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HomeMy WebLinkAbout07/19/1994, 7 - TA 42-94: AMENDMENTS TO NOISE REGULATIONS, RESTRICTING HOURS OF OPERATION OF POWER BLOWERS. III�pIII�IIIII�I�Il�IUI tJ T '��,�� MEETING DATE. ci o san lues osIspo COUNCIL AGENDA REPORT ITEM M' f� FROM: Arnold Jonas, Community Development Director BY: Judith Lautner."11—msociate Planner SUBJECT: TA 42-94: Pllnendments to noise regulations, restricting hours of operation of power blowers. CAO RECOMMENDATION Give final passage to Ordinance No. 1261 (1994 Series) , as introduced on April 19, 1994, amending the noise regulations to limit hours of operation for power blowers. DISCUSSION The City Council introduced Ordinance 1261 on April 19, 1994. The ordinance restricts leafblower operation to between 8 : 00 a.m. and 6: 00 p.m. daily. The amendment will go into effect 30 days after final passage of the ordinance. ALTERNATIVES The Council may, by motion, 1) reject the ordinance, or 2) continue action. Attached: Ordinance no. 1261, as introduced 1 ORDINANCE NO. 1261 (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 (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 0 1261 Ordinance no. 1261 (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 19th day of April , 1994, on motion of Council Member Roalman , seconded by Vice Mayor Settle , and on the following roll call vote: AYES: Council Member Roalman, Vice Mayor Settle and Mayor Pinard NOES: Council Member Romero ABSENT: Council Member Raopa Mayor Pe Pinard ATTEST: City Clerk Diane Gladwell APPROVED: i A o y Noise Ordinance Amendment 9.12.050 Prohibited acts. B. Specific Prohibitions. The acts, as set forth in subseetien 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. :<...: . bperating`:ar':pcwe ower between 6 pru and 8 a ;m so as to : reaCe;::'.; noise:. clistubance across. :.>:."residentia3; or:: 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)