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Clty Council Staff Report Agenda Item No. 17
February 26, 2013
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FROM: Community Development Department
Kimberly Brandt, Director
949 - 644 -3226, kbrandt(onewportbeachca.gov
PREPARED BY: Kimberly Brandt, Director
APPROVED:— �211_/j
Request to Consider an Amendment to the Municipal Code to
TITLE: Regulate the Use of Temporary Power Generators
ABSTRACT:
On February 12, 2013, Council Member Nancy Gardner requested that the City Council
consider an amendment to the Municipal Code to further regulate the use of temporary
power generators in conjunction with construction activities.
RECOMMENDATION:
Direct staff to research alternatives to regulate the use of temporary power generators
in conjunction with construction activities, and present the findings at a future City
Council study session.
FUNDING REQUIREMENTS:
Should the City Council direct staff to proceed with this study and potential Code
Amendment, the adopted Fiscal Year 2012 -13 budget includes sufficient funding; staff
estimates that approximately 20 -40 hours will be spent on this effort plus the cost of
noticing and publishing materials for public hearings.
DISCUSSION:
A recent resident complaint regarding the extended use of a temporary power generator
in conjunction with construction activities in a residential neighborhood prompts this
request to review the City's regulations.
The regulation of noise associated with construction activities is contained in Title 10 of
the City's Municipal Code. The regulations give precise hours for when loud, noisy
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Temporary Power Generators
February 26, 2013
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construction activities may occur, but do not further limit the noise levels or duration that
any particular type of construction equipment may be used within the allowable
timeframe.
The Code specifically regulates construction activities as follows:
A. Weekdays and Saturdays. No person shall, while engaged in construction,
remodeling, digging, grading, demolition, painting, plastering or any other related
building activity, operate any tool, equipment or machine in a manner which
produces loud noise that disturbs, or could disturb, a person of normal sensitivity
who works or resides in the vicinity, on any weekday except between the hours
of seven a.m. and six -thirty p.m., nor on any Saturday except between the hours
of eight a.m. and six p.m.
B. Sundays and Holidays. No person shall, while engaged in construction,
remodeling, digging, grading, demolition, painting, plastering or any other related
building activity, operate any tool, equipment or machine in a manner which
produces loud noise that disturbs, or could disturb, a person of normal sensitivity
who works or resides in the vicinity, on any Sunday or any federal holiday."
(Section 10.28.040)
Staff notes that the City's regulation of construction noise is consistent with other cities,
with the variation occurring in the specific hours and /or days when construction is
allowed.
In the typical construction scenario for a major remodel or new construction, a
temporary power pole is permitted and obtained from Southern California Edison.
Generally speaking, the temporary power pole is less costly than a generator for
providing power to construction activities. However, if there is a delay in obtaining the
temporary power pole combined with a tight construction schedule, the power generator
may be deemed to be the appropriate solution. It should be further noted temporary
generators are typically used to power a residential or commercial building after a fire or
natural disaster which disrupts power supply and may require prolonged use. Also,
temporary generators are used and tightly regulated through special event permits.
Staff notes that any number of construction activities may involve the prolonged use of a
variety of vehicles, machines, and power tools that are equally or more disruptive in
terms of noise than a power generator.
Should City Council wish to pursue this potential Code Amendment for further
consideration, staff will research other cities for regulation examples. These regulations
may range from complete prohibition to a limited timeframe for use. Staff believes that a
total prohibition of temporary generators may be too restrictive and may further delay
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February 26, 2013
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construction projects, which is also not beneficial to the surrounding neighborhood.
Therefore staff recommends that additional research be conducted to determine if there
is a reasonable approach to regulating the use of temporary generators, and once that
research is concluded, staff will present the information to the City Council at a study
session.
ENVIRONMENTAL REVIEW:
This activity has been determined to be statutorily exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and
Planning Studies) of the CEQA Guidelines. This statutory exemption applies to
feasibility or planning studies for possible future actions, which have not been approved,
adopted or funded and that do not have a legally binding effect on later activities.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
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Kimberly Brand , AICP
Director
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