Construction rules tightened: Burlingame building activity prohibited on Sundays, holidays and must start later on weekdays

Officials agreed such a policy amendment was necessary to grant residents some respite from the noise and nuisance which can come along with living near a work site.

Mayor Ann Keighran, who requested the issue be brought before the council, indicated she felt the update was overdue, as residents have long expressed frustrations to her that building was allowed every day, and so early in the morning.

“I have been hearing these issues for a few years now, so I’m at the point where we really need to do something,” she said.

Councilwoman Donna Colson said the issue has become a severe point of contention throughout the community, as many residents feel they cannot enjoy their days off of work at home with their families while inundated with construction noise.

“Literally, people are leaving Burlingame for it,” she said.

City Attorney Kathleen Kane said as home renovation and building in Burlingame has become increasingly common in recent years, more residents have taken issue with the seemingly ceaseless sound pollution generated at job sites.

One of the most common complaints has been from those living near places where construction crews begin to congregate early in the morning before starting work, she said.

Trucks unloading materials before 7 a.m., or workers arriving at a job site and holding loud conversations will hopefully become less frequent under the amended policy, said officials, which could grant residents more relief from what has been a source of annoyance for many in residential neighborhoods across the city.

Councilmembers worked to ensure the policy was not too far reaching though, in an effort to preserve the ability of property owners to do minor repairs and work on their home without violating a city ordinance.

Councilman Michael Brownrigg said he supported the new policy, but felt it was important residents still be allowed to work on home improvements over a weekend such as rebuilding a fence, or similar projects which do not require pulling a city permit.

Councilwoman Emily Beach had suggested property owners who live in their Burlingame homes and work on projects without the assistance of a crew be exempted from the amendment, but ultimately Keighran said she believed such an exception may cause headaches for city officials attempting to enforce the policy.

Under the council’s decision, the permitted construction hours will be similar to those in nearby communities such as San Carlos and Belmont, where weekday work is not allowed to begin until 8 a.m. and construction is prohibited on holidays, according to a city report. Belmont also does not allow work on Sundays, while it is allowed in San Carlos over a limited portion of the day.

Keighran said she believed the similar ordinances in nearby cities could serve as a precedent for Burlingame.

“It’s not like something outrageous we are asking for here,” she said.

Under the decision, city staff will work to draft an amended policy and bring it back for formal approval once the council reconvenes after its annual summer break, said Kane.

In other business, Kane explained that Burlingame police officers have not been enforcing a law prohibiting people from sleeping in their cars.

A similar law in Southern California is being challenged under allegations that it unfairly discriminates against the poor, and Burlingame officials have agreed to postpone applying the ordinance until the issue is resolved, said Kane.

The ongoing housing crunch and affordability crisis also influenced the city’s position, as some may struggle to afford the cost of living locally and officials are looking to avoid compounding the difficulties residents are experiencing, said Kane.

“As a society, we don’t want to criminalize the status of being poor,” she said.

Discussion of the issue was scant, but Brownrigg indicated he believed the decision was sound policy.

“I’m glad we will not be enforcing this rule,” he said.

austin@smdailyjournal.com

(650) 344-5200 ext. 105