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HomeMy WebLinkAbout2003-01-21 City Council (3)TO: City of Palo Alto C ty Manager’s ep rt2 FROM:CITY MANAGER DEPARTMENT: POLICE PUBLIC WORKS DATE: SUBJECT: JANUARY 21, 2003 CMR:123:03 APPROVAL OF AMENI)MENTS TO PALO ALTO MUNICPAL CODE CHAPTER 9.10 REGULATING CONSTRUCTION NOISE AND INCLUDING SIDEWALKS IN PUBLIC STREET SWEEPING CLEANING SECTION RECOMMENDATIONS Staff recommends that the City Council anaend Palo Alto Municipal Code Section 9.10 in the following manner: ® Section 9.10.060 (k) (1) be anaended to include business district sidewalk cleaning; e Section 9.10.060 (b) be anaended to indicate that the requirements for construction in non-residential areas, which is authorized by valid City building permits shall be the same as those for residential areas. BACKGROUND In April 1987, the City Council directed staff to prepare an ordinance amendment to Chapter 9.10 of the Municipal Code to permit nighttime cleaning of public parking lots. In January 1988, the Council amended the Code again to allow business district street cleaning between 10:00 p.m. and 7:00 a.m. While sidewalk cleaning in business districts was not been expressly included in the ordinance, for practical purposes, Public Works staff has had to conduct some sidewalk cleaning during the same hours as street cleaning. In September 2001, Council amended the noise ordinance again, to extend the time for public parking lot and business district street cleaning to 8:00 a.m. Because sidewalk cleaning has been conducted at fhe same time as street cleaning, staff has, with some exceptions discussed below, continued this practice. CMR:123:03 Page 1 of 4 At the same tilne that the Council approved the change to the street cleaning section of the noise ordinance, the Council also approved additional amendments to Chapter 9.10 of the Palo Alto Municipal Code regulating construction noise (CMR:317:01). At that time, the amendments included the prohibition of construction that was authorized by a City building permit on Sundays and holidays, and between 6:00 p.m. and 8:00 a.m., Monday through Friday, and 6:00 p.m. and 9:00 a.m., on Saturday, and requiring the posting of signs at all entrances to the construction site indicating the noise ordinance requirements. Staff had intended at the time to make these requirements applicable to both residential and non-residential areas. Additionally, staff had intended to require the posting of sigaas at all residential construction sites similar to those at non-residential sites. While language was included in Section 9.10.060 (c)(2) about what the sign should say and where it should be placed, the actual requirement was omitted. DISCUSSION Sidewalk Cteaning in Business Districts Sidewalk cleaning in business districts is done with City staff using the Green Machine at various hours in the early morning with contract crews that use hot water, high pressure washing during nighttime. The nighttime cleaning occurs once a month over a two-day period on California Avenue and a four-day period on University Avenue between the months of May and October. For approximately the last ten years, Public Works staff has conducted nighttime sidewalk pressure washing at the same time that street sweeping was perfolaned. This change was necessitated by the increase of pedestrians and vehicular traffic during the day and evening hours that made the cleaning more time-consuming and labor intensive. Staff has been cognizant of the safety and noise concerns of residents who live in those areas adjacent to business districts and has taken steps to alleviate noise levels during nighttime hours as much as possible. For example, street sweeping in the California Avenue business district on several streets such as Grant Avenue, Sheridan between Park Boulevard and E1 Camino Real that were formerly swept in the very early morning hours are now being cleaned between 8:00 a.m. and 12:00 noon; City parking lots along the south side of California Avenue are not swept until after 7:00 a.m.; sidewalk high pressure washing on the south side of California near Birch Street is completed between 10:00 p.m. and 11:00 p.m.; and sidewalk pressure washing in the downtown University Avenue area adjacent to the President Hotel is completed between 5:00 a.m. and 7:00 a.m. In the near future, the north side of California Avenue near Birch Street will also be pressure washed between 10:00 p.m. and 11:00 p.m. Staff also considered the possibility of reducing the hours of pressure washing from the current eight hours to four hours a night. However, because this would increase the cleaning days from two to four per month in order to pressure wash the entire area, staff does not believe this is a viable alternative. Staff will CMR:123:03 Page 2 of 4 continue to look at other methods and equipment to reduce the noise associated with sidewalk cleaning in areas adjacent to business districts. Construction Regulations in Non-Residential Areas - At the time the amendment to the noise ordinance concerning construction noise was reconamended to the Council, it was staff s intent to regulate construction noise in non-residential areas in the same manner as residential areas. However, in the printing of the ordinance that Council adopted, instead of allowing construction in non-residential areas only if all the standards set forth in the ordinance (e.g., dBA levels and the posting ~f sig~s at the construction site with information about the noise ordinance) are met, the language currently requires compliance with only one of the requirements. Staff believes that all the standards should be met for compliance. RESOURCE IMPACT There is not any resource impact associated with the proposed ordinance revisions. POLICY IMPLICATIONS The proposed ordinance is consistent with City policies and Council direction. ENVIRONMENTAL ASSESSMENT This is not a project under the California Enviromaaental Quality Act (CEQA). ATTACHMENTS, Attachment A: Attachlnent B: PREPARED BY: CMR:317:01Draft Revisions to ChapteriO~. 10 of the Palo Alto Municipal Code jom sor,T Assistant Police Chief CMR:123:03 Page 3 of 4 DEPARTMENT HEAD: PATRICK DwYER[_ Chief of Police GLENN ROBERTS Director of Public Works CITY MANAGER APPROVAL: EM HARRISON Assistant City Manager CMR:123:03 Page 4 of 4 TO: FROM: DATE: SUBJECT: City of Palo Alto C ty Manager’s Report HONOR~BLE CITY COUNCIL CITY MANAGER DEP.~RTMENT: POLICE AUGUST 6, 2001 CMR:317:01 APPROVAL OF AMENDMENTS TO PALO ALTO MUNICIPAL CODE CHAPTER 9.10 RESTRICTING CONSTRUCTION, DEMOLITION AND REPAIR ACTMTIES AND MODIFYING THE HOURS FOR PUBLIC STREET SV~EEPING AND PARKING LOT CLEA_N~NG RECOMMENI) ATION Staff recommends that the City Council amend the Policy and Services Committee recommendation to Palo Alto Municipal Code Chapter 9.10 that reguIates construction noise levels in the following manner: Chapter 9.10.060(g) be amended to a noise level not to exceed 90 dBA when measured at 25 feet; and Chapter 9.10.060(k) and (k)(1) be amended to expand the allowed days and hours of public parking lot and business district street cleaning from Monday through Friday from 10:00 p.m. to 7:00 a.m. to Monday through Sunday from 10:00 p.m. to 8:00 a.m. and that the maximum decibel level be changed from 75 dBA to 90 dBA when measured at 25 feet. Require the posting of signs in English and Spanish at all entrances to construction sites requiring City building permits on residential and commercial property for the purpose of informing all persons at the location of the allowed hours of construction. BACKGROUND ’ At its June 7, 2001 meeting, the Policy and Services Committee reviewed a recommendation from staff to amend Palo Alto Municipal Code Chapter 9.10 re~o~flating construction noise, by reducing the hours of construction in commercial areas, prohibiting construction in residential areas on Sundays and holidays, and requiring the posting of signs indicating allowed hours at all entrances to construction sites. CM~R:317:01 Page 1 of 5 Staff also proposed a modification to the current allowed hours for street sweeping and public parking lot cleaning by City crews to ensure maximum productivity with the implementation of the new 9/80 work schedule. Additionally, staff recommended a standardization of the allowable decibel levels (95 dBA) for street sweeping and parking lot cleaning, which are at different levels under the existing ordinance (Attachment A - CMR:212:01). At the meeting, the Policy and Services Committee approved in concept the reduction of hours of construction in commercial areas Monday through Friday and on Saturdays. Additionally, the Committee directed staff to research the impact of prohibiting construction in commercial areas on Sundays and holidays and to exp!ore the feasibility of using a noise exemption permit (NEP) process to deal with those projects in both residential and commercial areas where work must be completed on Sundays and!or holidays. Committee members suggested that prior to issuing an NEP, staff assess the location of the project to determine if noise could impact residents. The Committee expressed concern that many areas of the City have commercial zones directly adjacent to residential zones, and that as the borders between residential and commercial zones become blurred with the increase of mixed use development, more and more residents could potentially be impacted by construction noise. Based upon Council Members’ comments from that meeting, staff contacted local contractors who work regularly in Palo Alto and held further discussions with the City’s Code .Enforcement staff. Staff recommendations have been modified based on this information. DISCUSSION Noise Exemption Permit Since the Committee meeting, staff contacted ~he City Planning Department/Building Division and determined that in 2000 there were 1,676 building permits issued for projects in the City. Planning staff believed that few, if any, of those projects included work on Sundays or holidays. Staff also contacted several contractors who regularly work in the. City to assess the impact the Sunday/holiday .prohibition might have on their operations. The majority of contractors indicated that they do not regularly perform work on Sundays or holidays; exceptions occur when they are behind schedule and nearing a. completion deadline or when inclement weather has prevented construction on weekdays. One contractor did CMR:317:01 Page 2 of 5 mention that the City observes more holidays than the private sector, and as a result felt that their operations may be somewhat affected by the holiday prohibition. All of the contractors felt that the Noise Exception Permit was a reasonable solution to the prohibition and several of them are currently working under Development Agreements with the City that prohibit construction on Sundays and holidays as a condition of approval. The consensus of the contractors was that business owners in the City may be more heavily impacted by the prohibition of construction on Sundays and holidays than contractors wi!l be. Business owners who hire contractors very often request that construction work be performed during hours when employees and customers are not on site.- This results in a substantial amount of work occurring on weekends and holidays. Schools may be impacted as well, as their restricted timelines for construction projects (which must occur during the summer months when school is not in session) often require work on Sundays. To address this concern, staff proposes the following process that would be used for .residents and contractors who may want to work on Sundays and/or holidays. A Noise Exemption Permit Application would be included in the packet provided to contractors, residents, and business owners when they apply for building permits at the City’s Development Center. Required application information would include the time the work was to occur, the specific type of work that would be completed and the duration. Applicants would also be required to provide information describing why the work could not be completed on weekdays. Police Department staff will review the application and determine the radius of the area in which residents may be impacted by noise. The applicant would then be required to obtain signatures from residents living in the radius of the project, acknowled~ng that they are aware of the project and understanding they may be impacted by some noise on Sundays!holidays. Because staff believes that only a small number of NEPs would be requested, by placing the responsibility on the resident/contractor to notify the surrounding residents, additional staff would not be required. Required Sig-na~_e_ The Committee approved in concept staff’s recommendation that, in addition to commercial or industrial construction sites, signs be posted at all entrances to construction sites in residential areas that require a City permit. Staff believes that implementation of this requirement will eliminate the need for the "warning" step of the enforcement process. Committee members requested that the signs be provided in Spanish and English. Staff’s recommendation has been modified to address this request. Street Sweeping and Parking Lot Cleaning C!~IR:317:01 Page 3 of 5 In addition to a modification to the allowed hours for street sweeping and parking lot cleaning necessitated by the implementation of the new 9/80 work schedule, staff recommended a standardization of the maximum decibel levels for this equipment. The ordinance currently allows for a maximum level of 75 dBA for public parking lot and business district cleaning, while the allowable decibel level for street sweeping in commercial and residential areas is 95 dBA. Public Works and Police Department staff have taken noise level readings on all equipment used for street, public parking lot and business district cleaning during early morning hours when the ambient is usually the lowest. The maximum noise level produced is 90 dBA. Staff has, therefore, modified the ori~nal recommendation and is proposing a 90 dBA standard in order to make the decibel levels consistent throughout the ordinance. As newer City equipment is purchased, staff believes that this level could be reduced within the next few years. RESOURCE IMPACT The only resource impact associated with the proposed ordinance revision would be the costs to provide the required signage to contractors. Staff estimates this cost would be approximately $3,500. POLICY IMPLICATIONS The proposed ordinance is consistent with City policy and Council direction. EN~qRONMENTAL RENEW This is not a project under the California Environmental Quality Act (CEQA). CMR:317:01 Page 4 of 5 ATTACHMENTS Attachment A: CMR:212:01 Attachment B: Draft Revisions to Chapter 9.10 of the Palo Alto Municipal Code PR~EPAR~D BY: DEPARTMENT HEAD: LESLIE JE~GS Police Administrator Chief of Police CITY MANAGER APPROVAL: EMILY Assistant City Manager CMR:317:01 Page 5 of 5 TO: ATTENTION: FROM: DATE: SUBJECT: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL POLICY AND SERVICES COMMITTEE CITY MANAGER DEPARTMENT: POLICE June 7, 2001 CM~:212:01 . APPROVAL OF AMENDMENTS TO PALO ALTO MUNICIPAL CODE CHAPTER 9.10 RESTRICTING CONSTRUCTION, DEMOLITION, AND REPAIR ACTIVITIES AND MODIFYING TB]~ HOURS FOR PUBLIC STREET SWEEPING AND PARKING LOT CLEANING REPORT IN BRIEF In May 1997, the City Council directed staff to propose modifications to the Municipal Code to limit Sunday construction noise in residential areas. This report provides information obtained through analysis of noise complaints, review of similar regulations adopted by other cities and discussions with the City’s Code Enforcement staff. Based upon this information, staff has developed recommendations for restricting construction noise on Sundays and holidays and limiting hours on Saturdays. Additionally, staff is recommending that the hours of street sweeping and parking lot cleaning be modified in efforts to make the best use of City staff time. Page I of 8 CM~:212:01 RECOMMENDATION Staff recommends that the Policy and Services Committee recommend to the City Council approval of the attached amendment to Palo Alto Municipal Code Chapter 9.10 that regulates construction noise levets in the following manner: Reduce the hours of construction in commercial areas from 8:00 a.m. to 8:00 p.m. to 8:00 a.m. to 6:00 p.m: Monday through Friday; Reduce the hours of construction in commercial areas from 9:00 a.m. to 8:00 p.m. to 9:00 a.m. to 6:00 p.m. on Saturdays;- Prohibit construction in residential areas of any project requiring a building permit on Sundays and holidays; and Require the posting of signs at all entrances to construction sites requiring City building permits on residential and commercial property for the purpose of i~orming all persons at the location of the allowed hours of construction. Additiona!ly, staff recommends that: Chapter 9.10.060 (g)be amended to expand the allowed street sweeping hours from 10:00 p.m. to 7:00 a.m. to 10:00 p.m. to 8:00 a.m.; and Chapter 9.10.060 (k) be amended to expand the allowed days and-hours 0fpublic parking lot and business district street cleaning from Monday through Friday from !0:00 p.m. to 7:00 a.m. to Monday through Sunday from 10:00 p.m. to 8:00 a.m. and that the maximum decibel level be changed from 75 dBA to 95 dBA when measured at 25 feet. BACKGROUND On May 19, 1997, Council directed staff to propose modifications to the Municipal Code that would limit Sunday construction noise in residential zones. This direction was the result of numerous complaints received from residents regarding noise levels associated with construction projects. Work on this assignment was delayed due to the time that was required for the development and implementation of the revised leaf blower ordinance. Chapter 9.!0 of the Palo Alto Municipal Code establishes the definitions, provisions and policy of the City’ s noise ordinance. The current ordinance allows construction in residential zones between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, 9:00 a.m. and 6:00 p.m. on Saturdays, and 10:00 a.m. and 6:00 p.m. on Sundays and holidays. These hours apply to all types of residential construction work. : CN[R:212:01 Page 2 of 8 Enforcement of the noise ordinance is a shared responsibility between the Planning Department’ s Building Division and the Police Department. During 2000, the Police Department received 358 construction noise complaints. Of that number, 26 occurred on Sundays or holidays. Twenty-one of those occurred in residential areas. DISCUSSION Other Cities As concern over loud and intrusive noise has gown; a number of surrounding communities have increased the regulation of construction noise. Staff has reviewed the Municipal Code provisions of other cities (Attachment A) and found that in most cities where there is an ordinance specifically addressing construction noise, some regulation of construction noise on Sundays and holidays is-included. While a few cities address this issue by establishing specific allowable decibel levels, the majority of them prohibit any commercial construction activity on Sundays and holidays. The cities of Hillsborough and Santa Clara prohibit all construction work on Sundays and holidays (except emergency work), while the provisions of the Sunny~’ale, Menlo Park, Campbel! and Monte Sereno Municipal Codes allow for certain types of homeowner exceptions. Other cities have encountered several problematic issues. For example, homeowner exceptions attempt to address the concerns of those residents who are opposed to limitations being placed on their ability to work on their homes on weekends. A resident who works during the week.and wants to add a room to his/her home may argue that he/she has only Saturdays and Sundays available to complete the work. The difficulty arises when a homeowner hires a contractor to perform the work. An issue of equitable treatment is then raised as to why noise from a resident working on his/her property would be acceptable while the same noise created by a contractor doing the same work would not be allowed. Significant enforcement issues are also associated with some ordinances. Under some cities’ regulations, officers must determine whether a homeowner or contractor is performing the work. This issue becomes even more complicated with rental houses in that exceptions must then be extended not only to the property owner, but also to the actual resident. This process can become labor intensive, and at times contentious when residents are questioned about their homeownership. Another enforcement issue concerns the definition of "construction." Some cities define construction in general terms, including the demolition, alteration, repair, remodel or Page 3 of 8 CMR:212:01 construction of new buildings and structures. Other cities do not include definitions at all and these are the ones that have the most difficulty in enforcement. Without some definition, the installation of shelving in a garage; hammering; sawing associated with repair work; or the construction of a fence may all be considered construction and as a result may be prohibited Sundays and holidays. As a result of these enforcement issues, most cities staff has contacted enforce the provisions of their construction noise ordinance on a complaint basis only. Proposed Chan~es After reviewing all of the information, staff has developed proposed recommendations to the noise ordinance that it believes are clearly understood, easy to enforce, and should reduce the amount of loud, intrusive construction noise levels significantly. Reduce the hours of construction in commercial areas to 8:00 a.m. to 6:00 p.m. Monday through Friday. Currently the hours of construction during the week are 8:00 a.m. to 8:00 p.m. Staffbelieves the reduction in evening hours would enhance peacefulness in the community and not significantly impact construction work in commercial areas: Information received from contractors confirmed that most construction workers prefer to start earlier in the day rather than work later into the evening. Reduce the hours of construction in commercial areas on Saturdays from 9:00 a.m. to 8:00 p.m., to 9:00 a.m. to 6:00 p.m. Staffbelieves that by reducing two hours in the evening, the peacefulness of the community will improve. This recommended change sti!l allows for work to be completed on Saturdays over an eight-hour period. Staff considered reducing the morning hour to 10:00 a.m. but after discussion with some contractors, decided not to recommend that change. According to the contractors, it is extremely difficult to get workers to come to work that late; most prefer earlier morning hours with associated earlier release hours in the afternoon. Prohibit construction on Sundays and holidays in residential areas on any project requiring a City building permit. CMR:212:01 Page 4 of 8 Staff believes this change to the ordinance would be clearly understood and easily enforced. Officers would not have to spend time determining whether the person(s) doing the work were homeowners. Staff intends to address the types of projects that are usually associated with noise complaints by using projects that require City building permits as the criteria. This definition would still allow for residents to do repair work around their homes on Sundays and holidays. Projects requiring City building permits include most alterations and remodeling, plumbing and electrical work. Projects that do not require a City permit and that would be allowed under the proposed ordinance would include construction of small sheds less that 120 square feet, building of fences, low voltage wiring, painting, wall papering, and patching of small roof holes. According to information received from some contractors, the prohibition on Sundays in residential areas would not be an issue for them as very few employees are willing to work on Sundays. Staff has heard some concerns however from a few residents about this proposed change. Residents who normally have full time jobs during the week and who complete their own remodeling work in order to save money and to ensure quality work would only have one weekend day to complete their work, thus sig-nificantly impacting their ability to complete their projects in a timely fashion. One option Council may wish to consideris an exemption on Sundays and holidays for horrieowners who are doing their own remodeling projects. If Council desires to adopt this provision, staff would intend for enforcement on Sundays and holidays to be done on a complaint basis only to avoid problems encountered by other cities. Another option in dealing with this situation would be to require homeowners who complete their own work to obtain noise exception permits to allow them to complete work on Sundays. This option would allow for proactive enforcement and would provide police officers with the information in advance of those locations where exceptions are permitted 4.Require sig-ns in residential areas for all construction that requires a City permit. The noise ordinance currently requires that signs be posted at all entrances to commercial or industrial construction sites. The purpose of the signs is to inform all contractors and subcontractors, their employees, agents, and all other persons at the construction site about the basic requirements of the noise ordinance and the permitted hours of construction. Such sig-nage is not currently required for construction on residential properties. Staff believes that implementation of such a requirement would allow for better enforcement of construction noise limits and would help to diffuse situations where subcontractors are involved and claim they have no knowledge of the ordinance. 5.Increase street sweeping hours from 10:00 p.m. to 8:00 a.m. CMR:212:01 Page 5 of 8 Currently, street sweeping may be done during the hours of !0:00 p.m. to 7:00 a.m. The Street Sweeping section of Public Works Operations plans to begin working a 9/80 schedule. To maintain a productive program, the starting time for day shift employees will be modified so that staff will now begin sweeping at 7:00 a.m. In order to ensure productivity between the hours of 7:00 a.m. and 8:00 a.m. staff is recommending an expansion of the hours. Increase the days of the week for public parking lot and business district cleaning to include weekends and make the maximum decibel level for parking lot cleaning consistent with that for street sweeping. Under the current ordinance, the allowable decibel level for street sweeping in both commercial and residenti!l areas is 95 dBA, but is 75 dBA for public parking lots and business district cleaning. However, the equipment used by the Public Works Department to complete all of this cleaning is the same and in practice, the allowable decibel level in parking lots and business districts is routinely exceeded. The recommended change would make the decibel levels consistent for all street, public parking lot and business district cleaning. Staff has heard repeatedly from residents and businesses alike about the need to enhance the cleanliness of public parking facilities, and believes there wil! be a need to clean on weekends, especially with the addition of parking structures in the downtown area. The extra days.would be needed to ensure the cleanliness of the public par-king facilities and the business districts. Enforcement Noise issues are both policy and enforcement related, While the City’s Planning Division has re.sponsibitity for establishing conditions of approval for specific construction projects (which may or may not include hours of construction), and the Building Division handles the issuance of construction permits and notification of posting/signage requirements, enforcement of noise re~lations falls to the Police Department. During normal business hours (7:30 a.m.- 5:00 p.m., Monday through Friday), both community service officers and police officers are available to respond to noise complaints. Code enforcement staff in the Building Division are also available during these hours, but do not currently respond to noise complaints. On the weekends or after 5:00 p.m., only police staff are available to respond. With the sig-nage requirement on residential properties, staff would propose the elimination of the current "warning" step in the enforcement process. Currently, police staff who respond to noise complaints are given the discretion to ~ve violators up to two warnings before a citation is issued. CMR:212:01 Page 6 of 8 This procedure was instituted specifically to deal with the issue noted above involving subcontractors. This has presented some enforcement problems and a lack of consistency, especially in cases where more than one contractor is working on a particular site and the officers. must keep track of whom has been warned. If the construction hours are posted at the site, construction workers could no longer plead ignorance of the ordinance and the legal requirement for adequate notice will be met. Staff would intend using the administrative penalty process for noise complaints and wil! propose an increase in the fine for these violations in the upcoming budget process. As mentioned earlier, should Council desire to exempt homeowners who complete their own remodeling from the Sunday/holiday prohibition, staff would propose to enforce this portion of the ordinance, on a complaint basis only. Exceptions Currently, the Police Department, on a case-by-case basis, handles review and approval of noise exception requests. Private contractors may submit a request to exceed the hours and the decibel levels allowed under the ordinance. These requests are usually made when it would be safer to the general public to complete the work during off- hours; when, in the City’s Case, it would be more expeditious and less costly to complete the entire project by providing additional hours during the day or evening; or due to emergencies. Very few exceptions have been approved for contractors who are working on remodels or construction of homes. During 2000, 28 noise exception permits were approved, with 24 of the locations in commercial areas. The four that were approved in residential areas included two for road work, one for concrete pouring, and one for trenching, none of which are affected by the proposed changes. Meeting_ with Contractors Per the Council direction to solicit comments from construction professionals, staff invited over 40 contractors to a meeting to discuss the proposed changes. Four contractors attended the meeting. Comments staff received from those that attended are included the proposal discussion section. RESOURCE IMPACT The only new resource impact associated with the proposed ordinance involves the signs that would be provided to contractors. Staff estimates that approximately $3,500 would be needed to cover the cost of the signs. Page 7 of 8 CMR:212:01 Enforcement costs would continue to be absorbed by the involved City Departments. POLICY IMPLICATIONS The proposed ordinance is consistent with City policy and Council direction. ENVIRONMENTAL REVIEW This project is categorically e×empt Environmental Quality Act (CEQA). from environmental review under the California ATTACHMENTS Attachment A: Attachment B: PREPARED BY: DEPARTMENT HE,~S): Matrix of other cities’ ordinances Amendment to Chapter 9.10 of the Palo Alto Municipal Code Les’i,ie ,Jermings, A .dr_ffmistrat~r "j--j Lye4 Johnson, Assistant Police Chief Patrick Dwyer, Chef of Police - Glenn Roberts, Public Works Director CITY MANAGER APPROVAL: Emily Assistant City Manager CMR:212:01 Page 8 of 8 ©© ORDINANCE NO. 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 Recitals: I.The Counci! intends to reduce the time periods on Sundays and holidays during which construction, demo!itio~, alteration,or repair activities authorized by city building permits may be conducted in residential zones, having determined that the public peace and genera! welfare will be better served by reducing the noise inherent in such activities at times when the genera! public deserves additional quiet and tranquility for sleep, rest, and recreation. Residentia! construction, demolition, and repair activities on Sundays and holidays, which are currently permitted during !0:00 a.m. through 6:00 p.m., are now intended to be prohibited in their entirety. 2.The Counci! further intends to reduce the time periods on weekdays and Saturdays 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 wil! be better served by reducing the noise inherent .from such activities during the evening hours when the genera! public (and especially adjacent residents in residential and mixed use zones) require additiona! quiet and tranquility. The hours for such non-residentia! 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. 3.in order to provide notice of the restrictions on construction noise applicable to both residentia! and non- residentia! properties, the Counci! prescribes certain signs to be posted that wil! inform the genera! public and warn the contractors and subcontractors, as wel! as their emp!oyees and suppliers, of the criminal penalties for violation of the restrictions. 010130 cl 0044092 4. The Counci! 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 !ot and street cleaning during weekends from 7 a.m. Friday to. !0 p.m. Sunday, in order to be consistent with the current schedule permitting public parking !ot and street cleaning ’by leaf b!owers and street sweepers on both weekdays and weekends, in order to be consistent with the current noise limitation for street sweepers (95 dBA measured at 25 feet), Counci! intends to increase the noise limitation for other c~eaning equipment used in cleaning public parking lots and streets in business districts from 75 dBA to 95 dBA measured a< a distance of 25 feet. These changes will provide greater uniformity in the restrictions applicable to al! equipment used for cleaning public parking !ots and streets in business districts, removing unintended and undesireab!e disparaties for different pieces of equipment used for the same public function. The Council of the City of Palo Alto does ORDAIN as follows: SECTION !. Title 9, Chapter 9.10, section 9.10.060 is hereby amended to read as fol!ows: 9.10.060 Special provisions. The specia! exceptions listed in this section shall apply,notwithstanding the provisions of Sections 9.10.030 through 9.10.050. Said exceptions shal! apply only to the extent and during the hours specified in each of the fol!owing 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.!0.030(a), 9.10.040 and 9.10.050(a) between the hours of eight a.m. and 010130 cl 0044092 2 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. in Non-Residential Zones. Except (b) Construction as for construction ~ee-~ rcs~~~ _~t~ ~ ~=~=nt~al zones described in subsection (c) of this section, construction, a~terationo demolition and repair activities, which are -~ ..permit ~ hc a!!o~;c~authorized by valid c~zy ...... be mrohibited excemt between the hours of eight a.m. and ~ six p.m. Monday through Friday, nine a.m. and ~ six p.m. on Saturday, and ten a.m. and six p.m. on Sundays and holidays, if they meet at least one of the following standards: (!)No individual piece of equipment shall produce, a noise ~evel exceeding one hundred ten dBA at a distance of ’~ ’n structure ontwenty-five feet. If the device is housed w~h~ a the property, the measurement shall be made outside the structure at a distance as c!ose to twenty-five feet from the equipment as possible. (2) The noise leve! at any point outside of the property mlane of the project shall not exceed one hundred ten dBA. _Pcstinj-nctise of scn~r-~:o.~ ~ ~ The holder of a valid permit for a construction project ~ .....~ ~ ....¯ ~_~ zLvc hundr~-~ . ~:_~shall post a sign at al! entrances 4ect sf ~cs~dcn~=-- z~ --to the construction site upon commencement of construction, for the purpose of informing all contractors and subcontractors, their emm!oyees, agents materialmen and al! other persons at’- _’s of this the construction site, of the basic remu{rement chapter. (A) Said sign(s) shal! be posted at least five feet above ground leve!, sha!~be visand shal! be o{ a white backmround, with black !etter~ng, which lettering shall be a minimum of one and one-half inches in he ~ mht. (B) Said sign shal! read as follows: CONSTRUCTION HouRs FOR NON-RESIDENTIAL PROPERTY (includes any and all deliveries) 010130 cl 0044092 MONDAY-FRIDAY 8:00 a.m. to 6:00 p.m. SATURDAY 9:00 a.m. to 6:00 p.m. SUNDAY/HOLIDAYS !0:00 a.m to 6:00 p.m. ~~o ~ndividual ~- of ip ~n:.~ ....cqu ment s~a!~ ......~ urcd 2~ fsct :.s~, such equipment Neis~ ~evel construction ~^ ~+~’ lane=_~p~.~ p Violation of ~m, ’~ Ordinance these restrictions is a misdemeanor punishable by a maximum of six months in jail, $!,000 fine, or both. Violators wil! be prosecuted. P.A.M.C. ~9. !0 . 060 (b) . (c)Construction on Residential Property. Construction, alteration,demolition or repair activities conducted ~-.~--~al pr~pertyin a residentia! zone, authorized by valid city bui!din~ permit~ shal! be prohibited on Sundays and holidays and is mrohibited on all other days excepta-:~.~ during the hours of eight a.m. and six p.m. Monday through Friday, nine-a.m, and six p.m. on Saturday, and ten a.m. and six :~ and ~!idays, __ they provided that the construction, demolition or repair activities durinm those hours meet the following standards: (!) No individual piece of equipment shall produce a noise leve! 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 c!ose to twenty-five feet from the equipment as possible. (2) The noise leve! at any point outside of the property plane of the project shall not exceed one hundred ten dBA. (3} The holder of a valid buildinm hermit for a construction ~roject !ocated within any residential zone shall post a simn at el! entrances to the construction site umon commencement of construction, for the murmose of informin@ el! contractors and subcontractors, their emp!ovees, aments, materia!men and el! other mersons at the construction site, of the basic remuirements of this chamter. 010130 cl 0044092 4 (A) Said siGn(s) shall be posted no less than three feet and no more than five feet above qround leve!, shal! be visible from the adjacent street, and shal! be of a white backmround with black !etterinm, which !etterinm shal! be a minimum of one and one-half inches in height. (B) Said simn shall read as fol!ows: CONSTRUCTION HOURS FOR RESIDENTIAL PROPERTIES (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 m.m. Construction nroh_b!ued. Violation of these restrictions is a misdemeanor nunishab!e bv a maximum of six months in jail, SI,000 fine, or. both. Violators will be prosecuted. P.A.M.C. §9.!0.060(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 secti:on, shall be allowed during the same hours as the exception set forth in subsection (b) of this section, providing no piece of equipment shal! produce a noise leve! which exceeds one hundred ten dBA, measured at a distance of twenty-five feet from the equipment. (e) Residentia! ’ Power Equipment. Residential power equipment shall be al!owed 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 leve! that exceeds ninety- five dBA measured at twenty-five .feet from the equipmentand is not beinJ operated for construction remulated in subsections (b) or (c) of this section. (f) Leaf B!owers. (I) On July !, 1989, and thereafter, only Gas-powered !ea{ b!owers which produce._ a noise level of seventy-five dBA or less, shall be allowed during the fo!lowing hours: nine a.m. and 010130 cl 0044092 five p.m. Monday through Saturday and ten a.m. and four p.m. Sundays and Holidays. (2) Between July .I, 2000 and January I, 2001, no person shal! operate an electric powered leaf b!ower which produces a noise leve! in excess of.seventy-five dBA when measured from a distance of twenty-five feet, and no person shal! operate an electric powered leaf blower except during the fol!owing hours: nine a.m. and five p.m. Monday through Saturday and ten a.m. and four p.m. Sundays and holidays. (3) No person shal! operate any leaf blower which does not bear an affixed manufacturer’s label indicating the model number of the leaf b!ower and designating a noise leve! not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing American Nationa! Standard institute methodo!ogy. Any leaf b!ower 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 al! mufflers and ful! extension tubes supplied by the manufacturer for that leaf b!ower. No person shal! operate any leaf b!ower without a{tachment, of al! mufflers and full extension tubes supplied by the manufacturer for that leaf b!ower. No person shal! operate any leaf blowers except during the fol!owing 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 b!owers on Sundays and holidays. No person shall operate any leaf b!ower powered by an interna! combustion engine within any residential zone after July !, 2002. No person shall operate any leaf b!ower powered by an interna! combustion engine within non-resident!a! zone except during the fol!owing hours: eight a.m. and six p.m. MondaY through Friday, and ten a.m. to four p.m. Saturday. Commercial operators of !ea~ b!owers are prohibited from operating any leaf b!ower 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 authorizatiois and restrictions otherwise provided in this chapter, public streets, sidewalks, and parking lots in business districts and at the Municipa! Golf Course and al! city parks may be cleaned between four a.m. and eight a.m. using leaf b!owers which bear an affixed manufacturer’s labe! indicating the mode! number of ;the leaf b!ower and designating a noise level not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing ~_merican Nationa! Standard 010130 cl 0044092 6 Institute methodology. The restrictions on leaf blowers contained in this subsection (f) (3) shall become effective on and after January i, 2001, except that the prohibitions on the use of leaf blowers powered by internal combustion engines shall become effective on and after July !, 2002. (g) Sz_ee~ Sweeping. St_ee~ sweeping activities are al!owed between the hours of ten p.m. and ~ ~iqht a.m. daily, provided they do not produce a noise leve! in excess of"~- when measured at a distancen~.~e~y-r!ve dBA, or ca~ am~.,t, 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 ~v~_ces 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 leve! stipulated by law. (j) Emergencies. Emergencies are exempt from this chap~_. (k) Public Parking Lot Cleaning. Cleaning equipment (other than leaf blowers), when used in public parking lots, shal! be al!owed during the hours of ten p.m. Sunday and ~ ei@ht a.m., Monday through Friday, dai!v, providing no such piece of equipment shal! produce a noise level that exceeds sevanty.....fivs ninety-five 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 shal! be al!owed during the hours -of ten ~.~-~-" .and ~ eiqht a.m., Monday Fridaydailv,p.m. ~-~ providing no such piece of equipment shall produce a noise leve! that exceeds scvsntyrfive ninety-five dBA measured at a distance of twenty-five feet. SECTION 2. The Counci! hereby finds and determines that the restrictions adopted by this Ordinance are categorically exempt from environmenta! review under the California Environmenta! Quality Act and CEQA Guideline 15308 as an 010130 cl 0044092 7 environmental regulatory action to assure the maintenance, restoration, enhancement and protection of the environment. SECTION 3. The effective date of this ordinance sha!l be the thirty-first day after its adoption, pursuant to Palo Alto Municipa! Code, section 2.04.350. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: Ci<y Clerk APPROVED AS TO FO?~: Senior Asst. City Attorney Mayor City Manager Police Chief 010130 cl 0044.092 ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO ~ENDING 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 Counci! of the City of Pa!o Alto does ORDAIN as follows: SECTION !. Findings and Declarations. herein finds and declares as follows: The City Council A.The Counci! 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 genera! welfare wil! be better served by reducing the noise inherent in such activities at times when the genera! public deserves additiona! quiet and tranquility for sleep, rest, and recreation. Residentia! construction, demolition, and repair activities on Sundays and holidays, which are currently permitted during I0:00 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 permit~ may be conducted in non-residentia! zones, having determined that the public peace and genera! welfare wil! be better served-by reducing the noise inherent from such activities during the evening hours when the genera! public (and especially adjacent residents in residentia! and mixed use zones) require additiona! quiet and tranquility. The hours for such non-residentia! 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 _eauced from the current !0 a.m. through 6:00 m.m. to a total Drohibition on construction. 010801 cl 0044113 ~- C. In order to provide notice of the restrictions on construction noise applicable to both residential and non- residentia! properties, the Counci! prescribes certain signs to be posted that wil! inform the general public and warn the contractors and subcontractors, as wel! 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 d!szr_c~s 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.Counci! further intends to remove the current prohibition on public parking !ot and st_eeL cleaning during weekends from 7 a.m. Friday to i0 p.m. Sunday, in order to be consistent with the current schedule permitting public parking !ot and street cleaning by leaf blowers and street sweepers on both weekdays and weekends. In order ~ ....~ .....establish uniform noise limitationconsignment ~.;ith ~-. cu~ent for street sweepers~’~= ~m~ ~.~.~--~urcd ~ct, , ~ ..... =~ ~-- limitatiom, and for other cleaning equipment used in cleaning public parking lots and streets in business districts, Counci! intends ~to set a noise limitation =--- ~5 dBA ~ of ~ 90 dBA measured at a distance of 25 feet. These changes will provide greater uniformity in the restrictions applicable to all equipment used forcleaning public parking lots andstreets in business @~s~_~crs removing unintended and undesirable disparaties for differentpieces of equipment used for the same public function. SECTION 2. Title 9, Chapter 9.10, section 9.10.060 of the Pa!o Alto Municipal Code is hereby amended to read as fol!ows: 9.10.060 Specia! provisions. The special exceptions listed in this section shall apply,notwithstanding the provisions of Sections 9.10.030 through 9.10.050. Said exceptions shall apply only to the extent and during the hours specified in each of the fol!owing enume_a~ed exceptions. 010801 cl 0044113 2 (a) General Daytime Exception. Any noise source which does not produce a noise leve! ~xceeding 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), 9.10.040 and 9.!0.050(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 shal! apply between ten a.m. and six p.m. (b) Construction in Non-Residentia! Zones. Except for construction on res:~d~,~±~ property, in residentia! zones as described in subsection (c) of this section, construction, alteration, demolition and repair activities, which are~hc -~ ....~d shal!authorized by valid city building permit sha ~ ...... be prohibited on Sundays and holidays and shal!be prohibited excep~ between the hours of eight a.m. and cight......six p.m.-Monday through Friday, nine a.m. and ~ six p.m. on Saturday, and ~ ....i~ they meet at~ ~.m. and~ s~-~ p.m. ~_~-. Sundays an~ h~~ .... least one of the fol!owing standards: (i) No individual piece of equipment shall produce a noise leve! 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 shal! 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 shal! not exceed one hundred ten dBA. sf son~r~-on ....... ~ ~ ...... The holder of a valid construction buildin@ permit for a construction project in a non-residentia! zone ~ithin this city, which project is~ located within five hundrs~ fcct of any residcntia! zone, shall post a sighat al! entrances to the construction site upon commencement of construction, for the purpose of informing all contractors and subcontractors, their employees, agents, materialmen and al! other persons at the construction site, of the basic requirements of this chap~_ (A) Said sign(s) shall be posted at least five feet above ground leve!, shall be visible from the adjacent street, and shal! be of a white background, with black lettering, which lettering shal! be a minimum of one and one-half-inches in height. r ~ fo71ows:(B) Said sign shal! _eae as _ 01080] cl 0044113 3 CONSTRUCTION HOURS FOR NON-RESIDENTIAL PROPERTY (includes any and al! deliveries) MONDAY-FRIDAY 8:00 a.m. to 6:00 p.m. SATURDAY 9:00 a.m. to 6:00 p.m. SUNDAY/HOLIDAYS I0:00 a.m tc 6:00 p.m. Construction mrohibited. Noise ~ cvcl ..........~ a~, point p~p~ty plane s~al7 --~ exss-.d llO sf the. Violation of this Ordinance these restrictions is a misdemeanor punishable by a maximum of six months in jail, $i,000 fine, or both. Violators will be prosecuted. P.A.M.C. 69.!0.060(b). (c)Construction on Residential Property. Construction, alteration,demolition or repair activities conducted ~ residential propcrtyin, a residentia! zone, authorized by valid city buildinq permit, shal! be prohibited on Sundavs and ho!idavs and is prohibited on al! other days excemtallowcd snly during the hours of eight a.m. and six p.m. Monday through Friday, nine a.m. and six p.m. on Saturday, and ton a.m. and six p -- ~-~ ....and hs!idays ~=-.m .........~, __ the}" provided that the construction, demolition or repair activities durin~ those hours meet the following standards: (!) No individua! piece of equipmen[ shal! produce a noise leve! 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 shal! be made outside the structure at a distance as c!ose to twenty-five .feet from the equipment as possible. (2) The noise leve! at any point outside of the property plane of the project shal! not exceed one hundred ten dBA. (3) The holder of a valid buildin~ permit for a construction project located within any residential zone shal! most a sign at al! entrances to the construction site upon commencement of construction, for the purpose of informin@ al! contractors and subcontractors, their emm!oyees, a~ents, materialmen and all other persons at the construction site, of the basic requirements of this chapter. 010801 cl 0044113 4 (A) Said simn(s) shall be mosted no less than three feet and no more than five feet above mround leve!, shal! be visible from the adjacent street, and shall be of a white back~round.~ with black !etterin~, which letterinm shal! be a minimum of one and one-half inches in heimht. (B) Said simn shall read as fol!ows: CONSTRUCTION HOURS FOR RESIDENTIAL PROPERTIES (includes any and al! deliveriesl. 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. i 7 ~’ restrictions is a misdemeanorVTo_au!on of these munishab!e by a maximum of six-months in jail, $I,000 fine ok both. Violators wil! 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 sect£on, shal! be al!owed during the same hours as the exception set :forth in subsection (b) of this section, providing no piece of equipment shal! produce a noise !eve! which exceeds one hundred ten dBA, measured at adistance of twenty-five feet from the equipment. (e) Residentia! Power Equipment. Residential power equipment shal! be al!owed 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 leve! that exceeds ninety- five dBA measured at twenty-five feet from the equipment and is not beinm operated for construction remulated in subsections (b) or (C) of this section. (f) Leaf Blowers. =~---~--~-~ ~ ....gh Saturday and ~-- a -and fo~ - Sundays .........._~. 010801 cl 0044113 5 .~_ ......July ., ......, ~ ~, "~ shall opcratc an .-~-~’: ......... .-~ Icaf ~ ..... "’~-~ ~/’~ ..... and parson _W-~l ~ e!eczr~c mo;;crcd ~-= bl~..~r ~cep~ during th~ fo!low2n{ hours:. four p.m. Sundays and holidays. ~ No person shall operate any leaf blower which does not bear an affixed manufacturer’s labe! indicating the mode! number of the leaf b!ower and designating a noise leve! not in excess of sixty-five dBA when measured from a distance of fifty feet uti!izing ~erican Nationa! Standard institute methodo!ogy. Any leaf b!ower which, bears such a manufacturer’s labe! shal! be presumed to comply with any noise leve! limit of this chaPter provided that it is operated with el! mufflers and ful! extension tubes supplied by the manufacturer for that leaf blower. No person shal! operate any leaf b!ower without attachment of all mufflers and ful! extension tubes supplied by the manufacturer for that leaf blower. No person shall operate any leaf blowers except during the .fo!!owing 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 sha!! operate any leaf b!ower powered by an internal combustion engine within any residential zone after July I, 2002. No person shal! operate any leaf b!ower powered by an interna! combustion engine within non-residentia! zone except during the fol!owing hours: eight a.m. and six p.m. Monday through Friday, and ten a.m. to four p.m. Satu{day. Commercial operators of leaf b!owers are prohibited from operating any leaf blower within the city if they do not prominentlydisplay a certifi.cate approved by the Chief of Police verifying that the operator has been trained to operate leaf b!owers according to standards adopted by the Chief of Police. in addition to al! authorizations and restrictions otherwise provided in this chapter, public streets, sidewalks, and parking lots in business districts and at the Municipal Golf course and al! city parks may be cleaned between four a.m. and eight a.m. using leaf b!owers which bear an affixed manufacturer’s labe! indicating the mode! number of the leaf blower and designating a noise leve! not in excess of sixty-five dBA when measured from a distance of fifty feet utilizing American Nationa! Standard gy ~h~rcstristions on !~institute methodo!o .....--= ~.~s containcd_-~ ~-~ subsection (f) (~’~,. shall b~-sm.c and aft-.- January ~ °0°~ a~ccpt ~-~ the pr-~t~-~ on the-= ~--f ~o.~...~.~ powered hy intcrnal _ _w become off~’’~ ~n an,~ af~-~ :"ly 1 200° 010801 cl 0044113 6 (g) Sz_ee~ Sweeping. Str=et 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 leve! stipulated by law. (j) chapter. Emergencies.Emergencies are exempt from this (k) Public Parking Lot Cleaning. Cleaning equipment (other than leaf blowers), when used in public parking lots, shal! be al!owed during the hours of ten p.m. Sunday and ~ ~i hg_h_~a.m.,Monday ~’" ~¯~~ Friday, daily~ providing no such piece of equipment shall produce a noise leve! that exceeds ~.~.~ ....ninctv =~"- ninet dBA measured at a distance of twenty-five feet. (1) Business District Street Cleaning.Cleaning equipment (other than leaf b!owers), when used in public streets in business districts shal! be allowed during the hours of ten ¯~ ~ ~dai!v,p.m.~-’~ and ~ eight am., M~nday ~o~ ~ ~ ....’ providing no such piece of equipment shall produce a noise level that exceeds ~- .... ~-=~ .... {-~":fiv8 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 environmenta! review under the California Environmental Quality Act and CEQA Guideline 15308 as an environmenta!regulatory action to assure the maintenance, restoration, enhancement and protectionof the environment. // // // 010801 cl 0044113 7 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: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Mayor APPROVED: Senior Asst. City Attorney City Manager Police Chief 010801 cl 0044113 8 ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 9.10 OF TITLE 9 (PEACE, MORALS, AND SAFETY) OF THE PALO ALTO HIiN!C!PAL CODE REGULATING NOISE IN ORDER TO CLARIFY THE RESTRICTIONS ON CONSTRUCTION, DEMOLITION, OR REPAIR ACTIVITIES AND THE RESTRICTIONS ON PUBLIC STREET CLE~ING IN BUSINESS DISTRICTS The Counci! of the City of Palo Alto does ORDAIN as follows: SECTION i. The Council hereby finds as follows: (a) An editoria! correction is required to subsection (b) of Palo Alto Hunicipal Code section 9.10.060 (relating to non-residentia! construction noise) in order to conform its restrictions to those for residential construction noise in subsection (c) of Palo Alto Municipal Code section 9.10.060. (b)In recognition of the intensive public use Of business district streets during daylight hours as wel! as in the evenings, the Counci! determines that city crews and contractors and any adjacent business property owners or operators should be permitted to use power cleaning equipment for cleaning public sidewalks within the public right of way during the hours of ten. p.m. and eight a.m. daily, so !ong as noise from any piece of equipment used for that purpose does not exceed ninety dBA measured at a distance of twenty-five feet. This is intended to be declarative of the intent of the Council under existing law that public sidewalks are included within the restrictions applicable to public streets within the business districts. SECTION 2. Subsection (b) of Section 9.10.060 (Special Provisions) of Chapter 9.10 (Noise) of Title 9 (Public Peace, Morals, and Safety) of the Pa!o Alto Municipal Code is hereby amended to read as follows: (b) Construction. Except for construction on residentia! property as described in subsection (c) of this section, construction, alteration and repair activities, which are authorized by valid city building permit shal! 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 030114 cl 0044298 a.m. and six p.m. on Saturday if they meet at icast one of provided that the construction, demolition or repair activities during those hours meet the following standards: (I) No individual piece of equipment shal! produce a noise leve! 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 shal! be made outside the structure at a distance as c!ose 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 construction permit for a construction project in a non-residential zone shal! post a sign at al! entrances to the construction site upon commencement of construction, for the purpose of informing all contractors and subcontractors, their emp!oyees, agents, materialmen and al! 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 leve!, and shal! be of a white background, with black lettering, which lettering shal! be a minimum of one and one-half inches in height. (B)Said sign shall read as follows: 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. Violation of this Ordinance is a misdemeanor punishable by a maximum of six months in jail, $i,000 fine, or both. Violators wil! be prosecuted. P.A.H.C. § 910.060(b) . SECTION 3. Subsection (i) of Section 9.10.060 (Special Provisions) of Chapter 9.10 (Noise) of Title 9 (Public Peace, Morals, and Safety) of the Palo Alto Municipal Code is hereby amended to read as follows: 030114 cl 0044298 (i) Business District Street Cleaning. Cleaning equipment (other than leaf b!owers), when used in public streets and public sidewalks within the public right of way 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 leve! that exceeds ninety dBA measured at a distance of twenty-five feet. SECTION 4. This ordinance does not constitute a project having potential effects upon the environment and therefore does not require enviros~ental review under the California Environmenta! Quality Act. SECTION 5. This ordinance shal! be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FO~: Mayor APPROVED: Senior Asst. City Attorney City Manager Police Chief 030114 cl 0044298 3