ORDINANCE NO. 2756-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING SECTION 16.08.110 OF THE SUNNYVALE MUNICIPAL CODE RELATED TO HOURS OF CONSTRUCTION – TIME AND NOISE LIMITATIONS

          THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

          SECTION 1.         SECTION 16.08.110 AMENDED.  Section 16.08.110 of the Sunnyvale Municipal Code is hereby amended as follows:

            16.08.110.  Hours of construction – Time and noise limitations.

    Construction activity shall be permitted between the hours of seven a.m. and six p.m. daily Mondays through Fridays.  Saturday hours of operation shall be between eight a.m. and five p.m.  There shall be no construction activity on Sundays or national holidays.

    No loud environmentally disruptive noises, such as air compressors without mufflers, continuously running motors or generators, loud playing musical instruments, radios, etc. will be allowed where such noises may be a nuisance to adjacent residential neighborhoods.

    Exceptions: (a) Construction activity is permitted for homeowner permits when the work is being performed by the owner of the property provided no construction activity is conducted prior to seven a.m. or after seven p.m. Mondays through Fridays, prior to eight a.m. or after seven p.m. on Saturdays and prior to nine a.m. or after six p.m. on Sundays and national holidays.

    (b)  [Text unchanged]

    (c)  Homeowners who live in detached housing may perform indoor construction beyond the regular construction hours provided for in subsection (a) so long as the noise levels shall not exceed forty-five dBA at any point on adjacent residentially zoned property.  For purposes of this section, “detached housing” refers only to housing that stands completely alone with no attached roof, foundation or sides.

SECTION 2.  EXEMPTION FROM CEQA.  The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment.  The Council therefore directs that a Notice of Exemption be filed with the Santa Clara County Clerk in accordance with Section 14 of the Sunnyvale Guidelines for the implementation of CEQA.

          SECTION 3 .  EFFECTIVE DATE.  This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

          SECTION 4.  POSTING AND PUBLICATION.  The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official newspaper of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.

          Introduced at a regular meeting of the City Council held on July 27, 2004, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on August 10, 2004, by the following vote:

(SEAL)