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CITY COUNCIL AGENDA ITEM NO. 19


Meeting Date: May 22, 2001

Subject/Title: Second Reading of Ordinance No. 666 amending the City of Brentwood Municipal Code, limiting the hours that construction noise can occur adjacent to residential uses. 

Submitted by: Community Development Department, Mitch Oshinsky/Randy Kidwell

Approved by: Jon Elam, City Manager


RECOMMENDATION
Staff recommends that City Council waive the second reading and approve the attached ordinance amendment to Chapter 9.32 of the Brentwood Municipal Code regarding unnecessary construction noise in the City of Brentwood.

PREVIOUS ACTION:
The City Council approved first reading of this amendment on May 8, 2001. 

BACKGROUND:
With the increase in development throughout the City, the Building Department has received an increasing number of complaints concerning construction noise. Presently the municipal code does not specifically control construction noise. The existing statue found in the Brentwood Municipal Code entitled “Offenses Against Public Peace” generally prohibits unnecessary loud or disturbing noise, however, construction noise is not included.

The nature of complaints received to date concern the following points:

1. Loud construction noise is being created during the night hours and very early hours of the morning disturbing generally accepted sleep hours.

2. Loud construction noise is being created on holidays disturbing those outdoor activities usually reserved for holidays.


3. Loud construction noise is being created on Sundays disturbing the generally accepted day of rest and relaxation.

DISCUSSION:
There are several ways of controlling construction noise, however, there are two generally accepted methods employed by most cities.

The first way is at the development approval process where specific hours and days of operation are included in the conditions of approval.

The second way is to place an ordinance in an appropriate place in the municipal code designating the hours and days of operation.
The Ordinance amendment proposed is designed to control construction noise during unreasonable periods. These standards have been informally agreed to by the builders of existing projects, however, there have been occasions where, because these standards have not been made statute, violations have not been enforceable. 

If the Chief Building Official allows an exception when extraordinary circumstances can be demonstrated in advance and in writing, as Council had directed, a certificate to give permission for work that is allowed will be issued. The certificate will give exact parameters for special permission so it cannot be used at other times or for other purposes.

ORDINANCE NO. 666

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REVISING SECTION 9.32.030 OF THE BRENTWOOD MUNICIPAL CODE REGARDING UNNECESSARY CONSTRUCTION NOISE IN THE CITY OF BRENTWOOD.


The City Council of the City of Brentwood does ordain as follows:

WHEREAS, there has been a proliferation of new construction in the City of Brentwood; and

WHEREAS, new construction often occurs next to occupied structures; and

WHEREAS, construction creates noise that can be disturbing to the peace and quiet of neighboring residents; and

WHEREAS, neighboring residents should not be burdened by construction noise outside reasonable work hours; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger Dispatch on April 27, 2001 and posted, according to City policies and Government Code 65090; and 

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed amendment on May 8, 2001 for the purpose of reviewing the amendment; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, and all other pertinent documents and associated actions regarding the proposed amendment.

NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Brentwood ordains as follows:

Section 1. The Brentwood Municipal Code, Chapter 9.32.030, is amended to add the following (added text underlined, deleted text stricken):

H. Construction noise, not subject to the exemptions as listed in Subsection I, that is created by construction activity, equipment, devices or machinery within 500 feet of an existing residence in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants shall be prohibited at all times on holidays and Sundays and, during the hours of:

12:00 AM on Monday through 7:00 AM on Monday
7:00 PM through 7:00 AM on Monday, Tuesday, Wednesday, Thursday
7:00 PM on Friday through 9:00 AM on Saturday
5:00 PM on Saturday through 11:59 PM on Saturday


I. The following are exemptions to the noise limits provided in Subsection H:



1) The Building Official may allow an exception when extraordinary circumstances can be demonstrated in advance, and in writing; and
2) Repair or maintenance of an existing occupied home.


J. For purposes of this Chapter, holidays shall be defined as all City of Brentwood approved holidays including the following:

New Year’s Eve Day
New Year’s Day 
Martin Luther King’s Birthday
Washington’s Birthday
Memorial Day
July 4th
Labor Day
Veteran’s Day
Thanksgiving
The Day after Thanksgiving
Christmas Eve Day
Christmas Day

Section 2.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or
2. Publishing the entire Ordinance at least once in the Ledger Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or
3. Publishing a summary of the Ordinance prepared by the City Attorney in the Ledger Dispatch and posting a certified copy of the entire Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 22nd day of May 2001 by the following vote:

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