TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Marisa Lundstedt, Community Development Director
Quinn M. Barrow, City Attorney
SUBJECT:Title
Second Reading on Ordinance Consolidating and Codifying Manhattan Beach’s Existing Construction Rules (Community Development Director Lundstedt).
ADOPT ORDINANCE NO 16-0020, AN ORDINANCE CONSOLIDATING AND CODIFYING EXISTING CONSTRUCTION RULES
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Recommended Action
RECOMMENDATION:
Staff recommends that the Council adopts Ordinance No. 16-0020, An Ordinance Consolidating and Codifying Construction Rules.
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FISCAL IMPLICATIONS:
No fiscal impact.
BACKGROUND:
The City Council has directed staff to consolidate and codify the City’s existing regulations and rules governing construction activity. On August 16, 2016, staff presented a draft construction rules ordinance for discussion purposes. The attached ordinance contains the same substance as the draft ordinance that was presented on August 16. In addition, the attached ordinance contains additional, non-substantive clean up language and cross-references to other chapters addressing construction activity. On October 4, 2016, the City Council incorporated some additional changes, and then conducted first reading of the ordinance. The attached ordinance contains all of the additional changes added prior to first reading.
DISCUSSION:
Currently, construction activity in the City is addressed in various sections of the Municipal Code, state law, and by the City’s non-codified Construction Rules. The City’s Noise Ordinance (Chapter 5.48) contains most of the provisions related to construction. However, other Municipal Code sections such as Chapter 5.26, relating to construction debris waste reduction and recycling requirements, and Chapter 5.84, storm water and urban runoff pollution control, contain provisions governing construction activity. If adopted, Ordinance 16-0020 would establish a new Chapter 9.44 consolidating existing Code provisions and codifying existing construction rules.
Section 9.44.010 (Definitions) contains three definitions, “construction activity” (essentially cut and pasted from the noise ordinance; “Director” and a new definition - “Vehicular Activity” - to encompass deliveries, hauling, and loading and unloading in the right-of-way.
Section 9.44.020 (General Requirements for Construction Activities) codifies general conditions and restrictions for all construction and construction related activities occurring within the City (which are substantively identical to the existing Construction Rules and, in some cases, state law). As noted above, staff has fine-tuned the language, removed ambiguities, provided the cross references mentioned above, and streamlined the general requirements to make the ordinance user-friendly. (Subsection X of 9.44.020) has also been added regarding the requirement to retain all permits onsite for the duration of the project.
Section 9.44.030 (Construction Hours) replaces old Section 5.48.060 relating to the days and hours of construction, as recently amended by the City Council by Ordinance 16-0007. There is no substantive change.
Section 9.44.040 (Construction Management and Parking Plan Requirement for Residential Areas III and IV) codifies the Construction Management and Parking Plans for Residential Areas III and IV (sand section) developed pursuant to Council direction on September 1, 2015.
Section 9.44.050 (Street and Lane Closures) requires right-of-way permits for street and lane closures in the City.
Section 9.44.060 codifies existing construction rules related to deliveries. Staff has identified two topics that the Council may want to discuss:
1. The construction rules require a right-of-way permit for construction deliveries in Residential Districts III and IV that last more than two hours in duration, which has been codified in Section 9.44.040. Staff has imposed the same requirement throughout the City.
2. There are a number of provisions that were developed by staff during 2013-2015 to alleviate impacts from construction. During that time, there were complaints from residents about hauling, deliveries and unloading and loading on the right-of-way. To address these concerns, Staff no requires contractors to take certain measures to alleviate the impacts from hauling, deliveries and unloading and loading, and those have been included in Section 9.44.060 of the draft ordinance.
Finally, Section 4 of the ordinance merely replaces the cross reference in existing Section 5.48.250 with new Chapter 9.44.
Excavation
In addition, the Council directed staff to come back at a later date with a report summarizing public feedback regarding impacts on neighboring properties due to excavation.
ENVIRONMENTAL REVIEW
The proposed ordinance is not a “Project” within the meaning of CEQA, because there is no potential for resulting physical change in the environment, directly or indirectly. Further, it can be seen with certainty that there is no possibility that the adoption of this ordinance, and the prohibition established hereby, may have a significant effect on the environment, because the ordinance will, at most, only impose greater limitations on activities in the City, and will thereby serve to eliminate potentially adverse environmental impacts. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations.
PUBLIC OUTREACH/INTEREST
As directed by the City Council, staff has provided notification of this item to the Community Development’s Construction Community interested parties list.
LEGAL REVIEW
The City Attorney has approved as to form the draft ordinance.
Attachments:
1. Second Reading - Draft Construction Rules Ordinance