HomeMy WebLinkAbout03 - Restricting Construction Noise on Saturday and Posting of a Project Information SignTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
June 11, 2019
Agenda Item No. 3
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Samir Ghosn, Deputy Community Development Director/Chief
Building Official, sghosn _newportbeachca.gov
PHONE: 949-644-3277
TITLE: Ordinance No. 2019-9: Adoption of an Ordinance Restricting
Construction Related Noise on Saturday and Posting of a Project
Information Sign for Construction Projects in High -Density Areas
ABSTRACT:
On May 28, 2019, the City Council unanimously voted to introduce an ordinance to amend
the Newport Beach Municipal Code (NBMC) to restrict construction noise on Saturdays
and to require posting of a project information sign for construction projects in designated
High Density Areas. If adopted, the ordinance goes into effect on August 12, 2019.
RECOMMENDATION:
a) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 2019-9, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Portions of Chapters 10.28
and 15.16, and Adding Section 15.60.030 to the Newport Beach Municipal Code,
Relating to Construction Activity and Signage in Designated High -Density Areas.
FUNDING REQUIREMENTS:
There is no direct fiscal impact related to the adoption of the ordinance.
DISCUSSION:
The attached ordinance was considered and introduced at the May 28, 2019, City Council
meeting. The amendments to the NBMC would update regulations of the noise ordinance
to include Saturdays and would require a project information sign on fencing of
construction projects in areas of the City designated as High Density Areas.
3-1
Ordinance No. 2019-9: Adoption of an Ordinance Restricting Construction Related
Noise on Saturday and Posting of a Project Information Sign for Construction Projects in
High -Density Areas
June 11, 2019
Page 2
High Density Areas
The designated High Density Areas are identified as: Balboa Island, Balboa Peninsula,
Bay Island, Bay Shores, Collins Island, Corona Del Mar Village, Harbor Island, Linda Isle,
Lido Isle, West Newport and Newport Shores (Exhibit A of Ordinance No. 2019-9).
Restriction on Saturdays
The ordinance amends the NBMC to extend the restriction of construction related noise
to include Saturdays in High Density Areas. The amendment does not prevent a
homeowner or any individual from performing maintenance work on their property as long
as it is done in a manner that limits disturbance from noise and remains in compliance
with the NBMC.
Information Signage
The ordinance amends the NBMC to require a project information sign to be posted on a
construction fence in the designated High Density Areas. The project information sign
must identify the primary contact, general contractor name, permit number and City
contact information.
Effective date of the Ordinance
If adopted, the effective date of the ordinance will be August 12, 2019, allowing City staff
the opportunity to notify the development community on the new requirements proposed
in the ordinance.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly. The
adoption of the amendment does not authorize new development or change the density
or intensity of any potential future development.
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).
ATTACHMENT:
Attachment A — Ordinance No. 2019-9
3-2
Attachment A
City Council Ordinance No. 2019-9, Amending portions of Chapters 10.28 and 15.16
and adding Section 15.60.03 to the Newport Beach Municipal Code
3-3
ORDINANCE NO. 2019-9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
NEWPORT BEACH, CALIFORNIA, AMENDING PORTIONS
OF CHAPTERS 10.28 AND 15.16, AND ADDING SECTION
15.60.030 TO THE NEWPORT BEACH MUNICIPAL CODE,
RELATING TO CONSTRUCTION ACTIVITY AND SIGNAGE
IN DESIGNATED HIGH-DENSITY AREAS
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests
the City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, at the study session held on April 23, 2019, the City Council discussed
the effect of construction in high-density areas of the City and directed City staff to bring
back proposed modifications to the Newport Beach Municipal Code to reduce said
impacts; and
WHEREAS, the City Council finds and declares that new construction in close
proximity to other new construction in high-density areas effects the public health, safety
and welfare by interfering with limited on -street parking as well as the peace and quiet of
the City and its inhabitants.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 10.28.040 of Chapter 10.28 of Title 10 of the Newport Beach
Municipal Code is hereby amended to read as follows:
10.28.040 Construction Activity—Noise Regulations.
A. 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, unless
authorized to do so in accordance with subsection B.
B. The provisions of subsection 10.28.040(A), shall not apply to the following:
1. Work Performed on any weekday, which is not a federal holiday, between the
hours of seven a.m. and six -thirty p.m.
3-4
Ordinance No. 2019-9
Page 2 of 6
2. Work performed on a Saturday, in any area of the City that is not designated
as a high-density area, between the hours of eight a.m. and six p.m.
3. Emergency work performed pursuant to written authorization of the
Community Development Director, or his or her designee.
4. Maintenance, repair or improvement of any public work or facility by public
employees, by any person or persons acting pursuant to a public works contract, or
by any person or persons performing such work or pursuant to the direction of, or
on behalf of, any public agency; provided, however, this exception shall not apply to
the City of Newport Beach, or its employees, contractors or agents, unless.
a. The City Manager or department director determines that the maintenance,
repair or improvement is immediately necessary to maintain public services;
b. The maintenance, repair or improvement is of a nature that cannot feasibly
be conducted during normal business hours; or
c. The City Council has approved project specifications, contract provisions,
or an environmental document that specifically authorizes construction during
hours of the day, which would otherwise be prohibited pursuant to this section.
C. No landowner, construction company owner, contractor, subcontractor, or employer
shall permit or allow any person or persons working under their direction and control to
operate any tool, equipment or machine in violation of the provisions of this section.
D. Any person who violates any provision of this section is guilty of a misdemeanor
unless the violation is deemed an infraction pursuant to the provisions of Section
1.04.010, or any successor section, of this Code.
E. The term "designated high-density area" shall mean any shaded area on the
following map. See Exhibit A.
Section 2: Subsection 10.28.045(E)(1) of Chapter 10.28 of Title 10 of the
Newport Beach Municipal Code is hereby amended to read as follows:
E. Exceptions. The provisions of this section shall not apply to the following:
1. Emergency property maintenance authorized by the Community
Development Director, or his or her designee;
3-5
Ordinance No. 2019-9
Page 3 of 6
Section 3: The definition of "Designated High -Density Area" is hereby added to
Section 15.16.010 of Chapter 15.16 of Title 15 of the Newport Beach Municipal Code to
read as follows:
Designated High -Density Area. The term "designated high-density area" shall
mean any shaded area on the following map. See Exhibit A.
Section 4: The definition of "Temporary Project Information Sign" is hereby
added to Section 15.16.010 of Chapter 15.16 of Title 15 of the Newport Beach Municipal
Code to read as follows:
Temporary Project Information Sign. The term "temporary project information sign"
shall mean any sign constructed of cloth, canvas, light fabric, wallboard, or other light
materials, with or without frames, intended to be displayed on construction site fencing
required under Chapter 15.60, or any successor chapter, for the duration of the
construction of a new structure or addition and reconstruction, rehabilitation or renovation
of an existing structure in accordance with the requirements of Section 15.60.030, or any
successor statute.
Section 5: Subsection 15.16.340(C) of Chapter 15.16 of Title 15 of the Newport
Beach Municipal Code is hereby amended to read as follows:
C. Exception. Restrictions of time, size and height provided by this section shall not
apply to signs for which a use permit has been obtained under the provisions of Title 20
or a sign considered a temporary project information sign subject to Section 15.60.030,
or any successor statute.
Section 6: The table of contents for Chapter 15.60 shall be amended to add
Section 15.60.030 Temporary Project Information Sign and a new Section 15.60.030 is
hereby added to Chapter 15.60 of Title 15 of the Newport Beach Municipal Code to read
as follows:
3-6
Ordinance No. 2019-9
Page 4 of 6
15.60.030 Temporary Project Information Sign
When a property in a designated high-density area, as defined in Section 15.16.010, is
required to be fenced in accordance with Section 15.60.020, a temporary project
information sign shall be affixed to the fence that can be readily viewed by the public. The
temporary project information sign shall be subject to prior approval by the Community
Development Director, or his or her designee. The temporary project information sign
shall be two (2) feet in height by three (3) feet in length with the following information
printed legibly in seventy-two (72) point font:
a) Permit Number;
b) Site Address;
c) General Contractor's Name;
d) General Contractor's License Number;
e) Contact Name;
f) Contact Phone Number; and
g) Contact Email Address.
The temporary project information sign shall be labeled with the words "PROJECT
INFORMATION" at the center top and contain the most current contact information for
the City's Code Enforcement, Parking Enforcement, and Building Inspection divisions
located at the bottom and such other information as the Community Development
Director, or his or her designee, may specify and require.
The temporary project information sign shall be in substantial conformance to the
following; however, the Community Development Director, or his or her designee, may
require inclusion of additional information.
3-7
PROJECT INFORMATION
ADDRESS:
CONTACT:
PHONE #:
CONTRACTOR:
LICENSE #:
PERMIT No:
EMAIL:
CODE ENFORCEMENT: 644-3215 I
PARKING ENFORCEMENT: 644-3717 1 BUILDING INSPECTION 644-3200
CDD@newportbeachca.gov
3-7
Ordinance No. 2019-9
Page 5 of 6
Section 7: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 8: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 9: The City Council finds and determines that the introduction and
adoption of this ordinance is not subject to the California Environmental Quality Act
("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Section 10: Except as expressly modified in this ordinance, all other titles,
chapters, sections, subsections, terms, sentences, clauses and phrases set forth in the
Newport Beach Municipal Code shall remain unchanged and shall be in full force and
effect.
Section 11: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
W-1
Ordinance No. 2019-9
Page 6 of 6
Section 12: Effective Date. This ordinance shall take effect and be in full force
on August 12, 2019.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 28th day of May, 2019, and adopted on the 11th day of
June, 2019, by the following vote, to -wit -
AYES:
NAYS:
ABSENT:
DIANE B. DIXON, MAYOR
ATTEST:
LEILANI E. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AAR N C. HARP, ITY ATTORNEY
1
z
3
4
5
6
7
B
9
90
N
Balboa Island
Balboa Peninsula
Bay Island
Boyshores
Collins Island
Corona del Mar Village
Harbor Island
Linda Isle
Lido Isle
West Newport / Newport Shores
.AL1 l
High Density Areas
Q NH
�wrore •�eae
CPT .I Nr Wp.,i 9...A
GIs Cr.l,ien
Mor 1], 7019
3-10