Loading...
HomeMy WebLinkAbout121223-03.4 STUDY STUDY SESSION MEMORANDUM 3.4 TO: Mayor and Town Council December 12, 2023 SUBJECT: Discussion of Potential Updates to Noise Ordinance BACKGROUND The Town adopted a noise control ordinance in 1987 (Attachment A), with the stated intent to preserve the “peace, health, safety and welfare” of the Town’s residents. Policy 27.06 of the Town’s 2030 General Plan states that the Town should “Review and update the existing Noise Ordinance to specify and regulate the noise levels for various equipment, activities, and land uses to clarify enforcement procedures.” This study session item is intended to begin the discussion about options for updating the noise ordinance. DISCUSSION Basic Framework for Noise Ordinances In broad terms, municipal noise ordinances fall into one of two categories: • Nuisance based ordinances, which prohibit noise that creates a public nuisance. These ordinances use different terminology (is the noise unnecessary, unreasonable, etc.) and have different ways of determining that (is the noise “plainly audible” from a specified distance, what other uses is the noise source adjacent to, etc.). The Town has this type of ordinance. • Decibel based or performance ordinances, which prohibit any noise that registers above a specified decibel level. There are different standards (is ambient noise taken into account, are there different decibel levels for different neighborhoods, etc.) but in all cases, the person enforcing the ordinance relies on a sound meter and whatever the maximum decibel level is provided for in the ordinance. Excerpts from the City of Lafayette’s Noise Ordinance are attached as an illustration of this type of ordinance. The first question for the Council is which type of ordinance works best for the Town. A review of the literature and cases shows that both types of ordinances are widely used and have been upheld by the courts. If the Council is interested in looking at a decibel or performance based ordinance, that would require retaining an acoustical consultant to Noise Ordinance 2 December 12, 2023 assist in developing feasible decibel limits. This process can take 6 or more months and be costly. The existing Danville ordinance As mentioned above, the Town’s existing ordinance is nuisance-based (looking back at the Council’s deliberations in 1987, there was sentiment to actually implement a decibel based ordinance but that was never done). The ordinance establishes a general standard (in Section 4-2.3) making it unlawful to “willfully make a loud, unnecessary or unusual noise which disturbs the peace or quiet of a neighborhood or which causes discomfort or annoyance to a reasonable person of normal sensitiveness residing in the area.” This section of the ordinance then gives nine criteria to consider in determining if the noise complained of violates the ordinance. The ordinance (in Section 4-2.4) also contains some specific standards, including time limits, for things like construction, use of equipment, etc. It also contains some objective standards regarding musical noise (must be audible from a distance of 50 feet). Finally, the ordinance gives the Town Manager the authority to grant exceptions to the ordinance, a provision that has not been used. Types of Noise Complaints Received by the Town A review of the noise complaints received through the Danville Connect app shows that since the app was launched in 2013, the Town has received a total of 72 complaints (as of 12/1/23) regarding noise that would potentially be covered by a noise ordinance. This count excludes noise issues beyond the control of the Town, including complaints about noise from schools, barking dogs, freeway/vehicle noise, early morning garbage pickup, etc. Of the 72 recorded complaints, the five most common categories are: • Construction noise (too early in the morning and on weekends): 24 • Landscaper noise (too early in the morning or gas leaf blowers): 16 • Loud music in residential district after 10pm: 12 • Noise from commercial operations in/adjacent to residential districts (home occupations or homes next to shopping centers): 11 • Excessive noise/music downtown: 6 (note that 4 of these are since the introduction of parklets and expansion of outdoor restaurant seating) • Early street sweeping/park maintenance by Town: 2 While this is certainly not an exhaustive list of noise complaints raised by residents, it is consistent with Town staffs experience over the years. Each of these noise sources, and others, is addressed below. Noise Ordinance 3 December 12, 2023 Hours of Construction This is by far the leading area of complaints and one in which our response is complicated by the fact that we do not have a consistent set of work hours permitted. Under the Noise Ordinance, construction or repair work in or adjacent to residential districts is allowed during the following hours: • Monday to Friday, 7:30 am to 7:00 pm • Saturdays, Sundays and holidays, 9:00 am to 7:00 pm These hours apply whether the work is being done by a contractor or the homeowner themselves and there is no definition of what types of construction are allowed. In addition to the standard in the Noise Ordinance, the Town’s Planning Division applies a standard condition of approval to all projects requiring a planning entitlement, which can range from large subdivisions to individual lot development plans. That standard condition of approval sets the following hours for construction: • Monday to Friday, 7:30 am to 5:30 pm • Any longer weekday hours or weekend/holiday work must be approved by the City Engineer or Chief Building Official A third potential area of hours limits is that for grading permits. The Town’s grading ordinance does not specify hours or days in which grading can occur, leaving that determination to the discretion of the Chief Building Official or City Engineer , at least for permits not tied to planning conditions of approval. The Town’s practice over the years has been to allow grading work from 7:30 am until 5:00 pm, Monday through Friday. Weekend work must be approved separately. A review of limits in surrounding cities shows that they all have hours which are generally consistent with the Town’s. Start times range from 7:00 am to 8:00 am on weekdays, 9:00 am to 10:00 am on weekends and holidays. There is a similar range of stopping times, with most being in the 6:00 pm to 7:00 pm range. Potential changes to consider: • Should hours be changed? In general, the construction industry starts early and ends early. Also, the weekend and evening hours generally provide flexibility for homeowners who are doing work on their homes in their free time. • Make hours for all construction work (homeowner, land use entitlement or grading) permits consistent across the board. Hours for Landscapers and Use of Gas Blowers The Town’s existing ordinance allows the use of machinery, specifically including lawn mowers and leaf blowers, between 8:00 am and 10:00 pm. The Town does not currently Noise Ordinance 4 December 12, 2023 regulate or ban gas powered leaf blowers. With regard to the hours of operation, the complaints received by the Town are almost all for work done before 8:00 am, so it may not be necessary to change the hours. The issue is enforcement of the existing hours limit. At that time of day, there is no code enforcement officer on duty and as to the police department, this is around the time of shift change, so enforcement is difficult. The issue of gas-powered leaf blowers is more complicated. In California, approximately 100 cities have some form of regulation of gas leaf blowers, either outright bans or limits on hours of use. Based on legislation from 2021 and follow up regulations from the State Air Resources Board, it will be illegal to sell gas leaf blowers (as well as mowers and other small equipment) beginning January 1, 2024. The new law does not prohibit the use of gas-powered equipment, the intent being that existing equipment will be replaced over time as it fails. Because this could take some time, at least some cities are still looking at banning the use of gas blowers. Most recently, the City of Lafayette adopted such a ban (Attachment C). In some cases, the issue is environmental as much as noise. Town Functions Whatever changes the Council may want to consider, it is important to understand how the Town’s own operations fit into the ordinance. The Town’s maintenance department (including our contractors) are generally working in our parks and roadsides at 7:30 am and use gas powered equipment, both blowers and mowers. While there will inevitably be a future move to electric equipment, Town staff has experimented with such equipment and found that it is not currently feasible given the areas we maintain. Our street sweeping contractor typically starts work at approximately 7:00 a.m. (this can also be an issue with shopping centers, which typically are required to clean their parking lots at night when the lots are vacant). Many cities address this issue by exempting their municipal operations from the noise ordinance and staff would recommend such a provision for the Town. Noise and Music Downtown This has become more of an issue in recent years, driven by two trends. The first is the addition of residential units in the downtown, putting residents closer to noise generating restaurants and bars during evening hours. The second is the increase in outdoor seating and music at restaurants, both of which escalated during the pandemic. This could become more of an issue as the Downtown Master Plan creates additional outdoor areas for music. While recognizing the issue, Town staff recommends that this issue be Noise Ordinance 5 December 12, 2023 addressed separately through the zoning ordinance amendment process starting at the Planning Commission level. RECOMMENDATION Provide direction to Town staff regarding any potential modifications to the Town’s existing Noise Control ordinance. Prepared and reviewed by: Robert B. Ewing City Attorney Attachments: A – Existing Noise Control Ordinance B – Excerpts from Lafayette Noise Ordinance C – Lafayette Staff Report re Gas Leaf Blower Ban T OWN OF D ANVILLE  510 L A G ONDA W AY  D ANVILLE , CA 94526-1740 925.314.3310 PHONE  925.838.0360 FAX  WWW.DANVILLE .CA.GOV  NOISE ORDINANCE CODE ENFORCEMENT 4-2 NOISE CONTROL. 4-2.1 Findings and Declaration of Intent. The Town Council finds that at certain levels noises are detrimental to the health and welfare of the citizenry and should be regulated in the public interest. It is the policy of the Town that the peace, health, safety and welfare of the citizens of Danville require protection from excessive, unnecessary, annoying and unreasonable noises from any and all controllable noise sources. (Ord. #120, 7-801) 4-2.2 Definitions. In this section, unless the context otherwise requires: Commercial purpose shall mean and include the use, operation, or maintenance of sound-amplifying equipment for the purpose of advertising business, goods or services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage to or for a performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment or for the purpose of paging employees or customers. Emergency work shall mean work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger. Motor vehicle shall mean a motor vehicle as defined by the California Vehicle Code. Non-commercial purpose shall mean and include the use, operation or maintenance of sound equipment for other than a commercial purpose. Non-commercial purpose includes philanthropic, political, patriotic and charitable purposes. Sound-amplifying equipment shall mean a machine or device for the amplification of the human voice, music, or any other sound. Sound-amplifying equipment does not include: a. A standard automobile radio when used and heard only by the occupant of the vehicle in which the radio is installed; or b. A warning device on authorized emergency vehicle or horn or other warning device used for traffic safety purposes. Sound truck shall mean a motor vehicle regardless of motive power, whether in motion or stationary, having sound-amplifying equipment mounted or attached to it. (Ord. #120, 7-802) 4-2.3 General Noise Regulations. a. It is unlawful for a person to willfully make a loud, unnecessary or unusual noise which disturbs the peace or quiet of a neighborhood or which causes discomfort or annoyance to a reasonable person of normal sensitiveness residing in the area. b. The standards which shall be considered in determining whether a violation of this section exists include, but are not limited, to the following: 1. The volume of the noise; 2. Whether the nature of the noise is usual or unusual; 3. The proximity of the noise to residential sleeping facilities; 4. The nature and zoning of the area within which the noise emanates; 5. The time of the day or night the noise occurs; ATTACHMENT A Noise Ordinance Page 2 6. The duration of the noise; 7. Whether the noise is continuous, recurrent or intermittent; 8. Whether the noise is produced by a commercial or non-commercial activity; and 9. The number of persons in the neighborhood who have complained of the noise. (Ord. #120, 7-803) 4-2.4 Prohibitions. Except as otherwise provided in this section it is unlawful for a person to do any of the following acts: a. Operate or play a radio, television set, stereo, phonograph, receiving set, tape or compact disk player, jukebox, musical instrument or similar device between 10:00 p.m. and 8:00 a.m. in such a manner as to be plainly audible at a distance of fifty (50’) feet from the building, structure or vehicle from which it is located or a distance of fifty (50’) feet from the device if outside; b. Create noise on a street, sidewalk or public place adjacent to a school or church while in use or to a hospital if the noise unreasonably interferes with the working of the institution or the peace or quiet of a hospital patient; c. Operate machinery, equipment, or a pump, fan, air-conditioner, spa or pool equipment, power tool, lawn mower or leaf blower or engine in a manner which causes excessive noise to nearby residents between the hours of 10:00 p.m. and 8:00 a.m.; d. Operate or perform construction or repair work (which creates noise) within or adjacent to a residential land use district except during the following hours: Monday through Friday: 7:30 a.m. to 7:00 p.m. Saturdays, Sundays and holidays: 9:00 a.m. to 7:00 p.m.; e. Install, use or operate a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted on a sound truck for the purpose of transmitting sound to a person in or on a street, sidewalk, park or public property without a permit obtained under subsection 4-2.5. (Ord. #120, 7-804) 4-2.5 Exception Permits; Permit for Sound-Amplifying Equipment. a. Permit General. The Town Manager may grant a permit allowing an exception to this section, or permitting the use of sound-amplification equipment, subject to the requirements of this section. An application for either type of permit must be submitted at least three (3) working days before the proposed activity and must be accompanied by an application fee in the amount set by Town Council resolution. The Town Manager’s decision may be appealed to the Town Council under subsections 1 -8.1 through 1- 8.4. b. Exception Permit. The Town Manager may grant a permit allowing an exception to subsection 4-2.3 or 4-2.4, paragraphs a. through d. for as short a period of time as is reasonable if the permit applicant demonstrates all of the following: 1. Compliance with this chapter would be impractical or unreasonable; 2. Which mitigation measures will be implemented to minimize the sound disturbance; and 3. The absence of any objection from nearby residents or businesses (by written consent or by their failure to object after notice is sent by the Town). The Town Manager may impose reasonable conditions on the granting of the permit. c. Permit for Sound-Amplification Equipment. The Town Manager may grant a permit to allow sound- amplification equipment, subject to reasonable restrictions regarding time, place and manner of use for the safety and convenience of the public. Noise Ordinance Page 3 The applicant shall submit an application containing the following information: 1. The name, address and telephone number of both the owner and user of the sound-amplifying equipment; 2. The maximum wattage to be used, and the approximate distance for which sound will be audible from the sound-amplifying equipment; 3. The license number, if a sound truck is to be used; 4. A general description of the sound-amplifying equipment which is to be used; 5. Whether the sound-amplifying equipment will be used for commercial or non-commercial purposes; 6. Which measures will be implemented to reduce noise to neighbors; 7. Where the equipment will be used; and 8. During which day(s) and hour(s) the equipment will be used. If the application is denied, the Town Manager shall advise the applicant in writing of the reasons for denial. (Ord. #120, 7-805) 4-2.6 Emergency Work. This section does not apply to emergency work. (Ord. #120, 7-806) 4-2.7 Remedies and Penalties for Violation. a. Violation an Infraction. A person who violates a provision of this section is guilty of an i nfraction and subject to the penalty set forth in Chapter I, Section 1-5. b. Violation a Public Nuisance. A violation of this section is a public nuisance and may be abated by a civil action including a restraining order or injunction. (Ord. #120, 7-807) Title 5 - HEALTH AND SANITATION Chapter 5-2 NOISE Lafayette, California, Code of Ordinances Created: 2023-11-28 12:54:22 [EST] (Supp. No. 21, Update 3) Page 1 of 4 Chapter 5-2 NOISE Sections: 5-201 Declaration of policy. It is declared to be the policy of the city that the peace, health, safety and welfare of the citizens of Lafayette require protection from excessive, unnecessary, annoying and unreasonable noises from any and all controllable noise sources in the community. It is the intention of the city council to control the adverse effect of such noise sources on the citizen under any normal condition of use, especially those conditions of use which have the most severe impact upon any person. (Ord. 177 § 1 (part), 1977) 5-205 Maximum permissible noise levels by receiving land use. (a) The noise standards for the various categories of land use identified by the noise control officer as presented in Table 5-205 shall, unless otherwise specifically indicated, apply to all such property within a designated zone. (b) No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same on any property owned, leased, occupied or otherwise controlled by such person, any noise which causes the noise level when measured on any other property to exceed: (1) The noise standard for that land use as specified in Table 5 -205 for a cumulative period of more than 30 minutes in any hour; (2) The noise standard plus five dB for a cumulative period of more than 15 minutes in any hour; (3) The noise standard plus ten dB for a cumulative period of more than five minutes in any hour; (4) The noise standard plus 15 dB for a cumulative period of more than one minute in any hour; or (5) The noise standard plus 20 dB for any period of time. (c) If the measured local background noise level exceeds that permissible for the applicable time period within any of the first four noise limit categories described in subsection (b), the allowable noise exposure standard shall be increased in five-dB increments in each category as appropriate to encompass or reflect said ambient noise level. Table 5-205 Outdoor Noise Limits Receiving Land Use Category Time Period Noise Level Limit Standard—dBA Single-family residential 10 p.m.—7 a.m. 7 a.m.—10 p.m. 45 50 ATTACHMENT B Created: 2023-11-28 12:54:21 [EST] (Supp. No. 21, Update 3) Page 2 of 4 Multifamily residential schools, libraries, public spaces 10 p.m.—7 a.m. 7 a.m.—10 p.m. 50 55 Commercial 10 p.m.—7 a.m. 7 a.m.—10 p.m. 55 60 (d) In the event the alleged offensive noise contains a steady, audible tone such as a whine, screech or hum, or is an impulsive noise such as hammering, or contains music or speech conveying informational content, the standard limits set forth in Table 5-205 shall be reduced by five dB. (Ord. 177 § 1 (part), 1977) 5-206 Noise measurement procedure. (a) Upon receipt of a complaint from a citizen, the noise control officer or his agent, equipped with sound -level measurement equipment satisfying the requirements specified in Section 5 -202, shall investigate the complaint. If, in the opinion of the noise control officer, based upon the readily available and observable information and upon the detailed allegations of the complainant, there is probable cause to suspect a violation of this chapter, the noise control officer shall make and record sound level measurements and shall record all information pertinent to the complaint, including the following: (1) Type of noise source; (2) Location of noise source relative to complainant's property; (3) Time period during which noise source is considered by complainant to be intrusive; (4) Total duration of noise produced by noise source; (5) Date and time of noise measurement survey; (6) Height and location of the sound level meter microphone. (b) Utilizing the "A" weighting scale of the sound level meter and the "slow" meter response ("fast" response for impulsive type sounds), the noise control officer or his agent shall measure the noise level at a position or positions along the complainant's property line closest to the noise source or at the location along the boundary line where the noise level is at maximum. In general, the microphone shall be located five feet above the ground and six feet or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized. Using an acoustic calibrator, calibration of the meter used shall be performed immediately prior to the measurements. (Ord. 177 § 1 (part), 1977) 5-207 Prohibited acts. Except as may otherwise be provided in this chapter, it shall be unlawful for any person to do, or cause to be done, any of the following prohibited acts: (a) Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument or similar device which produces or reproduces sound: Created: 2023-11-28 12:54:21 [EST] (Supp. No. 21, Update 3) Page 3 of 4 (1) Between the hours of ten p.m. and seven a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 5-205, or (2) In such a manner as to exceed the levels set forth for public space in Table 5-205, measured at a distance of at least 50 feet (15 meters) from such device operating on a public right-of-way or public space; (b) Loudspeakers (Amplified Sound). Using or operating for any purpose any loudspeaker, loudspeaker system or similar device between the hours of ten p.m. and seven a.m., such that the sound therefrom creates a noise disturbance across a residential real property line, or at any time violates the provisions of Section 5-205; (c) Animals and Birds. Owning, possessing or harboring any animal or bird which frequently or for long duration howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential or commercial real property line; (d) Loading and Unloading. Except for the regular collection of garbage and other refuse by a person franchised to engage in that activity, loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of ten p.m. and seven a.m. in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of Section 5-205; (e) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between the hours of ten p.m. and seven a.m. on weekdays, or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line or at any time violates the provisions of Section 5-205, except for emergency work of public service utilities. This subsection shall not apply to the use of domestic power tools for maintenance purposes; (f) Domestic Power Tools and Equipment. (1) Operating or permitting the operation of any portable, mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool for maintenance purposes between ten p.m. and seven a.m. so as to create a noise disturbance across a residential or commercial real property line, (2) Any stationary installed motor, machinery, pump, etc. shall be sufficiently enclosed or muffled and maintained as not to create a noise disturbance or at any time violate the provisions of Section 5-205; (g) Warning Signals. Operating or permitting the operation of any vehicle horns or other devices intended primarily to create a loud noise for warning purposes, when the vehicle is at rest, or when a situation endangering life, health or property is not imminent; (h) Air-conditioning and Air-handling Equipment. Operating or permitting the operation of any air - conditioning or air-handling equipment in such a manner as to exceed the applicable sound levels contained in Table 5-207; (i) Swimming Pool Equipment. Operating or permitting the operation of any residential swimming pool equipment between the hours of eight p.m. and eight a.m., except when below -freezing temperatures are predicted for the city, or on days of electric power shortages; or at other times in such a manner as to exceed the applicable sound levels contained in Table 5-207. Created: 2023-11-28 12:54:21 [EST] (Supp. No. 21, Update 3) Page 4 of 4 Table 5-207 Maximum Allowable Sound Levels for Air-Conditioning, Air-Handling and Swimming Pool Equipment Measurement Location Units Installed Before 1-1-78 Units Installed On or After 1-1-78 Any point on neighboring residential property line, 5 feet above grade level, no closer than 3 feet from any wall 50 45 Center of neighboring patio, 5 feet above grade level, no closer than 3 feet from any wall 45 40 Outside the neighboring living area window nearest the equipment location, not more than 3 feet from the window opening, but at least 3 feet from any other surface 45 40 At 50 feet from equipment if the above locations are at greater distance: Commercial zone 60 55 Residential zone 50 55 (Ord. 177 § 1 (part), 1977) 1 City Council Staff Report Ord. No. 688 September 26, 2023 City of Lafayette Staff Report City Council Meeting Date: September 26, 2023 Staff: Anna Tolle, Planning Technician Subject: Ordinance No. 688: Prohibiting the Use of Gasoline Powered Leaf Blowers: City-initiated Municipal Code Revision adding Chapter 8-23 entitled "Gasoline Powered Leaf Blowers" to Title 8 Public Welfare, Morals, and Safety of the Lafayette Municipal Code. CEQA: Categorically Exempt pursuant to Section 15061(b) (3), as it can be seen with certainty that it will have no possibility for causing a significant effect on the environment as leaf blowers powered by other, cleaner means are still permitted. SUMMARY Ordinance No. 688, if adopted, will prohibit the use of gasoline powered leaf blowers within the City of Lafayette effective July 1, 2024. If adopted, city staff, residents, and commercial landscape businesses will be prohibited from using gas powered leaf blowers except in emergency cases as authorized by the City. Through the adoption of Ordinance No. 688, the City seeks to reduce community exposure to high levels of noise, hazardous exhaust, and evaporative emissions. The City additionally seeks to reduce greenhouse gas emissions and ensure compliance with AB 1346 which prohibits the sale of gasoline powered small off-road engines (SORES) beginning January 1, 2024. The Environmental Task Force developed Ordinance No. 688 at the direction of the City Council and recommends its adoption. Staff recommends the Council introduce Ordinance 688, hear public comments, waive the first reading, and continue the matter to October 10, 2023 for second reading and adoption. BACKGROUND Gasoline powered leaf blowers create air pollution, pose health risks to operators and residents, and disrupt neighborhood tranquility due to high levels of noise. In 2021, the State of California adopted AB 1346 which prohibits the sale of new small off-road engines (SOREs), including lawn equipment and certain commercial & industrial vehicles, beginning January 2024. The City Council directed the Environmental Task Force (ETF) to research and prepare this proposed Ordinance for the Addressing the issues created by gas powered leaf blowers was first identified on the 2020-2021 annual ETF work plan and has remained a priority of the Task Force during the subsequent years. The ETF developed and recommends the adoption of this Ordinance to encourage the use of zero-emission leaf blowers consistent with the Environmental Action Plan goals to reduce community energy use, transition to renewable energy, replace City-owned landscape equipment with zero-emission equipment, and provide education on resource-efficient landscape management practices to the public. If adopted, this ordinance will be codified in Title 8 Public Welfare, Morals, and Safety and not Title 6 Land Use and Planning. Thus, the ordinance does not need to be reviewed by the Planning Commission. ATTACHMENT C 2 City Council Staff Report Ord. No. 688 September 26, 2023 DISCUSSION Impacts of Gasoline Powered Leaf Blowers There is an extensive body of evidence that internal combustion engines damage the environment and pose health risks to individuals. Gas powered leaf blowers and similar equipment emit significant amounts of carbon dioxide, hydrocarbons, and fine particulate matter, which contribute to smog and air pollution. The California Air Resources Board (CARB) has reported that operating a gasoline powered two-stroke leaf blower for one hour emits the same amount of pollution as driving a 2016 Toyota Camry for 1,110 miles 1. Gas powered leaf blowers also generate significant levels of noise, impacting both operators and bystanders. A landscape professional operating a gas powered leaf blower may be exposed to noise levels exceeding OSHA standards (1 hour exposure without protective gear at 105 decibels, for a louder machine the exposure limit is lower). Electric and battery powered leaf blowers are quieter than their gas powered counterparts and do not emit harmful evaporative emissions. California has banned the sale of all new gasoline powered landscape equipment and other small off-road engines (SOREs) beginning in 2024. This new law, AB 1346, is expected to reduce smog- forming emissions by 72 tons per day and prevent 900 premature deaths over the next 20 years by prohibiting the sale of gas powered SOREs. Financial Impacts to Landscape Professionals The state law AB 1346 only addresses the sale, not the use, of gas-powered SOREs. Under AB 1346 individuals may continue to use their gas powered leaf blowers until they are no longer functional. However, a local prohibition on the use of gas powered leaf blowers will require homeowners and commercial landscapers to switch to zero- emissions equipment sooner, likely before their existing gas powered tools have reached their end of useful life, which will have a financial impact on homeowners and commercial landscapers. A cursory review found that the price of commercial electric and battery powered leaf blowers, and supplemental batteries, can run 2-to-3 times the price of a comparable gas powered version. The state has allocated $30 million to facilitate the transition from internal combustion to zero-emission landscape equipment and other SOREs. California CORE is a CARB incentive program to help landscape professionals and contractors purchase new electric and battery powered equipment. A large portion of this fund ($27 million) was set aside specifically for small and micro businesses. The incentives include discounts up to 70% off the suggested retail price for a variety of equipment, including handheld blowers and backpack blowers. More information can be found on the CARB website or https://californiacore.org. According to the website, $2 million remains available for landscape professionals to access these discounts on equipment. Previously, the Bay Area Air Quality Management District (BAAQMD) also administered two successful lawn & garden equipment exchange programs, one in 2014 for residents and one from 2015-2018 for public agencies to retire their still-functioning gas powered equipment in exchange for rebates on new zero-emission lawn equipment. The $364,000 residential program and the nearly $1 million public sector program have both closed after disbursing all funds, but similar funding opportunities will likely become available in the future. CARB maintains a list of incentives available through other counties or regional Air Quality Districts throughout the state.2 1 https://ww2.arb.ca.gov/sites/default/files/2018- 11/Health%20and%20Environmental%20Impacts%20of%20Leaf%20Blowers.pdf 2 https://ww2.arb.ca.gov/our-work/programs/zero-emission-landscaping-equipment/zero-emission-landscaping- equipment-incentive 3 City Council Staff Report Ord. No. 688 September 26, 2023 Enforcement Enforcement will be challenging as landscape professionals move from site to site and the duration of use for leaf blowers is generally not for extended periods. Currently, leaf blowers and similar noisy activities are regulated under the Noise Chapter of the Municipal Code. To date, Code Enforcement has received a modest number of complaints regarding leaf blowers; staff anticipates the number and frequency of complaints will sharply rise with the implementation of this ordinance. existing online request form through GoGov. When a complaint is received for a gas powered leaf blower, Code Enforcement staff will follow standard procedure: a) use of gas powered leaf blowers. b) Perform a site visit in an attempt to verify the violation. c) If a violation is affirmed, a Warning Notice is sent to the property owner documenting the violation and advising them of corrective action within 20 days (as currently required by Section 1-903 of the Municipal Code). d) Follow up with the property owner to confirm compliance by the compliance date listed in the Warning Notice. e) If the violation is not resolved within the time specified in the Warning Notice, Code Enforcement may issue a Notice of Violation, requiring corrective action within 30 days. If the violation continues beyond 30 days, the officer may issue an Administrative Citation. Education Before Enforcement Prior to enacting the prohibition on gas powered leaf blowers with citations, staff proposes a public education period leading up to July 1, 2024, to inform property owners and commercial landscape businesses of the new ordinance. During that time, staff will provide regular email newsletters, the City website, and by distributing flyers. Staff will prepare flyers in English and Spanish to distribute to residences that may use the services of a commercial landscaper and should be informed of the new law. In addition to containing information about the new ordinance and enforcement, these flyers and materials will include resources for purchasing electric or battery powered equipment and grants or other financial assistance. Staff recommends further clarifying the language in section 8-2306 of the proposed ordinance (Enforcement and Penalties) to make it clear that liability will be assigned to a property owner for authorizing a person to use a gasoline powered leaf blower on their property, based on a recommendation by the ETF. The current standard be held liable for the violation. This revision will clarify that the property owner is responsible for operating, or hiring someone to operate, gas powered equipment on their property. campaign will work to reach both homeowners and landscape professionals, but ultimately the responsibility lies with the property owner. Exemptions Ordinance 688 would prohibit the use of gas powered leaf blowers for anyone in the City of Lafayette, including City staff and contractors working on City-owned property. The only exemptions listed in the ordinance are for emergency cases as approved by the City. This includes when responding to an emergency or as necessary to restore or protect life or property, as well as clearing vegetation or debris to protect public safety. 4 City Council Staff Report Ord. No. 688 September 26, 2023 City staff and contractors will be required to abide by the new law. Both the Public Works Department and Parks, Trails, and Recreation Department (PTR) have added battery powered leaf blowers to their inventory. The Public Works Department has five gas powered leaf blowers remaining in its inventory which are rarely used and are being phased out. Both departments have sufficient battery powered leaf blowers to fully transition in compliance with the proposed law. Outreach Many landscape companies based in other Bay Area cities may operate in Lafayette and would not be aware of this proposal unless notified. Staff identified landscape companies in Lamorinda and the East Bay Area through Contra , and sent an email to inform them of this upcoming ordinance. A display ad announcing the hearing was placed in the Contra Costa Times on Friday, September 8 th as well. The ETF submitted a letter to the editor of the Lamorinda Weekly announcing this meeting, but it had not been published as of the writing of this staff weekly e-newsletter, reminding subscribers of the item on the City Council agenda. Outreach and education July 1, 2024 will be crucial to a smooth and successful transition for homeowners and landscape professionals. The ETF will continue working with City staff to develop and distribute information, such as flyers, to residents. This information will be developed in English and Spanish to reach target audiences and ensure that the City is providing clear and helpful information. Staff will continue to update the City website with information and resources at www.lovelafayette.org/leaf-blowers. As new funding sources arise to assist homeowners or landscape business owners with purchasing electric and battery powered equipment, these resources will be added to the website. Other Jurisdictions with Similar Laws Hundreds of cities and counties nationwide have enacted laws restricting the use of gas powered leaf blowers and other landscape equipment. Over 40 cities in the state of California have enacted such laws. Some of the earliest examples include Carmel (1975) as well as the Bay Area municipalities of Belvedere (1987), Piedmont (1990), Los Altos and Berkeley (both 1991). Other Bay Area cities with restrictions on gas leaf blowers include Mill Valley, Tiburon, Los Gatos, Sebastopol, Sonoma, Portola Valley, Alameda, Palo Alto, Novato, and Menlo Park. ENVIRONMENTAL REVIEW Staff reviewed this proposal in accordance with the California Environmental Quality Act (CEQA). The ordinance prohibiting the use of gas-powered leaf blowers is exempt from CEQA pursuant to Section 15061(b)(3). It can be seen with certainty that it will have no possibility for causing a significant effect on the environment, as leaf blowers powered by other, cleaner means are still permitted. 5 City Council Staff Report Ord. No. 688 September 26, 2023 PUBLIC NOTICE & COMMENT A display advertisement was published in the Contra Costa Times on Friday, September 8, 2023 providing advance notification of this City Council agenda item. Staff has compiled public comments regarding gas powered leaf blowers going back to 2021, which total over 75 comments. These comments are included in this report as Attachment #2. Staff referred the draft ordinance to the Lafayette Public Works Department and Lafayette Parks, Trails & Recreation Department for their review. Their comments are included in this report as Attachment #3. RECOMMENDATION Introduce Ordinance 688, hear public comments, and waive first reading. Continue the matter to October 10, 2023 for second reading and adoption. ATTACHMENTS 1. Draft Ordinance No. 688 2. Public Comments 3. City Department Referrals