Please hold it down

Barbara Diamond

After more than a year of hearings, surveys and outreach, the City

Council gave preliminary approval March 15 to an updated noise

element of the general plan and amendments to the noise ordinance in

the municipal code.

The element sets the goal of reducing noise in town. The ordinance

amendments are designed to achieve that goal.

“People will now have a vehicle to address their concerns about

noise,” said Norm Grossman, a member of the Planning Commission,

which crafted the proposed element and ordinance for the council. “We

can’t eliminate noise, but we wanted to minimize it.”

Noise is defined by the city as any unwanted sound or sound that

is undesirable -- a definition open to interpretation and that may be

the crux of many complaints.

About 75 people attended an Arts Commission hearing March 14 to

support the Music in the Park Series, which the council had sent back

to the commission to consider residents’ comments about the increased

number of concerts, the amplification, music genre and impact on

neighbors.

“The fact is there is noise and noise can be oppressive,” said

Arnold Hano, a resident of Bluebird Canyon. “Noise is painful and

intrusive in my environment.”

The commission unanimously refused to make changes in the original

proposal.

The council is scheduled to review the Music In the Park proposal

and make a final decision on the noise element and noise ordinance at

the April 5 meeting.

City-sponsored events, including Music In the Park, are exempted

from the noise ordinance.

“This ordinance raises more questions than it answers,” Festival

of Arts neighbor Glenn Schrank said. “Who is responsible for

protecting the rights of the people?”

The ordinance specifically exempts activities under contract or

lease with the city, such as the Pageant of the Masters, or events at

Tivoli Terrace or the Irvine Bowl, on the city-owned festival

grounds, including the Easter Sunrise Service. The Irvine Bowl Policy

Committee controls those activities.

City or school district sponsored events such as the Patriots Day

Parade, the Craft Guild shows and the Bluebird Park concerts are also

exempt, subject to city permits.

Church bells and chimes are not exempt.

Because of unique circumstances, the Sawdust Festival, Art-a-Fair,

the Festival of Arts and the Laguna Art Museum are allowed to do

construction on weekends, including Sundays, a privilege not accorded

to residents, many of whom have no other days for do-it-yourself

projects.

Some noise is not addressed at all in the ordinance. The city has

no control over vehicle noise, unless the vehicles have been

illegally modified. That is state law.

Loud parties and barking dogs are police matters, no matter how

noisy they might be.

Some sections of the ordinance were handled with kid gloves.

“The limitation on loudspeakers was carefully constructed to avoid

violating free speech,” Grossman said. “But it means that any loud

speakers need permits.”

Consultant Vince Mestre was hired to assist the commission with

provisions in the ordinance.

Neighborhoods were surveyed, baselines of existing noise were

established and acceptable limits set.

“The limits or existing ambient noise, whichever is louder, set

the baseline,” Grossman said. “Music in a bar might be louder than

allowed by the limits, but if it is less than the ambient noise --

such as traffic -- it would be allowed.

“The theory is you can’t hear the music because of the louder

sound of the traffic.”

Commission hearings began a year ago. A version of the element was

approved in concept on June 1, and staff was directed to prepare a

noise ordinance and bring both documents back to council.

The Planning Commission reviewed the draft ordinance and

recommended council approval on July 28. The council sent the

ordinance back to the commission on Oct. 19.

A public workshop was held Dec. 8 to solicit input from arts

organizations, downtown merchants and residents.

Two regular hearings were held, on Jan. 26 and Feb. 23.

The updated noise element includes implementation of the goals,

policies and actions. A resolution adopting the Local Coastal Program

amendment and requesting California Coastal Commission certification

will be included in the agenda bill for the second reading of the

adoption of the noise ordinance.

Copies of the ordinance are available to review in the City

Council and City Clerk offices.

* BARBARA DIAMOND is a reporter for the Laguna Beach Coastline

Pilot. She may be reached at (949) 494-4321.