HomeMy WebLinkAboutFESTIVAL HALL (BUTTERFIELD/SARMIENTO)A-2001-232
ENVIRONMENTAL MITIGATION AGREEMENT
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J, HIS AGREEMENT, made and entered into this 19th day of November, 2001 by and
between WOODROW and LEE C. BUTTERFIELD, a husband and wife, and IRMA
SARMIENTO, a natural person (hereinafter collectively referred to as "Festival Hall"), and the
City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of Califol-nia (hereinafter "City").
RECITALS
A. Woodrow and Lee C. Butterfield are the owners, andhiria Sariniento is the operator of
Festival Hall, a restaurant, sports bar and tavern which holds a public dance permit (as
defined in Chapter I I of the Santa Ana Municipal Code) and Conditional Use Pen-rilt to
impose a cover charge and is located at 220-224 East Third Street, the southwest comer
of Third and Spurgeon Streets, in the City of Santa Ana.
B. On September 28, 1989, Pursuant to Chapter 11 of the Santa Ana Municipal Code, the
City issued Public Dance Permit No. 89-32597 to Festival Hall permitting public dance
and amplified music. Subsequently, in 1995 the City issued Conditional Use Pen -lilt
(CUP) No. 95-16 to Festival Hall, which granted Festival Hall the right to add a cover
charge requirement. Both permits were subject to certain specified conditions. The
parties to this Agreement agree and aela-iowledgc that said Chapter 11 Dance Permit and
said Conditional Use Permit are legitimate, valid and subsisting, remain in full force and
effect and are attached to this agreement as Exhibit 1.
C. In the Request for Council Action accompanying CUP no. 96-15, City staff'
explained: "In order to bring the site closer into code compliance, staff has Included
numerous conditions of approval for the project.... Finally, the Police Department is
rcqLICStitlg that the building conform to the provisions of the Building Security
Ordinance. This ordinance includes element which are aimed at reducing crime
through preventive measures, and which may require alternations to the site and
building including lighting upgrades on the property and the replacement of existing
door and window locking devices. . . . Through the adoption and implementation of
the conditions of approval, the site will be brought closer into compliance with the
zoning code and will result in minimal impacts on Police Department services, Based
on this analysis, staffrecommends approval of Conditional Use Permit No. 95-16 as
conditioned by staff."
DPursuant to this approved use, Festival Hall is entitled to be open until 1:30 a.m., to
provide for a cover charge, and to provide live amplified music to its patrons. As a
restaurant and tavern with a public dance permit, Festival Hall also often has large
numbers of patrons (the Fire Code permits up to 1250 persons to occupy the first
floor dance hall portion of Festival Hall) who leave at the conclusion of a
perforniance rather than leaving spread over a period of tirrie. Festival Flall's
operation, if undertaken consistent with the conditions of approval of said permits and
applicable regulations, would not constitute a public nuisance.
E. The City has, this 19th day of November, 2001, approved Conditional Use Permit
No. 01-28, and other entitlements, to permit the construction and sale of 86 live -work
-units in the downtown area of the City, including 40 live -work units on the remainder
of the block containing Festival Hall (the "live -work project"). The project location
is approximately 201-291 North Sycamore, 151-191 West Second, 150-190 West
Third, 201-238 North Main, 200-232 and 201-253 North Bush, 200-214 North
Spurgeon and 200-208 East Third,
F. As part of these approvals, the City has adopted and certified Negative Declaration and
Mitigation Monitoring Plan No. 01-144, pursuant to the California Environmental
Quality Act. This Negative Declaration identifies certain noise impacts created by
placing sensitive receptors (i.e., residents) into an urban area, that, unless mitigated,
would cause significant environmental impacts.
G. The Negative Declaration identifies mitigation measures that, if implemented, would
reduce this significant noise impact to a level of insignificance and would assist Festival
Hall in complying with applicable noise regulations. The noise study which is part of
the Negative Declaration is modeled based upon the premise that upon (1)
implementation of the required mitigation measures, (2) no substantial increase in noise
by Festival Hall beyond that-masured-in-the -noise study, and (3) compliance by Festival
Hall with all conditions under which it must operate as referenced above, Festival Hail
will be in compliance with all applicable laws and regulations. While many of these
mitigation measures are conditions that will be imposed directly upon the builder of the
live -work units, seven (7) of the mitigation measures in the Negative Declaration
identify mitigation measures to be taken at Festival Hall. The developer of the live -work
project has been assessed the obligation to pay to the City a fee to pay the cost of
constructing these mitigation measures. Six (6) of these mitigation measures relate to
central air conditioning, changing windows and adding vestibules to reduce noise
escaping Festival Hall, while one (1) mitigation measure relates to reducing noise from
departing patrons of Festival Hall.
H. The seven (7) mitigation measures to take place at Festival Hall are: (1) Provide Air
Conditioning for Festival Hall; (2) Replace the west -facing windows with fixed
assemblies with a minimum STC 32 rating; (3) Provide a vestibule for the entrance
door on the west wall. The vestibule should be fitted with solid doors and seals on
both sides. The doors should have a minimum STC 40 rating; (4) Add 10-fect of
lined sheet metal ducts and 7-foot sound traps to roof vents over the club; (5) Provide
a vestibule for the entrance door on the north wall (the vestibule should be fitted with
solid doors and seals on both sides and the doors should have a minimum STC 40
rating); (6) Replace the windows on the north wall with fixed assemblies with a
minimum STC 32 rating; and (7) "Provide signs at the exits of the Festival Club [sic]
and at appropriate locations on Third Street and Spurgeon Street advising patrons to
respect the neighbors and be quiet."
I. The noise study prepared as part of the Negative Declaration presumes, as a baseline
condition, that Festival Hall is complying with the provisions of its Public Dance Permit
and Conditional Use Permit. Also, as part of this agreement, Festival Hall has
provided the City its own acoustical study setting forth its actual and usual level of
noise activities. See, Exhibit 2, Gordon Bricken & Associates, "Measurement Results
of Festival Hall City of ,Santa Ana," as supplemented, incorporated herein by this
reference. The noise study attached to the Negative Declaration concludes that if all
required mitigation measures are implemented "average interior noise levels in the
residential units should be on the order of 30 dBA [in a worst case scenario] which
should be acceptable."
J. Festival Hall and the City desire to enter into an agreement which would allow the
City to enter Festival Hall to undertake the seven (7) mitigation measures set forth in
the Negative Declaration pursuant to a mutually agreeable design that preserves
Festival Hall's property values and any historic character of the building.
K. The City and Festival Hall have additionally agreed to implement noise mitigation
measures identified by Gordon Bricken at no cost to Festival Hall. The purpose of
these additional noise mitigation measures is to reduce the noise impacts from
pedestrians and parking lot activities associated with departed patrons of Festival
Hall. These noise mitigation measures go beyond the mitigation measures identified
in the Mitigated Negative Declaration, which as referenced above would assist Festival
Hall in complying with applicable noise regulations, and for which the City has
concluded will reduce noise impacts on the sensitive receptors to a level of
insignificance, and provide further protection to these sensitive receptors.
NOW THEREFORE, in consideration of the mutual and respective promises, and
subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
a. City shall perform those seven (7) mitigation measures as set forth in Exhibit 3 to
this Agreement
b. In a spirit of cooperation, and to resolve additional concerns of Festival Hall
regarding pedestrian noise and to partially implement the Supplemental, November 14, 2001
Gordon Bricken & Associates Report, the following additional conditions have been imposed on
the Developer of the live -work project to fizrther reduce noise impacts on the live -work project;
i. for those live -work units in the East Village Studios block fronting on
Third Street or fronting on the DGWB and Associates parking lot, front windows on the first
floor with STC 40 rating, or equivalent measure as identified by the Executive Director of
Agency if such windows are not commercially available at the time of construction (but not less
than STC 38 windows);
ii. for those live -work units in the East Village Studios block fronting on
Third Street or fronting on the DGWB and Associates parking lot, front windows on the second
floor with STC 38 rating;
iii. for those live -work units in the East Village Studios block fronting on
Third Street, doors with STC 38 rating; and
iv. for those live -work units in the East Village Studios block fronting on
Third Street or fronting on the DGWB and Associates parking lot, front windows, exterior
drywall shall be mounted on resilient channel assemblies.
C. The items listed in subparagraphs La. and Lb. shall hereafter collectively be
referred to as "the work". City shall be solely responsible for all costs of undertaking the work.
If Festival Hall subsequently enters into an Owner's Participation Agreement (or other, similar
agreement) with the Community Redevelopment Agency of the City of Santa Ana, City shall
cooperate to not interfere with the implementation of this subsequent agreement.
d. At the completion of the work, City shall undertake confirmatory testing to
indicate whether the work has achieved a situation where the noise impacts on the live -work
project meet all applicable standards.
2. TIMING OF THE WORK
a. City agrees to initiate the work not .earlier than the issuance of a building permit
for the forty (40) live -work units on the block containing Festival Hall, and to complete the work
prior to issuance of the first certificate of occupancy for any of said forty (40) live -work units.
b. City shall cause the issuance and recordation of a certificate of completion or
other similar document for the work.
3. TERM
This Agreement shall commence on the date first written above and terminate on the date
of the issuance of the certificate of completion of the work, or the expiration of Conditional Use
Permit No. 01-28, whichever occurs first. The term of this Agreement maybe extended upon a
writing executed by authorized representatives of Festival Hall, and for the City by the Executive
Director of the Community Development Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
City shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of Festival Hall. This Agreement is not intended nor shall it be
construed to create an ernployer-employce relationship, a joint venture relationship, or to allow
Festival Hall to exercise discretion or control over the professional manner in which City
performs the work which is the subject matter of this Agreement; however, the work to be
provided by City shall be provided in a good and workmanlike manner consistent with all
applicable standards and regulations governing such work. City shall be solely responsible all
salaries and wages, employer's social security taxes, unemployment insurance and similar taxes
related to the performance of the work and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, City shall maintain and
shall require its contractors, if any, to obtain and maintain insurance or a defined policy of self-
insurance as described below:
a. Commercial General Liability Insurance. City shall maintain commercial general
liability insurance naming Festival Hall, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of the performance of the work,
including, without limitation, acts involving vehicles. The amounts of insurance shall be not less
than the following: single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence.
City shall supply Festival Hall with proof of such insurance.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of ,Section 3300
of the Labor Code, City is required to be insured against liability for worker's compensation or
to undertake self-insurance, Prior to commencing the performance of the work under this
Agreement, City agrees to obtain and maintain any employer's liability insurance with limits not
less than $1,000,000 per accident.
d. If City employs a licensed professional such as an architect or engineer to design the
work: Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by City pursuant to
this section:
(i) City shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to Festival Hall.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to Festival Hall.
6. INDEMNIFICATION
City agrees to and shall indemnify and hold harmless Festival Hall, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the City or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to performance of the work; and (2) from any
claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is
due by reason of the terms of or effects arising from this Agreement. This indemnity and hold
harmless agreement applies to all claims for damages, just compensation, restitution, judicial or
equitable relief suffered, or alleged to have been suffered, by reason of the performance of the
work.
7. CONFIDENTIALITY
If City receives from Festival Hall information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, City agrees that it
shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the City disclosed in a publicly available source; (e) is in rightful possession of the City
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the City without reference to information disclosed by Festival
Hall.
S. REFINEMENT OF DESIGN OF THE WORK
City agrees to meet and confer regularly with Festival Hall as the design for the work
becomes more specific to work out a mutually agreeable agreement on design. Such
consultation shall be undertaken with the goal that the work is done in a manner sensitive to
preserving the property value of Festival Hall and any historic character of the building. The
consultation shall also include scheduling of the work in a manner that is least intrusive to
Festival Hall's ongoing operations as is reasonably possible. Once Festival Hall and City agree
to the final design, City shall be solely responsible for implementing the design and Festival Hall
shall be responsible for cooperating with City in implementing the design by allowing City
reasonable access during weekdays for construction activities.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of the Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6549
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Festival Hall:
Vincent Sarmiento, Attorney at Law
220 East Third Street
Santa Ana, California 92701
telefacsimile (714) 664-0453
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address, If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. COVENANT NOT TO SUE
Based on this Agreement, Festival Hall, and each of them, hereby agree and covenants
that this Agreement forever satisfies any past, present or future claims which Festival Hall had,
has or may have against the City or its agents, officers, representatives, and assigns arising out of
the approval of the live -work project and the preparation and approval of the Negative
Declaration. As a result, Festival Hall hereby covenants not to file a claim or lawsuit against the
City or the Community Redevelopment Agency of the City of Santa Ana regarding the live -work
project or the approval of any and all future implementation actions needed for the live -work
project including construction contracts, development applications, development project
approvals or permits related to the live -work project, so long as the City is not required by law to
prepare a new negative declaration or to prepare an environmental impact report. As used in this
paragraph 10 "file a claim" includes filing a claim under the State Tort Claims. Festival Hall
also agrees and covenants to not fund, in whole or in part, any claims or lawsuits against the
parties identified in this paragraph 10 by any other individual or entity.
The parties hereto each hereby Imowingly, voluntarily and expressly waive its or their rights
under Civil Code Section 1542, which reads as follows:
A general release does not extend to claims which the creditor does
not Imow or suspect to exist in. his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Festival Hall, and supersedes any and all other agreements, oral or written, between the parties.
In the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Festival Hall. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Festival Hall
nor the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. DISCRIMINATION
City shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. City affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
13. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be goveriunent and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California.. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
14. PROFESSIONAL LICENSES
City shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the work and required
by the laws and regulations of the United States, the State of California, the City of Santa Ana
and all other governmental agencies. City shall notify Festival Hall immediately and in writing
of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions.
Said inability shall be cause for termination of this Agreement.
15. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
c. The Recitals to this Agreement shall be incorporated herein as though fiilly set forth in
the body of this Agreement.
d. Subject to the terms and conditions hereof, the parties agree to cooperate with
each other and to perform such further acts or execute and deliver such additional instruments or
documents as any party may reasonably request in order to carry out the purposes of this
Amendment and the transactions contemplated hereby
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
PATRICIA E. HEAL
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
BY:
Chief AssistanCity Attorney
CITY OF SANTA ANA
PAVID N. REAM
City Manager
FESTIVAL HALL
WOODROW BUTTERFIELD
LEE C. BUT TERFIELD
IRMA SARMIENTO
10
r`1AYCr
Dan Young
MAYOR PRO TENT
Jolin Acosta
-OUNCILMEMBERS
Daniel E. Grisel
Ron May
Patricia A• McGuigan
Rick Norton
Miguel A. Pulido
November 28, 1989
VIM
CITY OF SANTA A.NA
POLICE DEPARTMENT
24 CIVIC CENTER PLAZA • P.O. BOX 1981
SANTA ANA, CALIFORNIA 92702
Irma & Vicente Sarmiento
Festival Hall
220 E. 3rd St.
Santa Anal California 92702
ALL-AMERICA CITY 1982-83
CITY MANAGER
David N. Ream
CITY ATTORNEY
Edward J. Cooper
CLERK OF THE COUNCIL
Janice C. Guy
89-32597
Dear Mr. & Mrs. Sarmiento:
Permission is. hereby granted for you to conduct public dancing on the
above -referenced premises pursuant to the provisions of Chapter 11 of
the Santa Ana Municipal code on the following conditions:
I. No dancing shall be allowed on the premises after 1:30 a.m.
2. No music shall be played outside the premises nor be audible be-
yond the area under control of the licensee.
3. One uniformed licensed security guard for every 100 persons or less,
in attendance shall be employed by management, to be approved by the
Chief of Police.
Your application has been granted conditional approval by the Planning
Department. Should you decide to charge admission, a Conditional Use
Permit (CUP) will be required through their department.
This permit shall be effective commencing November 28, 1989r and will
remain in effect for one year from the date of issuance at which time a
new application shall be filed with the Chief of Police.
This letter shall serve as the permit, is non -transferable and shall
remain on the premises for public display.
Sincerely,
PAUL M . FALTERS
Chief of Police
BRUCE R. CARLSON, Acting Captain
Investigation Division
IYp
r—e�S a;i
MEMORANDUM �
PSO Pena, Vice !
To. _ lit
a
ron'is Assistant Planning Manager,
Subject:
FESTIVAL HALL DANCE PERMIT AT 220 EAST
Date: !I
Wvember E3qR989
Li
ESPE IALl�'N�'v
S ;
3RD STREET
As the applicant has indicated that no cover charge is required
for dancing at the Festival Hall, the applicant can maintain
both upper and lower level dance floors as these are considered
accessory uses to the restaurant use. However., if the dance
floors are the primary business activity, a CUP would be
required per. Section 41-191 of the Zoning Code.
In addition., this site is within the Jewelry Mart Redevelopment
Project boundaries that is expected to break ground sometime in
1990. It is anticipated that the developer, will purchase the
site and demolish the existing structure next year..
If you have any other questions, please contact Vince Fr.egoso
at X2713.
Ken
KA/VF/hl
'�XRlerr �4 to��
AI EM®RANDUMC
Ken Adams, Planning 'l November 15,
To: � eta Date: 1989..�.�.
roe: PSO Y. Pena, Vice
Subject: ORIGINAL DANCE PERMIT FOR FESTIVAL HALL, 220 E. 3RD
The applicant for the above referenced premises has now indicated
that there will be no admission charge for dancing on the premises.
This is due to information she has received from your department
while attempting to obtain a CUP. Apparently, the premises is
subject to eminent domain in the near future. Thus, making it --
impossible to obtain a CUP. She has been unable to find anyone to
corroborate this, including her landlord. The applicant would like
a dance permit for whatever time they have remaining there.
I neglected to mention earlier that the premises has two dance
floors; one on the ground level and another in the basement area. I
don't know if that makes a difference in your recommendation.
Taking all of the above into consideration what does your department
recommend?
Sincerely,
YO ANDA M. PENA
Po ice Service Officer
Vice/Intelligence
/Yp
cc: Vince f regoso
Vice/file
REL: 10(20195
RESOLUTION NO. 95-069
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 95-16 TO ALLOW AN INDOOR
ENTERTAINMENT USE AT 220 EAST THIRD
STREET
WHEREAS, this Council held a public hearing on October 16,
1995, on Conditional Use Permit Application No. 95-16, to allow a
an indoor entertainment use in a festival hall located at 220 East
Third Street;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA AS FOLLOWS:
1. Based upon the evidence submitted at the abovesaid
hearing, this Council finds and determines as set forth in Exhibit
A, attached hereto and incorporated herein.
2. Conditional Use Permit No. 95-16 is hereby approved
subject to the conditions set forth in Exhibit B, attached hereto
and incorporated herein.
ADOPTED this 5th day of
ATTEST:
J nic7C. GuyC erkhe Counc(1
7
COUNCILMEMBERS:
Pulido - A�ze-
Richardson Aye_
Espinoza ^Na
Lutz _ A
McGuigan �g}4p
Mills Aye
Moreno N
)I-fguel A.
Mayor
APPROVED AS TO FORM:
Edward J Co
City Attorney
'EXHIBIT A
1995.
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, J'ANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date: l AS
V-1 Clerk of the Cou ci
City of Santa Ana
'EXHIBIT V 1
Conditional Use Permit No. 95-15
September 18, 1995
Page 1 of 1
Finding
A. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The facility will provide an entertainment amenity,
including a variety of indoor entertainment uses, that will
benefit the surrounding community, the City of Santa Ana as
well as complement the existing land uses.
B. Will the proposed use under the circumstances of the particular
case be detrimental to.the health, safety, or general welfare of
persons residing or working in the vicinity?
The proposed use will not be detrimental to persons
residing or working in the area as the Police Department
has imposed conditions on the site which are intended.to
eliminate issues which may adversely impact the surrounding
community.
C. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The proposed facility will benefit the economies of the
area. by promoting a use that generates revenues to the
surrounding area.
D. Will the proposed uses comply with the regulations and
conditions specified in Chapter 41 for such use?
The proposed use will be brought into closer compliance
with all regulations and conditions specified in the Santa
Ana Municipal Code pertaining to indoor entertainment uses
and alcoholic beverage licensed establishments.
B. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed use will not have any adverse affect on the
General Plan land use.designation of District Center (DC).
The District Center designation encourages a variety of
land uses, such as entertainment facilities, that will
promote the area.
EXHIBIT A '"i
Conditional Use Permit No. 95--16
September 18, 1995
Page 1 of 3
Conditions for Approval
Should Conditional Use Permit No. 95- 16 be approved, the project shall
comply with all applicable sections of the Santa Ana Municipal Code,
the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations. In addition, it
shall meet the following conditions:
A. Planning Division
1. All signage on the building will be required to comply with
code.
2. The conditional use permit will be reviewed by the Planning
Commission in six months to determine compliance with
established conditions. Should the applicant fail to
comply, the CUP may be scheduled for revocation by the
Planning Commission.
3. The project shall be in compliance with all requirements of
Site Plan Review No. DP 95-28.
B. Police Department'
1. The existing building must be brought into conformance with
the provisions of Chapter 8, Article 11, Division 3 of the
Santa Ana Municipal Code (Building Security ordinance).
These code conditions will require that the existing
projects lighting, door and window locking devices, and
addressing be upgraded to current code standards.
2. Prior to issuance of a Letter of Approval to the Alcohol,
Beverage Control Board all conditions must be complied
with.
3. The applicant is responsible for maintaining the premises
free of graffiti. All graffiti needs to be removed within
24 hours of occurrence.
4. No alcoholic .beverages are to be consumed on any property
adjacent to the licensed premises under the control of the
licensee.
5. The subject alcoholic beverage license shall not be
exchanged for a public premises type license nor operated
as a public premises.
gferr I
EXHIBIT B
�0
Conditional Use Permit No. 95-16
September 18, 1995
Page 2 of 3
6. There shall be no exterior advertising of any kind or type,
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic
beverages on the premises.
7. The quarterly gross sales of alcoholic beverages shall not
exceed the gross sales of food or other commodities during.
the same period.
8. The sale of alcoholic beverages on the premises, for
consumption off the premises, is prohibited.
9. There shall be no public telephones located on the exterior
of the premises. All interior pay phones shall be
restricted to outgoing calls only.
10. The petitioner(s) are responsible for maintaining the
premises free of litter.
11. The premises is to be maintained as a bona fide eating
establishment and provide a menu containing an assortment
of foods normally offered in restaurants.
12. The premises shall not operate as an adult entertainment
business as such term defined in Santa Ana Municipal Code
Section 41-12.2.
13. Neither the applicant, nor any person or entity operating
the premises with the permission of the applicant, shall
violate the City's adult entertainment ordinance contained
in Santa Ana Municipal Code Sections 12•--1 and 12-2.
14. There shall be no one under 21 years of age in the bar,
lounge or pool table area after the. sales and service of
food has been discontinued, or at anytime after 10:00 p.m.
15. The applicant must at all times possess a valid public
dance permit on issued by the Chief of Police and shall at
all times comply.with Chapter 11 of the Santa Ana Municipal
Code.
16. The premises needs to comply with S.A.M.C. Chapter 29 and
possess a valid Pool and Billiard Permit issued by the
Chief of Police.
O(HIBIT I
Conditional Use Permit No. 95- 16 R E C E IV E D
September 18, 1995
Page 3 of 3 NOV 14 1995
5ANTA ANA PLANNING DEPT
17. At all times that dancing and/or entertainment is being
conducted, the applicant shall employ one uniformed,
licensed security guard for every 100 persons, or portion
thereof, in attendance per event, for the purpose of
keeping the peace. This guard(s) is also responsible for
monitoring the adjacent parking lot at Third Street and
Bush Street which is utilized by patrons. Every security
guard employed by the applicant shall first be approved by
the Chief of Police, or his designate. If there is a
marked or noticeable increase in the number of police -
related incidents on or near the premises, as such increase
may be determined by the Chief of Police, the applicant
shall increase the number of uniformed, licensed security
guards to a total number of guards as determined by the
Chief of Police.
18. In addition, there shall be a minimum of one uniformed,
licensed security guard assigned to the Fifth and Spurgeon
Streets parking structure and one additional uniformed
licensed security guard assigned to the Third and Sycamore
Streets parking structure. If the applicant so desires to
direct his patrons to one specific parking location, the
alternate location's guard requirement will be waived.
These guards are assigned specifically to these locations
until all activity on the premises has ceased and all
patrons have cleared the parking area.
19. The applicant is responsible for providing to the Chief of
Police, or his designate, a monthly schedule of all events
subject to Police Department approval, and event hours of
operation, booked for the premises. This schedule needs to
include, but not be limited to, the number of security
guards assigned, the anticipated attendance, the name of
the responsible party, and whether there will be alcoholic
beverages sold or consumed on the premises.
20. The conditional use permit will be reviewed after 90 days,
at six months and annually thereafter by the Santa Ana
Police Department in order to determine compliance with the
above conditions.
IYov. IS 01 05:43jr
0�_/63 6
GORDONIASSOCIATES
ACOUSTICAL and ENERGY ENGINEERS
November 14, 2001
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FESTIVAL HALL
C I T Y O F S A N T A A K A
Prepared for:
MR. VINCENT SAR-MIFNTO
FESTIVAL HALT,
2.20 East Third Street
Santa Ana, California 92701
1621 East Seventeenth Street, Suite K Santa Ana, Cafifamia 92705.851 B
Phone (714) 635-0249 FAX (714) 835-1957
.I.
EXHIBIT 2
Nov. 15 al 06:43p p.
01./63 6
GORDONIE ASSOCIATES
ACOUSTICAL and ENERGY ENGINEERS
S U M M A R Y
The sound levels of the Festival Hall have been treasured
from. 1:00 A.M. to 2:00 A.M., on November 1.1, 2001 along Third
Street and compared to the City's Noise Drdinance as a design
guideline for the. residential site adjacent to the Hall after the
mitigation measures had been applied to the Hall. The residual
noise would be than From everit,s occaarring on the street and
sidewalk. The noise values taken after the music performance ended
at 1: 33 A.M. were used for the evaluation. The game values were
assumed to exist on the parking lot behind the Old City Rall, which
was used by patrons.
The results indicate that if a residential project is
constructed can the adjacent site, substantial noise reduction
features will be required in the rosidential structure. `The
Mitigation measures are as follows:
Rooms Facing Third Street at the Second. Level and Above
and facing the Ord City Hall Parking Lot will require windows rated
STC 38, or higher, and the exterior wall assemblies ,should have the
interior drywall mcunted on resilient. channels.
Roams Facing Third Street at First Level will require
windows rated a minimum STC 40, the oxtexi.or wall, assemblies should
have the inte-cior drywall mounted on res,ilien,t channel, and minimum
STC 38 rated doors. Note, these conditions may also apply- at the
first level facing the Old City Parking Lot depending on the design
of the property lane wall.
The items listed above may also need to be applied along
Spurgeon and along- the common interfaces with. the Festival Hall.
One possible additional mitigation is to remove the
pickup and drop-off location in front of the HaI2 . This would
require creating a loading zone that would displace about three
parking spacer. This change would remove one of the activity areas
in front of the residential building.
1521 East Seventeen## Street, Suite K Santa Ana, California 92705-8518
Phone V1 4) 835-0249 FAX tit 4) 835-i 9 a7
9
NOV. I5 01 05.1-4p p.4
R
BRICKEN & ASSOCIATES
ACOUSTICAL and ENERGY ENGINEER'S
1.0 THMODUQTION
This report addresses the sound leve:l.s at the Festival
Hall after the musical performances have ended and the
patrona are leaving. The present sound levels after the
perto «lances are elided aa:e likely to ,remain even with the proposed
mitigation to the Festival Rall structure_ Thus, the present post -
performance conditic" in this investigation was intended to asse
the consequences of the residual .noise after the mitigation ss
measures listed in the developer'« noise report are implemented,
Tn' theory, the musical coaitxibutz.ons from the Hall will be reduced
to the point that the only .remaining sources of noise are from the
activities associated wfth the Festival Hall- from patrons comiazg
and going to the facility.
2.0 PRQJI�CT SBTTIN
The Festival Hail is located at the.Sout-hweat corner of
Third and Spurgeon Streets. The use consists of a
restaurant and dance hall on the first floor, a bar .in the
basement, and office and meeting roots on the second floor
Perimeter. Entertainment is provided three evenin98 a week_ The
entertainment is Latin and the patrons a).-e mostly La'tinDS .
There is a vacant lot between the crest side of the
building and bush Street. There is a vacant lot between the
building and Second Street_ The vacant portions are joined sa they
Corm an "L" shaped lot with the arms of the "L" along Bush Street.
between. Second and Third ,Streets, and along Second Street between
Spurgeon and Bush Street=s _ These is a proposed residential project
on the "L" shaped lot that will be in close proximity to the
existing Festival Hall use. The owners expressed concern that
Festival Hall migh t< not comply with the City Noise Ordinance after
the residential use is constructed.
After the residential project i constructed, azad
assuming that ail of the mitigation measures proposed by the.
developer are installed and that they produce the results
advertised by the developer, then the only remaining sourer of
noise E.oines from Patrons arriving and leaving the Festival Hall.
1621 (East Seventeenth Strout, Suite K Santa Ana, Calitornia 927OS-8s1 B
Phone (714) 835-0249 FAX (714) 6354957
Na3rr, 15 01 05: 4.4p p • 5
w
()1./(536
Most patrons come by private car. The nearest parking for the
Festival Hall, with the exception of a few on -street spaces, is ja
the City parking lot on the north side of Third Street across from
the Hall, and in the lot at Bush and Third behind the Old City 'Hall
bra i lding _
3.0 APPLICABLE NOISE STANDARDS
The City's Noise Ordinance, contained in Appendix 1, is
designed to control noise emissions from one land use to
another land use. Generally, noise created on a public right-of-
way is not regulated by the Voise Ordinance, In theory, that would
mean that once patrons, cars, eta., connected with the Festival
Hall are off the Festival Hall property, the Festival Hall is not
liable for the noise conditions. However, the same might be said
of the issues regarding patron behavior, which, are clearly
addressed off -site by the private ,security guards employed by the
Festival Hall. Thus, there is some ,prospect that noise produced by
patrons will be treated as a responsibility of the Festival Hall.
Thus, from the Festival Hall perspective, they need to be cerCain
that the, same standards governing cn-site produced noise, which
Yields the proposed mitigations by the developer, also be, applied
to off -site noise for which. the Festival. Hall will be held
responsible.
The issue of the applicability does not apply to the
parking .lot behind the old City Hall since it is a private parcel
and controlled by the Festival Hall during the operating hours.
While the same issue faces the parcel owners at other times, this
report will, not address that issue.
The basic Noise Ordinance limits are given in Table I
On the following page,
4
Nov, 15 01 05. 44p
p.6
ml/536'
ZABLE I
NOISE ORDINANCE LIMITS
FOR RESIDENTIAL PROPERTY(l)
ALl''OWED T IMIT
EXTERIOR INTERIOR.
ALLOWED I.C3R-ATIQN DAY IGHT DAY 'NIGHT SYMBOL
30 minutes in hour 55 5q -- L50
15 minutes in hour 60 55 -- -- L25
5 minutes in hour 65 60 55 45 i48
1 minute in hour 70 65 60 50 L2
Anytime .in hour 75 70 65 55 Lmax
(1) ]day = 7:00 A.M. to 10:00 P,M.
Night = 10;00 P.M, to 7:00 A.M.
(2) a. The levels are lowered 5 dRA for noise collsisting of
music or speech.
b. The allowed durations may be extended when the ambier�t
exceeds the allowed levels with the exception of t1le
maximum where the level may be increased.
The adjustments work in the fallowing manner::
If the source of the noise contains -Mu;ic ox
speech, then all the levels are reduced 5 d3A
but the durations to which they apply remain the same.
2. If the ambient without the source has maximum
noise levels which exceed the alloyed maximum
noise level, then the allowed maximum noise level is
increased to equal the ambient maximum level. For
example, if the highest reading (Lmax) du -ring the day
were 78 dBA, then.the allowed level for any source being
investigated would become 78 dBA, not 75 d13A as listed in
Table 1
3 . If the ambient without the source baa dui �zt3,cazis
for the allowed Levels that are longer than
listed, then the allowed duxatign is ixlu eased, not the
level. For exatnpl,e, if the day level of 60 dBA were.
exceeded 20 minutes in any hoar, then the allowed
duration would become 20 minutes, not 15 minutes as
listed in Table 1. ROwever, the threshold mould remain
at 80 dBA.
It is not readily obvious that the listings in 'Table 1. do
not produced a Outooth carve for the paired combinations of level
and duration. The curve is really a step curve. This curve is
5
Nov 15 01 05;45p p.7
- q
01/636
illustrated for the exterior night condition on Exhibit 1.
4.0 MEASUREMENTS _
4.1 SETUP
The war the Hall and parking are laid out, the
maximum sound levels cuff -site and adjacent to
the proposed residential use will be along Third Street
between the Festival lull building and Bush Street, A
secondary condition will occur on the south side of the
Old City lull parking lot. The chosen measurement
location was 16 feet west of the west property line and
ten feet south of the south edge of the sidewalk. This
loca.Lion is noted on Exhibit 1. This setback
approximates the setback of the proposed building line.
The measurement microphone was extended five feet above
the ground. Measurements were conducted on. Sunday,
November 11, 2001 from 1:00 A.M. to 2:00 A.M.
The measurement setup consisted of aeLarson-
Davis Model 700 Integrating Sound Level Meter. This
meter is actually a small computer and was programed
to compute the ordinance parameters listed in Table 2,
THe samples were reported at five minute intervals.
4.2 CONDITIONS DURING TI4P MEASUREMENTS
The measurement location was along the sidewalk
used by patrons using the Old City Hall. parking
lot and ethers who walked to the Hall. The entry to the
City Parking Lot is almost directly across Third Street.
A taxi cab piekup and drop-off location was directly in
front of the measurement point. This curb --;side location
is a red zoaie but, lacking aizy other loading area, the
SOCU 'itY people and the police .let the cabs use the
location. The same location is used by the security
company patrol. cars.
'I'he types of noise that were observed to occur
in the hour of measurement were as follows:
1, Music from inside the Festiva. Sall,
This music ceased at 1:33 A.M,
2. Patrons talking as they go to and
from the parking lots.
A
ICI o v, 15 01 0 5: 4 5 p P. 8
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p
ol/636
3. Cars entering and exiting the City' s
Parking Lot,
Cars driving by on the street, Most
of these drive-bys seemed connected
With activiL-ies at the Hall.
5. Patrons entering and :leaving the taxi
cabs.
5 - Activities related to security. At
one point, some altercation occurred
in front of the Hall that led to the security
guard. releasing mace or pepper spray into thc
air. The aerosols drove patrons down the
sidewalk in between the Hall and Bush including
the perpetrator and some of his friends. . The
security guards then came down the sidewalk and
herded the people into a. crab. All of this
activity produced a lak^ge amount of crowd
noise.
1 = Car alarm arming and disarms -ng_
These sources were observed but were
sufficiently removed from the measurement point
to only xecord on one occasion.
Several sound samples of patrons and cars were
taken during the ho-or of the measuxements . Based on
these ost~i.matesf the number of patrons traversing the
south side of Third Street approached Boo and the number
of cars on Third Street was close to 200 _
4.3 KRASUREMERT RESULTS
The printout of the ncetier is contained in
Appendix 2. since the objective of the
study is to assess the impact of the noise after the
music noise is mitigated, the only portion of the data
that is of interest~ initially is that after the music
perfoxmance ended at. 1 -33 A.M. The data is presented in
two. fnrmu _ ono is a Table depicting the corapari.son of
the conditions with the City's Noise ordinance.. The same
information is platted in two graphs. While the
Ord.inarice limits are lased on an hour's sampling, in this
case, the posts 1 e 3S A.M. data was used as a. simulation of
the poet mitigated condition of the Festival Hall
structure. This is given in Table 2 on the following
page.
7
Nov 15 01 05.45p
p.9
r
'FABLE 2
NOISE IMPACTS WITHOUT TT MUSIC:
01/636
COMPARED TO
ORDINANCE
LIMITS
ORDINANCE
P� aP-ZFR
MEASURED
EXTERIOR
11TEERIOR
EXTPR:CQR TNTLRxCiR
L50
65.5
45
--
+
20.5 ---
1,25
67.5
50
--
f
27.5 --
L8
70,0
55
40
+
15.0 + 30.0
L2
73.0
(50
50
+
13.0 + 28.0
Linax
85.0
65
60
f
20.0 } 35.0
Exhibit 2 depicts the exterior condition. The
interior condition is depicted an. Exhibit 3. It is clear
that the .non -music conditions would excccd the limits of
the
C:i.ty's Noise Ordinance. while it can be argued that the
Ordinance does not apply, it serves as a very useful
design guideline since the Festival Hall is likely to be
held responsible for any negative consequences that flow
from this activity.
The developer did engage a. consultant who
measured a simzlar condition as described in this report
at a paint about 20 feet further back, from the sidewalk
and along the common property line. That report is
contained in Appendix 3. They reporteed the L50 value at
60 dBA and the Lmax value at 91 dsA. While the reported
levels were somewhat different, the implication for
mitigation is at least as significant.
The issue of the applicability of the Noise
Ordinance will not apply to the parking lot behiixd the
Old City Hail. TTOwOver, it is likely that the same types
of raise conditions will prevail since the basic user
profile is the same. The only difference may be a higher
contribution of car alarms and cax alarm arming to the
noise produced on that site.
6.) TMPL ICATIONS OF THE RESULTS
The floor plane for the building nearest Festival Hall
and. the elevations are shown on Exhibits 4, 5 and G. The
only information about the site and building next to the old City
Hall is shown an Exhibit 2. Exhibits 4, 5 and 6 indicate that the
"front" elevation is along Third street. The plans are not clear,
but it does not appear that there are any usable outdoor areas on
that frontage. The proposed condition at the Old City Hall parking
Nov. 15 01 05:46p
p.1O
01/636
Lot is not clear. There appears to be a landscaped setback area,
but it is not clear if this is to include any private patios or
that there are any decks overlcoki.ng the parking lot. it any
private areas exist, then the Noise Ordinance would apply.
The measurements suggest that the building envelope of
the residential structures next to Third Street and the cold City
Hall Parking Lot should provide 35 dBA of noise reduction. `Y'h.e
developer's data, suggests it could be even higher at 4G d8A. No
floor. plans Other than that which appears on the Exhibits were
examined_ This is not sufficient detail. The first floor units
facing Third Street take access off Third Street:. Thus, at least
one room on a unit has a door. Two sample cond:i.tlaus were
examined. The basic roam was a floor area of one hundred square
feet and a window area of .20 square feet with a door added can the
first floor.
The noise reduction of the structure is controlled by
five elements, which are the window, the ext.eTi.o:r_ wail, the doors
if -any, the roof and the interior treatments such as drapes, carpet
and furniture. The window is the weakest element of the group, so
it is customary tc examine the noise reduction where the window
noise redtacta.o.n is the variable. The noise reduction of any of the
panels is defined in terms of the Sound Transmission Class (STC)
rating, This rating system allows a uniform method of selecting
Products tesl.ed according to established standards. The
calculations are based on this rating system. The noise reduction
calculations are contained in Appendix 4 and were based can first
detezmi.ning what, if any, window rating alone would meet the 35 dBA
noise reduction. criteria. If it could not be achieved, thexa the
wall rating was modified and if that failed, the door rating. A
window rating of STC 40 was considered the upper practical_ limit
for available products. -The results show the following:
Sample Room Without. Door
>r 1!ndc_w A.1 ne . Reaches only 33 dBA- with an STC 40 window.
W3-n.dpw With Wall Modification. Reaches 35 dBA with an
STC 30 window and interior drywall Mounted on resilient
channels.
Sample ]Room With D<)or
Window Alone: Reaches only 25 dBA with an STC 40 window.
Wind-0 With Wall. Modification: Reaches 25 dBA wit b an
.STC 40 'Window and interior drywall Mounted on resilient
channels.
W:i.aldaw WWhA.-F—all Modification and U Waded Dorar:
Reaches 3.5 dBA with an STC 40 window and STC 38 door,
9
NOV. 15 01 05:4.7p
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4
h!IIV-15-2001 16.39CC1ATES ej4(MW49
TDt71336172M P.Q01�13�1
nlj636
Clcarly, substantial upgrades are needed to allow for the
units to meet, the interior clesign level limits. Detailed floor
plans would be required to refine the results. but it is not like.1y
that the outcome will be substantially differeat .
The developer':; consultant recommended STC 32 windows a-nd
did not address the expoued dour matter. It appeaxs the consultant
was examining the, noise reduction requirement from a perspective
ether than tryirKj to meet de849n conditiotbs defined by the Noise
Ordinance, MorAtover, the rectauendations of the deve oprer,r.
conOvltant mainly addressed trodif3catioDe to the Sall a0d Hall
site. In general, these wast xeacent measurements raise the
question if there has been enough consi.deratic>n given to the sideB
of the r. aidexltial structure facing Spurgeon ana the sides of the
residential Structure along the comon property line The
7recomwendatioaw for the Third Street: nice and the old City Hall
Parking Lot would be cexttain to address any problems on these
frautages.
One Possible aditti.onal mitigation is to
Pi.ckup and drop-off locatiDns in front of the Hall.
tequire creating a loading zone that would displace
l+arkixag spacer, : The chabqe� would xemove rase of the
in front Of the residential bta.i.ldinq.
110
remove the
This wMild
about three
activity areas
EXHIBIT 3
SCOPE OF THE WORK
(1) Install exterior patio slab unit central air conditioning for Festival Hall, approximately
850,000 BTU's
(2) Replace the west -facing windows of Festival Hall with fixed assemblies with a
minimum STC 32 rating
(3) Provide an exterior vestibule for the entrance door on the west wall of Festival Hall.
The vestibule should be fitted with solid doors and seals on both sides. The doors should
have a minimum STC 40 rating
(4) Add 10-feet of lined sheet metal ducts and 7-foot sound traps to roof vents over
Festival Hall
(5) Provide an interior vestibule for the main entrance door on the north wall (Third
Street) of Festival Hall to the same approximate dimensions as the existing "nook" (the
vestibule should be fitted with solid doors and seals on both sides and the doors should
have a minim -Lim STC 40 rating)
(6) Replace the windows on the north wall (Third Street) of Festival Hall with fixed
assemblies with a minimum STC 32 rating
(7) Provide signs at the exits of the Festival Hall and at appropriate locations on Third
Street and Spurgeon Street advising Festival Hall patrons to respect the neighbors and be
quiet
11