CC SR 20181002 03 - Leaf Blower RegulationsRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/02/2018
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to repeal and replace Chapter 8.16 (Weed and
Debris Blowers) of Title 8 (Health and Safety) of the City’s Municipal Code to prohibit
the use of gas-powered blowers on lots developed with a single-family residential unit
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. ___, 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 BLOWERS AND
PROHIBITING THE USE OF GAS-POWERED BLOWERS ON LOTS
DEVELOPED WITH A SINGLE-FAMILY RESIDENTIAL UNIT.
FISCAL IMPACT: There will be a nominal fiscal impact resulting from the public
outreach associated with enacting new regulations pertaining to weed and debris
blowers, which will be covered with the existing budget.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Mario Arellano, Assistant Planner
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. ___ (page A-1)
B. Public Comments (page B-1)
BACKGROUND AND DISCUSSION:
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. In response to the City Council’s directive, as well as
to comments received from the public expressing concerns with the general noise and
air quality impacts associated with the use of blowers throughout the City, Staff
researched how other cities in the South Bay regulate weed and debris blowers. For the
most part, other South Bay cities regulate the hours of operation and/or the noise levels
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of weed and debris blowers, with the exception of Hermosa Beach, Manhattan Beach,
and most recently Redondo Beach, which prohibit the operation of any gas-powered
blower outright.
In light of the sloping topography and the larger lots that are common in the City, Staff
does not believe that banning the use of gas-powered blowers throughout the City nor
banning the use of gas-powered blowers in the City’s multi-family, commercial, and
institutional areas is reasonable. However, in order to minimize noise and air quality
impacts upon residents, Staff proposes to prohibit the use of gas-powered blowers on
lots developed with a single-family residence. It should be noted that Staff’s
recommendation is not based on zoning districts because there are properties in the
City’s single-family residential (RS) zoning districts that are improved with golf courses
(e.g., Trump National Golf Club) and multi-family residences where such a prohibition
would be overly burdensome to the owners’ maintenance operations.
Prohibiting gas-powered blowers on lots developed with single-family homes will
enhance residents’ quality of life. Gas-powered blowers are generally louder than
electric-powered blowers, with approximately 10-15 dBA difference between the two
types of equipment. As for air quality, the difference between gas-powered and electric-
powered blowers is much more drastic: gas-powered blowers release pollutants and
greenhouse gases, such as carbon monoxide, nitrogen oxide, and particulate matter
into the atmosphere. As a result, the emissions produced by gas-powered blowers can
create or contribute to adverse health effects such as asthma and respiratory disease.
Based on this information and the City Council’s previous directive, Staff proposes to
repeal the current language found in Chapter 8.16 and replace it with new language that
regulates the operation of blowers and prohibits the use of gas-powered blowers on lots
developed with a single-family residential units, as described below (repealed text
shown in strike-through and replaced text shown in underline)
Repealed Text:
Chapter 8.16 - WEED AND DEBRIS BLOWERS
8.16.010 - Times and manner of prohibited use.
It is unlawful for any person to use or operate a mechanical blower before 8:00 a.m. or
after 5:00 p.m. Monday through Friday, or before 9:00 a.m. or after 4:00 p.m. on
Saturday or at any time on Sundays, or national holidays. It is further unlawful for any
person operating any type of mechanical blower to blow cuttings, refuse or debris onto
a neighboring property or into a street, gutter or drain. A mechanical 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.
8.16.020 - Violation—Penalty.
2
Violation of this chapter shall be an infraction and punishable as provided in Chapter
1.08 (General Penalty) of this code.
Replaced Text:
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.
ADDITIONAL INFORMATION:
Effective Date of the New Weed and Debris Blower Ordinance
In order to raise public awareness of the new law regulating blowers in the City, Staff
recommends that this ordinance go into effect on January 1, 2019. This will enable
Staff to conduct the following public outreach efforts:
• Publish an article in the City’s Winter 2019 Quarterly Newsletter
• Issue listserv messages
• Broadcast public service announcements on RPVtv and the City’s social media
outlets
• Present information at a Council of Homeowners’ Associations (CHOA) meeting
• Update the City’s website
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• Develop handouts to be distributed at the public counters at City Hall and park
sites
Comparison of Purchase Costs
Standard electric blowers—such as hand held, corded, and cordless—range between
$35 and $150 and are considered to be less expensive than gas-powered blowers.
Heavy-duty blowers (both electric- and gas-powered), which provide more power and
better performance, are comparable in overall price, ranging between $200 and $600.
Pilot Program
At this time, Staff does not believe that prohibiting gas-powered blowers or outright
prohibiting all gas-powered blowers throughout the City is reasonable due to the large
size of some properties, where maintenance will become more onerous without the
ability to use gas-powered blowers. Once this ordinance goes in effect, Staff will
monitor the effectiveness of the prohibition of gas-powered blowers in single-family
residential neighborhoods to determine whether the law should be expanded to other
areas of the City.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify specific changes to the proposed language of RPVMC Chapter
8.16, and continue the consideration of this ordinance for reintroduction at
a future meeting.
2. Take no action on the proposed ordinance at this time.
4
ORDINANCE NO. ___
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 particular
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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. 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.
A-1
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 2. This Ordinance shall take effect starting on January 1, 2019.
Section 3. 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 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).
Section 4. 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,
A-2
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 5. 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.
PASSED, APPROVED and ADOPTED this __th day of October 2018.
_________________________
Mayor
ATTEST:
_______________________________
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. ___ 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
_________, 2018, and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
__________________________
City Clerk
A-3
May 19th, 2018
Dear City of Rancho Palos Verdes,
Complaint regarding the use of landscape gasoline leaf blowers
With courtesy and respect ...
As a resident who is living in rental accommodations to feel out the area with a
view to buying a home here, I would like to ask: Why does the city allow the use
of gas powered leaf blowers?
In this day and age -with pollution, greenhouse gases, etc, high on the
agenda ... why does a city as forward thinking and supposedly with a high regard
for the quality of life of its residents still allow these? To be clear-these create
unwanted dust, pollutants, gasoline fumes and carbon monoxide. Not to mention
the extremely annoying sound -noise pollution.
I live in a part of the city where there are large multi-family properties who's
owners engage landscape companies who use these blowers. It is not an
exaggeration to say that they come several times a week and use these for 10 to
15 minutes at a time or much longer, right below our residence on Highridge Road
at Peacock Ridge Drive -and along Highridge Road. Imagine a dog barking loudly
non-stop for 15 minutes?
And for what -to move dirt and leaves somewhere else? It doesn't get rid of it -
it shifts its location -and much of it ends up in the atmosphere.
I'm very disappointed that I even have to write such a letter. See below -many
local communities have already banned them or are planning to. These should
have been banned long ago.
They serve little purpose and are detrimental to the quality of life in RPV.
Would you please pass this letter to the city council for review at a meeting -or
whichever department you deem appropriate. Thank you so much for reading.
Sincerely, Colin Campbell
B-1
Colin Campbell
28129 Peacock Ridge Dr #308
Rancho Palos Verdes, CA 90275
It's time to ban these please!!
Redondo Beach proposes citywide ban on lear blowers -Daily Breeze
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From the City of RPV website
Amendments to Landscape Activities and Construction Activities
RPVMC Chapter 8.16 (Weed and debris blowers) currently limits the hours when weed and
debris blowers can be used to 8:00 AM to 5:00 PM, Mondays through Fridays, and 9:00 AM to
4:00 PM on Saturdays. Chapter 8.16 prohibits the use of weed and debris blowers at any time
on Sundays or legal holidays. This prohibition is specific to weed and debris blowers, and not to
other landscape activities such as lawn mowers, tree trimmers, weed whackers, saws, edgers,
wood chippers, etc. RPVMC Section l 7.56.020(B) (Conduct of construction and landscape
activities) currently limits construction activities, grading, landscape activities or the operation
of heavy equipment to 7:00 AM to 6:00 PM, Mondays through Fridays, and 9:00 AM to 5:00 PM
on Saturdays. Section 17.56.020 (B) prohibits these activities on Sundays or legal holidays.
B-2
Staff believes that the impacts generated by general landscape activities are similar to the
impacts of weed and debris blowers and should be regulated consistently especially in terms of
noise impacts to adjacent properties. As such, Staff recommends amending 17.56.020(B) by
separating construction activities and landscaping activities into two separate categories, and
applying the same hours to landscape activities as currently apply to weed and debris blowers .
Urgency Ordinance
Staff has been receiving a growing number of complaints from residents living in close
proximity to a source of sound that is loud, unwanted, or perceived as an annoyance. Under
the current noise regulations found throughout the Municipal Code, Staff is unable to
effectively respond to certain complaints. Staff therefore recommends that the City Council
adopt an Urgency Ordinance to immediately enact the Noise Ordinance in the interim while the
regular ordinance process occurs. The adoption of the proposed Urgency Ordinance requires a
four-fifths (4/5) vote of the City Council on the basis of a need for an "immediate preservation
of public peace, health and safety"
B-3
From: Noel Park [mailto:noe lparkone@gmail.com ]
Sent: Wednesday, August 22, 2018 9:02 AM
To: CC <CC@rpvca.gov>
Subject: Leaf blower ban
I noted with interest the article about the Redondo Beach leaf blower ban on page one of today's
Daily Breeze. I would strongly support a similar ban in RPV. If my gardener's bill went up a bit
as a result, I could live with it.
On many days around here, the cacophony of leaf blowers can make one forget the treasured
"semi-rural" feeling of our community.
Best regards,
Noel Park
6715 El Rodeo Road
Rancho Palos Verdes CA 90275
562-413-5147
B-4
Mario Arellano
From:
Sent:
To:
Subject:
Hi Mario,
Shatao Lin <shataol@gmail.com>
Friday, August 24, 2018 7:37 AM
Mario Arellano
Fwd: Gas leave blowers
I was told that you are the contact person in the area of gasoline-, electricity-powered leave blower in the city
code amendment.
Is there currently a proposal to ban completely the use of these type of blowers? These blowers have created
both air and noise pollution everywhere in the city. I would like to see its usage being completely banned in our
city.
Please let me know the progress in this regard,
This the news extract from the recent Daily Breeze showing Redondo Beach is the city to have this ban recently
(effective Aug 11th), we are a lot behind the other neighboring cities.
Daily Breeze
LOCAL NEWS
Redondo Beach bans leaf blowers, spreads word to homeowners and gardeners
https ://www. dail ybreeze. corn/2018/08 /21 /redondo-beac h-bans-leaf-b lowers-s preads-word-to-homeowners-and-
~mdene rs /
Soon after the ban on motorized leaf blowers took effect on Aug. 11, Douglas and Elaine Sieker made up fliers
notifying their neighbors about the prohibition and went around the neighborhood passing them out and
speaking with people.
Redondo Beach is actually late to the leaf blower-ban game. The city of Los Angeles instituted its ban in the
1990s and similar bans exist in neighboring beach cities including Hermosa Beach and Manhattan Beach . For
the past 20 years, leaf blower bans have been spreading across the country.
To report a leaf blower violation in Redondo Beach, call (310) 937-6677.
-Shatao
1 B-5