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HomeMy WebLinkAbout11-15-2000 City Council Staff Report-Construction hoursSARATOGA CITY COUNCIL MEETING DATE: November 15, 2000 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: ^ems-✓ PREPARED BY: /1 1A l . DEPT HEAD: SUBJECT: Construction hours ordinance RECOMMENDED ACTION: Review the attached amended construction hours ordinance, open the public hearing and receive public comment and then move to adopt the ordinance. REPORT SUMMARY: The City Council has directed staff to prepare a draft ordinance for consideration that would limit the permitted hours of construction activity in Saratoga. Currently, the City's noise ordinance allows residential construction activity between the hours of 7:30 a.m. and 6:00 p.m. Monday through Sunday, but prohibits any single noise source from exceeding 83 dBA. Commercial construction activity is limited to weekdays only. Commercial building is currently defined as construction of an actual retail, office, personal service or institutional structure. When the City Council first discussed limiting construction hours at the September 6 meeting, the majority of the Council seemed to prefer further restricting weekend hours versus prohibiting weekend construction outright. In response, staff presented a draft ordinance at the October 18 meting that would have shortened allowable construction hours on Saturdays and prohibited construction on Sundays and Holidays, with the exception of homeowner improvements that do not require a City permit. The Council expressed continued reservations about adopting an ordinance that would prevent homeowners from doing additions to their homes, or other similar small -scale homeowner improvements, on the weekends. The attached amended draft ordinance would now allow residential home additions of up to fifty percent of the existing structure's square footage to occur on Sundays and Holidays. A provision has also been added that would require property owners to post the applicable construction hours on site. This will both provide neighbors and contractors with a clear understanding of the rules, and allow for more efficient code enforcement of these restrictions - particularly on the weekends when Sheriff's deputies will be asked to enforce these restrictions. FISCAL IMPACTS: Some additional enforcement costs will be incurred to regulate weekend construction hours. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS: Current ordinance would remain unchanged. ALTERNATIVE ACTIONS: The City Council could direct staff to prepare an ordinance that would prohibit all Sunday and Holiday construction activity requiring a City permit. FOLLOW UP ACTION: Staff will amend the Municipal Code to reflect the new construction hours ordinance. ADVERTISING, NOTICING AND PUBLIC CONTACT: A legal notice has been published and a news article has been written in the Saratoga News reporting the City Council's consideration of amending the current ordinance. ATTACHMENTS: 1. Draft Ordinance