PC RES 2013-027 P.C. RESOLUTION NO. 2013-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE, AMENDING MUNICIPAL CODE
SECTION 17.56.020 (CONDUCT OF CONSTRUCTION AND
LANDSCAPING) TO FURTHER REDUCE THE CITY'S EXISTING
ALLOWABLE CONSTRUCTION HOURS AND CLARIFY OTHER
PROVISIONS OF THE SECTION (CASE NO. ZON2013-00420).
WHEREAS, on October 15, 2013, the City Council authorized the initiation of a code
amendment to decrease the allowable construction hours (Chapter 17.56.020 — Conduct of
Construction and, Landscaping) and to codify Staff's existing practice of imposing a standard
condition of approval on projects to prohibit construction vehicles from idling outside of the
allowable construction hours; and,
WHEREAS, 2 notice was published on October 24, 2013, pursuant to the requirements
of the Rancho Palos Verdes Development Code-, and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"'), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), the code amendment qualifies as a ministerial project and therefore exempt from
the application of CEQA (Section 21080); and,
WHEREAS, the Planning Commission held a duly noticed public hearing on November
12, 2013„ at which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission has reviewed and considered the amendments
to Chapter 17.56.020 (Conduct of Construction and Landscaping) of the Municipal Code.
Section 2: The Planning Commission finds that the amendments to Chapter
17.56.020 (Conduct of Construction and Landscaping) of the Municipal Code are consistent with
California Government Code Section 65853, zoning amendment procedures.
Section 3: The Planning Commission finds that the amendments to Chapter
17.56.020 (Conduct of Construction and Landscaping) are consistent with the Rancho Palos
Verdes General Plan and Coastal Specific Plan in that they preserve and enhance the
community's quality living environment.
Section 4: The Planning Commission finds that the amendments to Chapter
17.56.020 (Conduct of Construction and Landscaping) are necessary to preserve the public
health, safety, and general welfare in the area.
P.C. Resolution No. 2013-27
Page 1 of,4
Section 5: The Planning Commission recommends to the City Council that Chapter
17-56.020 (Conduct of Construction and Landscaping) of Title 17 be revised to read as follows
(the underlined text represents new language; the text in stFikethFoug4 is to be deleted):
17.56.020 — Conduct of construction and laRGISGape aGtivities.
A. Dust Control. All grading, landscaping and construction activities shall
exercise effective dust control techniques, either through screening and/or
watering. It is unlawful to cause or allow airborne dust or particles to leave a
property and settle on, or otherwise impact in any way, surrounding
properties. Dry sand-blasting shall be prohibited. Only wet sand-blasting
methods appreved by the city's buildiRg GffiGial and which meet the standards
of the Southern California Air Quality Management District (SCAQMD) shall
be utilized,
B. It is unlawful to carry on construction, grading or landscaping activities or to
operate heavy equipment except between the hours of 7 a.m. and 7 6 p.m.
Monday through gatuFday Friday and 9 a.m. to 5 p.m. on Saturday. No
such activity shall be permitted on Sunday or the legal holidays listed in
Definitions section, 17.96.920, unless a special construction permit is
obtained from the director. Said special construction permit must be
requested at least 48 hours before such work is to begin. Emergency work
as defined in Definitions section 17.96.630 and residential activities, such
as lawn mowing, gardening (without the use of weed and debris blowers),
and minor home repair/maintenance, shall be exempted from this these time
and day restrictions. The hours of operation for weed and debris blowers are
specified in Chapter 8,16 (Weed and debris Blowers) of this Code.
C. Temporary Construction Fencing. Upon issuaRGe Gf a bHilding of grading
PeFrnit, all GGR6461Gtiep Exposed construction projects which remain in
operation or expect to remain in operation for over 30 calendar days shall'
provide temporary construction fencing, as defined in 'Definition section
Ghapte 17.96.710 re G). Unless required to protect against a safety
hazard, temporary construction fencing shall not be erected sooner than 15
days prior to commencement of construction. Once erected, temporary
construction fencing shall be subject to the following standards and
conditions-.
a. The temporary construction fencing shall surround all safety hazards
as appropriate and prevent unauthorized entry to the subject parcel;
b. During construction, the subject temporary fencing shall be
maintained in a condition that is consistent with the city's property
maintenance standards described in Chapter 8.24 (Property
Maintenance) of the city's Municipal Code; and
c. Temporary construction fencing shall be removed, unless such
removal would create a safety hazard as determined by the director
or city's building official, and the property maintained in a condition
that is consistent with the city's property maintenance standards
P.C. Resolution No. 2013-27
Page 2 of 4
described in Chapter 8.24 (Property Maintenance), within 30 days of
aRy-Gf the following occurrences:
i. The expiration or withdrawal of the building/grading permit for
development of the fenced parcel; or
ii. Issuance of the final building/grading permit approval or
certificate of occupancy for the development of the fenced
parcel.
d. If toe temporary construction fencing is determined by the director or
the citV's building official to be necessary to protect against a safety
hazard or attractive nuisance, the temporary fencing may be erected
feF a peFied of 180 day-& until the hazard or nuisance is abated,
after which the property owner shall eithe remove the temporary
fencing GF FePlaGe the temporary feRGiRg With permanent fenGing,
D. Construction Site Maintenance. All construction sites shall be maintained in a
secure, safe, neat and orderly manner, to the satisfaction of the city's
building official. All construction waste and debris resulting from a
construction, alteration or repair project shall be removed on a weekly basis
by the contractor or property owner. Existing or Ttemporary portable
bathrooms shall be provided on a during construction site of FeGluiFed by the
Gity'S bHildiRg GffiGial. Said pPortable bathrooms shall be subjeGt to the
approval of the Gity'S 191-11ild-ing shall be placed in a location that will
G#iGi@l
minimize disturbance to the surrounding property owners, to the satisfaction
of city's building official. Trash dumpsters placed in the public right-of-way
shall require prior approval from the city's department of public works.
E. Construction Related Cargo Containers. Cargo containers may be used in
any zone for temporary storage in conjunction with construction allowed
through an active building permit, provided that the city's building official
determines that the active building permit warrants the use of a cargo
container for temporary storage and is needed to facilitate construction. For
purposes of this section, an active building permit shall mean a building
permit that has not expired, has not been revoked, and has not been finaled.
In the event that an active building permit is finaled, revoked, or expired, any
cargo containers used for temporary storage shall be removed from the
property within 10 calendar days of said expiration, revocation, or finalization.
The number and location of cargo containers on construction sites shall be
subject to the approval of the city's building official and shall be placed in a
location that will minimize disturbance to the surrounding property owners to
the satisfaction of the city's building official,.
F. Construction Vehicles. During demolition, construction and/or -grading
operations, trucks shall not park, queue and/or idle at the Project site or
in the adjoining public rights-of-way. before .7 A.m. Monday through
Friday and 9 a.m. on Saturday, in accordance with the permitted hours
of construction stated 17.56.020(B). When feasible to do so, the
construction contractor shall provide staging areas on-site to minimize
off-site transportation of heavy construction equipment. These areas
P.C. Resolution No. 2013-27
Page 3 of 4
shall be located to maximize the distance between staging activities and
.neighboring properties.
Section 6: The rights given by any approval granted under the terms of Title 17 of
the Rancho Palos Verdes Municipal Code prior to the effective date of the adoption of said
ordinance shall not be affected by the amendments to Title 17 by this ordinance and shall
continue in effect until and unless they are modified, revoked, expired or are otherwise
terminated according to the terms of the approval or the terms of Title 17 as they existing prior
to the effective date of said ordinance.
Section 7: The amendments to Title 17 of the Rancho Palos Verdes Municipal Code
as identified herein shall apply to all development applications submitted after the effective date
of the adoption of said ordinance.
Section 8: For the foregoing, reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby recommends that the City Council
adopt an Ordinance to amend Chapter 17.56.020 (Conduct of construction and landscape
activities) of the City's Municipal Code to reduce the City's existing allowable construction hours
and clarify other provisions of this section (ZON2013-00420),
PASSED, APPROVED AND ADOPTED this 12'" day of November 2013„ by the following vote:
AYES: CommlssionerMA6on, Vice Chairman Leon, Chairman Emenhiser
NOES: Commissioners Gerstner, Tetreault
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioners Lewis, Tomblin
avi me nh&r
Chairman
Joel Rot ICP
Comm
Com 0ity evelopr en Director and
ry of a
Secret ry of e Plann g Commission
P.C. Resolution No. 2013-27
Page 4 of 4