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Home My WebLink About05 - Construction Site Fencing & ScreeningMarch 17, 2000 Jay Elbettar, P.E., C.B.O. Director Building Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Dear Jay: City Council Meeting March 28, 2000 Agenda Item 11 5 fi,,1A� 2 G'ZGGG Thank you for sending the materials relating to the City Council's request to the Building Department to propose fencing and screening of construction sites. Because of my limited mobility, I am submitting my comments in writing to you in advance of the March 22, 2000 deadline. As one who has recently completed an extensive home remodel, I can testify firsthand to the sticker shock I am still experiencing from our project. There are a myriad of hidden and unexpected costs involved in any construction project. Additionally, the number of regulations to which a home or business remodel or new project must comply is staggering. A custom home constructed in Newport Beach in the year 2000 will take approximately a year or more to complete. The cost to a home owner of fencing and vinyl screen for a 60 ft. x 120 ft. for one year is approximately $2,000. That is $2,000 that home builders/remodelers might not expend on improvement to the physical structure. That means less value for the home/business owner and less taxable property value for the city of Newport Beach. Perhaps the City Council has been receiving complaints from residents of Newport Beach about the unsightliness of unfenced and unscreened construction sites. I would expect that it is a very small minority of residents that have complained about construction sites, although if put to a vote, I wouldn't be surprised if a majority of Newport Beach residents favor the proposed amendment. If home/business owners who are undergoing construction are worried about theft, they can certainly fence and screen their property voluntarily. Almost all home and business owners have insurance which will protect them from any liability in the event that children or others are injured when playing in or entering the construction site. 949-673-8474 2113 SEVILLE • BALBOA • CA 92661 • FAx 949 - 723-4818 ' E -MAIL: BYant @aol.com For the above reasons and the fact that no neighboring jurisdiction currently requires fencing and screening, I recommend that the proposed amendments to the City of Newport Beach Municipal Code not be adopted. Sincerely, i Bob Yant Board of Appeals member Hearing Date: March 14, 2000 Staff Person: Jay Elbettar (949) 644 -3282 Agenda Item li 8 REPORT TO THE MAYOR AND CITY COUNCIL COUIN"Ci1AGENDA N0.5 SUBJECT: Adopting Construction Site Fencing and Screening Requirements. While it is not required by the Newport Beach Municipal Code, approximately half of the construction sites are fenced voluntarily and mostly using chain link fence material. Contractors choose to fence their project mainly for security of the construction materials stored on site and to limit their liability arising from unrestricted access to the hazards of the project site. Occasionally, the chain link fence is overlaid with a dark vinyl screen, which screens the clutter from public view and enhances the security of construction materials stored on site. The vinyl screen also serves as the means of required erosion control during the rainy season instead of using sandbags for that purpose. The approximate cost of fencing a 60 ft. x 120 ft. lot for six months with chain link fence is $400. Overlaying the chain link fence with vinyl screen will cost an additional $630. The requirement to fence and screen construction sites is to safeguard public safety by limiting public access to the hazards of construction and to reduce the negative impact on the neighborhood by screening the clutter contained within. It also protects adjoining neighbors from construction activities and debris spilling onto their properties. An exception to this requirement will be granted where fencing on one or more side(s) is not feasible due to physical constraints or determined to be unnecessary due to the presence of equivalent barrier(s). For reference purposes the Building Department surveyed the following jurisdictions for fencing and screening requirements: Jurisdiction County of Orange Huntington Beach Costa Mesa Fountain Valley Irvine Laguna Beach Anaheim Santa Ana Fencing Required by Municipal Code No No (Did not respond) No No No No No Screening Required by Municipal Code No No No No No No No CITY OF NEWPORT BEACH BUILDING DEPARTMENT h 3300 NEWPORT BOULEVARD _ NEWPORT BEACH, CA 92658 (949) 644.3275; FAX (949) 644 -3250 Hearing Date: March 14, 2000 Staff Person: Jay Elbettar (949) 644 -3282 Agenda Item li 8 REPORT TO THE MAYOR AND CITY COUNCIL COUIN"Ci1AGENDA N0.5 SUBJECT: Adopting Construction Site Fencing and Screening Requirements. While it is not required by the Newport Beach Municipal Code, approximately half of the construction sites are fenced voluntarily and mostly using chain link fence material. Contractors choose to fence their project mainly for security of the construction materials stored on site and to limit their liability arising from unrestricted access to the hazards of the project site. Occasionally, the chain link fence is overlaid with a dark vinyl screen, which screens the clutter from public view and enhances the security of construction materials stored on site. The vinyl screen also serves as the means of required erosion control during the rainy season instead of using sandbags for that purpose. The approximate cost of fencing a 60 ft. x 120 ft. lot for six months with chain link fence is $400. Overlaying the chain link fence with vinyl screen will cost an additional $630. The requirement to fence and screen construction sites is to safeguard public safety by limiting public access to the hazards of construction and to reduce the negative impact on the neighborhood by screening the clutter contained within. It also protects adjoining neighbors from construction activities and debris spilling onto their properties. An exception to this requirement will be granted where fencing on one or more side(s) is not feasible due to physical constraints or determined to be unnecessary due to the presence of equivalent barrier(s). For reference purposes the Building Department surveyed the following jurisdictions for fencing and screening requirements: Jurisdiction County of Orange Huntington Beach Costa Mesa Fountain Valley Irvine Laguna Beach Anaheim Santa Ana Fencing Required by Municipal Code No No (Did not respond) No No No No No Screening Required by Municipal Code No No No No No No No Attached are photos of construction sites without fencing and sites with fencing and screening. Introduce Municipal Code Sections 15.60.070 and 15.60.080 requiring construction sites to be fenced and screened and pass to second reading on March 28, 2000. Respectfully submitted by: JAY ELBETT'AR Building Director YAttachment: Construction site photos Staff rpt comtr clean 2-00 I Yil�wy Y it. Jilt, :� f ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY OF NEWPORT BEACH TO ADD SECTIONS 15.60.070 (CONSTRUCTION SITE FENCING - PURPOSE), 15.60.080 (CONSTRUCTION SITE FENCING - REQUIRED) TO TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO CONSTRUCTION SITE FENCING. WHEREAS, the City of Newport Beach has high property values which it's residents expect the City to protect; and WHEREAS, a construction site is normally cluttered and unsightly; and WHEREAS, unrestricted access to a construction site constitutes a hazard to public safety; and WHEREAS, unfenced construction activities negatively affect adjoining properties; and WHEREAS fencing and screening of construction sites preserves the safety, comfort and welfare of the public. The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 15.60.070 (Construction Site Fencing - Purpose), Section 15.60.080 (Construction Site Fencing- Required) are added to Title 15 of the Newport Beach Municipal Code as follows: Chapter 15.60 CONSTRUCTION SITE CLEANUP AND FENCING Sections: 15.60.010 Site Cleanup Fee — Purpose 15.60.020 Amount of Deposit 1 15.60.030 Type of Deposit 15.60.040 Notice 15.60.050 Action by City 15.60.060 Refund of Deposit 15.60.078 Appeal to Gity Geuneil (Relocated to 15.60.090) 15.60.070 Construction Site Fencing Purpose 15.60.080 Construction Site Fencing- Required 15.60.090 Appeal to City Council 15.60.010 Site Cleanup Fee -- Purpose. Prior to the issuance of any building permit or grading permit, the Building Official shall require a site cleanup deposit to be deposited with the City Finance Director in a sum to be calculated as set forth in this chapter. This site cleanup deposit is intended to ensure the removal of construction and demolition debris from construction sites and public property adjoining the construction sites to ensure that the permittee installs and maintains erosion control and desilting basins as required by ordinance, and to ensure that inspections are requested at the appropriate time, thereby ensuring the health, safety and welfare of the citizens of the City of Newport Beach. 15.60.020 Amount of Deposit. The amount of the site cleanup deposit shall be determined either in accordance with the valuation of the proposed construction or in accordance with the extent of the grading to be undertaken prior to construction. The Building Official shall have the discretion to choose the site cleanup deposit from one, but not both, of the following schedules given due regard to the extent of the proposed grading and construction. 2 15.60.030 Type of Deposit. The applicant for a building permit or grading permit shall deposit cash or other instrument of deposit in a form satisfactory to the City Attorney in the amount required by the Building Official pursuant to the provisions of Section 15.60.020. 15.60.040 Notice. Written notice shall be given to the applicant/permittee when any of the following conditions exist: 3 Schedule A - Valuation Deposit $0.00 — $5,000.00 .............................. $ 100.00 5,001.00 — 10, 000. 00 .............................. 200.00 10,001.00 — 20, 000. 00 .............................. 300.00 20,001.00 — 50, 000. 00 .............................. 400.00 50,001.00 — 250, 000. 00 .............................. 1,000.00 250,001.00 — 500, 000. 00 .............................. 1,500.00 500,001.00 1,000,000.00 .............................. 3,000.00 1,000,001.00 — up .............................. 5,000.00 Schedule B -- Yardage (in cubic yards) .............................. Deposit $0.00 — $ 100.00 .............................. $ 300.00 101.00 — 500. 00 .............................. 700.00 501.00 — 1, 000. 00 .............................. 900.00 1,001.00 — 1, 500. 00 .............................. 1,100.00 1,501.00 — 2, 000. 00 .............................. 1,300.00 2,001.00 — 5, 000. 00 .............................. 2,000.00 5,001.00 — 10, 000. 00 .............................. 2,500.00 10,001.00 — 15, 000. 00 .............................. 3,000.00 15,001.00 — 20, 000. 00 .............................. 3,500.00 20,001.00 — 50, 000. 00 .............................. 5,000.00 50,001.00 — 100, 000.00 ........ ......................10,000.00 100,001.00 — up ........ ......................15,000.00 15.60.030 Type of Deposit. The applicant for a building permit or grading permit shall deposit cash or other instrument of deposit in a form satisfactory to the City Attorney in the amount required by the Building Official pursuant to the provisions of Section 15.60.020. 15.60.040 Notice. Written notice shall be given to the applicant/permittee when any of the following conditions exist: 3 1. When in the opinion of the Building Official or any buildin g inspector, {' there is an unnecessary or excessive accumulation of construction debris or material on or off site; 2. When, in the opinion of the Building Official or any building inspector, the applicant/permittee has failed to properly install and maintain erosion control devices such as desilting basins; 3. When, in the opinion of the Building Official or any building inspector, material or debris relating to the construction or grading constitutes a threat or danger to the health, safety or welfare of any person; or 4. When, in the opinion of the Building Official or any building inspector, construction or grading is in violation of any of the City of Newport Beach or is in violation of any ordinance of the City of Newport Beach or is in violation of any of the conditions imposed by the City at the time of the approval of the permit. Such written notice shall be deemed to have been given to the applicant/permittee when written notice is posted at the construction site. Such notice shall describe the action to be taken by the applicant/permittee and the period of time within which that action must be taken. 15.60.050 Action by City. In the event that the applicant/permittee fails to take action in accordance with the provisions of Section 15.60.040, the City of Newport Beach or its agents or employees at its option may enter the construction or grading site and take the action required of ,the contractor pursuant to the provisions of Section 15.60.040. The actual expense incurred by City as a result of taking this action shall be deducted from the cash deposit and paid over to the City, and the remainder, if any, returned to the applicant/permittee at such time as the final discretionary action is taken by the Building Official. In the event the cost of the action taken by the City 4 exceeds the amount of the deposit, work on the project shall be stopped until such time as an additional sum is placed in deposit by the applicant/permittee as provided in Section 15.60.010. 15.60.060 Refund of Deposit. At such time as the final approval of the project has been given by the Building Official, and in the event that all of the action has been taken by the applicant/permittee required of it pursuant to the provisions of this chapter and pursuant to the instructions of the Building Official, then the full amount of the deposit remaining shall be refunded to the applicant/permittee upon final approval of the structure by the Building Official. 15-60-07-0 Appeal to City Couneil (Relocated to 15.60.090) 15.60.070 Construction Site Fencing- Purpose. The purpose of requiring construction sites to be fenced is to protect adjacent properties from construction activities and debris and to safeguard Public safety b restricting_ public access to the construction site and to preserve the esthetics of the neighborhood and minimize construction nuisance by screening the clutter of construction, thereby ensuring the comfort, safety and welfare of the residents of the City of Newport Beach. 15.60.080 Construction Site Fencing - Required. Prior to starting_ grading. excavation, construction of a new structure or addition and remodel to an existing structure with a combined floor area exceeding 75% of the floor area of the proposed structure. the Building Director shall require the site to be temporarily fenced and screened on all sides for the duration of the construction project. The height of fence shall be between 72 and 84 inches and fence material shall be chain link metal fence overlaid on the exterior with an opaque vinyl screen, or other equivalent fencing and screening material as approved by the Building Director. Exception: Where fencing on one or more side(s) is not feasible due to phvsical constraints or determined to be unnecessary by the Building Director due to the presence of equivalent barrier(s). 15.60.090 Appeal to City Council. The City Council shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this chapter. SECTION 2. That 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 2000, and was adopted on the _ day of , 2000, by the following vote to wit: AXES, COUNCIL 0 C ATTEST. City Clerk NOES, COUNCIL ABSENT COUNCIL MEMBER Mayor "RECEIVED AFTER AGENDA March 23, 2000 PRINTED:" IFE 3 -2e-00 City of Newport Beach 3300 Newport Blvd., Newport Beach, Ca 92658 Subject: Adopting Construction Site Fencing and Screening Requirements No Fencing or Screening is required by County of Orange or 6 Neighboring Cities, are they all wrong? Morgan Development has a site at Westminster & Broad: 3 lots 215 feet frontage on Broad, 110 feet on Westminster. Parcel Map 99 -136 We have a fence around the side only for the purpose of protecting the kids from riding motor bikes & small bikes, and protect the grade on the lots already in place. Morgan Development has to install Sewer laterals (3), Water lines (2). Remove Curb and Gutter 220 liner feet, 95 liner feet of asphalt curb. Replace half of sprandle, and then replace all with new curb and gutter on Westminster & Broad. Most lots in the Heights area have an alley and all utilities come from that location. Morgan works from within our property so as not to damage any right way. Then we have to come back and pour City sidewalks, maybe taking 3 months down the road. As this is going on, the project is pouring concrete for slabs and starting to lay out for framing with a Petibone moving and hauling lumber around. I clean all my sites every Friday completely. We have a thousand -dollar deposit already in this site and grading permit. We want the public to be able to walk through our homes, as I am a spec. Builder, the fencing will take away a big part of our marketing plan. A lot of people like to buy homes in the building stage, i.e.: framing so they can make changes. I think the fencing has to be looked at on a per job basis. This type of fence could cost us $800 to $1,000 What about the kids that might graffiti the fencing what happens then? Our time frame on this site would be 6 to 7 months. Thank Max Morgan V � v � J 3 f i WV „e , 1 T F U Q LL� O aU� O J I�