The URL can be used to link to this page

Home My WebLink About- - Zoning Code Amendment CO-09-16 - 2/2/2010CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 2, 2010 ITEM NUMBER: SUBJECT: ZONING CODE AMENDMENT CO -09-16 TO AMEND TITLE 13, CHAPTER XIII, SECTION 13-279 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 PROPOSED RESTRICTIONS. DATE: JANUARY 21, 2010 FROM: DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: WENDY SHIH, ASSOCIATE PLANNER KIMBERLY BRANDT, ACTING DIRECTOR FOR FURTHER INFORMATION CONTACT: WENDY SHIH, 714-754-5136 WSHIH@CI.COSTA-MESA.CA.US RECOMMENDATION Introduce Ordinance for first reading, to be read by title only, and to waive further reading. BACKGROUND Meeting History On November 9, 2009, the Planning Commission directed staff to prepare a Zoning Code amendment to establish more restrictive construction hours for exemption from the City's Noise Ordinance and to establish a procedure to seek relief from the proposed hours. On December 14, 2009 and January 11, 2010, the Commission conducted public hearings to consider the proposed amendment. The Commission recommended Council approval of the ordinance on a 4-1 vote (Righeimer voted no). Chair Righeimer was supportive of the ordinance, except for the prohibition of construction activity on federal holidays. These reports can be viewed online at: http://www.ci.costa-mesa.ca.us/CMCalendar.htm ANALYSIS Existing Code Regulation The City's Noise Ordinance sets standards for regulating unnecessary, excessive and annoying noises. Section 13-279(b), Exceptions, of the Zoning Code exempts construction activities from the Noise Ordinance: • Construction equipment, vehicles, or work between the hours of 7:00 a.m. and 8:00 p.m., provided that all required permits for such construction, repair, or remodeling have been obtained from the appropriate City departments. Therefore, the existing Code regulation allows construction activity to occur on Sundays and federal holidays, between 7:00 a.m. and 8:00 p.m. Code Amendment CO -09-16 to Modify Construction Hours The Commission considered modified construction hours as follows: 7 a.m. to 7 p.m. Mondays through Fridays. 9 a.m. to 6 p.m. on Saturdays. Prohibited on Sundays and Federal holidays. The following table lists Federal holidays: ®ate "cialName-, January 1 New Year's Day Third Monday in January Birthday of Martin Luther King, Jr. Third Monday in February Washington's Birthday Last Monday in May Memorial Da July 4 Independence Da First Monday in September Labor Da Second Monday in October Columbus Day November 11 Veterans Da Fourth Thursday in November Thanksgiving Da December 25 Christmas Da The Commission recommends approval for the following reasons: The Code amendment would provide consistent regulation of all construction activities. The Zoning Code currently allows construction between 7 a.m. and 8 p.m. daily, regardless if it is Sunday or a federal holiday. Pursuant to a condition of approval, the City has historically applied more restrictive hours/days for projects located on or near residentially zoned properties. Because this restriction has been applied as a "condition of approval" on a case -by case basis for discretionary projects, construction projects approved over-the-counter were not subject to these restrictions. Therefore, this resulted in non-uniform application of these construction restrictions. 0 The Code amendment would allow a uniform application of the restrictions. The Code amendment would be comparable to regulations set by the surrounding cities. The amendment would prohibit construction on Sundays and federal holidays similar to surrounding cities (see Attachment 2 Construction Hours Survey). As with existing Code, the limitation on construction hours would not apply to activities that will not generate noise audible from off site, such as painting and other quiet interior work. If the Code amendment does not prohibit construction activities on federal holidays, construction could occur on any of these holidays. All construction activities outside the permitted hours would be subject to the City's noise regulations. The Code amendment includes a waiver procedure by which extended construction hours may be approved on a case-by-case basis by the Planning Division. The Commission may consider a minor modification process to allow a temporary waiver for construction equipment, vehicles, or work outside the permitted hours. Any temporary waiver would take into consideration the unusual circumstances requiring construction activities outside the permitted hours and the short-term impacts on nearby residential and business communities. It should be noted that this waiver procedure is strictly for construction activity that must occur outside the permitted hours due to unusual circumstances. The Code already specifies a variance procedure for exemptions from the City's Noise Ordinance for violating noise sources that take into account the uses of property affected by the noise, the economic factors related to age and useful life of equipment and a proposed method/time schedule for achieving compliance. Public Notice A public notice regarding the proposed amendment has been sent to the Building Industry Association and major homebuilders. If the Code amendment is adopted by Council, staff will incorporate a notice of allowable construction hours on all building permits issued. ENVIRONMENTAL DETERMINATION: The project has been reviewed for compliance with the California Environmental Qqality 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 it can be seen with certainty that there is no possibility that the proposed amendment to the Zoning Code will have a significant effect on the environment. LEGAL REVIEW: The City Attorney's office approved this Ordinance as to form. 3 ALTERNATIVES: Introduce and .give first readinq of Ordinance. This action will modify hours for construction activity in the Noise Ordinance and provide a waiver procedure to deviate from the hours. The Council may recommend alternate hours and/or days for construction activities exempt from the Noise Ordinance. 2. Receive and file. This action will allow the existing Code regulation and standard condition of approval to be applied to construction projects. CONCLUSION: The proposed Code amendment modifies construction hours in the Noise Ordinance and provides a waiver procedure for deviation from the specified hours. The proposed changes are consistent with surrounding cities' regulation of construction activities. AX VVMDY SHI KIMBERLY BRAT, AICP Associate Planner Acting Development Services Director Attachment: 1. Ordinance 2. Construction Hours Survey Distribution: City Manager Asst. City Manager City Attorney Acting Asst. Dev. Svs. Director Public Services Director City Clerk (2) Staff (4) Planning Staff (8) File (2) File: 020210000916 I Date: 012110 1 Time: 10:30 a.m. R ATTACHMENT 1 ORDINANCE NO. 10 - 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(b) 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(b) 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 of7:00-ate—and-8:00 p.m., 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. Saturdays Prohibited all hours Sundays and Federal holida (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 aranted by the "Develoament Services Director or his/her desianee. Anv 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 day of 2010. ALLAN R. MANSOOR Mayor of the City of Costa Mesa R ATTEST: APPROVED AS TO FORM: City Clerk of the City of Costa Mesa City Attorney Y STATE OF CALIFORNIA) )ss COUNTY OF ORANGE ) I, JULIE FOLCIK, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above foregoing Ordinance No. 10- as introduced and considered section by section at a regular meeting of said City Council held on the day of , 2010, and thereafter passed and adopted as a whole at the regular meeting of said City Council held on the day of , 2010, by the following roll call vote:. AYES: NOES: ABSENT: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this day of , 2010. City Clerk City Council of the City of Costa Mesa Ell I ATTACHMENT21 CONSTRUCTION HOURS SURVEY DAY OF THE WEEK NI r id'a 7:00 am — 8:00 pm (8:00 am — 6:00 pm if 7:00 am — 8:00 pm n17 R, 7:00 am — 8:00 pm conditioned through conditioned (Prohibited if conditioned through Planning Application) Planning Application) ugh IN aFOU19"1111-T-11" R VIA M r 7:00 am — 8:00 Pm 9:00 am — 8:00 pm Prohibited H', 7:00 am — 8:00 pm 7:00 am — 8:00 pm Prohibited T, 7:00 am — 7:00 pm 9:00 am — 6:00 pm Prohibited ,,vw' 'Q"1" 7:00 am — 8:00 pm 7:00 am — 8:00 prn Prohibited jNEWPORT N 7:00 am — 6:30 pm 8:00 am — 6:00 pm Prohibited NI