely to substantially interrupt the safe and orderly movement of traffic contiguous to the special event site or route, or disrupt the use of a street at a time when it is usually subject to great traffic congestion; or the special event is not reasonably likely to move from its point of origin to its point of termination in four hours or less; h. The concentration of persons, animals and vehicles at the site of the special event, or the assembly and disbanding areas around a special event, is reasonably likely to prevent proper police, fire, or ambulance services to areas contiguous to the special event; i. The size of the special event is reasonably likely to require diversion of so great a number of police officers of the City to ensure that participants stay within the boundaries or route of the special event, or to protect participants in the event, as to prevent normal protection to the rest of the City. Nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can 38 be imposed to allow for adequate protection of special event participants with the number of police officers available to police the special event; j. The location of the special event is reasonably likely to substantially interfere with any construction or maintenance work scheduled to take place upon or along the City streets, or a previously granted encroachment permit; k. The special event lacks adequate parking for employees and the public attending the proposed event under the applicable standards of Title 20 of this Code, except where the special event is part of an existing legal nonconforming use with respect to parking; I. The application is made by an Applicant for a special event where conditions of a previous permit issued to the Applicant were violated, or where any City ordinance, rule or regulation was violated; m. The special event is in conflict with applicable provisions of any federal, state and/or local laws; n. Information in the application or supplemental information is found to be materially false or misleading; o. The special event will have an adverse effect on the health, safety or welfare of the public; p. The special event will consist of a parade or motorcade which is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise, or event, and is designed to be held purely for private profit; q. The applicant refuses to agree to abide by and comply with all of the conditions of the special event permit; and r. The Chief of Police makes any finding contrary to the findings required to be made for the issuance of a special event permit. The Director shall approve, conditionally approve, or deny an application on one or more of the grounds specified above. The Director shall act as expeditiously as possible and, in any case: (i) no later than thirty(30)days after the Director received a completed application pursuant to subsection (E)(1)above. If the application is denied or approved on conditions other than those accepted by the Applicant,the Director shall inform the Applicant of the grounds for denial of the application in writing, or the reason for the conditions imposed, simultaneously with notice of the decision, and shall further inform the Applicant of his or her right of appeal. If the Director relied on information about the special event on other than that contained in the application, the Director shall inform the Applicant of the additional information he or she considered. The Applicant shall be notified of any permit conditions at the time the application is approved and of the Applicant's right to appeal the permit conditions. If the Director determines that good cause to consider a late application does not exist under Section 11.03.060(B)within seven days of receipt of the late application, the Director shall inform the Applicant of the reason for his or her determination 39 regarding lack of good cause and of the Applicant's right of appeal. If a Level 1 permit is denied by the Reviewing Director that decision is final. 5. Conditions of Approval. As conditions for granting a special event permit,the Director may impose reasonable terms and requirements concerning the time and place of the special event; the area and manner of conducting the special event; the maximum number of attendees; the intensity of sound amplification; the protection of the bay and ocean relative to water quality; the regulation of traffic;the number and size of signs and banners; any traffic barricades to be provided by the Applicant;whether alcoholic beverages are allowed; and such other requirements as the Director finds reasonable and necessary for the protection of persons and property. 6. Permit Issuance. If the permit is approved, the Director shall cause the permit to be issued subject to confirmation that all information and documents required by this chapter have been filed, all required fees, deposits, and sureties have been paid or posted, and all conditions of approval have been provided for. 7. Applicant Notification.After action on the application, the Director shall cause the Applicant to be notified in writing within five days of the decision. The Applicant may appeal decisions by the Director to the City Manager in accordance with this section. F. Appeals to City Manager. Within ten days of the date of written notification of action by the Director, an Applicant for a Level 2 or Level 3 Permit may appeal any denial of the application or any condition of approval to the City Manager. The City Manager shall hear appeals at least ten days following filing of the appeal. The City Manager's decision on the appeal of a Level 2 Permit shall be final. G. Special Review by City Manager. Applications for special events which the Director determines has the potential for greater-than-usual noise, traffic or other impacts on nearby property owners, residents, and businesses, may require special review by the City Manager. The City Manager shall review the application with the Applicant at least ten days following the Director's decision that the application requires special review. H. Appeals or Calls for Review of City Manager Decision. The City Manager's decision under subsection (F)or(G)of this section shall be rendered within ten (10)days of his or her consideration of the appeal or special review. The City Manager shall approve the application unless he or she makes one (1)or more of the findings for denial set out in subsection (E)(4)of this section, in which case the City Manager may deny the application. In approving a special event permit, the City Manager may impose conditions of approval, as set out in subsection (E)(5)of this section. The City Clerk shall notify the applicant in writing within five days of the City Manager's decision. The City Manager's decision on an appeal under subsection (F)of this section for all Level 2 permits shall be final. The City Manager's decision under subsection (G)of this section and on all Level 3 permits may be appealed or called for review pursuant to Section 11.03.100. (Ord.2015-9§ 15, 2015; Ord. 2013- 11 §§43-46, 2013; Ord. 2004-4§ 1 (part), 2004) 40 11.03.070 City Services Deposits and Damage Reimbursement for Certain Special Events. A. City Services Deposit. The Applicant or Operator of the special event involving the sale of food or beverages, erection of structures, participation of horses or other large animals, use of water aid stations or other events for which the need for cleanup is likely, shall be required to provide a City services deposit prior to the issuance of a special event permit. The City services deposit and cleanup plan shall be in the amount established in a deposit fee schedule for special events adopted by Resolution of the City Council. B. Refund. The City services deposit shall be refunded after the special event when in the opinion of the Director the area used for the permitted special event has been fully cleaned and restored to the same condition as existed prior to the special event. If the actual cost for cleanup is less than the estimated cost,the Applicant will be refunded the difference. C. If City property is damaged or destroyed by reason of the operator's use, special event or activity, the applicant or operator shall reimburse City for the actual cost of replacement or repair of the damaged or destroyed property. All such costs shall be included into the invoice referenced above, unless an accurate cost for replacement or repair of one or more items of City property cannot then be ascertained, in which case, City may bill the applicant or operator when such information becomes available. D. Appeals. If the applicant or operator disputes the cleanup charge, he or she may appeal to the Director within five days after receipt of the cleanup bill. The decision of the Director shall be final. (Ord. 2004-4§ 1 (part), 2004) 11.03.080 Indemnification Agreement. Prior to the issuance of a special event permit, the applicant must sign an indemnification agreement to reimburse City for any costs incurred to repair damage to City property occurring in connection with the permitted special event and proximately caused by the acts or omissions of the operator, its officers, employees, or agents, or any person who was under the applicant's or operator's control insofar as permitted by law. The indemnification agreement shall also provide that the applicant shall defend the City against, and indemnify and hold the City harmless from, any liability resulting from any damage or injury occurring in connection with the special event proximately caused by the acts or omissions of the applicant, its officers, employees or agents, or any person who was under the applicant's control insofar as permitted by law. For purposes of this section, a person who merely is an attendee of the special event is not considered, by reason of attendance or participation alone, to be"under the control" of the applicant. (Ord. 2004-4§ 1 (part), 2004) 11.03.090 Revocation of Permit. .. . .. . .............. I . .............I . .. ......I............ .. ................... I .................I . .. ......I............ .. ................... I . .............. . .. .. ..................... A. The City Manager may revoke any special event permit issued pursuant to this chapter after written notice to the permit holder for any of the following causes: 1. Failure to Comply. The permit holder fails, neglects or refuses to fulfill any of the provisions of the permit or its conditions of approval; 2. Misrepresentation. The permit holder has made a material misrepresentation in the application or any other document required pursuant to this chapter; 3. Violation of Law. The permit holder has violated state, federal or local laws or regulations in his or her conduct of the special event; B. Revocation shall become effective at the date and time ordered by the City Manager. (Ord. 2004-4 § 1 (part), 2004) 11.03.100 Appeals and Calls for Review. If an applicant is aggrieved by any decision of the City Manager under this chapter, the applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the City Manager's decision and the basis for the appeal. The appeal shall be accompanied by a fee as established by resolution of the City Council. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt from the payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall provide written notification of the time and place set for hearing the appeal or call for review. The City Council at its next regular meeting held not less than ten (10)days from the date on which the appeal or call for review was filed with the City Clerk shall hear the appeal or call for review and all relevant evidence. The City Council may sustain, overrule or modify the action of the City Manager, and decision of the City Council shall be final. The right to appeal or call an item for review shall terminate upon the expiration of ten (10)days following personal delivery to the applicant or the deposit of a letter in the United States mail advising the applicant of the action of the City Manager. (Ord. 2015-9§ 16, 2015: Ord. 2004-4§ 1 (part), 2004) 11.03.110 Permits and Fees Not Exclusive. ................................................................................................................................................................................................................................................................................................ Charges,fees and permits required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this code, and may not be waived unless with the expressed written permission of the City Manager when deemed that given the nature of the event, it would be appropriate for the City to be a co-sponsor of the event; thereby, waiving a portion or all related fees. (Ord. 2004-4§ 1 (part), 2004) 11.03.120 Interference with Special Events. A. No person shall knowingly violate any of the terms of a special event permit. B. No person shall knowingly join, interfere with or participate in any permitted special event without the consent, and over the objection of,the special event permittee. (Ord. 2013-11 §47, 2013) n Attachment No. PC 4 2014 and 2015 NDR Events 4S V� QP �P Number • Event �CiFORRS_.�W POST C�` A Applications No. of Event Applications 180 160 158 155 140 129 120 100 94 80 60 40 20 0 2012 2013 2014 2015* 01/28/16 Community Development Department- Planning Division z Events by Month Newport Dunes Resort No. of Applications by Month 2015 40 35 35 30 28 29 25 20 ■No.of Events 16 16 i5 10 io 6 5 1 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 40 01/28/16 Community Development Department- Planning Division 2 Events �aEWPORT O A U a °,acoaN�P by Month Newport Dunes Resort No. of Applications by Month 2014 35 31 30 26 �5 24 22 20 19 17 No.of Events Applications 15 to 7 5 5 1 1 1 o Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 12/05/15 Community Development Department- Planning Division 47 2 Size of Events Newport Dunes Resort Estimated No. of Participants 2015 401 -500 500+ 7% 11 % 0-100 301 -400 39% 10% 201 -300 7% *r6 48 01/28/16 Community Development Department- Planning Division 3 Size of Events Newport Dunes Resort Estimated No. of Participants 500+ __ 7% 2014 \ 401 -500 6% 301 -400 4% 201 -300 11 % 0-100 51 % 101 -200 21 % 12/05/15 Community Development Department- Planning Division 4" 3 Days and Timet. Newport Dunes Resort Special Event Permit Applications 120 2 ° ioo 46 Event End 80 61 Time ■AFTER 10:00 PM 60 ■9:00-10:00 PM ■6:00-9:00 PM ° 1 ■6:00:00 PM OR EARLIER 40 20 2 0 SUN-THU FRI-SAT SUN-THU FRI-SAT 2014 2014 2015 2015 01/28/16 Community Development Department- Planning Division �� 4 Daily Attendance Newport Dunes Resort Special Event Permit Applications with 250+ Total Daily Attendance 2014 3500 Independence Day Corporate 3000 8000 Picnic (1000) Pacific and 2 other events Festival 2550 z5oo 2000 ■Single Event ■Multiple Events 3500 1000 5o0 0 Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Community Development Department- Planning Division S1 12/05/15 5 V� QP �P Attachment No. PC 5 Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol 53 V� QP �P SOUND MEDIA FUSION, LLC. Gary Hardesty Van Nuys, CA 91406 audiomicro42@gmail.com 818-482-0193 NEWPORT DUNES NOISE MITIGATION REPORT AND NOISE MITIGATION PROTOCOL NOVEMBER 30, 2015 1 Sound Media Fusion, LLC. 1/25/2016 5.5 Sound Media Fusion, LLC. (SMF)was brought on board earlier this year, to study and implement effective noise mitigation and monitoring plans and procedures for the Dunes and local housing areas. Early on, the Wieland Report was brought to the attention of SMF, as the document of reference for monitoring Dunes related noise. We have found the Wieland Report ('Report')to be generally useful, and it was used as our starting point in reference to previous mitigation work and general sound levels. It is our opinion that the Report did not go far enough in addressing the more technical issues at hand and how to solve the challenges. This report serves to pick up where the Wieland Report left off. The discussion is generally directed at mitigating noise in the Dover Shores housing areas, although noise mitigation efforts will help other areas as well. Goals of this report are: 1)Discuss the acoustic and electro-acoustic challenges presented by the Dunes project and surrounding areas. 2)Discuss proposed means of mitigation and progress to date. 3)Establish levels within the venues and the housing areas. 4)Action plan for 2016. 2 Sound Media Fusion, LLC. 1/25/2016 56 Discussion of the acoustic and electro-acoustic challenges presented by the Dunes project and surrounding areas NOTE: The field of acoustics and noise mitigation are highly complex and this author has taken some creative license herein to simplify the discussion. As we are discussing the decibel sound levels herein, it's important to understand what the decibel is and how it relates to what we hear and measure. Acoustics and the integration of sound reinforcement systems are complex, challenging and always present debatable theories and results. Basics of Acoustics... Understanding the basics of acoustics is essential for anyone involved in sound, sound monitoring and noise mitigation. This short section deals with a few of the basic concepts of sound you'll need to grasp to help you understand the challenges we face at the Dunes project and the ways we are going to mitigate the sound. What is sound? For now, let's leave out philosophical conundrums like "If a tree falls in a forest and no-one is there to hear it, does it really make a sound?" Instead, let's speak in real world terms of what we can measure and what we can hear. From a physics perspective, sound is nothing more than small pressure changes traveling through: *Any elastic medium. These pressure variances propagate in all directions from- Anything that vibrates mechanically in or that medium or even just contacting that medium-- things like vocal chords, guitar strings, saxophone reeds, or loudspeakers. The word medium means any molecular substance that contacts the vibrating source. It could be almost anything-- air is the most common example; but water could be an example too. Even the wood that contacts a violin string is an example. 3 Sound Media Fusion, LLC. 1/25/2016 57 What isn't an example? Outer space would not be an example because it doesn't contain enough organized molecules. *An elastic medium is one in which the molecules can be displaced slightly but where they tend to spring back to their original or rest position. In a gas like air, molecules can be compressed (pushed closer together) and rarefied (pulled further apart) but they will always spring back to normal pressure. Water, steel, and wood also have a springiness that makes them good conductors of sound waves *The pressure changes don't have to be very big to be perceived as sound. In a typical conversation at 1 meter, the difference between highest compression to lowest is only 00.0001%, one ten thousandth of a percent. In sound,waves of compression are always followed by mirror image waves of rarefaction (decompression) so that overall the pressure remains normal. Remember that in sound it's not the air molecules that travel from the source to your ear but rather the waves of compression and rarefaction of those molecules. Finally,remember that sound waves are: *mechanical energy-- an actual physical disturbance. They are not like radio waves or light waves. These are electromagnetic energy. How fast does sound travel? Sound waves travel at approximately 1128 feet per second in air that is 68 degrees Fahrenheit. In other media, the speed is different. For example: Its 4756 feet per second in water. In wood and metal it would be even faster because the molecules are denser. 4 Sound Media Fusion, LLC. 1/25/2016 52 In sustained sounds, molecular displacement is usually repetitive and it often occurs with high regularity. That means it repeats the same way at very evenly spaced time intervals-- say every thousandth of a second. This regularity is called periodic vibration. When vibrations repeat like this, the sound they produce has an identifiable pitch-- a musical tone. If there is no regularity, then the vibration is aperiodic and produces noise. The physical vibrations that make sound can be nearly any frequency. Experiments have shown that sound at 10 billion cycles per second is possible. However, human ears respond to only a relatively small range of between 20 cycles per second and 20,000 cycles per second. Even this range is significantly shortened by age and other conditions. Within this range of 20 to 20,000 cycles per second humans are most sensitive to the frequencies between 1,000 and 5,000 cycles per second. *Some simple calculations can show how long a wavelength of any frequency is: Just divide the speed of sound(1128 feet per second) by the sound's cycles per second to get the wavelength. -A 1000 cps tone's wavelength= 1.128 feet-mid frequency. -A 20 cps tone's wavelength= 56.4 feet- low frequency. -A 20,000 cps tone's wavelength= .0564 feet (or .67 inches.)- high frequency. Figuring wavelengths can be useful to instrument makers. Most wind instruments need a resonant air column half as long as the wavelength of the fundamental frequency they want to play (Clarinet is an exception because the closed, cylindrical pipe that makes its air column needs to be only 1/3 as long as the fundamental frequency's wavelength.) 5 Sound Media Fusion, LLC. 1/25/2016 59 There are two types of waves that cause sound: The Transverse wave (like a violin string) in which the vibration is perpendicular to the wave's travel. The Longitudinal wave (like a wind instrument's air column) in which the vibration is parallel to the wave's travel. All waves in an encompassing medium like air can be considered longitudinal waves. There are four important attributes that we can manipulate to create or describe any sound. And, we can work with these attributes in two different ways: we can measure them and we can hear them. If we measure them, they're called physical attributes: if we hear them, they're called perceptual attributes. The four physical attributes are frequency, amplitude, waveform, and duration. Their perceptual counterparts are pitch, loudness, timbre, and time. There is similarity between hearing and measuring these attributes; however, it is a complex correlation. The two are not exactly parallel. Frequency refers to how often the vibration repeats a complete cycle from rest position through compression through rarefaction and back to rest position. This is usually stated in cycles per second(cps) or in Hertz(Hz) after the 19th century physicist Heinrich Hertz. Cps and Hz are the same measurement. Pitch refers to our perception of frequency on a continuum from low to high. For musical purposes, we usually divide this continuum into discrete steps derived from the natural harmonic series. For most people, frequencies must be between 20 and 20,000 cps to be heard as pitch, and the upper half of that range is more important to our perception of brilliance than to musically useful pitch. Even the highest tone of a piccolo is only about 3,700 cycles per second-- far short of 20,000. 6 Sound Media Fusion, LLC. 1/25/2016 00 Amplitude refers to how much energy is contained in the displacement of molecules that make up sound waves. It is usually measured in decibels. Decibels is a logarithmic scale in which each ten number increase actually represents a ten fold increase in energy. On this scale a 10 decibel increase equals 10 times the energy, but a 20 decibel increase= 100 times the energy and a 30 decibel increase= 1000 times the energy; etc. We need this logarithmic scale because the loudest sound humans can hear is about 1 trillion times as powerful as the softest. Each doubling of sound energy can be represented by a 3 decibel change. Loudness refers to our perception of amplitude and is sometimes stated in phons. The least amount of amplitude humans can perceive as sound, starts the decibel scale at 0 dB. This is about a trillionth of a watt per square meter. 7 Sound Media Fusion, LLC. 1/25/2016 01 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 cars 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 car 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 car. The outer ear is composed of two parts, the visible flap of skin and cartilage attached to the side of the head, and the ear canal, a tube about 0.5 cm in diameter extending about 3 cm into the head. These structures direct environmental sounds to the sensitive middle and inner ear organs located safely inside of the skull bones. Stretched across the end of the ear canal is a thin sheet of tissue called the tympanic membrane or ear drum. Sound waves striking the tympanic membrane cause it to vibrate. The middle ear is a set of small bones that transfer this vibration to the cochlea (inner ear) where it is converted to neural impulses. The cochlea is a liquid filled tube roughly 2 mm in diameter and 3 cm in length. Although shown straight in Fig. 22-1, the cochlea is curled up and looks like a small snail shell. In fact, cochlea is derived from the Greek word for snail. When a sound wave tries to pass from air into liquid, only a small fraction of the sound is transmitted through the interface, while the remainder of the energy is reflected. This is because air has a low mechanical impedance (low acoustic pressure and high particle velocity resulting from low density and high compressibility), while liquid has a high mechanical impedance. In less technical terms, it requires more effort to wave your hand in water than it does to wave it in air. This difference in mechanical impedance results in most of the sound being reflected at an air/liquid interface. The middle ear is an impedance matching network that increases the fraction of sound energy entering the liquid of the inner ear. For example, fish do not have an ear drum or middle ear, because they have no need to hear in air. Most of the impedance conversion results from the difference in area between the ear drum (receiving sound from the air) and the oval window (transmitting sound into the liquid, see Fig. 22-1). The ear drum has an 8 Sound Media Fusion, LLC. 1/25/2016 02 area of about 60 (mm)2, while the oval window has an area of roughly 4 (mm)2. Since pressure is equal to force divided by area, this difference in area increases the sound wave pressure by about 15 times. Contained within the cochlea is the basilar membrane, the supporting structure for about 12,000 sensory cells forming the cochlear nerve. The basilar membrane is stiffest near the oval window, and becomes more flexible toward the opposite end, allowing it to act as a frequency spectrum analyzer. When exposed to a high frequency signal, the basilar membrane resonates where it is stiff, resulting in the excitation of nerve cells close to the oval window. Likewise, low frequency sounds excite nerve cells at the far end of the basilar membrane. This makes specific fibers in the cochlear nerve respond to specific frequencies. This organization is called the place principle, and is preserved throughout the auditory pathway into the brain. Another information encoding scheme is also used in human hearing, called the volley principle. Nerve cells transmit information by generating brief electrical pulses called action potentials. A nerve cell on the basilar membrane can encode audio information by producing an action potential in response to each cycle of the vibration. For example, a 200 hertz sound wave can be represented by a neuron producing 200 action potentials per second. However, this only works at frequencies below about 500 hertz, the maximum rate that neurons can produce action potentials. The human ear overcomes this problem by allowing several nerve cells to take turns performing this single task. For example, a 3000 hertz tone might be represented by ten nerve cells alternately firing at 300 times per second. This extends the range of the volley principle to about 4 kHz, above which the place principle is exclusively used. Table 22-1 shows the relationship between sound intensity and perceived loudness. It is common to express sound intensity on a logarithmic scale, called decibel SPL (Sound Power Level). On this scale, 0 dB SPL is a sound wave power of 10-16 watts/cm2, about the weakest sound detectable by the human ear. Normal speech is at about 60 dB SPL, while painful damage to the ear occurs at about 140 dB SPL. 9 Sound Media Fusion, LLC. 1/25/2016 63 outer ear tympanicmembrane ear (ear drum) canal ovalwindow cochlea sound waves basilar waves ve5 ` 1 yl ' in liquid �netnbrane 7`+ Lich medium law dle frequency frequency frequency Hud ear dle de cfim deteLt Gn deteCtim bo FIGURE 22-1 Functional diagram of the human ear. The outer ear collects sound waves from the environment and channels them to the tympanic membrane(ear drum),a thin sheet of tissue that vibrates in synchronization with the air waveform. a nuddte ear bones(hammer,anvil and stirrup)transmit these vibrations to the oval window,a fle3nblervembraneiuthefluidfiliedcochlea. Contamedwifhinthe cochlea isthebasdaruiembraue,the supporting structure 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,maldug the ear a foequency spectrum analyzer_ The difference between the loudest and faintest sounds that humans can hear is about 120 dB, a range of one-million in amplitude. Listeners can detect a change in loudness when the signal is altered by about 1 dB (a 12% change in amplitude). In other words, there are only about 120 levels of loudness that can be perceived from the faintest whisper to the loudest thunder. The sensitivity of the ear is amazing; when listening to very weak sounds, the ear drum vibrates less than the diameter of a single molecule! The perception of loudness relates roughly to the sound power to an exponent of 1/3. For example, if you increase the sound power by a factor of ten, listeners will report that the loudness has increased by a factor of about two (101/3 z 2). This is a major problem for eliminating undesirable environmental sounds, for instance, the beefed-up stereo in the next door apartment. Suppose you diligently cover 99% of your wall with a perfect soundproof material, missing only 1% of the surface area due to doors, corners, vents, etc. Even though the sound power has been reduced to only I% of its former value, the perceived loudness has only dropped to about 0.011/3 z 0.2, or 20%. The range of human hearing is generally considered to be 20 Hz to 20 kHz, but it is far more sensitive to sounds between 1 kHz and 4 kHz. For example, listeners can detect sounds as low as 0 dB SPL at 3 kHz, but require 40 dB SPL at 100 Hertz (an amplitude increase of 100). Listeners can tell that two tones are different if their frequencies differ by more than about 0.3% at 3 kHz. This increases to 3% at 100 hertz. For comparison, adjacent keys on a piano differ by about 6% in frequency. 10 Sound Media Fusion, LLC. 1/25/2016 04 WatWcm' Decibels SPL Example sound 10-' 140 dB Pain 10' 130 dB 1V 120 dB Disomifort 10-5 110 d3 Jack hammers and rack conceits TABLE 22-1 10 100 dB Units of sound intensify. Sound 10-7 90 dB ©SHA limit for industrial noise intensityisexpressed aspower per �8104 80 dB unit area (such as wattslcm'), or 10- 70 dB more commonly on a logantbmic 10-10 60 dB Normal conversation scale called decibels SPL. As tbis 10-11 50 dB table shows,human hearing is the most sensitive between 1 kHz and 10-12 40 dB Weakest audible at 100 hertz 4 kHz. 10-13 30 dB 10-1' 20 dB Weakest audible at 10kllz 10-15 10 dB 10-16 0 dB Weakest audible at 3 kHz 10-17 -10 dB 10-1s -20 dB The primary advantage of having two ears is the ability to identify the direction of the sound. Human listeners can detect the difference between two sound sources that are placed as little as three degrees apart, about the width of a person at 10 meters. This directional information is obtained in two separate ways. First, frequencies above about 1 kHz are strongly shadowed by the head. In other words, the ear nearest the sound receives a stronger signal than the ear on the opposite side of the head. The second clue to directionality is that the ear on the far side of the head hears the sound slightly later than the near ear, due to its greater distance from the source. Based on a typical head size (about 22 cm) and the speed of sound(about 340 meters per second), an angular discrimination of three degrees requires a timing precision of about 30 microseconds. Since this timing requires the volley principle, this clue to directionality is predominately used for sounds less than about 1 kHz. Both these sources of directional information are greatly aided by the ability to turn the head and observe the change in the signals. An interesting sensation occurs when a listener is presented with exactly the same sounds to both ears, such as listening to monaural sound through headphones. The brain concludes that the sound is coming from the center of the listener's head! 11 Sound Media Fusion, LLC. 1/25/2016 05 While human bearing can determine the direction a sound is from, it does poorly in identifying the distance to the sound source. This is because there are few clues available in a sound wave that can provide this information. Human hearing weakly perceives that high frequency sounds are nearby, while low frequency sounds are distant. This is because sound waves dissipate their higher frequencies as they propagate long distances. Echo content is another weak clue to distance, providing a perception of the room size. For example, sounds in a large auditorium will contain echoes at about 100 millisecond intervals, while 10 milliseconds is typical for a small office. Some species have solved this ranging problem by using active sonar. For example, bats and dolphins produce clicks and squeaks that reflect from nearby objects. By measuring the interval between transmission and echo, these animals can locate objects with about 1 cm resolution. Experiments have shown that some humans, particularly the blind, can also use active echo localization to a small extent. 12 Sound Media Fusion, LLC. 1/25/2016 00 What really happens to sound as it travels through the atmosphere, encountering atmospheric disturbances as well as Earth-based disturbances? Sound is `distorted' as it travels through space by many factors. Sound propagation is shaped by the atmosphere like a lens shapes light rays. The "bending" of sound rays occurs because of changes in the speed of sound. The speed of sound is a function of an air-density parameter called virtual temperature and is also affected by the wind vector. If the speed of sound in a certain direction, for example, increases with height, any loud noise is "focused" toward a surface area distant from the sound source. Sound propagation,therefore, in the real atmosphere is constantly changing, much like the stars "twinkle" (scintillate) at night. Upper-air measurements are needed to characterize such propagation. topographically modified atmosphere -vN refraction due to gradients of Wntl - temperature reflection and tem p at ground,buildings,forests, etc scattering due to atmospheric turbulence diffraction at obstacles(buildings, screens, hills...) m m Sound propagating in the atmospheric boundary layer is significantly influenced by topographical and meteorological effects, (as indicated in the illustration above): -Refraction due to wind and temperature gradients, -Reflection at porous ground or at buildings, forests, etc., -Scattering due to atmospheric turbulence, -Diffraction at obstacles such as buildings, screens, hills. 13 Sound Media Fusion, LLC. 1/25/2016 07 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 comers". 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 comer. Refraction is the change in direction of a wave due to a change in its speed. This is most commonly observed when a wave passes from one optical medium to another.... the bending of sound rays in the presence of an inhomogeneous atmosphere. 14 Sound Media Fusion, LLC. 1/25/2016 02 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 ieratures O wind 6 0 a) E turbulence refraction scattering humidity E absorption energy momentum w 0 mass sound field o 0 reflection y diffraction 15 Sound Media Fusion, LLC. 1/25/2016 69 WillAdditional dal I�as a tof refraction, Direct sound path $ourceE ij � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � Listener O Warmer air, fastL2r sound Spa?rd Cc.a;l &ir, - slovrer sound Sorarc.� SP®� --; Listener If you were outside an °otard ou could sill heea bth been cause) e e sound h waves would spread out from the smell opening Eta it It were a localized source �f @ } of sound. 6aurrd e DI on arou post Diffraction past small opening. Suppose you bought a concert ticket Without W"at the seating charta wound up sitting behnd a large post You would be able to hear the concert quite wall because the wavelengths of It you were several wavelengths sound are long enough to bend around of sound past the post.you would the post not be able to detect the presence of the post from the nature of the sound. 16 Sound Media Fusion, LLC. 1/25/2016 70 For the purpose of measuring sound, we use SPL (Sound Pressure Level)meters, which often times are computer based for further analysis. Various `weightings' are used in the measure of sound by an SPL meter: +20 +10 (o) 0 rc) C -30 (A) (not defined)•°: (B) -40 -50 10 100 1000 10k 100k A-welghting (blue),B (yellow),C(red), and 0-weighting (elk) A-weighting is the most commonly used of a family of curves defined in the International standard IEC 61672:2003 and various national standards relating to the measurement of sound pressure level, as opposed to actual sound pressure. The others are B, C, D and now Z weightings (see below). Looking at the graph above, one can see the various levels of attenuation of low frequencies- look at the blue 'A'weighted curve, and note that the measurement is rolling off the low frequencies (the graph is showing frequencies, left to right and from low to high, on the bottom, 'X' scale and level on the left of the vertical, or'Y' scale). If no frequency attenuation existed in the given measurement standard, the lines on the graph would be shown as a flat line at the zero dB mark. Sound level, loudness, and sound pressure are not the same things; indeed there is not even a simple relationship between them, because the human hearing system is more sensitive to some frequencies than others, and furthermore, its frequency response varies with level, as has been demonstrated by the measurement of equal-loudness contours. In general, low frequency and high frequency sounds are perceived to be not as loud as mid-frequency sounds, and the effect is more pronounced at low pressure levels, with a flattening of response at high levels. 17 Sound Media Fusion, LLC. 1/25/2016 72 Sound pressure level meters (SPL meters) therefore incorporate weighting filters,which reduce the contribution of low and high frequencies to produce a reading that corresponds approximately to what we hear. The curves were originally defined for use at different average sound levels, but A- weighting, though originally intended only for the measurement of low-level sounds (around 40 phon), is now commonly used for the measurement of environmental noise and industrial noise, as well as when assessing potential hearing damage and other noise health effects at all sound levels; indeed, the use of A-frequency-weighting is now mandated for all these measurements, although it is badly suited for these purposes, being only applicable to low levels so that it tends to devalue the effects of low frequency noise in particular. A-weighting is also used when measuring noise in audio equipment, especially in the U.S.A. In Britain, Europe and many other parts of the world, Broadcasters and Audio Engineers more often use the ITU-R 468 noise weighting, which was developed in the 1960s based on research by the BBC and other organizations. This research showed that our ears respond differently to random noise, and the equal- loudness curves on which the A, B and C weightings were based are really only valid for pure single tones. History of A-weighting A-weighting began with work by Fletcher and Munson which resulted in their publication, in 1933, of a set of equal-loudness contours. Three years later these curves were used in the first American standard for sound level meters. B-, C-, D- and Z-weightings A-frequency-weighting is mandated to be fitted to all sound level meters. The old B- and D-frequency-weightings have fallen into disuse, but many sound level meters provide for C frequency-weighting and its fitting is mandated—at least for testing purposes—to precision(Class one) sound level meters. Z- or ZERO frequency-weighting was introduced in the International Standard IEC 61672 in 2003 and was intended to replace the "Flat" or "Linear" frequency weighting often fitted by manufacturers. This change was needed as each sound level meter manufacturer could choose their own low and high frequency cut-offs (–3dB) points,resulting in different readings, especially when peak sound level was being measured. As well, the C-frequency-weighting, with–3dB points at 31.5Hz and 8kHz did not have a sufficient bandpass to allow the sensibly correct measurement of true peak noise (Lpk) A-weighting is only really valid for relatively quiet sounds and for pure tones as it is based on the 40-phon Fletcher-Munson curves which represented an early determination of the equal-loudness contour for human hearing. 18 Sound Media Fusion, LLC. 1/25/2016 72 Sound Media Fusion uses a special laboratory meter made in Europe for our testing. The meter can simultaneously show Z (flat frequency spectrum) measurements, as well as 'A', peak, LEQ, etc. The meters also record the actual audio during a test, as well as all the raw data for later analysis. We can actually hear what the sound was that was affecting a meter reading at a particular point in time. While the A-weighting curve, as discussed previously, has been widely adopted for environmental noise measurement, and is standard in many sound level meters, it does not really give valid results for noise because of the way in which the human ear analyzes sound. The distance of the measuring microphone from a sound source is often omitted when SPL measurements are quoted, making the data useless. In the case of ambient environmental measurements of"background" noise, distance need not be quoted as no single source is present. SPL meters are not smart- they present all the sound (noise)picked up by the meter at the meter's location, as a single SPL, or dB 'number'-be it Dunes noise, watercraft noise, whatever- it's all picked up and displayed as a number, representing the local environmental noise condition. This local reading presents uncorrelated information, IE: it's not smart information,much as the human ears and brain- we can correlate and discriminate, a SPL meter cannot. The information obtained is not only Dunes related noise, it is ALL the local environment noise. A smart, trained human must make the measurements, as only this person can understand exactly what is taking place and how to solve it. as well as determine compliance, within the din of all the local background noise that may be present- another reason we record the actual audio, as well as the raw data- for later analysis. Compliance monitoring is a very difficult science and requires sophisticated equipment and even more sophisticated operators, especially when the compliance monitoring involves music related noise buried in the overall ambient and local environmental noise.- it's simply not just a number... The situation is compounded by the fact that people in the housing areas don't really care what the dB reading is: they are only concerned with what they actually hear, and how it possibly affects their lifestyle, especially at night. The point of the discussion herein is- how can we improve the situation based on what people are hearing?- COUPLED with what we measure as part of our compliance. SMF believes we must be successful at both... 19 Sound Media Fusion, LLC. 1/25/2016 73 Below •ther reminder to illustrate various • 1 and the associated approximate Loudest Calculated Sound Possible R U01.1 I(Nuclear Bombl Loudest Sound Recored=180db(Volcano of Krakatoua In 18831=Destrucnon o(Heanng t Issue let enginert �® fireworks llml Rifle Being Fired rt Iao RPck Musk Peak Threshdtld Pall �t3D.eB� Threshold dt4in vneumatk R+wner/Ha s>s.m NL,- 0 as un Food Processor Second Action Level (Hearing Protection Must be Worn) Rust'TrafRc rt 1Qn First Action Level (Hearing Protection Advised) ILVacuum Cleaner mun Baclgrourd Musb OBbe Environment/Badgrous+d No&! so es Cab Moderate Bainfa0 mnx 4sinoP Computer +n nu Relrigerato+ Idle TV S[udb roan Wk Ssdb Human Hearing Threshold ono Human Heaak�ThI111gN Industry/Workplace 20 Sound Media Fusion, I want to discuss the specifics of the Dunes project: Earlier, we discussed sound propagation,refraction, diffraction, etc., as a means of discussing the challenges and potential solutions for Dunes related noise. The Dunes area presents significant noise mitigation and monitoring challenges, for several reasons: The local, water based environment presents significantly more challenges that a more normal, non-water based housing area (referring to the Dover Shores community). The water has a significant effect on sound propagation. Refraction of Sound: Warmer*r, If the air above the earth is faster SiWd warmer than that at the surface, W=0 sound will be bent back downward toward the surface by Good air. refraction. stoever sound 54urce $ , Listener Sound propagates in all directions from a point source. Normally, only that which is initially directed toward the listener can be heard, but refraction can bend sound downward. Normally, only the direct sound is received. But refraction can add some additional sound, effectively amplifying the sound. Natural amplifiers can occur over cool bodies of water. The fact that the speed of sound is faster in warmer air bends some sound back downward toward you - sound that would not reach your ear under normal circumstances. This natural amplification over cool bodies of water is one of the few natural examples of sound refraction. warm air — -- ---- — -- — — — — cool air — source body of water This is precisely one of the challenges with the Dunes project. Due to the effects of refraction, the Dover Shores community, at night, experiences some direct energy from the sound, as well as some refracted energy, as discussed above, due to the water. 21 Sound Media Fusion, LLC. 1/25/2016 715 Sound from an event propagates out, and to some extent, up- it is reasonable to assume that some of the energy propagating vertically is heard in the Dover Shores area, due to refraction, along with direct energy and other refracted energy. This is one reason that the apparent sound levels change from afternoon sound checks to evening shows (along with the obviously quieter local community noise levels at night). The effects of refraction, on a given day/night are difficult to predict, which is why the mitigation and monitoring protocol must remain fluid and must employ a person with considerable acoustic background in order to control the noise on an event by event basis. One challenge with solving a noise problem on a particular event, is understanding where the noise is coming from- the audience sound system, band equipment (drums, guitar amplifiers, etc.), or stage monitors (or a combination)...it's not just a simple matter of turning the sound down. One must understand the entire event (sound design, equipment used, etc.), in order to intelligently 'fix' the problem. Let's discuss some specifics: Based on simple acoustic theory- sound will decrease based on distance (not so simple, due to the water effects we have already discussed). If we examine the average distances from an event at the Dunes tent, for example, situated near the earthen berm, we can calculate what the maximum levels should be at the Dunes site, based on legal levels established for the housing areas. 22 Sound Media Fusion, LLC. 1/25/2016 70 Here is an overview of the area under discussion: DOVER SHORES x,. > HOMES _ r T r. DUNES r The approximate distance from the Dunes tent to the center of the three primary Dover Shores streets under discussion here (Morning Star Lane, Evening Star Lane and North Star Lane) is 1,600 feet. Based on acoustic theory, the sound level should decrease some 6 dB for every doubling of distance from the source. It's known as the inverse square law. Based on the inverse square law, if we have, for example, a source with a dB level of 100, at 1,600 feet from the source the level should be approximately 46 dB. This is a direct line of sight- simplistic- calculation, but serves to illustrate the point that, at 1,600 feet, we should be in compliance (and you should not hear us) if the level at the source is 100 dB maximum. But- it's too simplistic, and does not account for the sound traveling over water and myriad other effects. It also does not account for hearing sensitivity VS frequency. 23 Sound Media Fusion, LLC. 1/25/2016 77 Sound sources during a live band: 1) Sound system for audience. This is one of the primary systems we are controlling, by increasing directionality, etc. 2) Stage monitor system. This is usually a system that faces the artist...in the case of a show in the tent, or at the tent location, with the stage near the beach, the sound from the stage monitors is directly facing the housing areas. More challenging to control. 3)Backline equipment (drums, guitar amplifiers, etc.). Very challenging to control, especially something acoustic such as the drums. I want to discuss the specific case of a stage located either in the Dunes tent, or a stage, outdoors, in the same area- as is typical for larger events at the Dunes. In order to improve the noise situation, one must study, in detail, the problem and how best to solve it. This requires experiments to determine the best means of improving the situation. Numerous approaches have been taken over the last year to improve the noise situation: 1) One of the first, as SMF became involved in the project, was simply better control over sound system and stage monitors levels, along with using better equipment to monitor the sound. 2) This quickly proved to be not enough. The challenge for SMF was that the events were already booked, and sound equipment was also already booked, frequently by the visiting act bringing in their own equipment. It became quickly apparent that much more work was required. 3)We mandated early on that all events, at least by the 2016 season, needed to use sound systems designed by SMF and provided by the Dunes selected vendor. This has occurred now at a number of events and we are slowly making progress on the improving the designs. 4) If a noise can't be quieted at the source, path modification is commonly the next step. 24 Sound Media Fusion, LLC. 1/25/2016 72 Recently, we did the first in a series of actual acoustic tests involving a noise mitigation wall: 1 The simplistic wall is made of stacked steel shipping containers. Please see the detail report as Attachment A, at the end of this document. Note that such a wall must be much longer to be truly effective (and possibly taller as well), AND, it does not address the refraction effects we have discussed earlier- this wall can only affect direct sound, and as we have discussed, this is not enough. 25 Sound Media Fusion, LLC. 1/25/2016 �9 The next test we did involved using an actual band, in the tent, with the wall, as above, in place: ' M r m IIS I C The picture is taken to the side of the tent/wall. The Dover Shores homes would be to the rear of the wall, left side of this photo, for reference. Two points are readily obvious: the tent has been set-up too far from the wall, and the wall needs to be longer to effectively help control the direct sound. Sound directly behind the wall (in the acoustic shadow we discussed earlier) was well controlled, as one would expect, however, sound, as SMF expected, was emitted to the side of the wall, by the wall being too short. Sound was effectively, going to the side and around the wall. Direct sound from the band was heard in the housing areas. It's indeterminate as to how much was direct energy and how much was refracted energy- likely some of both, but quickly apparent, as we expected, that a lot of direct sound would get to the housing areas. The majority of the sound in the housing areas was from the band equipment and largely- the stage monitors-not so much from the audience sound system. Interesting to also note that the people in the tent enjoying the show could also be heard in the Dover Shores housing areas. What is required, is a wall system closely coupled to the stage, in order to effectively control direct sound at the source. 26 Sound Media Fusion, LLC. 1/25/2016 20 The pictures below illustrate the structure that will be used in tests near the end of December, 2015, for Beach Cities Church services on December 23 and the Dunes New Years Eve event: •�m:.0�,�R��.�,,,„�...���o moo,,,. •enror w.,�n mn:wexe.nN.mo��wrcom. - in 1 l za le zo u u The wall consists of a special acoustic plastic called "Mass Loaded Vinyl", on the rear of the walls, and heavy velour theatrical curtains on the front side. The wall will encompass the entire stage and PA area, as shown, and will help to effectively control sound from the rear of the audience sound system, the stage monitors, as well as the on- stage band equipment. The wall will be effective in controlling all except low frequency energy...the wavelengths of low frequency energy are too long for this wall to be effective- the energy will go around and over the wall. 27 Sound Media Fusion, LLC. 1/25/2016 21 The wall will also help to control some of the acoustic reflections in the tent. At the time of this report, the events have not taken place and as a result, we can't report on effectiveness. SMF does, however, believe it will provide considerable benefit, and allow us to see what other measures are required. Note that this will act to control the direct sound- it does not address potential refraction challenges, as we have discussed early, as sound is still emitted vertically. One of the goals with this test is to try and determine how much of the sound occasionally heard in the Dover Shores area is directly radiated, versus radiation by refraction. How do we control low frequency energy? By limiting the number and kind of low frequency speakers that can be used during an event, and, specifying a low frequency system that is directional-producing a much smaller amount of energy at the rear of the speaker, therefore minimizing the amount of direct energy getting into the housing areas. It has become abundantly clear that the Dunes has to significantly limit the amount of low frequency energy emitted, whether the low frequency energy is emitted via the audience sound system, stage monitors, or band equipment. This type of wall will be effective for events in the tent, as well as large outdoor events. A similar, simplified system will be used for smaller events. The results of the testing will help to determine the exact nature of acoustic barriers. It should be understood that the acoustic design, sound system design and testing is an ongoing process, in order to have maximum noise mitigation. Means of mitigation may employ techniques, in the future, such as noise masking (a means of making the entertainment noise less correlated, thereby rendering it less noticeable) and beam steering (a means of'steering' acoustic energy away from an area)- in order to improve mitigation. It is apparent through our experience and testing, that more aggressive means of noise control are required. 28 Sound Media Fusion, LLC. 1/25/2016 22 Noise Mitigation and Monitoring Plan The City's noise ordinance standards (Chapter 10.26-Community Noise Control) state that the allowable average exterior noise level experienced in a residential area shall not exceed 55 dB(A) for any 15-minute period during the daytime hours of 7:00 a.m. to 10:00 p.m. During the nighttime hours of 10:00 p.m. to 7:00 a.m. the standard is 50 dB(A). The maximum instantaneous noise level that is permitted is 75 dB(A) during the daytime or 70 dB(A) during the nighttime. If the ambient noise level exceeds these standards, then the ambient shall be the standard. This standard will be modified herein, based on our testing, to improve community noise mitigation. Herein, the words 'entertainment' and'event' are used interchangeably, and it is assumed herein that the discussion/requirements apply to amplified sound, although at times, non- amplified acoustic sound needs to be considered as well. At all times the Dunes will employ an engineer to monitor sound, and act as the receiving point for sound complaints. Level 1 Events (less than 1,000 people and/or events employing a small sound system) can employ a qualified Dunes sound monitor. All large events will require a qualified sound monitor with an understanding of measurement technique, sound systems and acoustics, supplied by SMF. The Dunes is to work with SMF, prior to booking entertainment or event, to help insure that entertainment is suitable (acoustically) for the Dunes environment. All Dunes events will utilize sound equipment as specified by SMF. All sound equipment used will be designed by SMF and supplied by the Dunes sound vendor(selected by SMF). No outside sound equipment is permitted, including stage monitors. The Dunes sound vendor will supply a system engineer, solely responsive to the Dunes sound monitor, for all events. The system engineer will be responsible for level control, independent from the entertainments engineer(s). All visiting acts and engineers will be made aware of the fact that the Dunes is in a highly noise sensitive area, and noise control is of paramount importance. Sound sources will point away from the Bay, largely focused to the direction of Pacific Coast Highway. Noise control barriers will be used at all times, as specified by SMF. Allowable venue sound levels are based on the following: 1) At all times reasonably audible noise and measured levels- in the housing areas-take precedence over levels in the venue, as determined solely by the Dunes sound monitor. If, in 29 Sound Media Fusion, LLC. 1/25/2016 g3 the opinion of the Dunes sound monitor, levels need to be adjusted, the Dunes sound engineer must comply, and take all necessary actions to insure reasonably immediate compliance. At no time, in any residential monitoring area, are measured levels to exceed 55 dB, A weighted over an average 15 minute window (Leq 15) from 7 AM to 10 PM, and no higher than 50 dB, A weighted, from 10 M to 2 AM. Sound is not allowed past 11 PM, unless permitted by the conditional use permit or specifically and separately approved by a special event permit. Under no circumstances is sound allowed past 2 AM. 2) As a reference, allowable levels in the venue, measured at a distance of 40 feet from the front of the sound system- left and right and from stage center, are not to exceed averages of 93 dB, Z weighted and at no time shall levels exceed peaks of 100 dB, Z weighted. The Dunes sound monitor has sole discretion as to any allowable increase or variance in SPL. 3) Levels measured 30 feet from the sides and rear of the stage area and/or event area, are not to exceed averages of 85 dB, Z weighted, at any time. 4) If more than one entertainment venue is being used simultaneously with another venue, levels will be adjusted: a. Two entertainers, all levels will be turned down by 3 dB. b. Three entertainers, all levels will be turned down by 5 dB. c. Four entertainers, all levels will be turned down by 6 dB. d. Five entertainers, all levels will be turned down by 7 dB. e. Six entertainers, all levels will be turned down by 8 dB. 5) Levels are inclusive of the audience sound system, stage monitors and band equipment. Level control process is from the Dunes sound monitor to the Dunes systems engineer. Visiting sound engineers, representing the entertainment or event, don't have ultimate level control. 6) The Dunes sound monitor will take readings during sound checks in the housing areas, as well as the venue, in order to determine if additional noise mitigation steps are required. The language in paragraphs one through six, above, must be included in all event/entertainment contracts. 7) Sound systems will be broken down into three basic types: I. For Level 2 and Level 3 events (attendance of more than 1,000 people), a small line array system is to be used in order to control the vertical energy emitted by the system. The exact system detail will be determined at a later date, something such as an 8 box, small format system is expected. The system will fly. The system will be effectively high-passed, to go no lower than 100 Hz. In no case will the system horizontal dispersion be more than 90 degrees per side. The rear of the line array system may require sound blocking material, such as the Mass Loaded Vinyl discussed herein, on page 27. Such barriers are to be provided by the Dunes. 30 Sound Media Fusion, LLC. 1/25/2016 24 Subwoofers will be cardioid in terms of their emitted pattern, in order to minimize rear energy,with the broadband, rear energy at least 10 dB less than front energy. The subwoofer array will consist of no more than 4- 18" drivers per side. Subwoofers will be high-passed at 60 Hz to minimize extreme low frequency energy. Energy emitted by the subwoofers will spectrally match the energy emitted by the line array, and at no time, will the low frequency energy emitted be spectrally unbalanced compared to the line array, using pink noise as a measurement source. Subwoofers will be driven as a system component- not from an aux send, in order to keep the spectral balance and insure low frequency compliance. System set-up tuning will be performed by SMF and will not be adjusted by others at anytime. A sound mitigating structure of the type(s) discussed herein will be used, whether the event is indoor or outdoor, and will consist, at minimum, of the closely coupled structure discussed herein on page 27. Additional acoustic barriers may be specified by SMF, behind drums and guitar rigs. If at all possible, stage monitoring systems will utilize in-ear monitors, in order to minimize stage volume. If stage monitor speakers must be used, the following will apply: -There are to be no side fill monitor speakers used. -Drum monitor system cannot employ a separate subwoofer. -Every effort will be taken to insure that reasonable stage monitor levels will be used. Sound system vendor is to supply an FOH SPL meter of a type specified by SMF, and system engineer will insure compliance at all times, with ultimate authority resting with the Dunes sound monitor, and levels may have to be reduced depending on audible and measured housing area levels. At all times, the System engineer will report directly to, and be responsive to, the Dunes sound monitor. Entertainment providing it's own sound engineer will work in close coordination with SMF and the Dunes sound vendor engineer in order to insure compliance. Levels will be set by the Dunes sound monitor, and controlled by the Dunes system engineer-NOT the entertainment engineer. At all times, the Dunes sound monitor will be the sole determining body for level compliance and the visiting engineer and the Dunes sound vendor engineer will work closely with the Dunes sound monitor to insure compliance. Sound checks/rehearsals will be as short as possible. The Dunes sound monitor will make checks throughout all sound checks/rehearsals and performances. 31 Sound Media Fusion, LLC. 1/25/2016 8.5 II. For Level 2 events (attendance of 1,000 to 5,000 people), a small line array, or, ground stacked three-way system will be used, depending on exact event detail, as determined by SMF. The exact system detail will be determined at a later date. The system will be effectively high-passed,to go no lower than 100 Hz. In no case will the system horizontal dispersion be more than 90 degrees per side. The rear of the speaker system may require sound blocking material, such as the Mass Loaded Vinyl discussed herein, on page 27. Such barriers are to be provided by the Dunes. Subwoofers will be cardioid in terms of their emitted pattern, in order to minimize rear energy, with the broadband, rear energy at least 10 dB less than front energy. The subwoofer array will consist of no more than 2- 18" drivers per side. Subwoofers will be high-passed at 60 Hz to minimize extreme low frequency energy. Energy emitted by the subwoofers will spectrally match the energy emitted by the main array, and at no time, will the low frequency energy emitted be spectrally unbalanced compared to the main system, using pink noise as a measurement source. Subwoofers will be driven as a system component- not from an aux send, in order to keep the spectral balance and insure low frequency compliance. System set-up tuning will be performed by SMF or Dunes sound vendor, on a case by case basis and will not be adjusted by others at anytime. A sound mitigating structure of the type(s) discussed herein will be used, whether the event is indoor or outdoor, and will consist, at minimum, of the closely coupled structure discussed herein on page 27, albeit in a possibly smaller construction, as determined on a case by case basis. Additional acoustic barriers may be specified by SMF, behind drums and guitar rigs. If at all possible, stage monitoring systems will utilize in-ear monitors, in order to minimize stage volume. If stage monitor speakers must be used, the following will apply: -There are to be no side fill monitor speakers used. -Drum monitor system cannot employ a separate subwoofer. -Every effort will be taken to insure that reasonable stage monitor levels will be used. Sound system vendor is to supply an FOH SPL meter of a type specified by SMF, and system engineer will insure compliance at all times, with ultimate authority resting with the Dunes sound monitor, and levels may have to be reduced depending on audible and measured housing area levels. At all times, the System engineer will report directly to, and be responsive to, the dunes sound monitor. 32 Sound Media Fusion, LLC. 1/25/2016 20 Entertainment providing it's own sound engineer will work in close coordination with SMF and the Dunes sound vendor engineer in order to insure compliance. Levels will be set by the Dunes sound monitor, and controlled by the Dunes system engineer-NOT the entertainment engineer. At all times, the Dunes sound monitor will be the sole determining body for levels compliance and the visiting engineer and the Dunes sound vendor engineer will work closely with the Dunes sound monitor to insure compliance. Sound checks/rehearsals will be as short as possible. The Dunes sound monitor will make checks throughout all sound checks/rehearsals and performances. III. For Level I events (attendance of less than 1,000 people), a small ground stacked two or three-way system will be used, depending on exact event detail, as determined by SMF. The exact system detail will be determined at a later date. The system will be effectively high-passed,to go no lower than 90 Hz. In no case will the system horizontal dispersion be more than 90 degrees per side. The rear of the speaker system may require sound blocking material, such as the Mass Loaded Vinyl discussed herein, on page 27. Such barriers are to be provided by the Dunes. Subwoofers will be cardioid in terms of their emitted pattern, in order to minimize rear energy,with the broadband, rear energy at least 10 dB less than front energy. The subwoofer array will consist of no more than 1- 18" driver per side. Subwoofers will be high-passed at 60 Hz to minimize extreme low frequency energy. Energy emitted by the subwoofers will spectrally match the energy emitted by the line array, and at no time, will the low frequency energy emitted be spectrally unbalanced compared to the main system,using pink noise as a measurement source. Subwoofers will be driven as a system component- not from an aux send, in order to keep the spectral balance and insure low frequency compliance. System set-up tuning will be performed by the Dunes sound vendor and will not be adjusted by others at anytime. A smaller, simplified sound mitigating structure of the type(s) discussed herein will be used, whether the event is indoor or outdoor, and will consist, at minimum, of the closely coupled structure discussed herein on page 27. Additional acoustic barriers may be specified by SMF, behind drums and guitar rigs. If stage monitor speakers must be used, the following will apply: -There are to be no side fill monitor speakers used. -Drum monitor system cannot employ a separate subwoofer. 33 Sound Media Fusion, LLC. 1/25/2016 27 -Every effort will be taken to insure that reasonable stage monitor levels will be used. Sound system vendor is to supply an FOH SPL meter of a type specified by SMF, and system engineer will insure compliance at all times,with ultimate authority resting with the Dunes sound monitor, and levels may have to be reduced depending on audible and measured housing area levels. At all times, the System engineer will report directly to, and be responsive to, the dunes sound monitor. Entertainment providing it's own sound engineer will work in close coordination with SMF and the Dunes sound vendor engineer in order to insure compliance. Levels will be set by the Dunes sound monitor, and controlled by the Dunes system engineer-NOT the entertainment engineer. At all times, the Dunes sound monitor will be the sole determining body for levels compliance and the visiting engineer and the Dunes sound vendor engineer will work closely with the Dunes sound monitor to insure compliance. Sound checks/rehearsals will be as short as possible. The Dunes sound monitor will make checks throughout all sound checks/rehearsals and performances. 8) Noise monitoring will address all housing areas potentially impacted by a given event, with specific focus on the Dover Shores housing areas. The primary challenge in the Dover Shores housings areas is the fact that publicly accessible monitoring locations don't necessarily reflect the sound heard by the community, either inside or outside their homes, especially the homes with a rear area close to the water. Our results indicated, on two occasions, with one specific residence, that we could hear and measure more sound at the rear of a home, near the water, than we could hear or measure in normally accessible monitoring areas. The acoustic environment at the area of a home on the water is completely different than the publicly accessible noise monitoring locations we have identified and used This is particularly problematic and will require further discussions. One could assume the solution would be to simply change the maximum housing area noise limits to a lower level to solve this challenge. This won't necessarily solve the problem, as the noise could very well be at different levels depending on refraction (as discussed earlier) and other variables, from one day to another. We believe the best approach is to follow all procedures outlined herein, especially regarding acoustic barriers, in order to asses the situation further. 34 Sound Media Fusion, LLC. 1/25/2016 �'g More testing needs to be performed over time to determine if we can arrive at a reliable correlation between the sound heard and measured at the rear of a home and the sound beard and measured at one of our identified monitoring locations. Our typical monitoring areas are: 1) At Polaris and Evening Star r 2)At Polaris and North Star ♦>. C - �_�$�'s*..: • Ips f� 7 4P i D 'INV, / • 5 a /- 35 Sound Media Fusion, LLC. 1/25/2016 3) At Polaris and Morning Star mow Mcr-nin,g.Star Li- f. G ' amp 4)Near the Dunes Bridge _ _ 1 r I'. r r r Ir Noise is to be monitored at the locations identified above, at a minimum. In addition, noise is to be monitored on Back Bay Road, near the Back Bay Bistro entrance gate. Much work remains to be done, and will consist of: 1) Continuing to listen and monitor to insure compliance. 36 Sound Media Fusion, LLC. 1/25/2016 90 2) Continue to further develop means of acoustic control through noise barriers and other possible means. 3)Work with the Dunes prior to any events,in order to determine the best type of sound system to use, along with appropriate acoustic means of mitigation to be used. 4) Continue to refine the exact type of sound equipment to be used. 5) Continue community communications. We appreciate the opportunity to deliver this report and we wish to express our desire to continue our work. Gary Hardesty, Principal Consultant- Sound Media fusion, LLC. 37 Sound Media Fusion, LLC. 1/25/2016 9:L ATTACHEMENT A 38 Sound Media Fusion, LLC. 1/25/2016 92 The Dunes Newport Beach, California Noise Mitigation Tests September 16, 2015 Sound Media Fusion, LLC. (SMF) Van Nuys, California Gary Hardesty (1) 818-482-0193 Audiomicro42@gmail.com 93 As a first step to true sound mitigation, SMF has worked over the last few weeks with Dunes personnel to create a noise mitigation wall. The wall was designed using steel cargo containers, stacked two high by three long, enabling a wall structure approximately 100 feet long, by 20 feet tall. The intent was for the wall to be placed in the same area, near the berm, as the tent structure is place for shows/stages. The design is such that the bulk of the frequency range of music would be mitigated, to approximately 15 dB, down to a frequency of approximately 120 Hz. behind the wall, and, approximately the same attenuation in the line of sight housing areas. The wall was erected the week of September 14, 2015. The day of September 16, SMF was on site for the set-up and testing. Tests consisted of two identical speaker systems: 1) One placed in the open, facing the housing areas. This was the reference speaker, used to determine a high level of sound, much higher than compliance would allow, in the housing areas, in order to act as a comparative reference. 2) Second placed, in between wall and houses, approximately where it would be placed if the tent and stage were in place for a show...facing the housing areas. This allows a measurement between the reference speakers and the mitigated speakers. 3) Both speaker systems were operated at exactly the same level, with the difference in level between the two equaling the effective mitigation performed by the wall, acting as an acoustic barrier. The intention was to create a worst case scenario, whereby the speakers were facing houses directly, and, were run at a considerably higher level than they would be for a show. Speaker systems were run at 105 d6, measured at a distance of 40 feet. This level was chosen to make the reference speaker noise clearly audible above ambient noise, in the housing areas, for the purposes of this test. In the near filed, measuring the level of sound, using pink noise, and reference frequency sweeps, along with a female voice, showed an attenuation of 16 dB- somewhat better attenuation than was predicted. Effective attenuation was maintained, in the near filed, down to approximately 100 Hz. (note that there were sound leaks between containers and a significant gap between the berm and the first containers, all of which allowed considerable sound to escape). SMF tested at multiple areas in the housing areas. 9-� Findings were such that the wall made the test signals and noise nearly inaudible compared to the highly audible reference speaker sound. Measuring the sound showed the same result: levels were approximately 14 dB lower using the wall. This is a significant test, which shows that using such an acoustic wall can definitely and dramatically improve noise mitigation in the housing areas. Human voice virtually disappeared compared to the reference speaker, which was highly audible. SMF recommends that such a wall be used for all upcoming shows and events. SMF will require more work to be done, which includes sealing the air gaps from container to container, as well as closing the gap with another wall, between the first container and the berm. Such work will further insure improved mitigation, at lower frequencies and overall better mitigation at all frequencies. SMF will also request acoustic absorption material be applied to the container walls facing the tent/stage- in order to avoid sound reflections into other housing areas. For the upcoming Marine Ball, the wall as put in place, is likely sufficient for the event. This testing acts as a first step towards further mitigation work. In addition, SMF will continue to work to: 1. Briefly define the sound systems for the various events (small, medium and large). This will help to control directivity and describe low frequency (bass) mitigation design. 2. Define max SPL levels allowed at: o Front of House (FOH) mix location. 0 75 feet behind, left and right of the stage. 0 200 feet from venue in 4 directions, with the stage at the center. o Nearest housing area or hotel. 3. Review existing noise ordinances and make sure the definitions (above) are below the allowed max levels, to give us some 'headroom' in case of any issues. 4. Define SPL measurement equipment to be placed at the FOH location. 5. Create a document that becomes part of the contract between performers/sound Company and Dunes to ensure agreement with new policies. 6. Act as the noise mitigation expert on site during large events, to properly mitigate noise through communication with FOH sound engineer and listening/monitoring in defined areas. 7. Stakeholder meetings to inform them of the new procedures to start developing trust and provide a direct communication path (if desired). 8. Provide a written and documented report following each major event. It is recommended that SMF be on site for a variety of events, large and small, for at least the next season, in order to further study noise and mitigation required. 95 V� QP �P 9� Attachment No. PC 6 Draft Resolution for Denial 97 V� QP �P 9g RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT UP2015-084 TO ALLOW A SPECIFIED NUMBER OF SPECIAL EVENTS AT THE NEWPORT DUNES RESORT AND MARINA (PA2015-084) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Newport Dunes Resort and Marina, with respect to property located at 1131 Back Bay Drive and 101 Bayside Drive, and legally described as Record of Survey IRS 095 requesting approval of a conditional use permit to allow a specified number of_special events at the subject property. 2. The applicant proposes to conduct up to fourteen (14) Level 2 and 3 events and 500 Level 1 events each year. 3. The subject property is located within the Newport Dunes Planned Community (PC 48) Zoning District and the General Plan Land Use Element category is Park and Recreation (PR). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Park and Recreation (PR). 5. A public hearing was held on February 3, 2016, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Findings and Decision), the Planning Commission may approve a conditional use permit only after making each of the five required findings set forth in Section 20.52.020.F. In this case, the Planning Commission was unable to make the required findings based upon the following: 99 Planning Commission Resolution No. #### Page 2 of 2 1. The Planning Commission determined, in this case, that the proposed conditional use permit to allow up to fourteen (14) Level 2 and 3 events and up to 500 Level 1 events each year on the project site is inconsistent with the legislative intent of Title 20 of the NBMC. 2. The design, location, size, and operating characteristics of the use are not compatible with the allowed uses in the vicinity. In this case, the proposed project would allow 500 events per year without special event permits without sufficient design and operational features to minimize potential noise impacts adjacent residential communities. 3. The proposed number of special events at the proposed site would be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of adjacent residential areas. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit UP2015-021 (PA2015-084). 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF FEBRUARY, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 10-02-2015 100 Planning Commission - February 3, 2016 Item No. 2a Additional Materials Received Newport Dunes Resort Special Events (PA2O15-084) From: Wisneski, Brenda Sent: Wednesday, January 27, 2016 8:46 AM To: Biddle,Jennifer;Alford, Patrick Subject: Fwd: Newport Dunes Resort; Support For Approval of Use Permit No. UP2015-021 (February 4, 2016 Public Hearing) Attachments: No Subject.eml;ATT00001 htm Sent from my iPhone Begin forwarded message: From: "Paul Watkins" <paul(a,lawfriend.com> To: "Kramer, Kory° <kkramer(a�,newportbeachca.gov> Cc: "Wisneski, Brenda" <BWisneski(a,newportbeachca.gov>, "Brandt, Kim" <KBrandt(anewportbeachca. og_v> Subject: Newport Dunes Resort; Support For Approval of Use Permit No. UP2015-021 (February 4,2016 Public Hearing) Dear Chairman Kramer: Please see the attached letter of support concerning the Newport Dunes Resort's application for Use Permit UP2015-021 (February 4, 2016 Public Hearing). Thank you. Sincerely, Paul Paul K. Watkins for Paul K. Watkins, APC 4400 MacArthur Boulevard, Suite 320 Newport Beach, CA 92660-2031 Of Counsel: Self& Bhamre Cell: (714) 403-6408 Telephone: (949) 955-0230 E-Mails: paul(a,lawfriend.com and paul(cr,,watkinsle¢al.com t Planning Commission - February 3, 2016 Item No. 2a Additional Materials Received Newport Dunes Resort Special Events (PA2015-084) LAW OFFICES OF n/'� PAUL F W PROFESSIONAL PAUL K. WATKINS, APC AUTHOR'S E MAIL ADDRESS. r •A PROFESSIONAL Pa 1ltHwatkinsie al cnm or CORPORATION PaulAlawfriend.com Of Counsel SUITE 320 WEBSITE:WATKINSLEGAL.COM SELF&BHAMRE 4400 MACARTHUR BOULEVARD NEWPORT BEACH, CALIFORNIA 92660-2031 CELL(714)403-6408 OFFICE TELEPHONE(949)955-0230 FACSIMILE(949)955-0240 January 27, 2016 Mr. Kory Kramer Chairman Newport Beach Planning Commission 100 Civic Center Drive Newport Beach, Ca. 92660 Re: Newport Dunes Resort Use Permit No. UP2015-021; Newport Dunes Resort Events Dear Chairman Kramer: Newport Dunes Resort will appear before the Commission on February 4 seeking approval of a Conditional Use Permit which would allow the Resort to conduct a fixed number of events with established operating hours and related restrictions. Staff has done its homework on this application. The proposed "Conditions of Approval" reflect a thoughtful and thorough analysis which balances the property owner's use and the important interests of neighbors and the public. How much more efficient this process is than the special event permit process currently required each time an event is scheduled at the Resort. I was particularly impressed by the carefully drafted Conditions concerning sound level monitoring and the associated mitigation program (including the fact that the program may be updated from time to time as conditions merit). The issuance of the CUP is a win-win for the Resort (which has been an outstanding corporate citizen for decades), the Resort users, the neighbors, and the public. I urge the Commission's approval of the CUP as proposed by Staff. Thank you for considering my point of view. Sincerely, Paul K. Watkins for Paul K. Watkins, APC CC Ms. Brenda Wisneski (bwisneski@newportbeachca.gov) Planning Commission - February 3, 2016 Item No. 2b Additional Materials Received Newport Dunes Resort Special Events (PA2015-084) CA4few S. JC*tt k, Jr. 219 Eve� Stow La*L,& Ne wpo, -&4z , GA 92660 Pln% 949.456-0681 Fa.e.S.t,tnn,i - 949.631-6126 February 1, 2016 City of Newport Beach Planning Commission Civic Center Drive Newport Beach, CA 92660 Sent Via: Hand Delivered Dear Planning Commission: We received a notification from The City of Newport Beach on January 27th, that there would be a public hearing held on February 3, 2016 to discuss a conditional use permit application from the Newport Dunes Resort and Marina. My wife Gail and I live directly across from the Dunes Resort. Over the past years we have had to endure the escalating noise level from year-round events that are held there. During the summer as the weather warms there is also a camp that operates from the Dunes. We work at home and have to close our windows and doors during working hours, as the screams and cheers of the attendee's peak. We love families, we raised ours right here, and in fact have eighteen grandchildren, so our complaint does not stem from disliking or being irritated by their voices. Instead it is from what has been allowed to occur in the Back Bay. What was once a quiet neighborhood residential community where families who continue to pay a lot of taxes to the City, lived in quiet harmony. Now we are being bombarded with commercial ventures surrounding our area. Besides the daily noise polluting events that are allowed to be held at the Dunes, people who rent dock space are overnighting on their boats. Their parties go on every night all summer. There have been a number of occasions when we were unable to use our own yards to host quiet dinner parties because our friends could not hear each other speak due to the amplified noise emanating from events at the Dunes or music from the Docks? We cannot leave our windows open at night for proper ventilation because of the loud music and speakers blaring. No matter how many calls we make to the Dunes representatives, if they even answer our calls there is never any resolution to our pleas. Planning Commission - February 3, 2016 Item No. 2b Additional Materials Received Newport Dunes Resort Special Events (PA2015-084) Our concern is that if we allow more events with more attendees with a new Conditional Use Permit, that we will lose more property values. We are already sharing the greatest burden of the airport noise and do not feel that we should have to shoulder more noise than already exists. We have requested numerous times that a City or Dunes representative come to one of our homes and listen to the noise level while an event is being held. Instead we are told that a Noise Specialist is at each event monitoring the level there. We have offered that a sound monitor could be placed in our yard to obtain correct readings from the Dover Shores side. We feel no one in the City is fairly representing us, nor seem to really care about our plight. Some of the basic rights of a homeowner is to be able to use their yards, open their windows and have some peace and quiet. We are considering all options for filing a suit with the City or County. It seems the City of Newport Beach does not think private citizen's rights are as important as commercial ventures. Enough is enough. We askthat you do not allow any additional events to be held at the Dunes and in fact we request that you place greater limits on the amount of events and the number of attendees than currently exist. Si*1y, Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - FEBRUARY 3, 2016 PLANNING COMMISSION — FEBRUARY 3, 2016 ITEM NO. 2c: ADDITIONAL MATERIALS RECEIVED NEWPORT DUNES RESORT SPECIAL EVENTS (PA2015-084) From: Larry Smith [mailto:lsmith@surterreproperties.com] Sent: Tuesday, February 02, 2016 9:30 AM To: Kramer, Kory Cc: Wisneski, Brenda; Steve Rosansky (steve(dnewoortbeach.com); Andrew Theodorou Subject: Newport Dunes CUP Kory Kramer Chair of NB Planning Commission Mr. Kramer, I am unable to attend the PC meeting on 2/3/16 but want to voice my support for the Newport Dunes CUP. It's unreasonable for The Dunes to operate with a special event permit every time they schedule an event. I encourage the Planning Commission to approve a CUP that will enable them to have a fixed number of events on the property with established operating hours and the ability to have amplified music along with those events. The Dunes has been a very good neighbor in the city for many years. As a member of The Commodores Club, I believe that we need to support them as they are an important part of the Newport Beach economy. Thank you for your consideration, Larry I.Smith LARRY I. SMITH Broker Associate T 949.717.7191 > r 949 717.7391 >tid*1158738 www.45aleinThooluffs.com www.SurtarrePropettles.com 1400 Nmpwt Center Orive,Suite 100,Newport 9aerh,CA 92660 €oni.,,...,,��,.d.-If,. ­II.,,.,1,e-, .,1, .nn, .,,, This email is intended solely for the person or entity to which it is addressed and may contain confidential or proprietary information. If you are not the named recipient, or you received this email in error, you are not authorized to copy, print, share, save, or rely upon this email; instead, please contact the sender immediately and delete this email and any attachments. Additionally, in accordance with applicable professional rules and regulations,please understand that any written advice contained in, forwarded with, or attached to this e-mail is not intended or written by the sender of this email to constitute, and must not be used as a substitute for, the advice of licensed engineers, lawyers and accountants. t Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - FEBRUARY 3, 2016 PLANNING COMMISSION — FEBRUARY 3, 2016 ITEM NO. 2d: ADDITIONAL MATERIALS RECEIVED NEWPORT DUNES RESORT SPECIAL EVENTS (PA2015-084) From: Mary]ane Edalatpour [mailto:maryjaneedalatpour(a)me.coml Sent: Wednesday, February 03, 2016 11:43 AM To: Alford, Patrick Subject: Noise at Dunes Resort Dear Mr. Alford, I want to voice my concern about the request for a CUP for amplified events at the Dunes. The noise level over the years at times has been objectionable both day and night. I worry that Newport Beach isn't considering citizens' rights to peace and quiet in and outside their homes. Sound both from the Dunes and the hotel on Jamboree near the Dunes moves with the wind and travels across the bay. It makes life unbearable at times. I therefore request you restrict the activities with accompanying amplified music and shouting to a level unheard by surrounding homes and apartments. I hope the City will cooperate with rights of residents as opposed to those visiting for noisy fun. Sincerely Mary Jane Edalatpour 501 Morning Star Lane Newport Beach, CA 92660 949 642-2811 949 683-6287 cell marvianeedalatpour(a)me.com i Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - FEBRUARY 3, 2016 PLANNING COMMISSION — FEBRUARY 3, 2016 ITEM NO. 2e: ADDITIONAL MATERIALS RECEIVED NEWPORT DUNES RESORT SPECIAL EVENTS (PA2015-084) From: Margo O'Connor [mailto:moconn949Calgmail.com] Sent: Wednesday, February 03, 2016 2:02 PM To: Alford, Patrick Subject: Planning Commission Hearing tonight re Newport Dunes Special Events Wednesday, February 3, 2016 Dear Planning Commissioners: Those of us who live on Linda Isle have written and appeared several times at Planning Commission Hearings and expressed our concerns about the present traffic congestion on Bayside and PCH, and on the Dover Bridge, especially during peak commuting hours. At present, Commuters try to avoid the backed up traffic on PCH by using Bayside Drive to get to the Dover Bridge. It is already difficult at times to exit Linda Isle. In spite of the situation, Projects continue to be approved near this sensitive area (e.g. MarinaPointe, BackBay Landing Project and the Balboa Marina West Project). Upon completion of these projects one can only imagine what the congestion will be on the Dover Bridge or at Bayside and PCH. Therefore, I am extremely concerned about the increase in Special Events allowed at the Newport Dunes Resort. These events are often Evening Events which include cocktails and dining and would most likely be occurring during peak commuting hours. How will the traffic (present plus the additional congestion caused by the above mentioned approved projects) handle one to FIVE thousand attendees - all arriving at about the same time ?? Also, I hope you will consider the safety of drivers, pedestrians and bicyclists when making your decision. We have already had tragic accidents at Bayside and PCH! Thank you, Margo O'Connor 90 Linda Isle P.S. I just learned about tonight's hearing - by chance. Considering how this decision will affect the area near Bayside Drive and PCH, I think that all residents near that intersection should have been notified of this Hearing. No one on Linda Isle received notice of this hearing. Planning Commission - February 3, 2016 Item No. 2f Additional Materials Received Newport Dunes Resort Special Events (PA2015-084) Feb. 3, 2016, Planning Commission Agenda Item Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher( iimmosher(oo)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 2. NEWPORT DUNES RESORT SPECIAL EVENTS (PA2015- 084) In my opinion, the requested action is a clear perversion of the Council-enacted Newport Beach Municipal Code, and therefore beyond the power of the Planning Commission to grant. Title 20 ("Planning and Zoning") indicates that the right to hold special events in all zoning districts is subject to regulation by Chapter 11.03 of the Municipal Code. See, for example, Section 20.26.020 acknowledging the authority of Chapter 11.03 over "Special Events" in the PR ("Parks and Recreation") zoning district ["Special Events' being distinguished from "Accessory Structures and Uses" and "Temporary Uses"], as well as even more emphatically and more generally Section 20.16.050 ("Special Events"). The proposed resolution provides no indication I can find of any authority the Planning Commission has to overturn this Council-enacted scheme by approving a Conditional Use Permit (indeed, if the subject events are regarded as "Accessory Uses"the current code would appear to say that only a Minor Use Permit issued by the Zoning Administrator would be required in the PR district, and in nearly all other districts they would be permitted by right). The staff report, just before the Discussion on page 4 (handwritten 5), makes vague references to "Exempt Activities" in Chapter 11.03 and cites the Planning Commission's 2002 approval of the Hyatt Summer Jazz Series as precedent (see the April 18, 2002, Item 2 staff report resulting in PC Resolution 1557). Not only was the Hyatt approval, unlike the present one, for a very specific, well defined and tightly constrained recurring event, but since 2002 Chapter 11.03 has been added to the Municipal Code and the Planning and Zoning Code has been revised. And Chapter 11.03 is not arbitrary. As indicated in the Item 30 staff report presented when the chapter was introduced for consideration on March 23, 2004, it was the culmination of a multi-year evaluation of the permitting process and clear recommendations to Council. While the intent of the exemption clauses in Section 11.03.020.0 may be open to interpretation, according to the staff report, "Level 1" and the "Bundled Events Permit" option of Section 11.03.040.6 was specifically created to address the recurrent small events at the Newport Dunes and at least 4-5 other venues (see pages 1 and 3 of the 2004 staff report). It was clearly not the Council's intent, nor the public's understanding, that the Planning Commission could subsequently circumvent the Council-enacted procedure whose stated Planning Commission - February 3, 2016 Item No. 2f Additional Materials Received February 3, 2016, PC agenda item 2 comNe*por4irpMg9wiResort SpedfabEvems (PA2015-084) purpose was to streamline the process and reduce costs while keeping the City's many departments informed of special event activities. The purpose of the action being presented to the Planning Commission seems to be to make a deal whereby if the Dunes management limits themselves to fourteen Level 2 and 3 special event permits per year (which will apparently be issued through the normal Council-approved process), they will be pre-approved by the Planning Commission for an essentially unlimited number of Level 1 special events, without restriction as when or where they may occur, without contacting the Recreation and Senior Services Department, without any pre-event notice and without paying the current bundled event permitting fee of$2,656 per 20 events. Again, I do not believe the City Council intended to give the Planning Commission the authority to make such a deal. In 2004 the Council publicly and specifically addressed how they wanted special events at the Dunes to be handled and I think their will should be respected. Among other things, they specifically said "there is no limit as to the number of bundled event permits one venue can apply for in a given year." Should the Commission wish to venture into these waters, I would point out that the Recreation and Senior Services Director's definitions of Levels 2 and 3 are poorly written and not mutually exclusive with Level 1 or with each other. I see no reason to add to that confusion by copying them into the proposed resolution. For the purposes of the resolution, special events are either Level 1 (the definition of which the R&SS Director could, incidentally, change at any time — placing it out of sync with the resolution) or something else. If they are "something else" then the normal procedures of Chapter 11.03 (using whatever the Director's then-current and possibly conflicting definitions may be) apply. But again, since Title 20 clearly defers to Chapter 11.03 for all special events, I don't believe the Planning Commission has the authority to ignore Chapter 11.03's legislative history and tinker with how it works for the Dunes. The only counter-argument to the above would seem to be that even though the resolution refers to them as "special events," the Planning Commission (overriding the Council's 2004 discussion) has decided that special events at the Dunes are not special events, but"accessory uses' typical of a recreational facility. In view of the current Municipal Code, that seems to me to be a very slippery slope. I would point out that although leased to a private operator, the Dunes is technically a County park (see, for example the acknowledgement of that in Section 11.08.055 of our Municipal Code [misspelling "Harry Welch"]). To the best of my knowledge, the City Recreation and Senior Services Department would require special event permits for similar activities at any other park or venue. Why the Dunes should be exempted or distinguished has not been explained. Newport Dunes Resort Special Events Planning Commission Hearing • February 3, 2016 Planning Commission - February 3, 2016 ting AOL 11 8 Introduction � ? a a.C'dt/FORN�P Project Location 1131 Back Bay Drive Conditional Use Permit No . UP2015-021 30-50 Level 1 Special Events/month 30/month Jan-April & Nov 50/month May-Oct & Dec Special event permit required 14 Level 2 and/or Level 3 Special Events/year Special event permit required Noise Mitigation Program 02/03/2016 Community Development Department- Planning Division 2 Planning Commission - February 3, 2016 ting ;1.,,,, 11 84) Project a a.C'dt/FORN�P i' Y , i o� S1�J/1i _ fJ •/ / } EWPOR J �! DUNES (J l 02/03/2016 Community Development Department - Planning Division 3 Planning Commission - February 3, 2016 ting j 8Vicinity Alearial 4) MiThr v.n �y ! (y.4 � O 1 a Dago = t" LINDA ISLE r w.- ;� °ypNrosr o�' kA.....ve ISLAND Or, "'�•7E. .•h- ;L ,t�, BA1310(pq Opp H 9 a 02/03/16 Community Development Department-Planning Division Q Planning Commission - February 3, 2016 Item tsin 2n- Addotonnal UatermQls Presented 2tting 84) Site Plan 1 1 mM q BACK Y m ,.RISM0 .urrauewe .W ®m n�onrlw �uA Mfn lama coer. III/1UI{t i BOAT * *� 0000 pv.ivj STORAGE © m.m Ell LA OON 1 Mwlnrl 1 c CAMPING u Ri'.I.x Ar DOCK `�" r`� ron RENTAL* . a000 ioFr. WATER �e ✓ PARKDAY VSE� l•u• _�* MARKETrax lrYel 4 •rrv. .7 I � f�mll �•� •at�� m IlMllnwnl0 111fof $p enn... •.1 y _ �t11/Af 3 MH UPURTUUNTS �MH (949) 729-3863 Elm" IYM nr ar ®"" varr s MCVIO CO�fTMO:NW�Y 02/03/16 Community Development Department-Planning Division 5 Planning Commission - February 3, 2016 ting Special Events z a a.C'dt/FORNP Permit Required Concerts , sporting events , festivals , fairs , vehicle & boat shows , etc . Issued by Recreation & Senior Services 436 permits issued City-wide (2015 ) ■ Classified as Level 1 , 2 , or 3 02/03/2016 Community Development Department- Planning Division 6 Planning Commission - February1 • r, 9r, Arjrjifirn�:j 11�:ifinri�:flrz PrPQ,�nfimrl ;,t Moot • S ecial Event •4 p Types TABLE 1 Event involves any of these characteristics Duration (Days) Attendance <1000 1000-5000 • • • Road/Travel Lane Closures No Yes Yes Occurs in Public Right-of-Way Requires Traffic Control • Yes Police or Code Enforcement Required . Limited Yes Requires Noise Monitoring No No No ffi . Duration includes setup and breakdown time. 2. Attendance is the estimated total number of attendees over the course of the event. 02/0312016 Community Development Department - Planning Division 7 Special Event • Locations � a lt�q stwind � ^ % Po\ 5 Mvinuig.Star LnIV r Upper N e w p o r t B a y Newpal[ "IK= eay s• ea r If co�Re w 40 41 " Planning Commission - February 3, 2016 Item tsin 2n- Addotonn2l UqferiQls Presented 2t U- ting Number of Event ,,, "IIJ84) Applications No. of Event Applications 180 160 158 155 140 120 100 80 60 40 — 20 — 0 2012 2013 2014 2015* 01/28/16 Community Development Department- Planning Division g Planning Commission - February 3, 2016 ting Events Ili 84) by Month Newport Dunes Resort No. of Applications by Month 2015 40 35 35 30 28 29 25 zo ■No.of Events 16 16 3.5 10 10 6 5 1 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 01/28/16 Community Development Department- Planning Division 10 Planning Commission - February 3, 2016 ting 84) Smize of Events Newport Dunes Resort Estimated No. of Participants 2015 401 -500 500+ 7% 11 % 0-100 301 -400 39% 10% 201 -300 7% 101 -200 26% 01/28/16 Community Development Department- Planning Division 11 Planning Commission - February 3, 2016 ting 84) Days and Times Newport Dunes Resort Special Event Permit Applications 120 2 0 Boa 46 Event End so 61 Time ■AFTER 10:00 PM 60 ■9:00-10:00 PM ■6:00-9:00 PM 0 40 ■6:00:00 PM OR EARLIER 13 20 o SUN-THU FRI-SAT SUN-THU FRI-SAT 2014 2014 2015 2015 01/28/16 Community Development Department- Planning Division 12 Planning Commission - February 3, 2016 Item tsin 2n- Addotonn2l UqferiQls Presented Qt ting New Level 1 lj8 a Breakdown cqC/FORNP Level 1 A Attendance <500 persons Max . 20/month (Jan-Apr & Nov) Max . 35/month ( May-Oct & Dec) Level 1 B Attendance 500-999 Max . 10/month (Jan-Apr & Nov) Max . 15/month ( May-Oct & Dec) 02/03/2016 Community Development Department- Planning Division 13 Pig Sound Curfew ABLE 3 Dates Sunday through Thursday, except on NMUSD holidays and 11 • during NMUSD recesses Weekdays and Weekends on NMUSD holidays and during 1 11 • NMUSD recesses Independence Day (July 41h) 1 1 • 11 • Marine Corps Birthday (November 10th) . 1 • New Year's Eve (December 31St) Planning Commission - February 3, 2016 Item tsin 2n- Addotonn2l NAgferi2is Presented 2t U_ ting 84) Noise Mitigation Protocol Sound attenuation structures Sound monitors City-contracted monitor at large events Dunes monitor at smaller events Sound equipment City consultant-approved Dunes-supplied Dunes sound engineer Receive complaints Control sound levels No independent sound engineers Maximum venue sound levels 01/28/16 Community Development Department- Planning Division 15 Planning Commission - February 3, 2016 Item tsin 2n- Addotonn2l NAaferi2is Presented Qt U-"ting City 84) Noise Consultant SOUND MEDIA FUSION,LLC. Gary Hardesty Gary Hardesty Vaa Nuys,@g91406 audiomicro42 rt✓i gmail.com 818482-0193 NEWPORT DUNES NOISE MITIGATION REPORT Sound Media Fusion AND NOISE MITIGATION PROTOCOL NOVEMBER 30,2015 1 Sm kWw r-.1.LC. 1 292014 01/28/16 Community Development Department- Planning Division 16 r • a ti 4 M I For more information contact: Patrick J.Alford, Planning Program Manager 949-644-3235 PaIford@newportbeachca.gov www.newportbeachca.gov Planning Commission - February 3, 2016 ting 84) owl '4 , ,� !`o 7.— E�} .4 —"I ------------ ) 1. 3}7 •��p��.`.'� } � t Y/i/'i'�aM64 6} '. , . � � �} tit. /}r Y�, ���}� �✓/ �• 1 01/28/2016 Community Development Department-Planning Division 18 Pig Aerial 2 a fit - �— L f71� PA Y s -� — -„G�` _ -•�"� c 2005 Picto retry. Planning Commission - February 3, 2016 ting 84) Event Levels Event involves any of these Level 1A Level 1B Level Level characteristics D 1 1 1-4 4+ Attendance 1 to 499 500 to 999 1000-5000 5000+ 20/mo off 10/mo off NumberMaximum peak peak Max 14 per year w/ SEP 35/mo peak 15/mo peak Police or Code Enforcement Required No No Maybebased SEP es YES, Dunes YES, Dunes Requires - YES, City YES, City Staff* Staff* SoundYES 02/03/2016 Community Development Department- Planning Division 20 Planning Commission - February 3, 2016 Item No. 2h: Additional Materials Presented at Meeting Newport Dunes Resort Special Events (PA2015-084) THE DUNES RESORT =SOUND MITIGATION = SOUND MEDIA FUSION , I. I.C . GARY HARD ESTY FEBRUARY 3 , 2016 Planning Commission - February 3, 2016 Item No. 2h: Additional Materials Presented at Meeting Newport Dunes Resort Special Events (PA2015-084) THIS REPORT SERVES TO BRIEFLY DISCUSS WHAT WE HAVE DONE, OUR FINDINGS AND OUR RECOMMENDATIONS GOING FORWARD. Planning Commission - February 3, 2016 Item No. 2h: Additional Materials Presented at Meeting Newport Dunes Resort Special Events (PA2015-084) findings based on our involvement in 2015: ie Dunes Resort was in compliance based on the ;ipulations in the Wieland Report. t times, music from the Dunes Resort was audible, specially in the low frequency range. onitoring from the publicly accessible Dover Shores cations (illustrated later), provides a reasonable eans of assessing noise as it might be on the rear of house property, as long as consideration is made for ,w frequency energy. Planning Commission - February 3, 2016 Item No. 2h: Additional Materials Presented at Meeting Newport Dunes Resort Special Events (PA2015-084) coustic barriers must be used at all times. ie Dunes Resort must provide the sound systems- sed on my designs. have published a detail study and report based on r work in 2015. • � • � • . . r � ' • . • � � � � � � • ' � � � � i � � • � � � � � � ;E a- y -T 1 ,:7. :. 'Y � ,e � f V � �/�il /�' � '' �� �F / � ry ��/. � ,�L.. [\ //� � + Planning Commission - February 3, 2016 Item No. 2h: Additional Materials Presented at Meeting Newport Dunes Resort Special Events (PA2015-084) At Polaris and North Star _ y •i / � ` � �ti6�ry •� ` J M „ Jalt 4 amp alp Planning Commission - February 3, 2016 Item No. 2h: Additional Materials Presented at Meeting Newport Dunes Resort Special Events (PA2015-084) Near the Dunes Bridge 40 Air jx- r a �a _ cv p _ �' Y1 (r5rL. • Planning Commission - February 3, 2016 Item No. 2h: Additional Materials Presented at Meeting Newport Dunes Resort Special Events (PA2015-084) a result of our study, the following changes have been jade: he Dunes Resort provides all sound equipment and the .ase and design of such systems are under my control in order to improve noise mitigation . Irovide sound systems with limited low frequency apability in order to reduce audibility in housing areas. Irovide acoustic barriers for all events in order to control %.vels in the housing areas. Planning Commission - February 3, 2016 Item No. 2h: Additional Materials Presented at Meeting Newport Dunes Resort Special Events (PA2015-084) S. Highly defined limits for noise on the Dunes Resort stages and venues are now in place. 5. Work with the Dunes Resort prior to any events, in order to determine the best type of sound system to use, along with appropriate acoustic means of mitigation to be used. 3. Continue measurement and monitoring at all events and extending my personal involvement to include large and mid size events. Planning Commission - February 3, 2016 Item No. 2h: Additional Materials Presented at Meeting Newport Dunes Resort Special Events (PA2015-084) ARE EMPLOYING TWO MEANS OF PATH ►DIFICATION IN ORDER TO REDUCE SOUND INTO E DOVER SHORES AREAS : w, 1 ------- --------------- JL-- Planning Commission - February 3, 2016 Item No. 2h: Additional Materials Presented at Meeting Newport Dunes Resort Special Events (PA2015-084) •ENMor wN k nws bsCN NnY. . e + za e zo u Planning Commission - February 3, 2016 Item No. 2h: Additional Materials Presented at Meeting Newport Dunes Resort Special Events (PA2015-084) ' ON GOING WORK: )ntinuing to listen and monitor to insure compliance, nd to reduce audibility in housing areas. )ntinue to further develop means of acoustic ontrol through noise barriers and other possible means. ork with the Dunes prior to any events, in order > determine the best type of sound system to use, along rith appropriate acoustic means of mitigation to be used. )ntinue to refine the exact type of sound equipment > be used. Planning Commission - February 3, 2016 Item No. 2h: Additional Materials Presented at Meeting Newport Dunes Resort Special Events (PA2015-084) THANK YOU