HomeMy WebLinkAboutOrd 1852ORDINANCE N0.1852-2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AMENDING SECTION 18.07.110 OF THE BURLINGAME MUNICIPAL CODE
TO REVISE THE TIME LENGTH FOR EXCEPTIONS TO THE
CONSTRUCTION HOURS LIMITATION
The City Council of the City of Burlingame finds as follows:
Section 1.
Factual background
By enactment of section 18.07.110 of the Burlingame Municipal Code, the City of
Burlingame has adopted the rules, regulations and requirements published by
International Conference of Building Officials (ICBO) in one volume entitled "Uniform
Administrative Code, 1997 Edition" as the rules, regulations and requirements for the
general administration of all uniform building and constructions codes in the City. In
Chapter 18.07, the City has adopted numerous, specific amendments to the Uniform
Administrative Code to address local needs and to conform the uniform code provisions
to the City organizational structure.
One amendment, section 18.07.110, specifies the hours during which a developer can
engage in construction activities. This section also permits the building official to provide
written extension of the construction hours upon a specific finding that "urgent necessity
in the interest of public health and safety" requires such waiver. Currently, the time limit
for written extension of the construction hours is three (3) days.
However, staff has learned that larger development projects which use certain specialized
methods of construction (e.g., "tilt -up" construction of building walls) may have need of
a longer period of extended construction hours in order to complete operations dangerous
to the public. By granting the construction hours extension so that construction can occur
at times, usually early in the morning, when few persons are up and about, the City can
reduce the risk of injury and danger to the public from construction operations.
The Safeway project in the downtown will be using the "tilt -up" construction method to
build the walls of the new building at Howard and El Camino Real. The complete
performance of this operation will require a safety zone around the perimeter of the store
to ensure safety. As the area is populated, the developer seeks to perform the operation
during the early morning hours over a fifteen day period. Under the current ordinance, a
construction operation before 7o00am for a fifteen day period would not be permitted. If
the ordinance is amended to allow for a longer period of the construction hours extension,
the "tilt -up" operation can be permitted early in the morning over a fifteen day period.
Based upon these facts, the public health, safety and welfare would be served by
amending the ordinance to allow the building official, upon the requisite findings, to
grant extensions of the construction hours for a time not to exceed twenty (20) days.
NOW, THEREFORE, the City Council of the City of Burlingame does ordain as
follows:
Section 2. Amendment to Burlingame Municipal Code section 18.0 7.110
Section 18. 07.110 of the Burlingame Municipal Code is hereby repealed and a new
Section 18.07.110 is added to the Burlingame Municipal Code to read as follows:
law.
"A new first sentence is 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 seven
a.m. and seven p.m. on weekdays, nine a.m. and six p.m. on Saturdays,
and ten a.m. and six p.m. on Sundays and holidays, except in the case of
urgent necessity in the interest of public health and safety, and then only
with written approval from the building official, which approval shall be
granted for a period not to exceed three (3) days for projects including
structures with a gross floor area of less than 40,000 square feet; and
when reasonable to accomplish the erection, demolition, alteration or
repair, not to exceed twenty (20) days for projects including structures
with a gross floor area of 40,000 square feet or greater. For the purpose
of this section, holidays are the days set forth in Section 13.04. 100 of this
code."
Section 3. The City Clerk is directed to publish this ordinance as required by
Cathy Baylock, Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify
that the foregoing ordinance was introduced at a regular meeting of the City Council held
on the 19th day of July, 2010, and adopted thereafter at a regular meeting of the City
Council held on the 16th day of August, 2010, by the following vote:
AYES: Councilmembers: BAYLOCK,
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
BROWNRIGG, DEAL, KEIGHRAN, NAGEL
Mary
June 8, 2010
Ms. Maureen Bxooks
Planning Manager
City of Burlingame
501 Primrose
Burlingame, CA 94010
Re: Safeway Burlingame /Urgency Ordinance Request
Dear Maureen, .
construction are limited to 7:00 am to 7:00 pm Monday
Pursuant to municipal code, the hours for
through Friday, 9:00 am -to *6:00 pm Saturday, and 1'1:00 am to 6:00 pm Sundays and holidays.
The base construction type Safeway is planning in Burlingame is•concrete tilt-up.panels. This
consists of pouring concrete panels that weigh approximately 60 tons. After the concrete cures, a
crane is used to pick up the concrete panel and place it on the footings. • For safety reasons it is
important to maintain a "safe zone" of about 100 feet during the erection with the crane to avoid
harm or damage in the remote event -the lifting hardware fails or the.panel breaks.
Accordingly, Safeway is hereby requestmg an Urgency Ordinance to expandthe construction
commencementhours from 7;00 am to 5:0U am. Monday through Friday, 9:00 am to 6:00 am
Saturdays, and 11:00 am to 6;00 am Sundays and holidays, for no more than '15 days, in order to
minimize disruption to the adjacentbusinesses aadroadways. The intent is that this wall tilting
process be performed prior to 9:00 am before businesses are open and while the downtown area is
quiet. Currently this work is scheduled for 7anuary 15, 2017. to February I, 201"1, however the
dates could vary depending upon the permitting process. An exhibit is attached that depicts the
subject area.
We will provide this information -to the adjacent businesses andneighbors and keep them
informed through -out the process.
Thanks for .your consideration.
Sincer y,
Deborah Karb0
Real Estate Manager
Enc.
v v
W C N v
u� o n E
o" E x v v
O
01 C: O O
T -p U ._ N o -
N
Y 0) N `6 r.
O C N N 0 N
u Lvui "D V N
UJ N •jp
0 0_ s o0 0 .o
•� a 0 3
m N •„ Y rn '- 3 N 'w
Ili: O
N v u d
o ryi
F- N Q a 1— ry � ro ra o i
A" lot It
b
z� /- l,Il ;
ell
IllA
rre Ile
ee II, Are I
VI
�_-Ile
44 ver III
�.l Ile
AI r� r
\�--'.I /i
leIt-
tIj
w4i el le
\�y�„_:•Fre.
Al /
del% 0
{'lam i •
All
I Awe
fr .• ' /.. Fri
I AAA I.
LLJ
Ile
Al''ere.
de
"lL/ .i..I 'All
i
Jee� * "A (3 0
f
r
0
Y1
— 0
�
a
m
-��.=:
max❑
v v
W C N v
u� o n E
o" E x v v
O
01 C: O O
T -p U ._ N o -
N
Y 0) N `6 r.
O C N N 0 N
u Lvui "D V N
UJ N •jp
0 0_ s o0 0 .o
•� a 0 3
m N •„ Y rn '- 3 N 'w
Ili: O
N v u d
o ryi
F- N Q a 1— ry � ro ra o i
A" lot It
b
z� /- l,Il ;
ell
IllA
rre Ile
ee II, Are I
VI
�_-Ile
44 ver III
�.l Ile
AI r� r
\�--'.I /i
leIt-
tIj
w4i el le
\�y�„_:•Fre.
Al /
del% 0
{'lam i •
All
I Awe
fr .• ' /.. Fri
I AAA I.
LLJ
Ile
Al''ere.
de
"lL/ .i..I 'All
i
Jee� * "A (3 0
f
r
0
Y1
�
v
tom
3N¢F�
17M
ow�ll
�oiarnw