ITEM 8-C
City Council Meeting 8-13-91 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal Code
Sections 4313 and 4314 Modifying Construction Hours
At its meeting on February 19, 1991, the City Council
directed the City Attorney to prepare an ordinance modifying the
hours that construction activity is permitted in the City of
Santa Monica. In response to this direction, the accompanying
ordinance has been prepared and is presented to the City Council
for its consideration.
The accompanying ordinance modifies Santa Monica Municipal
Code Sections 4313 and 4314. Currently, building demolition,
excavating and grading activity is permitted between the hours of
7:00 a.m. and 6:00 p.m. on weekdays. Similiarly, construction,
repair, and maintenance of buildings activity is currently
permitted during the same hours. The accompanying ordinance
decreases the hours permitted for these activities by one hour to
between 8:00 a.m. and 6:00 p.m. on weekdays. No changes were
made to the hours when such activities are permitted on
Saturdays, Sundays or holidays.
Attached is a second version of the construction hours
ordinance which permits the employees of the City of Santa Monica
to conduct construction or demolition activities during the same
hours as the law currently permits, i.e., from 7:00 a.m. to 6:00
p.m. on Monday through Friday. The second version has not been
changed in any other way.
RECOMMENDATION
It is respectfully recommended that one version of the
accompanying ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Joseph Lawrence, Assistant City Attorney
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 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.
(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
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
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 activity" 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
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. Restrictions on
Construction, Maintenance, 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.
(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 permit 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
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),
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
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.
(e) For purposes of this Section,
"construction activity" 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 printing 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
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.
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
City Attorney