SR-416-001
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CA:RMM:jld146jhpc
city council Meeting 10-11-88
Santa Monica, California
STAFF REPORT
FROM:
Mayor and City Council
City Attorney
TO:
SUBJECT:
ordinance Amending Santa Monica Municipal Code
sections 4313 and 4314 to Further Limit the Hours
Allowed for Construction, Maintenance, or
Repair of Buildings in the city
At its meeting on July 12, 1988, the City Council directed
the City Attorney to prepare an ordinance further limiting the
hours during which construction, maintenance, or repair of
buildings is allowed in the City of Santa Monica, and to provide
additional criteria which must be met in order to get a permit to
do construction work during the prohibited hours. In response to
this direction, the accompanying ordinance has been prepared and
is presented to the City Council for its consideration.
The accompanying ordinance changes the hours during which
construction activity is permitted within the city. Construction
activity will only be permitted between the hours of 7:00 a.m. to
6:00 p.m., a two hour reduction, on Monday through Friday. On
Saturdays, construction activity will be permitted from 9:00 a.m.
to 5:00 p.m., a three hour reduction in permissible hours. In
addition, the accompanying ordinance adds one more criteria to be
met when applying for a permit to perform construction activity
during prohibited hours.
Construction activity will be allowed
during prohibited hours only after it has been determined that
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the public interest will be served and when such construction
activity will not take place where a residentially zoned district
is located within 500 feet of the perimeter of the construction
site.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, city Attorney
Joseph Lawrence, Assistant City Attorney
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CA:RMM:jld145/hpc
City Council Meeting 10-11-88
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTIONS 4313 AND 4314 TO FURTHER LIMIT THE
HOURS ALLOWED FOR CONSTRUCTION, MAINTENANCE, OR
REPAIR OF BUILDINGS IN THE CITY OF SANTA MONICA
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS 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 operate or
cause the operation of, or suffer or
permit the operation of any tool, machine,
or other thing designed or used for the
demolition of any building or structure,
or excavating, or grading, or any part
thereof,
upon
any
premises
owned,
occupied, or controlled by such person
during the following times anywhere in the
City:
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(1) 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 such
activities 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,
excavation, or
grading
activity
during
the
times
prohibited by this Section whenever it is
found that the public interest will be
served thereby (and only if there are no
residentially
zoned districts
located
within five hundred (500) feet of the
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perimeter) of the f\demolition, excavation,
or grading sit~.~{ A~piications for such
permit shall be in writing, shall be
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accompanied by an application fee in the
amount of Twenty-Five Dollars ($25.00),
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.
SECTION 2. Santa Monica Municipal Code Section 4314 is
amended to read as follows:
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SECTION
4314. Restrictions
Maintenance, or Repair
on
Construction,
Buildings.
(a) No person shall operate any
equipment including, but not limited to,
vehicles and helicopters involved in
construction activity, or perform any
outside construction, maintenance, or
repair work on buildings, structures, or
projects during the following times
anywhere in the city:
(1) 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.
of
(b) The noise level created by such
activities 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.
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(c) A permit may be issued
authorizing construction activity during
the times prohibited by this section
whenever it is found that the public
interest will be served thereby and only
if there are no residentially zoned
districts located within five hundred
(500) feet of the perimeter of the
construction site. 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
showing that the public interest will be
served by the issuance of such permi t.
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
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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 fifteen ( 15) days after its adoption.
This Ordinance
shall be effective thirty (30) days after its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS J
city Attorney
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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 permi t is required to
perform emergency work necessary to
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.
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, is 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 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 this Ordinance would be subsequently declared
invalid or unconstitutional.
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