21. Construction hours on Sunday
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
I
CUPEI\TINO
Community Development
Department
Summary
Agenda Item N o. ~J
Agenda Date: March 20, 2007
APPLICATION SUMMARY:
Consider a code change regarding construction hours on Sundays.
RECOMMENDATION:
Staff recommends that the City Council retain the existing construction hours and not
initiate a municipal code amendment.
BACKGROUND:
A resident contacted a City Council member, Richard Lowenthal, with concerns about
construction noise from adjacent residential construction, related to noise impacts from
construction on Sundays and the length of time being taken to complete the project.
Mayor Wang agreed to include this as an agenda item for City Council discussion.
DISCUSSION:
Construction Noise
The current Community Noise Control ordinance, which governs construction noise, is
enclosed (Exhibit A). The key provisions related to construction noise in the
neighborhoods are:
. 10.48.010 Definitions: Daytime
Defines daytime as the period from seven a.m. to eight p.m. on weekdays, nine
a.m. to six p.m. on weekends.
. 10.48.029 Homeowner or Resident-Conducted Construction Work Exception
Allows homeowner/resident construction on a single dwelling on holidays.
. 10.48.040 Daytime and Nighttime Maximum Noise Levels
Establishes maximum allowed noise levels (dBA).
. 10.48.050 Brief Daytime Incidents
Allows the maximum allowed noise levels to be exceeded for brief periods.
;11-1
Application: Construction Noise
Page 2
The Building Department provides a handout that defines construction hours, based on
the noise ordinance (Exhibit B). Construction activity is confined to the daytime hours
(7 a.m. to 8 p.m.), although there could be homeowner/resident'construction or brief
daytime incidents as described above. Construction on Sundays is allowed, within a
shorter time period than weekdays (9 a.m. to 6 p.m.).
Length of Building Construction
The length of time a building can be under construction is based on the Uniform
Building Code (UBC). The UBC requires a building inspection every 180 days or the
building permit expires. While this requires maintaining a certain level of building
activity, it does not limit the length of building construction. Staff requested
information from other cities regarding any additional limitations they might impose,
and received responses as shown in Exhibit C. Three cities, La Canada Flintridge,
Claremont and Ross have regulations that limit the duration of a building permit. In
contrast, a Sunnyvale report is referenced that states: "Staff did not recommend
imposing any additional limits on the overall duration of construction or restricting
construction hours for projects with a long duration. This is based on the minimal
number of complaints received, low percentage of projects that are not complete within
two years, and the additional staff time required to implement, administer and monitor
projects.
Cupertino's Code Enforcement Department responds to calls about construction noise.
They report that for the two-year period between 1-1-05 to 1-1-07, they investigated 44
construction noise complaints. Of those 44 complaints, most of them relate to abuse of
construction hours, of which 14 were for violations concerning appropriate weekend
construction hours.
Further limits on construction times could have significant repercussions to
construction activity in Cupertino. Both homeowners who undertake construction
projects on their homes and commercial construction projects could be affected. For
example, Valko has major projects under construction that could be adversely affected
by modified construction hours. Given the relatively limited number of complaints,
staff does not recommend that the City initiate changes at this time.
~/-~
Application: Construction Noise
Page 3
Enclosures:
Exhibit A - Chapter 10.48 Community Noise Control
Exhibit B - Building Department Handout
Exhibit C - Report on Length of Construction Time
Prepared by: Ciddy Wordell, City Planner
;J;j)~ .
Steve Piasecki
Director, Community Development
Approved by:
J;J~
David W. Knapp
City Manager
~/~3
Section
10.48.010
10.48.011
10.48.013
10.48.014
10.48.020
10.48.021
10.48.022
10.48.023
10.48.029
10.48.030
10.48.031
10.48.032
10.48.040
10.48.050
10.48.051
10.48.052
10.48.053
10.48.054
10.48.055
10.48.056
10.48.057
10.48.060
10.48.061
10.48.062
10.48.070
Exhibit A
10.48.010
CHAPTER 10.48: COMMUNTIY NOISE CONTROL.
DefInitions .
Notice of violation.
Multiple section application.
Other remedies.
Lead agency/official.
Powers of the Noise Control
Officer.
Duties of the Noise Control Officer.
Duties and responsibilities of other
departments.
Homeowner or resident conducted
construction work exception.
Emergency exception.
Special exceptions.
Appeals.
Daytime and nighttime max;mum
noise levels.
Brief daytime incidents.
Landscape maintenance activities.
Outdoor public events.
Grading, construction and
demolition.
Interior noise in multiple-family
dwellings.
Motor vehicle idling.
Noise from registered motor
vehicles.
Noise from off-road recreational
vehicles.
Noise disturbances.
Animals and birds.
Nighttime deliveries and pickups.
Violation-Penalty .
· Prior ordinance history: Ords. 1022, 1066,
1107, 1149, 1179 and 1278.
10.48.010 Definitions.
For purposes of this chapter:
"Commercial area" means commercially-zoned
property as defIned in the community zoning ordinance.
"Commercial establishment" means any store, factory,
manufacturing or industrial plant used for the sale,
2004 5-1
manufacturing, fabrication, assembly or storage of goods,
wares and merchandise.
"Construction" means any site preparation, assembly,
erection, repair, substantial alteration, or similar action, of
_public or private property, rights-of-way, structures, utilities
or similar property, including vehicle pick-up or delivery of
construction materials or demolition debris but excluding
demolition and grading.
"Daytime" means the period from seven a.m. to eight
p.m. on weekdays, and the period from nine a.m. to six
p.m. on weekends.
"Decibel (dB)" means a unit for measuring relative
sound pressure, logarithmically referenced to a pressure of
twenty micronewtons per square meter.
"Demolition" means any dismantling, intentional
destruction or removal of structures, utilities, public or
private right-of-way surfaces, or similar property.
"Emergency" means any occurrence or set of
circumstances involving actual or imminent physical danger,
crisis, trauma, or property damage which demands
immediate action.
"Emergency work" means any work performed for the
purpose of preventing or alleviating the physical danger,
trauma, or property damage threatened or caused by an
emergency, or restoration of conditions and property to their
status prior to the emergency.
"Holidays" means the following days: New Year's
Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day.
"Industrial area" means industrially-zoned property as
defined in the community zoning ordinance.
"Muffler" means a device for reducing or dissipating
the sound of escaping gases, or other types of noise, from
a mechanical device or engine.
"Multiple-family dwelling unit" means a residential
structure containing separate living quarters for two or more
families, each unit with similar and common access to the
outside.
"NCO" means noise control officer.
"Nighttime" means periods of weekdays from eight
p.m. to twelve midnight, and from midnight to seven a.m.,
and periods on weekends from six p.m. to midnight and
from midnight to nine a.m.
27
;;1/-'-1
10.48.010
Cupertino. Public Peace, Safety and MoraIs
28
"Noise" means any sound which annoys or disturbs
humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
"Noise Control Officer (NCO)" means the municipal
agency, department or individual having lead responsibility
for imP,lementation and enforcement of this chapter, as
designated by the City Manager and approved by the City
Council.
"Noise disturbance" means any sound which:
1. Endangers or injures the safety or health of
humans or animals; or
2. Annoys or disturbs a reasonable person of normal
sensitivities; or
3. Endangers or damages personal or real property.
"Noise level" means the same as sound level.
"Nonresidential area" means land zoned for other than
residential uses, such as commercial, professional office,
industrial or public, as defmed in the zoning ordinance, but
not including public rights-of-way.
"Person" means any individual, assocIatIon,
partnership, corporation, or public agency, and includes any
associated officer, employee or department.
"Property boundary" means an imaginary line along
the ground surface, and its vertical extension, which
separates the real property owne'. by one person from that
owned by another person.
"Public area" means any property or structures
thereon which are owned, utilized, or controlled by a
governmental entity.
"Public right-of-way" means any street, avenue,
boulevard, highway, parkway, alley or similar place which
is owned or controlled by a governmental entity.
"Residential area" means residentially zoned land as
defmed in the community zoning ordinance.
"Sound" means a rapid variation in air pressure,
which, because of its magnitude and frequency, can be
heard by a human with average hearing ability.
"Sound level" means the maximum continuous or
repeated peak value measured by the use of a sound level
meter and the "A" weighting network, as specified in
American National Standards Institute specifications for
sound level meters (ANSI S IA - 1971, or the latest
revision). The reading obtained in decibels is designated
dBA. If the meter response characteristic is not indicated,
"SLOW" response shall be used.
"Sound level meter" means an instrument which
includes a microphone, amplifier, RMS detector, integrator
or time averager, output meter, and weighting networks
used to measure sound levels, and meets American National
Standards Institute specification S 1.4 - 1971, or latest
revision, for Type 1, Type 2 or Type 2A operation.
"Weekday" means any day, Monday through Friday,
that is not one of the holidays.
"Weekend" means Saturdays and Sundays that are not
holidays.
"Vehicular deliveries or pickups" means the delivery
or pickup or the arrival for the delivery or pickup of goods,
wares, merchandise and waste material by the use of motor
vehicles, including, but not limited to, the operation of
motorized commercial ground-sweeping or waste-removal
machinery, whether portable or self-propelled. (Ord. 1871,
(part), 2(01)
10.48.011 Notice of Violation.
Except in the case where there is clear evidence that a
person is acting in good faith and with all deliberate speed
to comply with provisions of this chapter after a verbal or
written warning of a violation, the continuing violation shall
be cause for either a citation, complaint, or an abatement
order to be issued by the Noise Control Officer, or other
responsible official. (Ord. 1871, (part), 2(01)
10.48.013 Multiple Section Application.
In the event that more than one section of this chapter
apply generally and simultaneously to a given noise source
or incident, the least restrictive regulation shall. be in effect,
and the most restrictive limit shall not be invoked, except as
sources and incidents are specifically identified in the most
restrictive limit which is applicable. (Ord. 1871, (part),
2(01)
10.48.014 Other Remedies.
No provision of this chapter shall be construed to
impair any common law or statutory cause of action, or
legal remedy therefrom, of any person for injury or damage
arising from any violation of this chapter or from other law.
The provisions of this chapter are not intended to affect in
any manner, violations or arrests of persons for a violation
of Section 415 of the California Penal Code or any other
provision of State law. The unavailability of a sound level
meter to enforce the provisions of this chapter does not
preclude the enforcement of any provision of State law.
(Ord. 1871, (part), 2(01)
10.48.020 Lead Agency/Official.
The noise control program established by this chapter
shall be administered by and the responsibility of, the Noise
Control Officer (NCO). (Ord. 1871, (part), 2(01)
10.48.021 Powers of the Noise Control Officer.
In order to implement and enforce this chapter and for
the general purpose of noise abatement and control, the
NCO shall have, in addition to any other vested authority,
the power to:
A. Review of Public and Private Projects. Review
of public and private projects, subject to mandatory review
or approval by other departments, for compliance with this
;JI-'
29
Community Noise Control
10.48.021
ordinance, if such projects are likely to cause noise in
violation of this chapter;
B. Inspections. Upon presentation of proper
credentials and with permission of the property owner or
occupant, enter and investigate a potential ordinance
violation on any property or place, and inspect any report or
records at any reasonable time. If permission is refused or
cannot be obtained, a search warrant may be obtained from
a court of competent jurisdiction upon showing of probable
cause to believe that a violation of this chapter may exist.
Such inspection may include administration of any necessary
tests. (Ord. 1871, (part), 2(01)
10.48.022 Duties of the Noise Control Officer.
In order to implement and. enforce this chapter
effectively, the NCO shall within a reasonable time after the
effective date of the ordinance codified in this chapter:
A. Guidelines, Testing Methods and Procedures.
Develop and promulgate guidelines, testing methods and
procedures as required. Any noise measurement procedure
used in enforcement of this chapter which tends to
underestimate the actual noise level of the source being
measured shall not invalidate the enforcement action;
B. Investigate and Pursue Violations. In consonance
with provisions nf this charter, investigate and pursue
possible violations;
C. Delegation of Authority. Delegate functions,
where appropriate under this chapter, to other personnel and
to other departments, subject to approval of the City
Manager. (Ord. 1871, (part), 2(01)
10.48.023 Duties and Responsibilities of Other
Departments.
A. Departmental Actions. All City departments
shall, to the fullest extent consistent with other law, carry
out their programs in such a manner as to further the policy
and intent of this chapter.
B. Project Approval. All departments whose duty
it is to review and approve new projects, or changes to
existing projects, that may result in the production of
disturbing noise, shall consult with the NCO prior to any
such approval.
C. Contracts. Any written contract, agreement,
purchase order, or other instrument whereby the City is
committed to the expenditure of five thousand dollars or
more in return for goods or services, and which involves
noise-producing activities, shall contain provisions requiring
compliance with this chapter. (Ord. 1871, (part), 2(01)
10.48.029 Homeowner or Resident-Conducted
Construction Work Exception.
Construction conducted by the homeowner or resident
of a single dwelling, using domestic construction tools is
allowed on holidays between the hours of nine a.m. and six
p.m. (Ord. 1871, (part), 2(01)
10.48.030 Emergency Exception.
The provisions of this chapter shall not apply to the
emission of sound for the purpose of alerting persons to the
existence of an emergency, or the emission of sound in the
performance of emergency work. (Ord. 1871, (part), 2(01)
10.48.031 Special Exceptions.
A. The NCO shall have the authority, consistent with
this section, to grant special exceptions which may be
requested.
B. Any person seeking a special exception pursuant
to this section shall me an application with the NCO. The
application shall contain information which demonstrates
that bringing the source of sound, or activity for which the
special exception is sought, into compliance with this
chapter would constitute an unreasonable hardship on the
applicant, on the community, or on other persons. Prior to
issuance of an exception, the NCO shall notify owners
and/or occupants of nearby properties which may be
affected by such exceptions. Any individual who claims to
be adversely affected by allowance of the special exceptions
may me a statement with the NCO containing any
information to support his claim. If the NCO finds that a
sufficient controversy exists regarding an application, a
public hearing may be held.
C. In determining whether to grant or deny the
application, the NCO shall balance the hardship to the
applicant, the community, and other persons of not granting
the special exception against the adverse impact on the
health, safety, and welfare of persons affected, the adverse
impact on property affected. and any other adverse impacts
of granting the special exception. Applicants for special
exceptions and persons contesting special exceptions may be
required to submit any information the NCO may
reasonably require. In granting or denying an application.
the NCO shall place on public me a copy of the decision
and the reasons for denying or granting the special
exception.
D. Special exceptions shall be granted by notice to
the applicant containing all necessary conditions, including
a time limit on the permitted activity. The special exception
shall not become effective until all conditions are agreed to
by the applicant. Noncompliance with any condition of the
special exception shall terminate it and subject the person
holding it to those provisions of this chapter regulating the
source of sound or activity for which the special exception
was granted.
E. Application for extension of time limits specified
in special exceptions or for modification of other substantial
conditions shall be treated like applications for initial special
;l. I -(p
10.48.031
Cupertino - Public Peace, Safety and MoraIs
30
exceptions under subsection B of this section. (Ord. 1871,
(part), 2(01)
10.48.032 Appeals.
Appeals of any decision of the NCO shall be made to
the City Council. (Ord. 1871, (part), 2(01)
10.48.040 Daytime and Nighttime Maximum Noise
Levels.
Individual noise sources, or the combination of a group
of noise sources located on the same property, shall not
produce a noise level exceeding those specified on property
zoned as follows, unless specifically provided in another
section of this chapter:
Land Use at
Point of Origin
Maximum Noise Level
at Complaint Site of
Receiving Property
Nighttime
Daytime
Residential
50 dBA
60 dBA
Nonresidential
65 dBA
55 dBA
(Ord. 1921, (part), 2003; Ord. 1871, (part), 20(1)
10.48.050 Brief Daytime Incidents.
A. During the daytime period only, brief noise
incidents exceeding limits in other sections of this chapter
are allowed; providing, that the sum of the noise duration in
minutes plus the excess noise level does not exceed twenty
in a two-hour period. For example, the following
combinations would be allowable:
Noise Increment Above
Normal Standard
Noise Duration in
2-Hour Period
5 DBA
10 dBA
15 dBA
19 dBA
15 minutes
10 minutes
5 minutes
1 minute
B. For multifamily dwelling interior noise, Section
10.48.054, the sum of excess noise level and duration in
minutes of a brief daytime incident shall not exceed ten in
any two~hour period, measured at the receiving location.
C. Section 1O.48.050A does not apply to Section
10.48.055 (Motor Vehicle Idling). (Ord. 1871, (part),
2(01)
2004 S-l
10.48.051 Landscape Maintenance Activities.
The use of motorized equipment for landscape
maintenance activities shall be limited to the hours of 8:00
a.m. to 8:00 p.m. on weekdays, and 9:00 a.m. to 6:00 p.m.
on weekends and holidays, with the exception of landscape
maintenance activities for public schools, public and private
golf courses, and public facilities, which are allowed to
begin at 7:00 a.m. The use of motorized equipment for
landscape maintenance activities during these hours is
exempted from the limits of Section 10.48.040; provided,
that reasonable efforts are made by the user to minimize the
disturbances to nearby residents by, for example,
installation of appropriate mufflers or noise baffles, running
equipment only the minimal period necessary, and locating
equipment so as to generate minimum noise levels on
adjoining properties. (Ord. 1921, (part), 2003; Ord. 1871,
(part), 2(01)
10.48.052 Outdoor Public Events.
A. Outdoor events open to the general public on
nonresidential property, such as parades, rallies, fairs,
concerts and special sales and promotional events, involving
generation of noise levels higher than would normally
occur, by use of the human voice, public address systems,
musical instruments, electronic amplification systems, and
similar soundproducing activities, are allowed upon
obtaining an appropriate permit from the city, and subject
to the following general limitations:
1. The event shall not produce noise levels above
seventy dBA on any residential property for a period longer
than three hours during daytime.
2. The event shall not produce noise levels above
sixty dBA on any residential property during the period
from eight p.m. to eleven p.m., and above fifty-five dBA
for any other nighttime period.
3. Continuous or repeated peak noise levels above
ninety-five dBA shall not be produced at any location where
persons may be continuously exposed.
B. The conditions imposed upon the event or activity
in the permit issued by the City, regarding maximum noise
level, location of noise sources, or duration of activity, for
example, may be more limiting than this section, to protect
certain individuals, areas or nearby activities which would
otherwise be disturbed, and these permit conditions, when
in conflict with this section, are overriding. (Ord. 1871,
(part), 2(01)
10.48.053 Grading, Construction and Demolition.
A. Grading, construction and demolition activities
shall be allowed to exceed the noise limits of Section
10.48.040 during daytime hours; provided, that the
equipment utilized has high-quality noise muffler and
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31
Community Noise Control
10.48.053
abatement devices installed and in good condition, and the
activity meets one of the following two criteria:
I. No individual device produces a noise level more
than eighty-seven dBA at a distance of twenty-five feet (7.5
meters); or
2. The noise level on any nearby property does not
exceed eighty dBA.
B. Notwithstanding Section 1O.48.053A, it is a
violation of this chapter to engage in any grading, street
construction, demolition or underground utility work within
seven hundred fifty feet of a residential area on Saturdays,
Sundays and holidays, and during the nighttime period,
except as provided in Section 10.48.030.
C. Construction, other than street construction, is
prohibited on holidays, except as provided in Sections
10.48.029 and 10.48.030.
D. Construction, other than street construction, is
prohibited during nighttime periods unless it meets the
nighttime standards of Section 10.48.040.
E. The use of helicopters as a part of a construction
and/or demolition activity shall be r.estricted to between the
hours of nine a.m. and six thirty p.m. Monday through
Friday only, and prohibited on the weekends and holidays.
The notice shall be given at least twenty-four hours in
advance of said usage. In cases of eIllergency, the
twenty-four hour period may be waived. (Ord. 1871,
(part),2001)
10.48.054 Interior Noise in Multiple-Family
Dwellings.
Noise produced in any multiple-family dwelling unit
shall not produce a noise level exceeding 45 dBA five feet
from any wall in any adjoining unit during the period
between seven a.m. and ten p.m., or exceeding 40 dBA
during hours from ten p.m. to seven a.m. the following day.
(Ord. 1871, (part), 2(01)
10.48.055 Motor Vehicle Idling.
Motor vehicles, including automobiles, trucks,
motorcycles, motor scooters and trailers or other equipment
towed by a motor vehicle, shall not be allowed to remain in
one location with the engine or auxiliary motors running for
more than three minutes in any hour, in an area other than
on a public right-of-way, unless:
A. The regular noise limits of Section 10.48.040 are
met while the engine and/or auxiliary motors are running;
or
B. The vehicle is in use for provision of police, fire,
medical, or other emergency services. (Ord. 1871, (part),
200 1)
2004 $-1
10.48.056 Noise from Registered Motor Vehicles.
A. It is a violation of this chapter to own or operate
a motor vehicle, including automobiles, trucks, motorcycles
and other similar devices of a type subject to registration, as
defined in California Vehicle Code, which has a faulty,
defective, deteriorated, modified, replaced, or no exhaust
and/or muffler system, and which produces an excessive
and disturbing noise level, as defined in California Vehicle
Code Sections 27150 and 27151.
B. The Stationary Vehicle Test Procedure, as
adopted by the California Highway Patrol, may be utilized
as prima facie evidence of violation of this section. (Ord.
1871, (part), 2(01)
10.48.057 Noise from Off-Road Recreational
Vehides.
It is a violation of this chapter to own or operate:
A. Any off-road recreational vehicle, including
all-terrain vehicles, dirt bikes, dune buggies and other
similar devices, as defined in Division 16.5 of the California
Vehicle Code, which has a faulty, defective, deteriorated,
modified, replaced, or no exhaust and/or muffler system,
and which produces an excessive and disturbing noise level,
as specified in California Vehicle Code Section 38365;
B. Any off-road recreational vehicle producing a
noise level:
1. Exceeding ninety-eight dBA within twenty inches
of any component at an intermediate engine speed of two
thousand to four thousand revolutions per minute in a
stationary position; or
2. Exceeding eighty dBA under any condition of
acceleration, speed, grade, and load at a distance of fifty
feet. At greater or lesser measurement distances, the
maximum noise level changes by four dB for each doubling
or halving of distance. The sound level meter shall be set
for FAST response for this measurement. (Ord. 1871,
(part), 2(01)
10.48.060 Noise Disturbances.
No person shall unreasonably make, continue, or cause
to be made or continued, any noise disturbance as defined
in Section 10.48.010. (Ord. 1871, (part), 2(01)
10.48.061 ^nimnl~ and Birds.
It is unlawful and a nuisance for any person to keep,
maintain or permit upon any lot or parcel of land within the
City under his control any animal. including any fowl,
which by any sound or cry shall habitually disturb the peace
and comfort of any person in the reasonable and
comfortable enjoyment of life or property. (Ord. 1871,
(part), 2(01)
021 ~8
10.48.062
Cupertino - Public Peace, Safety and Morals
32
10.48.062 Nighttime Deliveries and Pickups.
It is unlawful and a nuisance for any person to make or
allow vehicular deliveries or pickups to or from commercial
establishments (defmed as any store, factory,
manufacturing, or industrial plant used for the sale,
manufacturing, fabrication, assembly or storage of goods,
wares and merchandise) by the use of private roads, alleys
or other ways located on either side or the back of any
building housing the commercial establishment where such
private road, alley or other way lies between the building
and any adjacent parcel of land zoned for residential
purposes, between the hours of eight p.m. and eight a.m.
weekdays (Monday through Friday) and six p.m. and nine
a.m. on weekends (Saturday and Sunday) and holidays
except as may be permitted under Section 10.48.029. (Ord.
1871, (part), 2001)
10.48.070 Violation-Penalty.
Any person who violates the provisions of this chapter
shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as provided in Chapter 1.12.
(Ord. 1886, (part), 2001; Ord. 1871, (part), 2001)
2004 5-1
;/.(-1
Exhibit B
Community Development
10300 Torre Avenue
. Cupertino CA 95014
Telephone (408) 777-3228
Fax (408) 777-3333
CITY OF
CUPEI\IINO
Building Department
All Cupertino building permits must meet certain conditions related to maintaining
environmental quality and public peace and safety. The two most common
conditions are described below.
STORMWATER POLLUTION CONTROL
State law requires that Cupertino, 12 other Silicon Valley cities, Santa Clara County and
the Santa Clara Valley Water District control stormwater pollution. Educating local
residents and businesses and enforcing stormwater pollution control laws are key parts
of the City's compliance efforts.
Stormwater pollution prevention: It's up to us
In northern Santa Clara Valley, storm drains flow directly to local creeks and San
Francisco Bay, with no treatment. Stormwater pollution is a serious problem for wildlife
dependent on our waterways, for people living near streams and baylands, and for the
local water supply. Common sources of stormwater pollution include:
. Dripped oil, fuel, and antifreeze from vehicles and heavy equipment;
. Construction debris, including dirt, concrete and paint;
. Landscaping runoff containing pesticides or weed killers; and
. Any material dumped or spilled into streets or storm drains
The property owner and the contractor share ultimate responsibility for activities
occurring at a construction site and will be held responsible for any environmental
damage caused by subcontractors or employees.
For more information on construction-related stormwater requirements, see the
Stormwater Quality Regulations section of the City of Cupertino web site at:
http://www.cupertino.org/city government/departments and offices/
environmental services
COMMUNITY NOISE CONTROL
The basic noise control requirements for construction sites are as follows:
. Typical construction work hours are:
- Weekdays - 7 a.m. to 8 p.m.
- Weekends - 9 a.m. to 6 p.m.
. Construction other than street construction is prohibited on holidays.
. Residential daytime noise levels from complaint site - 60 dBA
. Nonresidential daytime noise levels from complaint site - 65 dBA
For more information on noise control, please see Chapter 10.48 of the Cupertino
Municipal Code, which can be accessed at http://www.amleqal.com/cupertino caL
Greg Casteel
Building Official
;11-/0
Exhibit C
REPORT ON LENGTH OF CONSTRUCTION TIME
Ciddy Wordell, City of Cupertino
Responses as of 2/28/07
Question: Do any of the general law cities have limitations on the length of time
a building can be under construction, other than building permit
expiration limitations? The issue is, particularly in neighborhoods,
that construction can occur on a property for a venj long time, which
bothers the neighbors. Do you have any regulations that require
construction to be com leted within a s eci c eriod 0 time?
Lakshmi Ra"ao alan, Pacific Munici al Consultants
Provided a link to a Sunnyvale staff report that looked into this issue. Sunnyvale
surveyed 13 jurisdictions: "none limit the overall duration of a construction
project or restrict the construction hours for projects with a long duration. Staff
was not able to find any jurisdiction in California that has implemented such
restrictions." Staff did not recommend imposing any additional limits on the
overall duration of construction or restricting construction hours for projects
with a long duration. This is based on the minimal number of complaints
received, low percentage of projects that are not complete within two years, and
the additional staff time re uired to im 1ement, administer and monitor ro.ects.
Arlene Andrew, La Verne
La Verne does not have regulations requiring completion of construction within
a certain timeframe; the building permit is valid as long as the work is ongoing.
(1 just signed off a large 2-story addition that came in originally in 2000. The
owner-builder worked on it as time and mone ermitted.
James Wa1 en, Los Altos
Los Altos does not have any limits. Typically a project stalls because of financial
problems, so shutting them down or fining them rarely is productive. Our
greatest authority is the threat of rescinding a building permit and then charging
new fees, or even expiring their design approval and then having them start over
under perhaps new zoning regulations. Just the threat of this is usually sufficient
to et the ro. ect movin .
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Mike Stone, Salinas
I'm not aware of any cities that have regulations of that type. But if you
did adopt such an ordinance you would have to make sure and amend the
building code, specifically the administrative provisions of chapter 1.
Here's the most extreme example I know of: I used to work for the City of
Monterey (a charter city). There is a hotel development of several hundred
rooms on Cannery Row that was issued a building permit in 1985. The project
financing fell through after several months of construction and the project
sat basically dormant for 22 years. Construction recommenced about 3 months
ago and it's supposed to finally be finished some time next year. They kept
the permits alive by doing minimal work (pouring a slab or one column) every
six months in accordance with the building code. We calculated it would
take at least a few centuries to finish the project at that rate. Believe
me, there were a lot of residents, slow- and no-growth advocates and
environmentalists that would have loved to kill the project over those 22
years, and they tried. But since the property owner complied with the
building code there was nothing anyone, including the City, could do about
it.
Fred Buss, La Canada Flintridge
Ordinance: 7.08.050 Amendments-Permit expiration.
(c) Every permit shall be valid for a duration of not more than two years
from the commencement of work. If work has been recommenced pursuant to
subsection (a) above, the permit shall be valid for a duration of not more than
two years from the commencement of work under the original issued permit for
the property. If the work is not completed within two years from the
commencement, the permit shall expire by time limit and become null and void.
The building official may extend in writing the two-year construction time limit
for a period not exceeding one year upon written request submitted by the
permittee prior to expiration showing that the size, scope, and complexity of the
work or other physical conditions have necessitated longer construction time,
and the permittee has made satisfactory progress under such circumstances.
Incomplete construction, after the expiration of the permit, shall constitute a
public nuisance and shall be subject to abatement pursuant to the provisions of
the La Canada Flintridge Municipal Code. For purposes of this subsection, the
first recorded inspection approval constitutes commencement of work.
(Ord. 315 & 1, 200n
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Belle Newman, Claremont
Claremont's code defines the following as a public nuisance:
8. Property where construction activities have been initiated and no visible
progress in the construction has been made in 90 days or more, and where any
one of the following conditions exist:
a. Construction equipment and/ or materials are being stored in an area
visible from the street; or
b. Landscaping has been damaged and has not been repaired, and/ or is
not being maintained; or
c. Tarps and other temporary materials are being used to protect a
structure or building from the elements; or
d. Windows or other openings in a structure are boarded up; or
e. A structure is left in a state of partial construction with exposed
framing, missing windows or doors, incomplete roofing, or unfinished exterior
materials; or
f. Construction has left exposed foundations, footings, concrete slabs, or
flooring systems without structures, or
g. Pools, spas, or ponds remain in an incomplete state, and/ or which lack
required fencing and other required safety devices. (Ord. 04-04)
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Elise Semonian, Town of Ross
See ordinance below.
TOWN OF ROSS
ORDINANCE NO. 579
AN ORDINANCE OF THE TOWN OF ROSS AMENDING CHAPTER 15.50 OF
THE ROSS MUNICIPAL CODE REGARDING TIME LIMITS FOR COMPLETION
OF CONSTRUCTION
The Town Council does ordain as follows:
Section 1. Chapter 15.50 of the Ross Municipal Code is hereby amended as follows:
Sections:
15.50.010
15.50.020
15.50.030
15.50.040
15.50.050
15.50.060
15.50.070
15.50.080
15.50.090
15.50.100
Chapter 15.50
TIME LIMITS FOR COMPLETION OF CONSTRUCTION
Short Title.
Purpose.
Application.
Construction Completion.
Time Limits for Construction Completion.
Other Time Limits.
Penalties for Failure to Complete Construction.
Construction Completion Deposit.
Appeal of Penalties.
Administration and Enforcement.
15.50.010 Short Title.
This chapter shall be known as the "Construction Completion Chapter."
15.50.020 Purpose.
It is the intent of this chapter to:
(a) Implement the goals and purposes of the Town of Ross General Plan by
maintaining the Town's high quality and fragile natural environment and the existing
small town qualities and feeling of the community.
(b) Assure the safety of construction practices, structures, and other
improvements, through encouragement of completion inspections on all construction
requiring building permits.
(c) Set and enforce reasonable time limits for the completion of all construction
requiring building permits.
15.50.030
Application.
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This chapter shall apply to all construction, including all additions, alterations,
modifications, repairs, and improvements, which requires a building permit; hereafter
referred to as "applicable work."
15.50.040 Construction Completion.
For the purposes of this chapter, construction shall be complete upon the final
performance of all construction work, including: exterior repairs and remodeling; total
compliance with all conditions of application approval, including required landscaping;
and the clearing and cleaning of all construction~related materials and debris from the
site. Final inspection and approval of the applicable work by Town Staff shall mark the
date of construction completion.
15.50.050 Time Limits for Construction Completion.
The maximum time for completion of construction shall not exceed the following:
(a) For new construction, the estimated value of which, as determined by the
Town Building Official, is less than or equal to five hundred thousand dollars ($500,000),
the maximum time shall be 15 months from the issuance of a building permit.
(b) For new construction, the estimated value of which, as determined by the
Town Building Official, is greater than five hundred thousand dollars ($500,000), the
maximum time shall be 18 months from the issuance of a building permit.
( c) For additions, alterations, modifications, repairs, and improvements, the
estimated value of which, as determined by the Town Building Official, is less than or
equal to fifty thousand dollars ($50,000), the maximum time shall be 9 months from the
issuance of a building permit.
(d) For additions, alterations, modifications, repairs, and improvements, the
estimated value of which, as determined by the Town Building Official, is greater than
fifty thousand dollars ($50,000) and less than or equal to two hundred thousand dollars
($200,000), the maximum time shall be 12 months from the issuance of a building
permit.
(e) For additions, alterations, modifications, repairs, and improvements, the
estimated value of which, as determined by the Town Building Official, is greater than
two hundred thousand dollars ($200,000) and less than or equal to five hundred
thousand dollars ($500,000), the maximum time shall be 15 months from the issuance of
a building permit.
(f). For additions, alterations, modifications, repairs, and improvements, the
estimated value of which, as determined by the Town Building Official, is greater than
five hundred thousand dollars ($500,000), the maximum time shall be 18 months from
the issuance of a building permit.
15.50.060 Other Time Limits.
No building permit shall be issued within nine months of final inspection or expiration
of an antecedent building permit.
15.50.070 Effect of Failure to Comply with Time Limits for Construction
Completion.
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(a) Upon failure of a property owner to complete construction by those time
limits established in this chapter, the following penalties shall apply:
(1) For the first 30 days that the project remains incomplete there shall be
no penalty.
(2) For the 31st through 60th days that the project remains incomplete, the
Town shall impose a penalty of two hundred dollars ($200) per day.
(3) For the 61st through the 120th days that the project remains
incomplete, the Town shall impose a penalty of four hundred dollars ($400) per day.
(4) For the 121st day, and any additional days thereafter that the project
remains incomplete, the Town shall impose a penalty of one thousand ($1,000) dollars
per day.
(b) Penalties, fees, and costs due to the Town pursuant to this Chapter are due
each day as the penalties accrue.
( c) It is declared that any violation of the provisions of this Chapter shall, in
addition to any other remedy, constitute a public nuisance, and such nuisance may be
abated as provided by law.
15.50.080 Construction Completion Deposit. .
(a) Before a building permit may be issued, the property owner shall deliver to
the building department a refundable deposit in the amount of two percent of the
estimated value of the work as determined by the Town Building Official, but not less
than five hundred dollars ($500.)
(b) When construction is completed within the time limits provided herein, and
after a final inspection has been made and approved by Town Staff, the construction
completion deposit shall be refunded to the property owner.
(c) Upon failure of a property owner to complete construction by those time
limits established in this chapter, the deposit shall be incrementally forfeited to the
Town.
15.50.090 Appeal of Penalties.
(a) A penalty imposed pursuant to this section may be appealed to the Town
Council on the grounds that the property owners were unable to comply with the
construction time limit for reasons beyond the control of themselves and their
representatives.
(1) For purposes of this section, the grounds for appeal shall include, but
not be limited to: labor stoppages; acts of war or terrorism; and natural disasters.
(2) For purposes of this section, the grounds for appeal shall not include:
delays caused by the winter rainy season; the use of custom and/or imported
materials; the use of highly specialized subcontractors; significant, numerous, or
late design changes; access difficulties associated with the site; failure of
materials suppliers to provide said materials in a timely manner; or by delays
associated with project financing.
(b) An appeal of penalties made pursuant to this section shall be filed in writing
with the Town Clerk within 10 calendar days from the date of construction completion,
with payment of an appeal fee as established by Town Council resolution. The Town
Council will hold a hearing on the appeal and shall affirm, modify, or cancel the penalty.
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(c) When appealing penalties assessed pursuant to this chapter, the appellant
shall submit documentary and other evidence sufficient to establish that design
decisions, construction drawings and documents, bids and construction contracts,
permit applications, and compliance with all required permit conditions were
undertaken in a diligent and timely manner. Required documentary and other evidence
shall demonstrate to the Town Council's satisfaction that construction delays resulted
from circumstances fully out of his or her control and despite diligent and clearly
documented efforts to achieve construction completion within those time limits
established in this chapter. Penalties made pursuant to this section shall not be modified
or cancelled unless the evidence required in this section is submitted at the time of
appeal.
(1) For the purposes of this section, documentary evidence shall include
dated design contracts, date stamped plans, dated construction contracts and
material orders, and proof of timely payment of any deposits or fees required
pursuant to any of the forgoing items.
15.50.100 Administration and Enforcement.
(a) All applicable work started after the effective date of this ordinance shall be
completed within the time limits provided herein. All applicable work in progress as of
the effective date of this ordinance shall be completed within the time limits, and shall be
subject to those ordinances and construction completion requirements, in place at the
time of said work's initiation.
(b) Any amount in excess of the sum deposited with the Town as a construction
completion deposit and due to the Town by property owner( s) as a result of violation of
the provisions of this chapter is a personal debt owed to the Town by the owner( s) of the
subject property and, in addition to all other means of enforcement and collection, shall
become a lien against the subject property, and shall be subject to the same penalties and
the same procedure and sale in case of delinquency as provided for ordinary municipal
taxes.
Section 2. The Ross Town Council hereby declares as follows:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance for any
reason is held invalid or unconstitutional, such decision shall not affect the validity of the'
remaining portions of this chapter. The Town Council further declares that it would
have passed this and each section, subsection, sentence, clause, phrase, or portion thereof
irrespective of the fact that anyone or more sections, subsections, sentences, clauses,
phrases, or portions be declared unconstitutional on their face or as applied.
PASSED AND ADOPTED at a regular meeting of the Ross Town Council held on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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