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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. 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