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HomeMy WebLinkAboutItem 2b - Ordinance No. 2316 regarding construction hours. GQ�LIFORN —�9 F mco1!y.'Ica Au6usf 5, 1903 STAFF REPORT Development Services Department DATE: May 6, 2014 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator Don Stockham, Building Official SUBJECT: ORDINANCE NO. 2316 AMENDING SECTION 4261 OF DIVISION 1, PART 6, CHAPTER 2 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE RELATING TO CONSTRUCTION HOURS Recommendation: Adopt At the April 1, 2014, meeting, the City Council introduced Ordinance No. 2316 amending Section 4261 of the Arcadia Municipal Code relating to construction hours. The April 1, 2014, staff report is attached for reference. The proposal to reduce construction hours was in response to the impacts that many neighborhoods are experiencing due to multiple construction projects. The Ordinance will reduce weekday construction time by one hour by having construction end by 6:00 p.m., and will reduce Saturday construction time by three hours by having it begin no earlier than 8:00 a.m., and end by 5:00 p.m. The City Council has found that this Ordinance does not have a potential for causing a significant effect on the environment, and therefore, it is exempt from the requirements of the California Environmental Quality Act (CEQA). It is recommended that the City Council adopt Ordinance No. 2316 amending Section 4261 of Division 1, Part 6, Chapter 2 of Article IV of the Arcadia Municipal Code relating to construction hours. Approved: Dominic Lazza City Manager Attachments: Ordinance No. 2316 April 1, 2014 Staff Report ORDINANCE NO. 2316 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 4261 OF DIVISION 1, PART 6, CHAPTER 2 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE RELATING TO CONSTRUCTION HOURS AND FINDING THAT THE ORDINANCE IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. That the following amendment to the Arcadia Municipal Code do not have a potential for causing a significant effect on the environment, and therefore this Ordinance is not a project for the purposes of the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the State CEQA Guidelines. SECTION 2. Section 4261 of Division 1, Part 6, Chapter 2 of Article IV of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "4261. PROHIBITED HOURS DEFINED. The term "prohibited hours" as used in this Part shall mean any time after the hour of 6:00 p.m. of any weekday; any time before the hour of 7:00 a.m. of any weekday; any time after the hour of 5:00 p.m. of any Saturday; any time before the hour of 5:00 a.m. of any Saturday; any time on any Sunday; and any time on any of the following holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; and Christmas Day; provided that if in any calendar year any such holiday falls on a Sunday, the following Monday shall constitute the holiday." SECTION 3, The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of the City within fifteen (15) days of its adoption. Passed, approved and adopted this day of , 2014. ATTEST: City Cleric APPROVED AS TO FORM: G—ff Ste p en P. D6jtsch City Attorney -2- Mayor of the City of Arcadia 6 Iota �pa� tcd Aus­ S�a190} �Unitv of DATE: TO: April 1, 2014 Honorable Mayor and City Council STAFF REPORT Development Services Department FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator Don Stockham, Building Official SUBJECT: ORDINANCE NO. 2316 AMENDING SECTION 4261 OF DIVISION 1, PART 6, CHAPTER 2 OF ARTICLE IV OF THE ARCADIA MUNICIPAL CODE RELATING TO CONSTRUCTION HOURS AND FINDING THAT THE ORDINANCE IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Recommendation: Introduce SUMMARY The high volume of residential construction activity is adversely impacting many residential neighborhoods, particularly on weekends. In reaction, amendments to the Arcadia Municipal Code relating to construction hours are recommended. It is proposed that construction hours on Saturdays start later, 8:00 a.m. instead of 7:00 a.m.; and end earlier, 5:00 p.m. instead of 7:00 p.m.; and that construction end earlier on weekdays, 6:00 p.m. instead of 7:00 p.m. To make these changes, it is recommended that the City Council introduce the attached Ordinance No. 2316. DISCUSSION Construction hours are currently 7:00 a.m. to 7:00 p.m., Monday through Saturday, with construction not allowed on Sundays or the following specified holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. Over the last couple of years, staff has received numerous complaints about construction activity related to noise, the large construction vehicles on residential streets, and dust and debris. Certainly, the construction of a new house impacts the adjacent neighbors. But, given the pace of construction in the City over the past few years, there are many neighborhoods where on any given block multiple new houses are simultaneously under construction. This level of construction activity impacts a Ordinance No. 2316 amending Construction Hours April 1, 2014 Page 2 of 3 wider area of properties. The majority of complaints are related to weekends, when more people are in their homes, sleep -in, or have visitors. The City's construction hours of 7:00 a.m. to 7:00 p.m., Monday through Friday are consistent with most other cities; but, several cities have shorter hours on Saturdays. The construction hours of surrounding cities are as follows: City Weekdays Weekends Alhambra 7 a.m. to 8 p.m. 7 a.m. to 8 p.m. Sat. El Monte 6 a.m. to 7 p.m. 8 a.m. to 7 p.m. Sat. & Sun. LA County 7 a.m. to 7 p.m. 8 a.m. to 5 p.m. Sat. Monrovia 7 a.m. to 7 p.m. 9 a.m. to 6 p.m. Sat., Sun. & Hol. Pasadena 7 a.m. to 7 p.m. 8 a.m. to 5 p.m. Sat. San Gabriel 7 a.m. to 7 p.m. 8 a.m. to 4 p.m. Sat. San Marino 7 a.m. to 6 p.m. 9 a.m. to 4 p.m. Sat. Temple City 7 a.m. to 10 p.m. 7 a.m. to 10 p.m. Sat. Arcadia (Current) 7 a.m. to 7 p.m. 7 a.m. to 7 p.m. Sat Arcadia (Proposed) 7 a.m. to 6 p.m. 8 a.m. to 5 p.m. Sat. Because the high volume of residential construction activity is adversely impacting many neighborhoods, it is proposed that construction hours on Saturdays start later, 8:00 a.m. instead of 7:00 a.m.; and end earlier, by 5:00 p.m. instead of 7:00 p.m.; and that construction end earlier on weekdays, by 6:00 p.m. instead of 7:00 p.m. Although most other neighboring cities allow construction until 7:00 p.m. on weekdays, rarely do construction sites operate until this hour. As a result, it is not necessary to allow construction past 6:00 p.m. In addition, it is not anticipated that these changes in construction hours will elongate construction times for projects or lead to delays in the completion of projects. And, for any project, in certain circumstances, the Building Official can allow extensions to these hours upon written request per Section 4263 of Arcadia Municipal Code. One other minor change that is proposed is the elimination of the dates from the list of specified holidays. This is to avoid confusion because many holidays are no longer observed on their original dates. The proposed changes are as follows: 4261. PROHIBITED HOURS DEFINED. The term "prohibited hours" as used in this Part shall mean any time after the hour of 76:00 p.m. of any day-weekday; any time before the hour of 7:00 a.m. of any day-weekday; any time after the hour of 5:00 p.m. of any Saturday, any time before the hour of 8:00 a.m. of any Saturday, any time on any Sunday; and any time on any of the following holidays: january (New Year's Day3; May 30 Memorial Day3; jl41ndependence Day; Labor Day; Nevember-44 (Veteran's Day3; Thanksgiving Day; and DeEemer 25 (Christmas Day3; Ordinance No. 2316 amending Construction Hours April 1, 2014 Page 3 of 3 provided that if in any calendar year any such holiday falls on a Sunday, the following Monday shall constitute the holiday. ENVIRONMENTAL REVIEW The amendment to the Arcadia Municipal Code does not have a potential for causing a significant effect on the environment, and therefore, the Ordinance is not a project for the purposes of the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the State CEQA Guidelines. FISCAL IMPACT The adoption of Ordinance No. 2316 has no fiscal impact to the City. RECOMMENDATION It is recommended that the City Council find that this Ordinance is exempt from the requirements of the California Environmental Quality Act, and introduce Ordinance No. 2316 amending Section 4261 of Division 1, Part 6, Chapter 2 of Article IV of the Arcadia Municipal Code relating to Construction Hours. �OI'1'111110 L�ZZ$ City Manager Attachment: Ordinance No. 2316