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Home My WebLink About01/14/2002 /-/I- ~ '2_.-.~ BAKERSFIELD David Couch, Chair Sue Benham Mike Maggard Staff: John W. Stinson MEETING NOTICE URBAN DEVELOPMENT COMMI'I-I'EE of the City Council - City of Bakersfield Monday, January 14, 2002 1:00 p.m. City Manager's Conference Room, Suite 201 Second Floor- City Ha11,1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT DECEMBER 3, 2001 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendation regarding leaf blowers - Stinson B. Discussion and Committee recommendation regarding City/County drilling requirements- Hardisty 5. NEW BUSINESS A. Discussion and Committee recommendation regarding zoning for residential and commercial/industrial uses in the area of East 18t' Street - Hardisty 6. COMMITTEE COMMENTS 7. ADJOURNMENT S:~JOHN\Urban Dev2002\ud02jan14.wpd D AFT BAKERSFIELD ~J~ ~ David Couch, Chair Alan Tandy, City *Manager Sue Benham Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN .DEVELOPMENT COMMI'R'EE MEETING Monday, December 3, 2001, 1:00 p.m. City Manager's Conference Room - City Hall 1. ROLL CALL The meeting was called to order at 1:07 p.m. Present: Councilmembers David Couch, Chair; Sue Benham; and Mike Maggard 2. ADOPT NOVEMBER 5, 2001 AGENDASUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Discussion and Committee recommendation regarding ordinance requiring establishment of maintenance districts for landscaping and public parks Public Works Civil Engineer Marian Shaw spoke about the current maintenance district ordinance and the original intent was any new development that would benefit from the public landscaping should also pay their proportionate share for the landscaping and all new development be included in the maintenance district requirements. However, currently if a new development is not subject to a parcel map or tract map, the language in the ordinance is not specific to include the project in the maintenance district. Staff would like to revise the language in the ordinance, so all new commercial, industrial or multi-family development benefitting from the public landscaping or parks be required to be included in the maintenance district. The Committee unanimously approved and directed staff to proceed with the change to the ordinance and forwarding the ordinance to the Council for first reading. URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, December 3, 2001 Page -2- B. Discussion and Committee recommendation regarding leaf blowers Administrative Analyst Trudy Slater gave an overview on past actions taken by the Legislative and Litigation Committee in 1994 and 1995. They had recommended an educational program for leaf blower users. At that time no further action was taken as the State Legislature commissioned a Study by the Air Pollution Control Board. The report from that study returned to the Legislature in May 2001. The Legislature has no pending legislation proposed. Ms. Slater reported on a survey of other cities' ordinances. Sacramento has restrictions on the hours of operation for gas-powered-leaf blowers. Los Angeles has a ban on gas-powered leaf blowers. San Diego has restrictions on the hours of operation for.all leaf blowers. Barbara Bates spoke regarding the dust created by leaf blowers polluting the air and is in favor of a ban on leaf blowers. Jack Rademacher, N.A.R.L.S. Coalition, spoke about Title 9 noise regulations and Valley Air Pollution Control District Rule 4102 and enforcement issues. Lorraine Unger, Sierra Club, spoke regarding concerns about air quality. Committee member Benham expressed the need for more data and requested staff to research the issue for information on leaf blowers, not necessarily legislation, but information from universities, the Lung Association, Project Clean Air, or environmental groups. She spoke about sensitivity to people using leaf blowers as part of their livelihood and the need to consider input from their industry (Garden Association). Committee member Maggard stated Kelly Malay is in public relations at the Air Pollution Control Board and staff should contact her for information about Rule 4102 and any studies around the state regarding leaf blowers. He was also interested in the mechanism being used by sweepers when sweeping parking lots, as there is very little dust from their sweeping activities. Committee Chair Couch would like to have the cost of other alternative types of equipment to clean leaves and debris that operate without dust to know the cost to gardeners to change equipment and also the amount being charged gardeners for their business licenses. Councilmember Benham requested a response from the City Attorney regarding enforcement of Title 9 of the Municipal Code. She also requested that Recreation and Parks perform a comparison of cleaning a park area with and without a blower and provide information on the time and cost differential for each method. Staff will also provide information and newspaper articles from other cities that have blower enforcement ordinances. AGENDA SUMMARY REPORT Monday, December 3, 2001 Page -3- C. Discussion and Committee recommendation regarding landscaping ordinance ~ enforcement Development Services Director Jack Hardisty spoke about poor maintenance and care of landscaping in commercial development and staff's efforts to enforce proper maintenance. Guidelines need to be developed to ensure equity with enforcement efforts. Dana Adams, Tree Foundation, spoke and is interested in efforts to make changes to ensure proper care to help the City keep moving forward to achieve greater, shade canopy. Lorraine Unger spoke regarding the need for enforcement perhaps by licensing of contractore pruning trees or permitting process. Renee Nelson spoke regarding enforcement. Parks Urban Forester Paul Graham spoke regarding a certification course for gardeners being given through Bakersfield College. He feels there should be a permitting process for landscapers/tree trimmers and enforcement methods in place. The Committee discussed enforcement options and who should be the judge of pruning methods for trees in commercial development, medians and City right-of ways. Deputy City Attorney Ginny Gennaro explained there are two issues, which are.covered in different parts of the Municipal Code: 1) Chapter 17.- deals with the canopy and the percent of shade required; and 2) Chapter 12.40 deals with trees in the City right-of-way, which includes the trees in the medians, and is currently being studied by the ad hoc tree committee recently formed by the City Council in August. The ad hoc tree committee is going through the ordinance and will be making recommendations back to the Council. Enforcement for not reaching the required canopy element will be under Chapter 17 and enforcement for harming trees in a City median or right-of-way will be under Chapter 12.40. City Attorney Bart Thiltgen explained for enforcement of licensed tree trimmere you could use a standard misdemeanor (criminal trial), which is subject to incarceration. His preference would be handling enforcement administratively using code enforcement, noticing, hearings and the assessment of a fines. Development Services Director Jack Hardisty summarized the issues discussed by the Committee to include: 1) licensing of tree trimmers; 2) more direct enforcement by citation for violating set standards, which would not allow topping of trees, trimming more than 20% of the branches out, sawing off at the stump or removal without arrangement for proper replacement; 3) have an administrative hearing as we do with other maintenance issues; 4) and creating a citation authority by the City Urban Forester or Code Enforcement. There was a suggestion of.using the expertise of the City's Urban AGENDA SUMMARY REPORT Monday, December 3, 2001 Page -4- Forester for judging the need for a citation and Code Enforcement for issuing and handling the citation process. Committee Chair Couch requested the Development Services Director to put the summarized issues in a memo and draft ordinance language and bring back to the Committee for their decision and recommendation. D. Review and Committee recommendation regarding 2002'Urban Development Committee meeting schedule The meeting schedule was adopted as submitted. It was noted that Committee member Benham would not be available for the August 12th meeting. The meetings are at 1:00 p.m. on the following Mondays:. January 14, February 11, March 4, April 8, May 6, June 10, July 15, August 12, September 9, and October 7. 5. COMMITTEE COMMENTS 6. ADJOURNMENT The meeting was adjourned at 2:47 p.m, Attendance - staff: City.Manager Alan Tandy; Assistant City Manager John W. Stinson; City Attorney Bart Thiltgen; Development ServiCes .Director Jack Hardisty; Deputy City Attorney Ginny Gennaro; Principal Planner Jim Eggert, Planning; Public Works Director Raul ~Rojas; Assistant Public Works Director Jack LaRochelle; Public Works Civil Engineer Marian Shaw; Assistant Recreation and Parks Director Allen Abe; Parks Urban Forester Paul Graham; Police Captain Bryan Lynn; and Administrative Analyst Trudy Slater. Others: Cassie Daniel, Bakersfield Association of Realtors; Renee Nelson; Jack M. Rademacher, N.A.R.L.S. Coalition; Barbara H. Bates; Lorraine Unger, Sierra Club; Dana Adams, Executive Director, Tree Foundationlof Kern. cc: Honorable Mayor and City Councilmembers S:~JOHN~Urban Dev2001\ud01dec03sum ma~y.wpd DEPARTMENT OF RECREATION AND PARKS DATE: January 10, 2002 TO: Alan Tandy, City Manager FROM: Stan Ford, Director of Recreation and Parks SUBJECT: Back Pack Blower Vs. the Broom The Recreation and Parks Department maintains about 330 acres of parks and streetscapes in the Maintenance District and about 310 acres in non Maintenance District areas. This would include high profile areas such as the Centennial Plaza, Chester Avenue Streetscapes, and City Hall. We have 90 regular park employees and 45 temporary employees during the peak season that maintain over 640 acres within the city limits. The Parks Division budget for the 2001-2002 fiscal year is $7,929,500 to perform all the maintenance tasks within the city. The back pack blower is a major component of our maintenance function. Staff uses the blowers to clean sidewalks of dirt and debris, clean out flower beds, blow off basketball and tennis court surfaces, swimming pool decks, bike paths, trails, picnic areas and street areas. This function is done because we want areas clean, projection of a good image and areas that are safe for our users. We also use other equipment to minimize the use of back pack blowers. Our median mowers have mulching units on them to minimize the amount of debris on sidewalks and streets. We have several "turf sweeper" units that pick up turf clippings and leaves so the blowers don't have to be used as often. This department compared maintenance tasks using brooms versus back pack blowers over a period of time. These sampling areas consisted of parks, streetscapes and median areas to determine the times required by the broom and back pack blower. The results produced a ratio of 4 to 1 which meant that it took an employee 4 hours to clean an area with a broom and 1 hour to clean that same area with a back pack blower. Our ratio is very close to that of the City of Los Angeles Recreation and Parks Department which was 5 to 1. In discussing this issue with a City of Los Angeles department official, he described the ban on blowers as a disaster. Their current maintenance schedule is directed by phone calls and complaints regarding the lack of maintenance. Current man power with brooms only allows them to respond to calls and not capable of maintaining a regular maintenance schedule. Comparing the Maintenance District labor costs of using a back pack blower at $302,000 a year and the costs of using a broom at $1,209,000 a year. This would be an increase cost of $907,000 to the annual Maintenance District budget, $2,918,819 which is a 31% increase. Also, this increase only accounts for expenses in the Maintenance District while the City has other non Maintenance District areas that would experience similar costs and increases. Accordingly, if we change our maintenance operation to the use of brooms and the required staffing and funding is not available, then our maintenance standards would decline. There would be a slight savings in the purchase of brooms, $15,300 versus blowers, $22,100 in a year and the net would be $6,800. This department continues to look at new technology and enhancements to improve efficiency, safety, Iow emissions and noise. Basically we feel we are using the state of the art back pack blowers currently on the market and available to the City. We try to use the best technology and information available on blowers and also continually train our employees on the proper methods of operating their blowers and being "good neighbors" such an example would be operating our blowers at "half throttle". A "good neighbor" uses this equipment only when necessary and needed and monitors when it should be used. In summary, the large amount of parks and landscaping in the City that we are responsible for maintaining and the high use of these areas by our citizens require our maintenance crews to be efficient in every way. Staff would not recommend the use of brooms because it is not cost effective nor efficient in our park operations as demonstrated in our survey of "Brooms versus Blowers". Industry standards and citizen expectations of properly maintained areas can best be met with the Back Pack Blower. BAKERSFIELD C~TY MANAGER'S OFF~CE MEMORANDUM January 10, 2002 TO: JOHN W. STINSON, ASSISTANT CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST III ~ ~ SUBJECT: LEAF BLOWER RESEARCH This memorandum encapsulates research relating to both sides of the leaf blower dialogue as requested by the Urban Development Committee at its meeting of December 3, 2001. The issues of air pollution, dust and noise are reviewed as well as others. The California Air Resources Board (CARB) focuses on standards for mobile sources and fuels. CARB instituted engine emission standards on leaf blowers in 1995 and added stricter standards in 2000. The standards relate to hydrocarbon plus oxides of nitrogen emissions. (The restrictions are attached.) CARB reports that manufacturers have developed several different methods to comply with certifying and producing engines that are below the regulated limits. Dust from leaf blowers is not monitored. The investigation and reduction of noise emissions is not part of CARB's authority or mission. PM10 and PM2.5 are specifically addressed through the state planning process as criteria air pollutants. There are no explicit federal, state, or local standards governing leaf blower fugitive dust emissions. Local air pollution control districts, such as the San Joaquin Valley Air Pollution Control District (SSJVAPCD), develop plans and implement control measures which primarily affect stationary sources such as factories and plants. They also conduct education and outreach programs (i.e., Spare the Air days). Some cities and counties deal with leaf blower issues at the noise/nuisance level. A City of Modesto survey which lists cities which have banned or restricted the use leaf blowers is attached. Types of Local Regulations. CARB reports that existing local restrictions on leaf blowers generally fall into four basic categories, with many cities employing a combination of approaches: 1) Time of day/day of week are the most common approaches and are used to control when leaf blowers can be operated. 2) Some cities regulate leaf blower use based on noise levels recorded at specified distances from the operator. 3) Some cities stipulate usage restrictions only in residential areas or within a certain distance of residential areas. 4) Cities sometimes couple area restrictions with user guidelines such as operator education on noise and environmental issues. John Wl Stinson, Assistant City Manager January 10, 2002 Leaf Blower Research Page 2 A question/answer page (pro and con) relating to air, dust and noise pollution issues raised in the leaf blower dialogue is attached. Further research on leaf blowers elicited the following information: Mufflers. While some leaf blowers come with or offer mufflers, CARB only monitors mufflers relative to backpressure or catalytic converter engine emissions and not as a noise or dust issue. Engine mufflers are not required. Air Districts. On checking with other air districts (South Coast Air Quality Management District, Sacramento Metropolitan Air Quality Management District, Bay Area Air Quality Management District), I found that while they had regulations on fugitive dust leaf blower dust was not addressed. Ms. Jackie Lourenco, Manager, Off Road Control Section of CARB indicated that she was unaware of any regional air district which had standards relating to the use of leaf blowers. Universities. An abundance of information on the leaf blower debate was available on the Internet, although little data, other than periodical, was available at the local library, the Cai State Bakersfield library, or the UCLA on-line library. Most periodical-related data related to the City of Los Angeles ban. One article mentioned a local Scarsdale, New York justice had overturned its leaf blower ban. Buyback Program. Regarding the SSJVAPD "buyback" program, the program relates to electric vs. gasoline-powered lawn mowers wherein individuals could exchange their gas-powered mowers for electric ones. The program is expected to be reinstituted in the upcoming year. Kelly Malay, SSJVAPD Air Quality Educator, indicated this program was feasible as alternative technology (i.e., electric vs. gas-powered lawn mowers) is available. (The City provided $5,000 toward the gas-powered lawn mower exchange program.) Alternatives to gas powered leaf blowers do not currently exist on a widespread basis. Electric leaf blowers are hindered by length of cord; battery-operated leaf blowers are heavy and not effective for long-term use. Contact Local Organizations. Contact with local Lung Association staff elicited information that the local Lung Association does not have an official stand regarding leaf blowers nor was staff aware of a position at the state level. A call to Project Clean Air elicited a return call from an individual who was unaware of an official stand regarding leaf blowers. When contacting Mr. Larry Jack of the Bakersfield Gardeners Association, he indicated that he felt an educational program was a good approach. There was a concern that non-licensed gardeners in the city caused many of the problems residents experienced and that new regulations would impact legitimate operators while not the others. Enforcement would be an issue. Articles. Attached is a selection of articles relating to the use or banning of leaf blowers. A complete copy of CARB's report to the Legislature is available upon request. Please let me know if you need anything further. (P:~JS\M0201101 -LeafBIowerResearch) Attachments Small Off-Road Engines (< 25 HP) Class !,11: HC+NOx/CO/PM in g/hp-hra Class Ill-V: HCINOxlCOIPM in glhp-hra '180 180 600 600 N/A N/A 120 120 v 4.0 4,0 300 300 + 30o 3So % II 10.0· 10.0 o 300 350 b 0.¢ a) lhe [xecutivo Officor may allow ~aseous4ueled (i.o., propane, natural ~as) engine families, that sat~s~ the requirements of the regulations, to ce~i[y to either the hydrocarbon plus oxides of nitro~en or hydrocarbon emission s~ndard, as ~ applicable, on tho basis of the nommethana hydrocarbon (~MHC) potion of the total hydrocargon emissions. ~ b) ~pplicable to all diosel-cycle engines. ~ c) ~n~ines used exclusively in snowthrowors and ice augers hoed not ce~i[y to or comply with the HC and ~0~ standards ~ the crankcaso requirements at the option o[ the manufacturor. ~ · ' Post-i~ Fax Note 7671 Date I ~ o~ ~ Ipages Small Off-Road Engines (< 25 HP), Continued HC+NOx/COIPM in g/hp-hr (gikW-hr)f'g ==~ .~;:i ;,.'.; ,;-;~'-~:i,i~l 54 (72)d . ' [EDPa] 12.0 (16..a)c 42.0 (16.1) ,:¥.%.. i~.'li' . il . i N/A N/A ; .... ":~'i¢'~'':¢*¥*'' 12.0 (16.1)* 12.0 (16.1) ...,~¢,,:?.:;.. 350 ~¢~l[~ii~;~ir ...... [EDpb] ..... Ii' 10.0 (13.9)c 9.0 (12.0) iI~ll~&~!~ ~.~,.:: .: 3§0 (467) 410 (§4¢) ~~!!?'; '"'::'"'": ..... , a) Standard includes a manufacturer specified durability period of 50/125/300 hours. . b) Standard includes a manufacturer specified durability period of 125/250/500 hours. c) No durability period required, d) PM standards, are applicable to two-stroke engines only. e) Refers to orientation (axis) of the crankshaft design when in Operation. f ) The Executive Officer may allow gaseous-fueled (i.e., propane, natural gas) engine families, that satisfy the requirements of the regulations, to certify to either the hydrocarbon plus oxides of nitrogen or hydrocarbon emission Standard, as applicable, on the basis of the non-methane hydrocarbon (NMHC) portion of the total hydrocarbon emissions. g) Engines use~ exclusively in snowthrowers and ice augers need not Certify to or comply with the HC and NOx standards or the crankcase requirements at the option of the manufacturer. City of Modesto Survey Results regarding Leaf Blower Bans/Restrictions Belvedere (1987) It shall be unlawful for any person within the city limits to operate any portable machine powered with a gasoline engine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other surfaces. Berkeley (1991) ...it shall be unlawful for any person, including any city employee, to operate any portable machine powered with a gasoline engine used to blow leaves, dirt, and other debris off sidewalks, driveways, lawns or other surfaces within thc City limits Beverly Hills (1976) It shall be unlawful for any person within thc City to use or operate any portable machine powered with a gasoline engine used to blow leaves, dirt, and other debris off sidewalks, driveways, lawns, or other surfaces. Carmel (1975) The operation of a combustion engine blower for the purpose of displacing, removing or blowing any materials from or about public or private property in a manner which allows the engine to be heard on ~ public property and causes the materials to be blown into the air in a manner which allows them to settle on public property or on private property not belonging to the same owner on which the blower is being operated is declared to be a public nuisance and unlawful. Claremont (1991) ...Whereas, the city council finds the operation of gasoline powered leaf blower use results in dust, engine emissions, and noise pollution...Whereas, the city council finds that gasoline powered leaf blowers exceed the noise standards as set forth in Chapter 5 of the Land Use and Development Code...Whereas, the Air Quality Management District (AQMD) in its twenty year Clean Air Plan recommends a ban on gasoline powered blowers...Now, therefore, the city council does ordain...Internal combustion engine (gasoline) powered leaf blowers shah be prohibited in the city after March 1, 1991...Use of any type of leaf blower on any city owned or maintained property is prohibited... Del Mar (total ban) It shall be unlawful for any person to use or operate within the City, any portable machine, powered with a gasoline engine or electric motor, to blow leaves, dirt and other debris off sidewalks, driveways, lawns, and other surfaces. City of Modesto Survey Results regarding Leaf Blower Bans/Restrictions Page 2 Hermosa Beach It is unlawful to use within the city limits or cause to be used electrical (total ban) or gasoline powered backpack/leafblowers, such as commonly used by gardeners, landscapers and other persons. Indian Wells (1990) Leaf blowers shall be prohibited in all zones within the City except: (i) individual property occupants may operate a single electrically powered leaf blower with use confined to his/her property; (ii) golf course operators may operate gasoline powered leaf blowers during the months of September 15th through December 1 st of each year. Lawndale (1997) (not yet obtained) Laguna Beach The use of electrical or gasoline powered blowers, such as commonly (total ban - 1993) used by gardeners and other persons for cleaning lawns, yards, driveways, gutters, and other property is prohibited at any time within the city limits. Los Altos (1991) ...it shall be unlawful for any person within the City to use or operate any portable machine powered with a gasoline engine used to blow leaves, dirt, and other debris off sidewalks, driveways, lawns, landscape areas or other surface. Los Angeles (1998) ...no gas powered blower shall be used within 500 feet of a residence at any time. Both the user of such a blower as well as the individual who contracted for the services of the u~er, if any, shall be subject to the requirements of and penalty provisions for this ordinance. Malibu ...the following acts and the causing or permitting thereof, are declared to be in violation of this Chapter:...Leaf Blowers. The use or operation of any portable machine powered with a combustion or gasoline engine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces. Menlo Park (1998/ Original ban overturned by referendum. Certified Leaf Blowers may be 1999) operated in the City Mondays through Fridays between the hours of 8 a.m. and 5 p.m. Certified Leaf Blowers may be operated by residents of the City on Saturdays between the hours of 11 a.m. and 3 p.m. to maintain their property. Operation of Certified Leaf Blowers in the City is prohibited on Sundays, observed Federal holidays as defined by the City and on "Spare the Air" days as declared by the Bay Area Air Quality Management District. City of Modesto Survey Results regarding Leaf Blower Bans/Restrictions Page 3 Mill Valley (1993) It shall be unlawful for any person to operate a gas-powered device to blow leaves, dirt or other debris off sidewalks, driveways, lawns or other surfaces within any area of the City. Piedmont (1990) It shall be unlawful for any person to operate a gasoline-powered device used to blow leaves, dirt or other debris off sidewalks, driveways, lawns or other surfaces within any area of the City except that gasoline-powered leaf blowers may be used by public agencies on publicly-owned or operated facilities. Santa Barbara (1997) It shall be unlawful for any person within the City to use or operate any portable machine powered with a gasoline engine, or gasoline powered generator, to blow leaves, dirt, and other debris off sidewalks, driveways, lawns, or other surfaces. Santa Monica No person shall operate any motorized leafblower within the City. (total ban) West Hollywood The purpose of this Ordinance is to prohibit the use and operation of (1986) gasoline powered leaf blowers in the City of West Hollywood. These devices, used to blow leaves, dirt and debris, create an excessive and unusual amount of noise, often operating at up to ninety decibels. The sustained operation of leaf blowers at this decibel level is literally deafening to persons who reside and work within earshot of the many gardeners and property owners who utilize the devices. The sound is extremely annoying and distracting and not only causes disturbance of those in the vicinity of users of leaf blowers but has the potential to cause hearing damage. In addition, leaf blowers tend to blow dirt, dust and other particulate matter in the air, thereby reducing the air quality in West Hollywood, aggravating persons with allergies and asthmatic conditions and depositing such debris on other public and private property. There are many alternate methods of disposing of leaves available to gardeners and property owners, including electric blowers, rakes, brooms, vacuums and water. The use of gasoline powered blowers is hereby declared to constitute a public nuisance by virtue of the detrimental effect such blowers have on the community and residents of West Hollywood. (P:~JS~LeafBlowerSurvey-Modesto) Questions/Answers (Pro and Con) in the Leaf Blower Ban Discussion Who will a leaf blower ban affect? In what manner? Pro: It will affect homeowners/renters who are aggravated by noisy machines of gardeners and inconsiderate practices they conduct by eliminating their ability to use leaf blowers and eliminating the source of aggravation. Con: It will increase the workload upon gardeners and times required to complete their gardening tasks by eliminating the use of the labor saving leaf blower and will impact the livelihood of gardeners who have purchased and use leaf blowers in their businesses. It will impact homeowners who have purchased and use leaf blowers in home gardening efforts. It will negatively impact professional gardeners who use environmentally friendly and courteous practices. Will it accomplish its goal? Pro: It will add to the quality of life through decreased air and dust as well as noise pollution. Eliminating leaf blowers which by nature move larger items such as leaves will reduce dust in the City's air quality and eliminate other hazards introduced into the air by the leaf blowers. Con: A ban on leaf blowers will eliminate leaf blower noise but not from other lawn gardening equipment such as lawn mowers, tree trimmers, hedgers, and other engine-related noises. No assessment is available relating to the creation of dust and dirt from rakes and brooms vs. leaf blowers. Is it cost effective? Pro: It will add to quality of life through decreased air, dust and noise pollution. Gardeners will spend/ waste less time on raking efforts than they currently spend on blowing leaves. Con: It will add increased costs in time and expense to those paying for gardening services in residential and in the larger commercial landscaping arena, including government entities. Estimated increases in times and costs--from 1:3 to 1:5. (Reference Parks information on raking vs. leaf blower clean up activities.) Should leaf blowers be restricted to certain times? Certain areas? Pro: Leaf blowers should be banned in all areas. The noise, pollutants, and annoyance cause disturbance and stress for everyone, including day time sleepers, small children, and those who are sick or work at home. Con: Restricting the use of leaf blowers to certain times will eliminate concerns relating to early, late night, or weekend annoyance. As the ambient noise in residential areas is lower than in commercial areas, eliminating or restricting leaf blowers in residential areas will effectively remove most sources of annoyance. What about enforcement? Pro: Eliminating leaf blowers completely will be easy to monitor, rather than basing restrictions on noise or distance levels. There would be no need to hire or train additional staff to enforce the ban. Con: Enforcement concerns come with any new regulation. Time and distance restrictions would be easier to enforce than noise levels which may require additional equipment or staff training. Priorities of response would be an issue. Ten Reasons to Ban Leaf Blowers Now! Page 1 of 1 Ten Reasons to Ban Leaf Blowers Now!!! · They Pollute. A gasoline-powered leaf blower generates as much tailpipe emissions in one hour as an automobile does over 350 miles. The difference is that a car emits all that pollution over a big stretch of road, while a leaf blower deposits it all in one back or front yard. · They Blow Dangerous chemicals Into Your Yard. Leaf blowers spread dust, dirt, animal droppings, herbicides and pesticides into your air, over your cars and into the windows of your home. · They Make Unbearable Noise. Blowers whine "like dental drills done beserk," said the Detroit Free-Press. Added the Christian Science Monitor: "Blowers blare and screech, kick up dirt and dust and accomplish nothing." · They Are Inneffective. Leaf blowers serve no other use than to move garbage onto neighbors' property (where other gardeners often blow them back.) People should not have to wash their cars, their windows and sweep their walks repeatedly simply because using a leaf blower is more convenient to their neighbor's gardener. · They Bother People. Night workers who sleep during the day, retired persons, students who need quiet time to write or study, pregnant and new mothers and people who telecommute all need to minimize the loud noises which increasingly assail them during the daytime hours. The current Manhattan Beach ordinance-where blowers are allowed from 9 a.m.-5 p.m. Monday through Friday- assumes that all of the above people don't exist. · They Seriously Harm the Lives of Gardeners. Cal OSHA allows only 20 minutes of aggregate daily exposure to a noise level over 100 decibels, while most gardeners run their blowers at 109, for most of the day. Clearly, most gardeners use leaf blowers far in excess of the level Cal OSHA recommends as safe to the operator. · They Damage the Environment. Gasoline leaf blowers-which have a muzzle velocity of 150 miles per hour or more-blow away topsoil and ground cover which, if left in place, would help soil to hold precious moisture and would minimize the number of times plants have to be watered. This is crucial, especially in drought years. · Alternate Equipment Exists. Gardeners could continue to use electric blowers if they do not wish to use rakes and brooms-which were sufficient prior to the invention of the leaf blower. Electric blowers weigh less, will cause less operator fatigue and do not pollute. The noise they produce is of a less offensive variety than gas blowers because it is steadier and does not rise and fall in pitch. · The Bans In Other Cities Work. City managers and attorneys in neighboring cities with bans in place say gardeners have stopped using leaf blowers in their cities, rates have not gone up and that life has been much more peaceful-and healthier ever since. · There is No Hard Data about adverse impacts in other cities. The standard refrain from gardeners is that they would have to increase their rates if they couldn't use their blowers. Yet there's no evidence of that happening in L.A. or any other cities that have banned blowers. And to those who say rates would go up without blowers, consider this: did these same gardeners lower their rates in the 1980s after they began using blowers? Return to Main Page http://pages.prodigy.com/leaf/ten.htm 1/4/2002 CLCA .- Page 1 of 5 Positions on Leaf Blowers · December 18, 2001 · · ..W...h_.a;t'..S.....Ne_~y Approved by the CLCA Board of Directors on March 25, 1999 · About CLCA ~> Partners For Success The California Landscape Contractors Association acknowledges and ~ Fact Sheet understands that public opposition to the use of gasoline-powered leaf blowers is based upon concerns about sound, dust, and air emissions. However, an outright · CLCA Membership ban of this valuable equipment would be the severest of all possible remedies and · .C.l,~,~_C...h.~p~.e.r..s one that would eliminate its many benefits. A ban should be a last resort and · The Trophy Awards enacted only after exhausting all other alternatives. · or...S._e rc.h · CLCA News It is CLCA's position that many such alternatives currently exist. They would · CLCA Store alleviate the public's concerns about gasoline-powered leaf blowers without · .l~e.~q~!.!;(~e....~[.n.ks.depriving the landscape maintenance contractor of this extremely efficient and safe tool. We wish to help find a solution to this issue that is fair and equitable to · Summer Family both the public and the leaf blower user. Therefore, we respectfully offer the ..E.~r.a~g.a.r!.~a~ following information for consideration. CLCA opposes across-the-board bans on · Annual Convention gasoline-powered leaf blowers, such as the Los Angles ordinance that prohibits their use within 500 feet ora residence. CLCA believes these bans are · H!ri.!~g.A...~i.q~o.~..e.d.unnecessary, bad public policy, and extremely harmful to the landscape industry. Landscape Contractor · .U.r!!!~.e..q~e.d..Qporgt .o_r.~ Leaf blowers are essentiai~or landscape maintenance professionals. This is · !.~.S.~!~.S. because these machines are very efficient tools for cleaning up leaves and other ,, W~.~r small debris from landscape sites. Since their development in the 1970s, leaf ,, geaf..B!...o_w.~r~ blowers to a large extent have supplanted brooms, hoses, and rakes. Leaf blowers even perform functions that no other tool can handle effectively, such as cleaning areas covered by~.rock, gravel, bark, or mulch -- with minimal Member Login: Leaf blowers save enormo,us amounts of time. Most landscape industry estimates I ......... suggest that it takes at leas~.t five times as long to clean a typical landscape site Password: with a broom and rake than it does with a power leaf blower. A similar estimate [ ................................................ was provided in 1994 by the City of San Luis Obispo for its parks and public buildings; the city's maintenance supervisors estimated that their crews would ~ take 50 hours to do work that took 10 hours with leaf blowers, and that much of the work would require the use of water. Some estimates substantially exceed the five times one rule-of-thumb: in a 1992 labor efficiency comparison report, the City of Whittier concluded that a job that took 2.25 labor hours with a backpack leaf blower took 76 labor hours with a hose and 282 with a broom! The bottom line is that without leaf blowers, public agencies and private owners would have to spend more time on Outdoor work or accept a lower level of upkeep. Time is money. CLCA members servicing landscape maintenance accounts estimate that their costs would increase an average of 20.7 percent if .they had to perform the same functions without the, leaf blower. This estimate comes from a survey that CLCA sent its members in late 1998. CLCA believes many clients can't afford or are not willing to pay for the additional costs of performing landscape maintenance without the leaf blower. In fact, CLCA members servicing landscape maintenance accounts believe they could pass along less than a third (31.6 percent) of their increased costs through increased landscape maintenance fees. This information also comes from CLCA's 1998 membership survey. http://www.clca.org/About_CLCA/jssues/Leaf_Blower, asp 12/18/2001 CLCA Page 2 of 5 Most clients would do one of the following in the case of a ban: (1) expect their landscape maintenance firm to provide the same standard of care as before without paying more money for the service, (2) allow their landscapes to deteriorate, (3) do the work themselves, or (4) flaunt the law by using leaf blowers or hiring gardeners willing to do so. The last option is a possibility because leaf blower bans have been difficult to enforce in municipalities that have passed an ordinance to date. That option would adversely affect our members because we play by the rules by the very nature of the way our businesses are organized. CLCA members are all state-licensed contractors. We have a license bond on file with the Contractors State License Board, and we pay workers' compensation as well as liability insurance. We deduct federal and state income taxes from Many of our members offer health insurance for employees and their families. Unfortunately, we compete against a vast underground economy of unlicensed operators that does not play by the rules. We believe these unlicensed operators would flaunt a leaf blower ban if given the chance, and consequently they would be able to underbid our members for landscape maintenance contracts. Legitimate landscape contractors could go out of business and their employees would lose good paying jobs. Most landscape maintenance clients are not rich. They are more likely to be middle income homeowners. Also, many are elderly and some are disabled. To ask these homeowners to pay more or do the work themselves is unrealistic and unfair. The leaf blower is an alternative to hosing down walks and driveways with water. Using water in this manner is unreasonable in drought-prone California. The reality is that people will always take the next easiest course of action when one course of action is closed to them. Hosing down walkways and driveways is much easier, quicker, and more efficient than broom cleaning those surfaces. Leaf blowers are no louder than many other types of power equipment. Some of the newer model leaf blowers are actually more quiet than many other types of lawn and garden power equipment. High decibel sound exposure can be severely damaging to hearing. The U.S. Department of Labor Occupational Safety & Health Administration (OSHA) requires a hearing protection program for employees when sound exposures equal or exceed an eight-hour, time-weighted average sound level of 85 decibels. CLCA members typically require their employees to use hearing protection whenever power equipment is used. Although OSHA's regulation should not be taken to imply that lower decibels are always safe, compare it with the sound from the more advanced leaf blowers. Most of the newer machines are rated at, or less than, 70 decibels at 50 feet at full throttle. And, unlike landscape maintenance personnel, who need hearing protection because of their long hours of exposure to sound coming from a machine a few feet away from their ears, residents and homeowners are exposed to leaf blower sound for only a few minutes a week at much greater distances. CLCA acknowledges that leaf blowers can be a nuisance. However, we believe the culprits are old technology and improper use. Both problems can be remedied by means other than indiscriminate bans. CLCA strongly encourages leaf blower manufacturers to place a high priority on sound reduction improvements. However, credit should go where credit is due. Today's leaf blowers are significantly more quiet than their predecessors of 10 years ago. Manufacturers have steadily reduced sound levels in response to customer need. As of January 1999 at least two manufacturers had introduced revolutionary leaf blowers that generate a mere 62 dBa at full throttle at fifty feet http ://www.clca. org/About_CLCA/_issues/Leaf_Blower.asp 12/18/2001 CLCA Page 3 of 5 from the source -- without sacrificing performance. Manufacturers can be expected to make future sound reduction improvements, if given the chance. CLCA believes that landscape maintenance professionals and homeowners should be informed about the sound levels of leaf blower equipment before purchase. We believe that most buyers, if properly informed, would opt for the most quiet equipment, all other factors being equal. Unfortunately, some manufacturers do not disclose this information. CLCA, therefore, would support a state mandate that required all manufacturers to test the sound levels of their gas- powered leaf blower models according to the provisions of the American National Standards Institute (ANSI) B 175.2 Standard for Hand-Held and Backpack Gasoline-Engine-Powered Blowers. We also would support a state law that required all equipment and packaging to be clearly and durably marked with the decibel rating. Although CLCA prefers other methods of dealing with leaf blower sound, our association does not oppose efforts to prohibit outmoded equipment -- as long as the standards are not unreasonable in light of the exiSting technology on the market. We suggest that efforts to prohibit outmoded equipment be accompanied by buy-back programs that permanently remove the equipment from service. At a minimum, bans on outmoded equipment should go into effect at least one year after a decision is made. This would give users crucial lead time to phase out their equipment. CLCA believes the vast majority of commercial operators use their leaf blowers responsibly. Nevertheless, we acknowledge that improper use is a problem. It is caused chiefly by lack of knowledge, but, regrettably, it is sometimes a result of lack of courtesy for others. Cities, municipalities, and the CLCA should partner together to educate the public as well as the landscape industry about proper use of leaf blower equipment. Educational programs should include the following information: Generally speaking, leaf blowers should be run at half throttle most of the time. Low throttle speeds not only significantly reduce sound, but they also provide the operator with maximum control. Full throttle is seldom necessary. Leaf blowers should not be used in residential areas at unreasonable hours -- early in the morning or late at night when people are likely to be disturbed. Debris should never be blown onto adjacent property, the street, vehicles, people, or pets. Crews should operate only one leaf blower at a time on small residential sites. Rakes or brooms should be used to loosen heavier debris. The full nozzle extension should be used so the air stream can work close to the ground. The muffler, air intakes, and air filters should be routinely checked to make sure they are working properly. Leaf blowers should not be used to move large debris piles from one spot to another. If conditions are very dry, mister attachments should be used. They suppress dust. http ://www. clca. org/About._CLCA/_issues/Leaf_B lower, asp 12/18/2001 CLCA Page 4 of 5 CLCA believes that informed citizens and landscape maintenance workers are likely to be more considerate. For the few bad apples who may lack common courtesy even with increased knowledge, city ordinances to require proper use under penalty of a steep fine may be necessary. CLCA does not oppose ordinances that mandate common sense rules of leaf blower courtesy. Nor would CLCA oppose an ordinance requiring a governor attachment to leaf blowers that limited their throttle speed in order to meet local dba requirements. Such an ordinance would address the sound problem from outmoded equipment without going so far as to remove that equipment from the market. On the negative side, however, this solution would prevent users from switching to a higher throttle speed on the few occasions when it may be appropriate to do so, such as when they are doing their work at a substantial distance away from other people. Electric-powered leaf blowers are not an acceptable substitute for gas-powered machines. Most landscape maintenance professionals estimate that electric leaf blowers reduce efficiency by 50 percent. They tend to be less powerful than gas leaf blowers, and they are limited by the need for an extension cord that must be continually plugged in and unplugged. In addition, they can be hazardous to operators. Swimming pools, spas, garden ponds, and moisture from landscape irrigation make for a potential electric shock problem. Finally, the heavier duty electric leaf blowers, which are comparable in power to gas leaf blowers, do not reduce sound that significantly. Plus, the electric leaf blower's sound is compounded by the noise produced by a generator if electrical outlets aren't available. According to the results of a survey sent to CLCA members in late 1998, more landscape contractors would resort to brooms and rakes than electric leaf blowers if they were prevented from using gas-powered equipment. As manufacturers have steadily lowered the decibel levels of leaf blowers in recent years, criticism of the machines has to some extent shifted away from sound and towards dust and air emissions concerns. As far as dust is concerned, it should be pointed out that brooms create dust too. So does the wind for that matter. Properly used leaf blowers do not raise inordinate amounts of dust. Rule 403 of the South Coast Air Quality Management District states that" a person shall not cause or allow the emissions of fugitive dust from any active operation, open storage pile, or disturbed surface area such that the presence of such dust remains visible in the atmosphere beyond the property line of the emission source." Blower users can and should follow this rule. The air emissions issue is a spurious issue when applied to local leaf blower regulations. In 1995 the California Air Resources Board (CARB) put in place Tier I Standards that by 1998 had reduced air emissions from two-stroke engines by 30 to 70 percent. CARB Tier II Standards, which go into place on January 1,2000, will cut emissions from handheld equipment by 74 percent by 2010. The Tier II Standards are stringent -- so stringent that many manufactures initially asserted they would be unable to meet them. Air pollution issues are being addressed, and should be addressed, by CARB, the federal Environmental Protection Agency (EPA), and the regional air quality districts -- not individual cities and counties. Moreover, the frequently used criticism that leaf blowers produce emissions greater than automobiles should be placed in proper perspective. Actual emissions from leaf blowers are few because of the equipment's intermittent use. For example, one year of volatile organic compound (VOC) emissions from automobiles compares to 21 years of emissions from portable lawn and garden products. Portable lawn and garden equipment contributes only 0.8 percent of all U.S. VOC emissions, 0.6 percent of carbon monoxide emissions, and no nitrogen oxide emissions. (This comparison comes from an analysis of EPA emissions inventory data prepared for the Portable Power Equipment Manufacturers http://www.clca, org/About_CLCA/_issues/Leaf_Blower.asp 12/18/2001 CLCA :' Page 5 of 5 Association by Heiden & ASsociates of Washington, DC.) CLCA members are always willing to work constructively with city, county, and state public officials to develop win-win solutions to this increasingly prominent issue. Back to Top http://www.clca, org/About__CLCA/jssues/Leaf_Blower, asp 12/18/2001 Residents and Landscapers Reach Compromise on Use of Leaf Blowers Page 1 of 2 searclubjects ~ RESIDENTS AND LANDSCAPERS REACH COMPROMISE ON USE OF LEAF BLOWERS A community program called "LINK," or Landscapers Involved with Neighborhoods and Kids, was unveiled in Abington Township, Montgomery County, promoting the use of gas-powered blowers at half throttle within 150 feet of homes. The program was prompted by several township residents concerned with the use of blowers and their associated noise, dust and odors who approached local landscapers to try to reach a mutually-acceptable solution. "Everyone knows the landscapers have a job to do and the challenge was trying to find some answer for this one piece of equipment that would allow them to continue to be cost-effective by not charging any more to customers while, at the same time, providing some relief in residential areas to those who are suffering," Abington resident George Wrigley said. "We think we have arrived at a simple idea that should really help a lot of people. We are hoping that the message spreads beyond Abington into other areas that are searching for a compromise on this issue." "By positioning the blowers lever at half throttle, it not only saves on wear and tear on the equipment, it keeps things more tolerable for us and the residents," Mel Bains of Bains Landscaping in Philadelphia said. "It's a matter of respect." Whenever the community and the private sector cooperate on a voluntary basis, it's a real win-win situation," Rep. Ellen Bard (R-Montgomery) said. , "Echo Incorporated, as the world's largest manufacturer of backpack and hand-held leaf blowers, is particularly pleased with the 'LINK' program," company spokesperson Robin Pendergrast said. Echo plans to promote "LINK" through its distributor that covers the territory including Abington. "LINK" also has received applause from DEP. "The department supports voluntary, pollution prevention efforts to reduce emissions from gasoline-powered equipment, especially during the summer ozone season," DEP Southeast Regional Air Quality Program Manager Francine Carlini said. The regional office was contacted by one of the residents to learn more about the environmental effects of gas-powered blowers during the ongoing discussions with the landscapers. The combustion of gasoline results in emissions of volatile organic compounds (VOCs) and nitrogen oxides (NOx), which react in the presence of heat and sunlight to form ground-level ozone. Southeast Pennsylvania has been designated by U.S. EPA as a severe nonattainment area for ground-level ozone, a lung irritant. Landscapers working in Abington who join the voluntary program are asked to send their name and address to "LINK," which sends them bumper stickers that show their crews are incorporating the 150-foot, half-throttle approach. The landscapers also receive a copy of the township's leaf collection schedule. http://www.dep.state.pa.us/dep/deputate/fieldops/se/air/LINK.htm 12/4/2001 Residents and Landscapers Reach Compromise on Use of Leaf Blowers Page 2 of 2 For more information, contact "LINK" at P.O. Box 1272, Fort Washington, PA 19034. October 1998 Return to Southeast Regional Office Homepage Contact the Webmaster http://www.dep.state.pa.us/dep/deputate/fieldops/se/air/LINK.htm 12/4/2001 MetroAetive News & Issues I Leaf Blowers Page 1 of 13 [ Metro Santa Cruz I MetroActive Central I Archives ] The Sound and the Fury Christopher Gardner Who'd have thought that 'leaf blowers' would become ground zero for a debate about the overarching issues of the day, including the environment, health, noise, sanity and class warfare? AS PETER GRAVES shuffles up to the witness table, people point and whisper. It really is him. He looks fit, dressed casually but tastefully in an olive long-sleeve shirt and chinos. He isn't as svelte as during his days on Mission Impossible, but he looks good for a 73 -year-old. http://www.metroactive.com/papers/cmzd 12.03.98~eaf-blowers-9848.html 12/4/2001 MetroActive News & Issues I Leaf Blowers Page 2 of 13 Questions race through my mind as I ponder the back of his trademark silver mop-top: Should I ask him for an autograph? Is that his r~al hair? And what the hell is Peter Graves doing here today, in Room 444 of the state Capitol, at an arid meeting of the Assembly Local Government Committee? Graves and his wife, Joan--a dainty woman dressed in perfectly matching red jacket and pumps and a pearl necklace, her age successfully hidden under layers of foundation and black hair dye--have flown up from Los Angeles to speak out against a bill threatening a new local ordinance the couple passionately supports. Leaning into the microphone, Graves delivers his message to a handful of legislators seated behind the dais: Home rule must remain supreme, he says. Just as Graves is about to excuse himself, baby-faced lawmaker Steve Baldwin interjects. "Mr. Graves," Baldwin ventures, "what if a city tried to ban the voting rights of African Americans?" In extreme situations like this, Baldwin continues, shouldn't the state intervene in local affairs? Graves pauses, appearing to give careful, almost academic consideration to Baldwin's question. "There may be some cases," he acknowledges at last, reluctantly, "but this isn't one of them. Your question to me seems esoteric." Having delivered this pronouncement, Graves' face looks flushed as he returns to his seat. His every step is followed by a chorus of stares-- not just the awestruck eyes of his fans, but also hard frowns of resentment. Two dozen or so immigrant Mexican laborers http://www.metroactive.com/papers/cruz/12.03.98/leaf-blowers-9848.hlxnl 12/4/2001 MetroActive News & Issues [ Leaf Blowers Page 3 of 13 in dirt-stained baseball caps sitting in the spectator seats couldn't look more disgusted. They have come from suburbs all over California to the capital to attend this hearing. One of them, I learn later, has even participated in a hunger strike to protest the ordinance that Graves and other members of the entertainment industry such as Tony Danza and Meredith Baxter have turned into a cause cdl~bre. By now it seems obvious that the issue being contemplated in Room 444 this July day must be of great import to have inspired such passion. The issue at hand: leaf blowers. Or, to be more precise, the city-by-city banning of noise-blasting gas-powered leaf blowers, and the desire of their fans to nip in the bud such municipal insurrections. Ever since they were introduced in the United States more than two decades ago, leaf blowers have inspired loud protests. But never has the rhetoric risen to these decibels. This isn't just about noise anymore. It's about race, class, the unemployment rate, civil fights, public health, the environment and the overarching human need of the late 20th century: sanity. Blow Your Mind THERE'S NEVER been much doubt that the high-pitched, whiny noise emitted by leaf blowers could transform otherwise sane, peace-loving people into borderline sociopaths. Just mention the name Myra Orta and landscapers roll their eyes and put on their ear protectors. Orta is known for her almost intuitive ability to scurry to the scene of any place where people are considering a ban, http://www.metroactive.conffpapers/cm~12.03.98/leaf-blowers-9848.html 12/4/2001 MetroActive News & Issues [ Leaf Blowers Page 4 of 13 ready to spew out facts and export the revolution. "I have to do this for my city, for my town, for mankind," she declares. And she is dead serious. About 10 years ago, the proliferation of leaf blowers in her Los Altos neighborhood "made working impossible" in her home office, she says. And so she took up a hobby of sorts: dissecting the intricacies of the leaf-blower debate--a debate which, as it tums out, is the perfect host for the broad spectrum of social and political viruses that plague our era. When leaf blowers were invented in Japan in the early 1970s and used as crop dusters, no one could have dreamed of their potential to blow normally calm suburbanites and lawmakers out of their minds. According to local agricultural tool dealer Don Howard, who owns Gardenland in Campbell, Californians discovered during the drought of the mid-1970s that the blowers were an effective, water-saving alternative to hoses-- what fastidious homeowners often used to clean their driveways and sidewalks. Leaf blowers have since made their way into the hands of not just professional landscapers in search of a time saver but also the spotless garage of Joe Tidy Guy, homeowner. Heck, for less than a hundred bucks, those little noisemakers could get stubborn leaves out of pristine Zen rock gardens. -.They could blow stinking gingko balls out of delicate flower beds with nary a bruised petal or broken stem. They could send unwanted dirt sky high! With no dead grass lying around; no bird feathers, no dead bugs, they could raise the bar on suburban lawn-grooming standards to an all- time Disneyland-level high. Santa Cruz City Councilmember Mike Rotkin http://www.metroactive.com/papers/cmz/12.03.98/leaf-blowers-9848.html 12/4/2001 MetroActive News & Issues [ Leaf Blowers Page 5 of 13 observes that leaf blowers have created an unrealistic standard for yard maintenance in which errant leaves are considered a black mark on the homeowner's neighborhood report card. "It's like cleaning house," he says. "You can never get a house totally clean. It can always be cleaner. Well, you can never totally clean your yard, either. When you did it with a rake or broom, there was a practical limit on how clean you could get it. Now with leaf blowers, people spend hours looking for perfection." Landscapers claim that it takes up to 50 percent longer to accomplish with a rake and broom what can be done with a leaf blower-- switching back would presumably increase the costs of the service and result in a loss of business. How eliminating a labor-saving device can result in the loss of jobs is a thorny question, even for leaf-blowing proponents. When testifying before the Assembly Local Government Committee, landscape contractor Barbara Alvarez accidentally conceded that she would have to hire more workers if blowers were banned. (She then awkwardly tried to correct herself, telling the committee she would have to charge more money, thereby losing customers and hiring fewer workers.) To blower haters, it's simple. "They have conned these gardeners into thinking that they need these machines," Orta says with exasperation. "They don't." Sound Barriers: The newer models of leaf blowers, according to manufacturers, are in the 65 decibel range from 50 feet away, although most older models are much louder. Christopher Gardner http://www.metroactive.com/papers/cmzJ 12.03.98/leaf-blowers-9848.html 12/4/2001 MetroActive News & Issues I Leaf Blowers Page 6 of 13 Passing Gas AND WHAT POLITICAL debate of the late 20th century would be complete without a mention of health and safety? Orta is first in line to point out that leaf blowers pose serious hazards to their users. The Occupational Safety and Health Administration considers noise above 85 decibels dangerous; leaf blowers register at 90 decibels and above. And even though manufacturers recommend wearing protection at all times, gardeners regularly work without protective headphones. Many also don't wear respiratory gear, an omission with significant health risks considering the machine stirs up dangerous dust, including airborne feces and allergens such as molds and pollens. "Blowers chum up clouds of fuel exhaust mixed with debris that should be left on the ground," argues Menlo Park ban supporter Cheryl Zaslawsky, "such as pesticides, animal droppings, bacteria, mold spores, brake dust and more." The American Lung Association recommends that passersby avoid blowers if possible, especially if they suffer fi.om respiratory problems. And on the far end of the alarmist spectrum comes this: Leaf blowers are killing babies. At least so claims an attorney for an anti-blower group in Los Angeles, arguing in a recent http://www.metroactive, com/papers/cruz/12.03.98/leaf-blowers-9848.html 12/4/2001 MetroActive News & Issues I Leaf Blowers Page 7 of 13 court briefi "Approximately 45 babies a year die from SIDS [Sudden Infant Death Syndrome] in Los Angeles. due to airborne particulate matter and manY of those deaths are attributed to dust from gas-powered leaf blowers." In addition to dust, the blowers emit other particulates. The lung association considers air pollution caused by leaf blowers an even more serious problem. According to Margaret Leathers, executive director of the association's local chapter, leaf blowers generate as much pollution in one hour as driving a car 100 miles. In the Bay Area alone, blowers account for 1.4 tons a day of smog- forming compounds and 15 tons of carbon monoxide. Don Howard of Gardenland counters that, according to data from the :Environmental Protection Agency, it would take 21 years' worth of using portable gas,powered lawn equipment to equal the amount of pollution caused by cars in one year. Different Strokes BY 1990, AS HOMEOWNERS and gardeners grew heady with the tool's "yer-outta-here" assault on small, unwanted particles of man and nature, leaf blowers were everywhere. That's when Orta and other homebodies in Los Altos went on the attack. "One day, they would come to the neighborhood and blow leaves from door to door, taking about 15 to 20 minutes at each house, four or five hours for the whole day," Orta recalls ruefully. "The next day, they would do the same thing on the other side of the street." The subject's "most foremost expert" loves to dazzle people by explaining why leaf blowers http ://www.metroactive.com/papers/cruz/12.03.98/leaf-blowers-9848 .html 12/4/2001 MetroActive News & Issues I Leaf Blowers Page 8 of 13 drive people crazy. It has to do with noise, of course. But it's not just the level of the noise, she emphasizes; it's the quality of the noise. While manufacturers like to point out that leaf blowers are about as loud as lawn mowers, Orta--with the backing of years of research-- explains that a mower is powered by a four- stroke engine and a leaf blower uses a two- stroke engine. So while a mower's motor delivers a continuous hum, a blower's motor screeches and whines, Orta says. Howard cautions that the two-stroke engine isn't what gives leaf blowers their peculiar sound: it's the fan and the air being sucked in that creates its annoying high-pitched whine. The newest models still have two-stroke engines, Howard reports, but they don't have the same annoying screech, thanks to redesigned fans and air-intake systems. Rotkin and others see a possible Compromise here, suggesting that one alternative is to wait out the problem by preparing a timetable for phasing out use of the older models. But few leaf-blower opponents are convinced that the redesign will make a difference. Sound experts have identified a quarter of the population that has an extreme sensitivity to high-pitched noise. In some individuals, sudden screeching noises, like the ones made by blowers, can trigger the nervous system's panic button. "The ear is exceedingly delicate," explains Dr. Robert Blum, a Menlo Park physician and anti-leaf blower advocate. "It evolved over hundreds of millions of years to warn us of encroaching danger. The rip of a gas [leaf- blower] engine induces a startle response if one is nearby. The instinct is fight or flight. However, even if one is at a distance, the varying whine is more distracting than the 'white noise' produced by a lawn mower." http ://www.metroactive.com/papers/cruz/12.03.98/leaf-blowers-9848.html 12/4/2001 MetroActive News & Issues I Leaf Blowers Page 9 of 13 However, "white noise" of a different kind is what many immigrant gardeners around the state complain is coloring the debate about a tool they say they need to do their jobs quickly and effectively. This Job Blows STOCKILY BUILT, with his long black hair gathered back into a pony tail, Latino activist Adrian Alvarez studies his surroundings with eyes blazing defiance. In January he took the extreme measure of holding a hunger strike on the steps of Los Angeles City Hall to get the attention of the City Council while members were in the process of severely restricting leaf blowers, thereby striking a blow for blower- wielders across the state. Gardeners had to hold a hunger strike, he argues, to get their point across to star-struck politicians. "One famous actor has a lot more clout than 1,000 hunger-striking gardeners," Alvarez says within earshot of ban proponents huddled outside Room 444. To Alvarez, rich Hollywood folk like Graves are hypocrites, complaining about leaf blowers while they drive in pollution-puff'rog diesel cars. Alvaro Huerta, the president of the new Association of Latino American Gardeners of Los Angeles, agrees with his comrade. "The people fighting leaf blowers," Huerta says, "99 percent of them are rich people. Some people who call themselves environmentalists have stock in Exxon and drive a Mercedes." Orta and other ban proponents such as Zaslawsky dismiss the whole race issue as a http ://www.metroactive.com/papers/cmzJ 12.03.98/leaf-blowers-9848.html 12/4/2001 MetroActive News & Issues I Leaf Blowers Page 10 of 13 red herring. "To win against the proposed ban," Zaslawsky argues, "the opposition needs to change the subject, because there's nothing they can say to defend the blower itself." Blower-haters suspect the aptly named Echo Inc., the country's leading leaf-blower manufacturer, of inciting hysteria among gardeners to protect its investment. Tensions between poor immigrant gardeners and wealthy, noise-hating suburbanites didn't boil to the surface until Los Angeles muzzled the machines last year at the urging of Hollywood celebrities. Coincidence? Myra Orta thinks not. "I wouldn't put it past [Echo lobbyist Robin] Pendergrast" to turn the debate into a Latino race issue. "It's a clever idea," she says. Such comments--suggesting gardeners are being used by leaf-blower manufacturers and vendors as a public relations ploy to disguise their more base profit motive--make Huerta's blood boil. "We feel those comments are racist," Huerta says, "because it implies gardeners aren't intelligent enough to organize themselves." Pendergrast, however, attributes the tensions sparked by the Los Angeles ordinance--which prohibits gas-powered leaf blowers within 500 feet of a residence--to the peculiarities of the situation there. "What made this ban unique," Pendergrast explains, "was that it happened in one of the largest U.S. cities, was backed by a minority of famous actors and actresses, but affected working-class minorities who operate small landscape and gardening businesses." Until Los Angeles exiled the ear-whackers last year, leaf-blower bans were generally conf'med to small, wealthy suburban towns like Cannel, Piedmont and Los Altos. http://www.metroactive.com/papers/cruz/12.03.98/leaf-blowers-9848.html 12/4/2001 MetroActive News & Issues [ Leaf Blowers Page 11 of 13 Political Windbags ECHO AND A VARIETY of landscaping organizations filed a lawsuit against the city over the ban, accusing it of illegally singling out the leaf blowers. Echo also found a friend in the Legislature, a state senator from Los Angeles named Richard Polanco, chair of the Latino Caucus. Polanco's buoyant personality--he literally walks with a bounce in his step--belies his reputation for ruthless race-baiting. (Polanco financed a campaign hit piece in the primary falsely linking Senate candidate Richard Katz, a Jew, with an incident in which security guards intimidated Latinos trying to vote at a Southern Califomia polling station.) Polanco told the Los Angeles Times that the blower issue appealed to him because the bans discriminate against poor, disorganized gardeners. "This is about the livelihoods of families," Polanco orates. "Gardeners need these tools." Polanco introduced SB 1651, a bill that would overturn leaf-blower bans throughout the state. When that bill died in committee, Polanco resorted to the Sacramento legislative tradition of hijacking. That's when lawmakers "gut" another bill and put in brand-new language. In this case, Polanco removed the old language in a stalled jury service bill and substituted his plan to hamstring the local bans. The new bill added something of a compromise: Cities could impose bans on blower models that emit noise above 65 decibels. It just so happened that at the time Echo was the only manufacturer claiming a "quiet" 65-decibel model. http://www.metroactive.com/pap~rs/emz/12.03.98/leaf-blowers-9848.html 12/4/2001 MetroActive News & Issues I Leaf Blowers Page 12 of 13 Soon after the new bill made its appearance, gardeners and landscapers began receiving information packets fi.om "Californians for Quality Neighborhoods" urging support for Polanco's plan. The return address--555 Capitol Mall, Suite 600--just happens to be the address of Stoorza, Ziegaus, Metzger and Hunt, a powerful PR firm in the capital that organizes what critics call "Astroturf coalitions," industry-supported committees posing as grass-roots organizations. The California Landscape Contractors Association was the key player behind "Californians for Quality Neighborhoods." The ploy, however, didn't work and the Legislature voted down the bill. Peter Graves and his movie-star pals prevailed. Meanwhile, industry-supported proletariat gardeners in Los Angeles are indulging in a clever form of civil disobedience. They are circumventing the limits on gas-powered blowers by converting their tools to use methane. But the suburban grass-roots revolt suffered a setback on Election Day when Menlo Park voters overturned a leaf-blower ban that had been in effect for only a few months. On a grander scale, the Tyson-Holyfield of leaf-blower fights will likely take place at the state level. With their noisy victory in Menlo Park, industry insiders are enjoying a second wind in their battle to ban bans. That jovial windbag Sen. Polanco promises to reintroduce another leaf-blower bill in the Legislature next year. Not to be outdone, Santa Cruz city burghers are threatening to weigh in. There is currently no city ordinance in Santa Cruz preventing or restricting the use of leaf blowers, but new http ://www.metroactive. com/p apers/cruz/12.03.98/leaf-blowers-9848.html12~4~2001 MetroActive News & Issues [ Leaf Blowers Page 13 of 13 Mayor Katherine Beiers declared her intention to take on the issue in her swearing-in speech Nov. 24. At its Oct. 20 meeting, the City Council gave staff the go-ahead to explore ways to restrict the use of the decibel-busting blowhards--in particular how the city noise ordinance might be used to regulate high-intensity, short- duration noise. "There was a general consensus on the council that leaf blowers are obnoxious, with sentiment ranging from a ban to regulation of hours, decibels and possibly areas of use," Rotkin says. "Some kind of regulation is de£mitely necessary, and within the next year I'm sure there will be. But I think it's imperative we gain input from people using these things to make a living." [ Santa Cruz I MetroActive Central I Archives ] From the December 3-9, 1998 issue of Metro Santa Cruz. http ://www.metroactive. eom/papers/cruz/12.03.98/leaf-blowers-9848.html 12/4/2001 Leaf Blowers Go Green Page 1 of 6 Please Take a Few Minutes and Visit "Our Favorite Gifts For DoltYourselfer's" Gifts Under _$!.0.., ;~.~0, _$..~4_0_, ;~_6..0, ~!_0_0..., and .._m__o_.r.p at Low, Low Prices! Enjoy a "Sneak Preview" as we fill "O_.P.[ H~.~dware..S. tp.r.e" with Over 100,000 Products Priced to Sell -for Immediate Delivery! No time to Do-It-Yourself? For a Qualified Local Expert, Click Here! T_0_01_s....!.r!d.e.x Leaf Blowers Go Green Free Quotes! Can the noisy, fuming leaf blower be civilized-- Can it meet PreScreened Contractors air-quality and noise standards-- Answer: A tentative yes us zip Code TO say leaf blowers have been controversial is an understatement. But like any ~ good argument, the one over leaf blowers contains some fascinating ironies. For one, . ...' they were introduced, in 1976, to address an drought in California. The City of Los Angeles--still an epicenter of leaf blower debate--mandated their use to prevent gardeners from using water to clean walks and driveways. But in a neat and hard-fought reversal in February of this year, Los Angeles made a U-turn. Technically, anyone there using a gas- powered backpack leaf blower within 500 feet of a neighboring residence is subject to a $270 fine. But the leaf blower debate encompasses another, compelling irony. Namely, these machines are frustratingly cost-effective. City maintenance crews, professional gardeners, and home owners have all defended blowers to protect their pocketboOks. We'd be the first to acknowledge the many sins of leaf blowers, especially when they are inconsiderately used. On the other hand, manufacturers are addressing the key problems of noise and pollution, which suggests these machines might soon be --civilized.-- Such newer, more respectible machines are the subject of this article. http://doityourself, eom/tools/leafblowersgogreen.htm 12/4/2001 Leaf Blowers Go Green Page 2 of 6 These are hand-held --blower-vacs,-- or blowers that work in reverse and suck leaves and debris into a bag that you carry to the compost pile. Further, these machines are quieter, especially the ones powered by electric motors. Hand-held blower-vacs are useful for a variety of tasks. Gathering and shredding leaves is one of the most obvious. Gardeners love the vacuum function for making mulch and compost out of grass and leaves. Used this way, blower-vacs can reduce 16 bags of loosely packed leaves to one mulched blower bag. ~: Blower-vacs are particularly useful for clearing out leaves and debris when space is restricted, such as inside basement window wells and around tightly packed plantings. With a special extension attachment, they are also handy for --sweeping-- out gutters, garages, and carports, not to mention cleaning driveways or decks before sealing them. They're also used to sweep pool decks and even dry off cars and their engines after a wash. The Big Problems: Noise and Pollution DoltYourself Measuring noise is problematical because sound-measuring devices can't account for the total effect of a sound on our nerves. The small two-stroke engines that power blower-vacs usually take most of the blame for the irritating racket they make. But it turns out that the blowers-- distinctively shrill whine is largely due to the fan--s sucking air through a small tube. Sound levels are reported using the method established by the American National Standards Institute and known as ANSI B175.2. It measures sound in decibels at 50 feet. But for a real-world test, ask your dealer to start up two or three competitive models with similar noise ratings. You may notice a distinct difference among otherwise similar blowers. Two-stroke engines are powerful for their weight and inexpensive to manufacture, but these advantages are also disadvantages: They are inherently dirtier and noisier. Manufacturers such as Echo utilize unique sound attenuation technology for the PB-46LN. Others have designed larger mufflers, rubber-isolated engine mounts, and spring-mounted handles. Some, like Husqvarna with its E-Tech engine, have developed Iow-smoke oil and redesigned the combustion chamber and muffler in order to reduce emissions. Both Honda and Ryobi have designed smaller, quieter, and less polluting four-stroke engines that will soon serve to power blower-vacs. Measure the oil-gas mixture for two-stroke engines accurately. Too much oil produces excess smoke and reduces engine life. (Most http://doityourself, eom/tools/leafblowersgogreen.htm 12/4/2001 Leaf Blowers Go Green Page 3 of 6 manufacturers offer handy, pre-measured bottles of oil that can be mixed into 1- or 2-gallon containers of gasoline.) Electric blower-vacs. In response to the backlash against gas-powered blower-vacs, corded electric models are now more powerful than ever, some of them even surpassing their gas-powered brethren, and with less weight. The biggest drawback to these units is that you're limited to 100 feet from any outlet, or the motor can be damaged. A few cordless battery-powered blower-only models are also available, but they tend to be heavy and have limited run times. Blower Etiquette and Safety Whether they're gas or electric, use blower-vacs considerately and responsibly. Naturally, it is important to comply with any local ordinances or regulations that affect blowers or power equipment. If blower-vac use is not regulated in your area, consider following the typical guidelines of operating them only between 9 A.M. and 5 P.M. weekdays and Saturday. Also remember to minimize the high-pitched whine by using lower throttle speeds. For safety--s sake always wear eye protection and ear protection. Never point a blower-vac toward a pet or another person, and don't operate them at all until bystanders and especially children are clear. Buyer--s Guide All hand-held blowers consist of a small gasoline-powered engine (usually two-stroke) or electric motor connected to a plastic fan that pulls in outside air and forces it through a small-diameter tube at high velocities. This velocity is measured two ways: in cubic feet per minute (cfm) and miles per hour (mph). Cfms can be measured at different points resulting in different numbers. (In the listing of various blower- vacs below, the cfms are measured conservatively in the --pipe, .... tube,-- or --blow-mode.--) Some fans are side-mounted, but on most newer models they are bottom-mounted, a design feature that makes for an easier-handling machine because there's no twisting action caused by the spinning fan. Manufacturers of blower-vacs are highly competitive and tend to make inflated claims about power and reduction ratio. For most tasks, a 150- mph air velocity will serve your needs. Except for comparison purposes, this measure is meaningless by itself. A blower--s nozzle opening could be reduced to the size of a straw and conceivably blow at 275 mph-- good for cleaning out a computer keyboard, but because of the high pressure, it would perform poorly for blowing leaves. What is more significant is how much air the unit is moving, in cubic http://doityourself, eom/tools/leafblowersgogreen.htm 12/4/2001 Leaf Blowers Go Green Page 4 of 6 feet per minute. A blower capable of 250 cfm or more (in the --pipe-- or blow mode) is a powerful blower. A reduction ratio of leaves to mulch of at least 10:1 is respectable, but you'll probably need to use the unit in the vacuum mode and see for yourself if the amount of reduction suits your needs. Remember, most of these units are designed to mulch only leaves and grass, not small twigs and branches. Quieter, cleaner blower-vats *Electric Blower-Vacs Black & Decker: The Super Vac --N Mulch is available in two models, the BV1000 ($70), which includes a collection bag, and the BV2000 ($80), which collects leaves in the container of your choice. Both feature a 10:1 reduction ratio and five-bladed fan designed to reduce clogging. Both produce 68 dBA, and both are rated cfm/mph: 480/190. For information: (800) 544-6986, or www.blackanddecker.com. Ryobi: The RESV1300 Mulchinator Vac includes the unique ability to easily switch between blower and vacuum modes by simply moving a control lever. Vacuum and blower tubes are permanently attached. Sound level not available. Rated cfm/mph: 350/150. Price: $90. For more information: (800) 345-8746, or www.ryobi.com. Toro: The QuieTech Superblower Vac is poWerful for an electric blower model yet boasts a 10:1 reduction ratio and a noise level of 63 dBA. The leaf bag conveniently empties from the bottom instead of the side. Rated cfrn/mph: 270/195. Price: $70. For information: (800) 237-2654, or www.toro.com. Weed Eater: All Weed Eater blower-vacs capable of 16:1 reduction ratio carry the name --Barracuda.-- Both electric and gas models are available (see below). The two electric Barracudas are models 2595 ($50) and 2570 ($40). They differ only in that the former includes the vacuum accessories; none are dBA rated. Rated cfm/mph: 405/195. For information: (800) 554-6723, or www.we'edeater.com. Gas-Powered Blower-Vacs Echo: Perhaps the quietest gas blower, the Echo PB-46LN Quiet 1 produces only 65 dBA in the blower mode. Rated cfrn/mph: 370/180. Price: $480, including vacuum attachment. Also see Shred --N-- Vac models ES-2100 and ES-2400. Both feature a four-bladed metal shredding blade, a 12:1 reduction ratio, and.a 2-bushel bag. The 2100 is rated 300 cfm and 135 mph; the 2400 is 315 and 140. Both produce 70 dBA. Prices are $200 and $250 respectively. For information: (800) 432-3246, or www. imeinc.com/clients/default, htm. Homelite: The Vac Attack features an anti-vibration handle and is rated http://doityourself, com/tools/leafblowersgogreen.htm 12/4/2001 Leaf Blowers Go Green Page 5 of 6 at 70 dBA. It weighs only 10.9 pounds in the vacuum mode and has a 12:1 reduction ratio. A gutter-cleaning attachment is available. Rated cfrn/mph: 360/160. Price: $137. For information: (800) 242-4672. Husqvarna: Model 225HBV is designed for heavy-duty use and uses an automotive-type catalytic muffler to reduce emissions and noise. Sound level is 74.8 dBA. It also features an anti-vibration system that uses springs to isolate the engine from the handles. The optional vacuum kit uses steel blades in the fan and has a 16:1 reduction ratio. Rated cfm/mph: 392/128. Price: $255, including vacuum kit. For information: (800) 487-5962, or www.husqvarna.com. " John deere: The lightweight BH30 features a translucent fuel tank to allow easier and safer refueling, and a six-position throttle lever. Sound level is 69 dBA. Rated cfm/mph: 450/180. Price: $216, including vacuum attachment. For information: (888) 669-7767, or www.deere.com. Mantis: Model BSV boasts a 12:1 reduction ratio, thanks in part to its four-bladed metal shredding blade. Two-bushel-capacity bag is standard. Sound level is 69 dBA in the blower mode. Rated cfm/mph: 350/130. Price: $250. For information: (800),.366-6268, or www. mantisgardentools.com. Weed Eater: The quietest (dBA not available) and cleanest gas blower- vac from Weed Eater is the BV2000, which also carries the Barracuda name and is capable of the same 16:1 volume reduction as electric models. Gutter-cleaning attachments are available. Rated cfrn/mph: 400/200. Price: $120. For information: (800):':554-6723, or ~.~e...~.d....e._a..~.r..,..~.0...~.,. Copyright 2000, National Gardening Association. Ai~i ~<:' rights reserved. ~ ~i~.~. ~ P.-o...o.!t_h_a¥~...t im~...t_.o._d...o_i_t_y_o_ur~.e!f?..~ !i~kh_e. re_t_o_r~.c..e_i~e_up.tq. four Free estimates from prescreened and insured contractors. Want to Save 20% and Uore on your Auto and Home Owner¢ !..n.spr~n_c_e?. C!ick. Here..f<~r...aqu~.ckqu<~te.! 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You may freely link to this site. Please visit our affiliates [[pp~qly!qp,Cq.~ the ead ng consumer law site, and the ~:~p.[~!py!~pg~.~n! awyer d rectory DoltYourself. com is Proud to be #1 according to IMP°P I "The World's Most Visited Home Building and Home Decorating Site" http://doityourself, com/tools/lcafblowersgogreen.htm 12/4/2001 Lawn & Landscape Magazine >> News >> California Leaf Blower Battles Continue Page 1 of 2 t ~i~:.~.~, ..... ~ . ~ I ~ Advertise ~ Contact Us ~ Feedback ~ Newsletter . Site Map ~' i Subscript'ons Tuesday, December 4, 2001 California Leaf Blower Battles Continue 8/1~2~0 SACRAMENTO, Calif. - Legislation aimed at minimizing Californi~s leaf blower bans suffered a minor setback statewide, while one ci~ made a step towardsI improved blower ordinances. STATEWIDE BLOWER BILL DEFEATED. Proposed leaf blower legislation, Assembly Bill 1609, to develop a standard for ci~ and coun~ blower bans was defeated in a close vote by the California LegislatUres Senate Environmental Quality Commi~ee in July. The bill, proposed by the California ~ndscape Contractors Association (CLCA) and authored by Assemblyman Tony Cardenas (D-Sylmar), would have prevented cities and counties from banning leaf blowers with a noise level standard of 65 decibels or less at 50 feet. Barbara AIvarez of Golden State Landsmping Inc., San Dimes, testified on behalf of the bill for CLCA. Alvarez is co-chair of the associations Legislation CommiEee and president of the Los Angeles/San Gabriel Chapter. Iffi~ I~S The following California state senators voted for the bill: Richard Alarcon (D- lO,son Irr. Sylmar), Bruce McPherson (R-Santa Cruz), Richard Rainey (R-Walnut Creek) and Hilda Soils (D-Del Monte). The following California state senators voted against the bill: Dede Alpe~ (D- Coronado), Wesley Chesbro (D-Arcata), Jack ~Connell (D-San Luis Obispo), Q: Do you give h, ~nuses? Byron Sher (D-Palo Alto) and Cathie Wright (R-Simi Valley). ~ Yes, b~ R's r State Senator Tom Hayden (D-Los Angeles) abstained, rash ~ Yes, eve~on ge~ the sam The Environmental Quali~ CommiEee did grant the bill "reconsideration," which amora of means that Cardenas may bring the bill back to the ~mmiEee for another vote. ~ Yes, amount That action must happen soon for the bill to be reconsidered, as Aug. 31 is the received is deadline for the Legislature to pass all bills that were introduced last year and on pedo~ar this year. · is year bec times are tou PALO ALTO IMPROVES LEAF BLOWER ORDINANCE. Meanwhile, the ~ No. i'm a scr, California ci~ of Palo Alto eAended the timeline for a previous decision to ban ....................................... fuel-powered blowers in the ci~ by neA July. The effoAs of CLC~s San ~ew Results http://www.lawnandlandscape.com/news/news.asp?ID=293 &SubCatlD= 107&CatlD=20 12/4/2001 Lawn & Landscape Magazine ~ News ~ California Leaf Blower Battles Continue Page 2 of 2 Francisco Bay Area Chapter helped convince the city to extend the date until July 2002 and allow for limited non-residential uses of fuel-powered blowers. Select a language Earlier this year the Palo Alto City Council voted to ban the use of fuel-powered ~Spanish blowers throughout the city by July 1, 2001. Prior to the ruling, the SFBA Chapter and the Bay Area Gardeners Association had been working with city officials in hopes of getting a more reasonable ordinance. Following the initial ruling, the two local organizations continued to push for a better ordinance. In particular, CLCA member Frank Manocchio of Land Escapes, Redwood City, kept the pressure on. He wrote a three-page letter to the city council that refuted arguments made by anti-blower activists. Two months after the vote to ban fuel-powered blowers city council revisited the issue and extended the grace period for use until July 1, 2002. The extension was granted to give manufacturers more time to develop quieter machines. The understanding is that if manufacturers do develop quieter blowers, the ban could be lifted. According to the new ordinance, the maximum allowable noise emission from all blowers as of January 2001 will be 65 decibels at 50 feet. Come July 2002, all fuel-powered blowers will be prohibited in residential areas. In non-residential areas, those blowers would be allowed during specified hours Monday through Saturday. Local landscape contractors and gardeners are now working with city officials on an education program for commercial users who will be required to undergo city-approved training on the proper use of the equipment. Article adapted from and reprinted with permission from the California Landscape Contractors Association's monthly newsletter, "The Cutting Edge." For more information about CLCA, visit the organization's web site at ~,..c_!p.a..... p.l'g. Monday, August 14, 2000 Comments... Hpmp I M..qg~i. np I My__Lq..w.p.~__La.n..d_s.c_a~ I S_t_o.;e. Mes_~_.~_ge..B_._oa_rd Business Tools - MSDS Labels - Events - Resear(;h - Training - Business Card_s - Industry Links - Associations - Legislation © 1997-2001, GIE Media, Inc. All dghts reserved. http://www.lawnandlandscape.com/news/news.asp?ID=293&SubCatiD=lO7&CatiD=20 12/4/2001 Lawn & Landscape Magazine >> News >) Palo Alto Regulates Blowers Page 1 of 2 Advertise · Contact Us ~ Feedback ~ Newsletter · Site Map Tuesday, December 4, 2001 Subscriptions ~i IEntire Site ~ ~ Pale Alto Regulates Blowers By CLCA 1/29/2001 California Landscape Contractors Association (CLCA) and other green industry groups, the city of Pale Alto has implemented a new leaf blower ordinance this I ~eo~ of month. I ~.a:,~e~e~ As of Jan. 1, 2001, all commercial gardeners must be certified by the Pale Alto Police Department to operate any type of leaf blower. In a letter to Palo Alto ~,~a ~.~, residents posted on the city's web site at www. city.palo- ~ alto.ca.us/press/20001212.htm, Assistant Police Chief Lynne Johnson ~ explained that the local police staff and representatives of the Bay Area Gardeners' Association (BAGA) have been training, testing and certifying commercial gardeners during the last Several months. ~.'~ ..... . "Gardeners have been told that they Can expect citations to be issued if they are found in violation of the ordinance," said Johnson. Blowers may be used in the city from 9 a.m. to 5 p.m., Monday through Friday iVisua~ ~mpact and from 10 a.m. to 4 p.m. on Saturday. The use of any type of leaf blower by anyone, including residents, will be prohibited Sundays and holidays. The only ~ exception allowed in the ordinance for the above hours of operation are city crews who are cleaning the municipal golf course, city parks, parking lots and business districts. Q: Do you give h, bonuses? Additionally, any leaf blower not rated at 65 dBA may not be used by any ~ Yes, but it's r person, including residents. Blowers must have certificates indicating their dBA cash rating. A list of leaf blowers that will meet this standard appears below. Police C~ Yes, everyon staff will not be taking sound meter readings, but will be checking to determine gets the sam amount of ca whether the blower is on the approved list. ~ Yes. amount received is b List of approved blowers: on performar ~ Usually, but ~ this year bec · Black and Decker BV2500 (blower/vacuum) times are tou · Solo Model 470 Air Blower ~ No, ~'m a scr, · Craftsman Model 71796901 http://www.lawnandlandscape.com/news/news.asp?ID=458&SubCatID=lO7&CatID=20 12/4/2001 Lawn & Landscape Magazine >> News >~ Palo Alto Regulates Blowers Page 2 of 2 · Echo PB 461LN ~ · Echo PB 261L Select a language · Echo PB 231LN ~!.s,,.h,, ...................... i · Stihl BGE 60 (electric) t · Stihl BGE 45 ~~ · Maruyama or Toro BP 6900 Article originally appeared in the January 2000 is.sue of the California Landscape Contractors Association's (CLCA) monthly newsletter, The Cutting Edge, and is reprinted with permission from CLCA - www.clca.org. Monday, January 29, 2001 _C.._o_~.m.....e_!~,~,_ Home I Magazin~e I My Lawn & Landscape I _Store I Message Board Business Tools - MSD$ Label _s - ~ - Research - Training - Business Cards - Industry_ Links - Associations - Legislation © 1997-2001, GIE Media, Inc. All rights reserved. Privacy P01ic~A_nd Term_s__and Cond t OhS http://www.lawnandlandscape.com/news/news.asp?ID=458&SubCatlD=lO7&CatlD=20 12/4/2001 Channel 2000 - Green Thumbs File Leaf Blower Lawsuit Page 1 of 2 ~_~ cARE~ERCENTER AUTOHOTIVE I TRAVEL I SHOPPTNG I YELLOW PAGES I REAL ESTATE '~:'~' ~ :~:~i~ '~i: :: !Sk Nolhtn9. No Cost or Otbttgaflml SEARCH ENAIL HOKE SITE HAP ..... : SPONS rE, liP E-MAIL STOliY TO A mE~I CBS 2 News Team Special Assignment Green Thumbs File Leaf Blower Lawsuit Your News E-Hail Alerts Digital Daily Health Gardeners Sue City of Los Angeles Over Ban on Devices Business News News Tips Haps & Directions news LOS ANGELES, Posted 9:40 ~ H 0 R E Z n " :Get Holiday R p.m. October 2, 1997 -- A ::.. :Decora_ting Til gardeners group is suing the~.. Get Ahead A~t_ weather city of Los Ang_eJe~s, hoping:to Inside entertainment overturn an ordinance b~g [] Career holidays gas-powered leaf blowers. ' [] Automo sports people's poll The 2,300 member group, ~ [] Real Esl cbs2 on TV Latin American Gardeners,:i~ [] Legal Ct what's on claims its members cannot do ... [] Travel Getawa cbs2 news their jobs because they will lose business if they give up the noisy team but time-saving devices. talk to 2 The Los Angeles Superior Court suit claims the city is discriminating against them by singling out the leaf blowers, while more inside allowing lawnmowers and other noisy garden equipment. technology money The leaf blower ban was adopted by the City Council in July, after health nearly a year of debate on the subject. But shortly after it went into travel effect, it was put on hold. Repeat violators could have faced stiff traffic fines up to $1,000. career center education The gardeners want the city to reinstate the use of leaf blowers -- or live cams pay them for business losses. services real estate From our Archives: city guides · July 16, 1997: Council Blows Off Leaf Blower Ban for Now · July 1, 1997: Gardeners Protest Leaf-blower Law http://www.channe12000.com/news/stories/news-971002-232924.html 12/4/2001 Channel 2000 - Green Thumbs File Leaf Blower Lawsuit Page 2 of 2 Copyright 1997, The Associated Press daily extras Cruise Drops Suit Over Alleged Gay Video Debt: Hazardous To Your Health? Study: Pa_rents_ Can Help Prevent Teen__Smoking 'Potter' Still Flyin_ci High At Box Officp- Girl _S_couts Work To_ Close Tech Gender Gap Reserve Your Com~li~ R~n~nent Sari,fl, ~ :~,:~:. ~:.: ~See our p~va_vggyA~_ol~ic~y, terms of use, ad rate_s and legal notices. Voted best news site in California and Nevada by the Associated Press Television and Radio Association. Entire Site © 2001, !nternet Br~o~dcasting Systems_,~Inc.. http://www.channe12000.com/news/stories/news-971002-232924.html 12/4/2001 Channel 2000 - Gardeners Vow to Continue Hunger Strike Page 1 of 3 Initial Comm~Tod~fl , P,e(immentS~dngs SEARCH EHAIL HONE SITE HAP :i':! S P 0 N CBS 2 News Team I'~[P EJIAILSTORYTG AI~II~H~I Special Assignment Gardeners Vow to Continue Hunger Strike Ich°°se Your News E-Hail .................................. Alerts Digital Daily Health They're Hoping Mayor Riordan Will Reject Leaf Blower Business News, Ban News Tips Haps & Directions HeRE ZN news ~_ 3et Holiday~ LOS ANGELES, Posted _. I~ =========================== '::ii?i:? Decoratln~q~!l ~Get Ahead At 6:30 a.m. January 07, 199~ - F, Inside Lil weather - A dozen Los Angeles entertainment gardeners protesting a [] Career holidays citywidc ban on gas-powered [] Automo sports leaf blowers in residential ! people's poll areas are now in their fifth !ay ~ [] Ream Esl cbs2 on TV without food. [] Legal C~ what's on cbs2 news The gardeners arc vowing t° continue their hunger strike [] Travel Getawa' team indefinitely, hoping to convince Mayor Richard Riordan to reject the talk to 2 ban. Riordan has 10 days to sign or reject a revised ordinance passed by more inside the City Council Tuesday, reports CBS 2 News. technology money "He didn't promise anythin~:'(at a'recent meeting with gardeners), but health he empathizes with their situation," said Riordan spokeswoman travel traffic Noelia Rodriguez, according to The Associated Press. career center education 200 gardeners jammed the live cams chamber (pictured) and services hundreds more awaited word real estate the council voted 9-6 city guides favor of new guidelines to the 13-month-old that forbids the use blowers within feet of a home, said AP. http://www.channe12000.com/news/stories/news-980107-083033.html 12/4/2001 Channel 2000 - Gardeners Vow to Continue Hunger Strike Page 2 of 3 The new rules reduced the punishment for violators to a $100 fine and $170 in court assessments, said AP. Enforcement was delayed on the previous laws, which would have fined those used the blower or hired someone who used it up to $1,000 and sentenced them to a six- month jail term. Under the new guidelines, neighbors who hear the machines can call police and/or make citizen arrests. A dozen members of the Association of Latin American Gardeners who began a liquids-only, r0und-the-cloek fast on the City Hall lawn Saturday were feeling drowsy and suffering from headaches and nausea, said Alvaro Huerta, a spokeswoman for the gardeners, reports AP. They would like leaf blowers restricted rather than completely barred. Without the efficient tool, they say they will be able to perform less work and could be forced into poverty. (Hear the gardeners protest) "We intend on continuing the hunger strike even if we are to die, because we want the world to know that here in this hall justice and democracy the common people, the taxpayers, the hard-working immigrant has no representation," Adrian Alvarez, a gardeners' spokesman, told the council, said AP. Homeowners complain that the devices are noisy and kick up dust and debris, said AP. The council did agree to a proposal by Ruth Galanter to ask the Department of Water and Power to examine whether it could help ease the costs for gardeners to switch from gas-powered to electric blowers, said AP. The law was passed in 1996 but placed on hold while authorities looked into how it should be enforced, said AP. Councilwoman Jackie Goldberg, who voted for the ordinance but said she was sympathetic to the gardeners, said manufacturers should be duty- bound to come up with a quieter, more environmentally appropriate blower. "If we can put a rocket on the moon, a rover on Mars, for God's sake, you can have a leaf blower that doesn't harm the environment," she said, reports AP. Talk Back: http://www, channe12000.com/news/stories/news-980107-083033.html 12/4/2001 Channel 2000 - Gardeners Vow to Continue Hunger Strike Page 3 of 3 · Tell us what you think: Should Gas-powered Leaf Blowers be Banned? From our archives: · Jan. 06, 1998: Ci~_tmc~il Approves Blower Ban · Jan. 06: Blower Ban Hunger Strike Continues · Jan. 05: L.A. Gardeners Stage Hunger Strike · Jan. 04: Leafblower Ban Leads to Hunger Strike · Dec. 17, 1997: City Upholds Leaf Blower Ban · Oct. 02: Green Thumbs File Leaf Blower Lawsuit · July 16: Council Blows Off Leaf Blower Ban for Now · July 01: ~!~?r. ot~.~.~...L.~.afrb!~.~rJ~o~ More information: · The Christian Science Monitor published an articled called, "Can you mm down that leaf blower?" Jenni Taylor_, Channel 2000 Staff Writer daily extras Cruise Drops Suit Over Alleped Gay Video Debt: Hazardous To Your Health? Study: Parents Can Help Prevent Teen Smokin~ 'Potter' Still Flyinq_ High At Box OfficA Girl Scouts Work To Close Tech Gender Gap :' Gift Holiday Holiday u i~rivacy ~olicy, terms of use, ad rates and legal notices. Voted best news site in California and Nevada by the Associated Press Television and Radio Association. Entire Site © 2001, ~l_n..t_ernet Broadcast_~g.S2~ms~Inc.. http://www, channe12000.com/news/stories/news_980107-083033.html 12/4/2001 Channel 2000 · Gardeners Protest Leaf-blower Law Page 1 of 2 SEARCH ENAIt HOHE SITE HAP Save mm I~:~ E-MAB. S, ro~To A mE~o:t on travel CBS 2 News Team Special Gardeners Protest Leaf-blower Law Your ~ews E-Mail Ale~ Digital Daily ~ea~th LOS ~GELES, Posted ? ausiness aews 5:15 p.m. July 1, 1997 -- News lips Maps & Oire~ions H~eds ofg~d~s ~ORE ~a news descend~ on CiW Hall to ,Oet .o~id~y ~ protest ~ ord~ce ~at went ~?:~oratlng Til into effect today ~d b~s ~e ~Get Ah~d At weather use of gas-pow~ed leaf Inside ente~ainment blow.s ov~ 45 decibels, _ ~ Career holidays r~o~ed CBS 2 News. ~ Automo people's poll ~ Association ofLa~ ~c~ G~deners of Los ~geles ~ eea~ cbs~ on ~ spokesm~ cfll~ for a on~Ye~ moratofim on ~e law, p~ding a ~ [eaa~ c, what's on study, r~o~ed CiW News Se~ce. ~.. ~ Travel Geta~a' CbS2 news .:. team "~e econo~c impact Mll be severe," Association spokesm~ talk to l A~ Alv~ez s~d, r~o~ CNS. "~s is a work day ~d ~e g~den~s ... me ~eady los~g a day's wage." ~:. more in.de CBS 2 News r~o~ed ~at ~e g~den~s fe~ ~at ~eir income could technology be cut in half. money health Alv~ez said ~e ~ufl in~mes of ~e ~oup's 5,000-6,000 mmb~s travel r~ges ~om $15,000 to $40,000. ~v~ez said ~ous~ds will be traffic fired or lose money, r~o~ CNS. career center education "~e ordinate is going to double ~e time ~at is r~uired (to do ~e live cams job.) ~d if you double ~e time ~at me~s you c~ot cover ~e se~ices sine mo~t of houses," A!vmez s~d, ac~rd~g to CNS. "So ~at real estate will ~slate into a loss of income." city guides Alv~ez also said l~dscapers w~e not info.ed of~e proposal ~fil it w~ berg consid~ed by ~e CiW Co~cil ~d had no ~pm on how to ~aR it, said ~S. http://www.channe12000.com/news/stories/news-970701 -191959.html 12/4/2001 Channel 2000 - Gardeners Protest Leaf-blower Law Page 2 of 2 The ordinance is aimed at reducing noise and particulate pollution stirred up by the devices, said CNS. After two warnings, gardeners, their employers or the residents are subject to a $1,000 fine and could be sentenced to six months in jail. Alvarez and the gardeners want to sit down with Mayor Richard Riordan and City Council members to make the law friendlier. If nothing comes of the group's demands, said CNS, or if the situation is unresolved, the gardeners may call for a hunger strike, sue the city or ask for a recall of Councilmen Richard Alarcon and Richard Alatorre. daily extras Cruise Drops Suit Over Alle~;ed Gay Video Debt: Hazardous To Your Health? Study: Parents Can Help Prevent Teen Smokin;I 'Potter' Still Flying High At Box Office Girl Scouts Work To Close Tech Gender Gal~ See o,r ~fivacy ~o~ev. terns of use. ad ~tes ~d legal notices. Void be~ news ,itc ~ Ca~om~ .nd Ne~da by ~e Ass~iated P~,, Tele~lon ~d ~o A,,oc~fion. En~ SI~ ~ 2001. IntemeCB~,deas~S~ems, ~[.. http://www.channe12000.com/news/stories/news-970701-191959.html 12/4/2001 Channel 2000 - Riordan Signs Leaf Blower Ban Page 1 of 3 SEARCH E#AIL #OKi[ SITE HAP SPON$ r~l~ E-MAIL STORY TO A FIIIENI~I CBS :2 News Team Special Assignment fliordan Signs Leaf Blower Ban Your News E-Hail Alerts Digital Daily Heaith Gardeners Vow to Continue Hunger Strike For Now Business News News Tips Maps & Directions · · MORE ZN LOS ANGELES, Posted I ~~ ::Get Holiday R news 10:00 a.m. January 09, 1998 '1 ~l Oeoorating TIj - Seven Los Angeles gardeners ~ ~;;" "--' :Get Ahead At weather continue to go without food ~ ~~ Inside Li, entertainment today as they protest a ~ ....~'~ ~:.~ : holidays citywide ban on gas-powered ~~/~l/ I~ Career4 sports leaf blowers in residential ~" :' ~:. _ ' ~ ..... [] Automo people's poll neighborhoods. ~~~ [] Real Esi cbs2 on XV ~i~ -----~W." -- [] [egai O what's on Mayor Richard Riordan sigh)cd cbs2 news the law Thursday, said CBS 2 News. The ban, which prohibits using [] Travel Getawa team the blowers within 500 feet of homes, goes into effect in 30 days. talk to 2 Riordan also agreed to establish a task force to study quieter, cleaner leaf blowers and to explore .,We possibility of establishing a loan more inside program to buy improved rriachines, according to The Associated technology Press. money health City leaders said they plan to create a steering committee to consider travel amending the ordinance, said The Los Angeles Times. However, the traffic gardeners, who have been on a hunger strike for seven days, said career center they wanted to see something in writing before ending their hunger education strike. live cams services Seven of the l l original real estate remain in front city guides of City Hall today. Four of thc gardeners have already gone because of weakness and · low blood pressure. http://www.channe12000.com/news/stories/news-980109-115355.html 12/4/2001 Channel 2000 - Riordan Signs Leaf Blower Ban Page 2 of 3 hunger-striking gardeners not the only ones camping Hall. They're getting support from other gardeners, members of the year-old Association of Latin American Gardeners, said AP. The leaf blower ban came about after homeowners in upper-middle class neighborhoods complained that the machines were too noisy, said AP. The new law carries a $270 fine. "We're not going to end the strike because we can't just take their word for it," said Alvaro Huerta, an organizer of the year-old gardeners' union created to fight the leaf blower ban. "We need something more concrete." Wrapped in blankets and ponchos, the remaining hunger strikers, who drink only water and sports drinks, pass the day sitting in lounge chairs in front of tents where they sleep at night, said AP. The gardeners said the issue is a matter of survival, said AP. They say their work will take twice as long without the motorized blowers they wear on their backs. That means fewer jobs and less income. Talk Back: . · Tell us what you think: Should Gas-powered Leaf Blowers be Banned? From our archives: · Jan. 07, 1998: Mayor Talks to Hunger-striking Gardeners · Jan. 07: G.~d.~n~rs...~.w...~o..Cor~ti~.u~..Hu.r~ger..Strik. e · Jan. 06: City Council Approves Blower Ban · Jan. 06: Blower Ban Hunger Strike Continues · Jan. 05: L.A. Gardeners Stago_H_ung0r Strike · Jan. 04: Leafblower Ban Leads to Hunger Strike · Dec. 17, 1997: City Upholds Leaf Blower Ban · Oct. 02: Green Throbs File Leaf Blower Lawsuit · July 16: Council Blows Off Leaf Blower Ban for Now · July 01: Gardeners Protest Leaf-blower Law More information: · The Christian Science Monitor published an articled called, "_C__al~2iou turn down that leaf blower?" Jenni Ta.y._l_or, Channel 2000 Staff Writer http://www.channe12000.com/news/stories/news-980109-115355.html 12/4/2001 Channel 2000 - Riordan Signs Leaf Blower Ban Page 3 of 3 daily extras Cruise Drops Suit Over Alleped G_ay_ Video Debt: Hazardous To Your Health? Study: Parents Can Help Prevent Teen Smokin~n 'Potter' Still Flyin_~ High At Box Office Girl Scouts Work To Close Tech Gender Gap ~'~i]~; Pr/"?-ac-v ~-~cY, te'Zm~ of--~e, ~ ~ates ~s. Voted best newssite i~ Caafornia aaa Nevaaa by the Assoc/ated Press Television and aaaio Association. Entire Site © 2001, Internet Broadcastina Systems. Inc.. http://www.channel2000, corn/news/stories/news-980109-115355.html 12/4/2001 California State Assembly Republican Caucus - News Page 1 of 2 7/16~98 A Common Sense Fix to the Leaf Blowing ....... ........ Debate ~~ '!~.~:~'" "' , By Assemblyman George Runner ~ Representing the Cities of Lancaster, Palmdale, and Santa Clarita ~ ~,, "Gone with the Wind," is how the City of Los Angeles would like to ~. un:e~ f describe an indispensable tool of gardeners known as the "leaf blower." The LA City Council really blew it on this one. The debate over /.~--~?.~ [ ~.,~ banning leaf blowers, a gas powered blower used primarily by ~!~.~.~,,,.f gardeners and grounds maintenance workers to blow leaves into manageable piles, has reached the State Legislature. The Assembly ;,"~ '~: Local Government Committee narrowly approved a bill that would .~ '~'5 overturn an arbitrary and unfair ordinance passed by the City of Los ~'~' ............. ; Angeles banning leaf blowers and threatening the livelihood of thousands of gardeners. Republicans in the State Assembly support this legislation. Banning leafblowers simply because they are noisy is a ridiculous restraint on an individual's freedom to earn a living. Legislation pending in Sacramento would overturn the Los Angeles ordinance and replace it with a more reasonable compromise. Under the newly amended legislation, supported by gardeners and leaf blower manufacturers, cities and counties could establish noise level standards on gas-powered leaf blowers as new technologies are being developed by manufacturers.. Local governments will also be able to determine when leaf blowers can be used and where debris can be blown. This legislation strikes the correct balance between protecting hardworking individuals from a capricious ordinance and respecting a citizen's right to live in peace. It also leaves the door open for further reforms. By the year 2000, all leaf blowers will have to be tested and certified by an independent testing facility. This isn't a token measure to quiet environmentalists. This is a common sense approach to phasing in .qenqihle refnrm.~ It al.qn oive.q the leafhlnwino indn.qtrv amnle time http://republican, assembly, ca.gov/news/archived/NewsLetter34.html 12/4/2001 California State Assembly Republican Caucus - News Page 2 of 2 to plan financially and otherwise, for necessary upgrades to their equipment. Something that you never hear from the liberal members of the Los Angeles City Council is that the advent of leaf blowers has saved thousands of gallons of water. In the past, gardeners used high-powered hoses to get rid of leaves and debris. The L.A. ordinance would be a step backward in this regard and would force many gardeners to go back to wasting water. Not to mention the silly notion raised by opponents that gardeners can simply remm to using rakes and brooms. Gardeners are not willing to take such a giant leap backward in regards to productivity and effectiveness, nor should they be. There has been some question as to whether the leaf blower debate is of statewide importance. Any law that stifles the economy of a profession the way this ordinance does to Los Angeles area gardeners is of significant statewide concern. The ordinance would force many gardeners out of business by outlawing their tools and requiring cosily new blowers. This is not the direction we want to go as a state. There are plenty of things that make noise. The track that picks up recycled materials, the school bus, morning traffic and my neighbor's children are all a noisy interruption to my morning sleep. We wouldn't be taken seriously if we tried to outlaw any of these things. Why should the whim of a vocal minority of residents offended by the noise take precedence over an entire profession? If the loss of jobs and thousands of gallons of water down the drain isn't enough to convince you that the L.A. ordinance is bad public policy, consider this: the cost of outdoor maintenance would skyrocket if leaf blowers are outlawed. The cost of monthly grounds maintenance could rise 400% and take five times longer. This goes for local governments as well. For example, the City of Santa Barbara says they alone would pay $444,000 in higher costs for grounds maintenance. Assembly Republicans believe we have found a sound approach to regulating leaf blowers without quashing an entire industry in the process. Having trouble with this site? e-mail the webmaster http://republican.assembly, ca.gov/news/archived/NewsLetter34.html 12/4/2001 Lawn & Landscape >> Article >> Room For Improvement: Power Blowers Page 1 of 5 Advertise · Contact Us · Feedback ~ Newsletter . Site Map Ll S O Room For Improvement: Power Blowers By ~nthia Greenleaf ~gr~.e n le~[~J~w_~a~d~n~ ~.a~..~gm 3/8/2~0 5:03 :~PM ~~:C~'' Some see it as an indispensable landscaping tool, while others aEack it as an ........................................... evil intrusion into a peaceful suburban existence. But no maffer how ifs viewed, one fact is consistent: the power blower and its surrounding controversy is pu~ing plen~ of pressure on the equipment indust~ to meet both regulations ~e~m~~eel~ of and consumer expectations. The law of evolution applies here- adapt or else. MaE Wilson, technical sewice manager, Maruyama U.S., based in Redmond, Wash., summarized the situation succin~ly: "Yodve got to do something or give Up on the market." THE DEBATE UPDATE. The power blower issue is as contentious as ever, despite what some had hoped. "Two or three years ago, no one was paying a~ention to this," said Robin Pendergrast, vi~ president of the International Marketing Exchange, McHen~, Ill., and a leading advocate for the power blower indust~. "Contractom and manufacturers thought it would blow over." Quite the opposite. One of the most re~nt bans was just passed in Palo Alto, Calif., where all gas-powered blowers in residential areas have been outlawed, [Rexius effective July 2001. Under the ban, which Pendergrast said he considers an especially devastating blow for blowers, only electric blowers are pertained during restricted hours. "This ordinance is not going to be overruled," he said, noting that the ci~ has been contemplating a ban for the past decade and did not outlaw blowers impulsively. "And if a ban can happen in Palo Alto, it mn ~: Do you g~ve h. happen an~here." ~nuses? Randy Haslim, vice president- technical for Tanaka, Kent, Wa., agreed. "The ~ Yes, bm ~'s r ~sh 'no blow' movement is going to ~ntinue to grow- there is no doubt," he said. This fact has become increasingly clear to manufa~urers, who are scrambling ~ Yes, eve,on gem the sam to make their power blowers more each- and, especially, ear-friendly while mount of ca t~ing to maintain ~mmercial and ~st effectiveness. ~ Yes, amount receiv~ is on pedo~ar MIND YOUR this year MANNERS times are tou ~ No, I'm a scr, All t~ often, blowers have been ~st as noisy villains in neigh~ffio~s across the ..................................... ~unt~. One way to improve this often unfair image is by encouraging pro.r, couscous use. Nine ti~ to remember: ~ew Resu~s http://www.lawnandlandscape.corn/articles/articlelasp?Id=956&SubCatlD=62&CatlD=6 12/4/2001 Lawn & Landscape >> Article >> Room For Improvement: Power Blowers Page 2 of 5 Don't mn your blower at full throttle. Blowers should be run at the lowest possible throttle speed that gets the job done. Select a language Don't use your blowers early in the morning or late at night. As a I iSpanish general rule, operate your blower in residential areas only at reasonable hours of the day. Don't blow debds onto adjacent properties, streets, vehicles, ~ people or pets. Clean up promptly and properly. ~~~ Keep blowers at least 10 feet from doors or windows. Only operate one blower at a time on small residential sites. Even two quiet blowers operating simultaneously will generate excessively high noise levels. Use a rake or broom to loosen heavier debds. Do not use blowers to move large debds piles from one spot to another. Use the full nozzle extension so the air stream can work close to the ground. Check the muffler, air intakes and air filters often to make sure they are working properly. Slightly dampea.surfaces or use a mister attachment if conditions are very dry and dusty. Information courtesy of the Portable Power Equipment Manufacturers Association BUILDING A BETTER BLOWER. Re-configuring blowers to meet both regulatory, consumer and commercial contractor demands is a challenging task. One of the primary concerns is maintaining a powerful air force, which is inherently noisy, while reducing the decibel level at the same time. "How do you generate enough cubic feet per minute and miles per hour to do the work thafs required at a quieter level?' This is the big question," said Klm Liechty, Husqvarna Forest and Garden's director of engineering. This question can sometimes be an issue of compromise, pointed out Marty Koval, director of U.S. sales for Shindaiwa, Tualatin, Ore. "There are always tradeoffs," he said. For Shindaiwa, reducing noise while striving to maintain performance and reliability at the same time has always been a primary concern, he said. While Husqvarna, based in Charlotte, N.C., currently has a line of blowers meeting or exceeding Environmental Protection Agency (EPA) and California Air Resources Board (CARB) standards, they're always looking to improve. The company has backpack and hand-held blowers in development that will have a dBA rating "significantly below 65," Liechty said. Another obstacle for manufacturers is user education. In the past, Husqvarna has offered quieter products in its line, but it fell victim to a common misconception, Liechty said. "The user equated sound with power and they just didn't sell well." Maruyama realized that noise was becoming a serious concern in residential areas about half a decade ago, which was a huge incentive to go back to the drawing board, Wilson said. Like many manufacturers, he added, Maruyama started focusing on how it could reduce noise. In addition to its landmark 62 dBA packback blower, which has been especially well-received in California, Wilson said, Maruyama will have a CARB Tier II- compliant backpack blower on the market by late fall. The unit is still in the prototype stage with the company aiming to bring the sound level below 60 decibels, Wilson said. http://www.lawnandlandscape.com/articles/article.asp?Id=956&SubCatlD=62&CatlD=6 12/4/2001 Lawn & Landscape >> Article >> Room For Improvement: Power Blowers Page 3 of 5 In addition, Tanaka plans to introduce a Iow noise, commercial backpack blower this spring. "We're targeting 62 dBA," said Haslim, who admitted the company's blower technology was a little antiquated and ready to be revamped. RedMax, Atlanta, Ga., also has a quieter blower in development. While its current blowers run at 75 or 65 dBA, the company will be introducing a new line of gas-powered products in the next few years, equipped with a lower rpm to bring the decibel level down, said Don Kyle, RedMags vice president of marketing. Regarding the issue of power blower performance, the equipment industry as a whole will readily admit that there is still plenty of room for improvement in the machines. "We recognize that blowers need to be cleaner and quieter, and we're working on some solutions," commented Karen Hutchinson, director of operations, Portable Power Equipment Manufacturers Association (PPEMA), Bethesda, Md. "Obviously, the industry wants to be as responsive to these issues as possible. Now, it's just a question of the technology catching up with the demand." ALTERNATIVE ON THE HORIZON By eliminating emissions and reducing operating noise to an unprecedented 56 dBA, Echo's innovative new altemative energy blower is positioning itself as the power blower of the future. In development for the past two years, Echo, based in Lake Zurich, II1., came up with this electric blower in response to and in anticipation of a need to provide a quieter product with zero emissions, according to Larry Will, Echo's vice president of engineering. Specifically, the company wanted to target individuals affected by the increasing number of power blower bans throughout the United States. "We were looking into the future," Will said. "Our feeling was that if we could develop a product that performs adequately and was attractive financially, we may have a product for those people." Echo approached the development of this blower with two objectives in mind. The first was a desire to get an even distribution of battery power for a sustained amount of time. "We initially looked at using a lead acid battery, but found that the performance deteriorated as soon as it was drawing power," Will said. Echo then tried a nickel metal hydride battery, which performed better and got consistent voltage. "With the nickel metal hydride battery, the electric blower can run 40 minutes on a charge, compared to one with a lead acid battery that deteriorates after about nine or 10 minutes," he observed. For the sake of safety and energy conservation, Echo also wanted to control the battery's output, so it equipped the battery with a computer that allows the user to adjust both voltage and rpm. While the blower's innovation is impressive, the price tag isn't, and Echo will be the first to admit this. Preliminarily priced at approximately $2,300, this cost includes three batteries at $700 each - one to use while the other two are recharging. "From an initial cost standpoint, this is not attractive to the professional user," Will admitted. "But if a person wants to use this blower all day, he's going to need a minimum of three batteries.~ Will also noted that this new blower is not a replacement for the more demanding clean-ups. "It would be adequate for blowing grass and leaves but not for major parking lots," he said. With the second generation prototype currently undergoing testing, Echo is still fine- tuning the blower and hopes to have it on the market in five to 10 years, Will predicted. In the meantime, the company is waiting to see if there's enough of a market demand to justify further investment. "1 don't know if there will be enough business out there to warrant spending another $2 million to put this into production," Will admitted. "It's kind of a Catch-22. You have to sell a lot of product to get the price down." http://www.lawnandlandscape.com/articles/article.asp?Id=956&SubCatlD=62&CatlD=6 12/4/2001 Lawn & Landscape >> Article >~ Room For Improvement: Power Blowers Page 4 of 5 - L,'ynthia ~reenleat CHANGING THE APPROACH. Without question, proper blower usage goes hand-in-hand with improved blowers. Without responsible operation, an improved blower is fairly useless. Blower manufacturers and industry associations are addressing this issue by educating landscape contractors (See "Mind Your Manners" on page 146). The fact is that many landscape contractors simply don't operate power blowers in a courteous manner, blasting them at full throttle for hours on end and running them at all hours of the day. The solution, however, is simple. "Common sense will solve the problem all the way around," Kyle said. PPEMA hopes an instructional video will help the situation. In partnership with the Bay Area Gardeners Association and the California Landscape Contractors Association, PPEMA's video, slated for release this spring, will address all aspects of proper blower operation - from routine maintenance and safety procedures to proper protective gear and usage etiquette. The video also will include a test so contractors can mal~e sure their employees are getting the message. Raising conscientiousness takes time, but the industry is gradually getting there. "A lot of contractors have become painfully aware of the noise they create and have taken steps to curb that," said Haslim. As determined by the American National Standards Institute (ANSI) standard, the only national standard for measuring power sound, PPEMA also has been working on improving the variables indecibel ratings as well as revising test procedures for greater consistency. As part of that goal, PPEMA is encouraging manufacturer participation in its voluntary labeling program, launched in 1997 that indicates a blower's decibel level directly on the piece of equipment. "We feel that this is something that the industry should be doing," Hutchinson said. These straightforward labeling standards could help cities regulate more intelligently and contractors serve their residential customers more courteously, Hutchinson said. The standards are: · Category I - 65 dBA or less · Category 2 - greater than 65 dBA or less than or equal to 70 dBA · Category 3 - greater than 70 dBA Labeling blowers could put the blower manufacturing industry in a better light. "In the past, we've been seen as a 'Big Bad Wolf,' but this will show that we're trying to do our part," said Nick Jiannas, Stihl's product manager for power tools, Virginia Beach, Va. For the power blower industry, Hutchinson admitted that the noise issue has taken a backseat to complying with more pressing exhaust emission regulations, namely the EPA Phase II/CARB Tier~ll requirements. "Clearly, everyone recognizes that noise is important," she says. "But when you have only so many engineers working on the issue, there are only so many things you can do at once - but we're working on it." http://www.lawnandlandscape.com/articles/article.asp?Id=956&SubCatlD=62&CatlD=6 12/4/2001 Lawn & Landscape >> Article >> Room For Improvement: Power Blowers Page 5 of 5 The author is Associate Editor of Lawn & Landscape magazine. Comm. e_n. ts Home I Ma_~g_azine I My Lawn & Land__s~c.ape I St~o_r_e_ I Message_ Board Business Tools - MSDS Labels - Events - Research - Training - Business Cards - Indust .fy Links - Associations - Legislation © 1997-2001, GIE Media, Inc. All rights reserved. P_n_'_va_cy Poli_cy_a_nd Terms and Co.n_diti~o_ns_. http://www.lawnandlandscape.com/articles/article.asp?Id=956&SubCatlD=62&CatlD=6 12/4/2001 ~ LADWP Press Release Page 1 of 2 Marct~ 22, 2000 Press Release LADWP WINS AWARDS FOR TWO ENVIRONMENTAL PROGRAMS California Municipal Utilities Assclation Cites Electric Leaf Blower and Neighborhood Bill Reduction Service Program LOS ANGELES - The Electric Leaf Blower Project and the Neighborhood Bill Reduction Service (NBRS) program today (March 23) earned the Los Angeles Department of Water and Power (LADWP) two major energy efficiency awards in the large utility category of the California Municipal Utilities Association's (CMUA) 2000 Community Service/Resource Efficiency Awards Program. The new state-of-the-art, battery-operated electric leaf blower is expected to provide quiet reliable service with zero emissions. It is expected to be field tested this fall and available for sale beginning in 2001. The Neighborhood Bill Reduction Service (NBRS) program, also known as the "Neighbors Program," began in January 1999 to enable more than 70,000 Iow-income customers to reduce their utility bills through energy efficient products and services. "We are pleased to be recognized on a statewide-basis for these two innovative programs which help establish the LADWP as an environmental trend-setter," said Angelina Galiteva, director of Strategic Planning. In 1998, the City Council restricted the use of the gasoline-powered leaf blowers to more than 500 feet away from any City residence. City councilmembers requested that LADWP begin research and development of a quiet, non-polluting leaf blower. During May 1998, LADWP contracted with Monrovia-based AeroVironment, Inc., which specializes in new technOlOgy development, to assist in prototyping and designing a new leaf blower. Last December, the LADWP contracted Giltronics Associates, Inc., a Los Angeles-based manufacturer, to make the transition from the prototype to mass production of leaf blowers. The new leaf blower requires no power cord, weighs about 10 pounds less than the gasoline-powered model and reduces noise to less than 65 decibels. The batteries can be recharged during evenings by plugging them into a charger. The second program to be recognized, the Neighbors Program is implemented city-wide by five community-based organizations (CBOs): First AME Church (Fame Assistance Corp/FAME Renaissance), CHARO Community Development Corporation, TELACU weatherization, Inc., Watts Labor Community Action Committee (WLCAC)~ and the Asian American Drug Abuse Program (AADAP). The organizations hired additional personnel from their communities. The CBOs scheduled field appointments and delivered packages of products and services developed by LADWP for Iow-income discount rate customers. Participants in the Neighbors Program received free 23-watt compact http://www.greenla.corn/news/pr/2000/032200.htm ' 12/4/2001 LADWP Press Release Page 2 of 2 fluorescent bulbs to replace their 100-watt incandescent bulbs, resulting in significant energy savings. More than 190,000 compact fluorescent bulbs were installed in customer homes, accounting for an annual energy savings of more than 20 million kilowatt-hours. The CBOs deliver water-saving devices such as Iow-flow showerheads and faucet aerators. Program representatives also clean refrigerator condenser coils to enable the units to operate at more efficiently. Both the electric leaf blower and the Neighbors Program are funded under the LADWP Public Benefits Program authorized by California~s electric utility restructuring act, approved by the State Legislature and the Governor in 1996. In 1999, the LADWP Cool Schools Tree Planting Program was honored by CMUA for the best use of Public Benefits funds. The Electric Leaf Blower Project and the Neighbors Program are two in a series of LADWP environmentally-friendly efforts, funded by the Public Benefits Program, which also include the Electric Vehicle Program, the Energy Efficiency Program, and the Solar Photovoltaic Program. CONTACT FOR NEWS MEDIA: Walter Zeisl, Los Angeles Department of Water and Power, phone: (213) 367-1342, (213) 367-3227 [after regular business hours], e-mail: wzeisl @ ladwp.com Los Angeles Department of Water and Power http://www.greenla, com/news/pr/2000/032200.htm 12/4/2001 Lawn & Landscape >> Article >> Air Force 101: Blower Update Page 1 of 6 Advertise · Contact Us ~ Feedback · Newsletter . Site Map Subscriptions Tuesday, December 4, 2001 ~IEntire Site ,ffi ~ Lawn &l-.~r!_d_~iratl;}e ,, .EQuipment ~ Bto_w~_[s. Air Force 101: Blower Update By Kfisten Hampshire 6/15/2001 9:42:36 AM Contradiction chums in the blower arena, where a ........................................ desire for hurrimne force wind counters a RE~TED LINKS KAwasaki movement to muffle noisy enoines. .amest ~nds~.e Semims Li~le Wonder - ' I Communi~ regulations challenge efficient sewice. Echo I Considerate operation rivals common sense, and there is reluctance to trade wind speed for softer sound. Add to these tumbling currents the value of an effective product, safe operation, and above all, cou~esy, and contractors have quite a bit to consider before pulling the sta~ cord..:. To calm these contentions, the market has developed new, noise-friendly blowerS, models to match many applications and a sha~ened awareness for safe~ and training. [ ~wasa~ PRODUCT PRIORITIES. Kud Pitzer doesn't look at price tags. He doesn't wor~ about noise, and he won't mess with hand-held blowers. His Edmond, Okla.-based company, Pitzefs Lawn Management, keeps 23 backpack blowers on its trucks, all of Q: Do you give h, which fit his ~o key purchase qualifications. "1 look ~nuses? for a lot of air volume and wind speed - both of these factors combined," he identified. "Like torque ~sh and horsepower on an engine, you need both - not just one or the other." C Yes, eve~on gets the sm amount of ca Pitzer, like many contractors, likes power. Herein ~ Yes, amount receiv~ is lies another contradiction - a discrepancy in trends on ~do~ar as contractors demand power and measure wind speed with noise, but still recognize the need for ~is year quiet. All this is sparking innovations in times are tou manufacturers' equipment lines. ~ No, I'm a scr, "There is a trend in the marketpla~ for bigger View ResuEs http://www.lawnandlandscape.com/articles/article.asp?Id= 1697&SubCatlD=62&CatlD=6 12/4/2001 Lawn & Landscape >> Article >> Air Force 101: Blower Update Page 2 of 6 models that have more power- that seems to be what people want," noted Tom Dibble, supervisor of technical service, Kawasaki, Grand Rapids, Mich. Select a language "The bigger the machine, the noisier it will be, ISpanish though there are models coming out that have a Iow-noise designation, t "People tend to equate power with noise," he continued. "There's not always a direct correlation there." Noise isn't an issue in Pitzer's neighborhood, and he knows power leads to productivity- so he shops accordingly, not forgetting quality, he 'reminded. Efficient blowers decrease labor needs, lessen operator fatigue, and eventually buffer the company's bottom line, he added. This is why the first consideration he pushes to the wayside is price. "If it costs more and it will deliver more, it is worth the investment," he said. Operator comfort also ranks high for Joe Hamper, president, Erieshore Landscape Contractors, Eastlake, Ohio. Long hours mixed with environmental conditions can wear oat workers, he noted. "We make sure that our backpack blowers fit comfortably on the back and aren't too heavy," he said, remembering the weight burden of his older "dinosaur" blowers. Maintenance, serviceability and parts availability also top contractors' wish lists. A dependable dealer will provide reliable service and stock parts to make quick repairs, Hamper said. "If a blower is down, it can cost hundreds of dollars, so maintenance is critical," added Tom Waltz, president, Harvest Landscape Services, Fort Worth, Texas. Warranties are important, but they don't take precedence over interchangeable parts some equipment lines offer, he said. Availability allows for convenience. Walk-Behind Wonder Contractors spend quality time clearing Mother Nature's leftovers, so equipment must be comfortable and efficient, emphasized David Navroth, director of sales, Little Wonder, South Hampton, Pa. For extra-large, time-consuming jobs, walk-behind blowers can ease operator strain and clear quickly. "Any place you would use a broom, you can use a walk-behind blower," he said, noting its application versatility. "Tennis clubs use them to clean off debris or water if it rains, race tracks use them to clean off the tracks and drag strips can use them http://www.lawnandlandscape.com/articles/article.asp?Id= 1697&SubCatlD=62&CatlD=6 12/4/2001 Lawn & Landscape >> Article >) Air Force 101: Blower Update Page 3 of 6 clean up s[alllng areas." These high-powered blowers can be operated at half-throttle - well below decibel regulations - and still perform productively, Navroth added. Their ergonomic design reduces fatigue because the operator does not need to carry or wear the equipment. Cuing in to balance, tire size, maneuverability and ergonomics will allow contractors to choose the best walk-behind blower to fit their needs. Larger, rotating, swivel tires increase maneuverability in rough terrain, and design keys such as handle grips, create operator comfort, Navroth explained. Many contractors take advantage of this blower option in the eastem United States and New England, however, the model is not as prevalent in the South and West, Navroth observed. This regional divide is unexplainable, he added, noting that "people are aware of the walk-behind blower, but old habits die hard." Many still opt for their old stand-bys, whether that be a hand-held or backback model. "Walk-behind blowers will obviously not go into a flower bed, which is an advantage of a hand-held or backpack blower, but once the debris is on the lawn, they will move it more quickly," he said. - Kristen Hampshire MODEL MATCH. Before purchasing a blower, contractors must decide which model best suits their needs. "This depends on the debris pile they are blowing, and there are different applications based on the volume of air they need and how they want to control it," said Robin Pendergrast, spokesman for Echo, Lake Zurich, II1. "It is easier to work on a slope with a backpack blower, but some prefer a hand-held blower," he continued, noting that various circumstances call for different blowers. Dibble suggested first evaluating the budget and the job's specifications before choosing which type of blower delivers maximum efficiency and profit. "As you move from a hand-held to a walk-behind or from a hand-held to a backpack blower, what you're gaining is more power and more blowing ability, and what you're losing is portability," he said. Though price shouldn't drive a purchase, it might influence blower choices, Dibble added. Two hand- held blowers might offer a less-expensive alternative to a larger machine, but operating extra equipment could cost companies extra labor dollars, he warned. "Check your application," Dibble stressed. "If you're trying to blow the leaves off a lawn with a hand-held blower, you're probably http://www.lawnandlandscape.com/articles/article.asp?Id= 1697&SubCatlD=62&CatlD=6 12/4/2001 Lawn & Landscape >> Article >> Air Force 101' Blower Update Page 4 of 6 [aK~ng [wlce as ~ong as you woma w~[n a DacKpaCK or walk-behind blower." Hamper juggles all three blower options, tailoring the equipment to seasonal and terrain conditions. Walk-behind blowers handle jobs that are larger than I acre, depending on the surface, Hamper noted. When land is wet or on a slope, he favors backpack blowers. In the spring, he retires the walk- behind blowers and uses only backpack blowers to clear leaves out of beds, and to alleviate workers from long hours on their feet in the fall, walk-behind blowers manage large cleanups. Pitzer, on the other hand, is loyal to his backpack blowers, using them for routine maintenance such as clearing off clippings and trimmings, he said. "Even if you're going to work for 10 minutes, I'd rather take the 20 or 30 seconds to put the backpack blower on than walk around with a hand- held blower," he remarked. "With hand-held blowers, you're off balance when you're blowing because you have all the air power on one side. You can't use the same amount of power as with a backpack blower, so it takes you longer and you're much more tired at the end of the day." However, the versatility of hand-held blowers appeals to many contractors, and most companies stock this travel-size tool. BLOWER BUZZ. Today, more municipalities are pressuring contractors to tone down blower use, Pendergrast pointed out. Communities want quiet. "You may not have a problem now, but I guarantee you might in the future," he said. This wave of noise reduction ordinances enforces the 65-dBA requirement set by the American National Standards Institute and emissions specifications outlined by the California Air Resources Board. Time limitations bar contractors from operating blowers during certain morning, evening and weekend hours, and police issue tickets to violators in some controlled communities. Even contractors not bound by legislative limitations need to consider possible ramifications, Pendergrast stressed. "They should look for quiet leaf blowers, and they need to look for clean blowers," he listed. "They need to understand the responsibility' that's required with using all lawn and garden equipment." http://www.lawnandlandscape.com/articles/article.asp?Id= 1697&SubCatlD=62&CatlD=6 12/4/2001 Lawn & Landscape >> Article >> Air Force 101: Blower Update Page 5 of 6 As noise negotiations continue in some parts of the country, such as California, Arizona, and most recently, the Boston area, manufacturers will begin to tailor equipment to meet these restrictions, Dibble added. "Manufacturers are wise to look toward making machines quieter with less emissions," he commented. "Those are trends that are not going to go away." Still, Pendergrast hopes pending regulations will open eyes during product purchases. Anymore, there is not a market for manufacturers that don't regard noise limitations, he said. POLITE POWER. Keeping it quiet might please clients, but other courteous blower behavior also earns points with customers. When contractors blow debris into streets or driveways, 'allow clippings to fly into care or rev up equipment near open windows, homeowners have reason to complain, Pitzer said. "Courtesy and practicality is the key,"' he stressed. "Anytime we have a mess, we clean it up," he said, adding that employees work around obstructions like animals and parked care. "We don't blow debris into storm drains or blow clippings across the street." Pitzer notifies apartment complex property managers if debris is accidentally shot into an open window of a parked car, and he has even taken a customer's dog to the groomer to clean off its clipping-covered coat. "And, as with any piece of equipment, when we come in contact with a pedestrian, we stop," he added. These gestures center on putting people first, but contractors should also put products first by practicing safety and maintenance measures. Customers and equipment deserve equal respect, Pendergrast noted. "A common mishap is people throwing blowers around on their truck, and then they get a gas leak or [the blowers] don't start or they don't run efficiently," he said. "There is a tendency to not do the repair work." Many machines are not tuned up or in top condition, Dibble said, noting that often engine shrouding is broken so operators are not protected from the muffler. "I've seen a number of people with burns on their arms from touching mufflers. If it can be easily repaired, that's what you need to do, and it http://www.lawnandlandscape.corn/articles/article.asp?Id= 1697&SubCatlD=62&CatlD=6 12/4/2001 Lawn & Landscape >>/(rticle >> Air Force 101' Blower Update Page 6 of 6 neeas to De malma~nea on a regular Das~s." Hamper added that wearing eye and ear protection at all times is essential, warning against wearing loose-fitting clothes, which can be swept up into the air current and cause internal damage to blower fans. When fueling his equipment, he carefully pours the gas to avoid overfilling or spilling, and catches drips under the machine with a piece of cardboard. In addition, Dibble suggested changing air filters on a regular basis to keep the engine clean. Most of these practices are common sense, Dibble added. However, considering customers and fine- tuning safety might deter pending blower limitations. "Even if there aren't regulations, if you use common sense, you might prevent some unnecessarily strict regulations from coming your way in the future," he said. The author is Assistant Editor of Lawn & Landscape magazine. Comments,.. Home I Magazine I My Lawn & Landscape I Store I Message Board © 1997-2001, GIE Media, Inc. All rights reserved. Privacy Polic.v and Terms and Conditions. http://www.lawnandlandscape.com/articles/article.asp?Id= 1697&SubCatlD=62&CatlD=6 12/4/2001 B A K E R $ F I E L D M E M O R A N D U M January 10, 2002 JAN lO 200;) TO: John Stinson, Assistant City Manager /,,~/ ~,~ ~-,~~ ~ ,.,.. FROM: Jack Hardisty, Development Se~ices Dire~ /- SUBJECT: Propose Amendments to City Oil Well and~duction-Related Ordinances I am transmitting the proposed amendments to various oil well and production-related ordinances that the Planning Commission is recommending the Urban Development Committee consider. The proposed amendments intend to consolidate oil well and production-related regulations and improve public notice requirements to mineral rights interests. Also included is a copy of the mailing list of interested persons and agencies that have expressed interest in attending meetings on this topic. Briefly, the following summarizes the Planning Commission's review. 1. Appointed Commissioners Mathew Brady, David Gay and Ron Sprague to a sub- committee. 2. Sub-committee held several meetings be~een July, 2001 and November 2001 to discuss the proposed ordinance amendments. Representatives from both the oil and building industries attended these meetings. 3. Planning Commission adopted the sub-committee's Majority Repod on December 20, 2001. Proposed ordinance amendments were referred to the Urban Development Committee for consideration, and appointed Commissioner Ron Sprague as the Planning Commission's representative at the Urban Development Committee meetings. 4. Proposed amendments include the following: · Proposed merge of Chapter 15.66 (Drilling for and Production of Petroleum) and Chapter 15.67 (Oil and Gas Production). Chapter 15.67 would be deleted. · Chapter 17.46 (Drilling Island Zone) and Chapter 17.47 (Petroleum Extraction Combining Zone): Removed provision that limited appli~tion of this zone to areas annexed since 1998. Proposed amendment allows zone to apply city- wide. Standards of Chapter 15.66 apply. · Title 16 (Subdivisions): Amendment to increase public hearing notice requirement to notify operators of record on file with DOGGR; and require 305 foot minimum lot frontage and width of drill sites lo,ted within subdivisions. · Chapter 17.64 (Conditional Use Permits): Amendment to increase public hearing notice requirement to noti~ operators of record on file with DOGGR. Attachment cc: Bad Thiltgen, Ci~ Attorney JH:jeng S:~ENG~m-Stinson UDC.wpd Oil Well Ord Amendments. COMMISSIONER RON SPRAGUE DIVISION OF OIL & GAS NL-UDCl 1914 ALTA VISTA ATTEN JOE AUSTIN January 9, 2002 BAKERSFIELD CA 93305 4800 STOCKDALE HWY #.417 BAKERSFIELD CA 93309 MClNTOSH & ASSOCIATES JIM MARINO BIA 2001 WHEELAN COURT 6105 PRESTON COURT 1326 H STREET SUITE 15 BAKERSFIELD CA 93309 BAKERSFIELD CA 93309 BAKERSFIELD CA 93301 TERI BJORN CASSIE DANIEL, BAKERSFIELD SUSAN NOBLE CLIFFORD JENKINS & BROWN ASSOC OF REALTORS WESTERN STATES PETROLEUM 1430 TRUXTUN AVE ~00 P O BOX 9338 ASSOCIATION BAKERSFIELD CA 93301 BAKERSFIELD CA 93389-9338 301 TOWER #300 BAKERSFIELD CA 93309 LES CLARK JOHN MARTINI, DIR. PUBLIC AFFAIRS FRED PORTER (CELSOC REP) INDEPENDENT OIL PRODUCERS CA INDEPENDENT PETROLEUM ASSC. PORTER ROBERTSON ENGR. 4600 AMERICAN AVE WEST #201 1112 "1" STREET 1200 21s'r STREET BAKERSFIELD CA 93309 SACRAMENTO CA 95814 BAKERSFIELD CA 93301 INTRODUCTION: The Planning Commission has referred the attached proposed ordinance amendments related to oil well and operations within the City of Bakersfield to the Urban Development Committee of the City Council for their consideration. In summary, the proposed amendments include: Chapter 15.66: Standards from Chapters 15.67 (Oil and Gas Production), 17.46 (Drilling Island Zone) and 17.47 (Petroleum Extraction Combining Zone) have been integrated into Chapter 15.66 (Drilling for and Production of Petroleum). ltalic represents text from Chapter 15.67. ltalic underline represents new text. Chapter 15.67: Proposed to be merged with Chapter 15.66. Chapter 15.67 would be deleted. Chapter 17.46 (Drilling Island Zone): Removed provision that limited application of this zone to areas annexed since 1998. Proposed amendment allows zone to apply city-wide. Standards of Chapter 15.66 apply. Chapter 17.47 (Petroleum Extraction Combining Zone): Removed provision that limited application of this zone to areas annexed since 1998. Proposed amendment allows zone to apply city-wide. Standards of Chapter 15.66 apply. Title 16 Subdivisions: Amendment to increase public hearing notice requirement to notify operators of record on file with DOGGR. Require 305 foot minimum lot frontage and width of drill sites located within subdivisions. Chapter 17.64 CUPs: Amendment to increase public hearing notice requirement to notify operators of record on file with DOGGR. S:lJENGlintro summary UDC. wpd January 9, 2002 DRAFT # 3 Chapter 15.66 DRILLING FOR AND PRODUCTION OF PETROLEUM Sections: f' 15.66.010 Purpose. 15.66.020 Definitions. 15.66:030 Permits. 15.66.040 Well site development standards. 15.66.050 Abandoned and idle wells. 15.66.070 Enforcement. 15.66.080 Development encroachment in petroleum areas. 15.66.010 Purpose. It is the intent and purpose of this chapter to regulate the drilling, redrilling and recovery of oil, gas and other hydrocarbons, including injection wells, so that these activities may be conducted in a manner that: a) protects public health, safety and welfare; b) conforms with established codes and regulations; c) minimizes the potential impact to property and mineral rights owners; d) encourages drill site consolidation; and e) protects the quality of the environment. This chapter provides local regulations for petroleum drilling and production. These operations are also subject to state and federal regulations administered by those agencies. 15.66.020 Definitions. The terms set forth in this chapter shall have the meanings herein unless it is apparent from the context that a different meaning is intended. A. "Abandonment" means the permanent plugging of a well in accordance with the requirements of the Department of Conservation, Division of Oil, &n~, Gas, and Geothermal Resources of the State of California, the removal of all equipment related to the well, including restoration of the drill site as required by these regulations. B. "A.N.S.I." means the American National Standards Institute. C. "A.S.T.M." means the American Society for Testing Materials. D. "A.P.I." means the American Petroleum Institute. E. "Blowout" means the uncontrolled flow of gas, liquids or solids (or a mixture thereof) from a well on to the surface. F. "Blowout preventor" means a mechanical, hydraulic, pneumatic, or other device or combinations of such devices secured to the top of a well's casing including valves, fittings, and control mechanisms connected therewith designed and capable of preventing a blowout. S:~JENG\Title15\UDC draft3~draft3-amend 15-66.wpd January 9, 2002 1 G. "Board of Zoning Adjustment" or "B.Z.A." means the Board of Zoning Adjustment of the City of Bakersfield as defined in Title 2 of the Bakersfield Municipal Code. H. "Cellar" means an excavation in which the wellhead is located. I. "Completion of drilling" on a well site is deemed to occur for the purpose of this code upon, (1) initiation of disassembly or removal of the drilling rig from any one well on the drill site, (2) thirty days after setting of a well head on any one well on the drill site, or (3) thirty days after the drilling equipment has been removed from the site. Completion has not occurred if drilling, testing, or remedial operations are resumed on that one well before the end of any thirty-day period. J. "Derrick" means any framework, tower or mast together with all the appurtenances to such structure placed over a well for the purpose of drilling, raising or lowering pipe, casing, tubing or other drilling, completion production or injection tools or equipment out of or into the well bore. K. "Desertion" means the cessation of operations at a well site where suspension of drilling operations and removal of drilling machinery has occurred where the operator cannot be located or contacted, and no activity has taken place for at least six consecutive months, or production equipment or facilities have been removed and no activity has taken place for at least two consecutive years, unless the~,.,-,.~. ~' '" '" D.O.G.G.R has granted an extension of time pursuant to their regulations. This definition does not apply to observation wells. L. "Division of Oil, and Gas and Geothermal ResourceS' or ~,.,.,.,~ "D.O.G.G.R" means that division of the Department of Conservation of the State of California. M. "Drill or Drilling" means to bore a hole in the earth for the purpose of completing a well, exploration or testing. Drilling includes all operations through the removal of the drilling equipment from the drill site. N. "Drill site" means the land required to be reserved in accordance with Section 15.66.080 C. as part of a rezoning, subdivision or other development for future drilling and/or production operations. 0.~. "Drill island" means the discrete area zoned Drilling Island (DI) District in accordance with Chapter 17.46 of this Code. P.._N. "Dwelling" means any building or portion thereof providing living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking and sanitation, and includes both single-family and multiple-family residential facilities. Q.6). "Gas" means the gaseous components or vapors contained in or derived from petroleum or natural gas. _R ~ "Grade" (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line or, when the property line is more than five feet from the structure, between the structure' and a line five feet from the structure. S:~JENG\Titlel 5\UDC draft3\draft3-amend 15-66.wpd January 9, 2002 2 S.~. Q. "Hazardous well" means an oil or gas well that presently poses a danger to life, health, or natural resources as determined by the D.O.G.D.O.G.G.R under the provisions of the Public Resources Code. T. R-: "Idle well" means a well for which production has been suspended for a minimum of five consecutive years, except any well being held for future programs, including those being retained for use under a secondary or tertiary recovery plan or for disposal, which has been approved by the D.O.G.D.O.G.G. Fi but has not been abandoned or deserted as defined in this code and by the D.O.G.D.O.G.G.R. This definition does not apply to observation wells. U. ~.. "Lessee" means the party possessing the right(s) to drill, develop and produce oil, gas or other hydrocarbons from the subsurface of land with said right(s) being specifically conveyed by a written oil, gas, mineral or surface lease. ._V. ~.. "Lessor" means the party owning an interest in and to any oil, gas or other hydrocarbons as may be produced from a tract of land who has conveyed the right(s) to drill, develop and produce said substances to another party (lessee) by a written oil, gas, mineral or surface drilling rights lease. This party may or may not be the surface owner. IV. '~. "Maintenance" or "Maintain" means the upgrading, repair, cleaning, upkeep and replacement of parts of a structure and equipment. Maintenance of a structure ~ does not alter or lessen the character, strength, or stability of the structure. X. ~. "N.F.P.A." means the National Fire Protection Association. Y. W~. A "Noise sensitive receptor" is a land use associated with human activities which is particularly sensitive to noise. Examples of noise sensitive receptors include hospitals, libraries, schools, residential uses, and those uses deemed noise sensitive by the City Council, Planning Commission or Board of Zoning Adjustment. Z. ~. An "Observation Well" is a well bore for the purpose of observing petroleum reservoir characteristics, including but not limited to, temperature, saturation, pressure, and fluid movement, as recognized by the D.O.C. AA. ~. "Operator" means person, including corporations, partnerships and associations, whether proprietor, lessee, contractor, or agent or officer of the same, in charge of or in control of the drilling, maintenance, and operation of a well or wells as shown on the permit application. BB. ~. "Petroleum" means and includes any and all hydrocarbon substances found in a natural state, including but not limited to crude oil, natural gas, natural gasoline, and other related substances. CC. AA. "Petroleum lease" means a property right with respect to which a lessee enjoys the right to drill, develop, produce and possess petroleum resources for a determinable period. May also be referenced as a subsurface lease or mineral rights lease. DD. DD. "Production operation" means and includes all oil or gas recovery activities following completion of drilling, redrilling or testing of a well. S:~JENG\Titlel 5\UDC draft3Mraff3-amend 15-66.wpd January 9. 2002 3 EE. CC. "Public assembly" refers to a building, structure or site, or portion thereof, for the gathering together or accommodation of 50 or more persons for such purposes of deliberation, education, workshop worship, entertainment, lodging, medical care, amusement, drinking and dining, or awaiting transportation. FF. DD. "Redrilling" means any drilling operation, including deviation from original well bore, to recomplete the well in the same or different geologic zone, excluding sidetracking. GG. EE. "Remedial" means any work on a well, other than drilling or redrilling. HH. FF. "Sidetracking" means drilling, excluding substantial deviation from the original well bore to recomplete a well in the same or different geologic zone. /L CC. "Sump" means a lined or unlined, covered or uncovered excavation pit which holds petroleum or other liquids incidental thereto, or solids associated with drilling or production operations. JJ., ,, ,.'J" "Tank" means a structure or container, with a minimum volume of 60 ~Tallons. used in conjunction with either the drilling or production of a well used for holding, storing, or treating liquids or solids, or otherwise associated with drilling or producing operations. KK. ~ "Uniform Building Code" or "U.B.C." means the most recent edition of the Uniform Building Code as adopted by the City of Bakersfield. LL. JJ. "Uniform Fire Code" or "U.F.C." means the most recent edition of the Uniform Fire Code as adopted by the City of Bakersfield. MM. KK. "Well" means any hole drilled into the earth for the purpose of exploring for or producing oil or gas; injecting fluids or gas for stimulating oil or gas recovery; repressuring or pressure maintenance of oil or gas reservoirs; disposing of oil field waste fluids; seismic testing; or any hole drilled into the earth within or adjacent to an oil or gas pool for the purpose of observation of subsurface conditions. NN. LL. "Well servicing" means and includes remedial or maintenance work or work performed to maintain or improve production from an already producing facility. OO. MM. "Well site" means that surface area used for oil or gas drilling or extraction operations, for injection ~ purposes in enhanced petroleum recovery operations after drilling is completed and oil and gas recovery activities following completion of drilling or redrilling of a well. A well site may include one or more wells. 15,66,030 Permits, A. No person shall drill, operate or maintain any well or well site for petroleum, natural gas, or related drilling, nor operate or maintain any production operation without first obtaining a permit. Applications for drillin.q/production permits shall be made in writin.q to the Director of Prevention Services, or designee, on such forms as provided by the Director. Permits are classified as follows: S:~JENG\Titlel 5\UDC draft3\draft3-amend 15-66.wpd January 9, 2002 4 1. Class 1 - the well site and/or production operation is: (a) Within an area zoned for residential development; or (b) Located less than 500 feet from a dwelling except those for use by a caretaker or night security on the same parcel, or public assembly as defined in this chapter. 2. Class 2 - the well site and/or production operation is: (a) Within an area zoned for commercial, light manufacturing or open space, or (b) Located between 500 and 1,000 feet from a dwelling unit except those for use by a caretaker or night security on the same parcel, or public assembly as defined in this chapter, provided no well or related structure for production is located less than 500 feet from said uses. 3. Class 3 - the well site and/or production operation is: (a) Within an area zoned for general manufacturing, heavy manufacturing, or agricultural, or is within the primary floodplain pursuant to the restrictions in Section 15.66.030 B.I., or the secondary floodplain, provided no well or related structure for production is located less than 500 feet from a dwelling except those for use by a caretaker or night security on the same parcel, or public assembly as defined in this chapter; or (b) Located within the state approved boundaries of the following state designated oil fields as defined by the state D.O.G.D.O.G.G.R., regardless of the zone district or distance from dwellings or public assembly uses as defined in this chapter. (i) Kern River Oil Field ( D.O.G.D.O.G.G.R. Map 457). (ii) Kern Bluff Oil Field ( D.O.G.O.O.G.G.R. Map 439). (iii) Portion of the Fruitvale Oil Field encompassing Section 27, T29S, R27E, north of the Cross Valley Canal ( D.O.G.O.O.G.G.R. Map 435). three qu~ers ,.,f ,.,~,..,,.,, ,o 13 .=,nd,...,,'"A the o,.,,~,'-,v,~o, ...... quarter o,~ ~'~ "-"'"'"' '"'""='-'- "-' "' '"',v, p"'&- ''"'~ productloii operat:,oii proposed ............... I ............... be ....................-' -' --- be ................. respect Io .... '--- ' .... c~,, ,..,c, oo CFi~eFi& iii Section I ~' ':":' ^ ..... iR order to determine the~,~,~,,.,~, ,,:,,~ permit,.,,:,oo ..... and ............ ou L,,O~ U~l S:~JENG\Titlel 5\UDC draft3\draft3-amend 15-66.wpd January 9, 2002 5 An area zoned DI (Drillin.q Island District) zone or PE (Petroleum Extraction Combininq District) zone. B. Well sites and/or production operations shall be prohibited in the following areas in the city: 1. Primary floodplain of the Kern River, except that area located within the state approved boundary of the Kern River oil field as delineated on Map 457 of the D.O.G.D.O.G.G. FL ...... b theF' " ...... ' ~'-~I .... : ...."-~' ~ ....... ' ............. :---' ' ' - ........ Zo *rig ~: ......... ~ ~ ~ ' .......... ~,,., ~ ~,,~,,,~,,~, use perm;t ;s ~,~,,,~ bz the~, ~ ..... ~ ~,' a; ~.o,,,,~,,, ~.~.~.~ ~.,o.~,,, to "':'~ .....~' ......... '-' .............. ' : ....................... ' -u, ,,9'~e~ear;n-'~ ~ ' ~he permit ~hose by C. Drilling by conditional use permit. ^ --' .... :--- '-- -'-:":-- '--- -~ ........... /"%~J~.,/II~,~C;I 1.1~,.,~1 lO I~JI ~.JI IIIII I~:~1 ~,JI ~JUU~,LU, JI I ~J~;! I I IILO Class 1 permits shall not be issued until a conditional use permit is granted by the Board of Zoning Adjustment (B.Z.A.) pursuant to Chapter 17.64 (Modifications, Conditional Use Permits, Amendments and Appeals). Any conditions required under the conditional use permit shall be in addition to those imposed by this chapter for a Class 1 permit. The B.Z.A. may modify any condition set forth in the development standards and conditions if it determines that there will be no material detriment to the public welfare or safety of persons and property located within ~e~ a reasonable distance of such a well. 1_. In addition to the application requirements for a conditional use permit pursuant to pursuant to Chapter 17.64 (Modifications, Conditional Use Permits, Amendments and Appeals), an applicant shall also submit the following: a. A plot plan or site development plan drawn at the scale specified by the Planning Director, which includes the following information: i. Topography and proposed grading. ii. Location of all proposed well holes and related accessory equipment, structures, and facilities to be installed and any abandoned wells if such are known to exist. iii. Location of all existing dwellings and buildings used for other purposes, located within three hundred (300) feet of the proposed well holes, identification of the use of each structure, and distances between well holes and existing buildings. S:~JENG\Title15\UDC draft3\drafl3-amend 15-66.wpd January 9, 2002 6 iv. North arrow. b. Narrative description of the proposed development, including: i. Acreage or square footage of the property. ii. Nature of hydrocarbon development activity. iii. Description of equipment to be used, includin.q hei~qht of derrick. iv. Distance to all existing buildings. v. Phasing or development schedule. c_. A copy of the letter, or other official documentation, from D.O.G.G.R. containing the name and address of the operator of record, if any, as shown in D.O.G.G.R. records as of 30 days prior to the date the conditional use permit application is submitted to the Planning Department or a written statement from D.O.G.G.R. that there is no party of record with D.O.G.G.R. relative to the subject site. d. Additional information may be required, as part of an application for a Conditional Use Permit, as provided in Chapter 17.64 (Modifications, Conditional Use Permits, Amendments and Appeals). 2. Notice of the public hearing shall be expanded to include property owners within 1.000 feet of the property line containing the well site subject of the hearing and the operator of record as shown in D.O.G.G.R. records as of 30 days of the date of application for a conditional use permit. 3. If a producing well or service well is not commenced upon land subject to said conditional use permit within twelve (12) months from the date of issuance of the conditional use permit, or within any extended period thereof, the conditional use permit shall expire and the premises shall be restored as nearly as practicable to its original condition. No permit shall expire while the permittee is continuously conducting drilling, redrilling, ' completing or abandoning operations, or related operations, in a well on the lands covered by such permit, where operations were commenced while said permit was otherwise in effect. Continuous operations are operations suspended not more than thirty (30) consecutive days. If, at the expiration of the twelve (12) month period, the permittee has not completed the drilling program on the lands covered by such permit, the ~ C-offfcfttssiofl Board of Zoninq Adjustment may, upon a written request of the permittee, extend the permit for the additional time requested by the permittee for the completion of such drilling program. S:~JENG\Title15\UDC draft3\draft3-amend 15-66.wpd January 9, 2002 7 4. Any permit issued pursuant to the provisions of this Chapter Section .15.66.030 (C) may be revoked or modified pursuant to Section 17.64.060 (H). D. The owner or operator of any well permitted by this chapter, shall provide the ~ Director of Prevention Services, or designee, a copy of the written notice to the D.O.G.D.O.G.G.R. of the sale, assignment, transfer, conveyance, or exchange by the owner or operator of the well within 30 days after the sale, assignment, transfer, conveyance, or exchange. In addition, the owner or operator shall also acknowledge that they have notified the new owner or operator of all existing terms and conditions of the city's permit. E. Modification to any standards in this chapter s,h~,ll may be approved by the B.Z.A. pursuant to the provisions of Chapter 17.64. F. Every permit issued by the Fire-Marsh~ Director of Prevention Services, or desi.~_nee, under the provisions of this chapter shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one year from the date of such permit. Before such work can be recommenced, a new permit shall be first obtained to do so, to determine if the permit classification as defined in Section 15.66.030(A) has changed. G. The Ffl'e-M-acsfl~ Director of Prevention Services, or designee, may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error on the basis of incorrect information supplied by the applicant which results in there being a violation of any ordinance or regulation or any of the provisions of this chapter. H. Any city official or employee for the purpose of reviewing a permit application, transfer of operation/ownership, complaint, compliance or any other investigation pursuant to the chapter, shall have the right to enter upon the premises for inspection provided they give prior notice of such to the operator. I. Wells,-wett sites and production operations established prior to September 19, 1992, shall be exempt from the provisions of this chapter. However, significant changes or modifications that necessitate new permits as required by the ~ Director of Prevention Services, or designee, or B.Z.A., shall be required to comply with the provisions of this chapter, or obtain modifications as permitted in Section 15.66.030(E). J. The city may impose fees to offset the costs associated with permit processing and condition monitoring pursuant to Chapter 3.70. K. Attainment of permits pursuant to this chapter does not relieve the applicant of the responsibility in obtaining permits as required by law from other local, state or federal agencies. All required Federal, State, County, and City rules and regulations shall be complied with at all times including, but not limited to, the rules and regulations of the following agencies: S:tJENG\Title15\UDC draft3~raft3-amend15-66.wpd January 9. 2002 8 1. Division of Oil, Gas and Geothermal Resources 2. City of Bakersfield Fire Department 3. Kern County Health Department 4. Regional Water Quality Control Board 5. San Joaquin Valley Unified Air Pollution Control District 15.66.040 Well site development standards. A. Class 3 Permits - development standards: 1. Setbacks. No petroleum well shall be drilled nor shall any storage tank and other production related structures be located within: (a) Seventy-five (75) feet of the right-of-way of any dedicated public street, highway, railroad or private street, or adopted specific plan line of any street or highway; (b) One hundred (100) feet of any building including dwellings, except buildings incidental to the operation of the well; (c) Three hundred (300) feet of any public assembly as defined in this chapter; (d) Twenty-five (25) feet of a storage tank or boilers, fired heaters, open flame devices or other sources of ignition pursuant to the U.F.C. 2. Fire Safety. All drilling and production activities shall be subject to all fire and safety regulations as required by the ¢-ice-Macshel Director of Prevention Services, or designee, pursuant to the U.F.C. Blowouts, fires, explosions and other life threatening or environmental emergencies shall be reported immediately to the Fire-Mamh~ Director of Prevention Services, or designee, and,.,.,.,.,.~."' "' '" D.O.G.G.R. 3. Division of Oil and Gas and Geothermal Resources. All drilling and production operations shall be subject to all regulations of the D.O.G. D.O.G.G.R. 4. Production Operations. For producing sites, only storage of hydrocarbon production, vapor recovery on storage vessels, dehydration and separation of produced hydrocarbon products and other processes associated with production are permitted unless otherwise required by the,.,.,.,.,.~."' '" '" D.O.G.G.R. All derricks, bo#ers, and other drilling equipment employed, pursuant to the provisions of this Chapter, to drill any well hole or to repair, clean out, deepen, or redrill any completed well shall be removed within ninety (90) days after completion of production tests following completion of such S:~JENG\Title15\UDC draft3\draft3-amend 15-66.wpd January 9, 2002 9 drilling or after abandonment of any well, unless such derricks, boilers, and drilling equipment are to be used within a reasonable time, as determined by the Pl~;~;h;,2 D:recto; Director of Prevention Services, or designee, for the drilling of another approved well(s) on the premises. 5. Signs. Signs relating to drilling and/or production operations shall be limited to directional and warning signs, and signs for identification of wells and facilities as required by the U.F.C. and D.O.G.G.R. to ensure employee and public safety. Signs not related to said operations shall be subject to the provisions of Chapter 17.60. 6. Sanitary Facilities. Sanitary toilet and washing facilities shall be installed and maintained at any well site and/or production operation where personnel are stationed pursuant to the Kern County Health Department. 7. Equipment Storage. There shall be no storage at the well site of material, equipment, machinery or vehicles which is not intended for prompt use in connection with petroleum operations. Any equipment or machinery not used for a consecutive period of more than 60 days shall be removed from the site unless a longer period is approved by the ,'C+re-Marsh~ Director of Prevention Services, or designee, or the zone district in which it is located permits such storage. 8. Derricks. Drilling derricks, if idle for a consecutive period of more than 60 days, shall be lowered and removed from the site unless a longer period is approved by the Fire~Mamh~ Director of Prevention Services, or designee. Any derrick used for'servicing operations shall be of the portable type, unless proof is provided that the well is of such depth or has some other characteristics such that a portable type derrick will not properly service such well. In that instance, the P:~nn~ng ~,,, =,.,,.,, Director of Prevention Services, or desi_cinee. "'"" ~ ,,,,,, may approve the use of a standard type of derrick. 9. Grading and Drainage. Unless otherwise required by the State Department of Fish and Game or the U.S. Fish and Wildlife Service for those areas that they deem environmentally sensitive, well sites, including vehicle parking and maneuvering areas, shall be graded in a manner so that ponding will not occur. Within ninety (90) days after any well has been placed in production, or after its abandonment, earthen sumps used in drilling and/or production (unless such sumps are to be used within a reasonable time as determined by the P:&nn:ng D,:,~ctor Director of Prevention Services, or desi~lnee, for the drilling of another well) shall be filled and the drilling site restored as nearly as practicable to a uniform grade. Normal wetting or other dust control procedures shall be employed throughout the grading period to control dust. Upon completion of grading, the site shall be compacted and all graded surfaces either paved, covered with gravel of ag-base, treated with a dust binder, or other method approved by the F~-e-Mal'S+~ Director of Prevention Services, or designee. The Regional Water Quality Control Board ma}/have some jurisdiction relative to drainage and water quality. S:~JENG\Title15\UDC draft3\draft3-amend 15-66.wpd January 9, 2002 1 0 10. Waste. Drainage containing drilling muds, cuttings, wastewater, waste oil, grease and other oil field wastes found to be hazardous associated with drilling and/or production including servicing, shall not be discharged into or upon any streets, canals, storm drains or flood control channels. These wastes shall be contained in leak-proof containers, lined earthen sumps or other method as approved by the State Regional Water Quality Control Board, to prevent contamination of potable groundwater supplies. Waste areas shall be cleaned at intervals as required by the Fire ,"vfa,'s,~a/ Director / of Prevention Services, or designee, with all wastes disposed of at an appropriate authorized disposal site as regulated by the State of California. a. Disposal of nonhazardous oilfield liquid waste, 2,,-,d production water and USEPA Class II wastes is considered an accessory facility only if the facility complies with the following: i. The nonhazardous oilfield liquid waste or production water is produced and disposed of within the same designated oilfield; or ii. The nonhazardous oilfield liquid waste or production water disposed of outside the designated oilfield of origin is produced by and disposed of solely and only by the same individual, corporation, or entity. 11. Light and Glare. Lighting shall be limited to that necessary for safety and security purposes and shall be directed away from adjacent properties and road rights-of-way. All flares shall be shielded from adjacent properties and road rights-of-way. 12. Blowouts. Protection against blowouts shall be provided in accordance with the ~,.,.,.~.~' '" ~' D.O.G.G.R. and U.F.C. 13. Storage Tanks. Storage tanks shall be in accordance with the D.O.G. D.O.G.G.R. and U.F.C. Whenever oil or gas is produced into and shipped from tanks located on the premises, such tanks, whenever located within five hundred (500) feet of any dwelling or commercial building, shall be surrounded by shrubs or trees, planted and maintained to provide attractive landscaping or be fenced in such a manner as to, insofar as practicable, screen such tanks from public view. Such fencing shall comply with the requirements of D.O.G.G.R. 14. Height. The height of all pumping units, excluding derricks, shall not exceed a height of thirty-five (35) feet. All other structures shall be regulated by the zone district in which they are located. All heights of structures shall comply with Part 77 of the Federal Aviation Regulations of the Federal Aviation Administration, Department of Transportation, or any corresponding rules or regulations of the Federal Aviation Administration, as amended. S:~JENG\Titlel 5\UDC draff3\draft3-amend 15-66.wpd January 9, 2002 1 1 15. Site Condition. The well site and all associated structures shall be maintained in a neat and clean condition at all times. Proven technological improvements generally accepted and used in drilling and production methods shall be employed as they become available if they are cost effective in reducing nuisances or annoyances. Pumping units and storage tanks shall be painted. Pumping wells shall be operated by electric motors or muffled internal combustion engines. 16. Air Quality. Flaring, venting and odor control shall be subject to the regulations of the San Joaquin Unified Air Pollution Control District, D.O.G.D.O.G.G.R and U.F.C. 17. Building Permits. Building permits, as required by the City Building Official, shall be secured for all permanent structures to be used in connection with the production and processing of hydrocarbon or related substances in conformance with the U.B.C. Electrical permits shall be required for all electrical connections for drilling and/or pumping units if electrical motors are utilized. 18. Vibration. Vibration from equipment shall not create a nuisance or hazard to nearby land uses. 19. Site Restoration. Site restoration shall commence within 90 days upon completion of all drilling and/or production activities or upon abandonment of the well site. Well abandonment will be conducted in accordance with the regulations of the D.O.G.D.O.G.G.R. Before final abandonment, all drilling/production equipment shall be removed from the site. Fences shall be dismantled, all signage removed, and the site regraded so as to break up impermeable surfaces and fill in all sumps to restore the site as nearly as practicable to a uniform grade. Temporary earthen sumps may be used for clean-out or remedial work on an existing well or other production facility. However, these sumps shall be filled and the site restored as nearly as practicable to a uniform grade within ninety (90) days after the clean-out or other remedial work is completed. The Re~Tional Water Quality Control Board has jurisdiction over sumps. Prior to filling of sumps, all waste shall be cleaned and disposed of at an appropriate authorized disposal site as regulated by the State of California. Waste cleanup shall be to the satisfaction of the Kern County Department of Environmental Health. The site shall be restored to the surrounding condition, or to the satisfaction of the State Department of Fish and Game or U.S. Fish and Wildlife Service for those areas that they deem environmentally sensitive. Site restoration activities shall be completed within 90 days of commencement. Failure of permittee to comply with the site restoration within a period of ninety days following the termination of any oil or gas exploration activity or the abandonment of an existing well shall be called to the attention of the permittee by a registered letter addressed to permittee at the permittee's address as shown on the permit application. If, at the end of thirty days after mailing of such letter no steps have been taken to comply with said provisions of this section, the city shall proceed to effect said restoration.. Permittee shall be liable for all costs incurred by the city and no additional permit shall be issued a permittee until payment of all such costs has been made. S:~JENG\Titlel 5\UDC draft3\draft3-amend 15-66.wpd January 9, 2002 12 20. Floodplain Development. The Rre-Mars-~ Director of Prevention Services, or des[c~nee, shall coordinate with the City Building Official to ensure wells drilled in the primary or secondary floodplain are consistent with the city's involvement in the National Flood Insurance Program and with the requirements of the State Department of Water Resources and Regional Water Quality Control Board. 21. Vehicles. All vehicle parking and maneuvering areas shall be treated and maintained with oiled sand or a similar dust binding material consistent with regulations of the local air pollution control agency. 22. Fencing. Permanent chain-link fencing a minimum of six feet but not to exceed eight feet in height with solid screening shall be installed encompassing the entire well site as approved by the Director of Prevention Services, or designee. At least three strands of barbed wire shall be mounted on top of the fence. This fence shall be constructed of chain link with wood or metal slats or other screening materials as may be " ' Director of Prevention Services, or approved by the Plar;niag ~,,, =,.,,.,, designee. This fencing and screening requirement shall apply only to those pump sites located within five hundred (500) feet of any dwelling or in an OS (Open Space) zone. Such fencing shall comply with the requirements of D.O.G.G.R. The front yard setback of the zone district in which it is located shall regulate the location of fencing. B. Class 2 Permits - development standards: 1. Class 3 Requirements. In addition to the followin.q development standards, Class 3 permit development standards set forth in Section 15.66.040 (A) shall apply to all Class 2 permits. ~II,,JIIL I~:;~;L III II~;I~::~IIL VVILII O~.,/ll~J O~,l~:;lllll~J o11(311 LJ~:; IIIOLC]II~I ~:~11~JIIl~,J(:]OOII I~:;~ LI t~.., barbed 'wire o,,o,, ~ r~ou~ted on tu~ ,:f the fence. The fror~t yard ......... ' "'- 9 _2. Off-site Improvements. Where adjacent properties are similarly improved, within 180 days of commencement of commercial production or one (1) year from the completion of drilling of any well on the well site, off-site improvements including street paving, curbs, gutters, sidewalks, and related dedications for such improvements shall be completed in accordance with the requirements of the City Public Works Director. 4_3. Noise. Noise levels from any drilling and/or production operation shall not exceed 65 dB(A). CNEL at the property line of a noise sensitive receptor, except in a case of emergency. Exterior noise levels generated by drilling, redrilling, or production operations shall be monitored as required by the City Building Official to ensure conformance to the noise level standards. The costs of such monitoring shall be borne by the operator conducting such operation. Records of the results of monitoring shall be maintained and provided to the City Building Official upon request. S:~JENG\Title15\UDC draft3~draft3-amend 15-66.wpd January 9, 2002 13 5_4. Pipelines. Pipelines utilized for all petroleum related operations shall be buried a minimum of three (3) feet below grade. C. Class 1 Permits - development standards: 1. Class 3 Requirements. In addition to the following development standards, Class 3 permit development standards set forth in Section 15.66.040(A) shall apply to all Class 1 permits. 2. Fencinq. A solid masonry wall a minimum of six feet but not to exceed eight feet in height of a color approved by the B.Z.A. consistent with adjacent or nearby development, shall be installed encompassing the entire well site. Any additional fencing required by the P__,.O.G.D.O.G.G.R. shall be inside the area enclosed by the wall. The front yard setback of the zone district in which it is located shall regulate the location of the wall. 3. Landscaping. Landscaping shall be required along all street frontages of the well site and around well site pursuant to Chapter 17.53.061 as required by the Board of Zoning Adjustment under the approved conditional use permit. Landscape and irrigation plans shall be submitted for approval to the B.Z.A. Landscaping shall be designed to camouflage the full height of petroleum related structures, with the exception of derricks, and create an aesthetically pleasing environment managed in a healthy condition. 4. Off-site Improvements. Where adjacent properties are similarly improved, within 180 days of commencement of commercial production or one (1) year from the completion of drilling of any well on the well site, off-site improvements including street paving, curbs, gutters, sidewalks, and related dedications for such improvements shall be completed in accordance with the requirements of the City Public Works Director. 5. Vehicle Routes. Vehicles associated with drilling and/or production in excess of three tons shall be restricted to those public roads specified by the City Public Works Director. 6. Work Hours. Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation, and other related work conducted on the well site shall be limited to between the hours of 7 a.m. and 6 p.m. Monday through Saturday, and prohibited on Sunday and all legal holidays, except in cases of fires, blowouts, explosions and other emergencies where the F+re-Mersh~ Director of Prevention Services, or desic~nee, and ,.,.,.,.,~. D.O.G.G.R. were notified. Drilling activities shall be permitted 24 hours a day. 7. Noise. No drilling, producing, or other operations (including workover operations) shall produce noise at the property line of a noise sensitive receptor in excess of the following standards, with respect to these basic reference levels: S:~JENG\Titlel 5\UDC draft3\draft3-amend 15-66.wpd January 9, 2002 14 BASIC REFERENCE LEVELS 7 a.m. to 10 p.m ............ 55 dB(A) 10 p.m. to 7 a.m ............ 50 dB(A) a. Noise measurements and acoustical analysis shall be conducted by a qualified acoustical consultant experienced in the fields of environmental noise assessment and architectural acoustics. All costs associated with said measurements and analysis shall be borne by the permittee. Frequency of monitoring shall be determined by the B.Z.A. b. All parts of a derrick above the derrick floor including the elevated portion thereof used as a hoist, shall be enclosed with fire-resistive soundproofing material. Such soundproofing shall comply with accepted A.P.I. standards and shall be subject to fire department regulations. All doors and similar openings shall be kept closed during drilling operations, except for ingress and egress and necessary logging, testing and well completion operations. Alternative materials or methods of soundproofing may be used, provided that such alternative has been approved by B.Z.A. The B.Z.A. may approve any such alternative if they find that the proposed material and method have equal sound proofing properties and fire resistive qualities to the aforesaid specifications. Either may require the submission of evidence to substantiate any claims that may be made regarding the use of such alternative. 8. Pipelines. Pipelines utilized for all petroleum related operations shall be buried a minimum of three (3) feet below grade. 15.66.050 Abandoned and idle wells. A. Abandoned wells. The surface area of the site shall be returned to its natural condition including but not limited to cleaning all oil, oil residues, drilling fluids, muds and other substances; leveling, grading or filling of sumps, ditches, and cellars including removal of all lining materials to the satisfaction of the D.O.G.D.O.G.G.R. The permittee shall also be responsible for repairing any streets, sidewalks or other public property that may have been damaged in connection with any operation on the site, except for ordinary wear and tear of said. improvements, to substantially the same or better condition as existed before operations commenced as determined by the City Public Works Director. B. Idle wells. Whenever a well becomes idle as defined in this chapter, the Fire ,Mars,h~l Director of Prevention Services, or designee, shall send notice thereof by registered mail, to the surface owner, mineral rights owner and lessee of land as shown on the latest equalized assessment roll of the county, and permittee, that a request to abandon the well will be sent to the,.,.,-,.,.~.r" ,-, ,-, D.O.G.G.R. unless operations are resumed or that the operator provides verification that the well is under the D.O.G's. D.O.G.G.R.'s idle well program. If there is no response to said notice within 90 days of the receipt of the notice, or the extension of time expires, the Fife-M'a~'h~ Director of Prevention Services, or desi.clnee, shall request the D.O.G.D.O.G.G.R. to commence abandonment proceedings. S:~JENG\Title 15\UDC draft3~draft3-amend 15-66.wpd January 9, 2002 1 5 C. Deserted wells. As defined in this chapter, the ~ Director of Prevention Services, or designee, may request that the D.O.G.D.O.G.G.R.. commence abandonment proceedings. 15.66.070 Enforcement. A. It shall be the duty of the Fh'e-Mamhat Director of Prevention Services, or des~nee, to enforce the provisions of this chapter. B. Any structure erected or maintained, or any use of property contrary to the provisions of this chapter shall be, and the same is, unlawful and a public nuisance, and the ~ Director of Prevention Services, or designee, in conjunction with the City Attorney shall immediately commence actions and proceedings for the abatement, removal and enjoinment thereof in the manner provided by law. Violators will be liable for all enforcement costs incurred by the city. C. This chapter may also be enforced by injunction issued out of Superior Court upon suit of the city, or the owner or occupant of any real property affected by such violation. D. Permits issued in conflict with the provisions of this chapter shall be null and void. 15.66.080 Development encroachment in petroleum areas. A. On-site petroleum facilities. Where a developer proposes to subdivide, rezone or otherwise develop property which contains existing drilling and/or production operations including disposal wells, the developer shall provide a plan showing how all existing petroleum related facilities will be protected and integrated into the proposed development so as said facilities will satisfy the development standards pursuant to this chapter. The developer shall also submit a plan of the ultimate use of the land after cessation of petroleum operations and abandonment of the wells. Any buildable lot containing an area which may not be built upon because of development standard compliance of the petroleum facilities shall be encumbered by the developer with a deed restriction specifying the area so encumbered and identifying the name and location of the well causing the encumbrance. If a final map is required, said ~ncumbr~,nce -'--" ~' ...... .,A.~ .............. :'~ '~'- ':--' m~p the subdivider shall record a covenant affecting all real property within the subdivision that is within 500 feet of the petroleum facilities. Said covenant shall disclose the existence and location of the petroleum facilities. The encumbrance or covenant shall be approved by the City Attorney prior to recordation. The covenant shall be recorded concurrently with the final map. B. Abandoned wells. Tentative maps, planned development and other development plans submitted to the City shall show the location of all wells drilled on the property. Prior to development of an area, any well shown as abandoned shall be accompanied by written verification from the D.C,.G.D.O.G.G.R. that the well was properly abandoned pursuant to their regulations. Any well thereafter abandoned shall also be accompanied by written verification from the D.C.G.D.O.G.G.R. Development shall be designed such that the City Building Official is satisfied that no structure will be built within 10 feet of any well that has been properly abandoned pursuant to D.O.C.D.O.G.G.R. requirements. Any lot or parcel containing an abandoned well shall be encumbered with a deed restriction specifying the exact location of such well and prohibiting any construction within said 10 feet area. Said encumbrance shall run with the land and be approved by the City Attorney prior to SAJENG\Tifle15\UDC draft3\draft3-amend 15-66.wpd January 9, 2002 16 recordation. If a final map is required, said encumbrance shall be recorded concurrent with the final map. The D.O.G.D.O.G.G.R., at their discretion, may also require that any abandoned well be uncovered, tested for leakage, require remedial work on leaking wells, and accurately located on the final map before said map is recorded. C. Drilling Isl~,'~ds Site. Lands may be reserved as part of a rezoning, subdivision or other development for future drilling and/or production operations as drilling isl~nds sites. Such sites shall be no less than two (2) net acres in size and have a minimum lot frontage and width of 305 feet, configured so that the proposed development and petroleum activities can be adequately buffered from one another, provide for adequate ingress and egress, and shall be accompanied with a plan of the ultimate use of the site after abandonment or decision not to pursue petroleum operations. If a final map is required, the subdivider shall record a covenant disclosing the existence and location of the drilling site. Said covenant shall be recorded to affect all real property within the subdivision that is within 500 feet of the drilling site. Said covenant shall be approved by the City Attorney and recorded concurrent with the final map. Future drilling and/or production operations shall be required to acquire necessary permits as well as satisfy all well site development standards pursuant to this chapter. S:~JENG\Titlel 5\UDC draft3\draft3-amend 15-66.wpd January 9, 2002 17 TITLE 16 SUBDIVISIONS 16.16.010 FILING. A tentative map (tract or parcel) for which approval is sought for any subdivision shall be filed as follows: A. Each subdivider shall file or cause to be filed such copies of the tentative map as may be required by the Planning Director with the Planning Director of the City of Bakersfield, California. B. Every person submitting a tentative map shall pay a processing fee as set by City Council resolution. C. The copies of the tentative maps shall be accompanied by a letter of transmittal from the subdivider or his authorized representative specifying all documents or papers being filed, including required information not shown on the map, and such other information and documentation as may be required by the Planning Director. D. Every person submitting a tentative map shall also submit 3 copies of a preliminary title report dated no more than 60 days prior to the subdivision application submittal date covering all easements, ownerships and title with respect to all lots or parcels of the subdivision, including mineral owners and lessees of record. E. Every person submitting a tentative map shall also submit 2 sets of postage prepaid, unsealed envelopes addressed to all mineral owners and lessees of record appearing on the title report, and as shown in the State of California Department of Conservation, Division of Oil, Gas and Geothermal Resources (herein this title referred to as D.O.G.G.R.) records as operator of record as of 30 days of the date of application of the tentative map. The applicant shall submit a copy of the letter from D.O.G.G.R. with the subdivision application. The letter from D.O.G.G.R. shall list said name of operator and/or lessee of record and their addresses as shown in D.O.G.G.R.'s records or a written statement from D.O.G.G.R. that there is no party of record with D.O.G.G.R. relative to the subject site. If the application includes a request for waiver of signatures as described in Section 16.16.040, the envelopes shall contain a copy of said waiver request. F. A request for waiver of signatures pursuant to Section 16.20.060 shall accompany a tentative map submittal. The request for waiver of signatures shall be in typed letter form addressed to the City of Bakersfield and shall describe the ordinance provisions under which the waiver of signatures is being requested and the nature and location of the project, including a tract or parcel map number and a clearly drawn location map of the project area. G. Every person submitting a tentative parcel map who desires consideration of deferral and waiver of any improvements in accordance with Section 16.32.080 shall submit a written request.which details what deferrals and waivers are requested for consideration with justification for each requested deferral and waiver. S: LIE NG i Title16-oiltUDC drafti1616010, wpd January 9, 2002 H. Every person submitting a tentative map who desires modification of standards required in Section 16.28 shall submit a written request for the modification. The request shall detail each substandard design feature, the applicable ordinance section, and justification for each request. A diagram showing typical setbacks and building envelopes may also be required. I. Every person submitting an Optional Design subdivision shall also submit a letter of justification. J. The subdivider shall specify in a statement the intent to file multiple final maps. K. Every person submitting a tentative map and requesting private streets shall make a specific request for each deviation, with a citation to the pertinent ordinance or standard requirement from which a deviation is requested and submit cross sections of the private streets and other appropriate details shown on the tentative map for all the requested deviations. L. Every person submitting a tentative map shall submit a completed "Indemnification Agreement" as allowed by Map Act Section 66474.9, in the form approved by the City Attorney. M. A tentative map submittal shall include a completed "Mitigation Measures Agreement" form, if applicable. N. Information set forth in Section 16.16.030 Which may not practicably be shown on the map shall be contained in a statement accompanying the tentative map. O. The applicant shall file a completed application for a tentative map, together with any required fees, preliminary title report and required data, information, and documentation. The determination of completeness shall be made by the Planning Director. S :~J ENG t Title16-oiI~UDC draflt 1616010. wpd January 9, 2002 16.16.060 PUBLIC HEARING. A. The Planning Director shall, not less than 10 days before the date of the hearing, give notice of the date, time, place of hearing, location of the property and the nature of the request including any request for waiver of signatures pursuant to Section 16.20.060 B. in the following manner: 1. By publishing once in a newspaper of general circulation in the City; 2. By mailing a notice, postage prepaid, to the applicant; to the owner of the property to be subdivided or the owner's duly authorized agent; to the owners of interests in mineral or hydrocarbon substances where combined with right of entry; and to lessees of mineral or hydrocarbon substances, using for purposes of notifying owners, mineral owners and lessees the names and addresses as shown on the preliminary title report required by Section 16.16.010 D. and shown on information required by Section 16.16.010 E.; to the owners of all property within 300 feet of the exterior boundaries of the property involved, using for these purposes, the names and addresses as shown on the last equalized county assessment roll; to each local agency (if not the City) expected to provide water, sewage, streets, roads, schools or other essential facilities to the project, whose ability to provide those facilities and services may be significantly affected; and any other person filing with the Planning Director a written request for notice. B. After notice as provided in subsection A, the advisory agency shall hold and conduct a public hearing. C. Following the public hearing, the advisory agency shall either approve, or conditionally approve, or disapprove the tentative map and shall take such action within 50 days after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, unless such time is extended by agreement with the subdivider. Where a subdivider has specified his intent to file multiple final maps at the time of filing a tentative tract map, the advisory agency shall consider and may impose reasonable conditions relating thereto. D. After the public hearing and decision by the advisory agency, the Planning Director shall, within 2 calendar weeks after the date of decision, return to the subdivider 1 copy of the map with the resolution setting forth the action of the advisory agency. E. At the same time the advisory agency shall designate the improvements which will be required under the provisions of this title and the dedications and irrevocable offers of dedication and the form thereof, which will be required under the provisions of this title and shall designate any other requirements lawfully authorized to be made. S:LIENGI Title 16-oiltUDC draft[ 1616060. wpd January 9, 2002 F. If multiple tentative maps covering the same parcel 'of property are filed at the same time, the action of the advisory agency shall relate only to one such map. For purposes of this subsection, a lot line adjustment or parcel map waiver does not constitute a different tentative map. G. The decision of the advisory agency shall be subject to appeal as provided in this title. $:[JENGI Title 16-oiAUDC draft11616060, wpd January 9, 2002 16.20.060 STATEMENTS OF PARTIES HAVING RECORD TITLE INTEREST. A. A statement, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final tract map is required, except as omitted pursuant to this section. B. The signatures of each party owning a recorded interest in, or right to, minerals, including but not limited to, oil, gas, or other hydrocarbon substances, not including lessees of such rights, shall be required unless his name and the nature of his respective interest are stated on the final map and the advisory agency determines, or on appeal the City Council finds, at least one of the following applies: 1. The party's right of surface entry has been expressly waived by recorded document, including, but not limited to quitclaim deed and/or reservation. 2. The party's interest is less than 20% of the mineral interest estate and the signature or express waiver of right of surface entry by recorded document, including, but not limited to, quitclaim deeds and/or reservations of one or more parties having a combined interest of more than 50% of the mineral interest estate has been obtained. 3. At least 30 days prior to the date of hearing on the tentative map, the subdivider has given written notice, by registered mail or if impracticable as determined by the Planning Director, by publication once in a newspaper of general circulation. a_. Notice shall be ~Tiven to each mineral owner and lessee of record who has not waived his right of surface entry underlying the subdivision as set forth in the preliminary title report required by Section 16.16.010 D. and as shown in D.O.G.G.R. records as operator of record as of 30 days of the date of application of the tentative map. b. Said notice shall include a statement of intent to reserve a drill site or sites as defined in Section 15.66.080 C. of the Municipal Code on or within a practicable distance of the subdivision map as determined by the advisory agency, and as to which the owner of the mineral interest had a right of access and use, is or has been reserved and is delineated and labeled as such on the approved tentative map for the subdivision or, if outside the boundaries of the subdivision, is specifically described on the approved tentative map. Said notice shall also include the nature and location of the project, including a tract or parcel map number and a clearly drawn location map of the project area, and the tentative date, time and place of the hearing. $.'L/ENGI Title 16-oitIUDC draft11620060, wpd January 9, 2002 c_ A copy of the notice and proof of mailing shall be provided to the Planning Director within 10 days of the mailing/publication date. The advisory agency may require the subdivider to install a wall or fence and landscaping around any or all reserved drill sites and that adequate provisions be made for maintenance thereof. Approval by the advisory agency of a reserved drill site shall constitute approval to drill thereon upon compliance with all conditions and mitigation required under other applicable regulations and processes. Such reservation shall remain in effect for a period not less than 10 years from approval of the tentative map. The commencement of drilling and/or extraction of minerals upon that site shall automatically extend the 10 year time period until operations on the drill site are properly abandoned to the satisfaction of the Division of Oil and Gas. If no drilling and/or extraction of minerals occurs on the drill site within 10 years and the surface fee owner has provided notice and documentation as required in Section 16.20.060 B.4., or upon the Planning Director receiving proof of well abandonment to the satisfaction of the Division of Oil and Gas, the surface fee owner may apply for tentative map approval on a drill site(s) or, by written correspondence to the Planning Director, may request that the Planning Commission conduct a public hearing to consider the filing of an amending map to remove the drill site(s) reservation designation from the final map. Said request shall be processed as an amending map in accordance with Section 66472.1 of the Map Act. Said request shall include a preliminary title report covering all easements, ownerships and title with respect to the drill site parcel(s), including mineral owners and lessees of record as set forth in the preliminary title report required by Section 16.16.010 D., and 2 sets of postage prepaid, unsealed envelopes addressed to all mineral owners and lessees of record appearing on the title report. Notice of public hearing shall be in accordance with 16.16.060. Prior to approval of an amending map to remove the drill site(s) reservation, the applicant shall either: present evidence to the satisfaction of the advisory agency as required under 16.20.060 B.4 that production of minerals from beneath the subdivision is improbable, or proof of well abandonment for operations on the drill site to the satisfaction of the Division of Oil and Gas shall be presented to the advisory agency. Notwithstanding the above, nothing shall prevent an amending map or tentative map from being considered by the advisory agency for purposes of eliminating the drill site(s) designation at any time if the subdivider has obtained waiver(s) of surface entry pursuant to 16.20.060 B.1 or B.2. S:~J ENG~ Title 16-o#IUDC draft~ 1620060. wpd January 9, 2002 4. At least 30 days prior to the date of hearing on the tentative map, the subdivider has given written notice by registered mail, or if impracticable as determined by the Planning Director, by publication once in a newspaper of general circulation, to each owner of record of mineral rights and each mineral lessee of record as set fodh in the_ preliminary title report required by Section 16.16.010 D. andas shown in D.O.G.G.R. records as operator of record as of 30 days of th~ date of application of the tentative map. who has not waived his right of surface entry underlying the subdivision, of intent to make the showing provided for in this subsection, and has presented at the hearing competent, technical evidence establishing to the satisfaction of the advisory agency that production of minerals from beneath the subdivision is improbable. Said notice shall also include the nature and location of the project, including a tract or parcel map number and a clearly drawn location map of the project area, and the date, time and place of the hearing. A copy of the notice and proof of mailing shall be provided to the Planning Director within 10 days of the mailing/publication date. C. The provisions of subsection B. of this section shall be applicable to any final parcel map unless each parcel created thereby has a gross area of 20 acres or more. D. The provisions of subsection B. of this section shall not be applicable to any tract map or final parcel map which further subdivides property which has been previously subdivided and to which the requirements of subsection B. were applied at the time of the previous subdivision, unless said tract or parcel map proposes subdivision of a drilling site. E. For purposes of subsection B. of this section, a party's ownership of a fractional portion of an undivided interest in minerals shall be considered a separate interest in the mineral estate. For example,.ownership of 1/100th's of a ¼ undivided interest in the mineral estate shall be considered ownership of ~% of the mineral estate. S:~J ENG~ Title16-oiI~UDC draflt1620060, wpd January 9, 2002 16.28.170 LOTS. A. Lot Sizes. All residential lots shall have a minimum net area as described in Title 17 of the Bakersfield Municipal Code. B. Lot Frontage. All residential lots shall have a minimum street frontage of 55 feet except as follows: 1. The minimum street frontage for interior one family dwelling lots in an R-2 zone shall be 45 feet. 2. The minimum lot frontage for corner lots shall be 60 feet except for one family dwelling lots in an R-2 zone where it is 50 feet. For purposes of measuring frontage on a corner lot with a radius return, the distance shall be measured from the point of intersection of the extensions of the street side property line and the front property line. 3. Cul-de-sac or Elbow lot: 35 lineal feet as measured along the arc. 4. Flag lot: 20 feet. 5. Drill site required pursuant to Section 15.66.080 C: 305 feet. C. Lot Depth. The lot depth is the length of a line that bisects a lot from a point on the front property line measured half way between the side property lines to a point on the rear of the property. The minimum depth for residential lots shall be 100 feet, except as follows: 1. The minimum depth for a lot with a rear yard abutting agricultural or residential suburban zoned property shall be 140 feet. 2. The minimum depth for a lot with a rear yard abutting a freeway or railroad right- of-way shall be 120 feet. 3. The minimum depth for a one family dwelling lot in an R-2 zone shall be 90 feet except as required in subsection C., 1. and 2. S:tJENG I Title 16-oillUDC draft11628170, wpd Januan/ 9, 2002 D. Lot Width. The lot width is the length of a line between side property lines that is the perpendicular bisect of the lot depth. The minimum width for residential lots shall be 55 feet on interior lots and 60 feet on corner lots, except as follows: 1. The minimum width for a lot with a side yard abutting agricultural or residential suburban zoned property shall be 100 feet. 2. The minimum width for a lot with a side yard abutting a freeway or railroad right- of-way shall be 85 feet on interior lots and 90 feet on corner lots. 3. The minimum width for a one family dwelling lot in the R-2 zone shall be 45 feet on interior lots and 50 feet on corner lots except as required in subsection D., 1. and 2. 4_ The minimum width for a drill site required pursuant to Section 15.66.080 C shaft be 305 feet, unless otherwise approved by the Planninq Commission in accordance with Section 16.28.170 0.. S.'LIENGI Title 16-oilIUDC draftl 1628170. wpd January 9, 2002 Chapter 17.46 Draft #2 Dm DRILLING ISLAND DISTRICT Sections: Chapter page 17.46.010 Purpose and intent ............................................... 2 17.46.020 Permitted uses .................................................. 2 17.46.030 Reserved" ....... ~,~,,,,,~u vv,., use permit 3 17.46.040 Reserved "'--'-"~-"'--' uses 4 17.46.050 Minimum lot size ................................................ 4 17.46.060 Reserved ~'=-" .... '-' ,'~re~', per" .... "= ..... "' 5 17.46.070 Reserved Y~rds and --'~---"- 5 17.46.080 Reserve~ ........................................... 5 17.46.090 Reserved ~':-: .... d:,st~ce ~' .................... 5 17.46.100 Reserved ~ ............................................... 6 17.46.110 Reserved-Signs ................................................. 6 17.46.120 Special review procedures and development standards .................. 6 S:~JENG\Tide 17-oiI\UDC draft-2~Ch 17.46.wpd ~o/~7~ Page 1 of 6 Proposed Ordinance Amendment Staff Comment 17.46.010 PURPOSE AND INTENT. The purpose of the Drilling Island (DI) District is to Delete text that limits designate single lots and discrete areas within the application of DI zone to boundaries of final map subdivisions and mobile home those outlying areas that parks that contain productive or potentially productive may be annexed to the petroleum resources to allow mineral access to explore City after 1998. for and develop such resources and to promote the development of such resources in a manner compatible Deletion of text allows with surrounding development. Uses in the DI District application of DI zone are limited to oil and gas exploration and development, city-wide. production, storage, transmission, and treatment, and any accessory or ancillary equipment, structure, or facilities thereto and compatible open space and passive recreational uses. The ......... es and .... -' .... conla'r~ed :- .L.:_ ,'-~. ...... ~._,, ___, ..... ,, ....,__ · '": ............ :-- -' :'- ~'-~- .... ' '-" ........ after 17.46.020 PERMITTED USES. The following uses are permitted in the DI District: A. Oil or gas exploration and development, production, storage, transmission, and treatment, and any accessory or ancillary equipment structure or facilities thereto, pursuant to the provisions herein _, oA_,: .... ~ .... u-.,~,,~,,.,~,, ,~, ,,. Standards and,.,,.,, .......... ,,.,,,..,,.,, ,o). B. Subdivision drainage sump, as part of an application for a tentative tract map, provided that mineral rights owners have given written consent. S:UENG\Title 17-oiI\UDC draft-2~Ch 17.46.wpd lo/17~l Page 2 of 6 17.46.030 RESERVED This Section is not , it.r-c, ~--n. ~,-r-rr-r-. ~^~,~, , ^ needed. Permitted uses ~../~...)L_~.~ I--~[~lVll I I ~1../ VVl I I I r.r-,k,r-,,~,,~k, ^, ~ ,c,r- ~r-n~ A,~- are listed in Section ~,v,.~ f .J,.~- u~ r-~_r-,~v~, ,. 17.46.020. Prohibited Uses are covered by ~ Chapter 17.64 ~ Modifications, ,. ,-,,,y ca,.,, ~,o,,, o,,o,, o~ ~,,=oo,v~ ~,., conditional Use Permits, ,,,,,,,~,~ ,,., ,,~, ,~,°,.o~,ng, Amendments and ~,,,., ,,,. ,,=~,,~o ,~, ,,~,,~, ~,,=, ~,~.u~ ,,~.,,,.~o. Appeals ~1 ~l L~ OI I011 ~G ~lV~l I I I~tlll~OLl~l I ~,~ ~ u,w,, a copy of '~-,, ,= draft pFOViSiOGS u~ u~u ~y o ~,,,, the ~,uv,~,u,,. u, Section ~,, .uuu.uuu S:'dENG\Title 17-oil\U DC drafl-2'~h 17.46.wpd fo~7/o~ Page 3 of 6 F,,/I ~,/F,/T~I Ly 01 lC;Ill IJT~ ~:JlVt~l I I I~LIII~LI~II ~II~LI~II I~1 ~ ~il~lLl~ll~l UO~ ~lllliL ill ~10~ ~ ~lv~[I ~ ~U~ ~1 LIi~ UI~IL w,,,, t,,~ provisions ~, ,,,~ ~,ty ~ Local 17.46.040 RESERVED This Section is not n~,". ~n,~-r-, ~.~-~ needed. Prohibited r r~,,..,, ,,u,, -~., ,_,,.~-,.~. Uses are covered by ..... ,_ ...................... ~. ....... ~-~ ,~_ ~,.~,~ Chapter 17.64 /--~11 ULII~;IUO~;O IIUL ~JC;;IIIIILL~:;UIJ~ ~7~::;~,,~LI~JIIO I I ,,-, ....... ~ ....., ~ .~ .~ ,, ,_~ ~ ..... ,~ ...:,. Modifi~tions, ~__~:.:___,, ,__ ~___:., _..~:_ ~ ..... =_,...: .....~. conditional Use Permits, ~,,~,,,~,,~, ~o= .=,,,,,,] ~, ,,,,o ~,,~,=,, ,,,~,u~,,,~ ,~o Amendments and ROt ..... : ...... ' ~O0~I~L~U VVlLI I ~ ~11 I IILL~U ~ ~1 ~ ~l ~111~IL~U i~ U I~ ~, ~ ..... Appeals. 17.46.050 MINIMUM LOT SIZE. No portion of any lot within the DI District shall contain less than 2~ gross acres in size, shall have a minimum width of 305 feet and shall demonstrate that all set-back requirements can be accommodated internally within such lot. 17.46.060 RESERVED ,,,,,,,~, ,,~, , ,",-,- ^,-,,-^ Redundant text. ,v,,,~,,v,~,,v, -v, m,~-m r-,~^,r-, , ,,,,c, , ,,,,,~ Permitted uses are listed t.,vv-~_-,,.~,o u,,~,,, under Section 17.46.020. Dwellings are ,,,=, = ,o ,,,~, =,~u,, =,,,=, ,, ,,~, ,,,,, ,,,,,,~,,, ,~,, ,=, =,= u=, not listed as permitted S:~JENG\Titlc l 7-oiI\UDC dr,~fi-2~Ch 17.46,wpd ~o,~ Page 4 of 6 17.46.070 RESERVED Redundant text. ...... , ....................... ......... _, .~. ............. are referenced in 17 46 080 RESERVED '"-"-" '~- ' '~'-'-"' · · I ILIUI I I LIIVII I O, [ I~Ik,jI[LO [III[ILO {~ Ul~ LJI t~IOLII~.,L C]I~ ~0 ~; Redundant text. ,, , ...... -,---: ...... -, --- ...... : ........., Development standards -,..-:-- -- ..... , .... : ....-, -,-:,,:-- -~- .... · are reference in Section UUllll~ tll~; ~;^~JI~JI~ILIUII C]IIU ~JIIIIIll~ ~JIIC~C ~ 17.46.120 / Chapter 15.66. 17.46.090 RESERVED ~'""'~' '~' Redundanttext. are reference in Section 17.46.120 / Chapter 15.66. 17.46.100 RESERVED RARK-INC~ Redundant text. Development standards are reference in Section There .... ' ' - ............ ----, .... : ........ :,: ................................,-:-,~ 17 46 120 / Chapter ........... · ...... ~--,, ........ -, ~-., 15 66 I~a[~,l],~[ c,l[u {T~ReUVeFiiNg a]~ao Olla], nc: u~atc:u allU · · S AJENG\Tide 17-oiI\UDC dra ft-2~Ch 17.46.wpd ,o/,vo~ Page 5 of 6 17.46.110 RESERVED °'~'"'° .........-, ...:,,- ........ : ....... · · ,'-~- ...... -, =,~. Redundant text. Development standards ~,: .... : ...............:-- -: ........... :,:--,:-. are reference in Section -: ........... ., ....... ,--, 17.46.120 / Chapter o,u, ,0, not ,u ...,.~,., 2 ouuo,. ,~, each in ............. :"- "-- prov:,s:,ons of Section 15.66. Temporary ,~., **.... signs.~v., .......... ,,.,, ,g the ........ ' ....' .................. "~ ~ square 17.46.120 SPECIAL REVIEW PROCEDURES AND DEVELOPMENT STANDARDS. All drilling and other hydrocarbon development activity in Revision refers tO' the DI District shall be carried out in accordance with the applicable development standards and procedures set forth in Section 15.66.040 standards for Class 3 A. I" "" "'" ,r-, .... , ....., o,__.,__.,_ ,-,__.,:,. ~, ~.I,L;; .Li"~'L; ~I./~:V~;IU~JI I I~;I IL ~.~LC3I lUCll UO and __ ~,ul luldono/, permits. S:'dENG\Titlc I 7-oiI\UDC draft-2~h 17.46.wpd ~o/~o~ Page 6 of 6 DRAFT # 2 Chapter 17.47 PE PETROLEUM EXTRACTION COMBINING DISTRICT Sections: Chapter page 17.47.010 Purpose and intent ............................................... 2 17.47.020 Permitted uses .................................................. 2 17.47.030 Uses permitted with a conditional use permit ........................... 3 17.47.040 Reserved P~hibffed~ ......................................... 4 17.47.050 Minimum lot size ................................................ 4 17.47.060 Minimum lot area per dwelling unit ................................... 4 17.47.070 Yards and setbacks .............................................. 5 17.47.080 Height limits .................................................... 5 17.47.090 Minimum distance between structures ................................ 5 17.47.100 Reserved Par-Fm~ ............................................... 6 17.47.110 Reserved ~ ................................................ 6 17.47.120 Landscaping ................................................... 6 17.47.130 Special review procedures and development standards .................. 6 S:~J ENG~ Title 17-oiI~UDC draft-2~Ch 17.47. wpd January 9, 2002 Page 1 of 6 Proposed Ordinance Amendment Staff Comment 17.47.010 PURPOSE AND INTENT. The purpose of the Petroleum Extraction (PE) Combining Delete text that limits District is to designate lands containing productive or application of DI zone to potentially productive petroleum resources to promote the those outlying areas development of such resources in a manner compatible that may be annexed to with surrounding development. The PE District may be the City after 1998. applied only to those areas that are zoned Estate (E), Residential Suburban (R-S), Professional and Deletion of text allows Administrative Office Zone (CO), Neighborhood application of DI zone Commercial (C-1), or Regional Commercial (C-2). The city-wide. uses allowed and the regulations established by the PE District shall be in addition to the regulations of the base district with which the PE District is combined. Yhe 17.47.020 PERMITTED USES. The following uses are permitted in the PE District: A. Wells for the exploration and development, production, storage, transmission, and treatment, and any accessory or ancillary equipment, structure, or facilities thereto, of oil, gas, or other hydrocarbon substances if the well(s) are located more than 300 feet away from any existing dwelling or existing building utilized for commercial purposes, excluding those premises utilized solely for storage of equipment, material, household goods, or similar material. S:LI ENG~ Title 17-oiltUDC draft-2iCh 17.47. wpd January 9, 2002 Page 2 of 6 B. Deepening or redrilling, within the existing well bore, of any well used for the production or development of oil, gas, or other hydrocarbon substances, or the replacement of any production facility which did not require a conditional use permit on the date drilling began or the date the facility was installed. C. Drilling of a replacement well when the original well did not require a conditional use permit, and when the original well has been abandoned in accordance with California Division of Oil, Gas and Geothermal Resources regulations and drilling of a replacement well commences within 1 year of the conclusion of abandonment procedures, and the replacement well is located within 20 feet of the original well or is farther from any existing dwelling or commercial building than the original well. D. Uses permitted by the base district with which the PE District is combined. 17.47.030 USES PERMITTED WITH A CONDITIONAL USE PERMIT. ULJLCIll III I~:J C:311 CI~,;~JI LJV~;;~J L.,SJI I~JILIUI I01 U~t::; JJt::;I I I ill F JUl OUOI IL ,~, ,-., ,o~,,~, ,, .,,-. u~,,.,~,,,,.o,,,., ,o, ,..,,, ,,~,,,,.,, ,,~, CondJtJonal Use PermJts ·~,,,,,,o, ,-,,,,~, ,u,,,~,,,o 8nd Appeals): are covered by Chapter 17.64 Modifications, While any use may be permitted by conditional use conditional Use permit pursuant to Subsection B of Section 17.64.020, Permits, Amendments the followinq uses are not permitted in the PE zone and Appeals. Text except by conditional use permit issued in accordance with the procedures provided in Chapter 17.64 of this revision reflects similar title: wording relative to CUPs used for other A. Wells for the exploration and development, zones. production, storage, transmission, and treatment, and any accessory or ancillary equipment, structure, or facilities thereto, of oil, gas, or other hydrocarbon substances if the well(s) are located within 300 feet of any existing dwelling or existing building utilized for commercial purposes, excluding those premises utilized solely for storage of equipment, material, household goods, or similar material. S:IJ ENGi Title 17-oil~UDC draft-2tCh 17. 4 7. wpd January 9, 2002 Page 3 of 6 B. Conditional uses permitted by the base district with which the PE District is combined. 17 47 040 RESERVED ,-,r-,,--,, ,,~,-rr-r', ,,or-c, This Section is not needed. Permitted uses ,,,, ...... ,,- ........... ,, .~ ,... "'--A,:A-- ~--, ~ ', ,~'~, are listed in Section ~r ~,,,,,,,~,~ ,_,o~oj ~,,,~ I-' "-' ~"~' ' ............. -~ .-.:,,- 17 47 020 Prohibited '" ..... : ............. : .... ' ,~-- ~--- Uses are covered by -~: ......... :,,- .... :_,. ,,._ ,-,,- r-,:_,_:_, · .... :--'~ : ..... ":- Chapter 17 64 ......... : ..... :"- .... :"--~ ...... ~-:,-:,--, Modifications a-PE-E~.-h%~ conditional Use Permits, Amendments and Appeals 17.47.050 MINIMUM LOT SIZE. Minimum lot size requirements in a PE District are per the Drilling & well sites are requirements of the base district with which the PE District subject to development is combined. '---'- ' · · ,_,=,~,, PE,.,,o,-': ....... ,,~, o,"-",~,, ,~,.,, .... ,,~,,:-, ~ minimu,~ 10 standards of BMC C~R u~ ~ccom~odated. 17.47.060 MINIMUM LOT AREA PER DWELLING UNIT. Requirements for minimum lot area per dwelling unit in a PE District are per the requirements of the base district with which the PE District is combined. 17.47.060 MINIMUM LOT AREA PER DWELLING UNIT. Requirements for minimum lot area per dwelling unit in a PE District are per the requirements of the base district with which the PE District is combined. S:!J ENGi Title 17-oillUDC draft-2iCh 17.47. wpd January 9, 2002 Page 4 of 6 17.47.070 YARDS AND SETBACKS. Yard and setback requirements in a PE District for are-as · ~- -:-~' -' ....... · ....... :-,: .............. ~,: Development standards Chapter 15.66. ~ alJ uses permitted by the base district, except for drilling, shall conform to the yard and setback requirements of the base district with which the PE District is combined. 17.47.080 HEIGHT LIMITS. Height limit requirements in a PE District fo~~: Redundant text. Development standards ~ ~' ....... : ...... ~ ......... : ..............:- are referenced in · ~ ..... , .... : ..... ~-:,,:-- -~ .... · ............ Section 17.47.130 / Chapter 15.66. "' ^" -'"-' by ,-,. ,-,,, ,.,,, ,=, uses all uses permitted the base district, expect for drilling, shall conform to the height limits of the base district with which the PE District is combined. 17.47.090 MINIMUM DISTANCE BETWEEN Redundant text. STRUCTURES. Development standards are referenced in Section 17.47.130 / Requirements for minimum distance between structures in a PE District fora~m-fo~,w~ Chapter 15.66. ~ all uses, except for drillinq, shall comply with the base district with which the PE District is combined. S:iJENGi Title 17-oiliUDC draft-2[Ch 17.47. wpd January 9, 2002 Page 5 of 6 17.47.100 RESERVED requirements in ~r~-nr- ~,o~,~.~ 8re ~o ,u,,uvvo. Redundant text. ~ .... : ........................ : ......'~- ~ ~,~,,.~..n~v~~* standards ~-:": ................... -- ' :': ........ :~-~ .......... referenced in MI IIIII I~ QI IU ~1 UMUbtlUI I O~tlVltI~O~ ~1 UVlU~U~ I IUVV~V~I ~ ama '~-' -" .... :-' .... '-: .... ~ ..........: ....... Section 17 47 130 / -~-" ~ ............. :-'-:--~ '-':'~ -:'-~ ....... Chapter 15 66 ~,, other uses .... :"-" ,,,. uooo UlO[llbt OIlOII 17.47.110 RESERVED SIGNS-:. Redundant text. Development standards are referenced in Section 17.47.130/ 1 5.66. t.,napter 17.47.120 RESERVED ,^,,,r-,o~,^r-,,~,,-, Redundant text. , ...... ,~ :__ .... .: ...... , :_ _ ,.-,,- ,-,:_,,: ........... Development standards m-c~mbined~ Section 17.47.130 / Chapter 15.66. 17.47.130 SPECIAL REVIEW PROCEDURES AND DEVELOPMENT STANDARDS. All drilling and hydrocarbon development activities in a PE Revision refers to District shall be carried out in accordance with the applicable development standards and procedures set forth in Section standards for Class 3 15.66.040 A. ~ ~ ~-'. ,.,,,.,"' .......................... ,..,,o, o. ,,~'~ permits ~ tJ~:~ v ~;lU~l I I~;] ii. lUCli U~, S:lJ ENGt Title 17-oilt UDC draft-2tCh 17. 4 7. wpd January 9, 2002 Page 6 of 6 Bakersfield Municipal Code - Title 17, Zonin$ Ordinance Mods, CUPs, Amendments and Appeals Chapter 17.64 Draft # 2 MODIFICATIONS, CONDITIONAL USE PERMITS, AMENDMENTS AND APPEALS 17.64.050 HEARINGS- NOTICES. A. Upon the receipt in proper form of a complete application for a modification, conditional use permit, or zone change, along with the fee adopted pursuant to Section 3.70.040, the Planning Director shall fix a time and place of public hearing thereon in the following manner: B. Not less than 10 days before the date of such public hearing, notice of the date, time and place of hearing, along with the location of the property and the nature of the request shall be given in the following manner: 1. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant. 2. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency (if not the City) expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. S:~JENGI Title 17-oillUDC draft-21Ch 17. 64. wpd ~ ~; ~ ~?' ,~ '~ January 11, 2002 ;~~ 3. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or subsection B.1 is greater than 1,000, in-lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least 1/8th page in at least one newspaper of general circulation within the City at least 10 days prior to the hearing. Notice of hearing upon each application for a conditional use permit to allow drilling for and production of petroleum pursuant to Chapter 15.66 shall be mailed to such owners of all property within 1,000 feet of the property line containing the well site, and to the mineral owner as shown on the latest equalized assessment roll of the real property that is the subject of the hearing, and the production operator and/or lessee of record of subject real property as shown in the State of California Department of Conservation, Division of Oil, Gas and Geothermal Resources (herein D.O.G.G.R.) records as of 30 days of the date of application of the conditional use permit. The applicant shah be responsible for obtaining the operator and/or lessee's name and address from D.O.G.G.R and submitting such documentation from the Division with the application for a conditional use permit. 4. Notice shall be published in at least one newspaper of general circulation within the city at least 10 days prior to the hearing. 5. Notice shall be mailed to every person filing with the Planning Director a written request for notice. C. When proceedings are initiated for the amendment of any provision of Title 17, other than amendments changing property from one zone to another, or changing the boundary of any zone, a public hearing shall be held. Notice of such hearing shall be given once by publication in a newspaper of general circulation in the city, which notice shall state the time, date and place of such hearing and a general description of the nature of the proposed text amendment. S:[JENGI Title 17-oilIUDC draft-2iCh 17.64. wpd January 11, 2002