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HomeMy WebLinkAbout15 - On-street Parking Impacts Due to Construction Activities and the Overall Time a Construction Project May TakeQ SEW Pp�T CITY OF �m z NEWPORT BEACH c�<,FORN'P City Council Staff Report February 26, 2019 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Samir Ghosn, Deputy Community Development Director/Chief Building Official, sghosn(a-).newportbeachca.gov PHONE: 949-644-3277 TITLE: Introduction of an Ordinance Amending the Newport Beach Municipal Code Relating to On -street Parking Impacts Due to Construction Activities and the Overall Time a Construction Project May Take ABSTRACT: On January 23, 2018, the City Council directed staff to consider changes to the Newport Beach Municipal Code (NBMC) to address residential street parking impacted by the on- going construction occurring in residential neighborhoods and the length of time a construction project may take. For the past year, staff has discussed ways to address the issues with community groups. Staff is proposing Ordinance No. 2019-7 (Attachment A) amending the NBMC Chapters 10 and 15 to help alleviate some of the impacts. 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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-7, An Ordinance of the City Council of the City of Newport Beach, California, An Ordinance of the City Council of the City of Newport Beach, California, Amending Portions of Chapters 10. 28, 15.02 and 15.16, Adding Section 15.60.030, and Adding a New Chapter 15.90 to the Newport Beach Municipal Code, Relating to On -Street Parking Impacts Due to Construction Activities, and pass to second reading on March 12, 2019. 15-1 Introduction of an Ordinance Amending the Newport Beach Municipal Code Relating to On -street Parking Impacts Due to Construction Activities and the Overall Time a Construction Project May Take February 26, 2019 Page 2 FUNDING REQUIREMENTS: There is no direct fiscal impact related to the adoption of the ordinance. If the City Council decides to expand parking enforcement, there will be a cost and revenue offset. DISCUSSION: Since the end of the last economic recession, the City has experienced an increase in construction activity. The level of housing demand and high property values in Newport Beach have incentivized investors and homeowners to demolish older homes and construct new homes. The relatively high volume of construction activity has impacted street parking in some residential neighborhoods. This is due to contractors' vehicles and material delivery vehicles competing with residents for limited street parking. In some cases, the alleys are used for staging or material deliveries limiting the residents' access to their homes. City Council directed staff to study construction -related parking issues, work with the community and craft code changes that would help alleviate the parking impacts. Meetings with Local Builders City staff met with several local contractors and developers (builders) to discuss an effective approach for limiting the construction parking impact on residents. Most builders attributed the parking impacts to a good economy, suggesting that the impact will be reduced as the economy slows down. Builders did not support the idea of additional enforcement and stated they would prefer to improve their cooperative approach with residents. Builders also noted that they are under pressure from their respective clients to finish their projects in an expeditious manner, and additional construction constraints could potentially delay projects and prolong construction timelines. Builders supported restricting construction on Saturday stating that this day is typically less productive and less cost effective (due to overtime requirements) than a regular weekday. Public Outreach and Feedback from Residents City staff conducted public outreach meetings with the residents, seeking feedback on the construction -related parking impacts. Staff met with Balboa Peninsula Point Association members on October 11, 2018, Corona del Mar residents on October 17, 2018, and Lido Isle Homeowners Association members on November 14, 2018. Some common themes staff heard from the residents were: 1. Lack of parking enforcement and the need to increase it; 2. Lack of notification and communication from builders; 3. Builders having no consideration for the neighbors; 4. Blocked alleys or driveways and parking in the red zone; 5. Lack of noise control; 15-2 Introduction of an Ordinance Amending the Newport Beach Municipal Code Relating to On -street Parking Impacts Due to Construction Activities and the Overall Time a Construction Project May Take February 26, 2019 Page 3 6. Concern for delaying projects further; and 7. Suggestions to implement a parking permit program for builders. Staff reviewed the concept of a parking permit program for builders and determined it to be logistically challenging to keep track of the issuance of approximately 10,000 annual parking permits. An additional challenge would include obtaining California Coastal Commission approval for the parking permit program. Municipal Code Changes to Improve Residential Street Parking After listening to both the residents and the builders, staff believes the following proposed code changes will help reduce parking impacts on residential streets: 1. Restrict loud noise construction activity on Saturdays between Memorial Day and Labor Day; 2. Require a temporary project information sign on jobsite fences; 3. Require the submittal of a parking management plan; and 4. Limiting the length of time, a construction project may take. Construction Restriction on Saturdays Staff proposes to amend the NBMC 10.28.040 to restrict construction activity that produces loud noise on Saturdays during the calendar year commencing with Saturday that precedes Memorial Day and continuing to and including the Saturday that proceeds Labor Day. For 2019 this will be between Saturday, May 25 and Saturday, August 31. The purpose of this amendment is to limit construction activity during the peak visitor season when residential streets are impacted the most. Information Signage Currently, the NBMC 15.60.020 requires fencing for construction projects that are considered new development or substantial in nature. This is required for security and safety reasons. Staff proposes that, if a construction project is required to have a fence, then the fence must also have an information sign, NBMC 15.60.030, that identifies the primary contact, general contractor name, permit number and City contact information. The purpose of the sign is for the community to easily contact someone responsible for the project or the City should the need arise. Construction Parking Management Plan To help address the residents' concerns of multiple construction projects being constructed in the same block magnifying the parking impacts, staff proposes to require the builder to develop and submit a construction parking management plan (CPMP) NBCM 15.90.030 for review prior to building permit issuance for all new residential construction. 15-3 Introduction of an Ordinance Amending the Newport Beach Municipal Code Relating to On -street Parking Impacts Due to Construction Activities and the Overall Time a Construction Project May Take February 26, 2019 Page 4 Projects that are considered remodels will not be required to develop a CPMP. The CPMP would require the builder to identify additional off-site parking locations, delivery schedules, number of vehicles assigned to the project site, as well as other conditions that may be added. The CPMP would be reviewed and approved by the Community Development Director or designee. To assist builders, staff developed a parking management plan template (Attachment C). Decisions of the Community Development Director may be appealed or called for review by the Planning Commission. The CPMP will only go into effect when the Community Development Director determines that potential parking conflicts and impacts may occur. If it is determined that a conflict may occur, then notice will be given to the property owner to implement the CPMP. Failure of the property owner to implement the CPMP may result in a written notice of noncompliance (Notice). If the property owner does not comply with the Notice, then an administrative citation (including a fine) may be issued. Limiting the Length of Time for Construction Currently, the municipal code does not address the maximum time frame a construction project may take. Staff proposes NBMC Section 15.02.095 to limit the length of time a construction project may take to a maximum of five years. The new section addresses some of the extreme cases of construction projects that seem to continue on indefinitely. The Chief Building Official will have the option to extend the length of time for special circumstances. These special circumstances may involve large commercial or residential projects that are developed in phases or are complex in nature. Parking Enforcement — Pilot Program As a result of feedback from the community, staff initiated a three-week pilot program on increased parking enforcement to measure the need for additional parking enforcement. Enforcement increased in the areas of Corona del Mar, Balboa Island, Lido Isle, Balboa Peninsula, and West Newport. The beginning of the pilot program resulted in an increase of parking violations. The number of parking citations decreased as more people were educated on the parking codes and the nature of the violation. Overall, during the three- week program there were 529 parking citations issued along with 222 warnings to residents and contractors. If the City Council would like to increase parking enforcement, then staff would suggest adding one additional full-time employee through the City's parking enforcement vendor AmeriPark during the peak summer season. The duties of that individual would be to rotate to different areas throughout the City and enforce parking throughout residential streets. It is anticipated the additional cost will largely be offset by increased citation revenue. 15-4 Introduction of an Ordinance Amending the Newport Beach Municipal Code Relating to On -street Parking Impacts Due to Construction Activities and the Overall Time a Construction Project May Take February 26, 2019 Page 5 Time to Implement the Ordinance Staff is requesting the ordinance take effect 60 days after final passage to allow the development community time to possibly modify their contracts between general contractor and property owner due to the limitation of Saturday construction. Additionally, the implementation time gives City staff an opportunity to educate 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). ATTACHMENTS: Attachment A — Ordinance No. 2019-7 Attachment B — Ordinance (Redline) Attachment C — Parking Management Plan Template 15-5 Attachment A Ordinance No. 2019-7 15-6 ORDINANCE NO. 2019-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY NEWPORT BEACH, CALIFORNIA, AMENDING PORTIONS OF CHAPTERS 10.28,15.02 AND 15.16, ADDING SECTION 15.60.030, AND ADDING A NEW CHAPTER 15.90 TO THE NEWPORT BEACH MUNICIPAL CODE, RELATING TO ON - STREET PARKING IMPACTS DUE TO CONSTRUCTION ACTIVITIES WHEREAS, Section 200 of the City of Newport Beach's ("City") Charter 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 its regular meeting held on January 23, 2018, the City Council requested that staff consider revisions to the Newport Beach Municipal Code to address parking impacts on residential streets during the pendency of new construction and substantial remodels ("new construction") within residential districts; WHEREAS, at its regular meeting held on April 24, 2018, the City Council held a study session to discuss on -street parking impacts due to construction on residential streets and suggested certain methods by which to reduce said impacts; WHEREAS, the City Council finds and declares that new construction in close proximity to other new construction has an impact upon the public health, safety and welfare by interfering with pedestrian and traffic flow and impacting limited on -street parking; WHEREAS, it is the purpose of this ordinance to respond to the direction of the City Council by updating the Newport Beach Municipal Code to include certain requirements related to the potential parking impacts occasioned by new construction within residential districts requiring applicants for permits for new construction to prepare and obtain approval of a construction parking management plan prior to the issuance of a construction -related permit; and WHEREAS, it is the desire of the City Council to exempt projects consisting of limited rehabilitation or renovation (i.e., remodeling) of an existing dwelling unit from the requirement to prepare a construction parking management plan as a condition precedent to the issuance of a construction -related permit because such projects are smaller in size and, therefore, the potential parking conflicts and impacts occasioned by such projects are smaller and of shorter duration when compared to new construction. 15-7 Ordinance No. 2019 - Page 2 of 15 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. Weekdays. 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. B. 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 Saturday during the calendar year commencing with the Saturday that precedes Memorial Day (which is the last Monday of May each year) and continuing to and including the Saturday that precedes Labor Day (which is the first Monday in September each year). On any other Saturday during the balance of the year, 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, except between the hours of eight a.m. and six p.m. C. 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. D. 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. E. Exceptions. 1. The provisions of this section shall not apply to emergency construction work performed, or caused to be performed, by a property owner when authorized by the Community Development Director or his or her designee. 15-8 Ordinance No. 2019 - Page 3 of 15 2. The 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. 3. The provisions of this section shall not apply to construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity on multifamily residential projects of three or more dwelling units on Saturdays when authorized by the Community Development Director or his or her designee. F. Penalties. 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 of this Code. 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; Section 3: The title and table of contents for Chapter 15.02 of Title 15 of the Newport Beach Municipal Code is hereby amended to read as follows: Chapter 15.02 ADMINISTRATIVE CODE* Sections: 15.02.010 Adoption of the Administrative Code. 15.02.020 Amendment to Section 101.1. 15-9 Ordinance No. 2019 - Page 4 of 15 15.02.030 Amendment to Section 101.4.3. 15.02.040 Amendment to Section 101.4.4. 15.02.050 Amendment to Section 102.6. 15.02.060 Added to Section 102.7. 15.02.070 Amendment to Section 103.1. 15.02.080 Amendment to Section 105.2. 15.02.090 Amendment to Section 105.3.2. 15.02.095 Added to Section 105.3. 15.02.100 Amendment to Section 105.5. 15.02.110 Amendment to Section 109.4. * Prior ordinance history: Ords. 90-8, 92-15, 93-19, 95-38, 97-7, 97-31, 99-14, 2001- 22, 2004-2, 2005-5, 2006-11, 2007-19, 2010-23, 2011-5 and 2013-24 Section 4: A new Section 15.02.095 is hereby added to Chapter 15.02 of Title 15 of the Newport Beach Municipal Code to read as follows: 15.02.095 Added to Section 105.3. Section 105.3.3 is added to read as follows: Section 105.3.3 Time limit on permitted construction. The maximum allowable time limit for the construction, reconstruction, rehabilitation, renovation, or alteration of a building or structure shall be limited to a maximum of five (5) years beginning from: (1) the date of issuance of the first or original permit that is first issued after the effective date of this ordinance; or (2) the effective date of this ordinance for any existing permit. Exception: The Chief Building Official is authorized to extend the time limit up to an additional 180 days based on evidence submitted that special circumstances exist to warrant an extension of time. The extension may be granted more than once. Section 5: 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: 15-10 Ordinance No. 2019 - Page 5 of 15 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 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. Section 6: Subsection 15.16.340(A) of Chapter 15.16 of Title 15 of the Newport Beach Municipal Code is hereby amended to read in full as follows: A. No temporary sign, other than a temporary project information sign, shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed twenty-four (24) square feet in area, or six feet in height. Temporary project information signs shall be 2 feet in height by 3 feet in length. Section 7: 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 signs considered as temporary project information signs subject to section 15.60.030. Section 8: 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: 15.60.030 Temporary Project Information Sign When a property is required to be fenced subject to 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 2 feet in height by 3 feet in length with the following information printed legibly in 72 -point font: a) Permit Number; b) Site Address; c) General Contractor's Name; d) General Contractor's License Number; 15-11 Ordinance No. 2019 - Page 6 of 15 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. PROJECT INFORMATION ADDRESS: CONTACT: PHONE #: CONTRACTOR: LICENSE #: PERMIT No: EMAIL: CODE ENFORCEMENT: 644-3215 1 PARKING ENFORCEMENT: 644-3717 1 BUILDING INSPECTION 644-3200 CDD@newportbeachca.gov Section 9: The table of contents for Title 15 of the Newport Beach Municipal Code is hereby amended to read in full as follows: Title 15 BUILDINGS AND CONSTRUCTION* Chapters: 15.02 Administrative Code 15.03 International Property Maintenance Code 15.04 Building Code 15-12 Ordinance No. 2019 - Page 7 of 15 15.05 Residential Code 15.06 Electrical Code 15.07 Mechanical Code 15.08 Plumbing Code 15.09 Reserved 15.10 Excavation and Grading Code 15.11 Green Building Standards Code 15.12 Post -Disaster Safety Assessment Placards and Standard for Repair of Damaged Structures 15.13 Historical Building Code 15.14 Existing Building Code 15.15 Report of Residential Building Records 15.16 Sign Code 15.17 Energy Code 15.18 Solar Systems 15.19 Electric Vehicle Charging Stations 15.20 House Moving 15.28 Abatement of Substandard Buildings 15.32 Underground Utilities 15.37 Approval in Concept Permit 15.38 Fair Share Traffic Contribution Ordinance 15.40 Traffic Phasing Ordinance 15.42 Major Thoroughfare and Bridge Fee Program 15.45 Development Agreements 15.50 Floodplain Management 15.55 Methane Overlay Zone 15-13 Ordinance No. 2019 - Page 8 of 15 15.60 Construction Site Fencing and Screening 15.65 Santa Ana Heights Redevelopment * Application for sewer connections—See Chapter 14.24. 15.75 Standard Specifications for Public Works Construction 15.80 Building and Fire Board of Appeals 15.90 Construction Parking Management in Residential Districts. Section 10: A new Chapter 15.90 is hereby added to Title 15 of the Newport Beach Municipal Code to read in full as follows: Chapter 15.90 CONSTRUCTION PARKING MANAGEMENT IN RESIDENTIAL DISTRICTS Sections: 15.90.010 Purpose. 15.90.020 Definitions. 15.90.030 Construction Parking Management Plan. 15.90.040 Rights of Appeal or Calls for Review. 15.90.050 Noncompliance; Violation. 15.90.010 Purpose. The purpose and intent of this chapter is to protect the public health, safety and welfare through the regulation of new construction activities that are located in close proximity to each other and to: A. Provide for pedestrian and driving safety and convenience; B. Ensure access and maneuverability for construction -related vehicles; C. Increase public safety by reducing congestion on public rights-of-way during the pendency of a construction project and to minimize, to the extent feasible, impacts upon public street parking available for residents and guests; 15-14 Ordinance No. 2019 - Page 9 of 15 D. Provide for the general welfare and convenience of persons living in close proximity to a construction project site by ensuring, to the extent feasible, that sufficient parking will be available to meet the needs generated by construction -related activities associated with a construction project and the needs of persons residing in close proximity to a construction project site; E. Prevent unreasonable interference during the pendency of a construction project with the flow of pedestrian or vehicle traffic, including ingress to or egress from any dwelling unit or place of business, or from the public right-of-way to the sidewalk, by persons exiting or entering parked or standing vehicles; F. Maintain and protect the value of properties located in close proximity to construction project sites; G. Reduce exposure of the City to personal injury and/or property damage, claims and litigation; and H. Ensure the public health, safety and welfare. 15.90.020 Definitions. For purposes of this chapter, the following definitions shall apply: Construction Project. "Construction project" means all construction -related activities associated in any way with new construction. Construction project site. "Construction project site" means the location of new construction. New construction. "New construction" means: (1) a dwelling unit that is being built, made or erected, or (2) an existing dwelling unit to which additional building square footage or floor area is being added, where the valuation of the permit is equal to or exceeds 50 percent of the market value of the existing dwelling unit, or (3) an existing dwelling unit that is being reconstructed, rehabilitated or renovated where no building square footage or floor area is being added but where the valuation of the permit for the reconstruction, rehabilitation or renovation is equal to or exceeds 50 percent of the current market value of the existing dwelling unit. Dwelling Unit. "Dwelling unit" means and includes a "dwelling unit", a "dwelling, single - unit (land use)", a "dwelling, two -unit (land use)", a "dwelling, multi -unit (land use)", and a "dwelling unit, accessory (land use)", all as defined in Chapter 20.70. 15-15 Ordinance No. 2019 - Page 10 of 15 Permit. "Permit" means a building permit, grading permit or other construction -related permit for new construction. Public Right -of -Way. "Public right-of-way" means any public streets, highways, roadways, or alleys, used or intended for use by vehicles, located within the City. 15.90.030 Construction Parking Management Plan. A. Construction Parking Management Plan Required. Approval of a Construction Management Plan in accordance with this chapter shall be required prior to the issuance of a Permit. B. Application. Each application for a Permit shall be accompanied by a written construction parking management plan that addresses potential parking conflicts and impacts occasioned by a construction project. A construction parking management plan shall be filed with the Community Development Department and shall contain such information and strategies as may be required by the Community Development Director, or his or her designee, including, but not limited to, the following: 1. The name, address and telephone number of the record owner of the construction project site; 2. The name, address and telephone number of the general contractor, if any, or the person(s) who will be responsible for or in charge of the construction project and the persons working at the construction project site; 3. A description of all parking locations (including loading areas) available to or to be made available to persons who will be working at the construction project site or providing materials, supplies and equipment to the construction project site, as well as maps showing the locations of such parking; 4. The delivery schedules for materials and equipment to be delivered to the construction project site; 5. The location(s) of parking, including off-site parking locations, to be secured and provided for use by contractors, subcontractors, and all persons who will be working at the construction project site or providing materials, supplies and equipment to the construction project site; 6. Whether and to what extent the number of vehicles at the construction project site will be limited and what measures will be taken to limit the number at any given time during hours or days of work is performed at the construction project; and 15-16 Ordinance No. 2019 - Page 11 of 15 7. Other appropriate measures or strategies needed to reduce parking conflicts and impacts of the construction project. C. Issuance and Denial. If the Community Development Director finds that the construction parking management plan sufficiently limits impacts to the public associated with the construction project, the Community Development Director shall approve or conditionally approve the construction parking management plan. If the construction parking management plan is denied, the applicant shall be notified in writing of the specific cause of such denial by the Community Development Director and the right to appeal in accordance with Section 15.90.050 of this chapter. D. Conditions of Approval. 1. In addition to the requirements set out in this chapter, the Community Development Director may impose conditions of approval relating to the use of the public right-of-way, the regulation of traffic, the time and place for loading and unloading of materials, supplies and equipment, parking, security and other matters deemed by the Community Development Director to be necessary for the protection of persons, property, public health, safety and general welfare. 2. If the general contractor (if any) or any of the person(s) responsible for or in charge of the construction project are changed during the construction project and prior to completion of the construction project, the record owner shall submit a letter of notification to the Community Development Director verifying the change and providing the same information as was required for the original general contractor or other responsible persons with certification from the new general contractor (if any) or the person(s) responsible for or in charge of the project that he, she or they has/have received, read and reviewed the construction parking management plan. 15-17 Ordinance No. 2019 - Page 12 of 15 E. Notification of Implementation of Construction Parking Management Plan. Implementation and compliance with an approved construction parking management plan by a record owner of a construction project site depends upon whether construction of one or more other new residential structures is located within 200 feet of each other and construction activitieswill exist or occur at or about the same time, causing potential parking conflicts and impacts to occur between both or the several projects. Under such circumstances and where the Community Development Director determines that potential parking conflicts and impacts may occur, the Community Development Director may deliver written notice to all record owners of such construction project sites, identifying the location of all construction project sites and specifying a date by which each record owner must commence implementation of, and compliance with, his or her respective construction parking management plan. Until the record owner of a construction project site receives such notice, said record owner need not implement his or her approved construction parking management plan. 15.90.040 Rights of Appeal or Calls for Review. A. Authorization. 1. The decision of the Community Development Director may be appealed or called for review to the Planning Commission. A member of the Planning Commission, acting in their official capacity, may call for review to the Planning Commission the decision of the Community Development Director. 2. The decision of the Planning Commission may be appealed to the City Council. A member of the City Council, acting in their official capacity, may call for review to the City Council the decision of the Planning Commission. 3. A call for review initiated by a member of the Planning Commission or City Council, in their official capacity, shall be for the purpose of bringing the matter in front of the entire body for review. B. Time Limits. Appeals or calls for review shall be initiated within fourteen (14) days following the date the action or decision was rendered. C. Filing of Appeals and Calls for Review. Appeals or calls for review of decisions of the Community Development Director shall be made in writing to the Community Development Department on forms provided by the Community Development Department. Appeals or calls for review of decisions of the Planning Commission shall be made in writing to the City Clerk on forms provided by the City Clerk. The appeal shall state the facts and basis for the appeal. 15-18 Ordinance No. 2019 - Page 13 of 15 D. Fee. Appeals shall be accompanied by a fee as established by resolution of the City Council. A call for review is exempt from the payment of a filing fee under Section 3.36.030, or any successor provision. E. Effect on Decisions. Decisions that are appealed or called for review shall not become effective until the appeal or review is resolved. F. Hearing Date. An appeal or call for review shall be scheduled for a hearing before the appellate (or reviewing) body within thirty (30) days of the filing of the appeal or call for review. The City Clerk shall give notice to the appellant of the time, date and place for hearing not less than ten (10) days prior to the date of the hearing by serving it personally or by depositing it in the mail for delivery by the United States Postal Service in a sealed envelope, postage prepaid, addressed to the appellant at his or her last known address, as the same appears in the public records of the City. G. Notice and Public Hearing. An appeal or call for review hearing shall be a public hearing. In addition to the notice given to the appellant described in subparagraph (F), above, notice of a public hearing shall be given and the hearing shall be conducted in the manner required under Chapter 20.62 (Public Hearings). H. Judicial Review of City Decision. A person shall not seek judicial review of a City decision on any matter until all appeals or calls for review, if applicable, to the Planning Commission and City Council have been first exhausted in compliance with this chapter. 15.90.050 Noncompliance; Violation. A. Notification of Noncompliance. In addition to any other remedy or means of enforcement authorized by law or this Code, if the Community Development Director finds that the record owner of the construction project site or his or her contractors, subcontractors, employees, agents or representatives engaged in the construction project, or any portion thereof, fails, neglects or refuses to fulfill the provisions of his or her approved construction parking management plan or its conditions of approval, or construction work is not being done in conformance with the construction parking management plan or its conditions of approval, the Community Development Director may deliver to the record owner of the construction project site a notice of noncompliance in accordance with Section 1.05.030 (Service Procedures), which shall identify the provisions of the construction parking management plan or conditions of approval which have been violated and shall state a compliance date that must be met by the record owner. 15-19 Ordinance No. 2019 - Page 14 of 15 B. Violation Subject to Administrative Citation. If the record owner of a construction project site has not complied with a notice of noncompliance within the time specified and/or the Community Development Director determines that the record owner of the construction project site or his or her contractors, subcontractors, employees, agents or representatives is/are in violation of, or fail to comply with, the requirements of this chapter or the provisions of the construction parking management plan, an enforcement officer may issue an administrative citation in accordance with Chapter 1.05 of the Code to the record owner of the subject site. Section 11: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 12: 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 13: 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 14: 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 15: 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. 15-20 Ordinance No. 2019 - Page 15 of 15 Section 16: Effective Date. This ordinance shall take effect and be in full force upon that date which is sixty (60) days from and after its final passage. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of February, 2019, and adopted on the 12th day of March, 2019, by the following vote, to-wit.- o-wit: AYES- AYES: NAYS: NAYS: ABSENT: DIANE B. DIXON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE -,A c4, C_ a ez---- AARON C. HARP, CITY ATTORNEY 15-21 Attachment B Ordinance No. 2019-7 - Redline 15-22 Section 10.28.040 Construction Activity—Noise Regulations. 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.eer OR env Saturday eXGept betweeR the hours of eight a.m. and civ n m B. 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, Saturday during the calendar year commencing with the Saturday that precedes Memorial Day (which is the last Monday of May each year) and continuing to and including the Saturday that precedes Labor Day (which is the first Monday in September each year). On any other Saturday during the balance of the year, 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, except between the hours of eight a.m. and six p.m. B -.C. 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. �D. 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 -.E. Exceptions. 1. The provisions of this section shall not apply to emergency construction work performed, or caused to be performed, by a private partyg perty owner when authorized by the Community Development Director or his or her designee. 2. The 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 15-23 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. 3. The provisions of this section shall not apply to construction, remodeling, digging, grading, demolition, painting, plastering or any other related building activity on multifamily residential projects of three or more dwelling units on Saturdays when authorized by the Community Development Director or his or her designee. E—.F. Penalties. 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 of this Code. Section 10.28.045(E)(1) E. Exceptions. The provisions of this section shall not apply to the following: 1. Emergency property maintenance authorized by the Building DireGterCommunity Development Director, or his or her designee; Chapter 15.02 Chapter 15.02 ADMINISTRATIVE CODE* Sections: 15.02.010 Adoption of the Administrative Code. 15.02.020 Amendment to Section 101.1. 15.02.030 Amendment to Section 101.4.3. 15.02.040 Amendment to Section 101.4.4. 15.02.050 Amendment to Section 102.6. 15-24 15.02.060 Added to Section 102.7. 15.02.070 Amendment to Section 103.1. 15.02.080 Amendment to Section 105.2. 15.02.090 Amendment to Section 105.3.2. 15.02.095 Added to Section 105.3. 15.02.100 Amendment to Section 105.5. 15.02.110 Amendment to Section 109.4. 15.02.095 Added to Section 105.3. Section 105.3.3 is added to read as follows: Section 105.3.3 Time limit on permitted construction. The maximum allowable time limit for the construction, reconstruction, rehabilitation, renovation, or alteration of a building or structure shall be limited to a maximum of five (5) years beginning from: (1) forany new permit issued after the effective date of this ordinance; or (2) the effective date of this ordinance for any existing permit. Exception: The Chief Building Official is authorized to extend the time limit up to an additional 180 days based on evidence submitted that special circumstances exist to warrant an extension of time. The extension maygranted more than once. Section 15.16.010 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 for the duration of the construction of a new structure or addition and reconstruction. rehabilitation or renovation of an existina structure in accordance with the reauirements of Section 15.60.030. Section 15.16.340(A) A. Size. No temporary sign, other than a temporary prosect information sign, shall exceed one hundred (100) square feet in area. Temporary signs of rigid material shall not exceed twenty-four (24) square feet in area, or six feet in height. Temporary project information signs shall be 2 feet in height by 3 feet in length. Section 15.16.340(C) 15-25 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 signs considered as temporary project information signs subject to section 15.60.030. Chapter 15.60 Chapter 15.60 CONSTRUCTION SITE FENCING AND SCREENING Sections: 15.60.010 Construction Site Fencing Purpose. 15.60.020 Construction Site Fencing Required. 15.60.030 Temporary Project Information Sign. 15.60.030 Temporary Project Information Sign When a property is required to be fenced subject to 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 2 feet in height by 3 feet in length with the following information printed legibly in 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 with the following; however, the Community Development Director, or his or her designee, may require inclusion of additional information. 15-26 PROJECT INFORMATION ADDRESS: CONTACT: PHONE #: CONTRACTOR: LICENSE #: PERMIT No: EMAIL: CODE ENFORCEMENT: 644-3215 1 PARKING ENFORCEMENT: 644-3717 1 BUILDING INSPECTION 644-3200 CDD@newportbeachca.gov Title 15 Title 15 BUILDINGS AND CONSTRUCTION* Chapters: 15.02 Administrative Code 15.03 International Property Maintenance Code 15.04 Building Code 15.05 Residential Code 15.06 Electrical Code 15.07 Mechanical Code 15.08 Plumbing Code 15.09 Reserved 15.10 Excavation and Grading Code 15.11 Green Building Standards Code 15-27 15.12 Post -Disaster Safety Assessment Placards and Standard for Repair of Damaged Structures 15.13 Historical Building Code 15.14 Existing Building Code 15.15 Report of Residential Building Records 15.16 Sign Code 15.17 Energy Code 15.18 Solar Systems 15.19 Electric Vehicle Charging Stations 15.20 House Moving 15.28 Abatement of Substandard Buildings 15.32 Underground Utilities 15.37 Approval in Concept Permit 15.38 Fair Share Traffic Contribution Ordinance 15.40 Traffic Phasing Ordinance 15.42 Major Thoroughfare and Bridge Fee Program 15.45 Development Agreements 15.50 Floodplain Management 15.55 Methane Overlay Zone 15.60 Construction Site Fencing and Screening 15.65 Santa Ana Heights Redevelopment * Application for sewer connections—See Chapter 14.24. 15.75 Standard Specifications for Public Works Construction 15.80 Building and Fire Board of Appeals 15-28 15.90 Construction -related Parking Management in Residential Districts. Chapter 15.90 CONSTRUCTION PARKING MANAGEMENT IN RESIDENTIAL DISTRICTS Sections: 15.90.010 Purpose. 15.90.020 Definitions. 15.90.30 Construction Parking Management Plan. 15.90.040 Rights of Appeal or Calls for Review. 15.90.050 Noncompliance: Violation. 15.90.010 Purpose. The purpose and intent of this chapter is to protect the public health, safety and welfare through the regulation of new construction activities that are located in close proximity to each other and to: A. Provide for pedestrian and driving safety and convenience; B. Ensure access and maneuverabilitv for construction -related vehicles: C. Increase public safety by reducing congestion on public rights-of-way during the pendency of a construction project and to minimize, to the extent feasible, impacts upon public street parking available for residents and guests; D. Provide for the general welfare and convenience of persons living in close proximity to a construction project site by ensuring, to the extent feasible, that sufficient parking will be available to meet the needs generated by construction -related activities associated with a construction prosect and the needs of persons residing in close proximity to a construction protect site; E. Prevent unreasonable interference during the pendency of a construction prosect with the flow of pedestrian or vehicle traffic, including ingress to or egress from any dwelling unit or place of business, or from the public right-of-way to the sidewalk, by persons exiting or entering parked or standing vehicles; 15-29 F. Maintain and protect the value of properties located in close proximity to construction project sites; G. Reduce exposure of the City to personal injury and/or property damage, claims and litigation; and H. Ensure the public health, safety and welfare. 15.90.020 Definitions. For purposes of this chapter, the following definitions shall apply Construction Project. "Construction project" means all construction -related activities associated in anv wav with new construction. Construction project site. "Construction project site" means the location of new construction. New construction. "New construction" means: (1) a dwelling unit that is being built, made or erected, or (2) an existing dwelling unit to which additional building square footage or floor area is being added, where the valuation of the permit is equal to or exceeds 50 percent of the market value of the existing dwelling unit, or (3) an existing dwelling unit that is being reconstructed, rehabilitated or renovated where no building square footage or floor area is being added but where the valuation of the permit for the reconstruction, rehabilitation or renovation is equal to or exceeds 50 percent of the current market value of the existing dwelling unit. Dwelling Unit. "Dwelling unit" means and includes a "dwelling unit", a "dwelling, single - unit (land use)", a "dwelling, two -unit (land use)", a "dwelling, multi -unit (land use)", and a "dwelling unit, accessory (land use)", all as defined in Chapter 20.70. Permit. "Permit" means a building permit, grading permit or other construction -related permit for new construction. Public Right -of -Way. "Public right-of-way" means any public streets, highways, roadways, or alleys, used or intended for use by vehicles, located within the City. 15.90.030 Construction Parking Management Plan. A. Construction Parking Management Plan Required. Approval of a Construction Management Plan in accordance with this chapter shall be required prior to the issuance of a Permit_ 15-30 B. Application. Each application for a Permit shall be accompanied by a written construction parking management plan that addresses potential parking conflicts and impacts occasioned by a construction project. A construction parking management plan shall be filed with the Community Development Department and shall contain such information and strategies as may be required by the Community Development Director, or his or her desianee. includina. but not limited to. the followina: The name, address and telephone number of the record owner of the construction project site; 2. The name, address and telephone number of the general contractor, if any, person(s) who will be responsible for or in charge of the construction project and the persons working at the construction project site; 3. A description of all parking locations (including loading areas) available to or to be made available to persons who will be working at the construction project site or providing materials, supplies and equipment to the construction project site, as well as maps showing the locations of such parking; 4. The delivery schedules for materials and equipment to be delivered to the construction project site; 5. The location(s) of parkina. includina off-site aarkina locations. to be secured and provided for use by contractors, subcontractors, and all persons who will be working at the construction project site or providing materials, supplies and equipment to the construction protect site; 6. Whether and to what extent the number of vehicles at the construction project site will be limited and what measures will be taken to limit the number at any given time during hours or days of work is performed at the construction prosect; and 7. Other appropriate measures or strategies needed to reduce parking conflicts and impacts of the construction protect. C. Issuance and Denial. If the Community Development Director finds that the construction parking management plan sufficiently limits impacts to the public associated with the construction project, the Community Development Director shall approve or conditionally approve the construction parking manaqement plan. If the construction parking management plan is denied, the applicant shall be notified in writing of the specific cause of such denial by the Community Development Director and the right to appeal in accordance with Section 15.90.050 of this chapter. 15-31 D. Conditions of Approval. 1. In addition to the requirements set out in this chapter, the Community Development Director may impose conditions of approval relating to the use of the public right-of-way, the regulation of traffic, the time and place for loading and unloading of materials, supplies and equipment, parking, security and other matters deemed by the Community Development Director to be necessary for the protection of persons, property, public health, safetygeneral welfare. 2. If the general contractor (if any) or any of the person(s) responsible for or in charge of the construction project are changed during the construction project and prior to completion of the construction project, the record owner shall submit a letter of notification to the Community Development Director verifying the change and providing the same information as was required for the original general contractor or other responsible persons with certification from the new general contractor (if any) or the person(s) responsible for or in charge of the project that he, she or they has/have received, read and reviewed the construction oarkina manaaement plan. Notification of Implementation of Construction Parkina Manaaement Plan. Implementation and compliance with an approved construction parking management plan by a record owner of a construction project site depends upon whether construction of one or more other new residential structures is located within 200 feet of each other and construction activities will exist or occur at or about the same time, causing potential parking conflicts and impacts to occur between both or the several projects. Under such circumstances and where the Community Development Director determines that potential parking conflicts and impacts may occur, the Community Development Director may deliver written notice to all record owners of such construction project sites, identifying the location of all construction project sites and specifying a date by which each record owner must commence implementation of, and compliance with, his or her respective construction parking management plan. Until the record owner of a construction project site receives such notice, said record owner need not implement his or her approved construction parking management plan. 15.90.040 Rights of Appeal or Calls for Review. A. Authorization. 1. The decision of the Community Development Director may be appealed or called for review to the Planning Commission. A member of the Planning 15-32 Commission, acting in their official capacity, may call for review to the Planning Commission the decision of the Communitv Development Director. 2. The decision of the Planning Commission may be appealed to the City Council. A member of the City Council, acting in their official capacity, may call for review to the Citv Council the decision of the Plannina Commission. 3. A call for review initiated by a member of the Plannina Commission or C Council, in their official capacity, shall be for the purpose of bringing the matter in front of the entire bodv for review. B. Time Limits. Appeals or calls for review shall be initiated within fourteen (14) days followinq the date the action or decision was rendered. C. Filing of Appeals and Calls for Review. Appeals or calls for review of decisions of the Community Development Director shall be made in writing to the Community Development Department on forms provided by the Community Development Department. Appeals or calls for review of decisions of the Planning Commission shall be made in writina to the Citv Clerk on forms provided by the Citv Clerk. The appeal shall state the facts and basis for the appeal. D. Fee. Appeals shall be accompanied by a fee as established by resolution of the Citv Council. A call for review is exempt from the Davment of a filina fee under Section 3.36.030, or any successor provision. E. Effect on Decisions. Decisions that are appealed or called for review shall not become effective until the appeal or review is resolved. F. Hearing Date. An appeal or call for review shall be scheduled for a hearing before the appellate (or reviewing) body within thirty (30) days of the filing of the appeal or call for review. The City Clerk shall give notice to the appellant of the time, date and place for hearing not less than ten (10) days prior to the date of the hearing by serving it personally or by depositing it in the mail for delivery by the United States Postal Service in a sealed envelope, postage prepaid, addressed to the appellant at his or her last known address, as the same appears in the public records of the Citv. G. Notice and Public Hearing. An appeal or call for review hearing shall be a public hearing. In addition to the notice given to the appellant described in subparagraph 15-33 (F), above, notice of a public hearing shall be given and the hearing shall be conducted in the manner reauired under Chanter 20.62 (Public Hearinas). H. Judicial Review of Citv Decision. A person shall not seek iudicial review of a Ci decision on any matter until all appeals or calls for review, if applicable, to the Planning Commission and City Council have been first exhausted in compliance with this chapter. 15.90.050 Noncompliance; Violation. A. Notification of Noncompliance. In addition to any other remedy or means of enforcement authorized by law or this Code, if the Community Development Director finds that the record owner of the construction project site or his or her contractors, subcontractors, employees, agents or representatives engaged in the construction project, or any portion thereof, fails, neglects or refuses to fulfill the provisions of his or her approved construction parking management plan or its conditions of approval, or construction work is not being done in conformance with the construction parking management plan or its conditions of approval, the Community Development Director may deliver to the record owner of the construction project site a notice of noncompliance in accordance with Section 1.05.030 (Service Procedures), which shall identify provisions of the construction parking management plan or conditions of approval which have been violated and shall state a compliance date that must be met by the record owner_ B. Violation Subject to Administrative Citation. If the record owner of a construction project site has not complied with a notice of noncompliance within the time specified and/or the Community Development Director determines that the record owner of the construction project site or his or her contractors, subcontractors, employees, agents or representatives is/are in violation of, or fail to comply with, the requirements of this chapter or the provisions of the construction parking management plan, an enforcement officer may issue an administrative citation in accordance with Chapter 1.05 of the Code to the record owner of the subject site. 15-34 Attachment C Parking Management Plan Template 15-35 Parking Management Plan The intent of the parking management plan is to ensure that contractors are mindful of parking impacts on residents resulting from construction activity (construction crew parking, concrete trucks, lumber drops, equipment staging and material delivery). Contractors must consider all available options to minimize construction parking impacts on residential areas. Property Address: Property Owner: Property Owner Address: Contractor: Contractor Address: Contractor email: Please address the following items for the new construction: 1. What is the proposed date for starting the construction? Property Owner Phone #: Contractor Phone #: 2. Name(s) of the superintendent who is in charge of the construction site? 3. Provide a site plan or map to scale showing parking location including off-site parking and loading areas that can be made available for persons working on construction project or providing material delivery or supplies. 4. Provide delivery schedules for materials and equipment to the construction site and specify what is the method of noticing the adjoining neighbors. 5. Adjoining neighbors shall be noticed before deliveries. 6. Provide a limit on the number of vehicles at the construction site that will be at any given time during hours or days of work. 15-36 7. Explain method of transportation for individuals working directly with the general contractor or sub- contractor. 8. Identify carpooling program. 9. List off-site public parking location if any? How far from the subject construction site? 10. Specify a plan to park construction vehicles during street sweeping days, where parking is limited to only one side of the street. 11. Identify a construction staging area that is designated to receive construction material delivery during the construction phase? 12. Method of clearing streets from lumber delivery or like when the delivery occurs on the public street for space limitation. How fast will the material be moved on site and out of public street or alley? 13. How many vehicles will be assigned to park directly on the site driveway? 14. Specify how many cars will can be parked in front of the site without blocking adjoining driveways or access._ 15. How many cars are expected to park in the front yard? 16. Please specify the maximum number of trades expected to be on site at the same time. Show limit of trades on any given workday. 15-37 17. Where is heavy equipment expected to be on site for grading, shoring, excavation, delivery of material or where the use of crane is required, please clarify method of limiting residential parking impacts and traffic congestion on the street? Specify if the proposal included traffic control measures, flag man and for what period of time. Please read - Notification of Implementation of Construction Parking Management Plan. Implementation and compliance with an approved construction parking management plan by a record owner of a construction project site depends upon whether construction of one or more other new residential structures is located within 200 feet of each other and construction activities will exist or occur at or about the same time, causing potential parking conflicts and impacts to occur between both or the several projects. Under such circumstances and where the Community Development Director determines that potential parking conflicts and impacts may occur, the Community Development Director may deliver written notice to all record owners of such construction project sites, identifying the location of all construction project sites and specifying a date by which each record owner must commence implementation of, and compliance with, his or her respective construction parking management plan. Until the record owner of a construction project site receives such notice, said record owner need not implement his or her approved construction parking management plan. Property Owner Signature: _ Print Name Approved ❑ By: Appeal Process• Parking Management Plan Status: Position: Date: Denied ❑ The decision of the Community Development Director may be appealed to the Planning Commission. The appeal must be initiated in writing, with appropriate fees, within 14 days of the date of the action or decision that was rendered. The appeal must state the facts and basis of the appeal. Additional Conditions: 15-38