RPVCCA_CC_SR_2014_01_21_02_Muni_Code_Amdmt_Construction_HoursRANCHO PALOS VERDES
PUBLIC HEARING
Date: January 21, 2014
Subject: Amendment of Municipal Code Section 17.56.020 (Conduct of
Construction and Landscaping Activities) to Reduce the City's
Existing Allowable Construction Hours, Codify an Existing
Requirement Related to Construction Vehicle Staging and Clarify
Other Provisions of the Section (Case No. ZON2013-00420)
Location: Citywide
1. Declare the Hearing Open: Mayor Duhovic
2. Report of Notice Given: City Clerk Morreale
3. Staff Report & Recommendation: Associate Planner Kim
4. Public Testimony:
Appellant: N/A
Applicant: N/A
5. Council Questions:
6. Rebuttal:
7. Declare Hearing Closed: Mayor Duhovic
8. Council Deliberation:
9. Council Action:
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CITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Project Manager:
HONORABLE MAYOR & CITY CO NCIL MEMBERS
JOEL ROJAS, COMMUNI
JANUARY 21, 2014
ELOPMENT DIRECTOR
AMENDMENT OF MUNICIPAL CODE SECTION 17.56.020
(CONDUCT OF CONSTRUCTION AND LANDSCAPING
ACTIVITIES) TO REDUCE THE CITY'S EXISTING
ALLOWABLE CONSTRUCTION HOURS, CODIFY AN
EXISTING REQUIREMENT RELATED TO CONSTRUCTION
VEHICLE STAGING AND CLARIFY OTHER PROVISIONS
OF THE SECTION (CASE NO. ZON2013-00420)
CAROLYN LEHR, CITY MANAGER (10-
So Kim, Associate Planne~
RECOMMENDATION
Introduce Ordinance No._, thereby amending section 17.56.020 of the Rancho Palos
Verdes Municipal Code to 1) reduce the City's allowable construction hours; 2) codify an
existing condition of approval regulating the idling of construction vehicles; and 3) clarify
other provisions of the section (Case No. ZON2013-00420).
BACKGROUND
On September 17, 2013, the City Council discussed a proposed ordinance that would set
certain permit limitations on prolonged construction projects. In agreeing to pursue said
ordinance, the Council agreed to also consider amending the City's construction hours. As
such, the Council directed Staff to look into this matter and return with more information on
a future City Council agenda.
On October 15, 2013, Staff provided the City Council with a Staff Report that contained
information about the City's current allowable construction hours in comparison with the
allowable construction hours of some other nearby cities (please refer to attached October
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15th City Council Staff Report). After some discussion, the City Council agreed with Staff's
recommendation to initiate a code amendment to reduce the allowable construction hours
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.
Pursuant to City Council direction, on November 12, 2013, the Planning Commission
discussed and adopted Resolution No. 2013-27 on a 3 to 2 vote (Commissioners Gerstner
and Tetreult dissenting), recommending that the City Council adopt an ordinance to amend
Municipal Code Section 17.56.020 (Conduct of Construction and Landscaping) to further
reduce the City's existing allowable construction hours, codify an existing standard
condition of approval related to construction vehicle parking or idling, and clarify other
provisions of the section (Case No. ZON2013-00420).
DISCUSSION
1) Reduction of City's allowable construction hours
As explained in the previous Staff Reports (please refer to attached P.C. Nov. 12, 2013
and C.C. Oct. 15, 2013 Staff Reports), based on Staff's survey of some other South Bay
cities, the City's construction hours generally start earlier and end later than the other
identified cities. Additionally, while most other neighboring cities have Saturday
construction hours of 9am to 5pm, the City of RPV's allowed times on Saturday start earlier
and end later, as shown in the table below. On Sundays and holidays, no construction is
allowed in any of the other South Bay cities, including RPV. In order to reduce the City's
current construction hours and maintain consistency with other South Bay cities, on
October 15, 2013, the City Council agreed to reduce the City's existing construction hours
as shown below.
9am -5pm
7:30am -6pm 9am -6pm
?am-?pm ?am -5:30pm 9am -5:30pm
7am-6pm 9am -5pm
?am -6pm
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On November 12, 2013, the Planning Commission reviewed the proposal. While some
Commissioners expressed a concern that limiting the construction hours could prolong
construction projects, the consensus of the Commissioners was in favor of the change
(October 15, 2013 Planning Commission excerpted minutes are attached).
2) Codification of an existing standard condition of approval regulating the idling of
construction vehicles
While the City's Municipal Code does not regulate construction related parking or idling of
construction vehicles, Staff imposes the following standard condition of approval on all
approved projects:
Trucks shall not park, queue and/or idle at the project site or in the adjoining
public rights-of-way before 7:00 AM, Monday through Saturday, in
ac9ordance with the permitted hours of construction stated in this condition.
Pursuant to previous Council direction on October 151h, the above condition is proposed to
be codified as RPVMC §17.56.020, subsection F, with additional language related to
construction vehicle staging. Thus, new section 17.56.020.F is proposed to read as
follows.
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 street rights-of-way before 7 a.m.
Monday through Friday and before 9 a.m. on Saturday, in
accordance with the permitted hours of construction stated in
Section 17.56.020(8). 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 shall
be located to maximize the distance between staging activities and
neighboring properties, subject to approval by the building official.
3) Clarification of other construction related regulations contained in the existing
section
In the course of amending the Code as described above, Staff took the opportunity to
proposed additional minor revisions to existing Municipal Code Section 17.56.020 for
clarification purposes. The Planning Commission reviewed and approved all of the
proposed amendments which are summarized below in strikethrough for deleted text and
underlined bold for new text.
17.56.020 -Conduct of construction and landscaping activities.
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 significantly impact in any
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way, surrounding properties. Dry sand-blasting shall be prohibited. Only
wet sand-blasting methods approved by the city's building official 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+§.
p.m. Monday through Saturday Friday and between 9 a.m. to 5 p.m. on
Saturday. No such activity shall be permitted on Sunday or the legal
holidays listed in Section 17.96.920 of this Code, 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 Section 17.96.630 of
this Code, and typical residential activities, such as lawn mowing,
. gardening (without the use of weed and debris blowers), and minor home
repair/maintenance, shall be exempted from tl=l+s these time and day
restriction§.. 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 issuance of a building or grading
permit, all construction Construction projects that are accessible from
a street right-of-way or an abutting property and which remain in
operation or expect to remain in operation for over 30 calendar days shall
provide temporary construction fencing, as defined in Section Chapter
17.96.710 of this Code. 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 required by the building official, and shall 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 maintained in a
condition that is consistent with the city's property
maintenance standards, which are set forth in Chapter 8.24
(Property Maintenance), and shall be removed, unless such
removal would create a safety hazard, as determined by the
director or city's building official, within 30 days of any of the
following occurrences:
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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 tRe temporary construction fencing is determined by the director
or the city's building official to be necessary to protect against a
safety hazard or attractive nuisance, the temporary fencing may
be erected for a period of 180 days or for a longer period, as
permitted by the building official until the hazard or nuisance
is abated, after which the property owner shall either remove the
temporary fencing or replace the . temporary fencing with
permanent fencing.
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 +temporary
portable bathrooms shall be provided--eR-a during construction site if
required by the oity's building offioial. Said pPortable bathrooms shall be
subject to the approval of the oity's building offioial and shall be placed in
a location that will 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.
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ADDITIONAL INFORMATION
Changing the City's construction hours to be more limited may impact City construction
projects and create an inconsistency with the conditions of approval of previously approved
private construction projects. For example, the Public Works Department has current
contracts for City projects with a specified budget and time frame for completion. If
projects are delayed based on decreased construction hours, contracts may need to be
modified with a change order and possible budget amendments may be needed (with
added costs) in order to finish existing projects. In order to not impact such Public Works
projects and not cause inconsistencies with any construction time related conditions of
approval imposed on any previously approved private projects, Section 6 of the attached
ordinance states that the proposed reduced construction hours would only apply to those
projects approved or initiated by the City after the effective date of this proposed code
amendment.
CONCLUSION
Staff is recommending that the City Council read the ordinance by title only, waive further
reading and reintroduce Ordinance No. _, thereby amending Section 17.56.020 of the
Rancho Palos Verdes Municipal Code to reduce the construction hours, codify the existing
restriction related to idling of construction vehicles and include minor revisions for
clarification purposes.
Attachments:
• Ordinance No.
• P.C. Minutes (dated November 12, 2013)
• P.C. Resolution No. 2013-27
• P.C. Staff Report (dated November 12, 2013)
• C.C. Minutes (dated October 15, 2013)
• C.C. Staff Report (dated October 15, 2013)
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ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 17.56.020 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO REDUCE THE CITY'S
EXISTING ALLOWABLE CONSTRUCTION HOURS, CODIFY AN
EXISTING CONDITION OF APPROVAL REGULATING THE IDLING OF
CONSTRUCTION VEHICLES AND CLARIFY CERTAIN OTHER
PROVISIONS OF THE SECTION (CASE NO. ZON 2013-00420).
WHEREAS, on October 15, 2013, the City Council authorized the initiation of a
code amendment to decrease the allowable construction hours (Section 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, a 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 is exempt from the application of CEQA (Section 21080); and,
WHEREAS, on November 12, 2013, the Planning Commission adopted P.C.
Resolution No. 2013-27, recommending that the City Council adopt an ordinance to
amend Section 17.56.020 of the City's Municipal Code to reduce the City's existing
allowable construction hours, codify an existing requirement related to construction
vehicles and clarify other provisions of the section; and,
WHEREAS, a notice was published on December 12, 2013, pursuant to the
requirements of the Rancho Palos Verdes Development Code; and,
WHEREAS, the City Council held a duly noticed public hearing on January 21,
2014, at which time all interested parties were given an opportunity to be heard and
present evidence; -
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the proposed
amendments to Section 17 .56.020 of the Municipal Code.
Section 2: The City Council finds that the proposed amendments to Section
17.56.020 of the Municipal Code are consistent with California Government Code
Section 65853, zoning amendment procedures, because those procedures have been
followed in connection with the processing of the proposed ordinance.
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Section 3: The City Council finds that the proposed amendments to Section
17.56.020 of the Municipal Code are consistent with the Rancho Palos Verdes General
Plan and Coastal Specific Plan, because they will reduce the impact of construction on
adjoining properties.
Section 4: The City Council finds that the proposed amendments to Section
17.56.020 are necessary to preserve the public health, safety, and general welfare in
the area because they will reduce the impact of construction on adjoining properties.
Section 5: Section 17.56.020 of Chapter 17.56 of Title 17 of the Rancho
Palos Verdes Municipal Code is hereby amended, to read as follows (the underlined
bold text represents new language; the text in strikethrough is to be deleted:
17.56.020 -Conduct of construction and landscaping activities.
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 significantly
impact in any way, surrounding properties. Dry sand-blasting shall be
prohibited. Only wet sand-blasting methods approved by the city's
building official 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
+ ~ p.m. Monday through Saturday Friday and between 9 a.m. to 5
p.m. on Saturday. No such activity shall be permitted on Sunday or
the legal holidays listed in Section 17.96.920 of this Code, 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 Section 17.96.630
of this Code, and typical residential activities, such as lawn mowing,
gardening (without the use of weed and debris blowers), and minor
home repair/maintenance, shall be exempted from tR-is these time and
~restriction§.. The hours of operation for weed and debris blowers
are specified in Chapter 8.16 0f\/eed and debris Blowers) of this Code.
C. Temporary Construction Fencing. Upon issuance of a building or
grading permit, all construction Construction projects that are
accessible from a street right-of-way or an abutting property and
which remain in operation or expect to remain in operation for over 30
calendar days shall provide temporary construction fencing, as defined
in Section Chapter 17.96.710 of this Code. 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:
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a. The temporary construction fencing shall surround all safety
hazards, as required by the building official, and shall
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 maintained in a
condition that is consistent with the city's property
maintenance standards, which are set forth in Chapter 8.24
(Property Maintenance), and shall be removed, unless such
removal would create a safety hazard, as determined by the
director or city's building official, within 30 days of any of 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 tAe temporary construction fencing is determined by the
director or the city's building official to be necessary to
protect against a safety hazard or attractive nuisance, the
temporary fencing may be erected for a period of 180 days .Q!
for a longer period, as permitted by the building official
. until the hazard or nuisance is abated, after which the
property owner shall either remove the temporary fencing or
replace the temporary fencing with permanent fencing.
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 +temporary portable bathrooms shall be provided
GR-a during construction site if required by the city's building official.
Said pPortable bathrooms 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
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
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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 street rights-of-way before 7 a.m.
Monday through Friday and before 9 a.m. on Saturday, in
accordance with the permitted hours of construction stated in
Section 17 .56.020(8). 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
shall be located to maximize the distance between staging
activities and neighboring properties, subject to approval by the
building official.
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 exist prior to the effective date of said ordinance. The amendments
set forth in this ordinance shall not apply to Public Works Department contracts that
were approved prior to the effective date of this ordinance.
Section 7: Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of
this ordinance. The City Council hereby declares that it would have adopted this
ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
Section 8: The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after its passage, in accordance with the
provisions of Section 36933 of the Government Code. The City Clerk shall further
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certify to the adoption and posting of this Ordinance, and shall cause this Ordinance
and its certification, together with proof of posting, to be entered in the Book of
Ordinances of the Council of this City of Rancho Palos Verdes.
Section 9: This Ordinance shall go into effect and be in full force and effect at
12:01 AM on the 31 51 day after its passage.
PASSED, APPROVED AND ADOPTED this __ day of _____ 2014.
Mayor
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Ordinance No. _was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on , 2014.
City Clerk
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P.C. Minutes
(November 12, 2013)
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Commissione ault moved to continue the portion of item related to
signs at Golden Cove to a meeting in early , and directed staff to meet
with the tenants and the owner · for signage, seconded by Vice
Chairman Leon.
Commission elson stated there are businesses at Golden Cove Center need to
adverti e location of their business, and asked staff to go light on enforcement
n on illegal signs until the issues have been discussed and addressed.
4. Code Amendment -Construction Hours (Case No. ZON2012-00420)
Associate. Planner Kim presented the staff report, explaining the proposed code
amendment and the reason for the proposed amendment. She explained staff's
proposal for modifying the construction hours, noting that the proposed construction
hours will only apply to those projects started after the effective date of the proposed
code amendment, should it go through. She noted that this may cause some
inconsistencies and confusion in construction hours, but that will only be temporary.
She stated that an additional part of the proposed amendment is a restriction on vehicle
idling time, which is a standard condition of approval but is not yet codified. She
explained that if the Planning Commission agrees with the proposed amendments as
presented in the staff report, staff is recommending the Planning Commission forward
the item to the City Council for adoption.
Commissioner Gerstner asked if "construction" was defined, as there are many different
types and circumstances of construction.
Director Rojas explained the current code defines what activities are exempt from the
construction hours, and staff felt it would be best to stay with that definition.
Commissioner Gerstner pointed out that shortening the construction hours may very
well extend the overall length of a construction project, and asked if the City Council had
taken that into consideration when looking at this code amendment.
Director Rojas explained that when this concept was first identified by the City Council,
this was a comment from staff. As a result, Staff has tried to come up with proposed
hours that will have the minimal effect on construction time but will still offer some relief
to the neighbors.
Vice Chairman Leon did not feel shortening the construction hours slightly would be the
driving force in delaying a project. He felt that the duration of a project is usually driven
by the availability of supplies and personnel, the different processes that need to be
done, and the wait time between processes.
Planning Commission Minutes
November 12, 2013
Page 9
2-14
Vice Chairman Leon moved to approve the proposed code amendment as
recommended by staff, to be forwarded on to the City Council. The motion was
seconded by Commissioner Nelson. PC Resolution 2013-27 was approved, (3-2)
with Commissioners Gerstner and Tetreault dissenting.
5. Code Amendment-Fences Walls and Hedges Permit (Case No. ZON2012-
00346)
This public hearing was continued to the December 10, 2013 meeting as recommended
by staff.
APPROVAL OF MINUTES
6. October 8, 2013 Minutes
I
Commissioner Tetreault moved to approve the minutes as presented, seconded
by Commissioner Nelson. Approved, (5-0).
7. October 22, 2013 Minutes
Vice Chairman Leon moved to approve the minutes as presented, seconded by
Commissioner Nelson. Approved, (4-0-1) with Commissioner Tetreault abstaining
as he was absent from that meeting.
ITEMS TO BE PLACED ON FUTURE AGENDAS
8. Pre-Agenda for the meeting on November 26, 2013
The Commission unanimously agreed to cancel the November 26, 2013 meeting.
ADJOURNMENT
The meeting was adjourned at 9:05 p.m., to December 10, 2013.
Planning Commission Minutes
November 12, 2013
Page 10
2-15
P.C. Resolution No. 2013-27
(Adopted November 12, 2013)
2-16
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, a 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.S(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 1of4
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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 stril<ethrough is to be deleted):
17.56.020 -Conduct of construction and landscape activities.
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 approved by the city's building official 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 +. §. p.m.
Monday through Saturday 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 th-is these time
and day restriction§.. 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 iss1::1ance ef a building or grading
permit; all construction Exposed construction projects which remain in
operation or expect to remain in operation for over 30 calendar days shaft
provide temporary construction fencing, as defined in Definition section
Chapter 17.96.710 (Definitions). 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 2of4
2-18
described in Chapter 8.24 (Property Maintenance), within 30 days of
aRY-9f 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 tfle temporary construction fencing is determined by the director or
the city's building official to be necessary to protect against a safety
hazard or attractive nuisance, the temporary fencing may be erected
for a period of 180 days until the hazard or nuisance is abated,
after which the property owner shall eitAeF remove the temporary
fencing or replace the temporary fencing with permanent fencing.
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 :+temporary portable
bathrooms shall be provided-9fl-a during construction site if required by the
city's building official. Said pPortable bathrooms shall be subject to the
approval of the city's bllilding official and shall be placed in a location that will
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(8). When feasible to do so, the
construction contractor shall provide staging areas on-site to minimize
off-site transportation of heavy constructi.on equipment. These areas
P.C. Resolution No. 2013-27
Page 3of4
2-19
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 1z!h day of November 2013, by the following vote:
AYES: Commissioneri;Neilson, Vice Chairman Leon, Chairman Em.enhiser
NOES: Commissioners Gerstner, Tetreault
ABSTENTIONS: None
RECUSALS: None
ABSENT: Commissioners Lewis, Tomblin
~···
Chairman
P.C. Resolution No. 2013-27
Page 4of4
2-20
P.C. Staff Report
(November 12, 2013)
2-21
CITY OF
TO:
FROM:
DATE:
SUBJECT:
Staff Coordinator:
RECOMMENDATION
CHAIRMAIN AND MEMBERS OF THE~LANN NG COMMISSION
JOEL ROJAS, COMMUNITY DEVELOP DIRECTOR
NOVEMBER 12, 2013
AMENDMENT OF MUNICIPAL CODE SECTION 17.56.020
(CONDUCT OF CONSTRUCTION AND LANDSCAPING
ACTIVITIES) TO FURTHER REDUCE THE CITY'S EXISTING
ALLOWABLE CONSTRUCTION HOURS AND CLARIFY OTHER
PROVISIONS OF THE SECTION (CASE NO. ZON2013-00420)
So Kim, Associate Plannerl6'1'1
Adopt P.C. Resolution No. 2013-_, thereby recommending to the City Council the adoption of an
Ordinance to revise Municipal Code Section 17.56.020 to: 1) reduce the City's allowable
construction hours; 2) codify an existing standard condition of approval regulating the idling of
construction vehicles; and 3) clarify other construction related regulations contained in the existing
section.
BACKGROUND
On September 17, 2013, the City Council discussed a proposed ordinance that would set certain
permit limitations on prolonged construction projects. In agreeing to pursue said ordinance, at
Councilman Campbell's request, the Council agreed to also consider amending the City's
construction hours. According to Councilman Campbell, he has heard concerns from residents
about construction beginning too early in the morning. As such, the Council directed Staff to look
into this matter and return with more information on a future City Council agenda.
On October 15, 2013, Staff provided the City Council with a Staff Report that contained information
about the City's current allowable construction hours in comparison with the allowable construction
hours of some other nearby cities (please see attached October 15th City Council Staff Report).
After some discussion, the City Council agreed with Staff's recommendation to initiate a code
amendment to reduce the allowable construction hours 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. Since the code section that is proposed to be amended
is part of the City's Zoning Code, a review and recommendation by the Planning Commission of the
proposed code amendment is necessary.
2-22
DISCUSSION
Construction Hours
As explained in the attached October 15th City Council Staff Report, based on Staff's survey of some
other South Bay cities, the City's construction hours generally start earlier and end later than the
other identified cities. Additionally, while most other neighboring cities have Saturday construction
hours of 9am to 5pm, the City of RPV's allowed times on Saturday start earlier and end later, as
shown in Table 1 below. On Sundays and holidays, no construction is allowed in any of the other
South Bay cities identified for comparison by Staff, including RPV.
Table 1
7am -6pm 9am-5pm
7:30am -6pm 9am-6pm
7am-7pm 7am-5:30pm 9am-5:30pm
7am-6pm 9am-5pm
7am -6pm
7am -5pm 9am-5pm
7am-7pm
In order to reduce the construction hours as directed by the City Council and maintain consistency
with other South Bay cities, Staff is recommending that the City's existing construction hours be
reduced as shown in Table 2 below.
Table 2
7am-7pm 7am-6pm
7am-7pm 9am-5pm
As mentioned in the October 151h City Council Staff Report, changing the City's construction hours to
be more limited may impact City construction projects and create an inconsistency with the
conditions of approval of previously approved private construction projects. For example, the Public
Works Department has current contracts for City projects with a specified budget and time frame for
completion. If projects are delayed based on decreased construction hours, contracts may need to
be modified with a change order and possible budget amendments may be needed (with added
costs) in order to finish existing projects. In order to not impact such Public Works projects and not
cause inconsistencies with any construction time related conditions of approval imposed on any
previously approved private projects, Staff is proposing that the reduced construction hours only
apply to those projects approved or initiated by the City after the effective date of this proposed code
amendment. While exempting current private and public projects from the new construction hours
will result in an inconsistency between these projects and future projects that must abide by the
amended construction hours, Staff believes that the inconsistency will only be temporary as it will
disappear when all current private and public ongoing construction projects are completed. As
2-23
such, Staff is recommending that along with the reduced hours of construction, the code
amendment exempt previously approved projects.
Regulations on Idling Construction Vehicles
While the City's Municipal Code does not regulate construction related parking or idling of
construction vehicles, Staff imposes the following standard condition of approval on all approved
projects:
Trucks shall not park, queue and/or idle at the project site or in the adjoining public
rights-of-way before 7:00 AM, Monday through Saturday, in accordance with the
permitted hours of construction stated in this condition.
Pursuant to previous Council direction on October 151h, Staff is taking this opportunity to codify this
requirement in RPVMC §17.56.020 as subsection F. Furthermore, Staff is proposing some
additional language related to construction vehicle staging. Thus, new section 17.56.020.F is
proposed to read as follows.
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(8). 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 shall be
located to maximize the distance between staging activities and
neighboring properties.
Clarification of Existing Construction Related Regulations
Staff is proposing minor revisions to existing Municipal Code Section 17.56.020 for clarification
purposes. The proposed amendments are summarized below in strikethrough for deleted text and
underlined for new text.
17.56.020 -Conduct of construction and landscape activities.
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 approved by the city's
building official 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 .§ p.m.
Monday through Saturday 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
2-24
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 tRis these time and day
restriction§.. 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 issuance of a building or grading permit,
all construction 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 Chapter 17.96.710
(Definitions). 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 described in
Chapter 8.24 (Property Maintenance), within 30 days of any of 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 tRe temporary construction fencing is determined by the director or the
city's building official to be necessary to protect against a safety
hazard or attractive nuisance, the temporary fencing may be erected fora
period of 180 days until the hazard or nuisance is abated, after which
the property owner shall eitheF remove the temporary fencing or replace
the temporary fencing 'Nith permanent fencing.
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 +temporarv portable bathrooms
s,hall be provided-oo-a during construction site if required by the city's building
official. Said pPortable bathrooms shall be subject to the approval of the city's
building official and shall be placed in a location that will minimize disturbance to
2-25
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.
ENVIRONMENTAL ASSESSMENT
Staff has reviewed the proposed application for compliance with the California Environmental
Quality Act (CEQA). Upon completion of this review, it has been determined thatthe proposed Code
Amendment is exempt from CEQA, pursuant to Guideline Section Nos. 15300.1 (Relation to
Ministerial Projects). More specifically, Section 21080 of the Public Resources Code exempts from
the application of CEQA those projects over which public agencies exercise only ministerial
authority. It is Staff's opinion that the proposed code amendments qualify as a ministerial project
and therefore exempt from CEQA.
CONCLUSION
Staff believes that the proposed Code Amendment is consistent with the City Council's direction to
reduce the construction hours and codify the existing restriction related to idling of construction
vehicles. As such, based on the discussion above, Staff recommends that the Commission
recommend that the City Council approve the proposed code amendment.
ALTERNATIVES
The following alternative is available for the Planning Commission's consideration in addition to
Staff's recommendation:
1. Identify any issues of concern with the proposed amendments, and direct Staff to modify the
proposed amendments for consideration by the City Council.
ATTACHMENTS:
• P.C. Resolution No. 2013-_
2-26
C.C. Minutes
(October 15, 2013)
2-27
wor , a total authorization of $40,480; and, uthorized the Mayor and the City
Clerk to exec e contract with Creative sign Associates, Inc.
ADOPTED RESOLU NO. 2013-66, A RESOl OF THE CITY COUNCIL OF
HO PALOS VERDES, ALLOWING CER IMS AND
SPECIFYING FUNDS FROM WHICH THE SAME ARE
# .. · # # # # #
REGULAR BUSINESS:
Initiation Request to Amend the City's Allowable Construction Hours
Community Development Director Rojas provided a brief reported regarding this item.
Councilman Misetich moved, seconded by Councilman Campbell, to approve the staff
recommendation to: 1) Initiate a Development Code amendment to decrease the
allowable weekday (Monday through Friday) construction hours to 7:00 a.m. to 6:00
p.m., and Saturday construction hours to 9:00 a.m. to 5:00 p.m.; and, 2) Codify Staff's
existing practice of prohibiting construction vehicles to idle outside of the allowable
construction hours.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell, Duhovic, Knight, Misetich, and Mayor Brooks
None
None
onsideration of Amending the City's Current Regulations for Tr
Pia ent
City Clerk Morr reported that late correspondence s distributed prior to the
meeting and there w ing this item.
Mayor Broo moved, seconded by Mayor Pro Tern Duhovic, to dir taff to amend
t hours that trash containers are allowed to be placed at the cu
City Council Minutes
October 15, 2013
Page 5of7
2-28
C.C. Staff Report
(October 15, 2013)
2-29
CITY OF
MEMORANDUM
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: JOEL ROJAS, COMMUNITY DEVELOPMENT DIRECTORqf'yof' ),~
DATE: OCTOBER 15, 2013
SUBJECT: INITIATION REQUEST TO AMEND THE CITY'S ALLOWABLE
CONSTRUCTION HOURS
REVIEWED: CAROLYN LEHR, CITY MANAGER Q)l_
Project Manager: So Kim, Associate Planner~
RECOMMENDATION
Initiate a Development Code amendment to decrease the allowable construction hours and
codify Staff's existing practice of prohibiting construction vehicles to idle outside of the
allowable construction hours.
BACKGROUND
At the September 17, 2013 City Council meeting, the Council discussed a proposed
ordinance that would set certain permit limitations on prolonged construction projects. The
Ordinance was in response to several concerns expressed by neighbors with an ongoing
construction project on Sea Ridge Circle. In addition to agreeing to pursue said ordinance,
at Councilman Campbell's request, the Council agreed to also consider amending the
City's construction hours. According to Councilman Campbell, he has heard concerns from
residents about construction beginning too early in the morning. As such, the Council
directed Staff to look into this matter and return to the City Council with more information to
initiate a code amendment that would decrease the existing hours of construction.
Additionally, Councilman Knight requested Staff to include a discussion of Staff's current
policy of imposing conditions to address idling construction trucks.
In addition, at the October 1st meeting, again during discussion of the prolonged
construction ordinance, the Council requested information on dust control and parking
control related to residential construction projects. Staff agreed to include a discussion of
said issues as part of this construction hours item.
2-30
DISCUSSION
Hours of Construction
The City's Municipal Code establishes allowable hours for construction in the City.
Specifically, RPVMC §17.56.020(B) -Hours of Operation reads as follows:
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 p.m.
Monday through Saturday. No such activity shall be permitted on Sunday or
legal holidays, unless a special construction permit is obtained from the
director. Said permit must be requested at least 48 hours before such work
is to begin. Emergency work 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 restriction. The hours of
operation for weed and debris blowers are specified in Chapter 8. 16 (Weed
and debris Blowers) of this Code.
Construction related complaints are handled by the City's Building & Safety Division.
According to Building & Safety Staff, construction related complaints are received for about
3% of all permits issued in a year by the Division. For example, in the last 2012-2013 fiscal
year, approximately 40 complaints related to construction hours, dust, and other
construction related issues were received. Typically, more complaints are received for
construction occurring on weekends (Saturday) than on weekdays. In general, residents
raise concerns with construction starting as early as 7am and ending as late as ?pm on
Saturdays. Complaints related to construction activities outside of the allowed construction
hours are directed to the Sherriff's Department for enforcement.
In response to the Council's request to potentially modify the existing hours of construction
so that construction activities start later and/or end earlier, Staff researched the allowable
construction hours for some other cities. As shown in the table below, in comparing the
City of Rancho Palos Verdes to the other South Bay cities surveyed, it appears that the
City's construction hours are generally similar with the exception of weekend hours.
CITY CONSTRUCTION HOURS
Monday -Thursday I Friday Saturday
Hermosa Beach 8am-6pm 9am-5pm
Lomita 7am-6pm 9am-5pm
Manhattan Beach 7:30am-6pm 9am-6pm
Palos Verdes Estates ?am-?pm I 7am-5:30pm 9am -5:30pm
Redondo Beach 7am-6pm 9am-5pm
Rolling Hills 7am-6pm
Rolling Hills Estates 7am-5pm 9am-5pm
Rancho Palos Verdes 7am-7pm
2-31
Most cities surveyed have a weekday starting time of 7am and a weekday ending time of
6pm. The City of RPV's weekday ending time of 7pm is the latest allowed time.
Additionally, while most other neighboring cities have weekend construction hours of 9am
to 5pm, the City of RPV's allowed times start earlier and end later.
If the City Council is inclined to shorten the existing construction hours, there may be some
unintended consequences that the Council should be aware of. These issues are
discussed below.
Loitering of Construction Workers and Vehicles at Job Sites
In the City of Santa Monica, construction hours begin at Barn on weekdays and 9am on
weekends. The City's Building Official reports that when he worked at the City of Santa
Monica, the City used to receive complaints of construction workers loitering at the job site
and construction vehicles idling at the project site prior to Barn. Since the City of RPV
construction hours have been the same for the past 40 years, modifying the construction
hours may lead to similar problems in the City.
Impacts to City Construction Projects
The Public Works Department has contracts for City projects with a specified budget and
time frame for completion. If construction hours were to be modified, it would be expected
that the City's Public Works projects would also abide by the modified hours. Shortening
the construction time frame for public projects may lead to prolonged projects. If projects
are delayed based on decreased construction hours, contracts may need to be modified
with a change order and possible budget amendment (added costs) in order to finish
existing projects.
Inconsistency with Approved Construction Projects
There may be some private projects with conditions of approval that dictate the existing
7am to 7pm construction hours. Furthermore, there may be City projects that have the
current construction hours included as part of their contract. Modifying the construction
hours in the Municipal Code would have no effect on existing conditions of approval or
Public Works contracts unless the City Council were to direct Staff to amend all the
affected planning approvals or contracts. Without said amendments, there will be an
inconsistency in construction hours between these projects and future projects that must
abide by the amended construction hours. For these reasons, Staff recommends that any
code amendment be drafted to expressly state that it will only apply to new City projects
where contracts have not already been approved by the City Council and to private projects
that have not yet received construction permits from the City.
Staff's Recommendation
In light of these issues identified by Staff, together with Councilman Campbell's request to
see if the .construction hours could be modified to provide some additional relief from
2-32
construction projects to residents, Staff is recommending the following slight modifications
to the existing construction hours as shown below.
Rancho Palos Verdes Existing Proposed
Weekday 7am -7pm 7am-6pm
Weekend 7am-7pm 9am-5om
Staff believes that said amendment would bring the City's allowable construction hours
more in line with the allowable hours of other nearby cities. If the Council agrees with said
amendment, Staff will work with the City Attorney to draft the actual code amendment
language. This language would then be presented to the Planning Commission for review
since the code section that is being amended is part of the City's Development Code. The
Commission's recommendation would then be presented to the City Council for its review
and ultir:n~te adoption. ·
Dust Control
On October 1, 2013, given concerns expressed by neighbors with a prolonged construction
project on Sea Ridge Circle project, the City Council had questions with regards to dust
control measures that could be employed to minimize dust stemming from construction
projects. Currently, RPVMC §17.56.020(A)-Dust Control states that:
"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
impacts in any way, surrounding properties ... "
Given this code requirement, the City's Building Official and building inspectors have the
authority to direct construction projects to take specific measures to minimize dust. If
construction sites do not comply with the dust control measures conditioned by Staff or
requested by the City's Building & Safety Staff, the Building Official has the authority to
shut down a project. Therefore, Staff does not recommend any changes to the current
Code language or practice to address this issue.
Construction Vehicles
Also as part of the discussion related to the concerns expressed by neighbors to the Sea
Ridge Circle project, the Council asked if there are regulations that apply to construction
related vehicles. While the City's Municipal Code does not regulate construction related
parking or idling of construction vehicles, Staff places the following standard condition as
part of all approved projects:
Trucks shall not park, queue and/or idle at the project site or in the adjoining
public rights-of-way before 7:00 AM, Monday through Saturday, in
accordance with the permitted hours of construction stated in this condition.
2-33
Along with the recommended code amendment related to modifying the construction hours
as proposed earlier, Staff is also recommending that the above standard condition be
codified in RPVMC §17.56.020.
CONCLUSION
Given concerns expressed by residents and the City Council with temporary construction
related impacts, Staff is recommending that the City Council initiate a Development Code
amendment to decrease the allowable construction hours and codify Staff's existing
practice of prohibiting construction vehicles to idle outside of the allowable construction
hours.
FISCAL ANALYSIS
Since this is a City Council initiated code amendment, the costs associated with its
processing would be borne by the City's General Fund.
ALTERNATIVES
1. Take no action to modify the Code, thereby maintaining the current allowable
construction hours; or
2. Identify additional amendments that the Council wishes to make to the construction
regulations; or
3. Identify issues that merit further study and direct Staff to come back with additional
information at a future agenda.
2-34