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Home My WebLink About7/28/2005 - STAFF REPORTS (3) �OQYALM SA? �Z U N # A x c A �A'Yaqi EO iq v Cq��FORN�P City Council Staff Report DATE: July 20, 2005 SUBJECT: Introduction and Adoption and Waive Reading of an Urgency Ordinance entitled: AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING LIMITATIONS OF HOURS OF CONSTRUCTION FOR THE DOWNTOWN AREA OF THE CITY. FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney SUMMARY The current provisions of the Palm Springs Municipal Code provide limitations on the hours of construction in the City. This interim ordinance requires the City to review these regulations and if necessary or desirable, to establish adjusted hours for construction activity. This interim ordinance also establishes modified hours for construction within the Downtown Area of the City (as defined) and makes appropriate findings. This ordinance is proposed as an urgency ordinance and requires a 4/5ths vote for passage and it will remain in effect for only 45 days. It can be extended for 10 months and 15 days by a 4/5ths vote of the City Council, RECOMMENDATION: Waive reading of the proposed ordinance text, read by title only, and introduce and adopt the proposed Ordinance No. , "AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING LIMITATIONS OF HOURS OF CONSTRUCTION FOR THE DOWNTOWN AREA OF THE CITY." STAFF ANALYSIS: The City Council has requested that City staff review current construction activities and practices and evaluate the effectiveness and appropriateness of the City's current limitations on hours of construction within the City. Staff has done some preliminary work on this issue; however, the work has proven to be more involved then initially anticipated. Staff has concluded that more work will be required and discussions with Item No. 3 . C . City Council Staff Report July 20, 2005 -- Page 2 Urgency Ordinance—Construction Hours affected businesses, industries, and interest groups should be conducted before a final or permanent approach is presented to the Council. It should be noted that the City undertook a review of this issue in 1999 and 2000. At the time the City undertook that study, the City allowed construction activity to commence at 7:00 am on weekdays between May 1 and September 30 and at 8:00 am on weekdays between October 1 and April 30. As a result of the study, the Council adopted ordinance No. 1581 which established the 7:00 am weekday start time as a year-round requirement and eliminated the 8:00 am seasonal start time requirement. The year round 7:00 am start time is currently in effect. It should be noted that the Saturday construction times of 8:00 am to 5:00 pm and the prohibition of construction activities on Sundays and holidays has not been modified nor does the current proposed urgency interim ordinance propose any change in these limitations. Staff is recommending that City Council direct staff to perform a more comprehensive review of the hours of construction activities, discuss the matter with affected persons, businesses, and industries, and provide a report and recommendations to Council. While the study is being conducted, staff is also proposing that Council establish interim weekday limitations on hours of construction for the Downtown Area of the City (defined as the area of the City bounded by Avenida Caballeros on the east, Ramon Road on the south, and Alejo Road on the north, and the San Jacinto Mountains on the west). The weekday hours of construction would be from 8:00 am and 6:00 pm only within the Downtown Area. The current weekday hours of 7:00 am to 7:00 pm for the rest of the City would remain in effect as well as the current limits for Saturdays, Sundays, and holidays. The justification for the urgency ordinance is predicated on the basis that Palm Springs is an internationally known destination resort which attracts visitors due to its unique natural beauty, climate, variety of hotels, and charming downtown shopping district. Preservation of the natural and serene environment, especially during early morning hours, is vital to the economic success of this area of the City. Early construction activity creates noise, vibrations, odors, and other nuisances that unreasonably disturb the quiet enjoyment of residential, hotel, and other guest facilities available to travelers and visitors to the City, thereby resulting in shortened stays and discouraging return visits, thereby adversely affecting the economic wellbeing of downtown merchants and businesses and the City as a whole. The proposed ordinance would require a 4/5ths vote for passage and would remain in effect for 45 days. The ordinance could be extended at the Council's first meeting in September with another 4/5ths vote. City Council Staff Report July 20, 2005 -- Page 3 Urgency Ordinance—Construction Hours FISCAL IMPACT: Staff does not anticipate an adverse fiscal impact from the adoption of this ordinance other than the costs associated with staff's undertaking of the requisite studies, meetings, and related staff work in preparing the required study, analysis, and recommendMioris. Dougla lland, City Attorney David H. Ready, City Ma F- Attachment: Proposed Ordinance ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING LIMITATIONS OF HOURS OF CONSTRUCTION FOR THE DOWNTOWN AREA OF THE CITY. (4/5ths Vote Required) City Attorney's Summary The current provisions of the Palm Springs Municipal Code provide limitations on the hours of construction in the City. This interim ordinance requires the City to review these regulations and if necessary or desirable, to establish adjusted hours for construction activity. This interim ordinance also establishes modified hours for construction within the Downtown Area of the City (as defined) and makes appropriate findings. This ordinance will remain in effect for 45 days and may only be extended by a 4/5ths vote of the City Council. The City Council of the City of Palm Springs ordains: Section 1. Findings, Purpose, and Intent. This Ordinance is adopted by the City Council of the City of Palm Springs because the City Council finds that there is a current and immediate threat to the public health, safety, and welfare posed by early construction activity disturbing the quiet enjoyment of residential and hotel properties within the Downtown Area of the City. This finding is based on the following circumstances: A. The City of Palm Springs is an internationally known destination resort which attracts visitors due to its unique natural beauty, climate, variety of hotels, and charming downtown shopping district. Preservation of the natural and serene environment, especially during early morning hours, is vital to the economic success of this area of the City. B. Early construction activity creates noise, vibrations, odors, and other nuisances that unreasonably disturb the quiet enjoyment of residential, hotel, and other guest facilities available to travelers and visitors to the City, thereby resulting in shortened stays and discouraging return visits, thereby adversely affecting the economic wellbeing of downtown merchants and businesses and the City as a whole. C. The City Council desires to study and evaluate alternate approaches to the regulation of construction hours in the downtown area of the City and ultimately adopt a consistent, enforceable, set of reasonable regulations that will accommodate construction activity and minimize the impacts such construction activity can have on travelers and visitors to the City and the businesses and merchants who support these travelers and visitors. During this study period, the City Council desires to adopt interim rules and regulations that will provide Ordinance No. Page 2 temporary relief from further discomfort or disruption to residents of the City, including any travelers and visitors to the City. Section 2. Limitations on Hours of Construction in the Downtown Notwithstanding the provisions of Section 8.04.220 of the Palm Springs Municipal Code, no person shall be engaged or employed nor shall any person cause any other person to be engaged or employed in any work of construction, erection, alterations, repair, addition to, or improvement of any realty, building, or structure in the area of the City bounded by Avenida Caballeros on the east, Ramon Road on the south, and Alejo Road on the north, and the San Jacinto Mountains on the west (the "Downtown Area"), except during the hours permitted as follows: Weekdays Saturday Sundays & Holidays 8:00 am to 6:00 pm 8:00 am to 5:00 pm Not permitted For the purpose of this ordinance, "holidays" means Thanksgiving Day, Christmas Day, New years Day, July 4th, Labor Day, and Memorial Day. Except as expressly provided in this ordinance, the provisions of Section 8.04.220 (b) and the "Exceptions" provided in Section 8.04.220 shall remain in full force and effect within the Downtown Area. Section 3. City Study The City Council directs the City Manager or his designee to undertake an appropriate study of construction hours, meet with affected persons and representatives of affected businesses and industries, and prepare a set of recommendations and policies to be submitted to the City Council for review and consideration. Section 4. Urgency. This Ordinance is hereby declared an urgency measure necessary for the immediate protection and preservation of the public health, safety, and welfare, as stated in Section 1 hereof, and it shall take effect immediately upon its adoption. Section 5. Duration. This Ordinance shall be in force and effect for a period of 45 days, at which time the City Council may, after notice and public hearing, extend the duration of the Ordinance for an additional ten (10) months and 15 days. Section 6. Severability. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, clauses, phrases or portions thereof Ordinance No. Page 3 be declared invalid or unconstitutional. If for any reason any portion of this Ordinance shall be declared invalid or unconstitutional, then all other provisions hereof shall remain valid and enforceable. PASSED, APPROVED, and ADOPTED this 20th day of July, 2005. RONALD ODEN, MAYOR ATTEST: James Thompson, City Clerk APP AS TO FORM: DougIsHolland, City Attorney CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CBTY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. is a full, true, and correct copy, and was adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California palm sprind gs ❑� moernCJ'r' Jr F'�iLl-9 'Sf'I I9,1C1.a C17Y CL July 19, 2005 Via Hand Delivery Honorable Mayor and City Council Members City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92263 Re: July 20, 2005 City Council Agenda - Item 3C Urgency Ordinance for Downtown Construction Work Hours Dear Honorable Mayor and City Council Members: Changing the construction hours for downtown developments will not be beneficial to the growth and development of the City of Palm Springs. The current construction hours are practical and enforced on all properties in the city. Creating different construction hours for downtown properties will only create confusion between contractors and enforcement personnel if the regulations are modified. Please conduct fixrther studies before you enact new legislation impacting development activity in your community. Thank you for your assistance in this matter. �8 ely, L Gr Tro sdell c: Dennis Cunningham, President File /fir' m 1-rI s eel g 0® hlt�`t'�k�'Aly� olnl 1 'Ai i '101 l//1-. N,�'.u••w.w "3+.wYrw1 A�m'W", di1Rnrl W � il�, vow . ... �.,.M-,..� . . v....,..... ..r.a w+ .. i a ,,/,�ful�_CI w 7 �� vavomn+,.�o�,tr�Pa Ion ulm(q��,dnnrd