Noise Element and Noise Ordinance Update
City Council Public Hearing - June 6, 2023
1 Background and Context
2 • The Noise Element is one of the mandated
elements, or chapters, of the City’s General Plan
pursuant to state law.
• The Long Beach General Plan Noise Element
was first adopted in 1975 and has never been
updated. Since then, the City’s physical makeup,
population, regional context, and the regulatory
guidance around noise have all changed.
• The Noise Element update process has been
underway since 2017 including robust public
engagement and technical analysis.
3 • The proposed Noise Element update would ensure the City’s policy framework reflects changes in the City’s urban fabric and its soundscape, while identifying new strategies and policies to maintain healthy, livable neighborhoods for all residents. • A broad long-range process that helps inform future land use and development decisions.
• A draft has been made available since June 2019. A revised draft was released in March 2021. The most recent draft was released in October 2022 and made available for public comment until December 1, 2022.
Background and Context (cont.).
Background and Context (cont.)
4 • First Noise Element Study session with
Planning Commission took place in
2017.
• In October 2021, the item was
presented to Planning Commission
(Commission) for adoption. The
Commission directed City staff to
conduct a further study of special
events and regulations around noise
in mixed use areas.
• A revised plan was released for public
review in October 2022.
• Two Commission study sessions took
place in October and December 2022.
• On March 2, 2023, the Commission voted to recommend the Noise Element and related Ordinance amendments to the City Council.
• The Commission took action to modify City staff’s recommendation by splitting the motion into two separate parts.
o The reason for the split vote was because the Commission felt that separate consideration of the Noise Ordinance Update was warranted based on public feedback regarding the desire for it to further address noise generated from special events.
o Based on the Commission’s deliberations related to the fact that special events noise is regulated through a different title of the Long Beach Municipal Code (LBMC) than that which was before the Commission, the Commission ultimately voted to recommend both the plan and the ordinance amendments to the City Council.
Background and Context (cont.)
5 Project Overview
6 • Content and framework for the Noise
Element update is guided by the Governor’s
Office of Planning and Research (OPR)
Guidelines for General Plans.
• Establishes policies that will guide how
noise and land use compatibility are
addressed throughout the City.
• Addresses noise from a range of stationary
sources.
• Mandated by State law to be consistent with
all other General Plan elements (Land Use,
Housing, Mobility, Open Space, Urban
Design).
• Implemented by the City’s Noise Ordinance
(LBMC Chapter 8.80) and through
development project review processes.
Noise Element Chapters
7 1. Vision: A City That Thrives
2. Introduction: What is a Noise
Element?
3. Context: Understanding the Noise
Environment
4. Noise Fundamentals:
Characteristics of Sound
5. Noise Plan: Creating Livable
Environments
6. Administration and Implementation:
Maintaining the Noise Element
“Just as we share the air we breathe, we are submerged in a sea of shared sound. We are all connected by the vibrations we make as we use energy in daily life.”
Bruce Odland and Sam Auinger
Reflections on the Sonic Commons, a Special Section of
the Leonardo Music Journal
Chapter 5: Noise Plan
8 • The Noise Plan identifies strategies
and policies to implement the vision
of a healthy, livable noise
environment in Long Beach.
• The Noise Plan contains a total of 16
strategies and 108 policies.
NOISE
PLAN
Place Type
Characteristics
and Land Use
Compatibility
Mobility
Construction
Special
Events
Environmental
Justice and
Social Equity
Noise
Management
2017-2019
Noise Element Update Public Outreach and Engagement
9 Community Engagement Strategies
• The creation of the project website
dedicated to all Noise Element Update
information and materials.
• Social media outreach with the
hashtag #ListenUpLB. Online
Engagement Tool “Listen Up Long
Beach”.
• City hosted webpage, emails,
Facebook, and Twitter.
• April 2017 Planning Commission Study
Session.
Noise Element Update Public Outreach and Engagement (cont.) 10 Stakeholder Meetings
• Internal and External Stakeholders
• City Departments including the Police
Department, Special Events, Noise
Control Office, Animal Care Services,
Public Works, the Port, the Airport and
local agencies such as the Long Beach
Unified School District
Focus Groups
• Public health professionals,
environmental justice advocates, bar
and restaurant operators, construction
industry representatives.
Environmental health working groups,
and local school students.
Noise Element Update Public Outreach and Engagement (cont.) 11 • October 17, 2018 – The Development
Services Department (DV) held a focus
group on Special Events and Outdoor
Noise.
• May 30, 2019 – DV held the Noise Element
Open House.
• September 26, 2019 – Based on City
Council and Public feedback, a Special
Events Sound Study was conducted and
the results were presented at this meeting.
• DV attended multiple Ocean Residents
Community Association meeting
throughout the multi-year process.
Noise Element Update Process
12 • The draft plan was released in 2019
with revised drafts released in 2021 and
2022.
• Environmental Impact Report (EIR)
review and comment period took place
in 2021.
• The most recent version the October
2022 draft was made available for
public comment from October 14 to
December 1, 2022.
• A spectrum of oral public comments
supporting and opposing the item have
been acknowledged. Individuals who
have provided public input have been
heard, many of whom have been heard
numerous times.
13 Proposed edits to Title 8 Health & Safety, under Chapter 8.80 (Noise) of the LBMC to implement the Noise Element Update.
Proposed Amendments to Title 8, under Chapter 8.80 (Noise) Update Noise District Map for Consistency with Land Use Element PlaceTypes 14 • The 2019 LUE update established mix
ed-use PlaceTypes that delineate
areas that are planned or anticipated
to be more mixed-use in the future.
• Proposed amendments to the Noise
Ordinance include:
o Updates to the boundaries of
Noise District Two (District Two) of
the Noise District Map.
15 8.80.160 Noise District Map – Existing and Proposed
Existing
Proposed
16 Proposed Noise District Map with PlaceTypes
Proposed District Two expansion areas
encompass additional areas that tend
to be:
• High intensity, mixed-use areas
• Serve by transit, function as regional
destinations, and incorporate visitor-
serving uses
Proposed Chapter 8 (Noise Ordinance) Amendments – Exterior Noise Limits 17 Receiving
Land Use
District
Time Period Noise Level**
(dBA)
District One
Predominantly residential with
other land use types also
present
Night: 10:00 p.m. - 7:00 a.m. 45
Day: 7:00 a.m. – 10:00 p.m. 50
District Two
Mixed-use or predominantly
commercial with other land use
types also present
Night: 10:00 p.m. - 7:00 a.m. 55
Day: 7:00 a.m. - 10:00 p.m. 60
District Three Predominantly industrial with
other land use types also
present
Any time 65
District Four Any time 70
District Five
Airport, freeways and
waterways regulated by other
agencies
Regulated by other agencies
and laws
18 Proposed Noise Ordinance Amendments – Interior Noise Limits Receiving Land Use
District Type of Land Use Time Interval
Allowable
Interior Noise
Level (dBA)
All Residential 10:00 p.m.—7:00 a.m.
7:00 a.m.—10:00 p.m.
35 45
All Mixed-Use 10:00 p.m.—7:00 a.m.
7:00 a.m.—10:00 p.m.
45 50
All School 10:00 p.m.—7:00 a.m.
(while school is in session) 45
Hospital, designated
noise sensitive
zones
Any time 40
19 New Proposed Noise Ordinance Amendments
8.80.030 Administration and Enforcement
The noise control program established by this Chapter shall be administered by the noise control office as designated by the City Manager. An official within the noise control office shall be appointed as the Noise Control Officer and shall be a person with sufficient knowledge of environmental acoustics to enforce noise regulations. All departments with noise regulation responsibility may, based on circumstance and need, carry out the duties of the Noise Control Officer to help ensure that noise complaints from the public are timely and adequately addressed. This includes but is not limited to taking noise measurements and acting as a case manager, upon receiving a noise complaint; coordinating with the Noise Control Officer and relevant departments as appropriate based on the circumstance; and conducting other actions necessary to facilitate resolution of the noise complaint. Further, the City is committed to annually reviewing the provisions of this ordinance.
20 Special Events Noise in the Long Beach Municipal Code Special Events are not regulated by the Noise Ordinance under Chapter
8.80. Rather, they are regulated according to their temporary and unique characteristics:
Title 8 Health and Safety,
Chapter 8.80 (Noise)
• 8.80.280 – Exemption—
Entertainment events. The
provisions of this Chapter shall not
apply to occasional outdoor or
indoor gatherings, public dances,
shows and sporting and
entertainment events.
Chapter 5.72 (Entertainment and
Similar Activities)
• Entertainment events are
regulated by Chapter 5.72, where
the permitting process includes
standard conditions as well
as regulates events according to
their temporary and unique
characteristics.
21 Special Events as a Temporary Noise Source
• OPR’s General Plan Guidelines state that the
noise element should address stationary
noise sources such as highways and
freeways, aviation, military, and other
stationary sources identified by local
agencies that contribute to the noise
environment.
• The City does not identify short-term,
temporary, and seasonal special events as
stationary noise sources that consist of
typical noise patterns and contribute to the
existing ambient noise setting.
• Each permitting process event is regulated
according to its temporary and unique
characteristics through the special events.
Future 2040 Traffic Noise Contours (Stationary Noise)
22 Special Events in Planning Documents
• Section 21.53 (Temporary Uses) of the Zoning Code addresses the occurrence of special events, such as carnivals, fiestas, other outdoor exhibition or celebration in certain zoning districts.
• In the Coastal Zone, coastal permitting may be required depending on the location of the special event and timing of the event to ensure the maintenance and preservation of coastal access in accordance with the Coastal Act and the City’s Local Coastal Program.
o City Staff, Office of Special Events and the California Coastal Commission (Coastal Commission) are working together on a Local Coastal Program Amendment (LCPA) to amend language in the Local Coastal Program regarding public events at Alamitos Beach.
o This amendment would introduce policies related to the occurrence of events and best management practices to ensure the policies of the Coastal Act are adhered to. o The City’s Local Coastal Program is a separate document from the Noise Element Update and will have additional opportunities for outreach and public hearings. 23 Special Events in Coastal Zone
• The Coastal Zone is divided into three jurisdictional areas: Coastal Commission Original Permit Jurisdiction, Appealable Area, and City Coastal Zone.
• Areas shown in red are under the permitting authority of the Coastal Commission, which typically includes the sandy beach areas of the City’s coastline. Special events in these areas are required to demonstrate compliance with the Coastal
Commission’s policies for temporary events.
• The Grand Prix is subject to a separate Coastal Commission permit that is renewed on a 5-year basis.
24 Map of Coastal Zone
25 Special Events – Varied Site Venue Layouts
26 Special Events – Varied Site Venue Layouts (cont.)
27 Special Events Noise Study
Special Events and Filming Office conducted a
Special Events Noise Study, at the request of
City Council:
• Evaluated current regulations and
procedures related to noise from special
events.
• Includes case studies on cities with
comparable range of special events.
Key Study Findings:
• Identified additional strategies,
technologies and procedures to explore
as next steps.
• Informed development of Noise Element
Strategy 13 (Special Events) and
associated policies.
28 Special Events Implementation Measures
Outreach, Communication and
Transparency
• Special events public calendar and
notifications
• Permit applications for special
events are circulated to various City
departments for review and
approval with conditions
• After hours events line to respond
to noise complaints
Concert Map – Sound Study Grid
29 Special Events Implementation Measures (cont.)
Sound Mitigation
• Sound readings conducted with
calibrated sound meters
• City staff trained in sound
engineering and conducts regular
sound monitoring and reporting
• Use of sound boxes monitored by a
third party
• Additional sound mitigation such as
acoustical sound barriers
30 Special Events Future Anticipations
• Sound reading available in real time
and visible to the public
• Continue to monitor potential
future mitigation measures as
sound technology advances and
implement as appropriate
31 Environmental Review
• Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the City, as Lead Agency, prepared a Draft and Final Environmental Impact Report (EIR 03-20). • The Draft EIR was released on March 23, 2021, and the public comment period ended on June 14, 2021.
• Recent minor edits made to the Noise Element and Noise Ordinance does not require another Draft EIR re-release for public comment.
32 City Departments with Noise Regulatory Responsibilities https://www.longbeach.gov/health/inspections-and-
reporting/reporting/noise-monitoring
33 Public Hearing Notice
• Notice of this public hearing was published in the Long Beach Press Telegramand Grunion Gazette by May 23, 2023. • Notices were also provided and posted at all City libraries and posted at City Hall. The public hearing notice was posted on the DV Department’s website and distributed through the City’s LinkLB email blast system and Noise Element interested parties list.
34 Recommendation
Recommendation to receive supporting documentation into the record and conclude the public hearing;
Adopt a Resolution approving and certifying the Environmental Impact Report EIR 03-20, State Clearinghouse No. 2019050009 and associated findings;
Adopt a Resolution replacing the current Noise Element with the updated Noise Element of the Long Beach General Plan; and, Adopt an Ordinance implementing associated amendments to the Noise Ordinance, Long Beach Municipal Code Chapter 8.80. (Citywide) Thank you Megan Covarrubias
Planner
Development Services Department
[email protected]
35 36
Response to Common Comments
Common Comment #1. Special events should not be categorized as temporary, but rather stationary noise sources
• Response: Due to the temporary and often seasonal nature of these events, they are not considered representative of typical noise patterns that contribute to the existing ambient noise setting.
Common Comment #2. Standards for noise limits should be added to the Noise Element, in particular as a means for providing enforcement for Special Events • Response: The Noise Element appropriately does not include specific noise limits as the purpose of the General Plan Noise Element is to establish goals and policies related to noise
37 Response to Common Comments Cont
Common Comment #3. Lack of air conditioning in older buildings may inhibit the ability to keep windows closed during certain times of the year. • Response: These standards are based on the requirements of the California Code of Regulations, Title 24. Comments related to the interior noise insulation standards demonstrate concern regarding existing State regulations and the state of existing, older buildings
Common Comment #4. Excessive noise is a hazard to public health per California Health and Safety Code Section 46000
• Response: As stated in Section 4.2.7 of the Draft EIR, the proposed Noise Element includes strategies and policies that are intended to provide protection for land uses from excessive noise and vibration sources, as well as to implement the vision of a healthy, livable noise environment in the City
38 Noise Plan – Example Strategies and Policies
PlaceType Characteristics and Land Use Compatibility
• Strategy No. 1 - Apply site planning and other design strategies to reduce noise impacts, especially within the Founding and Contemporary Neighborhoods, Multifamily Residential—Low and Moderate, and Neighborhood Serving Centers and Corridors – Low and
Moderate PlaceTypes.
o Policy N 1-5. Use urban design strategies such as the use courtyards, paseos, alleys, plazas and open space areas to provide a buffer to noise sensitive uses.
o Policy N 1-6. Encourage project site planning and the location of the various functional spaces within developments to minimize the potential adverse impacts of noise.
39 Noise Plan – Example Strategies and Policies
Environmental Justice and Social Equity
• Strategy No. 15 - Reduce the disproportionate environmental noise burdens affecting low-income and minority populations. oPolicy N 15-2. Requires that proposals for new sensitive land uses incorporate adequate setbacks, barriers, landscaping or other measures as necessary to minimize noise
impacts, particularly in areas of the City that are
disproportionately impacted by noise.