Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: ADOPTION OF NOISE ORDINANCE AMENDMENTS TO
RESTRICT THE USE OF GAS-POWERED LEAF BLOWERS
DURING CERTAIN HOURS
Date: June 25, 2024
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt an ordinance amending the noise ordinance to restrict the use of gas-powered leaf blowers during certain hours and clarify the standards for determining violations.
Background
During the current fiscal year, City Council directed staff to add an update of the noise ordinance to a future agenda item, specifically to discuss noise generated by leaf blowers. This was reflected in the FY 24-25 Strategic Planning work plan and indicated as complete by the end of FY 23-24.
On May 14, 2024, the City Council reviewed potential amendments to the municipal code to restrict the use of leaf blowers. Specifically, the City Council affirmed the proposed hours of use restriction and limiting it to gas powered leaf blowers only.
On June 11, 2024, the City Council voted to introduce the ordinance as amended. Prior to introduction, Council approved a motion to amend by Vice Mayor Ford, modifying the language in section G(1) to replace “in a residential zone” with “within City limits, except in industrial zones.”
Analysis/Discussion
Currently, the City’s noise ordinance does not specifically prohibit leaf blowers, but generally prohibits loud and unusual noises, based on noise standards in Chapter 17.30.050 Noise Standards, in the City’s municipal code. The significance criteria are ultimately supported by the noise analyses completed with the General Plan.
Leaf blowers are transitory, and like any transitory noise, they would be difficult to regulate.
Presumably, most nuisance noise issues would come up outside of normal working hours, which adds an additional complication for regulation. Therefore, staff reviewed other ordinances that regulate leaf blowers (Santa Rosa and City of Sonoma, specifically). City staff also spoke with staff in the City of Sonoma to understand how they are regulated. Sonoma is also a smaller community and now has the benefit of hindsight after implementing a very contentious leaf blower ordinance. Of particular concern was the potential issues that could arise if police were required to ticket and potentially fine landscapers, as they are generally the only staff available outside normal business hours.
In discussions with City of Sonoma staff, the recommended approach to implement a leaf blower restriction is to initially reach out to landscape contractors that work in the area (in addition to the City’s own landscape contractor) and inform them of the change to put them on notice. For enforcement, the recommended practice is to rely on residents to report violations. For transitory or after-hours violations, it’s common practice for residents to document the issue and provide that the City for follow-up. In this case, the recommended process would be the same, with code enforcement following up with a warning letter followed by potential enforcement letters if violations do not cease. The resident would provide photos and times of the equipment in use, the address where the use is occurring, and photos of the door decals, etc. to identify the landscape contracting company. Both the landscape company and the owner of the address where the violation occurred would receive the city letters, and they would ultimately both be mutually liable for any fines and penalties if the parties were unresponsive and continued to violate the ordinance. In practice, City of Sonoma staff reported that the initial warning letter almost always resolves the issue.
Attached to the ordinance as Exhibit A is the City’s current noise ordinance section, with redlinestrike out text indicating proposed additions. Primarily, this is to update the references to the latest General Plan as well as adding more robust standards for determining violations, expanding the emergency exemptions, adding definitions and specifically prohibiting gas powered leaf blowers in residential zones between the hours of 8 pm – 8 am during weekdays and 8 pm – 9 am on weekends. This is modeled after the Santa Rosa restriction, which sets hour limitations rather than trying to measure the noise of a transitory and moving source, which would not be feasible.
On January 1, 2024, California Assembly Bill 1346 also took effect, which prohibited the sale of gas-powered leaf blowers, lawn mowers and other small off-road engines in California. This prohibition only applies to new purchases; homeowners and businesses can continue to use their gas-powered equipment until the end of the equipment's life.
Financial Considerations
The proposed ordinance amendments would result in some additional code enforcement and Community Development time to send warning letters. If any issues escalated to the point of an administrative hearing, it could result in significant costs and staff time.
Environmental Issues
Amending the noise ordinance has no significant effect on the environment. Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.