HomeMy WebLinkAboutOrd 16771
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 1677
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING THE MUNICIPAL CODE TO ESTABLISH
RESTRICTED HOURS FOR LOADING AND UNLOADING
THAT CAUSES A NOISE DISTURBANCE IN A RESIDENTIAL DISTRICT
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. The Noise Element ofthe City's General Plan provides that the hours of 10 p.m.
ppWWWWp
to 7 a.m. are nighttime hours and noise during those hours is considered as ten times as disturbing
as during daytime hours. The residential districts of the City have expect a lower level of noise
intrusion during these hours than during daytime hours. Pursuant to the goals set forth in the Noise
Element, the loading and unloading of vehicles that cause a noise disturbance to a residential
district should be strictly limited during those nighttime hours. In addition, an additional quiet
period free from this type of noise should be expected on Saturdays, Sundays, and holidays. The
proposed ordinance provides exceptions for emergency deliveries, medical consumables, fresh
produce, or as required by a condition of a planning approval, and provides a variance process
when a business has no other mean
s of meeting its needs.
Section 2. Anew Section 10.40.039 is added as follows:
10.40.039 Loading and unloading limited.
(a) Standard. It is unlawful to unload, load, open, close, or handle boxes, crates, containers,
building materials, or similar objects in such a manner as to cause a noise disturbance across a
propert
y line into property located in a residential district between the following hours:
(1) Between the hours of 10 p.m. on a Sunday, Monday, Tuesday, Wednesday, or Thursday
and 7 a.m. of the following day; and
(2) Between the hours of 10 pp
m. on a Friday and 8
a.m. on the following Saturday; and
(3)
Between the
hours of 10 p.m.
on a Saturday and 8 a.m. on the following Sunday; and
(4)
Between the
hours of 10 p.m.
on a day before a
holiday and 8 a.m. on the holiday.
(b)
Exceptions.
Subsection (a)
does not apply to the
following so long as the delivery does
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
not cause any louder noise disturbance than necessary:
(1) An emergency delivery necessary to the health and safety of the occupants of the
property to which the delivery is made; or
(2) Deliveries of medical equipment or consumable medical supplies that are required for
usage during the following twenty-four (24) hours; or
(3) Deliveries of fresh produce to grocery stores or food establishments that are required
fox usage or sale during the following twenty-four (24) hours; or
(4) Deliveries made at a time required by a permit approved pursuant to title 25 and made
in conformance with that permit approval.
(5) Collection of solid waste by a city franchisee pursuant to chapter 8.16 and in
conformance with the terms fo the franchisee's franchise from the city.
(c) Variance.
(1) Any person may apply fox
a variance to subsection
(a) by applying
in writing to the
director of public works. Applications
shall be in writing upon
such forms, and
accompanied by
such data; as may be prescribed by the
director, so as to assure
the full presentation of the facts
involved. An application fee shall be required as established by resolution. The application shall
contain a description of the propert
following:
FR:I
y on which the loading or unloading is to occur and the relief
sought. The application shall be signed by the applicant an
d the property owner.
(2) The director may grant an application for a variance if the director fi
nds all of the
(A) The variance is required because there is no other time of day in which the loading or
unloading can occur due to the nature of the delivery and the nature of the use of the propert
y to
which the delivery is being made; an
d
(B) The increase in ambient Llo noise level shall not be more than 5 dBA above existing;
(C) The proposed loading and unloading will not unreasonably awaken any residents.
(2) If the director determines to grant the variance application, the director shall condition
the approval with those conditions that the director believes are necessary to ensure that the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
restrictions of subsection (c)(1) above are met including noise monitoring programs, and in any
event, shall specify the exact time periods, location, and mode of loading and unloading during
which the deliveries may occur. Upon approval, the director shall mail notice of approval of the
variance to owners of property within three hundred (300) feet of the exterior boundaries of the
property to which the deliveries are to be made. The property owners shall be informed of their
right of appeal.
(3) Appeals from the decision of the director may be made to the planning commission
within seven (7) days after the public notice of the action of the director is mailed. Any member
of the planning commission or council may request a review of a variance under this section by
making such request to the director within seven (7) days of the date of mailing of the public
notice. Upon receipt of an appeal, or a request for review by a commissioner or council member,
the director shall forward the records on the matter to the planning commission at the earliest
available date and cause notice of such hearing to be given as set forth in chapter 25.16. The
planning commission shall consider the matter in the same manner as the standards set for the
director. The decision of the director shall be final seven (7) days after the mailing of the public
notice of the director's action, if no appeal is filed by any person or if no council member or
requests review of the decision within that time. Any decision of the planning
commission under this subsection is subject to appeal under the same process and within the same
time periods as set fort
h in chapter 25.16.
(d) Definitions.
(1) Holiday. For purposes of this section, "holiday" is defined in section 13.04.100.
(2) Residential district. For purposes of this section, "residential district" mean
s a district
that iszoned R-1, R-2, R-3, or R-4 pursuant to title 25, but does not include a district that is zoned
C-R.
1
2
3
4
5
6
7
8
9
10.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section 3. This ordinance shall be published as required by law.
Mayor
I, ANN T. MUSSO, City Clerk ofthe City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 7"' day
of January, 2002, and adopted thereafter at a regular meeting of the City Council held on the 23rd
day of January, 2002, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, GALLIGAN, JANNEY, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: COFFEY
City
Clerk
C:�FIf.twSVORDINANCAdeliverynoise.ordwpd