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WITHDRAWN • OTHER-SEE MINUTES •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:
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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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1 (2) All day on Sunday; and
2 (3) On any federal holiday."
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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."
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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,
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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^*)