HomeMy WebLinkAbout19 REV CONST NOISE 02-21-95NO. 19
2-21-95
DATE:
FEBRUARY 21, 1995
Inter-Corn
TO:
FROM:
SUBJECT:
NILLI~ A. HUSTON~ CITY I~h~NAGER
COHMUNITY DEVELOPMENT DEP~TMENT
IMPLEMENTATION OF REVISED CONSTRUCTION NOISE REGULATIONS
RECOMMENDATION
Hold second reading of Ordinance 1143, by title only and adopt
~Ordinance 1143.
FISCAL IMPACT
Implementation and enforcement of the revised construction noise
regulations may be accomplished with existing City personnel and
resources. No new costs are anticipated.
BACKGROUND
Ordinance No. 1143 was introduced at the February 6, 1995 meeting
of the City Council. Ordinance No. 1143 will establish expanded
construction hours and days and eliminates ambiguities that existed
in the previous construction noise regulations. The City Council
requested that staff provide a report describing implementation
techniques for easing compliance with the revised regulations. A
description of all steps that staff will be undertaking are
described below:
1. Notification to Developers, Contractors and Homeowner
Associations
The Community Development Department has prepared letters and
notices describing the change in construction noise
regulations and have distributed such notification by mail to
developers, contractors and Homeowner Associations. Examples
of these notifications are included as Attachment A. The
City Building Official has met with each project
superintendent at all active new construction sites and
provided those superintendents with the information regarding
the new regulations. A notice describing construction hours
and regulations has been developed and will be provided with
every permit issued by the Building Division.
City Council Report
Implementation of Revised
Construction Noise Regulations
February 21, 1995
Page 2
The Mayor had requested that all current permittees be
noticed regarding the revised regulations. A review of our
records indicates over 6,500 contractors and owners. A
mailing of 6,500 letters is likely to cost over $3,000;
therefore, staff does not recommend a mass mailing. Noticing
has been mailed to the major developers and contractors who
are working in Tustin Ranch.
Ail active tracts have requested and received authorization
for Saturday work during the period prior to the effective
date of the new ordinance. The interim authorizations
require compliance with the terms of the new ordinance.
2. Staff Traininq and Coordination - Community Development
Department
Training sessions have been held by the Community Development
Department in order to familiarize all Department staff with
the new regulations.
3. Monitorinq of Compliance and Violations - Up to March 22,
1995
The Building Division will be conducting random observations
of. various project sites during the 45 day period preceding
the effective date of the Ordinance (March 22, 1995).
Warning notices have been created and will be issued to all
violators observed during this period. An example of the
warning notice is included as Attachment "B". A copy of the
warning notice will also be sent to project developers.
Ail warning notices and noise complaints received by the
Community Development Department will be coordinated by the
Building Official and included in the follow-up report to the
City Council on June 19, 1995.
4. Monitorinq of Compliance and Violations after March 22, 1995
The revised Ordinance will become effective on March 22,
1995. Violations occurr%ng on or after March 22, 1995 may be
cited. The Community Development Department is currently
processing a change in the bail schedule which will result in
a bail of $250 for the first offense and $500 for the second
offense. The Building Official will receive and respond to
all complaints regarding construction noise during City Hall
business hours. Complaints received during hours when City
Hall is closed will be received by the Police Department with
Police Department follow-up and citation, if warranted. At
City Council Report
Implementation of Revised
Construction Noise Regulations
February 21, 1995
Page 3
the end of the 90 day trial period, Community Development
Department records and Police Department ~records will be
reconciled to provide the City Council with an accounting of
complaints and citations during the period. This follow-up
report will be presented to the City Council on June 19,
1995.
5. Coordination with Community Development Department - Police
Department and City Attorney
Meetings are being scheduled to ensure coordination of
implementation and enforcement of the revised noise
regulations.
CONCLUSION
City staff will pursue an active education and notification period
which will conclude March 21, 1995. Commencing March 22, 1995, the
new Ordinance will be enforceable. Once enforceable, it is
intended that violators be cited for all violations of the
Ordinance. A follow-up report to the City Council will be
presgnted on June 19, 1995.
Rick Brown,
Building Official
ccreport \1143. rb
Community Development Department
C
ATTACHMENT A
ity of Tustin
300 Centennial Way
Tustin, CA 92680
NOTICE TO PERMITEES, CONTRACTORS, SUPPLIERS AND WORKMEN
CONSTRUCTION AND DELIVERY HOURS Director
(714) 573-3106
The Tustin City Council has introduced Ordinance ~l143planning&Zoninglnfo'
which amends existing noise control regulations within (714) 573-3140
the City. This Ordinance will become effective as of
March 22, 1995. Compliance with the terms of this Building
(714) 573-3131
Ordinance will be monitored by City Police and Community (714) 573-3132
Development Department staff. On June 19, 1995, City
staff will report back to the City Council regarding Housing
compliance with the new Ordinance by the Building (714) 573-3117
Industry. If compliance is not demonstrated to the 'Code Enforcement
satisfaction of the City Council , it is possible that (714)573-3134
the Ordinance will be modified to further restrict
construction hours. Business License
(714) 573-3144
The Ordinance will apply to construction activities that Inspection Requests
include construction of buildings, improvements to sites, (714) 573-3141
and also include trucks, vehicles and equipment that are
Graffiti Hot Line
making or involved with material deliveries, loading or (714) 573-3111
transfer of materials, equipment service and maintenance
of any devices or appurtences at or adjacent to any FAX Machine
construction project. (714) 573-3113
The authorized hours for construction as of March 22,
1995 will be:
Monday - Friday 7:00 A.M. - 6:00 P.M.
Saturdays 9:00 A.M. - 5:00 P.M.
Ail construction activities are prohibited on Sundays and
holidays.
Holidays' during 1995 for which construction noise is
prohibited include:
Monday
Monday
TuesdaY
Monday
Friday
Thursday
Monday
Monday
February 20th
May 29th
July 4th
September 4th
November 10th
November 23rd
December 25th
January 1, 1996
President's Day
Memorial Day
4th of July
Labor Day
Veterans Day
Thanksgiving Day
Christmas Day
New Year's Day
Notice to Permitees
February ~, 1995
Page~2
As of March '22, 1995, construction activity occurring outside of
the authorized hours will constitute a violation of Tustin City
Code, Section 4616(2).
Starting March 22, 1995, all violators will be issued citations.
First time violations will be subject to a violation citation with
a minimum bail of $250.00. Second violations will constitute a
misdemeanor with a minimum bail of $500.00
The City will aggressively enforce these noise control measures.
All persons involved with your project should be advised of these
regulations. ~
If substantial compliance with these new hours is not demonstrated,
the City Council will reconsider the issue with the possible
elimination of the Saturday hours.
Questions regarding construction hours should be directe~ to Rick
Brown, Building Official at (714) 573-3130.
Sincergly,
Rick Brown
Building official
RS:br :consthrs.not: jk
Community Development Department
l-
City of Tustin
300 Centennial Way
Tustin, CA 92680
Director
(714) 573-3106
Dear 5-:
Planning & Zoning Info.
(714) 573-3140
On February 6, 1995, the City Council introduced
Ordinance No. 1143, which would amend two sections of the
City Code which pertain to construction related noise.
The purpose of this Council action is to eliminate
ambiguities in the existing regulations and to establish
specific hours for construction within Tustin.
It is anticipated that the City Council will adopt final
Ordinance, No. 1143, on February 21, 1995 and that the
Ordinance would be officially effective within thirty
days.
The provisions of Ordinance No. 1143 can be summarized as
follows:
The construction noise and activities will include
the actual construction of buildings or
improvements to sites and also include trucks and
or equipment that are making or involved with
material deliveries, loading or transfer of
materials, service of equipment, and maintenance of
any devices or appurtenances at or adjacent to any
construction project.
Building
(714) 573-3131
(714) 573-3132
Housing
(714) 573-3117
Code Enforcement
(714) 573-3134
Business License
(714) 573-3144
Inspection Requests
(714) 573-3141
Graffiti Hot Line
(714) 573-3111
FAX Machine
(714) 573-3113
Construction noise and activities will be permitted
to occur Monday through Friday, 7:00 A.M. to 6:00
P.M. and on Saturdays, from 9:00 A.M. to 5:00 P.M.
No construction will be allowed on Sundays or
holidays. The 1995 holiday schedule is as follows:
Monday
Monday
Tuesday
Monday
Friday
Thursday
Monday
Monday
February 20th
May 29th '
July 4th
September 4th
November 10th
November 23rd
December 25th
January 1, 1996
President's Day
Memorial Day
4th of July
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day
New Year's Day
Noise Ordinance Compliance
February 9, 1995
Page 2
The City Council also requested that substantial penalties for
violations of the approved construction hours be implemented. The
new penalties will be effective on March 22, 1995. During the next
six (6) weeks (through March 21, 1995) City staff will monitor
construction sites and issue written warnings to ensure future
compliance with Ordinance No. 1143. Additionally, the .City
Building Division is meeting with construction personnel throughout
Tustin in an effort to educate and inform all persons regarding the
change in the regulations and the enforcement that Hill occur for
violations. On and after March 22, 1995, all violators of the
approved hours will be cited.
City staff will monitor compliance with this ordinance and report
the status to the City Council on June 19, 1995. This report will
include tracking of all complaints received, citations issued, and
other issues associated with construction noise.
I have attached the notification which is currently being
distributed to all active construction projects.
Residents subjected to noise from construction activity outside of
those approved hours referenced in this letter are encouraged to
report such violations to the City. During City Hall business
hours, residents should contact the City Building Offfcial - Rick
Brown, at (714) 573-3130.
Complaints regarding construction noise outside of City Hall
business hours should be made to the Tustin Police Department Watch
Commander at (714) 573-3220.
It is important to note that even with the new inclusion of
SatUrday construction hours, Tustin remains the most restrictive
city in Orange County regarding construction noise.
If you have any additional questions'please feel free to contact me
at (714) 573-3130.
Sincerely,
Rick Brown
Building Official
Attachment
R8 :br;~:hoano~ se. [tr
CITY OF TUSTIN
Community Development Department
Building Division
300 Centennial Way, Tustin, CA (714)573-3131 or 573-3132
WARNING NOTICE
ATTACHMENT B
Date:
Project Name:
Job Address:
Inspectors Name:
This warning notice was issued to
on
advising such person that their actions occuring on
this date will become a violation of Tustin City Code Section 4616(2) on March 22, 1995.
Construction activity and associated deliveries of material and equipment will be limited to the hours
between 7:00 am and 6:00 pm Monday through Friday and between 9:00 am and 5'00 pm on
Saturdays. No construction hours are approved on Sundays and Holidays. Effective
March 22, 1995, you will be cited for such a violation and will be subject to a fine of $250 for the
first offense and $500 for the second offense. This warning notice is issued to inform you of the
pending change in construction noise regulations.
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ORDINANCE NO. 1143
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SPECIFIED SECTIONS OF ARTICLE 4 OF
THE TUSTIN CITY CODE, HEALTH AND SANITATION
The City Council of the City of Tustin finds and determines
as follows:
ae
Noise associated with commercial construction activity
can be detrimental to the public health, welfare and
safety.
B,
Uncontrolled commercial construction noise is contrary to
the public interest and the quiet · enjoyment of
residential homes.
Ce
The control of commercial construction noise is in'the
public interest.
NOW, THEREFORE, the City Council of the City of Tustin does
hereby ordain as follows:
Section 1. Article 4, Chapter 6, Section 4616 of the Tustin
City Code is hereby repealed in its entirety. A new Section
-4616 is added to read as follows:
"Section 4616 Specific Disturbing Noises Prohibited
It shall be unlawful for any person to make,
continue, cause to allow to be made or
continued for any amount of time the following
acts and things which are hereby declared to
be unnecessary, excessive and annoying in
violation of this article:
(1) Loudspeakers or Amplifiers used for Advertising. The
using, operating or permitting to be played, used, or
operating of any radio receiving set, musical instrument,
phonograph, loudspeaker, sound amplifier, or other
machine or device for the producing or reproducing of
sound in excess Of the levels described in Sections 4614
and 4615 which sound is cast upon the public streets for
the purpose of commercial advertising or attracting the
attention of the public to any commercial building or
structure.
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Ordinance No. 1143
Page 2
(2) Construction, repairing, remodeling or demolition and grading.
The erection, demolition, alteration, repair, excavation,
grading, paving or construction of any building or site is
prohibited between the hours of 6:00 P.M. and 7:00 A.M.,
Monday through Friday and 5:00 P.M. and 9:00 A.M. on Saturdays
and during all hours Sundays and Federal Holidays. Trucks,
vehicles and equipment that are making or are involved with
material deliveries, loading or transfer of materials,
equipment service, maintenance of any devices or appurtenances
to any construction project in the City shall not be operated
on or adjacent to said sites outside of the approved hours for
construction activity.
exception: Construction activities
may be permitted outside of those
limitations identified in this
subsection in the case of urgent
necessity or upon a finding that
such approval will not adversely
impact adjacent properties and the
health, safety and welfare of the
community if a temporary exception
is granted in writing by the
Building Official for private
property or by the Director of
Public Works for public properties
or their authorized representatives.
All temporary waiver requests shall
be made in writing and shall include
the specific times, dates and
locations requested and a
description of the type of activity
that is proposed. In granting a
temporary exception, conditions may
be imposed on construction
activities to protect the health,
safety and welfare of the community.
Any approval granted may be
summarily revoked by the Building
Official or Director of Public Works
at the sole ' discretion of each
official. Notice of such revocation
shall be provided to the requestor,
Police Department and project file.
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Ordinance No. 1143
Page 3,
(3) Pile drivers, hammers, etc. the operation of a pile driver,
power shovel, pneumatic hammer, grading and excavating
machinery, paving equipment, or other appliance, the use of
which is attended by loud or unusual noise is prohibited
between any and all hours on Sundays and Federal. Holidays,
between the hours of 6:00 P.M. and 7:00 A.M., Monday through
Friday, and between 5:00 P.M. and 9:00 A.M. on Saturdays.
exception: In the case of
urgent necessity and upon a
finding that such approval will
not adversely impact adjacent
properties and the public
health, safety and welfare of
the. community, the above
regulations may be modified in
writing by the Public Works
Director for public property
and by the Building Official
for private property or their
respective authorized
representatives. All temporarY
waiver requests shall be made
in writing and shall include
the specific times, dates and
locations requested and a
description of the type of
activity that is proposed. In
granting a temporary exception,
conditions may be imposed on
construction activities to
protect the health, safety and
welfare of the community. Any
approva 1 granted may be
summar i ly revoked by the
Building Official or Director
of Public Works at the sole
discretion of each official.
Notice of such revocation shall
be provided to the requestor,
Police Department and project
file. ·
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Ordinance No. 1143
Page 4
Section 2. Article 4, Chapter 6, Section 4617, Subsection (e)
of the Tustin City Code, is hereby repealed in its entirety.
A new subsection (e) of Section 4617 is added to read as
follows:
"(e) Section 4617 Exemptions
Noise. sources associated with construction, repair,
remodeling, or grading of any real property between the
hours of 7:00 A.M. and 6:00 P.M. Monday through Friday
and the hours of 9:00 A.M. and 5:00 P.M. on Saturdays,
excluding Federal Holidays."
Section 3. Severability
Ail of the provisions of the ordinance shall be construed and
applied together in order to accomplish the purpose of these
regulations. If any provision of this part is held by a
court to be invalid or unconstitutional, such invalidity or
unconstitutionality shall apply only to the particular facts,
determinations and part of this Ordinance, or if a provision
-is declared to be invalid or unconstitutional as applied to
all facts, all of the remaining provisions of this ordinance
shall continue to be fully effective.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the day of February, 1995.
THOMAS R. SALTARELLI
Mayor
MARY WYNN
City Clerk