Matt Rodriguez
Rob AriasIn case you missed it, The City of Emeryville went on a bit of a “banning binge” in 2024 with councilmember Courtney Welch at the helm.
This ‘bevy of bans’ includes grass in new developments, gas-powered leaf-blowers, “auto-centric” land uses, personal storage facilities, and electronic and flavored tobacco products among other things. Many of these new local ordinances follow guidelines established by new state laws.
In addition, the California state legislature and voters passed a litany of new laws that have either already been rolled out or are set to begin on January 1st.
These new laws cover increased penalties for retail thieves, transparency on food delivery apps, limitations on what school districts can communicate to parents on changes in gender among many other things. The SF Chronicle has published a nice synopsis of these changes that could impact you and your family.
Restrictions On Gas-Powered Leaf Blower Use
If you’ve noticed that your morning walks around the neighborhood are a bit quieter, it might be because the recent ban on gas-powered leaf blowers.
The city passed its “Restrictions On Gas-Powered Leaf Blower Use” Ordinance back on December 5, 2023. It officially went into effect on July 1, 2024.
Reasons for the ban include both air and noise pollution. Gas-powered leaf blowers are known to emit levels of carbon monoxide and hydrocarbons exceeding emissions of modern pickup trucks.
Following a roadmap to achieve zero emissions by 2035, California Governor Gavin Newsom signed legislation in 2021 banning the sale of gas-emitting small off-road engines (SORE). This ban took effect earlier this year. Gas-powered Leaf Blowers have already been banned or restricted by more than 55 California municipalities, including neighboring Berkeley and Oakland.
The City of Emeryville is referring users of these devices to a list of electric-powered alternatives on the California Air Resources Board website. The City’s Public Works Department has already transitioned its Public Works team and landscaping contractors to electric blowers.
The penalties for violating the ordinance would fall on employers and property owners. Violations should be reported through the city’s SeeClickFix portal.
Additional information can be found on the city’s website.
Watch the City Council hearing below at [1:44:55]
Gas Appliance Ban in new Developments *REPEALED*
Following in the steps of neighboring Berkeley, Emeryville attempted to ban natural gas powered appliances in new residential developments. Berkeley became the first city in the nation to pass a ban on gas pipes in new buildings when they passed an ordinance in 2019. Oakland passed their equivalent in 2020 and Emeryville followed suit on July, 2021 amid the Pandemic.
This was repealed this year when challenged and found to conflict with federal policy and that the City of Berkeley overstepped its authority.
The City of Berkeley spent over $300,000 in legal fees defending the ban but ultimately relented and ceased enforcement on January 10, 2024. They officially repealed the ordinance in March. The City of Emeryville in turn repealed their ban at the April 16th, 2024 meeting.
Watch the 2021 City Council Public Hearing below when the ordinance was passed [3:11:07]
Prohibiting The Installation Of Turf In New Development
Back in February, Emeryville City Council passed an ordinance prohibiting the installation of turf in new developments. The legislation aims to promote water conservation, reduce maintenance demands, and promote native plant species that create habitats for “pollinators” such as bees and butterflies.
The ban does not extend to artificial turf despite concerns over so-called “forever chemicals” used in them.
The ordinance includes a narrow exception for public parks and residential projects with common recreational areas.
The full set of ordinances, titled “Protecting Pollinators Ordinances” also bans the use of neonicotinoids and rodenticides on city-owned, managed, and leased property with the exception of parks. These chemicals and have been found to cause neurodevelopmental harm in rodents and humans.
Watch the City Council hearing below at [1:32:56]
Tobacco Retailer License And Smoking Pollution Control Ordinances
Back on April 16, 2024, the city passed an ordinance requiring tobacco retailers within city limits to acquire a Tobacco Retailer License (TRL) in order to continue or begin sale of tobacco-related products. The city previously had no local ordinance instead deferring to state law.
The local ordinance drafts off of State Senate Law SB 793 that went into effect on January 1, 2024, with the CDPH (California Department of Public Health) being the primary enforcement agency for the retail law.
The mandatory city license requires adhering to strict operational guidelines including several regulations and prohibitions including:
- Prohibits the sale of flavored tobacco products and enhancers (including “Menthol” products)
- Prohibits the sale of electronic devices (i.e. “vaping”)
- Sets a minimum price of $10 per package and/or minimum package size of 20 (discouraging selling individual products like blunt wraps or “loosies”)
- Prohibits tobacco retailing within 1,000 feet of schools, parks, libraries & youth centers.
- Prohibits Self-Service Displays that sell Tobacco products (vending machines)
- Prohibits the use of coupons, discounts, or promotional giveaways on Tobacco products
The State has also attempted to address online sales of these products through Senate Bill 39.
The cost of the city-required TRL is listed on the City’s Master Fee schedule at $367 for initial application and $267 for renewal.
Violators will be subject to escalating penalties, including fines and license suspensions.
Additional information can be found on the city’s website including a FAQ by the EPD.
Watch the City Council hearing below at [2:23:10]
Motor Vehicle Sales And Services Ordinance
In June, The Emeryville City Council approved an ordinance modifying land use policies related to motor vehicle sales and services as well as personal storage facilities.
The new regulations prohibit building new structures in the city for traditional “auto-centric” uses like gas stations, car washes, and auto dealerships while introducing provisions for sustainable alternatives such as EV showrooms (Indoor spaces up to 5,000 sq. ft.) and charging stations.
The ordinance defines two new land use categories — Alternative Energy Vehicle Showrooms and Charging Stations — while permitting them conditionally in select commercial zones.
The ordinance also eliminates large-scale personal storage facilities as a permitted land use.
At only 1.2 square miles, the city wants to be extremely selective on what can be built within its borders with a preference for new housing developments.
Watch the City Council hearing below at [2:20:25]
Emeryville Implements Reduced Speed Limits
City Council approved reduced speed limits on six Emeryville streets over the summer.
New speed limit signs have been:
- Hollis St. (b/t 67th St. & Powell St): 25 mph
- Horton St. (b/t 62nd St. & 40th St.): 15 mph
- Christie Ave. (b/t 65th St. & Powell St.): 20 mph
- 65th St. (b/t Hollis St. & Vallejo St.): 20 mph
- 53rd St. (b/t Horton St. & San Pablo Ave.): 15 mph
- Park Ave. (b/t San Pablo Ave. & Halleck Ave.): 20 mph
“Daylighting Law” to be Rolled Out in 2025
It’s about to get way harder to find parking in Emeryville and other California cities beginning January 1, 2025 hopefully at the benefit of pedestrian safety.
The state passed a new “daylighting” law in 2024 (AB 413) prohibiting parking within 20 feet, about the length of a standard vehicle, of a crosswalk. While the law should increase visibility of pedestrians, it will eliminate a significant amount of street parking. The kicker is that many cities are forgoing painting these curbs red and it will come down to education to make drivers aware of the new law.
Enforcement will come down to local agencies and not all, including Emeryville, have determined how they will roll this out to the public.
In neighboring SF, this will eliminate as many as 14,000 parking spaces in an already competitive parking environment. SFMTA began issuing warnings in November in anticipation of the January 1 rollout when they will begin issuing $40 citations.
The City of Emeryville has yet to address this policy or begin any education or enforcement schedule. “We are working on scheduling a time to discuss during the early half of the upcoming year at Transportation Committee,” provided Emeryville Public Works Director Mohamed Alaoui.
Residents and employees shouldn’t need to worry about citations in the interim. “We will probably issue warnings to begin with for a couple of months,” provided EPD Chief Jeff Jennings. “Then start issuing citations with penalties attached to it after that.”
Emeryville has limited capacity to enforce parking laws with only two parking enforcement officers.
Kudos to the council for passing a series of pro-resident policies that promote for a quieter, greener, safer city for residents who live in Emeryville.
These are all great for me. I was ecstatic about the gas powered leaf blower ban. Waking up to those on weekend mornings was never pleasant.
The sound of people working hard is a problem for communists.
Lol. The same people are still working—only quieter and without the accompanying pollution and unnecessary smell of gas. Higher employment is always excellent. Where is you data that the shift in types of blowers caused layoffs of workers?
How about banning encampments and massive RVs instead of virtue signaling while installing fences and boulders?
Where are there encampments in Emeryville?