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Ord 646 ORDINANCE NO. 646 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTION 8.08.020; SECTION 8.08.040; SECTION 8.08.100 AND SECTION 16.44.140 OF THE POWAY MUNICIPAL CODE CONCERNING TIME FOR USE OF CONSTRUCTION EQUIPMENT AND TIME OF GRADING AND CLEARING OPERATIONS WHEREAS, Chapter 8.08 of the Poway Municipal Code, entitled Noise Abatement and Control provides time limits for using construction equipment, for the purpose of preventing noise nuisances; and WHEREAS, Section 8.08.020 provides definitions to be used in the Noise Abatement and Control Chapter of the Code; and WHEREAS, Section 8.08.040 entitled "Sound level limits" provides the sound level limits that are permissible for each of the City's zones and land use designations; and WHEREAS, Section 16.44.140 of the Poway Municipal Code provides time limits for conducting grading and clearing operations within one-half mile of a residence, for the purpose of preventing noise nuisances; and WHEREAS, it has been determined that there is a need to amend Section 8.08.020 to add a definition of "holiday" for purposes of the Noise Abatement and Control Chapter, and WHEREAS, it has been determined that there is a need to update the list of Zones and Land Use Designations in Section 8.08.040; and WHEREAS, it has been determined that there is a need to amend Section 8.08.100 to make the language regarding holidays consistent with the new definition of "holiday" in Section 8.08.020, and to clarify the types of construction equipment that can be used on Sundays and holidays for construction on a person's own residence; and WHEREAS, it has been determined that the time limit in Section 16.44.140 for grading and clearance activities on Sundays and holidays should be changed to 7:00 a.m. to 7:00 p.m., for consistency with the time limits in Section 8.08.100 which apply to the use of construction equipment and that the term holiday for purposes of this section should be defined. Ordinance No. 646 Page 2 NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF POWAY DOES ORDAIN AS FOllOWS: Section 1: The City Council finds that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Class 5 because it involves a minor alteration to existing construction equipment hours of operation and provides clarification of the existing terms within the code. Section 2: Section 8.08.020(A) entitled Definitions is amended to add the following subsection (10), and to renumber the remaining subsections as follows: 8.08.020(A)(10) "Holiday" means January 1st, known as "New Year's Day"; the third Monday in January, known as "Martin Luther King Day", the third Monday in February, known as "Washington's Birthday"; March 31st, known as "Cesar Chavez Day", the last Monday in May, known as "Memorial Day"; the 4th day of July, known as "Independence Day"; the first Monday in September, known as "labor Day"; the 11th day in November, known as "Veterans Day"; the last Thursday in November, known as "Thanksgiving Day"; and December 25th, known as "Christmas Day." In the event "New Year's Day," "Cesar Chavez Day", "Independence Day" and "Christmas Day" falls on Sunday, the following day will be deemed a holiday, and if they fall on Saturday, the Friday preceding will be deemed a holiday. 8.08.020(A)(1 0) "Motor vehicles" is renumbered to 8.08.020(A)(11). 8.08.020(A)(11) "Noise control officer" is renumbered to 8.08.020(A)(12). 8.08.020(A)(12) "Noise level" is renumbered to 8.08.020(A)(13). 8.08.020(A)(13) "Noncommercial purpose" is renumbered to 8.08.020(A)(14). 8.08.020(A)(14) "Nonstationary source" is renumbered to 8.08.020(A)(15). 8.08.020(A)(15) "Person" is renumbered to 8.08.020(A)16. 8.08.020(A)(16) "Powered model vehicles" is renumbered to 8.08.020(A)(17). 8.08.020(A)(17) "Sound amplifying equipment" is renumbered to 8.08.020(A)(18). 8.08.020(A)(18) "Sound level" is renumbered to 8.08.020(A)(19). 8.08.020(A)(19) "Sound level meter" is renumbered to 8.08.020(A)(20). 8.08.020(A)(20) "Sound truck" is renumbered to 8.08.020(A)(21). 8.08.020(A)(21) 'Watercraft" is renumbered to 8.08.020(A)(22). Section 3: Section 8.08.040 of the Poway Municipal Code is amended to read as follows: Unless a variance has been applied for and granted pursuant to this chapter, it is unlawful for any person to cause or allow the creation of any noise to the extent that the one-hour average sound level, at any point on or beyond the boundaries of the property on which the sound is produced, exceeds the applicable limits set forth below, except that construction noise level limits shall be governed by PMC 8.08.100: Ordinance No. 646 Page 3 Applicable Limit Zone or Land Use Designation One-Hour Average Sound Level (in decibels) OS-RM, OS, OS/1du, RR-A, RR-B, RR-C, RS-2, RS-3, RS-4, RS-7, and 10:00 p.m. to 7:00 a.m. 40 Specific Plan, PRO and PC regulations with a density of 11 7:00 a.m. to 10:00 p.m. 50 dwelling units or less per acre. PF, RA, RC, MHP, and Specific 7:00 a.m. to 7:00 p.m. 55 Plan, PRO and PC regulations with a 7:00 p.m. to 10:00 p.m. 50 density of 11 or more dwelling units 10:00 p.m. to 7:00 a.m. 45 per acre. SPC, MU, CO, CN, CB, CG, TC, 7:00 a.m. to 7:00 p.m. 60 A1GC and HC 7:00 p.m. to 10:00 p.m. 55 10:00 p.m. to 7:00 a.m. 55 MRE, SC, L1, L1/S and IP Anytime 70 The sound level limit at a location on a boundary between two zoning districts is the arithmetic mean of the respective limits for the two districts. Fixed location public utility distribution or transmission facilities located on or adjacent to a property line shall be subject to the noise level limits of this section, measured at or beyond six feet from the boundary of the easement upon which the equipment is located. Section 4: Section 8.08.1 OO(A) is amended to read as follows: A. It is unlawful for any person, including the City, to operate any single or combination of powered construction equipment at any construction site before 7:00 a.m. or after 5:00 p.m. on Mondays through Saturdays or at any time on a Sunday or holiday except as provided below. For purposes of this section "construction" does not include minor home repairs, lawn mowing, gardening and similar types of routine maintenance as identified in Section 8.08.170 (0) of this Title. 1. The City Engineer may permit, in writing, the use of powered construction equipment during specific hours before 7:00 a.m. or after 5:00 p.m. Monday through Saturday, or anytime on a Sunday or holiday, if he or she determines that such operations are not detrimental to the health, safety, or welfare of the surrounding community, that the conduct of the activity is limited by the nature of the work, and that it is in the best interest of the public to perform the work outside of normal hours and days of work. Ordinance No. 646 Page 4 2. A residential property owner constructing a single family residence, or constructing an addition to, or otherwise modifying a single family residence for personal occupancy may operate powered construction equipment on Sundays or holidays between the hours of 10:00 a.m. and 5:00 p.m. in compliance with the requirements of subdivision B of this section provided that: a. The type of equipment used is limited to handheld construction equipment or equipment powered by small electrical motors, including, but not limited to, small cement mixers, table saws, and similar small equipment; and b. The construction is not carried out for profit or livelihood. Upon request of the City, a property owner shall provide documentation, to the satisfaction of the Director of Development Services, of personal occupancy of the residence, or the intent to personally occupy the residence. Section 5: Section 16.44.140 entitled "Time of grading and clearing operations" is amended to read as follows: Grading, clearing, and equipment operations being conducted in association with a valid grading permit shall be conducted only between the hours of 7:00 a.m. and 5:00 p.m. on weekdays, and at no time on weekends or holidays, without written approval of the City Engineer. The City Engineer may, however, permit grading, clearing, or equipment operations during specific hours before 7:00 a.m. or after 5:00 p.m. on weekdays, or on weekends or holidays if he or she determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of such a structure. Permitted hours of operations may be shortened by the City Engineer's finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community. For purposes of this section, holiday shall mean January 1st, known as "New Year's Day"; the third Monday in January, known as "Martin Luther King Day", the third Monday in February, known as 'Washington's Birthday"; March 31st, known as "Cesar Chavez Day", the last Monday in May, known as "Memorial Day"; the 4th day of July, known as "Independence Day"; the first Monday in September, known as "Labor Day"; the 11th day in November, known as "Veterans Day"; the last Thursday in November, known as "Thanksgiving Day"; the day after "Thanksgiving Day", and December 25th, known as "Christmas Day." In the event "New Year's Day," "Cesar Chavez Day", "Independence Day" and "Christmas Day" falls on Sunday, the following day will be deemed a holiday, and if they fall on Saturday, the Friday preceding will be deemed a holiday. Ordinance No. 646 Page 5 EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of this passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of poway held this 14th day of November 2006 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 5th day of December 2006, by the following roll call vote.