HomeMy WebLinkAboutOrd 1985 CITY OF BURLINGAME ORDINANCE NO. 1985
AMENDING SECTION 18.07.110 OF THE BURLINGAME MUNICIPAL CODE
WHEREAS, on September 19, 2016, City Council adopted by unanimous vote
Ordinance No. 1930, which changed the City’s construction hours from seven (7) a.m. to
(7) seven p.m. on weekdays, nine (9) a.m. to six (6) p.m. on Saturdays, and ten (10) a.m.
to six (6) p.m. on Sundays and holidays to an eight (8) a.m. start time on weekdays and
no construction allowed on Sundays and holidays;
WHEREAS, since this time, applications for construction projects have continued
to grow within the City, with developers regularly asking for exceptions to construction
hours, often with justifications relating to site integrity which are almost universally granted;
WHEREAS, the below amendments will address many of these common
exceptions, and will encourage developers to pursue projects in Burlingame without fear
of delay that could conflict with time sensitive construction operations;
WHEREAS, amending construction hours in certain industrial zones within the City
may greatly reduce the need for exceptions, while only adding minor disruption to
residents;
WHEREAS, the Chief Building Official or his/her designee will have the ability to
regulate the work being permitted to occur outside ordinary construction hours, which will
ensure that the proposed construction activity will not result in undue disruption;
WHEREAS, allowing work to occur outside construction hours within fully enclosed
buildings would have little impact to residents but would allow builders to finish projects in
a more expedient manner;
WHEREAS, the below amendments will cumulatively allow developers to finish
projects in a more expedient manner, while providing the City with the power to monitor
their activity and require project-specific conditions that would mitigate any potential
impacts to the surrounding properties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS
AS FOLLOWS:
SECTION 1. Section 18.07.110 of Chapter 18.07 (Uniform Administrative Code) of the
Burlingame Municipal Code is hereby amended as follows
The following paragraphs are added to Section 305.1 to read as follows:
No person shall erect (including excavation and grading), demolish, alter or
repair any building or structure other than between the hours of eight a.m. and seven p.m.
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on weekdays, and nine a.m. and six p.m. on Saturdays, except in circumstances where
continuing work beyond legal hours is necessary to building or site integrity, including (but
not limited to) large concrete pours, environmental considerations, state or federal
requirements, or in cases where it is in the interest of public health and safety, and then
only with written approval from the building official, which shall be granted for no longer
than necessary to complete the portion of the project for which the exception was granted.
No person shall erect (including excavation and grading), demolish, alter or repair any
building or structure on Sundays or on holidays, except in the circumstances described
earlier in this paragraph, and then only with written approval from the building official,
which shall be granted for no longer than necessary to complete the portion of the project
for which the exception was granted. For the purpose of this section, holidays are the days
set forth in Section 13.04.100 of this code. The restrictions stated in this section shall not
apply to work that does not require a permit under any applicable law or regulation, or to
work that takes place inside a completely enclosed building and does not exceed the
exterior ambient noise level per the BMC 25.58.050.
In the Bayfront Commercial (BFC), Innovative Industrial (I/I) and Rollins Road
Mixed Use (RRMU) zones only, construction work may begin at seven a.m. instead of
eight a.m. on weekdays. However, the use of chainsaws, jackhammers, pile-drivers or
pneumatic impact wrenches shall be prohibited from seven a.m. to eight a.m., unless
written approval is granted by the building official pursuant to an exception listed in the
above paragraph.
SECTION 2. If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council declares that it would have adopted the Ordinance
and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 3. CEQA. The City Council finds and determines that this Ordinance is not a
“project” within the meaning of section 15378 of the California Environmental Quality Act
(CEQA) Guidelines because it has no potential for resulting in physical change in the
environment, either directly or ultimately.
SECTION 4: This Ordinance shall be published in a newspaper of general circulation in
accordance with California Government Code Section 36933, published, and circulated in
the City of Burlingame, and shall be in full force and effect thirty (30) days after its final
passage.
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_________________________________
Emily Beach, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a public hearing at a regular meeting of the City
Council held on the 19th day of October, 2020, and adopted thereafter at a regular meeting
of the City Council held on the 2nd day of November 2020, by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O’BRIEN KEIGHRAN, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
__________________________________
Meaghan Hassel-Shearer, City Clerk
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