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HomeMy WebLinkAbout94-25 CC OrdinanceORDINANCE NO. 94-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA MODIFYING SECTION G (1.) OF RIVERSIDE COUNTY ORDINANCE NO. 457.73 ADOPTED BY REFERENCE BY THE CITY OF TEMECULA IN ORDINANCE NO. 90-04. TO CHANGE THE HOURS AND DAYS DURING WHICH CONSTRUCTION ACTIVITY IS ALLOWED. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings: That the Temecula City Council hereby makes the following findings; A. That it is the mission of the City of Temecula to maintain a safe, clean, healthy and orderly community; B. That it is necessary to re-examine the regulations relating to the days and times in which construction activity is undertaken; C. That it is necessary, pending conduct of such study and enactment of regulations based thereon, that modifications to Section G (1.), of Riverside County Ordinance No. 457.73 be imposed pending the completion of such study; D. That if such moratorium were not imposed current regulations may compromise the public health, safety, welfare and quality of life. SECTION 2. That notwithstanding any provision of the City of Temecula Ordinance No. 90-04, and specifically Section G (1) of Riverside County Ordinance No. 457.73, during such time as this ordinance is in full force and effect, no person shall engage in or conduct construction activity, when the construction site is within one-quarter (1/4) of a mile of an occupied residence, between the hours of 6:30 P.M. and 6:30 A.M., Monday through Friday and shall only engage in or conduct construction activity between the hours of 7:00 A.M. and 6:30 P.M., on Saturday. Further, no construction activity shall be undertaken on Sunday and nationally recognized holidays. Public Works projects of any federal, state or local entity or emergency work by public utilities are exempt from the provisions of this ordinance. Residents working on their homes or property are exempt from the prohibition of construction activities on Sundays and holidays but must comply with the hourly restrictions set forth for Saturday when working on Sundays and holidays. The City Council may, by formal action, exempt projects from the provisions of this Ordinance. Ords\94-25 1 SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Ordinance is, for any reason held to be invalid, or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Temecula hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, word or portion thereof regardless of whether such other section, subsection, sentence, clause, phrase, word or portion thereof regardless of whether such other section, be declared invalid or unconstitutional. SECTION 4. This is an urgency ordinance adopted pursuant to Section 36934 and 36937(i>) and shall take effect upon its adoption. This ordinance is adopted as an urgency ordinance because the same is necessary for the immediate preservation of the public peace, health or safety. The facts constituting the urgency are set forth in Section 1 and in that uncontrolled periods when construction activity may currently be undertaken may impact negatively on the quality of urban life and therefore this ordinance shall be effective immediately upon its adoption. PASSED, APPROVEI~ AND ADOPTEI~, this 1 lth day of October, 1994. Ron Roberts, Mayor ATTEST: [SEAL] Ords\94-25 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 94-25 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 23rd day of August, 1994 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 1 lth day of October, 1994, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Mufioz, Parks, Stone Roberts None None 0rd!\94-25 3