CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.2 STAFF REPORT May 6, Staff Contact: Fred Buderi (707)

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1 CITY OF VACAVILLE PLANNING COMMISSION Agenda Item No. G.2 STAFF REPORT May 6, 2008 Staff Contact: Fred Buderi (707) TITLE: KAK AUTO SALES CONDITIONAL USE PERMIT MODIFICATION - AUTO AUCTION SALES REQUEST: APPLICATION FOR MODIFICATION TO AN APPROVED PROJECT TO PERMIT TWICE MONTHLY AUCTION SALES OF USED AUTOMOBILES ON A PORTION OF AN 8.05-ACRE SITE AT 630 ORANGE DRIVE WITHIN THE SONRISE PLAZA CENTER. RECOMMENDED ACTION: STAFF RECOMMENDS THAT THE PLANNING COMMISSION APPROVE THE CONDITIONAL USE PERMIT MODIFICATION FOR KAK AUTO SALES AUCTIONS, SUBJECT TO THE RECOMMENDED CONDITIONS OF APPROVAL. APPLICATION INFORMATION APPLICATIONS: Conditional Use Permit FILE NO: File No APPLICANT: Kevin Kaufmann PROPERTY OWNER: Sonrise Church PROPERTY INFORMATION LOCATION: 630 Orange Drive ASSESSOR S PARCEL NUMBER: , -030 SITE AREA: 8.05 acres (350,658 square feet) ZONING DISTRICT: CG (General Commercial) GENERAL PLAN LAND USE DESIGNATION: General Commercial CURRENT LAND USE: Developed with a freestanding church building, a multitenant retail building and a freestanding pad building containing a banquet facility. ADJACENT ZONING & USE: All parcels to the north, south, east and west are zoned General Commercial and are developed with a variety of retail and restaurant uses. PROJECT SUMMARY SITE AREA: 350,658 square feet BUILDING FLOOR AREA: 61,050 square feet FLOOR AREA RATIO (FAR): NUMBER OF BUILDINGS: Three PARKING: Required: 478 stalls for shopping center 16 stalls for existing auto sales use Provided: 560 stalls for shopping center 16 used by auto sales use

2 BUILDING SETBACKS: BUILDING HEIGHT: EXTERIOR BUILDING MATERIALS: ACCESS: UTILITIES: Front: 40 feet minimum from property line Rear: 46 feet minimum from property line Side: 20 feet minimum from western property line 46 feet minimum from eastern property line feet to highest point of roof peak (single-story) Tilt-up concrete construction with stucco, stone, metal and glass accents Via two driveways off Orange Drive and one driveway off Orange Tree Circle City utilities serve the site PROJECT DESCRIPTION This project proposes to establish a used car sales auction use for twice monthly auto sales on the site. The use would occur every other weekend with automobile display beginning on Fridays for customers to view vehicles, and sales taking place on Saturday from 10 a.m. to 1 p.m. and automobiles removed from the site following the sales. Sold cars that are not taken on Saturday would be moved to a rear parking lot on the site for storage or delivery by the following Tuesday. All auction vehicles would be removed from the site by the following Tuesday. All vehicles would be in operable condition. A minor percentage (maximum 10%) of vehicles might be non-automobile items such as motorcycles, jet-ski's or boats. No repair or cleaning/detailing would occur on this site. KAK Auto Sales currently uses one tenant space in the building on the site and utilizes a maximum of 13 parking spaces adjacent to Orange Drive for a designated display area for cars. PREVIOUS ACTIONS November December 1989 The Planning Commission approved the Orange Tree Commercial Center Conditional Use Permit (CUP 15-89). November 1991 The Planning Commission approved the Orange Tree Commercial Center Planned Sign Program The Planning Commission approved revisions to the Orange Tree Commercial Center Planned Sign Program, which included approval of the existing ground sign adjacent to the main access driveway off Orange Drive. January 2006 The Planning Commission approved a new Planned Sign Program, including two monument signs for the newly renamed Sonrise Plaza Shopping Center. May 2006 The Planning Commission approved the Conditional Use Permit for KAK Auto Sales (please see attached conditions of approval). May 2006 The Planning Commission approved the Conditional Use Permit for the Martera Banquet Facility in the same commercial complex as KAK Auto Sales.

3 PROJECT ANALYSIS COMPLIANCE WITH CITY ORDINANCES AND ADOPTED POLICIES: 1. A Conditional Use Permit Modification is required for the proposal. Used car sales lots, such as KAK Auto Sales, are conditionally permitted uses within the Orange Tree Business Park Policy Plan area and require approval of a Conditional Use Permit. The proposed project would modify the operating conditions approved for the use. Since the Planning Commission was the original decision-maker for the project is subject to approval by the Commission. 2. Off-street parking requirements. The Land Use and Development Code parking standards specifically identify the nature of the proposed use as Used Automobile Sales. Based on this definition, the original use was required to provide one parking space for each car to be displayed and one parking space for each 300 square feet of office and/or administration area. The use has a maximum of 13 automobiles for display at any given time. The tenant space is approximately 900 square feet, which requires three parking spaces. The applicant proposes to use up to 60 parking spaces for this temporary, periodic display of vehicles. Again, the parking would be used from Friday until Saturday afternoon. After that time, any remaining vehicles on the site would be kept in the rear parking area (please see exhibit) and located to prevent any conflicts with other on-site parking needs on Saturday nights or Sunday mornings. The total parking provided on this site is 560 spaces. The conditional use permit for the banquet facility (Martera Banquets, File No ) requires that use to provide a minimum of 119 spaces. The applicant and landlord have agreed that the proposed action sales use is subject to the landlord s requirements for maintaining convenient parking for the Martera Banquet facility. The applicant has agreed with the owner to relocate vehicle display area if the banquet facility should have a concern about any scheduled event needing additional parking in the display area shown on the proposed plans. The proposal for auto auctions has the potential to conflict with Friday evening and Saturday afternoon and evening activities at Martera Banquet. However, because the church and most other uses on the site are not operating at their peak during that time, the site will retain adequate parking for all uses expected to be operating, including the minimum of 119 parking spaces required for the banquet facility either directly in front of or close to the banquet facility. Staff has reviewed this requirement with the owners property manager to verify that the owners are satisfied with this arrangement and have included this in their proposed lease with the auto sales operator. The original approval for the auto sales use noted that "the proposed use is to be open at the opposite times of the day of most church functions, as well as, opposite times of day when the proposed banquet facility use will have events scheduled, which will create additional overflow parking areas if necessary. Staff believes the location of the automobile display area is appropriate based upon the owner and operator discussions that will provide for flexibility to move the auto display if necessary through direct discussions between the affected parties. The auto sales use has been operating since Staff is not aware of any incompatible operating characteristics from the use and there have been no observed violations of the adopted conditions of approval. LAND USE COMPATIBILITY: 1. Neighborhood Notice and Concerns Public Hearing notices regarding this project were sent out to all property owners and occupants within a 600-foot radius of the project site. As of April 30, 2008, no comments have been received by the Planning Division. The application is signed by representatives of the property owners, the Sonrise Church who have also negotiated proposed lease requirements for the use

4 that will include the operator s obligation to clean the site and to move vehicles if needed to provide additional parking space for other uses within the shopping center. 2. Adjoining Land Uses The project site is located within an existing shopping center that also includes three churches, other car sales and car rental uses, several smaller retail businesses and the Martera Banquets facility. Part of the original approval for the shopping center site included a three-story office building, which has yet to be constructed. There is an existing residential neighborhood located to the south of site, while the remaining surrounding uses are a variety of retail, convenience, personal service and automotive uses, all of which are similar to the uses currently occupying the existing shopping center. Staff believes the proposed use will be compatible with the surrounding uses as it is proposed only for periodic operation, is similar to other automobile sales uses and staff is unaware of any major issues or concerns related to this operation. PROJECT DESIGN DISCUSSION: 1. Signage No signage information was provided as part of the application submittal. Therefore, no signage will be approved as part of this action. A separate permit must be submitted for all signage through the Building Division, including for temporary signs if desired. Staff is recommending a Condition of Approval requiring all new signs to comply with the City s Sign Ordinance and to be subject to City Planner review and approval. Additionally, staff is recommending a Condition of Approval prohibiting the use of any signage, other than the signage required by the DMV that provides the vehicular description and specifications, from being utilized on the vehicles, site, and any buildings or within any building windows or landscaped areas. All temporary signage, including but not limited to balloons, inflatable devices, banners, flags and the like have also been conditioned per the requirements of the City s Sign Ordinance. 2. Automobile Preparation The applicant has noted in the application materials that no auto repair or auto serving work, nor auto washing or detailing will be done at this site. The existing conditional use permit was also approved with this limitation. There have been no reports of violations of this condition for this use. Staff recommends a condition of approval verifying the prohibition on these activities. ENVIRONMENTAL REVIEW 1. The project qualifies for a Categorical Exemption Pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended, and pursuant to Section "Existing Facilities, the project is classified as a Class 1 Categorical Exemption, and therefore, no further environmental review is required. RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No , approving the Conditional Use Permit Modification for KAK Auto Sales Auctions, subject to the conditions of approval attached as Exhibit A. EXHIBITS: Exhibit A Project Plans & Description Exhibit B Location and Zoning Map Exhibit C Planning Commission Staff Report

5 RESOLUTION NO RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VACAVILLE APPROVING THE CONDITIONAL USE PERMIT MODIFICATION FOR KAK AUTO SALES AUCTIONS AT THE SONRISE PLAZA SHOPPING CENTER WHEREAS, the Planning Commission of the City of Vacaville conducted a hearing on May 6, 2008, to consider a request for a Conditional Use Permit Modification for KAK Auto Sales Auctions at the Sonrise Plaza Shopping Center, relating to the following described property: 630 Orange Drive APN s: , -030 WHEREAS, the public hearing before the Planning Commission was duly noticed in accordance with applicable state law and the Vacaville Land Use and Development Code requirements; and WHEREAS, the Planning Commission received testimony from City staff, the applicant and interested persons regarding the proposed project; and WHEREAS, all those in attendance desiring to be heard were given the opportunity to submit written and/or oral comments at the hearing; and WHEREAS, the Planning Commission determined that pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended, and pursuant to Section "Existing Facilities, the project is classified as a Class 1 Categorical Exemption, and therefore, no further environmental review is required; and WHEREAS, the Planning Commission has reviewed the written record for this project and heard testimony regarding this proposal at a duly noticed public hearing, and on the basis of the factual information provided, the Planning Commission approves the Conditional Use Permit Modification for KAK Auto Sales Auctions at the Sonrise Plaza Shopping Center with the following findings: A. The conditional use permit modification does not require the complete redesign and resubmittal of the original project; B. The conditional use permit modification is consistent with the original project; C. The conditional use permit modification does not result in lack of compliance with the development standards approved with the original project; D. The conditional use permit modification is consistent with the findings for a design review approval; and E. The conditional use permit modification is consistent with the goals, objectives and policies of the General Plan, Zoning Ordinance, and Development Code. NOW, BE IT RESOLVED, that the Planning Commission does hereby approve the Conditional Use Permit Modification for KAK Auto Sales Auctions at the Sonrise Plaza Shopping Center, subject to the conditions of approval in Exhibit A, attached hereto and incorporated herein by reference. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the Planning Commission of the City of Vacaville, held on the 6 th day of May,

6 2008, by the following vote: AYES: NOES: ABSENT: Commissioners Commissioners Commissioners ATTEST: Scott D. Sexton, Director of Community Development

7 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT FOR KAK AUTO SALES AUCTIONS AT THE SONRISE PLAZA SHOPPING CENTER File No I. Standard Conditions of Approval: The applicant shall comply with the applicable Standard Conditions of Approval for Nonresidential Development. In the event of a conflict between the Standard Conditions of Approval and these Conditions, these conditions shall prevail. II. Standards Provided as Information to Applicant: The applicant shall comply with the applicable standards provided as information to applicant. III. Project-Specific Conditions: The applicant shall comply with the following Project-Specific Conditions: PLANNING 1. This action approves a Conditional Use Permit Modification for KAK Auto Sales Auctions and includes a used automobile auction every other Saturday as described on the application dated 4/21/08 on an 8.05-acre site at 630 Orange Drive within the Sonrise Plaza Shopping Center, APN s , -030, including as follows: a. Auction operates every other Saturday; b. Hours of operation shall be as stated on the application form including auction time of 10 a.m. to 1 p.m. on Saturday. c. Vehicles to be moved to the rear storage area following sales activity on Saturday afternoon. d. A maximum of 42 vehicles may be stored in the rear parking area until Tuesday as requested. All other vehicles shall be removed from the site on Saturday. 2. All plans submitted for construction permits shall conform to the approved project plans date stamped received April 21, 2008, and on file with the Planning Division. 3. A maximum of 60 automobiles may be displayed for the auction use, with a maximum of 10% of this number being non-automobile vehicles within the parking spaces allocated specifically for this use as shown on the approved project plans date stamped received April 21, 2008, and on file with the Planning Division. The location of display spaces may only be altered through agreement with the site owner and subject to an approved Modification application, except as follows: a. The vehicle display area may be revised to the east side of the vacant building pad (grassy area) at the discretion of the site owner and the operator if required to prevent conflicts with the banquet facility parking needs on an event-by-event basis. No additional City review would be required for this type of alteration to vehicle display area. 4. No automobile cleaning, washing, preparation, nor any auto servicing or repair work, shall occur on site at any time. All vehicles shall be in operable condition, free of any major body damage or visible repair work and clean and ready for delivery. Minor cleaning of road dust may be performed on cars parked for display provided there is no connection to on-site water for this purpose. 5. No automobiles shall be displayed within any landscaped areas or any other areas other than those designated parking spaces on the approved project plans on file with the Planning Division. 6. All new signs shall comply with the City s Sign Ordinance and shall be subject to City Planner

8 review and approval. 7. No other signage, other than the signage required by the DMV that provides the vehicular description and specifications, shall be utilized on the vehicles, site, and any buildings or within any building windows or landscaped areas. 8. All temporary signage, including but not limited to balloons, inflatable devices, banners, flags, et cetera shall not be utilized unless specifically permitted by the City s Sign Ordinance and/or all required permits receive Planning Division review and approval. 9. There shall be no use of amplified sound outside on this property. 10. There shall be adequate lighting of vehicle storage areas as determined by the Police Department prior to initiating auction sales uses. 11. This Conditional Use Permit Modification shall be subject to review and modification by the City should construction on the vacant pad site be requested by the site owner and/or should the existing uses within the commercial center be modified in a manner that would require additional parking to be available at the times the auction sales are approved for operation. The City would review this condition as part of any design review, conditional use permit or other discretionary action requested for other uses on this site.

9 STANDARD CONDITIONS OF APPROVAL FOR NON-RESIDENTIAL DEVELOPMENT (Conditional Use Permits, Design Review) CODE & POLICY REQUIREMENTS - Not Subject to Modification through Conditional Use Permit or Design Review PLANNING DIVISION 1. The development shall comply with all applicable provisions of the Vacaville Municipal Code (Zoning, Subdivision, Building Codes, etc.), Vacaville General Plan and any applicable policy or specific plan. 2. All signs are subject to design review approval and require a separate sign permit. The required sign plan(s) shall indicate sign location, size, height, materials, colors, lighting, and other pertinent information required to insure conformance with the provisions of Section of the Municipal Code. 3. An avigation easement, in a form acceptable to the Community Development Director, shall be dedicated prior to the issuance of any building permits. The easement shall provide for the right of aircraft overflight and related noises, and for the regulation of light emissions, electrical emissions, or the release of substances such as steam or smoke which could interfere with aircraft operations. The easement shall be in accordance with the Nut Tree Airport Compatibility District. 4. The development shall comply with the City's Creekways Policy as adopted by Resolution J-5 or any subsequent update. This includes provisions for the dedication of 40 feet from the top of stable bank along the major creeks for the purposes of maintenance and public access. 5. All parking spaces shall comply with standards for adequate depth, width, and turning radius as set forth in Chapter of the Zoning Code and comply with the Parking and Loading Design Guidelines. 6. All parking and parking lot/building access shall comply with the California State Accessibility Standards (Title 24, CCR: California Building Code). 7. No building permit shall be issued unless: - Fire Chief reviews and finds site/building plans conform to Uniform Fire Code. - Building Official reviews and finds compliance with Ordinance 15.28, Uniform Building Code and all adopted Appendix Chapters as amended and stated in Title 15 of the City of Vacaville Municipal Code. 8. All landscaping shall comply with the City's Water Efficient Landscaping Regulations. 9. The development shall comply with City Building Security Ordinance No development shall commence construction until the developer receives a building permit and pays all applicable fees paid, including development impact fees in accordance with Chapter 11 of the Vacaville Municipal Code. 11. Prior to any grading activity, a grading permit shall be issued and all applicable fees paid. 12. A building permit will not be issued unless all plans are consistent with the provisions of the Zoning Ordinance and/or the Development Code, Title 14, as applicable, and all conditions of

10 approval. 13. In case of exceptional circumstance, the Community Development Director shall be authorized to defer completion of on-site improvements past the date of occupancy of the proposed facility provided that the developer enter into a Deferred Improvement Agreement with the City of Vacaville and provided that the developer post with the city of Vacaville adequate securities to ensure completion of such deferred improvements. 14. Modifications to the approved plans may be approved by the Community Development Director in accordance with Resolution No S Should archaeological remains or artifacts be encountered during any phase of construction, land alteration work in the general vicinity of the find shall be halted and a qualified archaeologist and the Community Development Director shall be notified immediately. Work on the project shall not be resumed until a mitigation plan with adequate measures for site protection is reviewed and approved by the Community Development Director. 16. Submittal of plans, studies, and other information is the sole responsibility of the property owner and designee. 17. Failure of the project applicant to comply with the conditions of approval may result in revocation of the project approval. DEVELOPMENT ENGINEERING DIVISION 18. All proposed public improvements shall conform to the City Standard Specifications as adopted September 11, These improvements (including sewer and water services) shall be shown on the building permit plans and must be approved by the City Engineer prior to the issuance of a building permit. 19. The developer shall not commence any work within the public right-of-way or construct any public improvements until the City Engineer issues and encroachment permit. The developer will provide a deposit for the improvements and pay Plan Check and Inspection Fees in accordance with Ordinance The developer shall post a construction clean-up deposit in accordance with Resolution 1986-F The developer is required to install a backflow prevention assembly in accordance with Ordinance 1406 (unless specified otherwise by the City Engineer). One assembly is required for the domestic water service, an additional assembly may be required if an on-site fire system is required by the Fire Department. If the Fire Department requires pumper connections, then the backflow device for the fire system shall be a Double Detector Check Valve per City Standards. 22. Sight distance at the driveways intersecting public street, shall conform to Section 3-09(A) Intersection Sight Distance, and Standard Drawing 3-03(A) of the Vacaville Standard Specifications. Special attention shall be given to note 1 and 2 on Standard Drawing 3-03(A). This may affect the location of any monument signs and landscaping, walls etc. 23. The site shall be graded such that storm water from the project is discharged from the site into an approved public drainage facility. No increase in runoff will be allowed from this project onto an adjacent property unless adequate private easements have been established. Design of on-site drainage is subject to review and approval by the City Engineer. 24. Any broken or cracked sidewalk in the public right-of-way adjoining the subject property which could, in the opinion, of the City Engineer, be a tripping hazard, shall be removed and replaced prior to the final occupancy of the building. 25. All commercial driveways shall be 36 foot maximum depressed curb driveways unless otherwise

11 specified by the City Traffic Engineer. 26. On developments of 5 acres or greater, the project proponent shall file a "Notice of Intent" with the Regional Water Quality Control Board (RWQCB) and shall prepare a Storm Water Pollution Prevention Plan (SWPPP and Monitoring Program). Questions regarding these requirements should be directed to the Utilities Division at (707) The applicant shall submit an Indemnification Agreement, Environmental Questionnaire Disclosure Statement and Assessment of Environmental Conditions for a Real Estate Transaction (Level I) in a format acceptable to the City Engineer for any dedicated right-of-way or other property acquired by the City as a result of this project. The City will not accept dedication of any right-of-way until evidence to the satisfaction of the City Engineer is provided that the site meets applicable standards and is not contaminated. 28. Final (construction) architectural drawings, site plan, landscape plan, and sign drawings shall be submitted for review and approval by the Community Development Director prior to the issuance of any building permits. Plans shall be in substantial compliance with those approved with action and dated August 23, 2004 except as modified by the conditions of approval. 29. The paving and drainage details of all driveway and parking areas shall be included in the final construction plans for Building Permits and designed in accordance with the soils engineering report, subject to review and approval by the Building Official and/or City Engineer. 30. Roof mounted equipment shall be screened by a parapet wall of equal or greater height than the highest piece of roof mounted equipment or vent. Equipment may be screened by a separate roof screen that is architecturally integrated with the building, and when screening by a parapet wall is not feasible or is architecturally undesirable. When separate roof screens are used, roof equipment should be organized into major groups screening a smaller number of units rather than multiple areas. The Community Development Director may approve exceptions for solar equipment. All screening is subject to review and approval by the Community Development Director. The term "equipment" includes roof mounted equipment or vents, electrical equipment, gas meter, communication antennas, irrigation valves, storage tanks, or other mechanical equipment. The manner of screening shall be as follows: - communications equipment, including microwave equipment, may remain unscreened if visually integrated with the building design through color, location, and construction; - all building mounted equipment, including but not limited to louvers, pipes, overhead doors or service doors, access ladders, downspouts, conduit, and electrical/service boxes, shall be painted consistent with the color scheme of the building. 31. Ground mounted equipment shall be screened by walls or landscaping to the satisfaction of the Community Development Director. Double detector check valves and reduced pressure devices 3 inches and larger shall comply with the following requirements: A. Backflow devices shall be screened on three sides with the side facing the street or driveway left open for visibility and access. Screening shall include dense landscaping and/or a low wood or masonry wall matching adjacent buildings. See the attached list for suggested plant materials. B. The backflow device and any visible materials such as insulation shall be painted an industry standard gloss green #A or an approved equivalent. C. Backflow devices shall not be located in the sight triangle adjacent to the driveway. D. Backflow devices shall be shown on the landscape/irrigation plans submitted for City review. E. Backflow devices shall comply with the City Standard Specifications and Park Planning Drawings 1-4.

12 32. Plans submitted for Building Permits shall indicate the exact location and design of all exterior lighting fixtures. All lighting shall be shielded or placed such that it does not shine directly on any adjoining properties or impact traffic on adjacent streets. Lighting shall be subject to the approval of the Director of Community Development. 33. A photometrics plan shall be required for the proposed lighting. Minimum lighting of one (1) foot candle and a maximum six (6) foot candles shall be provided on the site. 34. The Community Development Director and Vacaville Sanitary Service shall approve the design and location of each enclosure. All trash bins shall be stored within approved trash enclosures. The enclosure shall also include a separate pedestrian walk-in access. 35. The developer shall provide adequate, accessible, and convenient areas for the collection and loading of recyclable materials. Collection and loading areas shall be located adjacent to trash enclosures when practical and shall contain adequate area to accommodate the recyclable waste generated by the development. All recyclable materials areas shall be accessible by collection vehicles. The Community Development Director shall approve the design and location of each collection and loading area. 36. The developer shall comply with the City's Trip Reduction Ordinance (Ordinance 1472), and any subsequent amendments. For major projects or structural expansion of existing development occupied by 100 or more employees, the following is required: designate a Transportation Coordinator; develop a Transportation Management Plan (TMP) for review and approval by the City prior to the issuance of building permits; provide facilities to post information; coordinate with transit and rideshare agencies; and record approved TMP. For minor projects or structural expansion of existing development occupied by employees, the following is required: provide facilities to post information; and coordinate with transit and rideshare agencies. Additional information may be obtained from the Public Works Department at The project approval is granted for a period of one year from the effective date of approval. Unless a building permit is issued and the improvement of the site is diligently pursued or completed prior to the expiration of one year, the approval shall lapse and become void. A oneyear extension may be considered by the original decision-maker, provided that prior to the expiration date an application for renewal of the project is filed with the Community Development Director. ** (Approval shall be for two years if processed concurrently with a Tentative Map.) 38. The developer shall submit for review and approval by the Director of Community Development proposed colors and/or a materials board prior to the issuance of Building Permits. 39. Hours of noise producing construction shall be from 7:00 a.m. to 6:00 p.m., Monday through Saturday. Construction activities shall conform to the following standards: A. there shall be no start-up of machines or equipment, no delivery of materials or equipment, no cleaning of machines or equipment and no servicing of equipment except during the permitted hours of construction; B. radios played at high volume, loud talking and other forms of communication constituting a nuisance shall not be permitted; and C. there shall be no construction on Sundays or legal holidays. Exceptions to these time restrictions may be granted by the Community Development Director for one of the following reasons: (1) inclement weather affecting work; (2) emergency work; or (3) other work, if work and equipment will not create noise that may be unreasonably offensive to neighbors so as to constitute a nuisance. The Community Development Director must be notified and must approve the work in advance.