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O1601 , e e CA:RMM:jld624/hpc/pc city Council Meeting 9-10-91 Santa Monica, California ORDINANCE NUMBER 1601(CC5) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4313 AND 4314 MODIFYING CONSTRUCTION HOURS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code section 4313 is amended to read as follows: SECTION 4313. Restrictions on Demolition of Buildings, Excavating, or Grading. (a) No person shall engage in any demolition activity during the following times anywhere in the City: (1) Before 8:00 a.m. or after 6:00 p.m. on Monday through Friday, except that demolition activities conducted by the employees of the City of Santa Monica or public utilities shall not occur before 7:00 a.m. or after 6:00 p.m. on Monday through Friday. (2) Before 9:00 a.m. or after 5:00 p.m. on Saturday. - 1 - e e (3) All day on Sunday. (4) All day on New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day, as those days have been established by the united states of America. (b) The noise level created by demolition activity shall not exceed the allowable exterior median noise level specified in section 4305(a) of this Chapter, as applicable for the Noise Zone where the activity occurs, plus 10 dBA. (c) A permit may be issued authorizing demolition activity during the times prohibited by this Section whenever it is found to be in the public interest. The person obtaining the permit shall provide notification to persons occupying property within a perimeter of five hundred (500) feet of the site of the proposed demolition activity prior to commencing work pursuant to the permit. Applications for such permit shall be in writing, shall be accompanied by an application fee in the amount of Twenty-Five Dollars ($25.00), and shall set forth in detail facts - 2 - e - showing that the public interest will be served by the issuance of such permit. Applications shall be made to the Building Officer; provided, however, with respect to work upon or involving the use of a public street, alley, building, or other public place under the jurisdiction of the General Services Department, applications shall be made to the Director of General Services. No permit shall be issued unless the application is first approved by the Director of General Services, the Building Officer, the Chief of POlice, and the City Manager. Anyone dissatisfied with the denial of such permit may appeal to the city Council. The fees provided for in this Section may be revised from time to time by resolution of the City Council. (d) For purposes of this Section, "demolition activityll includes: (1) Operating or causing to be operated any tool, machine, or other thing designed or used for the demolition of any building or structure or for the excavating or grading of any property or part thereof. (2) Permitting the operation - 3 - e e of any tool, machine, or other thing designed or used for the demolition of any building or structure or for the excavating or grading of any property or part thereof upon any property owned, occupied, or controlled by the person permitting such demolition activity. (3) The coming and going of any vehicles bringing demolition equipment, materials, or supplies to the site of the demolition activity or the staging of such vehicles on any public streets. (4) The coming and going of any food services vehicles providing food services to persons working at a site of demolition activity. SECTION 2. Santa Monica Municipal Code section 4314 is amended to read as follows: SECTION 4314 . Restrietions on construction, Haintenance, or Repair of Buildings. (a) No person shall engage in any construction activity during the following times anywhere in the city: (1) Before 8:00 a.m. or after 6:00 p.m. on Monday through Friday, - 4 - e e except that construction activities conducted by employees of the City of Santa Monica or public utilities shall not occur before 7:00 a.m. or after 6:00 p.m. on Monday through Friday. (2) Before 9:00 a.m. or after 5:00 p.m. on Saturday. (3) All day on Sunday. (4) All day on New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day, as those days have been established by the united states of America. (b) The noise level created by construction activity shall not exceed the allowable exterior median noise level specified in section 4305(a) of this Chapter, as applicable for the Noise Zone where the activity occurs, plus 10 dBA. (c) A permi t may be issued authorizing construction activity during the times prohibited by this section whenever it is found to be in the pUblic interest. The person obtaining the permit shall provide notification to persons occupying property within a perimeter of five hundred (500) feet of - 5 - e e the site of the proposed construction activity prior to commencing work pursuant to the permit. Applications for such permit shall be in writing, shall be accompanied by an application fee in the amount of Twenty-Five Dollars ($25.00) r and shall set forth in detail facts showing that the public interest will be served by the issuance of such permit. Applications shall be made to the Building Officer; provided, however, with respect to work upon or involving the use of a public street, alley, building, or other public place under the juriSdiction of the General Services Department, applications shall be made to the Director of General Services. No permit shall be issued unless the application is first approved by the Director of General services, the Building Officer, the Chief of Police, and the City Manager. Anyone dissatisfied with the denial of such permit may appeal to the city Council. The fees provided for in this Section may be revised from time to time by resolution of the city Council. (d) No permit is required to perf orm emergency work necessary to - 6 - e e restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or hazards. (e) For purposes of this Section, "construction activity If includes: (1) The operation of any tool, machine, or equipment including, but not limited to vehicles and helicopters, being used by contractors or subcontractors and their employees to carry out any work for which a building permit is required. (2) performing any construction, maintenance, or repair work on buildings or structures. (3) Any painting using motorized equipment or any painting that is part of construction activity for which a building permit has been issued. (4) The coming and going of any vehicles bringing construction equipment, materials, or supplies to the site of the construction activity or the staging of such vehicles on any public streets. (5) The coming and going of - 7 - e e any food services vehicles providing food services to persons working at a site of construction activity. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. - 8 - e - SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~ )..,...... ~ ROBERT M. MYERS U . city Attorney - 9 - e e Adopted and approved this loth day of september, 1991. ~y!r1 I hereby certify that the foregoing Ordinance No. 1601(CCS) was duly and regularly introduced at a meeting of the city council on the 13th day of August 1991; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the lOth day of September 1991 by the following Council vote: Ayes: Councilmembers: Genser, Olsen, Vazquez, Zane, Mayor Abdo Noes: Councilmembers: Holbrook, Katz Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: -~ - -- :. -...., - ... <i:. .~/J~ A'MA~ M, - - City Cl~r~/. - ~--- -----~- , ~ ----- - - - ~ ...- .