HomeMy WebLinkAbout2013-04-02; City Council; 21182; Amending the Carlsbad Municipal Cose Title 1-General Provisions, Title 8-Public Peace, Morals and Safety and Title15-Grading and DrainageCITY OF CARLSBAD - AGENDA BILL 8
21.182 AB#
MTG. 4/2/2013
DEPT. CED
AMENDING THE CARLSBAD MUNICIPAL CODE,
TITLE 1 - GENERAL PROVISIONS. TITLE 8 -
PUBLIC PEACE, MORALS AND SAFETY, AND TITLE
15 - GRADING AND DRAINAGE
DEPT. DIRECTOR
CITY ATTORNEY nA
CITY MANAGER
RECOMMENDED ACTION:
That the City Council INTRODUCE Ordinance No. CS-211 AMENDING the Carlsbad Municipal Code,
Title 1 - General Provisions, Title 8 - Public Peace, Morals and Safety and Title 15 - Grading and
Drainage, to revise regulations affecting hours of construction.
ITEM EXPLANATION:
The city's regulations on construction hours were last modified in 1978. Restrictions on hours of
construction are included both in Title 15 - Grading and Drainage and in Title 8 - Public Peace, Morals
and Safety. With the growth of the city, many of the development projects currently being constructed are
in-fill projects, adjacent to existing homes. There has been an increase in the number of complaints from
current residents disturbed by construction noise. Complaints also increase in the spring and summer,
since the current regulations allow work until sunset and the longer daylight hours can result in residents
being subject to construction noise in the evening.
In response to the increased number of construction noise complaints, staff is proposing changes that
would limit the hours of construction to between 7 a.m. and 6 p.m., but build in flexibility to increase or
decrease those hours for unique project-specific conditions. The proposed changes will also clarify that
construction is not permitted on any federal holiday.
The draft ordinance amendment was shared with the Building Industry Association, who circulated it to
their members with interests in Carlsbad. No comments were received from their members.
FISCAL IMPACT:
Modifying the hours for construction will not have any fiscal impact upon the city. Currently, building and
engineering inspectors are only available for inspections within their normal working hours. The proposed
changes in hours of construction will not impact the number of hours that inspectors work.
ENVIRONMENTAL IMPACT:
Carlsbad Municipal Code Title 19, Environmental Protection Procedures, identifies minor municipal code
amendments which do not lead to physical improvements beyond those typically exempt or which refine or
clarify existing land use standards as being exempt from the California Environmental Quality Act (CEQA)
and thus not requiring environmental review. This exemption is pursuant to State CEQA Guidelines
Section 15061 (b) 3, which states "when it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject to CEQA."
EXHIBITS:
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2.
City Ordinance No. CS-211
Strikeout version of proposed Ordinance.
DEPARTMENT CONTACT: Glen Van Peski 760-602-2783, alen.vanpeski(S)carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF
Jjr Introduced WITHDRAWN • OTHER-SEE MINUTES Jjr Introduced
AMENDED • Ordinance
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ORDINANCE NO. rQ-oii
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD
MUNICIPAL CODE, TITLE 1 - GENERAL PROVISIONS, TITLE 8 -
PUBLIC PEACE, MORALS AND SAFETY, AND TITLE 15 -
GRADING AND DRAINAGE, TO REVISE THE HOURS OF
CONSTRUCTION
The City Council of the City of Carlsbad, California, hereby ordains as follows:
SECTIONI:
That Title 1, Chapter 1.08 of the Carlsbad Municipal Code is amended by the revision
Of Section 1.08.010(a) to read as follows:
"1.08.010 ~ Designated,
(a) Whenever in Chapters 6.03, 8.16, 8.44, 8.48, 8.50, 11.28 and 15.12, or as
specified in Sections 1.13.040, 1.20.330(c), 1.20.330(d), 5.10.130, 6.04.130,
8.17.200(A)(1), 8.17.200(A)(2), 8.17.200(A)(3), 8.17.200(A)(4) and 17.04.070 of this
code any act is prohibited or is made or declared to be unlawful or an offense, or the
doing of any act is required or the failure to do any act is declared to be unlawful or a
misdemeanor, the violation of any such provision is a misdemeanor and shall be
punished by a fine not exceeding one thousand dollars or imprisonment for a term not
exceeding six months, or by both such fine and imprisonment unless some other fine
or penalty is stated in said chapter or section."
SECTION 2:
That Title 8, Chapter 8.48 of the Carlsbad Municipal Code is amended by the revision
of Section 8.48.010 to read as follows:
"8.48.010 - Construction hours limitations.
It shall be unlawful to operate equipment or perform any construction in the erection,
demolition, alteration, or repair of any building or structure or the grading or
excavation of land during the following hours, except as hereinafter provided:
(1) After six p.m. on any day, and before seven a.m., Monday through Friday,
and before eight a.m. on Saturday;
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(2) All day on Sunday; and
(3) On any federal holiday."
That Title 8, Chapter 8.48 of the Carlsbad Municipal Code is amended by the revision
of Section 8.48.020 to read as follows:
"8.48.020 - Exceptions.
(1) An owner/occupant or residenVtenant of residential property may engage in a
home improvement or home construction project between the hours of eight a.m. and
six p.m. on Sundays and holidays, subject to modification by (2) below, provided
such project is for the benefit of said residential property and is personally carried out
by said owner/occupant or resident/tenant.
(2) The building official, city engineer, or other official designated by the city
manager may modify the hours of construction specified in Section 8.48.010. In
making a determination to lengthen or shorten the hours of construction, the city
official shall consider the following:
a. Whether the project is an emergency repair required to protect the
health and safety of any member of the community;
b. Whether the construction would be less objectionable at night than
during daylight hours;
c. The character and nature of the neighborhood in the vicinity of the
work site;
d. The potential for great economic hardship;
e. If the work is in the interest of the general public;
f. Whether there is a previously unforeseen effect on the health, safety
or welfare of the public; and
g. Any history of complaints regarding compliance with the limitation on
hours of construction."
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That Title 8, Chapter 8.48 of the Carlsbad Municipal Code is amended by the
addition of Section 8.48.030 to read as follows:
"8.48.030 - Signage.
Signs shall be posted at jobsite entrance(s) indicating hours of work as prescribed by
this Title or as modified by the designated city official. Letters shall be a minimum of
4" high with a minimum stroke width of V2 inch."
SECTION 3:
That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended by the
revision of Section 15.16.120.A.4 to read as follows:
'Time of Grading Operations. For permitted hours of operation and signage
requirements, refer to Chapter 8.48."
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause it to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 2nd_day of April 2013, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the day of , 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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EXHIBIT 2
SECTIONI:
That Title 1, Chapter 1.08 of the Carlsbad Municipal Code is amended by the revision
of Section 1.08.010(a) to read as follows:
"1.08.010-Designated.
(a) Whenever in Chapters 6.03, 8.16, 8.44, 8.48. 8.50. 11.28 and 15.12, or as
specified in Sections 1.13.040, 1.20.330(c), 1.20.330(d), 5.10.130, 6.04.130,
8.17.200(A)(1), 8.17.200(A)(2), 8.17.200(A)(3), 8.17.200(A)(4) and 17.04.070 of this
code any act is prohibited or is made or declared to be unlawful or an offense, or the
doing of any act is required or the failure to do any act is declared to be unlawful or a
misdemeanor, the violation of any such provision is a misdemeanor and shall be
punished by a fine not exceeding one thousand dollars or imprisonment for a term not
exceeding six months, or by both such fine and imprisonment unless some other fine
or penalty is stated in said chapter or section."
SECTION 2:
That Title 8, Chapter 8.48 of the Carlsbad Municipal Code is amended by the revision
of Section 8.48.010 to read as follows:
"8.48.010 - Limitation of hours for oConstruction hours limitations.
It shall be unlawful to operate equipment or perform anv construction or repair work
lOjThe erection, demolition, alteration, or repair of any building or structure or the
grading or excavation of land in such manner as to croato disturbing, oxcossivo or
offonsivo noico during the following hours, except as hereinafter providedr-is-a
violation of this codo:
(1) After swset-six p.m. on any day, and before seven a.m., Monday through
Friday, and before eight a.m. on Saturday;
(2) All day on Sunday-: and New Year's Dav. Memorial Day. Indnpnnrinnnn n.ny
Labor Day, Veterans Day, Thanksgiving Day and Chhstmas Day
mO) On anv federal holiday."
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EXHIBIT 2
That Title 8, Chapter 8.48 of the Carlsbad Municipal Code is amended by the revision
of Section 8.48.020 to read as follows:
"8.48.020 - Exceptions.
(1) An owner/occupant or resident/tenant of residential property may engage in a
home improvement or home construction project involving the eroction, demolition,
alteration or repair of a building or structure or the grading or excavation of land on
any wookday between the hours of sovon eight a.m. and six p.msufiset on Sundays
and holidays, subiect to modification bv (2) below, weekends botwoon tho hours of
eight a.m. and six p.m.sunsot.-provided such project is for the benefit of said
residential property and is personally carried out by said owner/occupant or
resident/tenant.
(2) The building official, citv engineer, or other official designated bv the citv
manager may grant oxcoptions tomodifv the hours of construction specified in
Section 8.48.01 Oby issuing a permit in the following circumstancos:. In making a
determination to lengthen or shorten the hours of construction, the citv official shall
consider the following:
a. Whon omorgoncy repairs aro roquirod to protect tho hoalth and safety
of any mombor of the communitv.Whether the proiect is an emergency repair
reguired to protect the health and safety of anv member of the communitv:
b. In non-rosidential zonos. provided thoro aro no inhabitnd riwnlllngr.
within ono thousand foot of the building or structure boing oroctod,
demolishod, altered or repaired or tho oxtorior boundarios of tho sito boing
graded or oxoavatod.Whether the construction would be less obiectionable at
night than during daylight hours:
c. The character and nature of the neighborhood in the vicinity of the
work site:
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EXHIBIT 2
d. The potential for great economic hardship:
e. If the work is in the interest of the general public:
f. Whether there is a previouslv unforeseen effect on the health, safety
or welfare of the public: and
brQ. Anv historv of complaints regarding at-4he work sito of compliance
with the limitation on hours of construction."
That Title 8, Chapter 8.48 of the Carlsbad Municipal Code is amended by the
addition of Section 8.48.030 to read as follows:
"8.48.030 - Signage.
Signs shall be posted at iobsite entrance(s) indicating hours of work as prescribed bv
this Title or as modified bv the designated citv official. Letters shall be a minimum of
4" high with a minimum stroke width of Vz inch."
SECTION 3:
That Title 15, Chapter 15.16 of the Carlsbad Municipal Code is amended by the
revision of Section 15.16.120.A.4 to read as follows:
'Time of Grading Operations. Grading operations within ono half milo of a structuro
for human occupancy shall not be conducted botwoon tho hours of sunset and sovon a.m.
Grading operations may bo allowed during spocific hours aftor sunset or boforo sovon a.m. if
tho city engineer detorminos that such operations aro not detrimental to tho hoalth safoty or
welfare of the inhabitants of such a structure. Tho permitted hours of operation may bo
shortened by the city onginoor upon a finding of a previously unforeseen offoct upon tho
health, safety or welfare of the public.For permitted hours of operation and signage
reguirements. refer to Chapter 8.48."