HomeMy WebLinkAboutItem 2b - Ordinance No. 2316 regarding construction hours. GQ�LIFORN
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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:
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City Attorney
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Mayor of the City of Arcadia
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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