Consent 1.F.
Regular City Council Meeting
- Meeting Date:
- 06/13/2016
- TITLE
- Summer "Soulstice" Noise Waiver
- PRESENTED BY:
- David Mumford
- Department:
- Public Works
Presentation:
PROBLEM/ISSUE STATEMENT
The Summer "Soulstice" event is planned for Monday, June 20, 2016 and includes fire dancing in the street. BMCC Chapter 17 limits the amount of noise that any activity may create, with lower limits after 8:00 p.m. The Code allows staff to issue noise waivers for special events or circumstances. The BMCC states:
The event organizer applied for a noise waiver under BMCC 17-106, requesting a 12:00 a.m. event stop time with cleanup to follow until 1:00 a.m. Staff approved a stop time of 10:00 pm., which is the usual downtown, weekday time limit that was established by the Special Event Ad Hoc Committee and the Noise Ordinance committee in consideration of the downtown hotels and residents. The event organizer is appealing the staff determination to the City Council and is requesting a 12:00 a.m. fire dancing event stop time. The Special Event permit issued to the event organizer is approved pending the outcome of this appeal. The permit will reflect the same time as the noise ordinance for the event.
Waiver review procedures established by the city shall include but not be limited to consideration of the following criteria:
(1) Whether the noise would endanger the public health, safety, or welfare;
(2) That compliance with the provisions of this chapter from which a waiver is sought would cause serious hardship without producing equal or greater benefit to the public;
(3) The time of day the noise will occur;
(4) The duration of the noise;
(5) The loudness of the noise relative to the maximum permissible sound levels as set forth in this chapter;
(6) Whether the noise is continuous or intermittent;
(7) The distance of proposed activity from residential housing or other noise-sensitive properties;
(8) Whether the proposed activity is within the Central Business District, and whether the proposed activity encourages the promotion of entertainment and nightlife in an area where residential housing is sparse;
(9) Any other factor that is reasonably related to the impact of the noise on the health, safety and welfare of the community, the degree of hardship that may result from the enforcement of the provisions of this article, and the benefit to the public of granting such a waiver.
ALTERNATIVES ANALYZED
City Council may:
- Approve the waiver request, or;
- Disapprove the request.
FINANCIAL IMPACT
There are no financial impacts from this action.
RECOMMENDATION
Staff recommends that the City Council disapprove the noise waiver for the Summer Soulstice event on June 20, 2016.