Benicia Municipal Code allows work until 10 p.m. in residential areas

Benicia City Council asked staff Tuesday to “look at options” concerning construction hours, which currently are 7 a.m. to 10 p.m. seven days a week.

Benicia Municipal Code allows outdoor construction activity during those hours throughout the city, with no exceptions for residential areas.

City employees will report their findings to the Council at a future meeting.

Neighbors of 1035 West K St. who objected to dividing that parcel so four homes could be built told the Planning Commission and City Council that construction noise could go on for years.

Though the commission and Council sided with an administrative zoning decision to allow the parcel’s subdivision, Councilmember Tom Campbell recommended another look at the times during which construction is allowed.

Interim Community Development Director Dan Marks supplied the Council with construction hours in other cities for comparison — Fairfield, for example, has identical hours, and Suisun’s are the same, too, with the exception of Sunday hours: 8 a.m. to 10 p.m.

Construction hours are from 7 a.m. to dusk Mondays through Saturdays in Vacaville; 7 a.m. to 6 p.m. Mondays through Saturdays, except holidays, in Vallejo; 7:30 a.m. to 6 p.m. Mondays through Fridays and 8 a.m. to 5 p.m. Saturdays in Concord; 7 a.m. to 7 p.m. Mondays through Fridays and 8 a.m. to 5 p.m. Saturdays, Sundays and holidays in Martinez; 7:30 a.m. to 7 p.m. Mondays through Fridays and 9 a.m. to 6 p.m. Saturdays and Sundays in Pleasant Hill; and 7 a.m. to 6 p.m. Mondays through Fridays, excluding holidays, in Walnut Creek.

Marks suggested to the Council that he meet with “stakeholders” before drafting any proposed changes to the municipal code. He recommended the Planning Commission weigh in before the Council votes on the matter.

Vice Mayor Mark Hughes said “there is a fine line” between contractor construction and a homeowner making household repairs.

“Some cities don’t allow construction on Sundays,” Hughes said. But if he were a homeowner repairing a yard fence, he wouldn’t want the code to prevent his making those fixes, he added.

But Marks answered, “Construction noise is construction noise,” whether it is being created by a contractor’s crew or a property owner. Most cities don’t regulate indoor repair work, he added.

Both Campbell and Councilmember Alan Schwartzman suggested 7 a.m. to 7 p.m. as a discussion starting point.

The Council also mentioned weekend hours that differed from weekday hours, or tailoring hours to specific zoning districts.

Rather than sending city employees to individual contractor and commercial organization to hear their opinions on the matter, Mayor Elizabeth Patterson suggested the Planning Commission conduct a single study session with those who would be affected by any hours change.

“Have them come to the Planning Commission study session,” she said. “If it gets big and gnarly, we’ll be informed.”

“I would like to leave that to staff,” Hughes said, suggesting instead that city employees examine ways to reach out to affected community members.

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