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Agenda

Hillsborough City Council
August 14, 2023

Document
Agenda
Meeting
August 14, 2023
Body
Hillsborough City Council
Pages
7
Original file
17.9 MB
Text extracted from the city's file for reading and search. Open the original on www.hillsborough.net. That file is the official record.

Jurisdiction Status Notes
East Palo Alto None
Foster City Partial Ban3 Ordinance Amended 1998
Half Moon Bay None
Hillsborough Partial Ban
(Town-Owned Property)
By City Council Resolution (not in Municipal
Code)
Menlo Park Banned4 Ordinance Adopted June 2023
Effective July 2024
Millbrae None
Pacifica None
Portola Valley Banned Ordinance Adopted 2019
Effective January 2021
Redwood City None Incentive programs
San Bruno None
San Carlos None
San Mateo None
Limitations on use – one blower at a time,
restricted hours of permitted use
Rebate program
South San Francisco None
Woodside Partial Ban5 Adopted September 2020 1Commercial blowers may be used on only ONE day per week, per area, with an extra day for R3 and R4 buildings on Fridays.

Residents may use their own blowers on Saturdays from 9am to 2pm and Sundays from 10am to 2pm, as well as on their assigned weekday.
2Use of mechanically powered non-construction gardening type equipment including but not limited to lawn mowers, weed whackers and leaf blowers are prohibited in a residential neighborhood or within 500 feet of a residential unit except during the following hours: Monday – Friday: 8:00 AM to 7:00 PM; Saturday, Sunday, and Holidays: 10:00 AM – 5:00 PM. 3No person shall use or operate a leaf blower in a residential zoning district or within one hundred yards of a residential zoning district before eight a.m. or after five p.m. Monday through Friday, nor prior to nine a.m. or after five p.m. on Saturdays or at any time on Sundays or at any time on the following holidays: New Years Day, Presidents’ Day, Memorial Day, 4th of July, Labor Day, Thanksgiving, Christmas.
4Zero-emission landscape equipment (ZELE) requirement prohibiting gas powered landscaping equipment. 5Limits hours of use for commercial leaf blowers.

Many local governments in the Bay Area have already prohibited the use of gas-powered gardening equipment, mainly focused on leaf blowers:

Portola Valley does not have a full-time code enforcement officer and has relied on sending educational letters to address where violations are reported. Portola Valley staff receive a handful of complaints each month and have not issued any formal citations.

Palo Alto has enacted a gas leaf blower ban in residential neighborhoods in 2000 and enforcement has fluctuated over the years. In June 2023, Palo Alto City Council voted to increase fines from $100 to $250 for a first violation with second and third violations carrying fines of $500 and $1,000, respectively, up from $150 and $300. The Council also made it easier for code enforcement officers to issue citations by removing a previously enacted five-day waiting period that the City had granted violators between a warning and an official citation. The changes also empower the code enforcement officer to issue citations to property owners, landscapers, or the property owners who hire the landscapers. The City of Palo Alto also hired a code enforcement officer whose fulltime role is dedicated to leaf blower education and enforcement. The code enforcement officer has -182-
Agenda Staff Report - Hillsborough City Council
August 14, 2023

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prioritized proactive engagement with landscapers and homeowners’ associations. For reference, the Town of Hillsborough has one code enforcement officer, but the patrol division of the Hillsborough Police Department is responsible for responding to noise ordinance violations.

There have been recent calls for banning leaf blowers altogether. Five jurisdictions in California (Santa Monica, Del Mar, Hermosa Beach, Laguna Beach, and Manhattan Beach) have adopted ordinances to ban both gas and electric leaf blowers. Electric blowers can still be noisy and kick up dust and pollutants, leading to an increasing call for sweeping or rakes only. An outright ban on all mechanized blowers is easiest to enforce, as opposed to trying to delineate between gas and electric powered blowers but has the greatest impact to commercial landscapers as well as Town operations. By banning all leaf blower use, the time it would take to commercial landscapers to complete jobs would greatly increase, especially considering the size of properties in Hillsborough.

STATE REGULATIONS
Beginning January 1, 2024, gas-powered gardening equipment (as well as other small off road engine equipment) would be prohibited at the point of sale. This law does not regulate existing equipment or use. In November 2022, the state began an electric gardening equipment discount program for commercial gardeners and landscapers. The program budget began with $24 million and is targeted for small businesses. Funds continue to be expended at a rapid rate. To date, $10 million is left. The program supports the purchase of electric or battery-operated equipment at a 70% discount off the retail price for commercial gardeners. The incentive is not available to residents or non-gardening businesses.

DISCUSSION ITEMS – COUNCIL DIRECTION
Adding new regulations related to gas-powered leaf blower use in Town, or any iteration of controlling the use of gardening equipment, will require Council direction on various aspects.

These topics include:
• Whether there is City Council desire to modify the existing regulations or if additional outreach or research is needed.
o No modifications
o Improve enforcement of current ordinance
o Limit number of leaf blowers that may be operated at any one time on a single property
o Implement a certification and enforcement program limiting leaf blowers that meet a 65 decibel (dB) threshold
o Implement complete ban on gas-powered leaf blowers, gas-powered gardening equipment, or all leaf blowers
o Other
• Dependent upon the desired timeline, what education or additional outreach may be necessary?
o Survey to landscapers and/or general community
o Mailer to all residents soliciting input and/or making them aware of any ordinance changes
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o Community Meeting for either discussion or education
o Other
• If there is a desire to implement any sort of ban, what type and amount of penalties should be assessed?
o Amount of fine(s) (first, second, subsequent)
o Target homeowner or equipment user – historically, citations have gone to equipment user
• If there is a desire to implement any sort of ban, how the ban should be enforced and when?
o How to Report – Call non-emergency line
o Level of Enforcement – additional staffing may be required o Policy around issuing warnings versus fines
o Effective date of the ordinance
FISCAL IMPACT: There is no immediate fiscal impact to the Town as a result of this report.

Adoption of leaf blower regulations may have a fiscal impact on Town operations, dependent on the scope, that would be evaluated at the time of consideration.

ENVIRONMENTAL ISSUES: There is no environmental impact as receiving this report will not cause a physical change in the environment, pursuant to California Public Resources Code Section 21065.

ATTACHMENTS: None
PREPARED BY: Mandy Brown, Senior Management Analyst
RECOMMENDATION: Accept this report and provide direction related to any modifications to the Hillsborough Municipal Code.
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