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HomeMy WebLinkAbout2013-04-30; City Council; 21204; Grading Drainage Revise Hours ConstructionCITY OF CARLSBAD - AGENDA BILL 14 AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE, TITLE 1 — GENERAL PROVISIONS, TITLE 8 - PUBUC PEACE, MORALS AND SAFETY, AND TITLE 15 - GRADING AND DRAINAGE TO REVISE REGULATIONS AFFECTING HOURS OF CONSTRUCTION DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Ordinance No. CS-211. amending the Cartsbad 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: Ordinance No. CS-211 was introduced and first read at the City Council meeting held on Apnl 2, 2013. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance or a summary of the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See AB #21,182 on file in the Office of the City Clerk. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBIT: 1. Ordinance No. CS-211. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@caHsbadca.gov FOR CITY CLERKS USE ONLY X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • EXHIBIT 1 ORDINANCE NO. C.q-711 2 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 5 CONSTRUCTION 6 The City Council of the City of Carlsbad, California, hereby ordains as follows: 7 SECTION 1: 8 That Title 1, Chapter 1.08 of the Carlsbad Municipal Code is amended by the revision 9 Of Section 1.08.010(a) to read as follows: 10 "1.08.010 - Designated. 11 (a) Whenever in Chapters 6.03, 8.16, 8.44, 8.48, 8.50, 11.28 and 15.12, or as 1^ specified in Sections 1.13.040, 1.20.330(c), 1.20.330(d), 5.10.130, 6.04.130, 13 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 1^ code any act is prohibited or is made or declared to be unlawful or an offense, or the 1^ 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 1^ or penalty is stated in said chapter or section." 20 SECTION 2: 21 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; 16 17 18 22 23 24 25 26 27 28 1 (2) All day on Sunday; and 2 (3) On any federal holiday." 3 4 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 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: 27 a- Whether the project is an emergency repair required to protect the 18 health and safety of any member of the community; 19 b. Whether the construction would be less objectionable at night than 20 during daylight hours; 21 c. The character and nature of the neighborhood in the vicinity of the 22 work site; 23 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." 5 6 7 8 9 10 11 12 13 14 15 25 26 27 28 1 2 That Title 8, Chapter 8.48 of the Carlsbad Municipal Code is amended by the 3 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 18 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council 19 on the 2"^^ day of April, 2013, and thereafter, 20 /// 21 /// 22 /// 23 /// /// /// /// /// /// 4 5 6 7 8 9 10 11 12 13 14 15 24 25 26 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 30*^ day of April, 2013, by the following vote to wit: AYES: Council Members Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney M MATT HALL, Mayor ATTEST: , City Clerk (tX^*)