HomeMy WebLinkAbout10-03 Days and Hours Construction Activity is Exempt from the City's Noise RegulationsORDINANCE NO. 10-3
AN ORDINANCE OF THE CITY COUNCIL OF COSTA
MESA, CALIFORNIA ADOPTING ZONING CODE
AMENDMENT CO -09-16 TO AMEND TITLE 13, CHAPTER
XIII, SECTION 13-279 OF THE COSTA MESA MUNICIPAL
CODE RELATING TO THE DAYS AND HOURS IN
WHICH CONSTRUCTION ACTIVITY IS EXEMPT FROM
THE CITY'S NOISE REGULATIONS AND TO
ESTABLISH A PROCEDURE TO SEEK RELIEF FROM
THE RESTRICTIONS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: TITLE 13. Title 13, Chapter XIII. Noise Control, of the Costa Mesa
Municipal Code is hereby amended as follows:
a. Amend Section 13-279 as follows:
"Sec. 13-279. EXCEPTIONS FOR CONSTRUCTION
The provisions of this chapter shall not apply to the following:
(a) Emergency machinery, vehicles, or work; or
(b) Construction equipment, vehicles, or work between the following approved
hours, provided that all required permits for such construction, repair, or
remodeling have been obtained from the appropriate City departments.
HOURS FOR CONSTRUCTION ACTIVITIES
7:00 a.m. through 7:00 p.m. Mondays through Fridays
9:00 a.m. through. 6:00 p.m.
Prohibited all hours
Saturdays
Sundays and the following
Specified Federal holidays:
New Year's Day, Memorial Day,
Independence Day, Labor Day,
Thanksgiving Day, and Christmas
Day
(c) Waiver Procedure. An applicant may request approval of a minor
modification for a temporary waiver for construction equipment, vehicles,
or work outside these permitted hours. The minor modification may be
granted by the Development Services Director or his/her designee. Any
temporary waiver shall take into consideration the unusual circumstances
requiring construction activity outside the permitted hours and the short-
term impacts upon nearby residential and business communities.
Minor modification findings shall indicate whether or not the extended
construction hours will be materially detrimental to the health, safety, and
general welfare of persons residing or working within the immediate
vicinity of the construction site.
Unless a temporary waiver is approved, construction activity outside the
permitted hours shall still be subject to the City's noise regulations."
SECTION 2: ENVIRONMENTAL DETERMINATION. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines,
and the City's environmental procedures, and has been found to be exempt pursuant to
Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that the City Council
hereby finds that it can be seen with certainty that there is no possibility that the passage
of this ordinance amending the Zoning Code will have a significant effect on the
environment.
SECTION 3: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance.
SECTION 4: APPLICABILITY. The provisions of this ordinance shall be applicable to all
building permit activities that will generate noise audible from off-site.
SECTION 5: SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 6: PUBLICATION. This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the expiration of fifteen (15)
days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a
newspaper of general circulation, printed and published in the City of Costa Mesa or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five
(5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and
shall post in the office of the City Clerk a certified copy of this Ordinance together with the
names and member of the City Council voting for and against the same.
PASSED AND ADOPTED this 16th day of February, 2010.
Allan R. Mansoor, Mayor
ATTEST: APPROVED AS TO FORM:
a"\f
Ju 'e Folcik; ity Clerk Kimberly Hall Barlow, ity Attor ey
STATE OF CALIFORNIA )
r COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 10-3 was duly introduced for first reading at
a regular meeting of the City Council held on the 2 I day of February, 2010, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the
City Council held on the 16th day of February, 2010, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 3rd day of February, 2010.
VIA
P141M"OLCIK, CLERK
(SEAL)
I hereby certify that the above and foregoing is the original of Ordinance No. 10-3 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held
February 16, 2010, and that Summaries of the Ordinance were published in the
Newport Beach -Costa Mesa Daily Pilot on February 10, 2010 and February 23, 2010.
JULI OLCIK, CITY CLERK