PURPOSE:

At the City Council meeting of October 14, 2003, the Council was presented with a report prepared by the City Attorney�s Office addressing the manner in which loading and unloading activities are regulated in residentially adjacent commercial and industrial areas. The item came as a result of previous concerns relating to the idling of engines during deliveries, specifically concerns about the air quality and noise impacts of such activities. At the conclusion of the October 14, 2003, the Council directed staff to prepare a report on how to address the issue of an idling truck or noise generating vehicle in a residentially-adjacent commercial zone, including recommendations on how to address issues specifically related to noise, pollution, light, glare, etc., within the current Code parameters.

 

DISCUSSION:

Based upon the Council direction, staff has prepared a discussion explaining how these activities are currently regulated and enforced in the City, the limitations of the City�s regulatory authority, the reasons for engine idling activities during deliveries, and a discussion of the types of police powers that the City possesses to regulate these activities. In order to provide as complete an analysis of the issue as possible, staff contacted representatives of the South Coast Air Quality Management District (SCAQMD) and California Air Resources Board (CARB) for assistance. Additionally, staff reviewed information available from the United States Environmental Protection Agency (EPA), other local agencies, and industry sources.

 

Existing Regulations

The City of Burbank generally regulates business activities that may result in impacts on surrounding residential properties in two (2) ways, through the establishment of conditions of approval for entitlement projects and the establishment of Municipal Code requirements. These types of activities are generally regulated in two (2) portions of the Burbank Municipal Code: the Zoning Ordinance (particularly the Residentially Adjacent Commercial and Industrial Use ordinance) and Chapter 21 � Environmental Protection, which includes the noise ordinance.

 

Conditions of Approval: For any discretionary project, the City has the ability to impose conditions of approval to insure that the project will be compatible with surrounding properties. The types of conditions that could be placed on a project include design considerations, operating characteristics, and equipment utilization among others. Conditions of approval can be utilized to address sources of light, noise, and glare that have the ability to spillover onto neighboring properties. Conditional use permits, planned developments, and residentially adjacent development review projects are all among the types of processes that can have such conditions included if a nexus can be made between the activity and the condition of approval.

 

Zoning: The City�s Zoning Ordinance (Chapter 31 of the Burbank Municipal Code) establishes the uses and development standards for properties located within the City. Through the Zoning Ordinance, the City establishes what locations are appropriate for particular uses as well as the operational criteria for those uses. Additionally, the Zoning Ordinance establishes design criteria for development within each zone, some of which is applicable only to certain uses.

 

Residential Adjacent Standards - In 1998, the City Council adopted Ordinance No. 3503 which established new limitation on the use of commercial and industrial properties that are adjacent to residentially zoned property. The stated purpose of the Residentially Adjacent Commercial and Industrial Uses (RACI) ordinance was as follows:

 

The purpose of this Article is to ensure that commercial and industrial uses do not cause adverse impacts on adjacent properties and residents or on surrounding neighborhoods due to customer and employee parking demand, traffic generation, noise, light, litter or cumulative impact of such demands in one area. (BMC �31-1150(a))

 

The ordinance placed a number of new limitations on commercial and industrial uses that are residentially adjacent. These new requirements included restrictions on business and operating hours, new development standards, necessitating approvals of conditional use permits for certain business categories, and outright prohibition of other types of business on residentially adjacent properties. The ordinance applies to all commercial and industrial properties located within 150 feet of a residential zone.

 

One of the most significant components of the RACI ordinance was the establishment of defined operating and business hours for residentially adjacent uses. The ordinance established the term �Late Night Hours� which is defined to be between the hours of midnight and 6:00 a.m. As a result of this ordinance, new late night businesses, businesses which receive customers between midnight and 6:00 a.m., require a conditional use permit. New late night operations, defined as a commercial or industrial use that operates noise-generating equipment between midnight and 6:00 a.m., require an administrative use permit. The administrative use permit process includes a public notice to all property owners and tenants within 1000 feet of the project site. Administrative use permits are approved by staff, who has the authority to place conditions of approval on a project to protect the public�s health, safety, and welfare. The definition of late night operations includes deliveries that occur if the vehicle or other motors are in operation during the deliver. Thus, no new business can receive deliveries that require motors to be in operation without an administrative use permit but deliveries without any motors running are still permitted for new businesses.

 

However, the RACI ordinance did not apply to businesses that were already in operation prior to the effective date of the ordinance. As such, many businesses that utilize engine idling during deliveries may continue to legally do so if those activities were being conducted prior to December 26, 1998. The ordinance also does not apply to situations were a new business replaces the same type of business (e.g. a grocery replace another grocery), provided that the new business and old business are conducting the same activities.

 

Other Standards � Article 17 of the Zoning Ordinance addresses the regulation of nuisances in the City. This section includes a provision that prohibits uses to be operated such that resulting emissions of dust, heat, and glare can not be readily detectable on any boundary line of the lot on which the use is located. In another portion of this code section, smoke and odors are addressed. However, the Code specifically defers to the regulations of the SCAQMD.

 

The City also has regulations regarding access to loading and unloading areas that, in many cases, effect the location of such area. For example, BMC Section 31-1503 requires that loading spaces be located and designed so that it shall not be necessary for vehicles to back into a street. As a result of this standard, many properties utilize alley access for loading and unloading activities, including alleys which may serve as a buffer between commercial zones and residential zones.

 

Impacts of parking areas on neighboring residential properties are also addressed through the City�s parking lot design standards (BMC Section 31-1417 et seq.). These standards include requirements for walls and landscaping to buffer adjacent and abutting residential properties from sound, light, and glare.

 

Chapter 21 of the Burbank Municipal Code: Chapter 21 of the Burbank Municipal Code regulates issues of environmental quality. This section of the Municipal Code establishes the procedures for environmental review of projects within the City, the Noise Ordinance, and regulations regarding graffiti removal.

 

The Noise Ordinance is the mechanism through which the City regulates unnecessary, excessive, and annoying sounds that are detrimental to the health and welfare of people in the City. For example, within the Noise Ordinance are provisions that restrict construction hours in residential areas and the operation of leaf blowers. The ordinance also includes a provision that prohibits the operation of a vehicle in the City in �such a manner that a reasonable person of normal sensitiveness residing in the area�is caused discomfort or annoyance.� (BMC Sec. 21-211) While this section applies to vehicle operations in the City, it is highly unlikely that, as currently drafted, the ordinance could be utilized to regulate engine idling activities as the base ambient noise thresholds are unlikely to be met.

 

The Community Development Department is currently in the process of updating the Noise Ordinance with the assistance of a consultant and other City departments. The proposed revision includes a new section on exterior noise standards and measurement procedures, a new section of the ordinance dealing with vibration standards and vibration measurement procedures, the use of measurement equipment, and calibration and documentation procedures.

 

The ordinance is in the process of being reviewed by the City Attorney's Office. Once staff receives the ordinance back from the City Attorney, necessary revisions will be made and the ordinance will be recirculated to various city departments for final comments. From that point, final comments will be consolidated into the final ordinance and the item will be scheduled for review by both the Planning Board and the City Council. The Noise Ordinance is tentatively scheduled to be heard by the City Council in early 2004.

 

Enforcement

The existing provisions within the Burbank Municipal Code and conditions of approval are enforced by License and Code Services and the Police Department. Generally, License and Code is responsible for enforcement during the day and the Police Department takes over responsibility at night. With the exception of certain portions of the City, the License and Code Services Office�s enforcement activities are triggered on a complaint basis. The City does not generally conduct proactive enforcement unless there is an immediate risk to people or property.

 

The most common types of complaints received regarding residential adjacent businesses relate to parking, noise, and test driving on residential streets. Complaints received by License and Code Services pertaining to engine idling activities are most commonly focused on idling that occurs as a result of vehicle repair activities. However, it is staff�s understanding that at least one member of the Council has received engine idling related complaints about groceries.

 

As noted above, the City enforcement policy is conducted on a complaint basis. When a complaint is received, an inspector is assigned to investigate the complaint. Typically, the inspector will contact the responsible party to assess whether the violation was a temporary infraction or not. If it is permanent activity, the inspector verbally informs the responsible party to cease the activity. If the activity does not cease, the inspector will send a written notice of violation with a due date to cease. This would be followed by a second notice of immediate cessation. If the party continues to not comply, the item is referred to the City Attorney�s Office for potential prosecution.

 

Air Quality Regulations

The Federal Government enacted the Clean Air Act (CAA) in 1970. The Act was intended to improve ambient air quality throughout the country. One of the key components of the Act was the establishment of National Ambient Air Quality Standards (NAAQS) for a number of pollutants. The CAA requires individual states to develop State Implementation Plans (SIPs) to meet the national criteria.  Since its original adoption, Congress has amended the CAA several times in order to assist State�s in compliance and to regulate newly discovered impacts. 

 

The first statewide regulation of air pollution in California was the Air Pollution Control Act, which was signed into law in 1947. This Act has subsequently been replaced by the California Clean Air Act (CCAA), which was signed into law in 1988. The CCAA requires all areas of the State to achieve and maintain the California Ambient Air Quality Standards, which are a component of the California�s State Implementation Plan. The CCAA standards are generally more restrictive than the Federal Standards and also include a greater number of criteria pollutants in an effort to further insure the protection of public health.

 

The South Coast Air Quality Management District (SCAQMD) was established as the local air pollution control agency for the Basin.  The SCAQMD has jurisdiction over a four-county area that includes Orange County, the non-desert portions of Los Angeles, Riverside and San Bernardino Counties.  The SCAQMD has also adopted a series of Air Quality Management Plans (AQMP) to meet the California Ambient Air Quality Standards and the National Ambient Air Quality Standards.  Because air quality is not a localized issue, the SCAQMD works closely with the Southern California Association of Governments (SCAG) in the development of regional plans, particularly regional transportation plans.

 

The current AQMP was adopted by SCAQMD in 1997. The District is currently in the process of gaining approval of the plan from the United States EPA. (Exhibits A-1 and A-2) The plan was approved by CARB in October 2003. The proposed plan addresses air quality issues and identifies implementation measures at all levels of government to address air quality issues. The proposed plan does not make any recommendations regarding the regulation of idling activities by local agencies and identified CARB as having primary authority over vehicle emissions in California.

 

Engine Idling

Engine idling can be defined as the continued operation of a vehicular engine while the vehicle is no longer moving. Idling activities are of concern to governments for a variety of reasons including traffic congestion, noise impacts, and air quality concerns. For example, New York City adopted a limitation on vehicle idling as a response to concerns over traffic congestion. A number of other communities regulate these activities on the basis of their noise impacts. Other communities, such as Maricopa County (Phoenix), Arizona, have adopted limitations on idling activities with the intent of reducing emissions. It should be noted, however, that they are required to do so under Arizona state law.

 

Environmental Effects of Idling: Idling activities can result in a range of effects. The most obvious is noise as it is the impact that is most easily detected. The idling of vehicles requires engines to be in continuous operation, often at engine speeds that are less efficient and noisier than typical traffic operations. Additionally, unlike typical engine noise, idling engines are stationary, creating a more localized impact.

 

The types of emissions that are generated by idling are similar to those from a vehicle during normal operations. The particular emissions generated are dependent upon the type of fuel that is being used to power the engines and the types of engines being operated. Among the pollutants that could be expected from an idling vehicle include particulate matter (PM), carbon monoxide (CO), nitrogen oxides (NO_x), sulfur oxides (SO_x), volatile organic compounds (VOCs), and, as a byproduct of a chemical reaction between nitrogen oxides and sunlight, ozone (O₃). Additionally, vehicle exhaust also results with an output of carbon dioxide (CO₂), which, in and of itself, is not harmful but is considered to be a contributor to global warming.

 

While each of the pollutants associated with engine idling activities can be related to health impacts, diesel particulate matter is of particular concern. (Exhibit B-2) Diesel PM, which is produced by the vast majority of idling trucks, is a known carcinogen that CARB considers to be the top source of cancer risk for air pollutants in California. However, according to the SCAQMD, no specific research has been done regarding whether there is any additional cancer risk above the background levels present throughout the air basin for areas in close proximity to supermarkets or similar land uses that require periodic deliveries by diesel vehicles.

 

It is important to note that simply turning an engine off is not always preferable when compared to idling from an emissions perspective. According to Elaine Chang, SCAQMD Deputy Executive Officer for Planning and Rules, starting and stopping an engine produces a similar amount of emissions as four (4) minutes of idling.

 

Sources of Engine Idling: There are a number of different reasons why vehicles idle. Some of these reasons are wholly within the control of the operator (leaving a vehicle running while dropping off or picking up an item). Other causes, traffic gridlock for example, are entirely out of an operator�s control. Most anti-idling ordinances are designed to regulate the former and provide exemptions for the latter.

 

Long Haul Trucking- A significant amount of information has been produced by various agencies regarding the impacts of engine idling from long haul trucking activities. Many long haul trucks are equipped with a cab area that allows the operator the opportunity to rest and relax in the truck. The power for these cab spaces is typically generated by the primary diesel engines of the truck. Thus, these trucks, in order to maintain comfortable living conditions, may idle for long periods of time. These effects become amplified at truck stops and other locations where a large number of trucks may be idling at once.

 

The Federal government and a number of state governments have identified the impact of these activities as a notable source of air pollution, including diesel particulate matter. As such, requirements such as truck stop electrification, idling limiters, and cleaner diesel are all being investigated as solutions to these impacts.

 

Grocery Stores/Food Delivery- The delivery of food products often requires vehicles to be climate controlled. In order to preclude bacterial growth and maintain food quality, fresh foods (meat, produce, etc.) generally are required to be kept at a temperature of forty-one (41) degrees Fahrenheit or less.

 

While there is not a law stating how to maintain a temperature of 41�F, food distributors rely on two different types of strategies for maintaining these temperatures, both of which utilize either gasoline powered or diesel engines. The first technology is utilizing the primary truck engine, which operates the vehicle during transport, to cool the refrigeration unit. This requires that the delivery truck idle during loading and unloading activities in order to maintain the temperature.

 

The second technology, which is commonly utilized by larger groceries, is called a Transport Refrigeration Unit (TRU). (Exhibit B-3) TRUs utilize an engine separate from the primary truck engine to maintain acceptable temperatures. As such, trucks utilizing this technology do not need to idle their primary engines during deliveries. TRUs generally utilize smaller engines than the truck itself. However, these engines are also typically diesel powered.

 

In an effort to gain better insight into the impact of any idling regulation on groceries in the City, staff contacted Peter Murotake, the manager of the Ralph�s at the intersection of Victory Boulevard and Buena Vista Street. Mr. Murotake informed staff that TRUs were generally utilized by major groceries and that engines for these devices typically are powered by diesel engines. However, these engines are fueled using a cleaner burning diesel than powers the truck engines. According to Mr. Murotake, Ralph�s receives, on average, one refrigerated delivery each day and the average time it takes to fully unload the delivery is approximately ninety (90) minutes.

 

Distribution Centers- A significant amount of engine idling also occurs at major truck distribution centers. These are locations at which trucks receive goods to be shipped and delivered elsewhere. Whether refrigerated or not, trucks often idle at these facilities.

 

Technological Solutions: Federal and state agencies along with the trucking industry are actively involved in programs to minimize impacts of idling activities or eliminate the need for idling activities completely. The vast majority of the effort has been directed at transit centers (commonly known as truck stops) and large scale distribution centers where large numbers of idling truck congregate. For example, there are a number of truck stop electrification (TSE) technologies that are being applied throughout the country, including in California. These technologies allow long haul trucks to plug into electrical outlets to maintain climate control and other operations in the cab area during rest breaks. Some companies, IdleAire Technologies Corporation for instance, also include satellite television and high speed internet connections. (Exhibit C-1)

 

Another potential solution, which could also have a more direct effect on all diesel emissions, is the development of low emission diesel blends. (Exhibit C-2) These new blends would result in significant reduction in diesel emissions, including diesel PM. In Southern California, Ralph�s Grocery is already involved in a validation program for low emissions diesel. (Exhibit C-3) The program includes twenty (20) delivery trucks based out of the company�s Riverside distribution center.

 

Federal and state agencies are also looking at other technologies that would reduce idling times. (Exhibit C-4) Among the technologies being considered are automatic shut-off devices. These devices would be installed into the vehicle and automatically shut down an engine after it has been idling for a specified time period.

 

The TRU industry is also investigating alternative methods of maintaining required temperatures. For example, one of the leading companies, Thermo King, is investigating the use of a cryogenic refrigeration system. (Exhibit C-5) This system would utilize liquid carbon dioxide to cool the units. Unlike, conventional diesel power, this system would not require compressors or engines that might result in air quality and noise impacts.

 

Air Quality Agency Regulations

Agencies at both the Federal and state level are developing new regulations in an attempt to reduce the potential impacts from idling activities. Regulations that have been adopted or are being proposed include the development of cleaner burning diesel fuels, mandating anti-idling technology in vehicle fleets, and promotion of alternative technologies. However, the majority of rulemaking on the subject has been designed to deal with issues related to long haul trucking rather than refrigeration units.

 

New emission standards have been proposed by the EPA and CARB for refrigeration units. Both agencies have proposed increasingly stringent engine emission standards for TRUs. As additional standards have been adopted, TRU technology has also been progressing towards lower and zero emission concepts.

 

CARB is in the process of developing an Air Quality Handbook on Land Use. (Exhibit B-1) The document is currently in a working draft stage. However, among the items suggested for local land use agencies to assist in air quality improvements is the development of vehicle idling restrictions. Likewise, while the SCAQMD has not formerly developed recommended actions regarding idling, the Sacramento Metropolitan Air Quality Management District has developed a model engine idling ordinance, which Placer County is currently in the process of adopting. (Exhibit D) Neither CARB nor SCAQMD were aware of any agencies in the immediate area that have adopted anti-idling restrictions.  The City Attorney�s office has expressed serious concerns, however, over the legality of the Air Quality Management Districts� suggestions, given the very clear language in state law reserving exclusive jurisdiction over the control of vehicular emissions to CARB.

 

The model ordinance developed by the Sacramento AQMD limits idling activities to not more than five (5) consecutive minutes or a period or periods aggregating more than five minutes in any one (1) hour period.[1] The model ordinance does, however, distinguish between vehicle idling emissions and emissions from TRUs, which are prohibited to be operated within 1,000 feet of a residential area or school unless the cargo will be loaded or has been unloaded within thirty (30) minutes.

 

Other Local Agencies

As noted earlier, a number of local agencies have adopted or are in the process of adopting ordinances regulating engine idling. In the process of reviewing the standards applied by other communities, particularly those outside of California, it is important to recognize the powers granted to local governments vary considerably from state to state. For instance, in Arizona, local agencies are required to adopt idling regulations under State Law. The following list is intended to provide a snapshot of the types and basis of regulations regarding engine idling in the United States.

 

SUMMARY OF ENGINE IDLING LAWS

 

Agency	Idling Limitation	Vehicles Included	Refrigeration Included	Purpose of Law
Maricopa County (AZ)	5 consecutive minutes	Large diesel trucks	Exempt	Air Quality
Salt Lake County (UT)	15 consecutive minutes	Diesel powered vehicles	15 consecutive minutes if within 500 feet of residential; otherwise exempt	Air Quality
Placer County (CA)	5 consecutive minutes	All	30 minutes for TRUs	Air Quality
Town of Basalt (CO)	10 consecutive minutes	All	Yes	Unknown
City of Denver (CO)	10 total minutes in a one hour period	All	Exempt	Air Quality
City of Eugene (OR)	15 minutes between 10 p.m. and 7 a.m.	All	Yes	Noise
Town of Chester (CT)	10 minutes near residential	Large trucks	Yes	Noise

 

In general, idling restrictions ranged between five and fifteen minutes. The majority of the ordinances reviewed included provisions that exempted activities necessary for repairs, start-up during inclement weather, and emergency situations. The ordinances were not consistent with regard to the type of vehicles being regulated.

 

Options Available in Burbank

While it is not within the City of Burbank�s authority to establish emission standards or other similar criteria, the City does have the authority to adopt regulations based upon land use relationships and nuisance considerations.

 

Zoning Ordinance Options: The Zoning Ordinance is primarily intended for regulating uses and establishing development and operational standards to insure that uses are compatible with surrounding properties. However, typically zoning provisions are not generally applicable to established uses due to �grandfathering� provisions. While zoning provisions can be applied to previously existing uses, the application generally triggers an amortization process in which the value of the non-conforming use is either paid to the business or the applicability of the ordinance is delayed for a period of time until such use is deemed to be paid. This is a particularly important consideration for any new ordinance that would completely prohibit an activity or require the use of a particular technology.

 

Modification of the RACI Ordinance- The Residential Adjacent Uses ordinance, as noted earlier, was adopted to insure that commercial and industrial activities do not create impacts that spill over onto adjacent residential properties. The following table summarizes the types of changes that could be made to the ordinance to address engine idling issues:

 

POTENTIAL MODIFICATIONS TO RACI ORDINANCE

 

Modification	Benefits	Limitations
Screening of loading and unloading areas	�    Establishes a barrier between idling activities and residential uses	�  Not applicable to existing structures �  Emissions can move over and around walls
Prohibiting loading and unloading off alleys	�    Moves activities away from residential uses	�  Increased traffic conflicts with loading off of street system �  Aesthetic impacts � loading areas on front of properties �  Emissions could still reach surrounding areas
Modify definition of Late Night Hours	�    Decreases the hours during which loading/unloading can occur with idling �    Limits potential exposure during periods when people are most likely to be at home �    Increase consistency with noise ordinance	�  Not applicable to existing uses �  Focuses all activity into a reduced time period �  Potential for worse situation during permitted time periods
Equipment requirements (electrical connections, exhaust systems, etc.)	�    Requires new users to utilize cleaner equipment �    Allows the loading and unloading activities to continue	�  Not applicable to existing uses �  City does not have expertise to establish what technology should be utilized �  Costs to business owners �  Amortization issues
Prohibiting idling activities in residentially adjacent areas	�    Eliminates the potential for impact from new businesses	�  Not applicable to existing uses �  Hinders the establishment of neighborhood service uses in residentially adjacent areas (e.g. small grocery stores, cafes)

 

In general, the zoning ordinance is best utilized to develop standards for future uses. However, zoning is the most appropriate vehicle for establishing specific development standards and other physical attributes related to a use. As noted above, the application of new zoning standards upon existing uses can be accomplished if an amortization process is utilized through which the regulated party can recover the loss in value of the non-conforming use.

 

Other Municipal Code Options: In addition to the Zoning Ordinance, modifications could also be made to other areas of the Burbank Municipal Code to address engine idling activities.

 

Noise Ordinance- Like other municipalities, engine idling activities could be regulated through the Noise Ordinance. Unlike zoning, the provisions of the Noise Ordinance are generally applicable to all uses. It is conceivable to establish limitations on idling periods based on the noise generated by engines and its impacts on the quality of life of surrounding residential properties.

 

However, it is important to note that utilization of the Noise Ordinance does have limitations. First, noise regulations are generally based upon activities exceeding an established noise threshold. Likewise, most noise regulations are based upon proximity to residential uses and other sensitive receptors. As such, the noise regulations are not generally able to regulate idling activities that are not proximate to residential areas. Furthermore, the noise generated from idling engines is not likely to exceed noise thresholds except during nighttime hours, which are defined to be 10 p.m. to 7 a.m. under the noise ordinance.

 

It should be noted that there is some overlap between the noise ordinance and the RACI standards, which already prohibit idling activities between the hours of midnight and 6:00 a.m.

 

The Sacramento Model- The City may wish to consider adopting an ordinance similar to that developed by the Sacramento Metropolitan AQMD. However, the City Attorney�s Office has expressed significant concerns regarding its legality under current state law.

 

Section 40000 of the California Health and Safety Code states:

 

The Legislature finds and declares that local and regional authorities have the primary responsibility for control of air pollution from all sources, other than emissions from motor vehicles. The control of emissions from motor vehicles, except as otherwise provided in this division, shall be the responsibility of the state board.

 

Unfortunately, although staff has been in contact with staff of our local AQMD, the Sacramento AQMD, Placer County, (which is in the process of adopting the model ordinance), and CARB, none of those contacted have been able to provide any satisfactory legal rationale which harmonizes their proposed ordinance with Health and Safety Code section 40000. If challenged, for example by the trucking or grocery store industries, the less any such ordinance appears to be developed for the purpose of regulating vehicle emissions, the better the City�s chances would be in defending such a challenge. The City would need to demonstrate a relationship between whatever impacts are the basis of the regulation and the proposed limitations on engine idling activities. For example, if it could be demonstrated that there was a noise impact from idling activities that was somehow not adequately addressed under current standards and that were a risk to the public safety, health, and welfare, an ordinance could be developed to limit idling activities on that basis. However, as has been noted earlier, it is staff�s assessment that based on the factual information that the City possesses to date, such a relationship would be extremely difficult to develop.

 

Considerations: There are a number of factors that should be considered prior to any modifications to the Municipal Code that would regulate engine idling activities.

 

Applicability of New Regulations- The extent to which new regulations apply to existing businesses is an important consideration. The City�s ability to regulate existing uses is limited, particularly if zoning provisions are utilized or the new regulations create a financial hardship on existing businesses. Likewise, the establishment of new development standards will only have an impact on buildings as they recycle. These factors could impede the effectiveness of any new regulation. However, depending on the type of regulation, it may be feasible to establish an amortization period to facilitate transition from a non-conforming to conforming situation.

 

Nature of the Problem- The manner in which any new standards would be developed is dependent upon the issue being addressed. The area of concern should be clearly defined in terms of geographic (e.g. residentially adjacent vs. citywide) and temporal (e.g. late night vs. all day) considerations. For example, new development standards addressing relationships between loading areas and residential properties require a different type of analysis and methodology than a standard that would limit the amount of time during which a vehicle may idle.

 

Other Regulatory Actions- Another important consideration is whether a proposed action would duplicate a regulation that has been adopted by another agency. For instance, the EPA and CARB are both considering mandating idling limiters in new vehicles. The new equipment would prohibit a truck from idling longer than five (5) minutes. If such requirements were to be implemented, it raises the question of whether a City limitation on truck idling would be necessary.  Although the City has broad police powers to regulate for the protection of the health, safety, and welfare of its citizens, the City must be able to articulate the problem from which it is protecting its citizens. As air quality is a regional issue, it may be particularly difficult to articulate impacts on a localized level to the extent which the City could develop regulation.

 

Enforcement Issues- Any new standards established should be considered with regard to their enforceability. Standards that are not based upon quantifiable attributes are generally more difficult to enforce and thus less effective.

 

Economic Considerations- Prior to adopting any regulation that would be generally applicable to existing uses, it would be appropriate to investigate the economic impacts of such regulations on existing businesses. Potentially impacted businesses should be contacted to insure that their concerns are adequately reflected.

 

FISCAL IMPACTS:

Air quality and noise impact analysis are technical fields. Staff does not possess a level of expertise in those topic areas to prepare an appropriate level of analysis on how to regulate noise or air quality impacts. As such, any new ordinance developed for the purpose of regulating engine idling activities will likely require the assistance of outside consultants with expertise on those fields. Consultant costs for a new ordinance would be highly dependent upon the complexity of the ordinance and the basis for the regulation. Creation of standards that establish distance requirements between loading areas and residences, for example, might be extremely costly because there is not a great deal of research to suggest appropriate distances. For purposes of comparison, the consultant costs for the wireless telecommunications ordinance are about $30,000 and the estimates on a view protection ordinance are as high as $50,000. Regardless of the cost of an ordinance, the funds would need to be specifically appropriated by the Council as consultant fees for this type of work were not anticipated in the budget for the current fiscal year.

 

CONCLUSION:

The Council directed staff to provide a comprehensive report outlining methods by which the City can address the issue of an idling truck or noise generating vehicle in a residentially-adjacent commercial zone. It is staff�s assessment that some impacts that can be created from delivery activities, including those with idling engines, can be regulated. The City already addresses issues such as light and glare and noise through the Municipal Code. Likewise, the City has the ability to restrict hours of deliveries through the Municipal Code, conditions of approval, or both. For discretionary projects, the City also has the ability to address the location of delivery areas, particularly as they relate to neighboring residential properties. Through its police powers, the City even has the ability to restrict engine idling activities provided that an impact to public health, safety, and welfare can be demonstrated. However, it is not legally clear whether or not the City regulate engine idling strictly on the basis of impacts from tailpipe emissions.

 

RECOMMENDATION:

Staff recommends that the Council direct staff on the next appropriate course of action. Should the Council direct staff to develop a new ordinance addressing these issues, staff would recommend that the Council specify the scope which the new ordinance is intended to address and the applicability of the new standards to existing uses.