HomeMy WebLinkAbout04 - Gas-Powered Leaf BlowersCITY OF
� SEW POR
r
o � � NEWPORT BEACH
City Councill Staff Report
Agenda Item No. 4
May 10, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949 - 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Rob Houston, Assistant to the City Manager
APPROVED:
Ordinance No. 2011 -12: Pertaining to Gas - Powered Leaf
TITLE: Blowers in Residential Districts. Amendment to the Newport
Beach Municipal Code, Title 6. Second Reading
ABSTRACT:
The second reading an ordinance that amends the Newport Beach Municipal Code and
would ban the use of gas powered leaf blowers in residential neighborhoods.
0 :16191 1 ! 1 I i
The ordinance would go into effect on November 14, 2011 which would be six months
after the second reading of this ordinance on May 10, 2011. During this six month
phase in period there will be public and media outreach, written notification to the
landscape maintenance companies, written notification to the home owner associations
and verbal warnings to those in violation of the ordinance.
After discussion with Code Enforcement staff, we note that we believe that enforcement
of this ordinance will be difficult. Many gardeners work fairly early in the morning, or on
Saturdays. We could reschedule some of our staff to work those hours, but that would
mean they would have less time for other code enforcement activities. Indeed, in a
neighboring city with a blower ban, the use of gas - powered blowers remains common
with little or no enforcement observed.
As such, it will be very difficult for staff to prioritize a leaf blowing complaint and get to
the site of the complaint in time to intercept a blower user before they leave the area. It
will be hoped that residents and their gardeners will comply with the new ordinance
voluntarily, and that residents will be ambassadors for us encouraging the use of
alternatives to gas - powered blowers.
The Ordinance was passed by council at the April 25, 2011 meeting and is presented
for second reading.
ECONOMIC IMPACT:
There is a potential of an increase in landscape maintenance fees to private property
owners due to a need for companies to purchase electric leaf blowers and a one -time
cost to homeowners that do their own leaf blowing if they purchase an electric leaf
blower.
Al T1136]1Ii!iI4'dftI _1N:7AT /I�!i!�
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ( "CEQA ") pursuant to Section 15301- existing facilities of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential to have a significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by
a
Rob Houston
Assistant to the City Manager
M
Agenda Item No. 17
April 26, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949 - 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Rob Houston, Assistant to the City Manager
APPROVED:
Or finance 2011 - Pertaining to Gas - Powered Leaf
TITLE: Blowers in Residential Districts. Amendment to the Newport
Beach Municipal Code, Title 6.
ABSTRACT:
An amendment to the Newport Beach Municipal Code that would ban the use of gas
powered leaf blowers in residential neighborhoods.
RECOMMENDATION:
Introduce the following ordinance and pass to second reading on May 10, 2011:
Ordinance No. 2011 -_ An ordinance of the City Council of the City of Newport Beach
amending the Newport Beach Municipal Code Title 6, Chapter 6.04 (Garbage, Refuse
and Cuttings), by revising Section 6.04.055.
Review and provide comment on the administrative policy outlining the HOA opt -out
procedures.
FUNDING REQUIREMENTS:
There is fiscal impact associated with City maintenance operations is insignificant, but if
City staff begin enforcement of the ban, some expense is anticipated, and this expense
is not budgeted at this point in time.
DISCUSSION:
During the City Council Study Session on March 22, 2011, Council reviewed a draft
ordinance and resolution to ban the use of gas powered leaf blowers in residential
neighborhoods. Council discussed the ordinance and several potential amendments
were considered including the possibility of banning both electric and gas blowers,
April 26, 2011
Page 2
limiting blowers based on noise levels, and excluding some residents from the ban such
as seniors.
Council directed staff to bring back the proposed ordinance amendment with language
that clarified the process for HOA groups to opt -out of the ban and to better define golf
course property to ensure they are excluded from the ban.
The ordinance presented for adoption includes the following:
• A citywide ban on gas - powered leaf blowers in residential areas.
• An option for homeowner associations to opt -out of the citywide ban.
• The exclusion of Commercial areas, Golf course property, City parks, and
medians from the ban.
• A phase -in period of six (6) months before the ban takes effect.
• The ordinance does not apply to electric leaf blowers or vacuums.
The ordinance would go into effect on November 14, 2011 which would be six months
after the second reading of this ordinance on May 10, 2011. During this six month
phase in period there will be public and media outreach, written notification to the
landscape maintenance companies, written notification to the home owner associations
and verbal warnings to those in violation of the ordinance.
The attached administrative policy details the HOA opt out procedures that will be
overseen by the City Manager and assigned staff.
ECONOMIC IMPACT:
There is a potential of an increase in landscape maintenance fees to private property
owners due to a need for companies to purchase electric leaf blowers and a one -time
cost to homeowners that do their own leaf blowing if they purchase an electric leaf
blower.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ( "CEQA ") pursuant to Section 15301 - existing facilities of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential to have a significant effect on the environment.
ON
April 26, 2011
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
b�
Rob Houston
Assistant to the City Manager
Attachments: A. Ordinance 2011-
B. Gas Powered Leaf Blower Opt -Out procedures for certain common
interest developments Policy
J
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
PERTAINING TO GAS- POWERED LEAF BLOWERS
IN RESIDENTIAL DISTRICTS
WHEREAS, residents, business owners and landscape maintenance operators
in the City of Newport Beach have participated in surveys about the effects of gas
powered leaf blowers and other mechanical landscape maintenance devices in districts
zoned for residential use; and
WHEREAS, the results of the surreys indicated that gas powered leaf blowers
are more disruptive or intrusive in some residential districts than other types of
mechanical landscape maintenance devices, and that many residents want a prohibition
on gas powered leaf blower use in residential neighborhoods but do not want a
prohibition on electric leaf blowers or leaf vacuums; and
WHEREAS, the City Council finds that frequent use of gas powered leaf blowers
in residential districts creates excessive noise, dust and debris, and creates annoyance
for persons of normal sensitivity; and
WHEREAS, the City Council finds that common interest developments of five or
more dwelling units, that have an association responsible for establishing regulations or
operating rules controlling the management and maintenance of the exterior residential
environment, have adopted, or have the ability to adopt self- imposed regulations that
establish a regulatory framework addressing the exterior residential environment, and
such regulatory frameworks can be used by common interest developments of five or
more dwelling units to more closely address neighborhood impacts of leaf blowers
within such developments; and
WHEREAS, the City Council wishes to prohibit the use of gas powered leaf
blowers in all residential districts except by certain public employees or contractors
acting in the scope of their employment, and in residential common interest
developments of five or more dwelling units that have an association responsible for
establishing rules and regulations for the management and maintenance of exterior
common areas; and
WHEREAS, the City Council wishes to provide a six -month phase -in period after
adoption of this ordinance, during which (1) City staff can conduct outreach to inform
residents and landscape maintenance companies of the restrictions created by this
ordinance, and (2) common interest developments of five or more dwelling units that
have an association responsible for establishing regulations or operating rules
q
controlling the management and maintenance of the exterior residential environment
may take action to opt out of the ordinance's prohibition on operating gas powered leaf
blowers in residential zones if they choose to do so, as provided by the ordinance.
NOUN, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
SECTION 1: Section 6.04.055 of the Newport Beach Municipal Code is hereby
revised and amended as follows:
6.04.055 Leaf Blowers.
A. Definitions.
1. "Leaf blowers" shall mean any air blowing machine that uses a concentrated
stream of air to push, propel or blow dirt; dust, leaves, grass clippings, trimmings,
cuttings, refuse or debris. This definition shall include "mechanical blowers" as that
term is used in Chapter 10.28 of this Code. "Leaf blowers" shall not include any leaf or
refuse vacuum.
2. "Common interest development" and "association" shall be defined as those
terms are defined in California Civil Code section 1351.
B. Use of Leaf Blowers.
1. Leaf blowers may be used and operated to sweep or clean any surface of
dirt, dust, leaves, grass clippings, trimmings, cuttings, refuse or debris only if the
cuttings, refuse or debris so swept or blown are not left in or upon any adjacent
or other parcel, any street, public place or right -of -way, public beach, or on the
shore, or in the waters of Newport Bay.
2. The hours of operation and maximum noise levels shall be subject to the
provisions of Chapter 10.28.
3. Operation of Gas Powered Leaf Blowers in Residential Districts Prohibited.
After November 10, 2011, gas powered leaf blowers shall not be operated in any
district identified in Title 20 of this Code as a district zoned for residential use,
with the exception of operations or locations described in a. through e. below
a. Residential common interest developments of five or more dwelling units
with an association responsible for establishing regulations or operating rules
controlling the management and maintenance of their exterior residential
environment may, by the method set out in their association's rules and
regulations, choose to be exempt from the restrictions contained in this
section. The Office of the City Manager shall establish procedures through
which such residential common interest developments may demonstrate
their decision to be exempt from this section.
b. The maintenance, repair or improvement of any public work or facility by
public employees, by any person or persons acting pursuant to a public
works contract, or by any person or persons performing such work or
pursuant to the direction of, or on behalf of, any public agency.
c. Maintenance of golf courses and golf practice facilities conducted
between the hours of six a.m. and eight p.m., and maintenance of other non-
residential uses appurtenant to golf course uses between the hours of seven
a.m. and eight p.m.
d. Non - residential uses located within the boundaries of Planned Community
(PC) districts.
e. Operation on parcels zoned for non - residential use that may be adjacent
to or surrounded by a district otherwise zoned for residential use (including
but not limited to parcels zoned for public or private institutional uses, park
and recreation uses, open space uses, or other similar non - residential uses.
C. Violations. Any person who uses a gas powered leaf blower in a residential zone,
and /or causes or permits cuttings, refuse or debris swept or blown by any leaf blower to
be left in places contrary to the provisions of subsection (B) of this section is guilty of an
infraction. (Ord. 95 -38 § 2, 1995: Ord. 87 -15 § 1, 1987; Ord. 83 -23 § 1, 1983; Ord. 1828
§ 1, 1979)
SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
(r)
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 26th day of April, 2011, and adopted on the 10th day of May,
2011, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
Michael Henn
ATTEST:
ITY CLERK
APPROVED AS TO FORM:
OFFICE OF WE CITY ATTORNEY
David R. Hunt, City Attorney
(A 10- 009221- Leatblower re- write.040511
V
SUBJECT: GAS POWERED LEAF BLOWER PROHIBITION — OPT -OUT
PROCEDURES FOR CERTAIN COMMON INTEREST
DEVELOPMENTS
SCOPE: This policy sets forth procedures that certain common interest
developments may follow to demonstrate that their association has
validly chosen to be exempt from the provisions of Newport Beach
Municipal Code (NBMC) section 6.04.055.8.3. .
PURPOSE:
The City recognizes that gas powered leaf blowers feature a higher horsepower engine
than electric leaf blowers, and that this higher horsepower frequently results in
correspondingly higher rates of noise, dust and debris produced by gas powered leaf
blowers. To promote the public comfort, safety and welfare, and to protect the rights of
its residents to freedom from nuisance and excessive levels of noise, the City has
adopted an ordinance prohibiting operation of gas powered leaf blowers in residential
neighborhoods.
However, the City also recognizes that many common interest developments already
have, or could adopt, regulations or operating rules that control the management and
maintenance of the common interest developments' common areas or separate
interests. The City acknowledges that a common interest development's operating
rules and regulatory framework can more closely address neighborhood impacts of leaf
blowers and other exterior maintenance equipment within the boundaries of that
common interest development. Therefore, NBMC provisions prohibiting operation of
gas powered leaf blowers in residential zones allow common interest developments with
five or more dwelling units that have such regulations or operating rules to opt out of the
prohibition by following certain procedures.
To protect the comfort and welfare of residential neighborhoods surrounding common
interest developments, only common interest developments (as defined by Civil Code
section 1351) of five or more dwelling units may opt out of the provisions of NBMC
section 6.04.055.B.3.
NOTE: Non - residential areas of common interest developments, and common interest
developments without residential uses, are not subject to NBMC section 6.04.055.B.3.
POLICY AND PROCEDURES:
Common interest developments of five or more dwelling units that have an association
responsible for establishing regulations or operating rules controlling the management
and maintenance of exterior common areas may choose to be exempt from the NBMC's
ban on operation of gas powered leaf blowers in residential zones. To inform the City of
the common interest development's decision to opt out of the provisions of NBMC
section 6.04,055,B.3., a common interest development shall take the following steps:
-,
6
1. The common interest development association's board shall take action to be
exempt from NBMC section 6.04.055.8.3., by any method set forth and permitted
under their association's rules and regulations. To assist common interest
developments in this process, the Planning Department shall prepare a sample
association board resolution reflecting a decision to be exempt from NBMC
section 6.04.055.6.3.
2. Authority to regulate the exterior common areas and separate interests within
common interest developments may come from a common interest
development's Conditions, Covenants and Restrictions (CC &Rs), or from an
association's operating rules, as defined by Civil Code section 1357.130, or from
such other documents as the Planning Department determines are sufficient to
demonstrate the association's authority to regulate the common interest
development's exterior residential environment.
3. The common interest development association shall present the Planning
Department with documents reflecting the board's resolution or other action
taken to exempt the common interest development from NBMC section
6.04.055.B.3. It shall also present the City with copies of any documents the
Planning Department determines are necessary to demonstrate the common
interest development's association has the ability to adopt regulations addressing
the common interest development's exterior residential environment.
4. The common interest development's CC &Rs and /or operating rules need not
reflect that the association actually regulates landscape maintenance activities in
the common interest areas or separate interests. The relevant inquiry for the City
is whether the common interest development's association has the ability to
adopt regulations or operating rules that regulate the exterior residential
environment within the common interest development's boundaries.
5. The common interest development association's board may take the actions
described above at any time, including during the six -month phase -in period
between the adoption of Ordinance No. 2011 - and the ordinance's
effective date of , 2011. A common interest development that has
opted out of NBMC section 6.04.055.8:3. may later choose to reverse its action.
If so, the common interest development's association may notify the Planning
Department by procedures substantially similar to those set forth above that it no
longer wishes to be exempt from the provisions of NBMC section 6.04.055.B.3.
Adopted: 2011
q