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HomeMy WebLinkAbout11/01/1994, C-6 - TA 125-94: AMENDMENTS TO NOISE REGULATIONS, ALLOWING EARLIER OPERATION OF POWER BLOWERS IN NON-RESIDENTIAL AREAS. � f F, MEETING DATE: W Biu Cl � Sa►11 L1.11S OBIS O '% rrEM COUNCIL AGENDA REPORT NUMBER: /r J FROM: Arnold Jonas, C�ommunity Development Director (-1 BY: Judith Lautner,p.kssociate Planner SUBJECT: TA 125-94 : Amendments to noise regulations, allowing earlier operation of power blowers in non-residential areas. CAO RECOMMENDATION Give final passage to Ordinance No. 1273 (1994 Series) , as introduced on October 18, 1994, amending the noise regulations to allow blowers to be operated from 7 a.m. to 6 p.m. in non- residential areas, except on Sundays. DISCUSSION The City Council introduced Ordinance 1273 on October 18, 1994, with some amendments to the suggested wording. The ordinance allows leafblower operation between 7: 00 a.m. and 6:00 p.m. in non- residential zones. Blowers would also be prohibited within 200' of a residential zone between 7 and 8 a.m. The Council voted to amend the ordinance further, to restrict blower operation on Sundays. Staff's understanding of this amendment was to prohibit the early use of blowers on Sundays. The ordinance has accordingly been revised to restrict blower operation on Sundays to between 8 a.m. and 6 p.m. in any zone. The amendment will go into effect 30 days after final passage of the ordinance. ALTERNATIVES The Council may, by motion, 1) reject the ordinance, 2) re- introduce the ordinance if revised wording is preferred, or 3) continue action. Attached: Ordinance no. 1273 , as introduced ORDINANCE NO. 1273 (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 L►_G- e2 Ordinance no. 1273 (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: ti 4,n City ttorney 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 in a residential zone or within 200' of a residential zone between 6 p.m. and 8 a.m. , so as to create a noise disturbance across a residential real property line. C. Operating a power blower in any non-residential zone between 6 p.m. and 7 a.m. , Monday through Saturday, or between 6 p.m. and 8 a.m. Sunday, so as to create a noise disturbance across a real property line. d. 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) ri MEE' ` AGENDA DATE -/- 9 ITEM # MEMORANDUM TO: John Dunn, City Administrative Officex'y FROM: James M. Gardiner, Chief of Police 'qS4 DATE: October 25, 1994 SUBJECT: Leaf Blower Enforcement Due to an employee emergency in Community Development, comments from the Police Department were not included in the staff report for the second reading of the leaf blower ordinance. While I gave some verbal testimony during the initial report, I want to restate our abilities to enforce the proposed hours and locations. 1. Enforcement hours Not withstanding the evening hours,. the 7 a.m. starting time is right at our change of shift. Normally, the off-going shift begin servicing and .cleaning out their units at approximately 15 minutes before the hour. Those complaints which come in at this time will be responded to by the day watch coming on-duty. This is approximately. 15 minutes after the hour. The consequences of the above are that many of these complaints will be responded to during the authorized hours of operation. We will still respond to the complaints but we will only be able to advise and educate the offender of the ordinance. Enforcement action could be taken should a citizen wish to come forward and be a witness for the filing of a crime report. 2. 200 Foot Buffer The Communications Center at the Department currently has a map book which shows map grids for police and fire responses. After checking with Community Development, we find that the single zoning map (3'x3') is not sufficiently detailed to use. The only other resource is the 8 volumes of counter maps which are kept at their front desk. We are currently working with Community Development to get maps with appropriate detail for zoning differentiations to guide responses and assist field officers. CLINU Ik CDE)DIR AO ❑ FIN DIR GRO U FIRE CHIEF fC. 54 6.. ' IL.1' r/✓GL�ir:':r 3:.:f i XFCU 2 CHF 4: ❑ i:;�a d'i Thr.`.; _I P.EC DiR OCT 2 6 1994 0PRSA''l: � 13 UT.LJ:9 CITY CLERK is OBISPO,C'• 3. Computer coding We have checked and can create a new code to track complaints specific to lawn & garden tools. It would be used for complaints for violations of the ordinance. If there was no violation (i.e., the use of the blower was within the specified hours) we would continue to inform the complaining party that there was no violation based on the current ordinance. As such, there would be no tracking of those calls. 4. Future Ordinance Refinements In the future, if the ordinance was revised to regulate noise even during specified hours, then these would constitute complaints and would be recorded. While at this time I do not know the full extent of the number of complaints this might bring, I can say that I would be extremely concerned about the Department's ability to handle these kinds of complaints on top of our current workload. Therefore, if it is envisioned that the Council wants to proceed along these lines, close scrutiny should be given as to how the enforcement of the ordinance will be pursued.