Manhattan Beach Municipal Code Ch. 9.44 Construction Rules

For the purposes of this chapter, the following words and phrases are defined as follows:

A. "Construction activity" includes, but is not limited to:

1. The operation of any tool, machine or equipment, including, but not limited to, vehicles and helicopters being used by contractors or subcontractors and their employees to perform work requiring a City permit.

2. Performing any construction, demolition, excavating, grading, maintenance or repair work on buildings, structures or property.

3. Any remodeling, improvements, or additions to residential homes requiring a City permit, such as, but not limited to, roof replacement, window replacement, and/or patio construction.

4. Any painting using motorized equipment.

5. Arrival or departure of vehicles bringing construction equipment, materials or supplies to the construction site, loading and unloading thereof, and the staging of such vehicles on public streets.

6. Arrival or departure of any food service vehicles providing food to persons working at a site of construction activity.

Exception: An owner/builder legally residing on site, conducting home improvements, routine maintenance, or basic repairs do not constitute construction activity as defined in this chapter, provided such work does not require a City permit.

B. "Director": Director of Community Development.

C. "Vehicular activity": Delivery and hauling of construction equipment, materials, supplies and construction debris to and from the site, and the loading and unloading thereof on the public right-of-way.

(§ 1, Ord. 16-0020, eff. November 19, 2016; § 13, Ord. 22-0008, eff. January 1, 2023)

A. All construction sites shall be posted with "Construction Rules" consistent with the provisions of this chapter, which may be subsequently amended or supplemented by the City.

B. No construction activity shall impede or block access to private property or driveways except as authorized herein.

C. No construction activity shall impede or block the normal and reasonable movement of traffic except as authorized by a temporary encroachment permit.

D. Construction vehicles are subject to all posted parking restrictions and other applicable state and municipal codes.

E. Street and public parking spaces shall not be reserved for construction vehicles or workers at any time except as authorized by a temporary encroachment permit.

F. No audio devices shall be audible beyond the construction site property line.

G. There shall be no dumping or washing of debris, litter, or toxins into storm drains, streets or other public or private places. Sandbags may be required on the perimeter of a site to prevent water runoff. Contractors shall comply with the storm water and urban pollution control requirements set forth in Chapter 5.84.

H. Existing sidewalks shall not be obstructed at any time, except as authorized by Section 9.44.050. Public areas and rights-of-way shall be kept clear of any debris and cleaned daily, in the same manner as the clean-up of excavation work in accordance with Section 7.16.150.

I. Prior to commencing demolition or construction, the contractor shall erect a green mesh construction fence at the perimeter of the construction site along any public right-of-way.

J. Contractors shall prevent dust migration to surrounding properties in accordance with all South Coast Air Quality Management District and City requirements.

K. Containers for waste and recyclables are required at every site of construction activity. Food waste shall be removed on a weekly basis.

L. The contractor shall maintain all portable toilets in a sanitary condition. Such toilets shall be serviced on a regular basis. The City will not issue a Certificate of Occupancy until all portable toilets have been removed from the site.

M. Temporary power poles, if applicable, must be installed at the site of construction activity before any demolition or construction begins.

N. All CAL/OSHA requirements and guidelines shall be followed on the construction site.

O. Shoring construction and excavation is to be performed according to City shoring guidelines, and performed in such a manner so as to not damage adjoining property. At its expense, the contractor shall at all times preserve and protect from damage any adjoining property by providing proper foundations and taking all other necessary measures.

P. Contractors shall comply with the construction and demolition debris waste reduction and recycling requirements set forth in Chapter 5.26.

Q. Contractors shall comply with the construction site temporary encroachment requirements set forth in Chapter 7.40.

R. No smoking, including electronic devices, is permitted on any construction site or in any public area at any time.

S. An on-site meeting between the builder or responsible party and the Director's designee is required prior to start of work.

T. In the event of a claim from a neighboring property owner that construction has physically damaged the neighboring property, and the owner of the property where the construction occurred or owner's agent (collectively "owner") has refused to repair the damage, upon request of the neighbor or the City, the owner has a mandatory duty to enter a mediation program either administered by the City, or implemented by a third-party mediator subject to the City's approval, to resolve the claim.

U. The Director may waive any requirements set forth in this section that are inapplicable due to the magnitude of the construction.

V. All permits issued by the City pertaining to any on-site construction activities and any authorized right-of-way activity are required to be retained on-site for the duration of the project.

(§ 1, Ord. 16-0020, eff. November 19, 2016; § 12, Ord. 19-0015, eff. January 1, 2020; § 13, Ord. 22-0008, eff. January 1, 2023)

A. Every person who damages public property or a public improvement in connection with construction activity and the owner of the property where the construction activity is located are jointly and severally liable for damage to public property and must, at the City's sole option, either repair the damage and restore the property to its condition prior to the damage to the City's full satisfaction, or pay for the total cost of the repairs.

B. In the event construction activity damages public property or a public improvement, renders public property unsafe, or interferes with the public ability to use such property, the City Manager or his or her designee shall notify the permittee or owner of the construction activity site of the obligation to repair the damage, replace the damaged improvement, or pay for the costs of such repairs and replacement.

C. The permittee or owner shall satisfactorily complete the required work in full compliance with all City ordinances, regulations, rules, and requirements.

(§ 13, Ord. 19-0015, eff. January 1, 2020; § 13, Ord. 22-0008, eff. January 1, 2023)

A. The Permittee and the owner of the property where the construction activity is located is responsible for keeping and maintaining adjacent property free of debris deposited by construction activity.

B. In the event construction activity creates debris on adjacent property, the City Manager or his or her designee shall notify the permittee or owner that the debris must be removed and the adjacent property restored to a clean and sanitary condition within forty-eight (48) hours.

C. The permittee or owner shall satisfactorily complete the required removal in full compliance with all City ordinances, regulations, rules, and requirements.

(§ 14, Ord. 19-0015, eff. January 1, 2020; § 13, Ord. 22-0008, eff. January 1, 2023)

A. Construction activity shall occur only between 7:30 a.m. and 6:00 p.m. on weekdays, and between 9:00 a.m. to 6:00 p.m. on Saturdays.

B. There shall be no construction activity on Sundays or on City-recognized holidays, including the following:

1. New Year's Day.

2. Martin Luther King Jr's Day.

3. Presidents' Day.

4. Memorial Day.

5. Independence Day.

6. Labor Day.

7. Columbus Day.

8. Veterans Day.

9. Thanksgiving Day.

10. Friday after Thanksgiving.

11. Christmas Day.

C. Construction activity in the immediate vicinity of the construction site, even if no actual work or unloading is being done, constitutes construction activity for purposes of this section.

D. Noise disturbances, including, but not limited to, vehicles being started, idled or unloaded and talking at or near the construction site constitutes construction activity for purposes of this section.

E. In connection with any project that requires a discretionary permit, the Planning Commission or City Council may impose more restrictive hours of construction.

F. The City Council or Director may modify construction hours as follows:

1. Director authorization. Upon request, the Director may modify the hours for interior construction activity on commercial property under limited circumstances. The Director shall consider the noise disturbance criteria listed in Section 5.48.140 in determining whether to modify the hours. The Director may impose conditions to mitigate or eliminate any potential adverse impacts arising from the activities and shall provide prior notice to persons and businesses in the vicinity, at the owner's expense. The Director shall notify the Council of the decision at the next City Council meeting. The Director may forward a request to the City Council for its consideration.

2. Council authorization. Upon request, the City Council may modify the hours for construction activity under limited circumstances. The Council shall consider the noise disturbance criteria listed in Section 5.48.140 in determining whether to modify the hours. The Council may impose conditions to mitigate or eliminate any potential adverse impacts arising from the activities and shall provide prior notice to persons and businesses in the vicinity, at the owner's expense.

G. Exceptions.

1. An owner-builder who resides on the property while that property is under construction may perform construction activity between the hours of 9:00 a.m. and 6:00 p.m. on Sundays and City-recognized holidays; provided, however, that no subcontractors perform any work on Sundays or City-recognized holidays.

2. In the case of an emergency, the Building Official may authorize construction activity at times other than the hours specified in subsection A and on Sundays and City recognized holidays. For the purpose of this subsection 2, an emergency is defined as substantial property damage or a threat to the public health or safety. Such authority shall lapse once the site and structure(s) are safe. The Building Official may require the permitee to notify affected residents.

(§ 1, Ord. 16-0020, eff. November 19, 2016; § 13, Ord. 22-0008, eff. January 1, 2023)

A. The contractor or owner shall prepare and submit a Construction Management and Parking Plan ("CMPP") in accordance with City requirements for work requiring demolition, grading, or building permits within Area III and IV, and in conjunction with plan check submittal or a rough grading permit application, whichever occurs first. The CMPP must describe the manner in which potential construction traffic and parking impacts will be mitigated. No demolition or construction may commence until such time that the CMPP has been approved by the Director or his or her designee.

B. At least ten (10) days before construction commences, the contractor or owner shall provide written notification in a form approved by the City to all properties within a 100-foot radius of the scheduled construction site.

C. The Director's designee will require that the contractor or owner obtain a temporary encroachment permit prior to any delivery and hauling of construction equipment, materials, supplies and construction debris to and from the site, and the loading and unloading thereof on the public right-of-way.

D. The director may waive any requirements set forth in this section that are inapplicable due to the magnitude of the construction. The CMPP's terms or conditions cannot be changed or modified except by written approval by the Director.

(§ 1, Ord. 16-0020, eff. November 19, 2016; § 13, Ord. 22-0008, eff. January 1, 2023)

The contractor must obtain a temporary encroachment permit prior to any construction activity encroaching on the public right-of-way that requires a street, lane or sidewalk closure. The Director, in consultation with the City Traffic Engineer and Director of Public Works, may impose conditions to eliminate, mitigate and reduce the impacts arising from the encroachment. In addition, the Director may require a traffic control plan. Contractor shall provide 72-hour minimum written notice to all impacted properties prior to any street closure.

(§ 1, Ord. 16-0020, eff. November 19, 2016; § 13, Ord. 22-0008, eff. January 1, 2023)

A. General rules.

1. A contractor must receive a temporary encroachment permit prior to:

(a) Any delivery and hauling of construction equipment, materials, supplies and construction debris to and from the site, and the loading and unloading thereof on the public right-of-way ("vehicular activity"); or

(b) Any truck queuing or staging in residentially zoned districts. The Director, in consultation with the City Traffic Engineer and Director of Public Works, may impose conditions to eliminate, mitigate and reduce the impacts arising therefrom. In addition, the Director may require a traffic control plan and establish a hauling route.

Exception: A temporary encroachment permit is not required for vehicular activity of less than two (2) hours, provided there is no street, lane or sidewalk closure.

2. Vehicular activity shall only occur between 7:30 a.m. and 6:00 p.m. on weekdays, and between 9:00 a.m. and 6:00 p.m. on Saturdays, and is prohibited on Sundays and on all City-observed holidays in accordance with Section 9.44.030.

3. Drivers shall comply with all traffic and parking regulations.

4. Drivers shall be available, upon request, to immediately move the vehicle to avoid blocking access to adjacent properties.

5. Vehicular activity shall not occur on the respective scheduled waste collection day for residential area districts III and IV.

6. Vehicular activity shall not occur on residential streets except directly to or from the site of construction activity or on an approved hauling route.

7. Vehicular activity shall not block access to any street, driveway or adjacent properties at any time except as authorized by a temporary encroachment permit.

8. Vehicular activity shall not impede traffic flow except as authorized by a temporary encroachment permit.

9. Where feasible, parking pads located at the construction site shall be used for loading, unloading, deliveries and hauling in order to reduce or avoid construction activity encroaching into traffic lanes.

(§ 1, Ord. 16-0020, eff. November 19, 2016; § 15, Ord. 19-0015, eff. January 1, 2020; § 13, Ord. 22-0008, eff. January 1, 2023)