ORDINANCE NO.
INTRODUCTION OF AMENDMENTS TO THE CITY’S NOISE ORDINANCE AND
ASSOCIATED DEFINITIONS TO RESTRICT THE USE OF GAS-POWERED LEAF
BLOWERS IN THE CITY DURING CERTAIN HOURS
WHEREAS, during the current fiscal year, City Councl directed staff to add an update of the noise ordinance to a future agenda item, specifically to discuss noise generated by leaf blowers.
WHEREAS, this project was reflected in the FY 24-25 Strategic Planning work plan and indicated as complete by the end of FY 23-24; and
WHEREAS, on May 14, 2024, the City Council reviewed potential amendments to the municipal code to restrict the use of leaf blowers and affirmed the proposed hours of use restriction and limiting it to gas powered leaf blowers only; and WHEREAS, staff researched noise ordinances in Santa Rosa and the City of Sonoma, including speaking with their code enforcement staff, to determine the best way to craft and enforce limitations on leaf blowers; and
WHEREAS, staff has also included general cleanup language in the proposed ordinance, including references to the General Plan and clarifying the standards for violations generally; and WHEREAS, this ordinance to amend Chapters 17.30.050 (Noise Standards) and
17.90.020 (Definitions of specialized terms and phrases) was introduced at a duly noticed public hearing on June 11, 2024; and
WHEREAS, 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.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:
SECTION 1: Recitals.
The foregoing recitals are true and correct and are incorporated into the findings herein.
SECTION 2: Amendment to the Cotati Municipal Code.
Section 17.30.050 (Noise Standards) is hereby amended as indicated by redline-strikeout text in Exhibit A, attached.
SECTION 3: Amendment to the Cotati Municipal Code.
Section 17.90.020 (Definitions of specialized terms and phrases) is hereby amended as follows:
Add the following definition to section A. Definitions, “A.” “Ambient Noise” - The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. Ambient noise level is the level obtained when the noise level is averaged over a period of 15 minutes without inclusion of noise from isolated, identifiable sources, at the location and time of day near that at which a comparison is to be made.
Add the following definition to section D. Definitions, “D.” “Decibel” - A unit used to measure the intensity of a sound or the power level of an electrical signal by comparing it with a given level on a logarithmic scale. In zoning use a degree of loudness.
Add the following definition to section F. Definitions, “F.” “Frequency” - Is the measurement of the number of times that a repeated event occurs per unit of time. The frequency of wave-like patterns including sound, electromagnetic waves (such as radio or light), electrical signals, or other waves, expresses the number of cycles of the repetitive waveform per second.
SECTION 4: Compliance with the California Environmental Quality Act.
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.
SECTION 5: Construction and Severability.
It is the intent of the City Council of the City of Cotati to supplement applicable state and federal law and not to duplicate or contradict such law, and this ordinance shall be construed consistently with that intent. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Cotati hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 6: Effective Date.
This ordinance shall take effect thirty (30) days after its adoption, pursuant to the California Government Code.
SECTION 7: Publication.
The City Clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.
IT IS HEREBY CERTIFIED that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Cotati held on June 11, 2024, by the following vote, to wit:
RESULT:
MOVER:
SECONDER:
AYES:
IT IS HEREBY CERTIFIED that the foregoing ordinance was duly adopted at a regular meeting of the City Council of the City of Cotati held on June 25, 2024, by the following vote, to wit:
RESULT:
MOVER:
SECONDER:
AYES:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
______________________________
City Attorney
This document is a true and correct copy of Ordinance Number ### and has been published or posted pursuant to law. California Government Code § 40806
______________________________
Kevin Patterson, Deputy City Clerk