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CC - (1) Discussion of Application Process for the Issuance of a Temporary Use Permit (TUP) for Requests for Expanded Construction Hours in General and as Applied to the Specific Request by IDS Real Estate Group (IDS) Regarding its C3 Project Located at 5800 Bristol Parkway; (2) Introduction of an Ordinance Amending Section 9.07.035, Construction, of Chapter 9.07, Noise Regulations, of the Culver City Municipal Code, to Allow the Limited Expansion of Construction Hours Under Certain Circumstances, as Authorized by Permit; and (3) If the Proposed Ordinance is Introduced, Consideration of the Issuance of a TUP to IDS for Expanded Construction Hours, Conditioned Upon the Adoption of Such Ordinance.
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Contact Person/Dept: Todd Tipton/CDD
Phone Number: (310) 253-5783
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: Yes [X] No []
Commission Action Required: Yes [] No [X] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (10/04/2016); Chamber of Commerce (10/04/2016); members of the public who spoke during the August 22, 2016, City Council meeting (10/04/16); (Mail) all owners/occupants within 1,000 feet of the C3 site - 5800 Bristol Parkway (09/19/16).
Department Approval: Sol Blumenfeld, Community Development Director (10/04/16)
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RECOMMENDATION:
Staff recommends the City Council:
(1) Discuss the application process for the issuance of a Temporary Use Permit (TUP) for requests for expanded construction hours in general and as applied to the specific request by IDS Real Estate Group (IDS) for its C3 Project located at 5800 Bristol Parkway; and
(2) Introduce an Ordinance amending Section 9.07.035, Construction, of Chapter 9.07, Noise Regulations, of the Culver City Municipal Code (CCMC), to allow the limited expansion of construction hours under certain circumstances, as authorized by permit (Attachment No. 1); and
(3) If the proposed Ordinance is introduced, consider the issuance of a TUP to IDS for expanded construction hours, conditioned upon the adoption of the proposed Ordinance.
BACKGROUND:
IDS is constructing the C3 Project, consisting of a new approximate 280,000 square foot creative office building and an approximate 990 space parking structure (Project) at 5800 Bristol Parkway (Project Site). On July 6, 2016, IDS submitted a request (Attachment No. 2) to pour concrete between the hours of 4:00 a.m. and 8:00 a.m. beginning August 1, and ending on December 16, 2016. The Project will be constructed primarily of concrete. Due to the amount of concrete being poured, IDS believes the 4:00 a.m. start time will:
• Allow concrete trucks to arrive on site largely before peak travel periods thus reducing the Project’s traffic impacts (IDS believes this to be the primary benefit to the community);
• Reduce the potential of concrete “spoiling” in the delivery trucks while they’re attempting to reach the Site;
• Improve the quality/appearance of the concrete finishes as it will minimize the number of gaps/joints caused by non-continuous pours.
• Not adversely affect residents due to the Site being located near the on/off ramp of the Marina (90) Freeway.
Also, allowing modified construction hours will decrease the amount of time needed to complete the Project thus reducing impacts overall.
On August 8, 2016, the City Council discussed the matter and directed the City Manager to prepare an amendment to CCMC Section 9.07.035 to allow for the temporary expansion of construction hours (proposed Ordinance).
On August 22, 2016, the City Council discussed the proposed Ordinance but declined to introduce it for first reading at that time, providing staff with direction in the following two areas:
• Revisions to the Ordinance - Any modification to the construction hours should be limited to commercial property, have a limited duration, be related to a specific construction activity, have specific property limitations (e.g., minimum acreage), be revocable if there are complaints, and have a clear benefit to the community.
• Real-Time Exercise in Processing a TUP Application - Requires assurance that the process involved in considering such a request would (1) adequately address potential impacts (as determined by traffic, noise and light/glare studies) and related mitigations; and (2) provide adequate notice to owners/occupants within 1,000 feet of the project site and an opportunity to participate in the process. As such, the City Council directed staff to process IDS’s request as it would an actual application submitted if the Ordinance were adopted.
DISCUSSION:
Real-Time Exercise in Processing IDS’s Application for Expanded Construction Hours
On August 29, 2016, IDS provided traffic, noise and light/glare studies (Studies) related to the pouring of concrete between the hours of 4:00 and 8:00 a.m. at the Project Site. The studies (Attachment No. 3) indicated that there would be no impacts caused by the pouring of concrete in the early morning hours. To ensure the findings were accurate, the studies were reviewed by the City’s consulting traffic engineer and Terry A. Hayes & Associates (Terry Hayes), a Culver City based environmental consulting firm (Attachment No. 4). Both found the studies valid.
Pursuant to the proposed Ordinance, a notice (Attachment No. 5) was mailed to approximately 945 owners/occupants within 1,000 feet of the Project Site, inviting comments/questions related to IDS’s request for expanded construction hours, including the associated traffic, noise and light/glare studies. Staff received and responded to two comments from the public (Attachment No. 6).
One of the respondents indicated that construction was already occurring after 8:00 p.m. Staff informed IDS and advised the respondent that they should contact the Culver City Police Department if construction was occurring after 8:00 p.m. IDS indicated that it was unaware and would speak with its contractor. Approximately one week later the respondent informed staff that construction was continuing after 8:00 p.m. IDS was again informed and indicated that it would speak with its contractor. Staff contacted the respondent shortly after and was told that all construction after 8:00 p.m. had ceased.
Based on the Studies, staff believes the issuance of a TUP to allow the pouring of concrete between the hours of 4 a.m. and 8 a.m. would be appropriate in this situation because it will not create adverse light, noise or traffic impacts, and will benefit the community by reducing the amount of time to complete the construction and reduce the amount of vehicle trips during the a.m. peak period as described above. If a TUP is issued, it would be subject to the following conditions of approval:
• Concrete trucks shall not travel on Hannum Avenue between Buckingham Parkway and Slauson Avenue between 4:00 and 8:00 a.m. in order to prevent an unnecessary increase in noise levels at residences along this roadway segment; and
• This TUP shall not become effective until the effective date of Ordinance No. 2016-XXX amending Section 9.07.035, Construction, of Chapter 9.07, Noise Regulations, of the Culver City Municipal Code (CCMC), to allow the limited expansion of construction hours under certain circumstances, as authorized by permit.
Staff recommends the City Council consider whether to issue a TUP, subject to the above-referenced conditions of approval. The requirements for the issuance of a TUP are included as Attachment No. 7.
IDS has requested that, in the event the proposed Ordinance is introduced, that the City Council also approve the requested TUP, so that IDS is able to timely proceed when the proposed Ordinance becomes effective.
If the Ordinance is introduced, it will be presented to the City Council for adoption on October 24, 2016, and would subsequently become effective on November 23, 2016.
Ordinance
CCMC Section 9.07.035 (Attachment No. 8) limits construction activity to the following hours:
• 8:00 a.m. to 8:00 p.m. Mondays through Fridays;
• 9:00 a.m. to 7:00 p.m. Saturdays; and,
• 10:00 a.m. to 7:00 p.m. Sundays.
The CCMC does not allow for deviation from the prescribed hours except in cases of emergency. In the case of an emergency, the Building Official may issue a permit for construction activity for periods during which construction activity is prohibited, and such permit shall be issued for only the period of the emergency.
Based on the City Council’s direction at August 22, 2016, staff has prepared an updated version of the proposed Ordinance to address the City Council’s concerns.
The proposed Ordinance allows the limited expansion of construction hours under certain circumstances, as authorized by permit. Staff has identified the following scenarios that could occur if the proposed Ordinance is ultimately adopted:
• Scenario 1 - A developer requests permission to temporarily expand construction hours during the project’s land-use permit process set forth in and in accordance with provisions of Title 17, Zoning Code. The request would be considered by the Planning Commission and/or the City Council after traffic, noise, dust, light, haul routes and other impacts to sensitive receptors are analyzed. If there are significant impacts that can be mitigated, mitigation measures will be included as project conditions of approval. If there are significant impacts that cannot be mitigated the request will be rejected or modified. The Planning Commission or City Council can approve/disapprove the request, at its discretion, during the land-use permit process even if there are no significant impacts. A fee will not be charged when a request is considered during an entitlement process.
The public would be notified of a developer’s request to temporarily expand construction hours when notification for the project is provided, in accordance with CCMC requirements.
• Scenario 2 - A developer requests permission to temporarily expand construction hours absent a land-use permit process or after a land-use permit has been granted. Staff believes the temporary nature of the expanded construction hours is analogous to the Temporary Use Permit (TUP) requirements defined in Chapter 17.520 of the CCMC (See Attachment No. 7), which include, among other things, a defined application/permit process with a fee of $953.68, requirements for public notice/comment, and analysis and mitigation of impacts.
The proposed Ordinance expands the TUP provisions by requiring a determination that the temporary expansion of construction hours be in the public’s interest, that all owners/occupants within 1,000 feet of the project site be notified ( changed from 500 feet in the initial draft Ordinance per Council’s direction) and that applicant reimburse the City for third-party costs incurred when reviewing the related studies.
During prior discussions the City Council directed that a request to modify construction hours, absent a land-use permit process, be processed administratively. Due to the controversial nature of construction hour related requests, staff recommends that all requests for modified construction hours be considered by the City Council through the modified TUP process. Staff is also recommending that requests to modify construction hours be limited to construction sites one acre in size or greater.
During prior discussion the City Council asked if nearby cities had provisions in their municipal codes that allowed modified construction hours. The cities of Santa Monica and West Hollywood have provisions in the municipal codes that allow modified construction hours.
Lastly, the City Council asked staff to clarify what would occur if a complaint were received relating to the construction activity occurring during the expanded hours. If the City received a complaint it would be investigated by City staff. If the complaint were confirmed, the permit would be revoked. The permit could be reinstated by the City Council, if desired, after a duly noticed public meeting was conducted.
Environmental Review
The temporary expansion of construction hours is considered to be a Class 4(e) Categorical Exemption pursuant to the California Environmental Quality Act.
FISCAL ANALYSIS:
Although IDS’ request was the catalyst for bringing this item forward, because the proposed Ordinance affects construction citywide, this is a City-initiated amendment and IDS is not responsible for the CCMC Text Amendment application fee. IDS will be required to pay the $953.68 TUP fee and costs associated with the City’s review of the required studies discussed above.
ATTACHMENTS:
1. Proposed Ordinace
2. Letter from IDS requesting extended construction hours for the C3 projects at 5800 Bristol Parkway;
3. Traffic, noise and light/glare studies prepared by IDS;
4. Peer review studies performed by Terry A. Hayes Associates
5. Notice mailed to all owners/occupants within 1,000 feet of the IDS site;
6. Comments received from owners/occupants located with 1,000 feet of the Project;
7. Section 17.520, Temporary Use, Special Event, and Temporary Event Permits;
8. Section 9.07.035, Construction, of the Culver City Municipal Code.
RECOMMENDED MOTIONS:
That the City Council:
1. Discuss the application process for the issuance of a Temporary Use Permit (TUP) for requests for expanded construction hours in general and as applied to the specific request by IDS Real Estate Group (IDS) for its C3 Project located at 5800 Bristol Parkway;
2. Introduce an Ordinance Amending Section 9.07.035, Construction, of Chapter 9.07, Noise Regulations, of the Culver City Municipal Code, to allow the limited expansion of construction hours under certain circumstances, as authorized by permit; and
3. If the proposed Ordinance is introduced, authorize the Community Development Director to issue a TUP to IDS to pour concrete between the hours of 4:00 a.m. and 8:00 a.m. beginning the effective date of the TUP and ending on December 16, 2016, subject to the conditions of approval as stated in this staff report, including the condition that TUP shall not become effective until the effective date of the proposed Ordinance.