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9.04.090 <br />from this chapter. (Prior Code <br />9.04.100 Construction: <br />Notwithstanding any other provision of <br />this chapter, between the hours of eight <br />o'clock (8:00) A.M. and eight o'clock <br />(8:00) P.M. daily, except Sundays and <br />holidays, when the exemption shall apply <br />between ten o'clock (10:00) A.M. and six <br />o'clock (6:00) P.M., construction, alter- <br />ation or repair activities which are autho- <br />rized by a valid city permit shall be al- <br />lowed if they meet at least one of the <br />following noise limitations: <br />A. No individual piece of equipment <br />shall produce a noise level exceeding <br />eighty three (83) dBA at a distance of <br />twenty five feet (25'). If the device is <br />housed within a structure on the property, <br />the measurement shall be made outside <br />the structure at a distance as close to <br />twenty five feet (25') from the equipment <br />as possible; or <br />B. The noise level at any point outside <br />of the property plane of the project shall <br />not exceed eighty six (86) dBA. (Prior <br />Code § 4-9.07(d)) <br />9.04.110 Exception Permit: <br />If the applicant can show to the city <br />manager or his designee that a diligent <br />investigation of available noise abatement <br />techniques indicates that immediate com- <br />pliance with the requirements of this <br />chapter would be impractical or unreason- <br />able, apermit to allow exemption from <br />the provisions contained in all or a por- <br />tion of this chapter may be issued, with <br />appropriate conditions to minimize the <br />public detriment caused by such excep- <br />tions. Any such permit shall be of as <br />short duration as possible up to six (6) <br />months, but renewable upon a showing of <br />good cause, and shall be conditioned by a <br />schedule for compliance and details of <br />methods therefor in appropriate cases. <br />Any person aggrieved with the decision <br />of the city manager or his designee may <br />appeal to the city council. (Prior Code <br />§ 4-9.08) <br />(Pleasanton January 2004) 218-2 <br />