HomeMy WebLinkAbout10/18/1994, 1 - TA 125-94: AMENDMENTS TO NOISE REGULATIONS, TO ALLOW OPERATION OF POWER BLOWERS FROM 7 A.M. TO 6 P.M. IN NON-RESIDENTIAL ZONES. city of san luis o6ispo MEETING DATE:
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Naga COUNCIL AGENDA REPORT NUMBEA: /
FROM: Arnold Jonas, Community Develo ment Director e
BY: Judith Lautner, Associate Plannet,E
SUBJECT: TA 125-94: Amendments to noise regulations, to allow operation of power
blowers from 7 a.m. to 6 p.m. in non-residential zones.
CAO RECOMMENDATION
Pass to print an ordinance amending the noise regulations to allow power blower operation in
non-residential zones from 7 a.m. to 6 p.m. daily.
DISCUSSION
Background
At its September 20 meeting, the City Council directed staff to return with an amendment to the
noise regulations to allow power blowers to be operated from 7 a.m. to 6 p.m. in commercial
zones. Staff has developed language to respond to this request.
EVALUATION
1. Amendments affect all non-residential zones. The Council wanted the regulations
changed to allow maintenance crews to be able to complete blowing operations before
businesses opened and large numbers of pedestrians and vehicles are on the streets.
Some of the areas needing early clean-up are parks and public buildings (including City
Hall), which are in Public Facilities zones. These zones are not commercial. Therefore,
the amendments use the term "non-residential" rather than "commercial".
2. Impacts on residential areas. In some parts of the city, residential and non-residential
zones are immediately adjacent to each other. A power blower operating at 7 a.m. at
the edge of a non-residential zone may disturb nearby residences. Some other cities have
prohibited blowing within 200' (Cypress and Sacramento) or 250' (Santa Barbara) of a
residential zone during those hours when blowers would not be allowed to operate within
residential zones. Staff is recommending a similar provision. Parks Division staff
suggests a 100' prohibition.
CONCURRENCES
The Public Works Department supports the changes. Other departments were not consulted.
No other public hearings have been held on this particular amendment.
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.
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2RQUNCIL AGENDA REPORT
Power blower noise amendments
Page 2
FISCAL EMPACT
Implementation of proposed amendments to the noise ordinance are not expected to create a
significant impact on City operations or budget. The amendments will allow City contractors
to complete blowing of downtown areas early,.while there is little interruption, which may result
in some cost savings for the City.
Attached:
Draft.ordinance amending noise regulations
ORDINANCE NO. (1994 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE NOISE REGULATIONS TEXT
TO CHANGE THE HOURS
WHEN POWER BLOWERS MAY BE OPERATED
(TA 125-94)
WHEREAS, the City Council has held a hearing to consider
the noise regulations amendment request TA 125-94 , 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 make a minor amendment to regulations intended 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 125-94 , as
shown on Exhibit A, attached, amending section section
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 125-94 : 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:
A or
�'7
Noise Ordinance Amendment
9 .12. 050 Prohibited acts.
B. Specific Prohibitions. The acts, as set forth in 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.
b. Operating a power blower �n a '.resdential zone or 'within
1Oti' af::a residenial zone between 6 pini. and 8 a.m. ; so as to
create` a`"noise disturbance across a residential
real property line.
c;; Operating. a Bower blower in any nonresidential< zone
e'b�xeen. 5 pt end; 7 a,m soas to create a nalse distuxbar�ce
across real property Gine
... .
end` € 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 125-94)
71NG -1 FM AGENDA
LHfE.��ITEM
cityO S�►l luiS OBISPO
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
October 17, 1994 i.
r1T t 1994
Mr. Alan Friedman
P.O. Box 3655 ;irr c�eaK
17G1 f`r'
San Luis Obispo, CA 93403
Dear Alan:
After checking with Jim Gardiner on your inquiry, he provided me with the department's
current method of responding to noise complaints. That memo is attached for your
information.
As we move forward to further work on leaf blowers and noise complaints it is quite.
possible that the department will develop a modified means of taking the complaints and
responding to them.
The department will continue to work with the Community Development Department to
deliver information in a usable form about noise complaints, including leaf blowers.
Hope this information is helpful.
Sincerely,
(Z=nn
nn
City Administrative Officer
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Attachments
C. Jim Gardiner
Arnold Jonas Cc_�r,c1L CDD DIR
CAO C FIN DiR
City Council ACAO ❑ FIRE CHIEF
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r�'�.V.I i'-i•�CI ❑ FE.3 Df Fi
MEMORANDUM
TO: John Dunn, City Administrative Officer
FROM: James M. Gardiner, Chief of Policed
DATE: October 14, 1994
SUBJECT: Power Blower Enforcement
After verifying the status of current municipal code regulations with City Attorney Jeff
Jorgensen, the Department's enforcement of the Noise Ordinance concerning power blowers
remains as follows:
1. Complaints outside prohibited times are covered by Section 9.12.050 B 10. If a
complaint is received, an available police officer will be dispatched to the location and
appropriate enforcement action taken. This call is documented in the Department's
computer records in the category covering violations of the noise ordinance.
While not separated from the annual average of over 2,500 noise complaints, a specific
call can be called up relatively quickly if the address of the violation or the person calling
can be identified. If this information is not available, a "batch" listing of all noise
complaints can be run. Thereafter, a manual search of individual records would have
to be done on each call to determine the type of violation.
2. If a complaint about a blower is received during the times permitted by the ordinance,
the caller is advised that the use of the blower is not a violation. Since there is no
violation, no officer would be dispatched and no record would be kept.
'r
I understand that staff is currently completing research regarding the possible establishment of
"db" requirements for these blowers. At such time that an ordinance is proposed, serious
consideration will have to be given as to the best way to regulate and enforce the requirements
of any such law.
MEMORANDUM
October 13, 1994
To: Jim Gardiner
From: John D n
Subject: Discussion with and request of Allen Friedman
At 5:00 p.m. last evening, Air. Allen Friedman called me to make a request. He prefaced
his request by saying that Arnold had told him on several occasions there was little or no
record of people complaining about the noise, etc. of leaf blowers. He didn't see how this
was possible inasmuch as he is constantly receiving phone calls and other contacts from
people who are wanting to join with him in the anti-leaf-blower crusade. He thought that
the problem was that people who were alarmed by the noise of leaf blowers didn't call the
Community Development Department, but rather called the Police Dispatcher who, to his
knowledge, were not keeping records of these complaints, and the Police Officers were not
citing, with the result there is no record of complaints to the City.
His request is that the Police Dispatchers make a notation for the permanent record when
these complaints are received by the Police Department, and that these complaints be
forwarded to Arnold so that he would have a permanent record of those complaining to the
City about this problem.
He told me that if I didn't cause this to happen administratively, then he would take his
request to the City Council.
I told him, that, subject to talking to the Police Chief about it, I didn't particularly see any
problem with his request and that, in some appropriate form, we would follow-up on it.
Jim and Arnold, let me know your thoughts and, more particularly, the follow-up to his
request, by next Tuesday at the latest. In fairness to him, I have an obligation to tell him
what we are doing/not doing so he can either relax/take his complaint to Council.
Thank you.
C. Arnold Jonas
Jeff Jorgensen
JD:mc