ORD 611 ORDINANCE NO. 611
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES REPEALING AND REPLACING CHAPTER 8.16
(WEED AND DEBRIS BLOWERS) OF TITLE 8 (HEALTH
AND SAFETY) OF THE CITY'S MUNICIPAL CODE
REGULATING THE USE OF GAS-POWERED BLOWERS
AND PROHIBITING THE USE OF GAS-POWERED
BLOWERS ON LOTS DEVELOPED WITH A SINGLE-
FAMILY RESIDENTIAL UNIT
WHEREAS, On June 5, 2018, the City Council directed Staff to bring forward an
ordinance amending Chapter 8.16 (Weed and Debris Blowers) of Title 8 (Health and
Safety) of the Rancho Palos Verdes Municipal Code to prohibit the use of gas-powered
blowers in the City's residential neighborhoods; and,
WHEREAS, gas-powered blowers are generally louder than electric-powered
blowers with approximately 10 to 15 dBA difference between the two types of equipment,
and gas-powered blowers contribute to air pollution releasing pollutants and greenhouse
gas emissions, such as carbon monoxide, nitrogen oxide, and particulate matter into the
atmosphere. As a result, the emissions produced by gas-powered blowers can create
harmful and serious health effects such as asthma and respiratory disease; and,
WHEREAS, the City Council of the City of Rancho Palos Verdes finds that the
adoption of the limitations provided for in this ordinance relating to weed and debris blower
use will enhance residents' and visitors' quality of life by reducing exposure to noise and
pollution; and,
WHEREAS, on October 2, 2018, the City Council conducted a duly noticed public
hearing, considered testimony and materials in the staff report and accompanying
documents, which were made a part of the public record; and,
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been
met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated
into this Ordinance as set forth herein.
Section 2. Chapter 8.16 (Weed and Debris Blowers) of Title 8 (Health and
Safety) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced to
read as follows:
Chapter 8.16 --WEED AND DEBRIS BLOWERS
8.16.010 Purpose.
The purpose of this chapter is to ensure that the use of weed and debris blowers for
landscaping or property maintenance is conducted in a manner that minimizes impacts
to neighboring properties, preserves the semi-rural ambiance of the City, and minimizes
impacts to the environment.
8.16.020 Prohibited Use.
The use of gas-powered blowers shall be prohibited on lots developed with a single-
family residential unit.
It is further unlawful for any person operating any type of weed and debris blower to
blow cuttings, refuse, or debris onto a neighboring property or into a street, gutter, or
drain. A weed and debris blower shall include any device used, designed or operated
to produce a current of air by fuel, electricity or other means to push, propel, or blow
cuttings, refuse, or debris.
8.16.030 Hours of Operation.
The use or operation of any type of permitted weed and debris blower shall occur
between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, or 9:00 a.m. and
4:00 p.m. on Saturday. The use or operation of any weed and debris blower is prohibited
at all times on Sundays or federal holidays.
Section 3. This Ordinance shall take effect starting on January 1, 2019.
Section 4. The City Council has considered this Ordinance and finds that this
project is exempt from the requirements of the California Environmental Quality Act
("CEQA"). The project is exempt pursuant to State CEQA Guidelines, 14 Cal. Code Regs.
Sec. 15307 as an action taken to assure the maintenance, restoration, or enhancement
of a natural resource, specifically air quality and noise, where the regulatory process
involves procedures for protection of the environment. This Ordinance does not
contemplate any construction activities, and there is no evidence to suggest that the
Ordinance will result in a significant impact on the environment, including impacts due to
unusual circumstances. The adoption of this Ordinance will result in the enhancement
and protection of air quality and noise resources in the City, and there is no evidence to
suggest that the Ordinance would result in cumulative adverse environment impacts.
Based on the foregoing and other substantial evidence in the record, the City Council
hereby finds and determines that the Ordinance is exempt from the provisions of CEQA,
pursuant to State CEQA Guidelines Section 15307. Further, as a separate and
independent ground, the City Council finds that the Ordinance is covered by the general
rule that CEQA applies only to projects that have the potential for causing a significant
effect on the environment. Because it can be seen with certainty that there is no possibility
that the Ordinance will have a significant effect on the environment, the Ordinance is not
subject to CEQA pursuant to State CEQA Guidelines Section 15061 (b)(3).
Ordinance No. 611
Page 2 of 3
Section 5. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance, and each
and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 6. The time within which judicial review of the decision reflected in this
Ordinance must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
Section 7. The City Clerk shall cause this Ordinance to be posted in 3 public
places in the City within 15 days after its passage, in accordance with the provisions of
Section 36933 of the Government Code. The City Clerk shall further certify to the
adoption and posting of this Ordinance, and shall cause this Ordinance and its
certification, together with proof of posting, to be entered in the Book of Ordinances of the
Council of this City.
PASSED, APPROVED and ADOPTED this 16th day of October 2018.
May
ATTE •
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 611 passed first reading on October 2, 2018, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
October 16, 2018, and that the same was passed and adopted by the following roll call
vote:
AYES: Alegria, Cruikshank, Duhovic, Dyda • Mayor Brooks
NOES: None
ABSENT: NoneVINO
ABSTAINED: None
vim&
gert Clerk
Ordinance No. 611
Page 3 of 4
CITY OF RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of
the City of Rancho Palos Verdes;
That on October 17, 2018, she caused to be posted the
following document entitled: ORDINANCE NO. 611, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES REPEALING AND REPLACING
CHAPTER 8.16(WEED AND DEBRIS BLOWERS)OF TITLE 8
(HEALTH AND SAFETY) OF THE CITY'S MUNICIPAL CODE
REGULATING THE USE OF GAS-POWERED BLOWERS AND
PROHIBITING THE USE OF GAS-POWERED BLOWERS ON
LOTS DEVELOPED WITH A SINGLE-FAMILY RESIDENTIAL
UNIT, a copy of which is attached hereto, in the following
locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the forego) is a true and correct affidavit of
posting.
At,
ity Clerk