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HomeMy WebLinkAbout2001-12-03 Ordinance 4727follows: ORDINANCE NO. 4727 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING TITLE 9, CHAPTER 9.10 OF THE PALO ALTO MUNICIPAL CODE (RELATING TO REGULATION OF NOISE) IN ORDER TO INCREASE RESTRICTIONS ON CONSTRUCTION, DEMOLITION, OR REPAIR ACTIVITIES AND TO AMEND THE RESTRICTIONS ON PUBLIC STREET SWEEPING AND PARKING LOT CLEANING The Council of the City of Palo Alto does ORDAIN as SECTION 1. Findings and Declarations. The City Council herein finds and declares as follows: A. The Council intends to reduce the time periods on Sundays and holidays during which construction, demolition, alteration, or repair activities authorized by city building permits may be conducted in residential zones, having determined that the public peace and general welfare will be better served by reducing the noise inherent in such activities at times when the general public deserves additional quiet and tranquility for sleep, rest, and recreation. Residential construction, demol ion, and repair activities on Sundays and holidays, which are currently permitted during 10:00 a.m. through 6:00 p.m., are now intended to be prohibited in their entirety. B. The Council further intends to reduce the time periods on weekdays and Saturdays and Sundays and holidays during which construction, demolition, alteration or repair activities authorized by city building permits may be conducted in non-residential zones, having determined that the public peace and general welfare will be better served by reducing the noise inherent from such activities during the evening hours when the general public (and especially adj acent residents in residential and mixed use zones) require additional quiet and tranquility. The hours for such non-residential construction, demolition and repair activities are reduced for Monday through Friday from the current 8:00 a.m. through 8:00 p.m. to new hours of 8:00 a.m. through 6:00 p.m.; for Saturdays they are reduced from the current 9: 00 a. m. through 8: 00 p. m. to new hours of 9:00 a.m. to 6:00 p.m.; and for Sundays and holidays they are reduced from the current 10 a. m. through 6: 00 p. m. to a total prohibition on construction. 010801 cl 0044113 1 C. In order to provide notice of the restrictions on construction noise applicable to both residential and non- residential properties, the Council prescribes certain signs to be posted that will inform the general public and warn the contractors and subcontractors, as well as their employees and suppliers, of the criminal penalties for violation of the restrictions. D. The Council intends to amend the restrictions on hours of operation for cleaning equipment (other than leaf blowers) used for cleaning public parking lots and for cleaning public streets in business districts to extend the hours of operation one additional hour from 7 a.m. to 8 a.m. to reflect the hours of operation currently permitted for using leaf blowers and street sweepers to clean these public facilities and to comport to the actual work schedules for city crews performing these operations. Council further intends to remove the current prohibition on public parking lot and street cleaning during weekends from 7 a.m. Friday to 10 p.m. Sunday, in order to be consistent with the current schedule permitting public parking lot and street cleaning by leaf blowers and street sweepers on both weekdays and weekends. In order to establish uniform noise limitation for street sweepers and for other cleaning equipment used in cleaning public parking lots and streets in business districts, Council intends to set a noise limitation of 90 dBA measured at a distance of 25 These changes will provide greater uniformity in the restrictions applicable to all equipment used for cleaning public parking lots and streets in business districts, removing unintended and undesirable disparaties for different pieces of equipment used for the same public function. the SECTION 2. Title 9, Chapter 9. 10, Palo Alto Municipal Code is hereby section 9.10.060 of amended to read as follows: 9.10.060 Special provisions. The special exceptions listed apply, notwithstanding the provisions through 9.10.050. in this section shall of Sections 9.10.030 Said exceptions shall apply only to the extent and during the hours specified in each of the following enumerated exceptions. (a) General Daytime Exception. Any noise source which does not produce a noise level exceeding seventy dBA at a distance of twenty-five feet under its most noisy condition of use shall be exempt from the provisions of Sections 9.10.030(a), 010801 cl 0044113 2 9.10.040 and 9.10.050 (a) between the hours of eight a. m. and eight p.m. Monday through Friday, nine a.m. and eight p.m. on Saturday, except Sundays and holidays, when the exemption herein shall apply between ten a.m. and six p.m. (b) Construction in Non-Residential Zones. Except for construction in residential zones as described in subsection (c) of this section, construction, alteration, demolition and repair activities, which are authorized by valid city building permit shall be prohibited on Sundays and holidays and shall be prohibited except between the hours of eight a.m. and six p.m. Monday through Friday, nine a.m. and six p.m. on Saturday if they meet at least one of the following standards: (1) No individual piece of equipment shall produce a noise level exceeding one hundred ten dBA at a distance of twenty-five feet. If the device is housed within a structure on the property, the measurement shall be made outside the structure at a distance as close to twenty-five feet from the equipment as possible. (2) The noise level at any point outside of the property plane of the project shall not exceed one hundred ten dBA. (3) The holder of a valid building permit for a construction project in a non-residential zone shall post a sign at all entrances to the construction site upon commencement of construction, for the purpose of informing all contractors and subcontractors, their employees, agents, materialmen and all other persons at the construction site, of the basic requirements of this chapter. (A) Said sign(s) shall be posted at least five feet above ground level, shall be visible from the adjacent street, and shall be of a white background, with black lettering, which lettering shall be a minimum of one and one-half inches in height. (B) Said sign shall read as follows: 010801 c10044113 CONSTRUCTION HOURS FOR NON-RESIDENTIAL PROPERTY (includes any and all deliveries) MONDAY-FRIDAY SATURDAY SUNDAY/HOLIDAYS 8:00 a.m. to 6:00 p.m. 9:00 a.m. to 6:00 p.m. Construction prohibited. 3 Violation of these restrictions is a misdemeanor punishable by a maximum of six months in jail, $1,000 fine, or both. Violators will be prosecuted. P.A.M.C. §9.10.060(b). (c) Construction on Residential Property. Construction, alteration, demolition or repair activities conducted in a residential zone, authorized by valid city building permit, shall be prohibited on Sundays and holidays and is prohibited on all other days except during the hours of eight a. m. and six p.m. Monday through Friday, nine a.m. and six p.m. on Saturday, provided that the construction, demolition or repair activities during those hours meet the following standards: (1) No individual piece of equipment shall produce a noise level exceeding one hundred ten dBA at a distance of twenty-five . If the device is housed within a structure on the property, the measurement shall be made outside the structure at a distance as close to twenty-five from the equipment as possible. (2) The noise level at any point outside of the property plane of the project shall not exceed one hundred ten dBA. (3) The holder of a valid building permit for a construction project located within any residential zone shall post a sign at all entrances to the construction site upon commencement of construction, for the purpose of informing all contractors and subcontractors, their employees, agents, materialmen and all other persons at the construction site, of the basic requirements of this chapter. (A) Said sign(s) shall be posted no less than three feet and no more than five feet above ground level/ shall be visible from the adj acent street / and shall be of a white background, with black lettering l which lettering shall be a minimum of one and one-half inches in height. II II II II II II II 010801 c10044113 4 (B) Said sign shall read as follows: CONSTRUCTION HOURS FOR RESIDENTIAL PROPERTIES (includes any and all deliveries) MONDAY-FRIDAY 8:00 a.m. to 6:00 p.m. SATURDAY 9:00 a.m. to 6:00 p.m. SUNDAY/HOLIDAYS Construction prohibited. Violation of these restrictions is a misdemeanor punishable by a maximum of six months in jail, $1,000 fine, or both. Violators will be prosecuted. P.A.M.C. §9.10.060(b). (d) Other Equipment. Equipment used by city employees, city contractors, or public utility companies or their contractors, not covered by subsections (b) and (c) of this section, shall be allowed during the same hours as the exception set forth in subsection (b) of this section, providing no piece of equipment shall produce a noise level which exceeds one hundred ten dBA, measured at a distance of twenty-five feet from the equipment. (e) Residential Power Equipment. Residential power equipment shall be allowed during the hours of eight a. m. and eight p.m. Monday through Friday, nine a.m. and six p.m. Saturday, and ten a.m. and six p.m. on Sundays and holidays, providing it does not produce a noise level that exceeds ninety- five dBA measured at twenty-five feet from the equipment and is not being operated for construction regulated in subsections (b) or (c) of this section. (f) Leaf Blowers. No person shall operate any leaf blower which does not bear an affixed manufacturer's label indicating the model number of the leaf blower and designating a noise level not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing American National Standard Institute methodology. Any leaf blower which bears such a manufacturer's label shall be presumed to comply with any noise level limit of this chapter provided that it is operated with all mufflers and full extension tubes supplied by the manufacturer for that leaf blower. No person shall operate any leaf blower without attachment of all mufflers and full extension tubes supplied by the manufacturer for that leaf blower. 010801 c1 0044113 5 No person shall operate any leaf blowers except during the following hours: nine a. m. and five p . m. Monday through Friday, and ten a.m. and four p.m. Saturday. No person shall operate any leaf blowers on Sundays and holidays. No person shall operate any leaf blower powered by an internal combustion engine within any residential zone after July 1, 2002.' No person shall operate any leaf blower powered by an internal combustion engine within non-residential zone except during the following hours: eight a.m. and six p.m. Monday through FridaYI and ten a. m. to four p. m. Saturday. Commercial operators of leaf blowers are prohibited from operating any leaf blower within the city if they do not prominently display a certificate approved by the Chief of Police verifying that the operator has been trained to operate leaf blowers according to standards adopted by the Chief of Police. In addition to all authorizations and restrictions otherwise provided in this chapter I public streets, sidewalks, and parking lots in business districts and at the Municipal Golf Course and all city parks may be cleaned between four a.m. and eight a.m. using leaf blowers which bear an affixed manufacturer I s label indicating the model number of the leaf blower and designating a noise level not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing American National Standard Institute methodology. (g) Street Sweeping. Street sweeping activities are allowed between the hours of ten p.m. and eight a.m. daily, provided they do not produce a noise level in excess of ninety dBA, when measured at a distance of twenty-five feet from the street sweeper. (h) Refuse Collection. Refuse collection activities shall be permitted between the hours of four a.m. and nine p.m. daily, provided they do not produce a noise level in excess of ninety-five dBA measured at a distance of twenty-five feet from the activity. (i) Safety Devices. Aural warning devices which are required by law to protect the health, safety and welfare of the community shall not produce a noise level more than three dBA above the standard or minimum level stipulated by law. (j) Emergencies. chapter. Emergencies are exempt from this (k) Public Parking Lot Cleaning. Cleaning equipment (other than leaf blowers), when used in public parking lots l shall be allowed during the hours of ten p. m. and eight a. m. daily, providing no such piece of equipment shall produce a OlO801 c1 0044113 6 noise level that exceeds ninety dBA measured at a distance of twenty-five feet. (1) Business District Street Cleaning. Cleaning equipment (other than leaf blowers), when used in public streets in business districts shall be allowed during the hours of ten p.m. and eight a.m. daily, providing no such piece of equipment shall produce a noise level that exceeds ninety dBA measured at a distance of twenty-five feet. SECTION 3. The Council hereby finds and determines that the restrictions adopted by this Ordinance are categorically exempt from environmental review under the California Environmental Quality Act and CEQA Guideline 15308 as an environmental regulatory action to assure the maintenance, restoration, enhancement and protection of the environment. SECTION 4. The effective date of this ordinance shall be the thirty-first day after its adoption, pursuant to Palo Alto Municipal Code section 2.04.350. INTRODUCED: September 24, 2001 PASSED: December 3, 2001 AYES: NOES: BEECHAM, WHEELER BURCH, ABSENT: FAZZINO, MOSSAR ABSTENTIONS: EAKINS, ATTEST: ~ ~~. ~M--City Clerk APPROVED AS ney 010801 cl 0044113 7 KLEINBERG, LYTLE, OJAKIAN,