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Home My WebLink About04/19/1994, 4 - ITEMS RELATING TO POWER BLOWER OPERATION IIII�I�III�IIIIIII�I�a��II City of San LUIS OBISPO MEET..I��vvG .qq MiS COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Arnold Jonas, Community Developm Director /to BY: Judith Lautner, Associate Planne 1 SUBJECT: Items relating to power blowe operation: 1. TA 42-94 : Amendments to noise regulations, restricting hours of operation of power blowers in residential and non- residential zones. 2. Review of a draft educational program to inform landscape maintenance workers of the appropriate use of power blowers. CAO RECOMMENDATION 1. Pass to print an ordinance amending the noise regulations to limit further the hours power blowers may operate. 2. Review and comment on the educational program, and direct staff to work with the California Landscape Contractors' Association (CLCA) to refine and implement the program and to report on progress periodically. DISCUSSION Backaround On January 20, 1993, the City Council responded to complaints by a citizen (Alan Friedman) about problems associated with leafblowers. The Council directed staff to research the issue and return with information on these machines. On January 25, 1994, the Council held a public hearing to review a report on these machines. After taking public testimony and discussing the issue, the Council directed staff to work with the California Landscape Contractors' Association (CLCA) to 1) prepare amendments to the noise regulations to limit further the hours that .power blowers may operate; and 2) develop an educational program to inform landscape workers of the proper ways to use these machines. Staff and representatives of the CLCA have now prepared amendments to the noise regulations and developed a draft educational program. EVALUATION 1. Noise amendments address differences in residential and nonresidential areas. The proposed amendments call for different treatment of residential and non-residential land. In residential zones, blowers would be allowed to operate between 8: 00 a.m. and 5: 00 p.m. , while in nonresidential zones they could operate between 7: 00 a.m. and 6: 00 p.m. The reason for the difference is the need for maintenance people to complete work in business districts and parks early in the morning or later in the evening, to avoid conflicts with business operations. For example, City crews usually complete ��►��► ►�IIIIIII�I�n ��IN city of San LUIS OBISpo COUNCIL AGENDA REPORT Power blowers Page 2 blowing around City Hall before 8: 00 a.m. , when most employees arrive at work. Alternatives: 1) The noise regulations could be amended to limit hours of all gardening or other power equipment. However, the City Council's direction was to amend the noise regulations specifically to limit further the hours that power blowers could be operated. 2) The regulations could be amended to set limits on decibel levels of power machinery or blowers in particular. This option was discussed at the previous Council hearing and rejected. 3) The regulations could set the same standards for residential and non-residential zones. Uses in non- residential zones, as a rule, have a higher tolerance for noise. There is greater activity in these areas, and there are fewer residences. Employees in most of these zones do not begin work before 8 : 00 a.m. , so there are few persons to disturb before that time. For these reasons, it makes sense to allow power blowers to be used before 8 a.m. in nonresidential zones. 4) The proposed amendments do not address possible conflicts from use of blowers in nonresidential zones that are adjacent to residential areas. Given that power blower operation has not been determined to be a significant problem in this community, staff favors simple amendments that will address most situations, rather than all. If the Council wishes to limit hours in nonresidential zones that are adjacent to residential, then the following or similar language could be added to the proposed amendment (see underlined words) : B. Specific Prohibitions. The acts, . . .and the causing or permitting thereof, are declared to be in violation of this chapter: 10. Domestic Power Tools, Machinery. a. operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool or similar tool between ten p.m. and seven a.m., so as to create a noise disturbance across a residential or commercial real property line. «>>s>> Si` �I1"! =i> 7.'[..cel...."S z. "t.XX �. A.::: /o2 F ��n�►�►►��Illlllf�p��'�� SIIcity of San lues OBIspo WN= COUNCIL AGENDA REPORT Power blowers Page 3 .Ci'..i .iii:i!:: iy.i ii%.i'n....n..�..:::..i:.:iii%:':.i:.Y:.i:::::::::::::::.:::..::::::..::::.::.:.::::.:m:.:::.::::::::::::::.:::..::........... n..;a nan..... nt a�I r ne ets,*een 4 p.m. anc ; sem. as to :create a noise ,' d�sti...... ce across a iex8erita2 'orommerea real prGpert I2r�e. Such language may lessen conflicts, but would not be expected to eliminate them entirely. 2. Program emphasizes cooperation. Staff and CLCA representatives have developed a simple, general, education program. The program includes 1) the mailing of leaflets on proper operation of power blowers to landscape maintenance persons, 2) offering a videotape on operation of small power equipment to the City-County Library, 3) providing information on power blower operation at landscape contractor seminars, and 4) working with local newspapers and other media to produce public service announcements that tell the general . public how best to use blowers without offending neighbors. Staff is asking the Council to review the program, offer additional suggestions if needed, endorse the general concept of this educational program, and leave the details and implementation to the CLCA and City staff. Staff can provide progress reports to the Council as each step is implemented. ALTERNATIVES The Council may 1) make changes to the draft ordinance amendments before passing them to print; 2) continue action with direction to staff; 3) take no action at this time. FISCAL IMPACT Implementation of proposed amendments to the noise ordinance are not expected to create a significant impact on City operations or budget. Some parts of the education program may cost money: mailing of leaflets should cost between $50 and $100, primarily for postage (leaflets are available for free) , if the City does the mailing; work on public service messages will involve some staff time, estimated at 3 - 4 hours. Attached: Draft ordinance amending noise regulations Draft education program y-3 ORDINANCE NO. (1994 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE NOISE REGULATIONS TEXT TO LIMIT FURTHER THE HOURS WHEN POWER BLOWERS MAY BE OPERATED IN BOTH RESIDENTIAL AND NONRESIDENTIAL ZONES (TA 42-94) WHEREAS, the City Council has held a hearing to consider the noise regulations amendment request TA 42-94, amending Section 9. 12 .050 of the Municipal Code as shown on Exhibit A, attached; and WHEREAS, the City Council makes the following findings; Findings• 1. The proposed amendment conforms to the general plan. 2 . The Community Development Director has reviewed the text change and determined that it is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) because it consists of a regulatory action taken by the City Council to assure the protection of the environment (section 15308, class 8) . The Director concludes that the project will not have a significant impact on the environment, and the City Council hereby affirms the categorical exemption and finds that it reflects the independent judgement of the City Council. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental determination. The City council finds and determines that the project's Categorical Exemption adequately addresses the potential significant environmental impacts of the proposed Municipal Code change, and reflects the independent judgement of the City Council. The Council hereby affirms said categorical exemption. SECTION 2. The municipal code amendment TA 42-94, as shown on Exhibit A, attached, amending section section 9. 12. 050B and 9. 12. 050B. 10, is hereby approved. SECTION 3 . A summary of this ordinance, together with the names of councilmembers voting for and against, shall be published once, at least (3) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this city. This ordinance shall go into effect at the expiration of Ordinance no. (1994 Series) TA 42-94: Citywide Page 2 thirty (30) days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the day of 1994, on motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk APPROVED: i A o y Noise Ordinance Amendment 9.12.050 Prohibited acts. B. Specific Prohibitions. The acts, as set forth in subseetlen� this section, and the causing or permitting thereof, are declared to be in violation of this chapter: 10. Domestic Power Tools, Machinery. a. Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool or similar tool between ten p.m. and seven a.m. , so as to create a noise disturbance across a residential or commercial real property line. � ��o�exa'�a.x�g � por��x 1a:�.awer,; � a xes�.c�er,t�.a;I zone between 5 ;m`=:�:anct��<8:=::a':m <>:,: ::n <:::>:<;� ..::<:::>a::::n n .es::::d:e ..• ,:>, :on <::_ a >=:::6<::;;:: .>::m:: ... ....:.r.::............::::..::::..............:::.::..:..:r:.:::...n.:::....::::....o....x...:._, :.....:nt=�;a; ::.:::z:..:....�.::;b.etw ..en.::::..:::: ......_:..: fid° , .a gym;< , :so as kcs '.axeet a poi se : 1 sturbance across a :qv.i.Jn.wx xv:.:v:m.h,,:4n..xn.:e:ni.xCvrni....4::n...e.......:...x ...n::.n:.......:v.....v.....:..:.... ..vx.,.........:. ' Any motor, machinery, pump, such as swimming pool equipment, etc. , shall be sufficiently enclosed or muffled and maintained so as not to create a noise disturbance in accordance with section 9 . 12 . 060 of this section. EXHIBIT A (TA 42-94) Power blower educational program * Video: California Landscape Contractors' Association will be receiving a copy of a video on the proper use of small power equipment, including leafblowers. The association will donate the video to the City-County Library. Written educational materials will include references to this video, which may be borrowed at no cost. (Responsibility: CLCA) * Leaflet: Echo, in cooperation with CLCA, has produced a leaflet about blowers, written in six languages. The leaflet contains several "rules" for operating this type machinery, including cleaning up afterwards and keeping the noise down. The City will assist the landscape contractors' association in developing a mailing list and sending out copies of this leaflet to every contractor and property manager on the list, along with a cover letter explaining the wisdom of following the advice. (Responsibility: City and CLCA) * Seminars. The landscape association holds seminars twice a year. A segment of a seminar could be devoted to blowers, or at the least, leaflets should be available there. (Responsibility: CLCA) * Advertisinci. The CLCA and City will be contacting local papers to find out about public service opportunities. Educational information about blower use will be distributed to these papers, perhaps as a news release. (Responsibility: City and CLCA) q-7 MEETING AGENDA DATE ITEM # (PHONr= CALL 7�- FOP-12T�Y- 7. L-J � �CDDDIR POUN'CIL Rr 0 FIN DIF.CAG 13 RRECHIEF ❑4 �.Q.N EY JOWTAC-1-l!�2 CHF�Ll D UG"'17. 17A.k.1 I i REGI; Ell,READ