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HomeMy WebLinkAbout1978-03-07; City Council; 5368; Proposed Construction Noise OrdinanceCITY OP GARLSBAD AGENDA BILL NO. j^SA^ Initial z'^^'Tt^ ' Dept.Hd.'^ DATE: MARCH 7, 1978 ^ Atty.5^ DEPARTMENT: CITY MANAGER C. Mgr. 5 Subject: PROPOSED CONSTRUCTION NOISE ORDINANCE Statement of the Matter o» At its February 7, 1978 meeting, the City Council considered a proposed ordinance which would limit the hours of construction as a means to control noise from construction activities. The Council expressed concern that the proposed ordinance would prevent a homeowner from engaging in weeikfnd home improvement projects. The staff was directed tb prepare an ordinance that would not restrict homeowners from working oh their homes on weekends. The attached draft ordinance has been prepared to provide that owner/occupan.ts or resident/tenants of. residential property could work on their homes on any day between the hours of 7:00 a.m. and sunset. Exhibit Ordinance No.^/^yadding Chapter 8.48 to the Carlsbad Municipal Code. | Petition received from homeowners on Abedul Street | Recommendation | If the council desires to establish limits on the hours of * c construction, the Council may introduce the attached ordinance* Council action 3-8-78 Ordinance No. 3109, amending Title 8 of the Carlsbad Municipal Code by the addition of Chapter 8.48 to regulate construction noise, was introduced for a first reading, amending it to read prior to 8:00 A.M. on Saturday and Sunday and 7:00.iA.M. Monday thru Friday. 3-14-78 Ordinance No. 3109, amending Title 8 of the Carlsbad Municipal Code by the addition of Chapter 8.48 to regulate construction noise, was adopted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 31G9 AN ORDINANCE OF THE CITY COUNCIL OF TRE CITY OF CARLSBAD, CALIFORTTIA, AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF UiAPTER 8.48 TO REGULATE CONSTRUCTION NOISE. The City Counr-il of Uie City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 8 of the Carlsbad Municipal Code is amended by the addition of Chapter 8.48 to read as follows; "Chapter 8.48 NOISE Sectionsi 8.48.010 Limitations of hours for construction. 8.43.020 Exceptions. H 48 010 Tini^^^-^^v^ nf hours for construction. The erection, demolltflH7^ktI^7-^r repair of any building or ^structure or nradina or excavation of land in such mannex as to create exoIss?ve or offensive -i?^f-i"9 th| following hours except as hereinafter provided, is a ^"l^""" °|„^^^^ Monday (1) After sunset on any day, and before 7:00 A.M. Monaay through Friday and beEore 8:00 A.M. on Saturday; through triai smiAe^Y. New Years Day, Memorial Day, independence Day; Labor Day, Veterans Day, Thanksgiving Day, Christmas Day. H 020 Ex-eptions. (1) An owner/occupant or resident/ tenant'of'residenElfl^perty may engage in a home improvement or ^?Se"constfultion P-nect^nvolying the erec^^^^^^^ alteration or -pair of a build.ng -^^^^--SfhourfofS = 00 I.M. I^JHul^rt a^d^of w ekcnL bet^^^ p^oTSrtfairi^ ;-LSa?irc.r?i^d^orbr"a!fowner/occupant or -^^1^r^?rrc^ity Manager m ,.ant^e^^^^^^^ 8.48.010 by issuing ^^P-^^/^^^f^^^^^^^^ protect 14-1 \LA <=nfp»^v of'anv mGmber of the community, the l^-l". and safe^y^of .any^.^^ 5-^^^^s^^ucturo inhabited dwellings wi.Hin l.OOO fee ° ^he^building or^structui roinL?i:rt 'thHitf i^oinglradca or eLavatod." 1 2 3 4 5 6 7 8 9 10 11 12 13 '14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at an adjourned regular meeting of the Carlsbad City Council held on the 8th day of March. 1978 and thereafter PASSED AND ADOPTED at an oC?j>'jrned regular meeting of said City Council held on the 14th day of March, 1978. by the following vote, to wit: AYES: NOES: ABSENT Councilmen Frazee, Lewis, Skotnicki and Councilwoman Casler None None ROBERT C TRAZET Mayor ATTEST: 15r|fe|fE^Ara Clerl (SEAL)' -2- To: February 10, 1978 Mayor Frazee and Members of the City Council i^^^ It is most unfortunate that complaints are not ^ verbalized or written to the right pa^^^J^^ the complaining. As we know, most people hesitate ©r^are not inclined to voice protests v;here they would do the most good. Therefore, the actual conrplaining is left to a small minority, creating the absolutely false impression that only these few are troubled by a partieuUr in9tt«^r. The enclosed petitior* ^^e circula e<J Abedul Street, which is in the La Costa Meadows secti.-n if^jf' neighbor approached eagerly signed, t^. '^i^i'^^H-? ll one who felt a conflict of interest, VP. ihZ ^eel tiiat as homeowners we are being denied oi^r -^gUts t) peaceful and quiet enjoyment of our property. WHY do we have to tolerate commercial construction noise 7 DAYS A WEEK, from dawn to well into the evening hours? WHY are there no limits being set and upheld as fo^^th®^ types of businesses? WHY does it necessitate * ^axpaying homeowner's having to resort to a costly to be able to enjoy ONE day per week of fr<^edom from comaierciai construction noise? WHY can you, as our elected representatives, not see _ vour way clear to push for a definitive ordinance which would blearly regulate the hours of COMMERCIAL CONSTRUCTION in^ populated neighborhoods? The idea of thejiomeownerjjho has no other opportunity except Sunday to work on his own home is not even the issue, but is being used as the exf«s«,to do nothing against COMMERCIAL CONSTRUCTION interests within the city of Carlsbad. We hope that you will favorably consider our petition and take an immediate action to alleviate this intolerable noise pollution condition. Sincerely, The Homeowners on Abedul Street October 1, 1977 City Council 1200 Elm Avenue ^^^^^ Carlsbad, California 92008 Gentlemen: wtt are residents of the La Costa section of Carlsbad, we * 4.??li„T!,„ i-o .voress our grievances concerning and we are petitioning to in our neiahljor-the totaUy unregulated construction ^^^^i^.^^^^S^tioT as citizens, ta:5>ayers, and voters. Our coii««laint8 concern the following: PROBLEM: The lack of a City orfi"*?"* P^^^^^^iS' iSi^h aUows stouction activity in populated '"i^*"*^*^-?!'"^; day or contractors to heavy equipment ^^yi^J^fi V^lelsslch night, and the police department s inaDiwy u f activity despite neighborhood complaints. The typical problem is this. Ve^T ««:Xy^at«rtoy^^^^ Sunday morning, « «?'?'^«S**'''i.Si LiS2 Sf^teh, In oS?^norm*lly fuiSrS^riUl^^iS wak^^^^^^^^^ ^ add insult to injury, he will typically finisn prioi^ leave the job. soLtrriOH: Tt^t a City o^^^^ ^rtt^g^lhSt NO ^ stipulation »<*«'«^^1f .!°*v^":irr!LPS ovulated residentTal loud construction activity be allowed ^ PWJ ^ Saturdays. areas prior to 7:00 A.M. «>" on Sundays unless There should be no "on't"^"?^""'^'Lf*^ eSisSsV (This la»t an emergency endangering iJ^*°fP''^S^tS iach contractor by sentence is ^^^^,1'°^ ^J^f.'^l^A^ owyof which is hereto the La costa Architectural Committee, a co^ i?tached, but which has ^*»^f°||f J^arLSd Uiain un- work and loud activity f^^'i^.Son of the above restricted. Coj^laints received i^^^^ activity S;?fl thfJ^gai day''^ t?L!^a^ notice to the Building SS^it^t. in case additional permits are requested. j^.vsi^ 4-t-;9-iier semi-tractors wandering aimless- i^igh^SSgAb^rS^il r/reet^s^e^^^ a particular building site or development entrance. ,,np»«pn SOLimON: *.req«iremef in^buildi^^ P^S^^s^deU^ry other instrument stating 'hat if a contractor^requ ^^^^^ of materials for his 30b, he °^^hisjepresenta ^ ^^^^^^ ^Sfs'^otMcf thrtlSIn^^^^^^^^ driver to drive through populated neighborhoods unnecessarily. Page 2. ppHRTPM. The fact that our residential streets have been SfrntfL facto drag strips by construction workers coming to and leaving job sites. PROPOSED SOLUTION: Increased police average, with radar if possible, during the hours of 5:00-7:00 SJ-^'J^ Ind 4:00-6:00 P.M. daily on our neighborhood "greets, in Articular on Alga Road at the intersection of Alicante. We believe the above proposals or some ^"J'tion thereof, are reasonable, not unduly restrictive,, and not out n? line with the policies and ordinances of nearby cities. ?hese?eqiirement8 could easily be met by any contractor (or io^llwSe?rthrough the exercise of a minor amount of planning, managerial skill, and comnon decency ^^^^^^^^^ ^^^^ Very truly yours, ^^/S dC/L£^ ^^^^ , '^w, (SWA li- COSTA DEL MAR ROAD LACOSi;^ RASCHO LA COSTA. CALn-QRSiA 9mS TELEPHOSB 7I4I75S.II8I or 7r>-9ltl ******** after start of constr actio.-,. Tf tre^TJtuHts. .«isti„. trees for^^^ c^'^'^'^^^^^^ '^^^^ *««eecru«Z written permission fros! ths Cat» tari»j= rJttee. .v,{^,.„d for our approwil within (30) dags i. Exterior color selections ""^^f '"^^'^if^f ^^^s o? paints/stains.- indicate after start of construction, /-f^f ^.^^'^^J^'^^o/o/ roof Material, roof v»nt. " ----- """^" «,i„r. .esi.„ an. io=ation pr:or o ^^^^^^ .^^^ Lt^L^lp^owT'^r^^^^^^^^ - - the sei/ar. oermitted to bs exposed. There is TV antennasr P'^leSr wires, etc. , ^^J"^ ^ ' cost&. Tor construction ond an underground --^^-'^'^^t^^^/'^cS other in formtion, please call U^ COorA ^ j^^^scaping to protect yonr TV edible should he joined co your hojse prMu investment. ^„^an-rrf.rfnc- life or propert y. .nrk is ^ot'-'-'"^ -"l^ss an e.^rrr.nr„ .ndan^r.ng P • - ... „, „».r after approval of plans. SiKJuid .s^rc^tion .ust co^^^^^^^^^^ ^ rL'nic^^aV/^: re^Uit plans. Ple-^s. advise ^Ms"^rrthre:;; ia.e of .....rt of construction. t..CO.. -'-f:-'^-:::nr;i:.rt^trarj^^^^^^^ ., ..,er^in, ot;.er .o.ernin. , Restrictions lCCS.'s, r^jqulcoioents outlined oy t— recur.i for this subdivision Ver untruly yours. Secretary I.LV/tC , . , S. .Ja:mT.i'On, CM\ l.C: