Benicia Planning Commission will decide Thursday whether to recommend the city shorten its construction hours in residential areas.

A spotlight was put on the city’s generous construction hours in neighborhoods Oct. 28 during one of several public hearings on a successful request to subdivide 1035 West K St. into four parcels.

Those who opposed the request told the Planning Commission and, later, the City Council that they would find the construction disturbing, despite city code allowing such work from 7 a.m. to 10 p.m. nearly every day.

At its March 3 meeting, the Council agreed that the hours were too long and asked city employees to draft an amendment to the regulations.

Staffers have drafted a change to Section 8.30.150 of the Benicia Municipal Code to reduce construction hours to 7 a.m. to 7 p.m. weekdays and 8 a.m. to 6 p.m. weekends in residential zones, downtown mixed-use districts and properties within 500 feet of residential or downtown mixed-use areas.

In a report to the commission, Senior Planner Suzanne Thorsen wrote that the Community Development Department gets calls each week related to construction noise and its allowable hours.

In particular, those living near 1035 West K St. “indicated that noise in the early morning and evening hours, especially until 10 p.m. and on weekends, would significantly disturb their peace and well-being,” she wrote.

After the Council’s decision to initiate the zoning amendment, city employees posted notices of the proposed change, which Thorsen wrote was widely distributed beginning April 20.

No one has spoken in opposition to the change. Thorson wrote that the sole comment about the matter favored the reduced hours.

Susan Bavlish, who said she has lived in Benicia more than 25 years, wrote Thorsen to suggest 9 a.m. to 6 p.m. as new hours. “I don’t know of another city that allows residential construction at 7 a.m.,” she wrote, adding that she has witnessed such work starting as early as 6 a.m.

“I always attributed this allowance to the fact that the builders were key as they were helping filling coffers,” she wrote. “Let’s hope that since we are pretty much built out, that this will change and allow the citizens to get some sleep. Who on earth likes to hear banging, breaking up concrete or loud personnel anyway and especially at 6 to 7 a.m.? Let’s be practical and choose new hours wisely.”

However, in Solano County, construction hours in several cities begin at 7 a.m., Thorsen wrote, providing examples:

• The most generous hours for building in residential areas belong to both Benicia and Fairfield, which allow the work to take place from 7 a.m. to 10 p.m.

• In Rio Vista, such construction can take place from 7 a.m. to 7 p.m. Mondays through Saturdays with no Sunday hours.

• In Vacaville, construction may start at 7 a.m. Mondays through Saturdays, but must conclude a half-hour after sunset.

• Suisun City allows construction from 7 a.m. to 10 p.m. Mondays through Saturdays, but limits it to 8 a.m. to 10 p.m. Sundays.

• Dixon is considering changing its residential construction hours to 7 a.m. to 7 p.m. Mondays through Saturdays excepting holidays.

• Vallejo allows construction in residential areas from 7 a.m. to 6 p.m. Mondays through Saturdays except holidays.

Across the Carquinez Strait, Martinez allows construction in residential areas from 7 a.m. to 7 p.m. Mondays through Fridays and 9 a.m. to 5 p.m. Saturdays, Sundays and holidays. In Concord, the hours are 7:30 a.m. to 6 p.m. Mondays through Fridays and 8 a.m. to 5 p.m. Saturdays.

“The proposed amendments would not affect the noise regulations for outlying industrial and commercial areas and would apply to only those areas within 500 feet of a residential district or downtown mixed-use district,” Thorsen wrote.

The commission’s decision will be sent to the Council for consideration.

Another matter the commission will consider Thursday is its own rules and procedures.

Commissioner Steve Young said last month he felt strongly those rules need re-examination.

In fact, he called for a vote May 14 in hopes of getting others’ support in putting the matter on the agenda as soon as possible.

However, he declined that night to tell either the other panel members or city employees any specific concerns he had, saying he would air those thoughts when the matter became an agenda item.

The commission agreed the issue was a work plan top priority.

Principal Planner Amy Million wrote June 1 the panel would discuss, review and take public testimony on the commission’s rules and procedures the panel uses to conduct business.

In 2008, city employees consulted with the City Attorney’s Office to prepare the commission’s first draft of rules and procedures. The document was adopted Dec. 11, 2008, Million wrote.

The commission’s rules and procedures are contained in a seven-page document that, after an introductory explanation, define the panel’s officers and their duties and establish that meetings will take place at 7 p.m. the second Thursday of the month in compliance with both the California Brown Act and Benicia’s Open Government Ordinance, both of which encourage and assure public access to governmental procedures.

The rules and procedures provide for other contingencies like special meetings, as well, and establish the panel’s agenda format, requirements of minutes, requirement for public comment, how meetings are to be documented and a meeting’s rules of order.

The rules also explain how the commission’s own deliberations are to take place. They define how a commissioner is to declare a conflict of interest, and they also explain how motions can be reconsidered, how matters can be tabled, how a commissioner can call for a vote or how an item can be continued to a specific date.

Commissioners and members of other panels are required to sign that they have read and understand the rules and procedures.

In open government training sessions, the commission has received multiple guidelines about how hearings should be conducted. Among them are Benicia Municipal Code Title 4, the Open Government Ordinance, and the City Council’s Code of Conduct, Million wrote.

“Any changes to the Planning Commission’s Rules and Procedures must be consistent with the city’s Open Government Ordinance, any other City Council-adopted policies as well as applicable state and federal laws,” she wrote.

The Planning Commission will meet at 7 p.m. Thursday in the Council Chamber of City Hall, 250 East L St.