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AGENDA REPORT
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DATE: August 13, 2001 ((��
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TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: Amendment to Noise Ordinance re: Allowable Hours for
Construction and Maintenance - Introduction of Ordinance
SUMMARY OF REOUEST:
Introduce Ordinance No. 1474, amending Sections 13D -7(e) and 13D -7(f) to specify the
allowable hours for construction and maintenance activities to not begin until 8:00 AM
on Saturdays. Council would have the option of amending Section 13D -7(f) to further
clarify who can undertake maintenance activities on Sundays.
BACKGROUND:
At the June 25, 2001 City Council meeting staff was requested to prepare an ordinance
amending the provisions of Chapter 13D, Noise Control, regarding the allowable starting
time for construction and maintenance activities on Saturdays from the currently
permitted 7:00 AM to 8:00 AM. The concern of the City Council was related to adverse
noise impacts to adjoining residential uses by early morning construction and
maintenance activities on Saturdays.
The City Council introduced Ordinance No. 1474 on July 9, amending Section 13D -7(e),
relating to construction, repair, remodeling and grading activities. This amendment
would restrict the hours for these activities to not begin until 8:00 AM on Saturdays,
while the current Code provisions allows those activities to begin at 7:00 AM.
The City Council then requested staff to prepare an additional amendment to Section
13D -7(f), relating to maintenance of real property, conforming the. hours to match the
allowable 8:00 AM hour previously introduced by the City Council in Ordinance No.
1474. The concern of the City Council for both of these amendments relates to adverse
noise impacts to adjoining residential uses by early morning construction or maintenance
activities on Saturdays. -
Agenda Item
C.Wy Dac nwlCity CoumiMoiu OA Sec 13D.7(c) & (o Revision.CC St Repo mV.WW0"1 -01
Noire Ordinance Amendment — Section 13D -7(e) and (0
Introduction of Ordinance No. 1474
City Council Staff Report
August 13, 2001
During the interval between consideration of these matters, the local news media
incorrectly indicated it was the intent of the City Council to prohibit maintenance
activities on Sundays. The City Council did discuss that issue, but did not instruct staff to
proceed with any such ordinance revision.
At the July 23rd City Council meeting there was discussion as to how these provisions of
the Code were interpreted by staff, with staff indicating the interpretation has been for
many years that Section 13D -7(e) pertains to activities by a licensed contractor relating to
the "construction, repair, remodeling, or grading" of any real property, while Section
13D -7(f) pertains to activities by a homeowner or tenant relating to "maintenance" of real
property. The City Council indicated they would like this language clarified to eliminate
the uncertainty as to what real property activities are covered by each section.
Staff has reviewed in excess of 75 municipal codes within the state regarding noise
control provisions for "maintenance" activities on Sundays, and other related provisions
as to work done by contractor's or landscape maintenance personnel conducted on
Sundays. Several codes have provisions that would allow for landscape maintenance
activities on Sundays within specified time periods. In addition, several codes have
provisions that allow home maintenance and construction activities on Sundays with
specific provisions that the work must be done by the resident ownerltenant, and in some
cases allow construction activities by contractors to also occur on Sundays. The large
majority of codes do not specifically address the concerns expressed by the City Council.
Staff has not received any number of significant complaints regarding construction or
property maintenance activities occurring on Sundays, and therefore would recommend
that the basic ordinance provisions of Section 13D -7(f) remain. This would allow the
City to respond to a significant, on -going problem that may occur in the future, while
allowing homeowners and tenants the ability to improve and maintain their properties
with the understanding that courtesy and respect for weekend activities of neighbors
needs to be considered.
Provided below for the information of the City Council is the current language of Chapter
13D, Section 13D -7, Special Provisions, regarding construction and maintenance
activities allowable hours:
"(e) Noise sources associated with construction, repair, remodeling, or
grading of any real property, provided said activities do not take place
between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including
Saturday, or at any time on Sunday or local, State or Federal holidays.
(f) Noise sources associated with the maintenance of real property
provided said activities take place between the hours of 7:00 a.m. and 8:00
p.m. on any day except Sunday or local, State or Federal holidays, or
between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or local, State or
Federal holidays."
Noise ON Sec I3D -7(e) & (() Revinon.CC Smn Report
Noise Ordinance Amendment— Section 13D -7(e) and (f)
Introduction of Ordinance No. 1474
City Council Staff Report
August 13, 2001
The proposed amendment will restrict hours for construction and maintenance activities
on Saturdays between 8:00 AM and 8:00 PM, and clarifies that maintenance activities are
those "personally carried out by an awner /occupant or residenUtenant". The proposed
language would clarify that landscape maintenance activities may occur on Sundays
between 10:00 AM and 5:00 PM by contractors. The current hours for maintenance
activities of 9:00 AM to 8:00 PM on Sundays are retained.
FISCAL IMPACT: None.
Introduce Ordinance No. 1474, An Ordinance of the City of Seal Beach Amending
Section 13D -7 of the Code of the City of Seal Beach Regarding the Allowable Hours of
Construction and Maintenance Activities
NOTED
e Wluttenberg John ahorsld, City
Director of Development Services
Attachments: (1)
Attachment 1: Ordinance No. 1474, An Ordinance of the City of Seal
Beach Amending Section 13D -7 of the Code of the City of
Seal Beach Regarding the Allowable Hours of Construction
and Maintenance Activities
Note Ott Sm 13D -](e) & (Q Revieion.CC Sun Report
Noise Ordinance Amendment — Section 13D -7(e) and (0
Introduction of Ordinance No. 1474
City Council Staff Report
August 13, 2001
Staff Recommendation:
Staff has prepared as Attachment I an ordinance for introduction that will revise the
hours in Sections 13D -7(e) and (f) as indicated below (language to be deleted is indicated
by dsaMe im and language to be added is indicated by braid and double-
underlined text:
"(e) Noise sources associated with construction, repair, remodeling, or
grading of any real property, provided said activities de- aet take place
between the hours of 9199 fie. ZQQ_a, and :, on
weekdays, 3AeWding between 8.00 a.m. and R:00 o.m. nn Saturday, ee
and do rant take place at any time on Sunday or local, State or Federal
holidays.
(f) Noise sources associated with the maintenance of real property,
provided said activities take place between the hours of 7:00 a.m. and 8:00
p.m. on weekdays, between 8:00 a.m. and 8:00 D.m. nn Saturdays ex
or between the
hours of 9:00 a.m. and 8:00 p.m. on Sunday or local, State or Federal
holidays."
The proposed amendment will restrict hours for construction and maintenance activities
on Saturdays between 8:00 AM and 8:00 PM in accordance with the direction of City
Council and the recommendation of Staff, and make no change to the current provisions
regarding maintenance of real property on Sundays.
Optional Revisions re • Maintenance of Real Proyertv/Landtcape Maintenance Activities
on Sundays:
If the City Council would wish to provide additional language to clarify the types of
maintenance activities that can occur on a Sunday, staff would suggest additional
revisions to the language of these sections to clarify this concern of the City Council.
Based on the previous City Council discussion, staff would recommend the following
revisions to Section 13D -7(f):
`(f) Noise sources associated with the maintenance of real property
provided said activities take place between the hours of 7:00 a.m. and 8:00
p.m. on weekdays, hetween 8:00 a.m. and 8:00 u.m. on Saturday e
or between the
hours of 9:00 a.m. and 8:00 p.m. on Sunday or local, State or Federal
holidays. Landscape maintenance activities may he conducted by
Nwe ON Sec 13D -7(e) & (n Revisxm= sun R.,o