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HomeMy WebLinkAbout17 - Gas-Powered Leaf BlowersaEW PpQT CITY OF NEWPORT BEACH: City Council Staff Report 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: u,t-LA Ordinance 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. 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 7 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 surveys 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 rJ 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 LEV1101� Michael Henn ATTEST: CITY CLERK APPROVED AS TO FORM: OFFICE OF TUE CITY ATTORNEY David R. Hunt, City Attorney [A 10- 00922]- Lea @lower re- wr,,ite.040511 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.B.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: 1. The common interest development association's board shall take action to be exempt from NBMC section 6.04.055.B.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.B.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.B.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 9