Council listens to proposed noise ordinance

Barbara Diamond

Laguna Beach art organizations sounded off Tuesday about a proposed

noise ordinance.

“While we appreciate the city’s desire to address noise issues in

our community, we have strong concerns about the potential,

unintended consequences of the ordinance as written, particularly

with respect to the Festival [of Arts], the Pageant [of the Masters]

and the greater arts community,” said festival President Anita

Mangels.

The City Council voted unanimously to send the ordinance to the

Planning Commission to review and resolve some of the issues raised

by the arts community.

The ordinance sets decibel limits from specific sources, limits

specific activities, prohibits others or limits the hours. Noise

measurement guidelines are included. Consultant Vince Mestre gave a

brief summary of the proposed ordinance and the recommended changes

to the noise element in the city’s general plan.

The ordinance and the element serve different purposes, Mestre

said. The element is a planning document to guide land use decisions.

The ordinance sets the limits.

Some determining factors in the limits include proximity of the

noise source to residences and ambient noise. Mestre measured noise

from a variety of activities and from a variety of distances.

“Noise levels [in Laguna] are proportionate to proximity to Coast

Highway,” Mestre said.

About 40 representatives of the city’s art organizations attended,

delegating members to speak for them.

“Our concern is that the Civic Arts District was not even

mentioned in the ordinance,” said Sawdust Festival President Marsh

Scott.

The district is an overlay on the Downtown Specific Plan area that

includes all three art festivals and an active event venue.

“We request that nonprofits be exempt, as are city-sponsored

events,” Scott said.

Events such as the Patriots Day Parade, the Music in the Park

concert series and Heritage Month activities, which all require city

permits, are exempted from the ordinance.

“What is sauce for the goose should be sauce for the gander,”

Mangels said. “It appears the new ordinance would subject the pageant

to a ceiling of 60 [decibels] and possibly as low as 50 [decibels],

depending on the point of measurement.”

Normal conversation measures 60 to 65 decibels, not sufficient for

the pageant and other events on the grounds, festival staff said.

“Popular and very successful events such as the recent Pacific

Symphony concert, AIDS Services Foundation fundraiser, Lagunatics and

Moonshine Festival would be unfeasible,” Mangels said.

That wouldn’t break the heart of Festival of Arts neighbor Sharon

McErlane.

She said the extra events have adversely affected the quality of

her neighborhood.

“The arts organizations and festivals are no more special than the

people who live here,” McErlane said.

Artist Karen Petty responded that she assumed that people who knew

a railroad track ran through a property wouldn’t buy it and advised

the council to listen to the arts organizations or risk losing votes.

Mestre said the festivals would not be affected by the ordinance.

However, the arts groups weren’t convinced and wanted to see

something specific in writing.

Some specifics already in writing:

Hawkers, vendors and peddlers are prohibited from disturbing the

peace and quiet of neighborhoods.

Construction and excavation is limited to hours between 7 a.m. and

6 p.m., weekdays, except in emergencies. “Do it yourselfers” can work

around the house or garden starting at 10 a.m., Saturday. Sunday they

have to rest.

The basic rule is that making loud, unusual, unnecessary or

unnatural noises, which are prolonged, annoying or disturbing in

their time, place and use are a detriment to health, general welfare

and the peace and quiet of the city and its residents.