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SR-416-001 . 1/ (r tJtJ/ . ~~:~ 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 - 1 - ~-B ~11 IS88 . . 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 - 2 - . . 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: - 1 - . . (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 ~ f'7)~ perimeter) of the f\demolition, excavation, or grading sit~.~{ A~piications for such permit shall be in writing, shall be - 2 - . . 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: - 3 - . . 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. - 4 - . . (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 - 5 - . . 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: (l,..~ l'V"'- \ · '- - -',~~ \ ROBERT M. MYERS J city Attorney - 7 - . . 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. - 6 -