HomeMy WebLinkAboutORD 349 2007 0221ORDINANCE NO. 349
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
AMENDING SUBSECTION A. OF SECTION 15.26.010
(CONSTRUCTION ACTIVITY RESTRICTED TO CERTAIN
HOURS) OF CHAPTER 15.26 (CONSTRUCTION ACTIVITY
RESTRICTIONS) OF TITLE 15 (BUILDING AND
CONSTRUCTION) OF THE MOORPARK MUNICIPAL CODE
WHEREAS, at its meeting of February 7, 2007, the City Council considered this
ordinance to amend Section 15.26.010 (Construction Activity Restricted to Certain
Hours), Subsection A, of the Moorpark Municipal Code, reached a decision; and
WHEREAS, the City Council concurs with the community development director's
determination that this project is exempt from the provisions of the California
Environmental Quality Act by the general rule that CEQA only applies to projects that
may have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 15.26.010 (Construction Activity Restricted to Certain
Hours), Subsection A, of the Moorpark Municipal Code is hereby amended in its entirety
to read as follows:
15.26.010 Construction activity restricted to certain hours.
A. It is unlawful within the incorporated limits of the city to engage in or conduct
any outdoor work relative to construction, except between the hours of seven (7:00)
a.m. and seven (7:00) p.m., Monday through Saturday, unless a permit for different
hours has first been issued by the public works director for projects within the public
right -of -way; or by the community development director for projects on private
property. Application for such a permit shall be made in writing to the appropriate
department director and shall state the name and business address of the applicant,
the location of the proposed work, the reason for seeking a permit to do the work on
Sunday or between seven (7:00) p.m. and seven (7:00) a.m. on other days, and the
estimated duration of the work. For purposes of this section "construction" means the
erection, maintenance or repair of any building or structure, the moving or excavation
of earth, the laying of pavement, the loading or unloading of material, equipment or
supplies or any other construction activity.
For projects on public or private property, notice of a pending decision on a
request for extended construction hours shall be mailed by the appropriate director to
owners of real property, as identified on the latest adjusted Ventura County Tax
Assessor Roles, within three - hundred (300) feet of the exterior boundaries of the
assessor's parcel(s) where the time extension is requested, at least ten (10) calendar
Ordinance No.349
Page 2
days prior to the decision. Public comments concerning potential adverse affects on
public peace, safety, and health and welfare will be accepted during the period before
the date of the decision. After the comment period has ended, the appropriate
department director may approve the request, deny the request, or approve the
request subject to conditions necessary for the extension of construction hours upon
making a finding by the appropriate department director that the public peace, safety,
health and welfare will not be adversely affected by performance of the work at the
requested time and that without issuance of the permit the applicant will suffer
substantial loss or inconvenience.
SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council declares that it would have adopted this Ordinance
and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. The City Clerk all certify to passage and adoption of this
ordinance; shall enter the same in t book of original or ances of said City; shall make
a minute of the passage and ado ion thereof in the record of the proceedings of the City
Council at which the same is p sed and adopted; and shal withi/f,*,,fte n (15) days after
t he passage and adoption th eof, cause the same to be pu lishe in the Moorpark
Star a newspaper of gener circulation, as defined in Sect n 60the�vernment
Code, for the City of Moorp k, and which is hereby designat d for rpo
PASSED AND ADOPTED this 21 st day of February
ATTEST:
_1 S. I
Deborah S. Traffenstedt, Cit erk
Ordinance No.349
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Ordinance No. 349 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
21 st day of February, 2007, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Parvin, Van Dam, and Mayor
Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 26th day of February, 2007.
Deborah S. Traffenstedt, Ci lerk
(seal)