HomeMy WebLinkAboutOrdinance 200 ORDINANCE 2 0 0
AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING NOISE
STANDARDS FOR CONSTRUCTION ACTIVITIES
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
The Saratoga City Code establishes a general noise restriction intended to protect the
health, safety and welfare of the community. The City Code currently exempts from this
general noise restriction specified construction activities conducted between the hours of
7:30 a.m. and 6:00 p.m. on any day of the week. Construction in Commercial zoning
districts is not exempted unless an exemption for a specific project is granted by the City
Council.
Bo
Excessive noise from construction activities occurring on weekends in residential
neighborhoods can be disruptive or otherwise interfere with other uses in affected
neighborhoods.
C. The City wishes to balance the needs of those desiring to undertake construction activities
on weekends and those seeking the benefits of a neighborhood free of excessive noise.
Do
This ordinance amends the City Code to provide that the construction exemption will
apply from 7:30 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 5:00
p.m. on Saturdays. No construction exemption will apply on Sundays or Holidays, with
the exception of homeowner improvement projects that do not require a City permit.
This ordinance further amends the City Code to clarify the permit requirement for
construction projects in Commercial zoning districts.
Section 2. Adoption.
Section 7-30.060(a) of the Saratoga City Code is hereby amended as set forth below. Text to be
added is indicated in bold italic font (e.g., bold italic) and text to be deleted is indicated in
strikeout font (e.g., stfikezut). Text in standard font remains unchanged by this ordinance. The
text of subsections (b) through (f) of Section 7-30.060 is unchanged by this ordinance, except
that these subsections shall be redesignated as (d) through (h), respectively. The amendment to
section 7-30.060(a) is as follows:
7-30.060 Exceptions for specific activities.
Exceptions for specific activities, so long as the noise level at any point twenty-five feet
from the source of noise does not exceed 83 dBA, shall be permitted to exceed the
standards set forth in Section 7-30.050 under the following conditions:
(a)
Residential Construction. Residential construction, alteration or repair activities
which are authorized by a valid City permit, or do not require the issuance of a
City permit, may be conducted between the hours of 7:30 A.M. and 6:00 P.M.
Monday through Friday and between the hours of g:OO A.M. and 5:00P. M. on
Saturday. ~'"-'~%, m ....gh ~,,,,.,4 ..... ~ ..... {h~ .^~oa ~ .... ~ ~{ .... i
~ .... ,., ~.,~ r~, ~ ,h ......... c~;o~ ~ ..... , .....~ ~ an ~ Residential
construction shall be prohibited on Sunday and weekday Holiday& with the
~ception of the following:
Construction, alteration or repair activities that do not require a City permit
may be conducted between the hours of g:00 A.M. and 5:00 P.M. on Sunday
and weekday Holidays.
Construction, alteration or repair activities which are authorized by a valid
City permit and which do not exceed fifty percent of the existing main or
accessory structure may be conducted between the hours of 9:00 A.M. and
5:00 P.M. on Sunday and weekday Holidays.
iii. Temporary construction activities authorized by the Community
Development Director upon his/her determination of an emergency.
A notice ofappffcable construction hour restrictions shall beposted
conspicuously on site at all times for all exterior residential construction
activity requiring a City permit.
Commercial Construction. Construction, alteration or repair activities in
Commercial and Professional and Administrative Office zoning districts which
are authorized by a valid City permit, or do not require the issuance of a City
perm& may be conducted between the hours of 7:30 A.M. and 6:00 P.M.
Monday through Friday. Commercial construction shall be prohibited on
Saturday, Sunday and other Holidays. The Community Development Director
may grant temporary exemptions upon his/her determination of an emergency.
Subdivision Construction. Subdivision construction activities which are
authorized by a valid City permit, or do not require the issuance of a City
permit, may be conducted between the hours of 7:30 A.M. and 6:00 P.M.
Monday through Friday. Subdivision construction shall be prohibited on
Saturday, Sunday and other Holidays. The Public Works Director may grant
temporary exemptions upon his/her determination of an emergency.
Section 3. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published once in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City
Council of the City of Saratoga held on the 18 th day ofoOct. , 2000, and was adopted by the
following vote following a second reading on the 15 th day of.: Nov. , 2000:
AYES: Baker, Mehaffe¥, Streit, Waltonsmith, Mayor Bogosian
NOES: None
ABSENT:None
MAYOR, CITY OF SARATOGA, CALIFORNIA
(~'TEST;. .~
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APPROVED AS TO FORM:
CITY ATTORNEY