Photograph by Dai Sugano
Construction hours on houses like this one near Saratoga High School may be cut back if the city council decides to limit weekend construction noise.
Construction hours could be further limited
By Kara Chalmers
The city council is scheduled to decide if it will shorten the hours allowed for construction in the city on weekends at its meeting on Nov. 15.
Saratoga already has an ordinance limiting all residential construction to between the hours of 7:30 a.m. and 6 p.m. every day. The ordinance also prohibits all noise sources from surpassing a certain decibel level. If residents violate any part of the ordinance, neighbors can report them to the Santa Clara County Sheriff's office.
In August a resident suggested the idea of prohibiting construction in the city on weekends, and her letter spurred the council to hold hearings on the issue.
The resident's letter cites an incident in which the hours of the present ordinance were violated, so the sheriffs could have cited the ordinance and taken action, if the matter was brought to their attention.
In response to the resident's and the council's request, city staff brought a draft ordinance amendment to the council on Oct. 18. The draft suggests prohibiting residential construction requiring a city permit on Sundays and holidays, as well as limiting the allowed hours for residential construction on Saturdays to between 9 a.m. and 5 p.m. Homeowner improvement projects that do not require a city permit would be allowed from 9 a.m. to 5 p.m. on Saturdays, Sundays and holidays, according to the draft amendment.
Some construction activities that require city permits are room additions, new hot water heaters and new windows, while activities that do not require permits are constructing new fences, decorative gardens, patios or putting new siding on houses, according to Community Development Director James Walgren.
Under the current ordinance, construction for commercial projects--retail, office, personal service or institutional buildings--is restricted to Monday through Friday from 7:30 a.m. to 6 p.m. The draft ordinance proposes also limiting subdivision construction and large residential construction activity to the same hours and days. Large construction activity refers to a new home, an addition of more than 50 percent, or a tear down and rebuild, Walgren said.
For the last five years or so, when the city approves large residential subdivisions under the current ordinance, it usually includes as a condition for approval, completely restricting weekend construction, Walgren said. The draft ordinance proposes codifying this procedure so that, in the future, it would be mandatory under the city code, rather than just policy.
For citizens, the change would be twofold. If the hours for residential construction are shortened, some argue it would make it hard on do-it-yourselfers to work on construction projects, since for many people, weekends are the only time they have to do work around the house. Ralph Mullins, a homeowner who spoke at the council meeting on Oct. 18, does a lot of improvement projects on weekends, and if the restriction on residential construction is passed, he said he would have to hire a contractor to do work for him on weekdays.
The other impact the proposed ordinance would have on residents concerns noise from construction on larger subdivisions.
Resident Victor Monia, who has lived in the city for 25 years, said the real issue is not for the city to stop construction but to recognize that the homes being built today are only filling vacant land in the city, since the city is built out to its limits. Therefore these homes are bound to affect existing neighbors more than in the past.
Monia said he has called in many complaints about construction hours violations to the sheriffs. Four separate homes have been built in the last five years, all starting at different times, and all within earshot of his home on Granite Way. He said that in his experiences, since general contractors often subcontract work out for specific jobs, subcontractors are not always made aware of the city's rules. While the subcontractors have been mostly cooperative about Monia's complaints, he said that when the next project starts, he has to go through the process of educating the subcontractors about the allowed hours all over again.
Monia's fix would be to require that contractors post signs stating the hours allowed for construction at the entrance, where subcontractors can't miss them. The sign should also include a phone number for residents to call if the hours are being violated. Monia suggested charging the contractor $10 or so for the sign, which he or she would receive along with the permit.
He mentioned that the night of the council meeting on Oct. 18, he passed someone in a bulldozer knocking down a structure at 6:30 in the evening.
"I'm sure he would have stopped at six o'clock if he knew what the rules were," Monia said.
The council directed staff to bring the proposed ordinance back for its meeting on Nov. 15.
Saratoga, California Since 1955
