8.68.170 Deviation from the sound limits, time limits and place of sound measurement requirements of Section 8.68.160-Planning and design commission approval.
In addition to the special condition permits authorized by section 8.68.250 and the variances authorized by section 8.68.260 of this chapter, the operator of any outdoor activity may seek approval to deviate from any or all of the following: (a) the maximum sound limits, (b) the time limits, or (c) the requirement for the place of sound measurement as set forth in section 8.68.160, on the grounds that due to the nature or design of the operator's facility or its location, it is capable of handling a higher sound level or amplified sound ending at a later time without substantially increasing the likelihood that violations of any other standards set forth in this chapter will occur. As part of the application, the applicant shall submit a report of the sound-related characteristics of the facility prepared by an acoustical engineer, and shall pay an application fee set by resolution of the city council.
A. Applications Filed after July 1, 1995. Applications filed after July 1, 1995 shall be heard and decided pursuant to the following procedures:
1. Applications. An application to deviate from the foregoing requirements of section 8.68.160 which is filed after July 1, 1995 shall be heard and decided by the planning and design commission, and shall be subject to the general requirements applicable to applications for planning and design commission conditional use permits as set forth in chapter 17.808.
2. Hearing Procedure. A public hearing shall be held by the planning and design commission. Notice of the public hearing shall be given in the same manner as notice is given of a hearing on a planning and design commission conditional use permit. Notice of the hearing shall also be given by publication in at least one newspaper of general circulation at least ten days prior to the date of the hearing.
3. Approval. The planning and design commission may approve an application to deviate from the maximum sound limit, time limits, or place of sound measurement requirements if it finds that, due to the nature, design or location of the operator's facility, it is capable of handling a higher sound level or an amplified sound ending at a later time or having the sound measured at a different location without substantially increasing the likelihood that violations of any other standards set forth in this chapter will occur and that approval of the application will not be detrimental to the public health, safety or welfare as it relates to noise. The planning and design commission may impose such conditions as may be necessary to carry out the intent and purpose of this chapter and to protect the public health, safety or welfare as it relates to noise. The planning and design commission shall adopt findings and render its decision in the same manner that it decides applications for conditional use permits.
4. Appeal. Any person dissatisfied with the decision of the planning and design commission on an application to deviate from the maximum sound limit, time limits or place of sound measurement requirements of section 8.68.160 may appeal that decision to the city council by filing a notice of appeal with the city clerk pursuant to section 1.24.010. Any appeal shall be filed within ten days of the date of the planning and design commission decision. The city clerk shall thereafter notice the matter for hearing before the city council by publishing notice of the hearing on the appeal in at least one newspaper of general circulation at least seven days prior to the hearing and by sending written notice by mail to appellant(s) and the applicant at least seven days prior to the date of the hearing of the appeal.
B. Applications Filed on or Before July 1, 1995. An application to deviate from the requirements of section 8.68.160 filed on or before July 1, 1995 shall be heard and decided by the city manager pursuant to the following procedures:
1. Procedure. No public hearing by the city manager shall be required. The city manager may approve an application to deviate from the maximum sound limit, time limits, or place of sound measurement requirements if the manager finds that, due to the nature, design or location of the operator's facility, it is capable of handling a higher sound level or an amplified sound ending at a later time or having the sound measured at a different location without substantially increasing the likelihood that violations of any other standards set forth in this chapter will occur and that approval of the application will not be detrimental to the public health, safety or welfare as it relates to noise. The city manager may impose such conditions as may be necessary to carry out the intent and purpose of this chapter and to protect the public health, safety or welfare as it relates to noise.
2. Notice. After the city manager's decision on the application, the city manager shall provide written notice by mail to all owners of real property shown on the latest equalized assessment roll within a radius of 300 feet of the real property which is the subject of the application. In lieu of the assessment roll, the city manager may utilize records of the county assessor or tax collector which contains more recent information than the assessment roll. The notice shall advise the owners of the nature of the deviation sought and the decision of the city manager and of the owner's right to appeal the decision of the city manager to the city council within ten days of the date of the notice. The city manager shall also publish notice of the decision in at least one newspaper of general circulation.
3. Appeal. Any person dissatisfied with the decision of the city manager on an application to deviate from the maximum sound limit, time limits or place of sound measurement requirements of section 8.68.160 may appeal that decision to the city council by filing a notice of appeal with the city clerk pursuant to section 1.24.010. Any appeal shall be filed within ten days of the date of the city manager's decision. The city clerk shall thereafter notice the matter for hearing before the city council by publishing notice of the hearing on the appeal in at least one newspaper of general circulation at least seven days prior to the hearing and by sending written notice by mail to appellant(s) and the applicant at least seven days prior to the date of the hearing of the appeal.
4. Modification or Revocation of Approval of Deviation. An approval to deviate from the requirements of section 8.68.160 shall be subject to modification or revocation by the planning and design commission in the same manner as a conditional use permit pursuant to the provisions of chapter 17.808. (Ord. 2013-0021 § 19; Ord. 2012-004 § 23; prior code § 66.02.212)