HomeMy WebLinkAboutTC Ord 2009-02-18 (2)
ORDINANCE NO. 514 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 13 (BUILDING
REGULATIONS) TO MODIFY PROVISIONS FORt WORK ON SATURDAYS
ALLOWED PURSUANT TO A BUILDING PERMIT
SECTION 1. FINDINGS.
WHEREAS, the Town Council has identified construction noise on Saturdays for
work performed subject to a building permit to be an ongoing source of annoyance and
irritation to surrounding property owners, residents and neighborhoods; and
WHEREAS, the Town has surveyed construction companies that perform
substantial work in Tiburon and presented the results of that survey to the Town Council;
and
WHEREAS, the Town Council finds that this amendment is adopted to promote
the general welfare of the community by reducing disruptive week-end noise from Town-
permitted construction activities; and
WHEREAS, the Town Council held public hearings on November 5, 2008 and on
January 21, 2009 and has heard and considered all testimony and timely correspondence
on the proposed Municipal Code amendments; and
WHEREAS, the Town Council finds that that these amendments are covered by
the general rule that the California Environmental Quality Act (CEQA) applies only to
projects that have the potential for causing a significant effect on the environment
pursuant to CEQA Guidelines Section 15061(b)(3), and further finds that if the
amendments were not covered by the above section, the amendments would be exempt
pursuant to Sections 15305, 15308, and/or 15324(b) of the CEQA Guidelines.
SECTION 2. ADOPTION OF AMENDMENTS.
NOW, THEREFORE, BE IT ORDAINED that the Town Council of the Town of
Tiburon hereby amends the Tiburon Municipal Code, Title IV, Chapter 13 (Building
Regulations) by amending Section 13-6 to read as follows:
13-6. Hours of construction.
(a) Generally, all work covered by a permit issued under this chapter shall be
performed only between the hours of seven a.m. to five p.m., Monday through
Friday, and nine thirty a.m. to four p.m. on Saturday. Only quiet work is allowed
to be performed on Saturdays, such that noise from any source associated with the
permitted work, including but not limited to construction activity, amplified sound,
and worker's voices, shall not be plainly audible beyond the property line.
Town ofTiburon
Ordinance No. 514 N S.
Effective 03/20/2009
Page 1 of3
(b ) Work covered by a permit shall not be performed on Sunday or on holidays
observed by the Town of Tiburon. These holidays are New Year's Day, Martin
Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day. -t
(c) For work covered by a permit, the arrival or departure of heavy equipment
(including but not limited to concrete trucks, graders and backhoes) and/or the
delivery of heavy items or materials (including but not limited to lumber, concrete,
debris boxes, and portable restrooms) to a work site shall occur only on Monday
through Friday between the hours of seven a.m. to five p.m. Hours of operation,
maintenance, and servicing of heavy equipment shall be limited to eight a.m. to
five p.m., Monday through Friday. Heavy equipment may begin engine warm up,
but not actual operation, at seven-thirty a.m.
(d) Exceptions. The limitations in sections 13-6(a) through (c) shall not apply in the
following instances:
(1) When prior to the commencement of any work covered by a permit issued
under this chapter, the town manager grants written permission to perform work
outside of the prescribed hours;
(2) When work is necessary in an emergency situation to remedy or prevent
damage to persons or property.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would
have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or
phrases may be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage, and before the expiration of fifteen (15) days after passage by the Town Council,
a copy of the ordinance shall be published with the names of the members voting for and
against it at least once in a newspaper of general circulation in the Town of Tiburon.
Town ofTiburon
Ordinance No. 514 N S.
Effective 03/20/2009
Page 2 of3
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on February 4,2009, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on February 18, 2009, by the following vote:
AYES:
COUNCILMEMBERS:
-t
Berger, Collins, Fredericks, Gram
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Slavitz
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DIANE CRANE IACOPI, TOWN CLERK
Town ofTiburon
Ordinance No. 514 N S.
Effective 03/20/2009
Page 3 of3