HomeMy WebLinkAbout2001-08-06 City Council (17)FROM:
DATE:
SUBJECT:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: POLICE
AUGUST 6, 2001 CMR:317:01
APPROVAL OF AMENDMENTS TO PALO ALTO
MUNICIPAL CODE CHAPTER 9.10 RESTRICTING
CONSTRUCTION, DEMOLITION AND REPAIR
ACTIVITIES AND MODIFYING THE HOURS FOR PUBLIC
STREET SWEEPING AND PARKING LOT CLEANING
RECOMMENDATION
Staff recommends that the City Council amend the Policy and Services Committee
recommendation to Palo Alto Municipal Code Chapter 9.10 that regulates 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 regulating
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.
CMR: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 explore 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 the 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 will 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, acknowledging 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 Signage
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
CMR: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 original 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.
ENVIRONMENTAL REVIEW
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
PREPARED BY:
LESLIE JENNINGS
Police Administrator
DEPARTMENT HEAD:
PATRICK
Chief of Police
Assistant City Manager
CMR:317:01 Page 5 of 5
TO:
ATTENTION:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
POLICY AND SERVICES COMMITTEE
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:
SUBJECT:
June 7, 2001 CMR:212:01
APPROVAL OF AMENDMENTS TO PALO ALTO MUNICIPAL
CODE CHAPTER 9.10 RESTRICTING CONSTRUCTION,
DEMOLITION, AND REPAIR ACTIVITIES AND MODIFYING
TIlE HOURS FOR PUBLIC STREET SWEEPING AND PARKING
LOT CLEANING
REPORT IN BRIEF
In May 1997, the City Cotmcil directed staff to propose modifications to the Mtmicipal 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. "
CMR:212:01 Page I of 8
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 levels 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 informing all persons at
the location of the allowed hours of construction.
Additionally, 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 andhours 0fpublic 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 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 9.10 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.
~ CMR:212:01 Page 2 of 8
Enforcement of the noise ordinance is a shared responsibility between the Planning Departm.ent’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 concem over loud and intrusive noise has grown, a number of surrounding communities have
increased the regulation of construction noise. Staffhas 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 Sunnyvale, Menlo
Park, Campbell 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
CMR:212:01 Page 3 of 8
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 definitiofl, 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 on
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 Changes
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. Staff believes 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 still 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 significantly 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 homeowners who are doing their own remodeling projects. If Council
desires to adopt this provision, staffwould 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 signs 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 signage
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:212:0I Page 5 of 8
Currently, street sweeping may be done during the hours of 10:00 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 residential 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.
Staffhas heard repeatedly from residents and businesses alike about the need to enhance the cleanliness
of public parking facilities, and believes there will 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 parking facilities and the business districts.
Enforcement
Noise issues are both policy and enforcement related: While the City’s Planning Division has
responsibility 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
regulations 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 signage 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 give 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 will 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.
CMR:212:01 Page 7 of 8
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 exempt from
Environmental Quality Act (CEQA).
environmental review under the California
ATTACHMENTS
Attachment A:
Attachment B:
PREPARED BY:
DEPARTMENT HEAD:
Matrix of other cities’ ordinances
Amendment to Chapter 9.10 of the Palo Alto Municipal Code
Le£i,ie Jennings, A ,drffmistra(dr "
Lyrgad Johnson, Assistant Police Chief
/
Patrick Dwyer, Chi’ef of Police
Glenn Roberts, Public Works Director
CITY MANAGER APPROVAL:
Emily Assistant City Manager
CMR:212:01 Page 8 of 8
0
0
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 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 genera! public deserves additional quiet and tranquility for
sleep, rest, and recreation. Residential 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.
2.The Council 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-residentia! 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 adjacent residents in residential and mixed use
zones) require additiona! 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.
3.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 genera! public and warn the
contractors and subcontractors, as well as their employees and
suppliers, of the criminal penalties for violation of the
restrictions.
010130 cl 0044092
4. 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 I0 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 be
consistent with the current noise limitation for street sweepers
(95 dBA measured at 25 feet), Council 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 at a distance of 25 feet. 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
undesireable 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 I. Title 9, Chapter-9.10, section 9.10.060 is
hereby amended to read as follows:
9.10.060 Special 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 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),
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.
(b) Construction in Non-Residential Zones. Excep£
for construction on ~~+~ ...... ~’~ in residential zones as
described in subsection (c) of this section, construction,
alteration., demolition~ and repair activities, which are
authorized by valid city ~ permit shall be allo~.;ed shall
be prohibited except between the hours of eight a.m. and
six p.m. Monday through Friday, nine a.m. and e~ 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 level exceeding one hundred ten dBA at a distance bf
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.~-~....... ~ notice of construction hours ~ ......~-~
(3)The holder of a valid ....~-~,~--~,~.~ buildin~
permit for a construction project in a non-residential zone
"’~- ~city, ~.~hich .project is located ~.~ithin =~ ~~
fcct of an}"residential zone, shal! 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 al! other persons at
the construction site, of the basic requirements of this
chapter.
(A) Said sign(s) shal! 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:
CONSTRUCTION HOURS
FOR NON-RESIDENTIAL PROPERTY
(includes any and all deliveries)
010130 cl 0044092 3
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 to 6:00 p.m.
I ~o individual
d~
Violation of this -~ .....O ..........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.
§9.10.060(b).
(c) Construction on Residential Property. Construction,
alteration, demolition or repair activities conducted e~
residential propcrtyin a residential zone, authorized by valid
city buildinq permit, shall be prohibited on Sundays and
holidavs and is prohibited on al! other days excepta!iowcd~.~--~’~
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
~ ~~’~ if they provided that the
construction, demolition or repair activities durin~ those hours
meet the following standards:
(I) 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 buildinq 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 informinq~ all
contractors and subcontractors, their employees, aqents,
materialmen and all other persons at the construction site, of
the basic requirements of this chapter.
010130 cl 0044092 4
(A) Said siqn(s) shall be posted no less than three feet
and no more than five feet above qround level, shall be visible
from the ad@acent street, and shall be of a white backqround,
with black letterinq, which letterinq shall be a minimum of one
and one-half inches in height.
(B) Said siqn 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, $i,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 equipmentand is
not being operated for construction regulated in subsections (b)
or (c) of this section.
(f) Leaf Blowers.
(i) On July !, 1989, and thereafter, only Gas-powered
leaf b!owers which produce a noise level of seventy-five dBA or
less, shall be allowed during the following hours: nine a.m. and
010130 cl 0044092 5
five p.m. Monday through Saturday and ten a.m. and four p.m.
Sundays and Holidays.
(2) Between July.l, 2000 and January I, 2001, no person
shall operate an electric powered leaf blower which produces a
noise level in excess of.seventy-five dBA when measured from ~
distance of twenty-five feet, and no person shall operate an
electric powered leaf blower except during the following 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 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-ffve 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 shal! operate any leaf blower without
attachment, of all mufflers and full extension tubes supplied by
the manufacturer for that leaf blower.
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 shal!
operate any leaf blowers on Sundays and holidays. No person
shall operate any leaf blower powered by an internal combustion
engine within any residentia! zone after July I, 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 Friday,
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
authorizatiois and restrictions otherwise provided in this
chapter, 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’s label indicating
the model 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 American 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 I, 2002.
(g) Street Sweeping. Street sweeping activities are
allowed between the hours of ten p.m. and ee:+e~ eiqht a.m.
daily, provided they do not produce a noise level in excess of
n~nety-five dBA, cr~A-~ _~~,~-~ 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. Emergencies are exempt from this
chapter.
(k)Public Parking Lot Cleaning. Cleaning equipment
(other than leaf blowers), when used in public parking lots,
shall be al!owed during the hours of ten p.m. Sunday and ee=+e~
eight a m., Monday ~ .....~~t .....~" daily, providing no such
piece of equipment shall produce a noise leve! that exceeds
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 shall be allowed during the hours of ten
p.m ....... ~ and ee~e~ eiqht a.m., ....... ~ ...... ~ ....... __
providing no such piece of equipment shall produce a noise level
that exceeds scv.... ~ .....ninety-five dBA measured at a distance
of twenty-five feet.
SECTION 2. The Council hereby finds and determines that
the restrictions adopted by this Ordinance are categorically
exempt from environmental review under the California
Environmenta! Quality Act and CEQA Guideline 15308 as an
OlOl30 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 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:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Police Chief
010130 cl 0044092 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
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION i. Findings and Declarations.
herein finds and declares as follows:
The City Council
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,
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 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 adjacent 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 !0 a.m. through 6:00 p.m. to a total
prohibition on construction.
010801 cl 00~113 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 a~d
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 i0 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 be
c ............................. establish uniform noise limitation
for street sweepers,~’~ ~ ~LL~~ at 25 feet), Council
~ ~ ~~’" and for other cleaning
equipment used’ in cleaning public parking lots and streets in
business districts, Council intends to set a noise limitation
from 75 dBA to of 4L~ 90 dBA measured at a distance of 25 feet.
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 differentpieces of
equipment used for the same public function.
SECTION 2. Title 9, Chapter 9.10, section 9.10.060 of
the Palo Alto Municipal Code is hereby amended to read as
follows:
9.10.060 Special 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 following enumerated
exceptions.
010801 ¢1 0044113 2
(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),
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 buildinq permit shall be al!owed 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, and
if they meet at
least one of the following standards:
(i) No individua! 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.~ng notice of const "~- ~ ..... ~ ...... ~
(3) The holder of a valid~~~-~- buildinq
permit for a construction project in a non-residential zone
f,
fect -~ ....... ~--~-~ .... 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 0ne-half inches in
height.
(B) Said sign shall read as follows:
010801 cl 0044113
CONSTRUCTION HOURS
FOR NON-RESIDENTIAL PROPERTY
(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 I0:00 a.m to ~:~n ~ ~
Construction prohibited.
2.Noise !cvel at any pcmnt outs~-
Violation of ~-~ ~~ .....these restrictions is a
misdemeanor punishable by a maximum of six months in jai!,
$!,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 e~
~~ ......~"authorized by valid............ ~~In a residential zone,
city buildinq permit, shall be prohibited on Sundaysand
except ........holidays and is prohibited on all other days ~ ....~~"
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 sixo,~ ......~ ~ ....if they provided that thep.m. on ......~ ............~,
construction, demolition or repair activities during those hours
meet the following standards:
(I) 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 buildin~ 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 informinq all
contractors and subcontractors, their employees, aqents,
materialmen and all other persons at the construction site, of
the basic requirements of this chapter.
010801 cl 0044113 4
(A) Said siqn(s) shall be posted no less than three feet
and no more than five feet above ground level, shall be visible
from the adjacent street, and shall be of a white background,
with black letterinq, which lettering shall be a minimum of one
and one-half inches in height.
(B) Said siqn shall read as fol!ows:
CONSTRUCTION HOURS
FOR RESIDENTIAL PROPERTIES
(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 Construction prohibited.
Violation of 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. §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 beinq operated for construction regulated in subsections (b)
or (c) of this section.
(f) Leaf Blowers.
010801 cl 0044113 5
~~-~--+~- po~-:crcd leaf blower except during the fcl~’’4~~,,~-~ -~ ~ ..... :
~ 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.
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
shal! operate any leaf blower powered by an internal combustion
engine within any residential zone after July i, 2002. No
person shall operate any leaf blower powered by an internal
combustion engine within non-residential 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
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, 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’s label indicating
the mode! 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 m~ ....~~ .....~ ~ ......
contained in this subsection ’#~ ’~ ~ ~ ......~ .....
................ ~ ~, ...., .....~ ..........~ ........ions on
..... ~ ~ m~ ...............~ m’~ ~-~ ....~ "’-w’~’~-- engines shall
010801 cl 0044113 6
(g) Street Sweeping. Street sweeping activities are
allowed between the hours of ten p.m. and ~ eiqht a.m.
daily, provided they do not produce a noise leve! in excess of
nincty-five ninety dBA, or local ambient, 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. Emergencies are exempt from this
chapter.
(k)Public Parking Lot Cleaning. Cleaning equipment
(other than leaf blowers), when used in public parking lots,
shall be allowed during the hours of ten p.m .......~ and ~
eight a.m..., .......~ ......~ .......~,providing no such
piece of equipment shall produce a noise level that exceeds
~cvcnty five ~.,-~........ ~ ....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. Sunday and ~ eiqht a.m., Monday through Fridayda_9~,
providing no such piece of equipment shall produce a noise level
that exceeds scvcnty five nincty-fivc 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 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