HomeMy WebLinkAboutC-8336-1 - Reimbursement Agreement for Costs of Providing Sound Monitoring and Reporting ServicesSo]
REIMBURSEMENT AGREEMENT
WITH NEWPORT DUNES RESORT AND MARINA PARTNERSHIP FOR
COSTS OF PROVIDING SOUND MONITORING AND REPORTING SERVICES
THIS REIMBURSEMENT AGREEMENT ("Agreement") is made and entered into
as of this 1st day of August, 2016 ("Effective Date"), by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
NEWPORT DUNES RESORT AND MARINA PARTNERSHIP, a California general
partnership ("Newport Dunes') whose address is 1131 Back Bay Drive, Newport Beach,
California 92660, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. On May 10, 2016, the City Council adopted Resolution No. 2016-60
("Resolution") attached hereto as Exhibit A and incorporated herein by reference,
upholding and modifying in part, the Planning Commission's approval of
Conditional Use Permit No. UP2015-021 ("Conditional Use Permit") to allow a
specified number of special events at Newport Dunes' resort and marina
properties. The Resolution and the Conditional Use Permit require Newport
Dunes to reimburse City for the costs of providing sound monitoring and
reporting services ("Services") by the City's consultant, Sound Media Fusion,
LLC ("Consultant"), or such other consultant that may be selected by City, at both
Level 2 and Level 3 special events.
C. Newport Dunes has provided funds to City as part of its Conditional Use Permit
application, most recently replenishing their deposit account with the City in
January 2016.
D. In addition to the terms of the Resolution and the Conditional Use Permit,
Newport Dunes has further agreed to reimburse City for Consultant's Services at
all of the events taking place on the Newport Dunes' resort and marina
properties.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date and shall
continue until the earlier of the revocation of the Conditional Use Permit, an amendment
of Conditional Use Permit removes the requirement for the Services contemplated
under this Agreement, or the termination of this Agreement by one of the parties as
further set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Newport Dunes is entering into this Agreement with City for the costs and
expenses of City's provision of professional sound monitoring and reporting service by
Consultant for events involving the use of amplified sound.
2.2 Specific Obligations and Rights of City. City shall act as the fiscal agent
by receiving invoices from Consultant for Services rendered, making payments thereon
to Consultant, and collecting reimbursement monies from Newport Dunes pursuant to
the quarterly Reimbursement Schedule attached hereto as Exhibit B and incorporated
herein by reference, or pursuant to any notice issued by City to Newport Dunes, as set
forth herein.
2.3 Specific Obligations and Rights of Newport Dunes. Newport Dunes shall
remit payment for Consultant's Services to City on a quarterly basis pursuant to the
Reimbursement Schedule as set forth in Exhibit B, or pursuant to receipt of any notice
issued by City to Newport Dunes, as set forth herein.
3. REIMBURSEMENT
3.1 Newport Dunes shall reimburse City for Consultant's Services on a time
and expense not -to -exceed basis in accordance with the provisions of this Section and
the Reimbursement Schedule as set forth in Exhibit B. City shall not utilize or provide
any monies other than the funds it receives from Newport Dunes to cover the Services
provided by Consultant.
3.2 Newport Dunes shall remit reimbursement quarterly in advance to City in
order to maintain the minimum amount of Twenty Thousand Dollars and 00/100
($20,000.00) or such other amount as required by City under this Agreement, for
Consultant's Services that may be performed for Newport Dunes over the following
quarter. Newport Dunes' Reimbursement Schedule is set forth in Exhibit B. Newport
Dunes shall maintain these balances quarterly, or within ten (10) calendar days of
receipt of a written notice from City to Newport Dunes to replenish Newport Dunes'
deposit account with the City, up to Twenty Thousand Dollars and 00/100 ($20,000.00).
3.3 Newport Dunes' monies shall only be used to reimburse City for those
Services by Consultant specifically approved in this Agreement, or specifically approved
in writing in advance by Newport Dunes.
4. PROJECT MANAGER
4.1 Newport Dunes shall designate a Project Manager, who shall coordinate
all phases of the Project. This Project Manager shall be available to City at all
reasonable times during the Agreement term. Newport Dunes has designated Andrew
Theodorou to be its Project Manager. Newport Dunes shall not remove or reassign the
Project Manager or assign any new or replacement personnel to the Agreement without
NEWPORT DUNES MARINA, LLC Page 2
the prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of the Project Manager or new or replacement
personnel to the Agreement.
4.2 Newport Dunes shall fully coorperate with Consultant's personnel
assigned to the performance of Services upon Newport Dunes' resort and marina
properties as contemplated by this Agreement.
5. ADMINISTRATION
This Agreement will be administered by the Community Development
Department. City's Planning Program Manager or designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
6. RELATIONSHIP BETWEEN THE PARTIES
It is understood that Newport Dunes shall act in an independent capacity in the
performance of this Agreement and shall not be considered an officer, agent or
employee of City. The manner and means of conducting the Consultant's Services are
under the control of City, except to the extent limited by statute, rule or regulation and
the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute approval for Newport Dunes or any of Newport Dunes' employees or agents,
to be the agents or employees of City. Nothing in this Agreement shall create any
contractual relationship between City and any subconsultant nor shall it create any
obligation on the part of City to pay or to see to the payment of any monies due to any
such subconsultant other than as otherwise required by law. City shall have the
responsibility for and control over the means of Consultant performing the Services,
provided that Newport Dunes is in compliance with the terms of this Agreement.
Newport Dunes shall have no obligation to Consultant under this Agreement.
7. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the reimbursement to be
provided by Newport Dunes under this Agreement shall not be assigned, transferred
contracted or subcontracted out without the prior written approval of City.
8. RECORDS
8.1 City shall keep complete and accurate records and invoices in connection
with this Agreement, Consultant's Services provided, and any costs charged to City for
a minimum period of three (3) years, or for any longer period required by law, from the
date of final payment by Newport Dunes under this Agreement. All such records and
invoices shall be clearly identifiable. City shall allow a representative of Newport Dunes
to examine, audit and make transcripts or copies of such records and invoices during
regular business hours. City shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3) years from
NEWPORT DUNES MARINA, LLC Page 3
the date of final payment by Newport Dunes under this Agreement.
8.2 Newport Dunes shall keep complete and accurate records and invoices in
connection with this Agreement, Consultant's Services provided, and any costs charged
to City for a minimum period of three (3) years, or for any longer period required by law,
from the date of final payment by Newport Dunes under this Agreement. All such
records and invoices shall be clearly identifiable. Newport Dunes shall allow a
representative of City to examine, audit and make transcripts or copies of such records
and invoices during regular business hours. Newport Dunes shall allow inspection of all
work, data, documents, proceedings and activities related to the Agreement for a period
of three (3) years from the date of final payment by Newport Dunes under this
Agreement.
9. INDEMNIFICATION AND HOLD HARMLESS
9.1 General Indemnity and Hold Harmless.
9.1.1 To the fullest extent permitted by law, Newport Dunes shall
indemnify, defend and hold harmless City, its City Council, boards and commissions,
officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from
and against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorneys' fees, disbursements and court costs) of every
kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may
arise from or in any manner relate (directly or indirectly) to any breach by Newport
Dunes of the terms and conditions of this Agreement, any work performed or services
provided by Newport Dunes under this Agreement including, without limitation, defects
in workmanship or materials or Newport Dunes' presence or activities conducted in
connection with the Resolution, Conditional Use Permit(including the negligent,
reckless, and/or willful acts, errors and/or omissions of Newport Dunes, its principals,
officers, agents, employees, vendors, suppliers, consultants, subconsultants, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or
any or all of them.)
9.1.2 Notwithstanding the foregoing, nothing herein shall be
construed to require Newport Dunes to indemnify the Indemnified Parties from any
Claim arising from the sole negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorney's fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by Newport Dunes.
10. NOTICES
10.1 All notices, demands, requests or approvals, including any change in
NEWPORT DUNES MARINA, LLC Page 4
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
10.2 All notices, demands, requests or approvals from Newport Dunes to City
shall be addressed to City at:
City of Newport Beach
Attention: Planning Program Manager
100 Civic Center Drive
Newport Beach, CA 92660
10.3 All notices, demands, requests or approvals from City to Newport Dunes
shall be addressed to Newport Dunes at:
Newport Dunes Resort and Marina Partnership
Attention: Andrew Theodorou
1131 Back Bay Drive
Newport Beach, CA 92660
11. CLAIMS
Newport Dunes and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Newport Dunes shall be required to file any
claim Newport Dunes may have against City in strict conformance with the Government
Claims Act (Government Code sections 900 of seq.).
12. TERMINATION
12.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of five (5) calendar days, or if more than five (5) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within five (5) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
12.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Newport Dunes.
Newport Dunes shall have the right, at its sole and absolute discretion and without
cause, of terminating this Agreement at any time by giving no less than sixty (60)
calendar days' prior written notice to City. In the event of termination under this Section,
City shall pay Consultant for Services satisfactorily performed and costs incurred up to
NEWPORT DUNES MARINA, LLC Page 5
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, and City shall ensure that Consultant delivers to City all
reports, Documents and other information developed or accumulated in the
performance of this Agreement, whether in draft or final form. In the event Newport
Dunes has deposited funds with the City that are not payable to Consultant, such funds
shall be returned to Newport Dunes within ten (10) calendar days of termination of this
Agreement.
13. STANDARD PROVISIONS
13.1 Recitals. City and Newport Dunes acknowledge that the above Recitals
are true and correct and are hereby incorporated by reference into this Agreement.
13.2 Compliance with all Laws. Newport Dunes shall, at its own cost and
expense, comply with all applicable statutes, ordinances, regulations and requirements
of all governmental entities, including federal, state, county or municipal, whether now in
force or hereinafter enacted. In addition, all work prepared by Newport Dunes shall
conform to applicable City, county, state and federal laws, rules, regulations and permit
requirements and be subject to approval of the City.
13.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
13.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein. In the event there are any conflicts or inconsistencies between this Agreement
and any other communication between the parties, the terms of this Agreement shall
govern.
13.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
13.6 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
13.7 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
NEWPORT DUNES MARINA, LLC Page 6
13.8 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
13.9 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
13.10 No Third Party Beneficiaries. This Agreement is entered into by and for
Newport Dunes and the City, and nothing herein is intended to establish rights or
interests in individuals or entities not a party hereto.
13.11 Force Majeure. Except for the payment of money, neither party will be
liable for any delays or other non-performance resulting from circumstances or causes
beyond its reasonable control, including without limitation, fire or other casualty, Act of
God, strike or labor dispute, war or other violence, acts of third parties, or any law,
order, or requirement of any governmental agency or authority other than that of the
parties.
13.12 Modification. Alteration, change, or modification of this Agreement shall
be in the form of a written amendment signed by both parties and approved as to form
by the City Attorney.
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NEWPORT DUNES MARINA, LLC Page 7
IN WITNESS WHEREOF, the parties are signing this Agreement as of the
Effective Date.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I z �O LL
By: l c
Aaron C. Harp s1oo110
City Attorney
ATTEST: r�
Date: 1
By:
Leilani I. B wn
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: /;Z--&-Av
By: V6412a�t
Kimberly Brandt
Community Development Director
NEWPORT DUNES RESORT AND
MARINA PARTNERSHIP, a California
general partnership
By: Newport Dunes Marina, LLC,
California limited liability company
Date: Signed in
un erpart
BV:
Ezra Kest, Manager
Second Street Group, GP, LLC, a
California limited liability company
Date:
Signed In Counterpart
Barry Cayton, Manager
Alta Group GP, LLC, a California limited
liability company
By: Dunes Resort, LP, a California limited
partnership
By: Dunes Resort, LLC, a California
limited liability company
Date:
Signed In oun erpur'
Bv:
Michael Gelfand
Managing Partner
Attachments: Exhibit A — Resolution 2016-60
Exhibit B — Reimbursement Schedule
NEWPORT DUNES MARINA, LLC Page 8
IN WITNESS WHEREOF, the parties are signing this Agreement as of the
Effective Date.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: Date:
in
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
By:
Kimberly Brandt
Community Development Director
NEWPORT DUNES RESORT AND
MARINA PARTNERSHIP, a California
general partnership
By: Newport Dunes Marina, LLC, a
California limited liability company
la
Kest, Manager
rd Street Group, GP, LLC, a
)rnia limited liability company
Date
By:
Barry Cayton, Man ger
Alta Group GP, LLC, a Cali forni imited
liability company
By: Dunes Resort, LP, a California limited
partnership
By: Dunes Resort, LLC, a California
limited liability company
Date:
•-�w._�s ice- ��-'
Attachments: Exhibit A — Resolution 2016-60
Exhibit B — Reimbursement Schedule
NEWPORT DUNES MARINA, LLC Page 8
EXHIBIT A
RESOLUTION 2016-60
NEWPORT DUNES MARINA, LLC Page A-1
RESOLUTION NO. 2016-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, UPHOLDING AND
MODIFYING, IN PART, THE PLANNING COMMISSION'S
APPROVAL OF CONDITIONAL USE PERMIT NO. UP2015-021
TO ALLOW A SPECIFIED NUMBER OF SPECIAL EVENTS AT
THE NEWPORT DUNES RESORT AND MARINA
WHEREAS, an application was filed by Newport Dunes Resort and Marina, with respect
to property located at 1131 Back Bay Drive and 101 Bayside Drive, and legally described as
Record of Survey RS_095_39-43, requesting approval of a conditional use permit to allow a
specified number of special events at the subject property;
WHEREAS, on February 3, 2016, the Planning Commission of the City of Newport held
a public hearing in the Council Chambers located at 100 Civic Center Drive, Newport Beach to
consider Conditional Use Permit UP2015-021. A notice of time, place and purpose of the
public hearing was given in accordance with the Newport Beach Municipal Code ("NBMC").
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing. At the conclusion of the public hearing, the Planning
Commission adopted Resolution No. 2009 approving Conditional Use Permit UP2015-021;
WHEREAS, on February 17, 2016, Council Member Duffy Duffield filed with the City
Clerk a call for review of the Planning Commission's approval of Conditional Use Permit
UP2015-021 on forms provided by the City Clerk;
WHEREAS, on May 10, 2016, the City Council held a public hearing in the City Council
Chambers located at 100 Civic Center Drive, Newport Beach to consider the call for review. A
notice of time, place and purpose of the public hearing was given in accordance with the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council at this
public hearing; and
WHEREAS, pursuant to NBMC Section 20.64.030(C)(3), the public hearing held by the
City Council was conducted "de novo," meaning the public hearing was new and the decision
being appealed had no force or effect as of the date the appeal was filed.
NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
SECTION 1: In accordance with Section 20.52.020(F) of the Newport Beach Municipal
Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan;
Resolution No. 2016-60
Page 2 of 4
Facts in Support of Finding:
Al. The PR (Parks and Recreation) designation applies to land used or proposed for
active public or private recreational use. The project site is an aquatic park and serves
as a venue for festivals, concerts, weddings, parties, and other public and private
events. The use of park and recreational facilities for occasional use as venue is
consistent with the PR designation.
A2. The project site is not located within a Specific Plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding:
81. The PC Zoning District is intended to provide for areas appropriate for the
development of coordinated, comprehensive projects that result in a superior
environment, to allow diversification of land uses as they relate to each other in a
physical and environmental arrangement while maintaining the spirit and intent of the
Zoning Code.
B2. The project site has been used as a venue for public and private gatherings with the
approval of special event permits prior to the establishment of the PC Zoning District
on the project site in 1996.
B3. The project includes conditions of approval to ensure that special events continue to
be incidental and secondary to the principal use of an aquatic park.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity;
Facts in Support of Finding:
Cl. The project site is a 100 -acre aquatic park with facilities for public and private
gatherings including, meeting rooms, pavilions, cabanas, tables and benches, picnic
areas, and restrooms.
C2. The project site contains over 800 parking spaces in the Day Use Parking Lot and 654
parking spaces in the Marina/Overflow Parking Lot, which has been sufficient to
accommodate the largest events.
C3. The project site maintains adequate access from Back Bay Drive via a four (4) lane
access drive.
Resolution No. 2016-60
Paqe 3 of 4
C4. The project is conditioned to implement the Newport Dunes Noise Mitigation Report
and Noise Mitigation Protocol, which establishes noise control protocols for all events
that involve the use of amplified sound, including from portable sound amplification or
music producing devices, to ensure that noise generated by events do not exceed the
City noise standards.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities, and
Facts in Support of Finding:
D1. The project site is an aquatic park with facilities for public gatherings including,
meeting rooms, pavilions, cabanas. tables and benches, picnic areas, and restrooms.
The project site has a past history as a venue for public gatherings, including festivals,
concerts, weddings, parties, and other public and private events.
D2. Adequate public and emergency vehicle access, public services, and utilities are
provided to the project site.
D3. The Public Works Department, Building Division, and Fire Department have reviewed
the project and provided conditions of approval so as to maintain adequate access,
public services, and utilities to the existing development.
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use.
Facts in Support of Finding:
E1. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible.
E2. Level 1 events are routine, one -day events that do not require the presence of City
personnel or traffic control plans, which, under the terms of this permit, will not
endanger, jeopardize, or otherwise constitute a hazard to the public convenience,
health, interest, safety, or general welfare of persons residing or working in the
neighborhood.
E3. Level 2 and 3 events will continue to be required to apply for a special event permits
pursuant to Chapter 11.03 (Special Events) of the Newport Beach Municipal Code.
Such applications will be reviewed the Recreation and Senior Services Department
and other City departments to determine reasonable terms and requirements
necessary for the protection of persons and property.
Resolution No. 2016-60
Pape 4 of 4
SECTION 2: The City Council of the City of Newport Beach hereby upholds and
modifies, in part, the decision of the Planning Commission to approve Conditional Use Permit
UP2015-021, subject to the conditions set forth in Exhibit A, which is attached hereto and
incorporated by reference.
SECTION 3: This project has been determined to be categorically exempt pursuant to
Title 14 of the California Code of Regulations (Section 15323, Article 19 of Chapter 3,
Guidelines for Implementation of the California Environmental Quality Act) under Class 23
(Normal Operations of Facilities for Public Gatherings). The Class 23 exemption consists of the
normal operations of existing facilities for public gatherings for which the facilities were
designed, where there is a past history of the facility being used for the same or similar kind of
purpose. Facilities included within this exemption include, but are not limited to, racetracks,
stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools, and
amusement parks.
SECTION 4: Pursuant to NBMC Section 20.64.030, this resolution supersedes and
repeals Planning Commission Resolution No. 2009.
SECTION 5: The recitals provided above are true and correct and incorporated into the
operative part of this resolution.
SECTION 6: If any section, subsection, sentence, clause or phrase of this resolution is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this resolution. The City Council hereby declares
that it would have passed this resolution, and each section, subsection, sentence, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid or unconstitutional.
SECTION 7: This resolution shall take effect immediately upon its adoption by the City
Council and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 10" day of May, 2016.
ATTEST:
Leilani I. Brown, City Clerk
Attachments: fin/
Exhibit A - Conditions of Approval
Exhibit B - Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. Expiration and Extension. Use Permit No. UP2015-021 shall expire unless
exercised within 24 months from the date of approval as specified in Section
20.91.050 of the Newport Beach Municipal Code (NBMC), or any successor
statute, unless an extension is otherwise granted.
2. Compliance with Conditions. All special events, as defined by NBMC Section
11.03.020, or any successor statute, shall comply with the conditions of this
permit.
3. Special Event Level Defined. Level 1, 2, and 3 special events shall be defined as
follows:
"Level 1 Special Event" shall mean any event:
a. With a duration of one (1) day only;
b. With an attendance of less than one thousand (1,000) persons.
a. Level 1A for special events with an attendance of less than five
hundred (500) persons;
b. Level 1B for special events with an attendance between five
hundred (500) and less than one thousand (1000) persons.
c. Involves no public road or travel lane closures or detours;
d. Requires no traffic control, as determined by the City Traffic Engineer or
the Police Department; and
e. Does not require the presence of City personnel, as determined by the
Code Enforcement Supervisor or the Police Department.
"Level 2 Special Event" shall mean any event:
a. With a duration of up to four (4) consecutive days, including setup and
breakdown; or
b. With a attendance of one thousand (1,000) to five thousand (5,000)
persons over the course of the special event; or
c. Occurs in public right-of-way, except park under reservation; or
d. Requires the limited presence of City personnel, as determined by the
Recreation and Senior Services Director.
"Level 3 Special Event" shall mean any event:
a. With a duration of more than four (4) consecutive days, including setup
and breakdown; or
b. With an estimated attendance of more than five thousand (5,000) persons
over the course of the special event; or
c. Involves public road or travel lane closures or detours; or
d. Requires traffic control, as determined by the City Traffic Engineer or the
Police Department; or
e. Requires the presence of City personnel, as determined by the Code
Enforcement Supervisor or the Police Department; or
f. Requires noise monitoring by the City, as determined by the Code
Enforcement Supervisor.
4. Number of Level 1 Special Events Permitted. The applicant shall be permitted to
conduct the following number of special events during the months specified and
each year:
MAXIMUM NUMBER OF LEVEL 1 SPECIAL EVENTS PERMITTED
As of the Effective
As of the Effective
Date
Date + 1 Year
Max. Level 1 S ecial Events Per Month
_ May —
Jan.
Jan'
May —
SPECIAL EVENT LEVEL
October
April and
April and
October
I November and
December
November
and
December
Level 1A 1-499persons)
10
18
20
35
Level 1 B 500-999persons)
5
7
10
15
MAXIMUM LEVEL 1 SPECIAL
250
500
EVENTS PERMITTED EACH YEAR
The maximum number of Level 1A special events may be increased with a
corresponding reduction in the maximum number of Level 1 B special events.
5. No Permit Required for Level 1 Special Events. Level 1 special events authorized
by, and in compliance with the conditions of, this Conditional Use Permit shall be
exempt from the permit requirements of Chapter 11.03 NBMC, or any successor
statute.
6. Number of Level 2 and 3 Special Events Permitted. The applicant shall be
permitted to conduct a maximum of fourteen (14) Level 2 and/or Level 3 special
events each year with the approval of a special event permit in accordance with
Chapter 11.03 NBMC, or any successor statute.
7. Advance Notice of Level 1 Special Events. The applicant shall notify the
Community Development Department of all Level 1 special events authorized by
Condition No. 4 of this permit a minimum of six (6) days prior to the special
event. Traffic control measures, as determined by the City Traffic Engineer, shall
be implemented to address concurrent special events, if deemed necessary by
the Public Works Director.
8. Monthly Special Event Monitoring Report. The applicant shall submit a monthly
report of all Level 1, 2, and 3 special events conducted on the project site to the
Community Development Department to monitor the number of special events
and verify compliance with the conditions of this permit. The report shall be
submitted on or before the 15`h day of the following month in a form approved by
the Community Development Department, which shall include the following
information:
a. The special event title;
b. A general description of the special event;
C. The general location of the special event on the project site;
d. The date, start time and duration of the special event.
e. The estimated daily attendance; and
d. A description of any sound amplification equipment.
9. Hours of Operation. The use of amplified sound shall not begin before 7:00 a.m.
on weekdays and Saturdays and 8:00 a.m. on Sundays and federal holidays.
The use of amplified sound and special events shall cease at the following times:
Latest
Latest
Amplified
Special
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.
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
Newport Mesa Unified School District (NMUSD) holidays and recesses shall be
determined by the current official calendar approved by the NMUSD Board of
Education.
The special event end time shall mean the time when the special event activities
have ceased and all attendees have exited the site. The special event end time
does not include post -event clean-up and breakdown.
Any special event involving the use of amplified sound outside of time limits
prescribed above shall require a special event permit in accordance with Chapter
11.03 NBMC.
10. Sound Level Monitoring and Mitigation. The use of amplified sound shall comply
with the Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol
attached hereto as Exhibit "B" to ensure that sound generated by the project site
does not exceed the noise standards of Chapter 10.26 NBMC.
The Newport Dunes Noise Mitigation Report and Noise Mitigation Protocol may
be updated from time to time at the request of, and subject to the approval of, the
Community Development Director. Any substantial changes to mitigation
measures shall be reviewed and approved by the Planning Commission prior to
implementation.
11. City Monitoring. A City sound monitor shall be required at all special events
involving amplified sound, unless waived by the Community Development
Director.
12. Professional Sound Monitoring and 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 special events
involving the use of amplified sound. The form of the agreement shall be
determined by the City Attorney's office.
13. Compliance with Noise Control Requirements. All noise generated by special
events on the project site shall comply with the provisions of Chapter 1026 and
other applicable noise control requirements of the Newport Beach Municipal
Code.
14. Insurance. The applicant shall provide one million dollars ($1,000,000) general
liability insurance naming the City of Newport Beach as additionally insured.
15. Licenses. The applicant shall complete the Special Events Temporary Business
License Application and collect the apportioned business license from each
vendor, exhibitor or other service provider and remit the payments to the City
prior to the special event date.
16. Permits and Inspections.
a. The applicant shall obtain any applicable City permits and inspections for
the installation of temporary structures, stands, platforms, stages and
stage lighting rigs over thirty (30) inches in height from grade, all tents and
temporary membrane structures having an area in excess of four hundred
(400) square feet, and the use and storage of portable liquefied petroleum
gas containers.
b. The applicant shall provide plans, details and specifications with
calculations, to the Building Division for plan review and approval, at least
thirty (30) days prior to the special event. Such plans shall be stamped
and signed by a licensed engineer in the State of California. The following
note shall be provided on the plans: "Engineer shall perform site
observations during the construction and shall provide a letter to the City
building inspector stating the temporary buildings, stands, platforms,
stages and stage lighting rigs are installed per code and satisfactory to be
used for their intended purpose."
C. The applicant shall allow City officials access for inspections in order to
determine compliance with City codes, any approved permit and/or any
conditions of approval.
d. The applicant shall comply with all lawful orders and requirements of the
principal building inspector.
17. Outside Agencies.
a. Any food service to comply with Orange County Health Department
requirements.
b. Any alcoholic beverage service shall comply with Alcoholic Beverage
Control requirements.
18. Settlement Agreement. All special events shall comply with the terms of the
Newport Dunes Settlement Agreement, as amended.
19. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
20. The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use may be cause for
revocation of this Use Permit.
21. Within one (1) year of the effective date of this Conditional Use Permit, the
Planning Commission shall review this Conditional Use Permit to determine
compliance with the conditions of approval and the effectiveness of the Newport
Dunes Noise Mitigation Report and Noise Mitigation Protocol.
22. This Conditional Use Permit may be modified or revoked by the Planning
Commission should they determine that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health,
welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance.
23. Any change in operational characteristics, expansion in area, or other
modification to the approved plans, shall require an amendment to this
Conditional Use Permit or the processing of a new Conditional Use Permit.
24. All noise generated by the proposed use shall comply with the provisions of
NBMC Chapter 10.26, or any successor statute, and other applicable noise
control requirements of the Newport Beach Municipal Code. The maximum noise
shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher:
25. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
Newport Dunes Resort Events including, but not limited to, the Conditional Use
Permit No. 2015-021 This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or
Between the hours of
Between the hours of
10:00 p.m. and 7:00
7:00a.m. and 10:00 p.m.
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
45d BA
60dBA
45dBA
50dBA
Commercial Property
N/A
I 65dBA
N/A
60dBA
25. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
Newport Dunes Resort Events including, but not limited to, the Conditional Use
Permit No. 2015-021 This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or
bringing such proceeding. The applicant shall indemnify the City for all of City's
costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
EXHIBIT B
SOUND MEDIA FUSION, LLC.
Gary Hardesty
Van Nuys, CA 91406
audiomicro42@gmail.com
818-482-0193
NEWPORT DUNES NOISE MITIGATION REPORT
AND NOISE MITIGATION PROTOCOL
NOVEMBER 30, 2015
I Sound Media Fusion. LLC. 1/25/2016
Sound Media Fusion, LLC. (SMF) was brought on board earlier this year, to study and
implement effective noise mitigation and monitoring plans and procedures for the Dunes
and local housing areas.
Early on, the Wieland Report was brought to the attention of SMF, as the document of
reference for monitoring Dunes related noise.
We have found the Wieland Report ('Report') to be generally useful, and it was used as our
starting point in reference to previous mitigation work and general sound levels.
It is our opinion that the Report did not go far enough in addressing the more technical
issues at hand and how to solve the challenges.
This report serves to pick up where the Wieland Report lett 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
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 evenjust 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
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 I 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
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 (1 128 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
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 I lertz (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
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
Key to our understanding of the basics is how we hear sound.
"The best and most beautiful thing in life cannot be seen, not touched, but are felt in the
heart."
This quote by Hellen Keller demonstrates the keen sense of her world and the world around
her, which most of us take for granted. We as people are often preoccupied with our own
lives and responsibilities to recognize the simple beauty in things we see and hear in our
everyday lives.
Hearing is perhaps the one sense we take for granted the most. We often do not realize the
different sounds that flood our ears on minute -to -minute bases. Also, the complex concept
of sound and hearing is usually taken for granted.
We simply assume that our ears and brains are doing their jobs to allow us to hear, and we
do not give it a second thought.
The human ear is an exceedingly complex organ. To make matters even more difficult, the
information from two ears is combined in a perplexing neural network, the human brain.
Keep in mind that the following is only a brief overview; there are many subtle effects and
poorly understood phenomena related to human hearing.
Figure 22-1 illustrates the major structures and processes that comprise the human ear. The
outer ear is composed of two parts, the visible flap of skin and cartilage attached to the side
of the head, and the ear canal, a tube about 0.5 cm in diameter extending about 3 cm into the
head. These structures direct environmental sounds to the sensitive middle and inner ear
organs located safely inside of the skull bones. Stretched across the end of the ear canal is a
thin sheet of tissue called the tympanic membrane or ear drum. Sound waves striking the
tympanic membrane cause it to vibrate. The middle ear is a set of small bones that transfer
this vibration to the cochlea (inner ear) where it is converted to neural impulses. The
cochlea is a liquid filled tube roughly 2 mm in diameter and 3 cm in length. Although
shown straight in Fig. 22-I, 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 terns, 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
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
outer
car
ear
�
I I Illillll
tympamc membrane
(ear drum)
oval window cochlea basilar
r sound waves membrane
1 Z / m liquid ,
tv�
middle kq enc fie4oeacY Bequeacy
mi bones detection detection detection
FIGURE 22-1
Functional diagram of the human ear. The outer ear collects sound waves from the environment and channels
them to theanic membrane (ear drum), a thin shat of tissue that vibrates in od¢ouiratiou with the air
wavefmm. t middle ear bones (hammer, anvil and stirrup) transmit these vibra(ions to the oval window, a
fknblemembtaneinthe ffiridflledcochlea. Contained within the cochlea isthebsmlarmembra rgthea
structure for about 12,000 new cells that form the cochlear nerve. Due to the varying diffivess of the basilar
membrane, each nerve cell only responses to a narrow range of audio frequencies, mating die ear a frequency
spectrum analyzer.
The difference between the loudest and faintest sounds that humans can hear is about 120 dB. a
range of one -million in amplitude. Listeners can detect a change in loudness when the signal is
altered by about 1 dB (a 12% change in amplitude). In other words, there are only about 120
levels of loudness that can be perceived from the faintest whisper to the loudest thunder. The
sensitivity of the ear is amazing; when listening to very weak sounds, the ear drum vibrates less
than the diameter of a single molecule!
The perception of loudness relates roughly to the sound power to an exponent of 1/3. For
example, if you increase the sound power by a factor of ten.. listeners will report that the
loudness has increased by a factor of about two (101 /3 = 2). This is a major problem for
eliminating undesirable environmental sounds, for instance, the beefed-up stereo in the next
door apartment. Suppose you diligently cover 99% of your wall with a perfect soundproof
material, missing only I % of the surface area due to doors, corners, vents, etc. Even though the
sound power has been reduced to only 1 % of its former value, the perceived loudness has only
dropped to about 0.0 11/3 z 0.2, or 20%.
The range of human hearing is generally considered to be 20 Hz to 20 kHz, but it is far more
sensitive to sounds between I kHz and 4 kHz. For example, listeners can detect sounds as low
as 0 dB SPL at 3 kHz, but require 40 dB SPL at 100 Hertz (an amplitude increase of 100).
Listeners can tell that two tones are different if their frequencies differ by more than about 0.3%
at 3 kHz. This increases to 3% at 100 hertz. For comparison, adjacent keys on a piano differ by
about 6% in frequency.
10 Sound Media Fusion, LLC. 1/25/2016
TABLE 22-1
[:nits of sound intensity. Sound
intensity is expressed as powerper
unit area (such as watts•cml), or .3
mon commonly on a logarithmic
scale called decibels SPL. As thi.
table shoat, human hearing Is the m
most sensitive between 1 kHz and
4 kHz.
Watisitw' I Deubels SPL I Example sound
10'
140 dB
Pain
10
130 dB
104
120 dB
Discomfort
10-'
110 dB
Jack hammers androck concerts
104
100 dB
10-'
90 dB
OS11A limit for industrial noise
104
80 dB
104
70 dB
1040
60 dB
Normal conversation
104E
50 dB
1045
40 dB
Weakest audible at 100 hertz
1043
30 dB
10-4
20 dB
Weakest audible at lOkHz
10-"
lodB
10-M
0 dB
Weakest audible at 3 kFL-
104'
-10 dB
10.11
-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 tum 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!
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While human hearing can determine the direction a sound is from, it does poorly in
identifying the distance to the sound source.
This is because there are few clues available in a sound wave that can provide this
information.
Human hearing weakly perceives that high frequency sounds are nearby, while low
frequency sounds are distant.
This is because sound waves dissipate their higher frequencies as they propagate long
distances.
Echo content is another weak clue to distance, providing a perception of the room size.
For example, sounds in a large auditorium will contain echoes at about 100 millisecond
intervals, while 10 milliseconds is typical for a small office. Some species have solved this
ranging problem by using active sonar.
For example, bats and dolphins produce clicks and squeaks that reflect from nearby objects.
By measuring the interval between transmission and echo, these animals can locate objects
with about 1 cm resolution.
Experiments have shown that some humans, particularly the blind, can also use active echo
localization to a small extent.
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What really happens to sound as it travels through the atmosphere, encountering
atmospheric disturbances as well as Earth -based disturbances?
Sound is `distorted' as it travels through space by many factors.
Sound propagation is shaped by the atmosphere like a lens shapes light rays. The "bending"
of sound rays occurs because of changes in the speed of sound. The speed of sound is a
function of an air -density parameter called virtual temperature and is also affected by the
wind vector. If the speed of sound in a certain direction, for example, increases with height,
any loud noise is "focused" toward a surface area distant from the sound source.
Sound propagation, therefore, in the real atmosphere is constantly changing, much like the
stars "twinkle" (scintillate) at night. Upper -air measurements are needed to characterize
such propagation.
---
\topographically modified atmosphere
refraction
due to gradients of wnd reflection
and temperature scattering
at ground, hutldngs, forests, Ac
due to ;tnwsphenc turnulence
diffraction \
at ohstacks rbutldmgs
screens. Mrs) m
L_ �m
obstaens, etc)
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
Diffraction is normally taken to refer to various phenomena which occur when a wave
encounters an obstacle. It is described as the apparent bending of waves around small
obstacles and the spreading out of waves past small openings... it is the bending of sound
waves, as the sound travels around edges of geometric objects.
This produces the effect of being able to hear even when the source is blocked by a solid
object.
The sound waves bend appreciably around the solid object.
However, if the object has a diameter greater than the acoustic wavelength, a'sound
shadow' is cast behind the object where the sound is inaudible. (Note: some sound may be
propagated through the object depending on material).
Acoustical diffraction near the Earth's surface:
In the case of sound waves traveling near the Earth's surface, the waves are diffracted or
bent as they traverse by a geometric edge, such as a wall or building. This phenomenon
leads to a very important practical effect: that we can hear "around corners".
Because of the frequencies involved considerable amount of the sound energy (on the order
of ten percent) actually travels into this -would be- sound "shadow zone".
Visible light exhibits a similar effect, but, due to its much higher frequency, only a minute
amount of light energy travels around a 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
The acoustically relevant meteorological parameters are in turn subject to topographical
influences such as...
-Flow around or over hills, buildings, obstacles, etc.,
-Thermal circulations such as slope winds, sea breezes, etc.,
-Wake turbulence.
sound propagation in the atmosphere
temperature
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diffraction
15 Sound Media Fusion, LLC. 1/25/2016
path Additional
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suppose you bought a
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look`ng at the seatng chart and
wound uo stung behind n largo post.
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qu to well because the wavclengths of
sound arc long onougr to bend around
the pose.
16 Sound Media Fusion, LLC. 1/2512016
stere•
If ycw were outs4e an
Wen door, you cold stl+I
hear because the sound
would Wead out Irom
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'you %vre several wavelengths
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faster sound
speed
Cool air
slower sound
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around post
suppose you bought a
concert Irket without
look`ng at the seatng chart and
wound uo stung behind n largo post.
You would be able to hea, the concert
qu to well because the wavclengths of
sound arc long onougr to bend around
the pose.
16 Sound Media Fusion, LLC. 1/2512016
stere•
If ycw were outs4e an
Wen door, you cold stl+I
hear because the sound
would Wead out Irom
the small opvitng
as d it were a
lwaved sourre
(3 of sound,
\l
Diffraction
past small
op .ring.
'you %vre several wavelengths
o'sound pas' iM post. you wouId
not be able to dwoct the proserce
0 the post troT the naauro of the
sound.
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
0
o -10
0-20
-30
-40
-50
10 100 1000 10k I 00
A -weighting (blue) a (yellow}, C (red), and D-we�ghlmg (hlk)
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
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 3 LSHz 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
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. LI.C. 1/25/2016
Below is another reminder to illustrate various sound and the associated approximate levels:
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20 Sound Media Fusion, LLC. 1/25/2016
MtxskMestyle
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:
Warsner air.
If the air above the earth is faster sound
— ed
warmer than that at the surface, Spe
cool aft
sound will be bent back
downward toward the surface by Brower sound
refraction.
Soprce n she t —�
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
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
Here is an overview of the area under discussion:
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
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
Recently, we did the first in a series of actual acoustic tests involving a noise mitigation wall:
The simplistic wall is made of stacked steel shipping containers. Please see the detail report as
Attachment A, at the end of this document.
Note that such a wall must be much longer to be truly effective (and possibly taller as well),
AND, it does not address the refraction effects we have discussed earlier- this wall can only
affect direct sound, and as we have discussed, this is not enough.
25 Sound Media Fusion, LLC. 1/25/2016
The next test we did involved using an actual band, in the tent, with the wall, as above, in place:
The picture is taken to the side of the tent/wall, The Dover Shores homes would be to the rear of
the wall, left side of this photo, for reference.
Two points are readily obvious: the tent has been set-up too far from the wall, and the wall
needs to be longer to effectively help control the direct sound.
Sound directly behind the wall (in the acoustic shadow we discussed earlier) was well controlled,
as one would expect, however, sound, as SMF expected, was emitted to the side of the wall, by
the wall being too short. Sound was effectively, going to the side and around the wall.
Direct sound from the band was heard in the housing areas. It's indeterminate as to how much
was direct energy and how much was refracted energy- likely some of both, but quickly apparent,
as we expected, that a lot of direct sound would get to the housing areas.
The majority of the sound in the housing areas was from the band equipment and largely- the
stage monitors- not so much from the audience sound system.
Interesting to also note that the people in the tent enjoying the show could also be heard in the
Dover Shores housing areas.
What is required, is a wall system closely coupled to the stage, in order to effectively control
direct sound at the source.
26 Sound Media Fusion, LLC. 1/25/2016
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:
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
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
Noise Mitigation and Monitoring Plan
The City's noise ordinance standards (Chapter 10.26 -Community Noise Control) state that the
allowable average exterior noise level experienced in a residential area shal I not exceed 55
dB(A) for any 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 thestandard.
This standard will be modified herein, based on our testing, to improve community noise
mitigation.
Herein, the words 'entertainment' and 'event' are used interchangeably, and it is assumed
herein that the discussion/requirements apply to amplified sound, although at times, non -
amplified acoustic sound needs to be considered as well.
At all times the Dunes will employ an engineer to monitor sound, and act as the receiving point
for sound complaints.
Level 1 Events (less than 1,000 people and/or events employing a small sound system) can
employ a qualified Dunes sound monitor. All large events will require a qualified sound
monitor with an understanding of measurement technique, sound systems and acoustics, supplied
by SMF.
The Dunes is to work with SMF, prior to hooking 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
the opinion of the Dunes sound monitor, levels need to be adjusted, the Dunes sound
engineer must comply, and take all necessary actions to insure reasonably immediate
compliance. At no time, in any residential monitoring area, are measured levels to exceed 55
dB, A weighted over an average 15 minute window (Leq 15) from 7 AM to 10 PM, and no
higher than 50 dB, A weighted, from 10 M to 2 AM. Sound is not allowed past I 1 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:
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
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
11. 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 rcquire 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
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.
Ill. 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
-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, 1.1,C. 1/25/2016
More testing needs to be performed over time to determine if we can arrive at a reliable
correlation between the sound heard and measured at the rear of a home and the sound heard and
measured at one of our identified monitoring locations.
Our typical monitoring areas are:
1) At Polaris and Evening Star
2) At Polaris and North Star
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35 Sound Media Fusion, LLC. 1/25/2016
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35 Sound Media Fusion, LLC. 1/25/2016
4) Near the Dunes Bridge
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
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
AT ACHE1i ENT A
38 Sound Media Fusion. LLC. 1/25/2016
The Dunes
Newport Beach, California
Noise Mitigation Tests
September 16, 2015
Sound Media Fusion, LLC. (SMF)
Van Nuys, California
Gary Hardesty
(1)818-482-0193
Audiomicro42@gmaii.com
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 de, down to a frequency of approximately 120 Hz. behind the wall, and,
approximately the same attenuation in the line of sight housing areas.
The wall was erected the week of September 14, 2015.
The day of September 16, SMF was on site for the set-up and testing.
Tests consisted of two identical speaker systems:
1) One placed in the open, facing the housing areas. This was the reference speaker, used to
determine a high level of sound, much higher than compliance would allow, in the housing
areas, in order to act as a comparative reference.
2) Second placed, in between wall and houses, approximately where it would be placed if the
tent and stage were in place for a show ... facing the housing areas. This allows a
measurement between the reference speakers and the mitigated speakers.
3) Both speaker systems were operated at exactly the same level, with the difference in level
between the two equaling the effective mitigation performed by the wall, acting as an acoustic
barrier.
The intention was to create a worst case scenario, whereby the speakers were facing houses directly,
and, were run at a considerably higher level than they would be for a show.
Speaker systems were run at 105 dB, measured at a distance of 40 feet. This level was chosen to
make the reference speaker noise clearly audible above ambient noise, in the housing areas, for the
purposes of this test.
In the near filed, measuring the level of sound, using pink noise, and reference frequency sweeps,
along with a female voice, showed an attenuation of 16 dB- somewhat better attenuation than was
predicted.
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.
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.
o 75 feet behind, left and right of the stage.
o 200 feet from venue in 4 directions, with the stage at the center.
c 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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2016-60 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 10`" day of May, 2016, and that the same
was so passed and adopted by the following vote, to wit.
AYES Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon
NAYS: None
ABSENT: Mayor Dixon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 11'" day of May, 2016.
Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)
EXHIBIT B
REIMBURSEMENT SCHEDULE
SCHEDULE OF PAYMENTS BY NEWPORT DUNES TO CITY
Fiscal Year, Quarter:
Date Due to City:
Reimbusement Amount to
Be Maintained:
FY 2016, Fourth Quarter
October 1, 2016
$20,000.00
FY 2017, First Quarter
January 1, 2017
$20,000.00
FY 2017, Second Quarter
April 1, 2017
$20,000.00
FY 2017, Third Quarter
July 1, 2017
$20,000.00
NEWPORT DUNES MARINA, LLC Page B-1