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Home My WebLink About12 CONST NOISE RPT 07-17-95 NO. 12 7-17-95 Inter-Com DATE: JULY 17, 1995 TO: WILLIAM A. HUSTON, CITY MANAGER FRO~: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECt STATUS REPORT ON CONSTRUCTION NOISE RECOMMENDATION Receive and file. FISCAL IMPACT Saturday construction hours do not impact the cost of providing Building Division services. BACKGROUND In response to a request from the Irvine Company for approval of Saturday construction hours, the City Council at a regular meeting on February 6, 1995 adopted City Code Amendments (Ordinance No. 1143) authorizing Saturday construction hours between the hours of 9:00 a.m. and 5:00 p.m. In adopting the new code provisions, the City Council indicated that they wanted to review compliance with the new ordinance within approximately three months of its effective date. Staff was directed to monitor compliance with the new construction noise provisions and to report back to the.City Council. While the prior version of the Noise Ordinance prohibited Saturday construction noise, The Irvine Company identified a number of contradictory sections of the code regarding Saturday construction noise. Ordinance No. 1143 corrected this contradiction. DISCUSSION Since adoption of new Noise Ordinance provisions, the Community Development Department has distributed an information sheet describing construction hours, holidays and noise regulations with every building permit issued. The Planning Division has also modified it's standard conditions of approval on projects to reflect revised construction noise regulations. City Council Report Status Report on Construction Noise July 17, 1995 Page 2 The Building Division has received 10 violation complaints since implementation. Each complaint has resulted in the Building Official contacting the builder or developer to discuss the complaint and to further emphasize the need for compliance Follow-up calls to the reporting person have been made when contac~ numbers have been provided. Violations reported to the Building Official are attached as Exhibit A. At the May 19, 1995 Council meeting, Mr. Ralph Fellick (owner of Tustin Roofing) spoke dhring public input. Mr. Fellick stated that he is opposed to any limitations of construction work hours on weekdays and Saturdays. He is also opposed to prohibitions on Sunday and holiday construction noise. The Roofing Contractors Association has sent a letter (Exhibit B) expressing similar opposition tolimitations on hours and days for construction noise. CONCLUSION Effective control of construction noise will require ongoing efforts by Community Development and Police Department staff. The Community Development Department makes certain that the industry is informed of the noise regulations through conditions of approval,' information handouts, and job site visits. As with any regulation, there are some persons who choose not to comply. Police Department staff, who respond to such violations in progress, have the ability to issue citations with a bail of $250.00. The combined effort of education and enforcement will serve to control construction noise in the community. Rick Brown Building Official RB: kbm\ccreport ~noisests. rb Attachments: Exhibit A - Saturday Work Hours Complaints Exhibit B - Letter from Roofing Contractors Assoc. EXHIBIT A SATURDAY WORK HOURS COMPLAINTS 2-11-95 5:30 a.m. delivery of a forklift at Cantada. The delivery driver was at the wrong project. The forklift was supposed to go to the church next to Fire Station #43. 2-16-95 Delivery of materials at 6:30 a.m. at the Irvine Company apartment project. 2-20-95 (President's Day Holiday) construction occurring at Ventana at 8:00 a.m. Workmen were notified and sent home. 2-21-95 ,Drywall delivery at 6:30 a.m. at Ventana. 4-10-95 Workers starting prior to 7:00 a.m. at Presidio 5-17-95 Workers starting at 6:15 a.m. at Tustin Ranch Elementary School 5-17-95 Delivery trucks at Cantada prior to 7:00 a.m. 5-19-95 Workmen starting at the Orchards before 9:00 a.m. on Saturday. 6-6-95 Workmen starting at the Orchards before 9:00 a.m. on Saturday. 6-22-95 Dirt hauling prior to 7:00 a.m. at Shea Homes. EXHIBIT "B" OF SOUTHERN CALIFORNIA, INC. (818) 57~)- 1276 1140'i E. VALLEY 13LVO.. SUITE 200B. EL MONTE, CALIFORNIA g173t June 19, 1995 Mayor Thomas Saltarelll The City Council The City of Tustin 300 Centennial Way · ustin, CA 92680 FAX (714)832-0825 Council Members and Mayor Saltarell~: This letter is in response to the c[tT~s Ordinance 1143 and your review of the experience of same. The ordinance addresses the prohibition of specific 'disturbing noises, including those caused during the course of roofing installation (construction). This response is on behalf of the members of Roofing Contractors Association of southern California, Inc. (RCA) who work in the city and who themseleves reside or employs people who reside in the city. Our understanding of the ordinance is that it essentially prohibits construction .activity Monday thru Friday from 6 PM to 7 AM, Saturday before 9 AM and after 5 PM, on all Sundays and Federal Holidays. There is exception for urgent necessity or with the written approval of an official upon the finding that the approval will not adversely impact adjacent properties. Your meeting is to review the record of the ordinance. (I had planned to attend the meeting and speak, but am now unable to do so) Clearly the council was responding to the desires of your constituent community. You have members of the community contracting for construction activity, a~d you have other members unhappy with the change (~n~ont~p_.l~ co____~m~r¢lal con~trucio~) created and the noise associated with the change. Your ordinance is obviously an attempt at pleasing bot]t constituencies. You will undoubtedly hear the record of the number of complaints and citations issued for violations of this ordinance. Does the city of Tustin 6/19/95 page 2. number indicate a large number of violators? a large number of complainants? few complainants? most people have more to concern themselves with than noise complaints? most people are adhering to the ordinance? most people are ignoring it? the noise police have more pressing matters to attend to? oF not enough to attend to? How many folks had roofing crews walk off the job at 6 PM, leaving the homeowner frustrated? How many ~oof.i. nq crews had shorter than normal work days due to the time lost between 9 and 6 while awaiting an inspection before bein9 allowed to continue the job? How much damage was done to homes interiors because it rained and the roofing crew was unable to work other than the prescribed hours? Homeowners who purchased new roo[s wall be able to speak to the feeling of urgency they experienced during last winters rains, and even recently. And what of those people who were unable 'to work because the adjacent properties were adversely impacted, and so no urgent necessity was determined? or was the ordinance simply ignored and everyone affected just worked as usual? our comments are obviously roofing-centr[c . It is a particular waste to discontinue work during these six mohth of Day Light Savings Time. Roofing crews can accomplish much more now than they could in December, when it is dark before 6 pm. Now crews have over twelve hours of daylight in which to work. These restricted working hours are not only lengthing the time neighbors have to listen to construction noise (shorte~ working hours only drags out the process), but they are actually i'educing the pay checks of the roofing employees (over eight hours requires overtime). The ability to work during daylight hours is critical, and we Urge modification of the ordinance to reflect tinct. And there are cases where the ability to work at night, Sundays and Federal Holidays is equally critical, so as not to interfere with the normal operations of the businesses in the building, cod we urge the modification of the ordinance to reflect that. Fortunately, roofing doe~ reach completion, and the more time available to reach that point the sooner it will happen. With our thanks for the opportunity to ex~ress our view, Sincerely yours RCA SOUTHERN CALIFORNIA LeEllen Williams Executive Director