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HomeMy WebLinkAbout11/17/1999 - STAFF REPORTS (6) i Date: November 17, 1999 f. Q To: City Council From: Building Official via Director of Planning and Building MODIFICATION OF PERMITTED HOURS FOR CONSTRUCTION RECOMMENDATION: It is recommended that the City Council modify the permitted hours for construction specified in the municipal code by adopting the attached ordinance. BACKGROUND: On Friday,November 12,staff met with representative of the Coalition of Neighborhoods to discuss the above referenced item and obtain their input. Building Industry Association Director Ed Kibby also participated in the meeting. The draft staff report on this topic was forwarded to the Coalition of Neighborhoods representatives prior to the November 12 meeting. Near the conclusion of the meeting,the representatives from the Coalition of Neighborhoods made the following recommendations. 1. Allowable hours of construction for both summer and winter are recommended to be 7:00 AM to 7:00 PM. 2. Construction work on Sundays is recommended to be prohibited. 3. Construction work on Thanksgiving Day,Christmas Day,and New Years Day is recommended to be prohibited. The overall goal of these recommendations is to achieve a balance that would,to the extent possible,maintain peaceful conditions in the City's neighborhoods while allowing progress on the various construction projects in the City. Attached is a revised draft ordinance for City Council consideration. �p -1,040-sa a r^✓'.�L� Gary Bitt an Douglas R&4vans Building Official Director of Planning and Building Approved: j G�•-jO'- City Manager � � �_• � � ,C.`• . ,.. Attachments: Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,AMENDINGSECTION 8.04.220OF THEPALM SPRINGS MUNICIPAL CODE TO MODIFY THE PERMITTED HOURS FOR CONSTRUCTION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8.04.220 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.220 Limitation of Hours of Construction. (a)No person shall be engaged or emp oy or any person cause any other person tote engaged or employed in anyw&k of construction,erection,alteration,rep ir,addition to,or improvement of any realty,building or structure,except during the hours specified as follows,if the noise or other sound produced by such work is of such intensity or quality that it disturbs the peace and quiet of a person of normal sensitivity. Permitted Hours of Construction Monday-Friday Saturday Sundays&Holidays* 7 am.to 7 p.m. 8 am.to 5 p.m. Not Permitted ((*bbT))hanksgiving Day, gChristmas Day and New Years Day titl subsection(a)of this section, e bey* info personrmed orally oor urmin wn�e6 that such prohibited bwork has caused noise or sounds wlrich disturb any other person s peace and quiet, shall immediately cease such work and shall thereafter perform such work only within the times permitted in subsection(a). EXCEPTIONS: (1)Emergency repair of existing installations,equipment,or liances; Construction work compl}n'ng v�nth the temps of a written early work permit ch maybe issued by the Building Official upon showing of sufficient need due to circumstances of an unusual or compelling nature; 3)Work being conducted in the public right-of--way under the authonty of the Bering Department shall be allowed on a daily basis between 7:00 am. and 3:3 p.m.except wcekends and holidays unless otherwise approved by the City EEnn��nneer; (4) ic service related maintenance work including,but not limited to,street and sidewalk maintenance and cleaning,public golf course maintenance and ublic park maintenance. (p5)Routine maintenance of private golf courses; 6 Activities conducted as part of the implementation of an approved fugitive ust control program. SECTION 2. Effective Date: This ordinance shall be in full force and effect thirty (30)days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the ppaasssage of this ordinance and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this day of , 1999. - t AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA BY city UerxMayor REVIEWED &APPROVED QQiec U qyr 1 Date: November 17, 1999 To: City Council From: Building Official via Director of Planning&Building MODIFICATION OF PERMITTED HOURS FOR CONSTRUCTION RECOMMENDATION: It is recommended that the City Council modify the permitted hours for construction specified in the municipal code by adopting the attached ordinance. BACKGROUND: The municipal code currently allows construction related activities to take place between 8:00 a.m. and 5:00 p.m. seven days a week, including holidays. Staff has had several requests from developers to modify these regulations to bring them into better conformance with the policies of other valley cities. The table below represents a survey of the regulations of the other cities in the valley. Construction Hours City May 1-Sept 30 Oct I-April 30 Saturday Sunday Holidays Variances Summer Winter Palm Desert 6 sm-7 pm 7 am-5:30 pm 8 am-5 pm no no by application Cathedral City 6 am-7 pm 7 am-5:30 pm 8 am-5 pm nu no by application La Quitm 6 am-7 pm 7 am-5:30 pm 8 am-5 pm no no by application Indio 6am-6pin lam-6pin lam-6pin 9am-5pin 9am-5pm none Desert Hot Springs 6 am-6 pm 7 am-5 pm sane* ao same* by application Ranola Mirage 7 am-7 pm 7 am-7 pm same* m no by application Indian wells 7 am-5 pm 7 am-S pm 8 am-5 pm no no by applcation Coachella NO RF.QUmEMBNTS *Same as weekdays Based on this information and in concurrence with the Building Industry Association,staff is recommending that the City's allowed hours of construction be modified as follows: May 1 -Sept 30 Oct 1 -April 30 Weekends&Holidays Variances Summer Winter 6 am to 7 pm 7 am to 5 pm 8 am to 5 pm by application to Building Official Gary Bitt las R. Evans Building fficial Director of Planning &Building Approved: a City Manager Attachments: Ordinance 0 6. t ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,AMENDING SECTION 8.04.220 OF THE PALM SPRINGS MUNICIPAL CODE TO MODIFY THE PERMITTED HOURS FOR CONSTRUCTION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8.04.220 of the Palm Springs Municipal Code is hereby amended to read as follows: 8.04.220 Limitation of Hours of Constructio - (a) No person shall be engaged or employed nor any person cause any o er person to be engaged or employed in any work of construction,erection,alteration,repair,addition to,or improvement of any noise or o'thherlsundrprodu�ced by succh pt w iswof sou h mtensittyy o qualityofllty'thatit disturbs the peace and quiet of a person of normal sensitivity. Permitted Hours of Construction May 1 - September 30 October 1 -April 30 Weekends&Holidays Summer Winter 6 am.to 7 p.m. 7 am.to 5 p.m. 8 am. to 5 p.m. (b Any person doing or causing work prohibited by subsection(a)of this section, beingg�informed orally or in writing that such work has caused noise or sounds which disturb any other person s peace and quiet,shall immediately cease such work and shall thereafter perform such work only within the times permitted in subsection(a). EXCEPTIONS: (1)Emergency repair of existing installations,equipment,or Map liances; (2 Co=ction work complying with the terms of a written early work permit ch may be issued by the Building Of upon showing of sufficient seed due to circumstances of an unusual or compelling nature; 31) Work being conducted in the public right-of-way under the authority of the 3:I � ng Dement shall be allowed on a daily basis between 7:00 am. and p.m,except weekends and holidays unless otherwise approved by the City Er * eer; (4) ubic service related maintenance work including,but not limited to,street m and sidewalk maintenance and cleaning,public golf course aintenance and ublic park maintenance. 5)Routine maintenance of private golf courses; 6 Activities conducted as part of the implementation of an approved fugitive ust control program. SECTION 2. Effective Date: This ordinance shall be in full farce and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the ppaasssage of this ordinance and to cause the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this day of , 1999. AYES: 31S NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk Cr mayor REVIEWED &APPROVEDL