Sebastopol City Zoning Code
17.435 Downtown
Noise Permits
17.435.010 Purpose – Applicability.
The purpose of these provisions is to set forth the requirements and procedures for the review of specified uses requesting to be permitted to periodically exceed the exterior noise standards contained in SMC 8.25.060 on a temporary or occasional basis as provided by Chapter 17.330 SMC. The requirement for a downtown noise permit shall not be required for events sponsored by the City, places of worship, or community nonprofit organizations on land controlled by said organizations or by public agencies. (Ord. 1111, 2018)
17.435.020 Application timing and content, review, monitoring, and enforcement costs.
A. Downtown Noise Permit Application Deadlines. A complete downtown noise permit application must be submitted prior to a proposed event or other activity which would result in periodic exceedances of the exterior noise standards contained in SMC 8.25.060. An incomplete application will not be processed or scheduled for review until all information is submitted in accordance with this chapter.
1. For small events (i.e., 50 people or less anticipated), complete applications must be submitted at least 30 days prior to the event or activity.
2. For large events (i.e., more than 50 people anticipated), complete applications must be submitted at least 45 days prior to the event or activity.
Note: a special event shall not be advertised until the application has been approved by the City.
B. Downtown Noise Permit Content. A complete application must include the following:
1. Downtown noise permit application form with required attachments.
2. Payment of all required application fees, rental fees, costs, and damage deposits.
3. A site plan that identifies the location of proposed noise sources and methods to attenuate noise to the extent feasible.
4. The application must include self-monitoring and reporting to the City of noise levels after each event. The application shall identify the method of verifiable self-monitoring that will be used, and all monitoring shall be conducted in accordance with SMC 8.25.050.
C. Costs associated with any City efforts to provide monitoring and enforcement of the downtown noise permit shall be the responsibility of the applicant and shall include all costs incurred by the City, including actual time, material, and equipment costs. This may include retention of a qualified consultant by the City. A cost estimate will be provided as part of City staff review of the application. A deposit for estimated costs shall be provided prior to the application being considered by the City.
D. All costs associated with the review and consideration of the downtown noise permit application shall be the responsibility of the applicant. This may include retention of a qualified noise consultant by the City. A cost estimate will be provided with initial application review; a deposit for estimated costs shall be provided at the time the application is submitted and is required to complete the application process. (Ord. 1111, 2018)
17.435.030 Term.
A downtown noise permit shall not be effective for more than one year. (Ord. 1111, 2018)
17.435.040 Conditions.
The decision-making body may designate such conditions deemed necessary in order to secure the purposes of this code, and may require such guarantees and evidence that activities are, or will be, consistent with the conditions. (Ord. 1111, 2018)
17.435.050 Findings.
A downtown noise permit may only be granted if the establishment, maintenance or operation of the proposed use applied for: (A) is otherwise permitted under this code, (B) will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or development, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City, and (C) the activity will provide community benefits that outweigh the discomfort or inconvenience experienced by the neighborhood, residents, and by the City generally associated with excessive noise. (Ord. 1111, 2018)
17.435.060 Complaints.
Persons may file an official complaint with the Sebastopol Planning Department in the event that a violation of the permit is suspected. Upon receipt of a complaint, the Planning Director or his designee shall investigate the complaint to determine the location and type of sound. If it is determined that a potential violation exists, the Planning Director or designee, equipped with a sound level meter, shall conduct field surveys when the excessive sound is anticipated. In conjunction with this investigation, the Planning Director shall consider the nature of the complaint, the history of the noise source, and the presence or absence of other complaints. The investigation shall consist of both a measurement and the gathering of data to adequately define the noise problem. Data gathered shall include the following:
A. Nonacoustic data;
B. Type of noise source;
C. Location of noise source relative to complainant’s property;
D. Time period during which noise source is considered by complainant to be intrusive;
E. Duration of noise produced by noise source;
F. Date and time of noise measurement survey. (Ord. 1111, 2018)
17.435.070 Decision-making authority and public notice, public comment, and public hearing requirements.
Refer to Table 17.400-1 for identification of the decision-making authority for approvals and appeals and to Table 17.400-2 for public notice, public comment, and public hearing requirements. (Ord. 1111, 2018)