STAFF REPORT
DATE: October 24, 2023
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director V IA: Fred Ramirez, Assistant Community Development Director Scott Plambaeck, Planning Manager
Amanda Landry, Principal Planner
BY: Joseph Onyebuchi, Associate Planner
SUBJECT: Discussion on Possible Construction Measures to Reduce Potential Construction Impacts to Equestrian Uses and Equines
RECOMMENDATION
1. Note and file.
2. P rovide City staff with further direction regarding any drafted measures including their potential incorporation into the City’s Objective Standards and Conditions of Approval for future construction projects in the R-1-H (Single Family Residential Horsekeeping) Zone.
BACKGROUND
On July 25, 2023, the City Council confirmed the Community Development Director’s determination for Project Number 23-0002305, a 23-unit residential condominium development pursuant to Senate Bill (SB) 35 (California Government Code Section 65913.4) at 910 South Mariposa Street (project). The City Council confirmed that the project is consistent with all the objective zoning, subdivision, and design review standards applicable to the project as well as approved the project’s SB 35 streamlined ministerial design review and vesting tentative tract map. At the meeting, members of the adjacent City of Burbank ’s Rancho community voiced concerns about potential temporary effects that construction may have on equestrian activity.
In response to these concerns, the City Council directed staff to return with a report detailing possible construction measures that the City can consider to reduce potential impacts to equestrian use and equines during construction activity.
COMMUNITY
DEVELOPMENT
2 RESEARCH
Staff contacted other jurisdictions with significant equestrian communities 1, and engaged a private consultant to identify potential best practices to address possible impacts. S taff’s research did not identify any established standards pertaining to specific measures that address construction impacts to equines or equestrian activity. Staff notes, however, that there is extensive research and literature on measures to address the impact of equestrian activity on residential neighborhoods.
Given the limited reliable data concerning measures to address construction impacts to equines or equestrian activity, the identified measures provided in this staff report fall into two categories. The first are those that are incorporated into the required construction means and method plan (Burbank Municipal Code (BMC) Section 9-1-1-107) as preexisting objective standards applicable to the project , which are required to address impacts from noise, dust, vibrations, utility shutoffs, and other construction impacts on adjacent properties and the immediate surrounding neighborhood.The second category of measures are those that have not been proven to have any effect on equestrian safety , are not a part of the City’s objective standards, and therefore cannot currently be imposed on ministerial projects including the City- approved SB 35 project at 910 South Mariposa Street.
Based on the discussions with the consultant and other jurisdictions , several areas of focus, such as noise, light, vibration, and access were identified and merit further discussion when considering the development of possible construction measures and their efficacy for projects that are in close proximity to equestrian trails, bridges, and similar pathways in the R-1-H Zone.
The areas of focus are listed below along with the significance, general strategies, and considerations for minimizing potential effects of construction on equine and equestrian activity.
1. Notification and Communication:
a. Notify local equestrian communities well in advance of upcoming construction projects, their timelines (e.g., start date, construction hours, etc.) , and potential disruptions resulting from construction vehicle access, construction noise, and limited access and any potential roadway and/or trail closures. The intent of providing enough lead time is so that equestrians can plan the appropriate times to ride as well as their alternate routes accordingly , allowing them to gain access to trails and /or bridges that connect the equestrian neighborhoods to the equestrian facilities in the surrounding area and avoid to the extent possible any activities that may impact their equines.
Communicate early and often by providing clear information in the form of mailers , flyers, and signage at the project site perimeters and at entryways to horse trails .
This information will prompt equine users about the ongoing construction activity as well as provide information on possible alternative routes and access points to equestrian trails or facilities during construction.
1 Staff engaged several jurisdictions with equestrian communities such as Thousand Oaks, Woodland Hills, Avocado Heights, Chino Hills and La Puente. Staff also engaged De Novo Town Planning, an environmental consultant.
3 2. Temporary Trail Closures and Alternate Routes:
a. Establish temporary closures of equestrian trails or routes whenever possible that are directly affected by construction activities. Clearly mark closure areas with signage.
b. Provide well -marked and safe alternative routes for equestrian users to navigate around construction zones.
3. Noise Management:
a. Implement noise reduction measures such as barriers or sound walls (e.g., eight- foot-tall fencing with sound blankets), rubberized mats on the bed of trucks picking up construction debris and materials, and rubberized mats as flooring in areas where construction materials are being staged onsite. This would minimize construction- noise that may startle horses.
b. Use construction vehicles with noise reducing mufflers and preclude the use of construction vehicles with loud exhausts.
c. Equip construction equipment with more effective mufflers, sound- insulating hoods or enclosures, vibration dampers, and other best available control technology (BACT).
4. Visual Barriers:
a. Use visual barriers, like construction screens or fencing (e.g., screen and fencing that is a minimum of 8 feet in height), to shield construction activities from the view of horses and equestrians to the greatest extent possible.
5. Construction Worker Training and Education:
a. Provide a pre-construction educational meeting for construction workers so that they are informed about the presence of horses and the potential startling of animals from construction activities around equestrian trails or areas.
b. Implement safety measures, such as secure fencing and signage, to prevent horses from accidentally entering construction zones.
c. Providing flagmen as required by the City Engineer and/or their designee at the entrances to the construction site to be able to monitor construction, vehicle staging, and access to the site, as well as monitor neighborhood pedestrian, equestrian, and vehicular traffic that may be entering the immediate vicinity of the construction site.
6. Monitoring and Feedback:
a. Establish a feedback mechanism such as a dedicated phone line or email address for equestrian users and residents to report issues or concerns during construction 4 to onsite supervisory personnel and City inspectors to respond promptly to address any emerging problems.
b. Post signs with pertinent contact information on the construction site and along trails to report issues to the onsite s uperintendent as well as the City building and code inspectors.
CONSTRUCTION MEASURES
Citywide Objective Standards and Conditions of Approval The previously noted measures are not incorporated into Citywide objective standards and therefore cannot be required of any construction project including the current developer/applicant for the 910 South Mariposa Street project. S taff recommends the previously noted measures be evaluated as part of a future planning effort such as the City of Burbank Rancho Neighborhood Specific Plan which will include public input from the various community stakeholders in the City (e.g., residents, contractors, architects and real estate agents). If the noted measures are supported through that effort, the specific plan formulation and adoption process will allow future consideration of these types of measures as possible objective development standards for construction projects that are in proximity to established horse trails or bridle paths in the specific plan area including the existing R-1-H Zone.
Construction Measures for 910 South Mariposa Street
It is important to note that the Construction Management Plan (CMP), referred to in Condition 27 of Exhibit A to the approved Resolution (23-29,451) is a reference to the construction means and method plan identified in BMC Section 9-1-1-107 and discussed previously (Attachment 2). Condition 27 requires the applicant to provide a CMP that addresses, among other things, construction staging, traffic coordination, construction haul routes information, and the identification of a construction contractor/subcontractor. Though the previously listed are items generally covered in BMC Section 9-1-1-107(B)(1), the BMC does not provide specific measures nor objective standards to address these types of construction impacts. Additionally, under the current BMC, the developer must create the plan and submit it to the City. Therefore, the City is unable to require any specific measures but can make suggestions to the developer for how to mitigate noise, dust, vibrations, utility shutoffs, and other construction impacts on the immediate surrounding neighborhood.
Based on the previously discussed research on possible measures to alleviate construction activities’ potential affects to equine uses around this project, and with City Council approval, staff would propose presenting the following construction measures to the developer for their consideration. To the extent the developer objects, they may do so unless the construction measure is also a preexisting objective standard that applied to this project when the developer submitted its Notice of Intent (NOI) to submit an SB 35 application. Additionally, if the developer objects, the City can only implement measures that are completely within the City’s control (i.e., measures that are completely within City-owned right-of-way or do not otherwise encroach on the developer’s private property or impede their ability to undertake the construction activity for which a building permit is issued. Anything beyond an objective standard that existed as of the date of the NOI submittal must be paid for by the C ity. Staff has included estimated costs associated with each of the voluntary construction measures. 5 1. Required Construction Measures per Existing Objective Standards
a. Post signs on the construction site visible from adjacent right-of-way with pertinent contact information to report issues to the onsite Superintendent as well as the City building and code inspectors (BMC Section 9-1-1-105(C)(1)(m)).
b. Condition of Approval Numbers 32 and 33: Designate a Superintendent or similar position (Noise Disturbance Coordinator) and create a telephone hotline and email address to reach this person, with contact information conspicuously posted around the p roject site, in adjacent public spaces, and in construction notifications. If the Superintendent hotline is not staffed 24- hours per day, the hotline shall provide an automatic answering feature, with date and time stamp recording, to answer calls when the phone is unattended. The Superintendent shall be responsible for responding to any local complaints about construction activities associated with the proposed project.
The Superintendent s hall investigate, evaluate, and attempt to resolve noise complaints related to construction activities of the p roposed project. The Superintendent shall coordinate with a designated construction contractor representative to implement the following:
1. Document and respond to each noise complaint.
2. Attempt to contact the person(s) making the noise complaint as soon as feasible and no later than one construction day following receipt of the complaint.
3. Conduct a prompt investigation to attempt to determine if construction activities related to the p roject contribute a substantial amount of noise related to the complaint.
2. Voluntary Construction Measures for Consideration
a. Distribution of a mailer (at least 30-days in advance of any construction activity) notifying all R-1-H zoned property owners and Rancho residents of the imminent construction at 910 South Mariposa Street, the projected construction schedule including estimated start and end dates, as well as recommended alternative routes (noted on an accompanying map) for equestrian activity to occur (Attachment 1). Estimated cost for mailer preparation and distribution: $10,000 to $15,000
b. Ensure that construction workers are educated about the presence of horses and are cautious around equestrian trails or areas.
6 c. Implement safety measures at all times to prevent horses from acc identally entering construction zones such as secure fencing, signage, and monitoring.
d. Installation of signage at the intersections of Riverside Drive and South Mariposa Street, Dincara Road, and South Mariposa Street, Morningside Drive and South Mariposa Street, Beachwood Drive and West Valley Heart Drive as well as the Mariposa Bridge and West Valley Heart Drive (Attachment 2) indicating construction at 910 South Mariposa Street. Estimated cost: staff , employee, and/or consultant time to install signage at designated locations: $2,000 to $4,000
1. The signage would inform riders that they are entering an area where construction activity is occurring and loud and abrupt noises from construction equipment and vehicles c an occur at any time and prompt equestrian to proceed with caution and encourage them to use an alternative route/detour as noted on an accompanying map.
2. Install signage on Mariposa between Dincara Road and Valley Heart Drive to encourage riders to dismount and walk their horses while in this vicinity during the duration of construction activities.
e. Install signage at the rear property line facing the Los Angeles Equestrian Center informing approaching equestrians of ongoing construction activities and encouraging them to take an alternative route or to dismount and walk their horse until they have passed the construction activities area. This measure would be installed on the project site, and therefore requires project owner’s approval.
Estimated cost: staff, employee, and/or consultant time to install signage a t designated locations: $2,000 to $4,000
f. Provide informatio n to the City of Los Angeles Parks and Recreation staff overseeing the Los Angeles Equestrian Center of the ongoing construction activity so they can proactively inform equestrians on their property of alternative routes or to use caution during the anticipated construction period. Estimated cost: staff and employee time: $1,000
g. Installation of Sound Transmission Class ( STC) rated Sound Blankets and perimeter fencing or similar support barrier with a minimum height of eight feet along the perimeter/property line of the construction site. This measure would be installed on the project site, and therefore requires project owner’s approval.
Estimated cost: $80 per linear foot or a total cost of approximately $160,000
h. Installation of rubberized mats inside the dump trucks to be used during demoliton to avoid metal clanking/abrupt sound from debris hitting dump trailer.
This measure affects construction operations, and therefore requires project owner approval. Estimated cost: $6.43/square foot or $198/rubberized mat
7 i. Installation of rubber mats at staging of construction material including metal piping in the event pipes or other material fall onto the ground to reduce the resultant instantaneous noise. This measure affects construction operations, and therefore requires project owner approval. Estimated cost: $6.43/square foot or $198/rubberized mat
j. Installation of aftermarket mufflers on motorized construction vehicles to further reduce the heavy equipment noise levels. This measure affects construction operations, and therefore requires project owner approval. Estimated cost:
$250/vehicle
k. Provision of quiet rated generators or generators that have temporary sound barriers surrounding them during their operation. This measure would be installed on the project site, and therefore requires project owner’s approval. Estimated cost: $11,000
l. Providing for flagmen at the entrances to the construction site to be able to monitor construction and neighborhood traffic in addition to being able to monitor equestrian traffic that may be entering the immediate vicinity of the construction site so as t o eliminate potential conflicts between pedestrian, equestrian, and vehicles. Ensure consistency between this measure and the truck haul route plan reviewed and approved by the City Engineer and City Traffic Engineer. Estimated cost: $30/hour for one flagman.
ENVIRONMENTAL REVIEW
Review of this report and any direction to seek implementation of voluntary measures has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs. § 15378. Furthermore, the review of construction management plan measures and any voluntary measures that could be undertaken as part of the development project located at 910 S outh Mariposa is not subject to CEQA because CEQA does not apply to projects qualifying for the Streamlined Ministerial Approval Process pursuant to CEQA Guidelines Section 15268, or the ministerial review and approval of a subdivision application pursuant to Government Code 65913.4(d)(2).
FISCAL IMPACT
Except for the required measures that are part of the City’s objective standards and Conditions of Approval for a project, all other voluntary-noted measures will only be possible if volunteered by the developer for inclusion in the project’s CMP. Item number 2a involves the distribution of a mailer notifying all R -1-H zoned property owners and Rancho residents of the imminent construction and is estimated to cost approximately $10,000 to $15,000 . Item number 2d involves the installation of signage in the public right of way and onsite with the cost estimate for the development of the flyer, signage and the mobilization of personnel to install sign posts and the signage itself are estimated to cost approximately $2,000 to $4,000 in addition to staff and employee time. Item number 2e, the installation of signage at the rear property line facing 8 the Los Angeles Equestrian Center is estimated to cost $2,000 to $4,000 in addition to staff and employee time. Item number 2f which recommends providing information to the City of Los Angeles Parks and Recreation staff overseeing the Los Angeles Equestrian Center construction activity is estimated to cost $1,000 in addition to staff and employee time. Item number 2g related to the installation of sound blankets and perimeter fencing is approximately $80 per linear foot or a total of $160,000. Item number 2h recommends the installation of rubberized mats on the ground in the construction material staging area and on dump trucks and is estimated to cost $ 6.43 per square foot or $198 per rubberized mat . The u se of construction vehicles with aftermarket mufflers, recommened in item number 2j, is estimated to cost $250 per vehicle. This would be a one-time cost to purchase the mufflers. The cost of installation is currently unavailable. Finally, item num ber 2k related to the provision of quiet rated generators to be installed on the site is estimated to cost approximately $11,000.
It is important to note that all the above costs are estimates only . Final costs would be established following a procurement process.
CONCLUSION
Clear communication with equine owners about the temporary construction impacts associated with the approved project, coupled with encouragement to avoid the area and use alternative access points to equestrian facilities and trails and paths will ensure that owners will be able to make appropriate choi ces to protect their equines and limit the equine exposure to any construction related activites. Any measures identified herein that the City Council would like to implement for future projects could be considered as part of a future Burbank Rancho Neighborhood Specific Plan. As previously noted, this future planning process would include public engagement with all stakeholders and consider future impacts to property owners, residents, and associated construction activity that could be affected in the form of feasibility to implement, added costs, and potential extended time to complete as a result of any adopted City objective standards.
Furthermore, City s taff has identified construction measures in this report that may help address potential construction impacts on equestrians and equestrian activity from projects that are in proximity to trails and other equine pathways in the Burbank Rancho Neighborhood, which includes the previously approved SB 35 project located at 910 South Mariposa Str eet.
Based on City Council direction, staff can approach the project developer for possible consideration of these construction measures into the future Construction Management Plan .
If agreed to by the developer, such measures would be included and implemented at the City’s expense.
ATTACHMENTS
Attachment 1 – Conceptual Map of Alternative Routes
Attachment 2 – Resolution No. 23-29,451