Reso 6075 . " 04-SP-00
CITY OF CUPERTINO
10300 Tone Avenue, Cupertino, California 95014
RESOLUTION NO. 6075
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 10.48
OF THE CUPERTINO MUNICIPAL CODE
Recommendation of approval is based on Exhibit A-1.
PASSED AND ADOPTED this 8"' day of January 2001 at a Regular Meeting of the
Planning Commission of the City of Cupertino, State of California, by the following roll
call vote:
AYES: COMMISSIONERS: Doyle, Kwok, Stevens and Chairperson Harris
NOES: COMMISSIONERS: Corr
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTEST: APPROVED:
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Steve Piasec ci Andrea Harris, Chairperson
Director of Community Development Planning Commission
G:p lanning/pdreport/res/res04sp00
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. Proposed text additions are underlined and Exhibit A-1
proposed text deletions are struck through
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 10.48 OF THE CUPERTINO MUNICIPAL CODE
REGARDING COI��IlVILTNITY NOISE CONTROL
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 10.48 of the Municipal Code of Cupertino is hereby amended to read as follows:
Chapter 10.48 COMMUNITY NOISE CONTROL
10.48.010 Definitions.
� For purposes of this chapter:
"Commercial area" means commercially-zoned property as defined in the community zoning
ordinance.
"Commercial establishment" means any store, factory, manufacturing or industrial plant used for the
sale,
manufacturing, fabrication, assembly or storage of goods, wares and merchandise.
"Construction" means any site preparation, �g,assembly, erection, repair, substantial
alteration, or similar action, of public or private property, rights-of-way, structures, utilities or similar
property, including vehicle pick-up or delivery of construction materials or demolition debris but
excluding demolition and grading.
"Daytime" means the period from�� eight a.m. to eight p.m. on weekdays, and the period trom
�t nine a.m. to�t six p.m. on weekends .
"Decibel (dB)" means a unit for measuring relative sound pressure, logarithmically referenced to a
pressure of twenty micronewtons per square meter.
"Demolition" means any dismantling, intentional destruction or removal of structures, utilitics,
public or private right-of-way surfaces, or similar property.
"Emergency" means any occurrence or set of circumstances involving actual or imminent physical
danger, crisis,trauma, or property damage which demands immediate action.
"Emergency work" means any work performed for the purpose of preventing or alleviating the
physical danger, trauma, or property damage threatened or caused by an emergency, or restoration of
conditions and property to their status prior to the emergency.
"Holidays" means the following days: New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, Christmas Day.
"Industrial area" means industrially-zoned property as defined in the community zoning ordinance.
"Muffler" means a device for reducing or dissipating the sound of escaping gases, or other types of
noise, from a mechanical device or engine.
"Multiple-family dwelling unit" means a residential structure containing separate living quarters for
two or more families, each unit with similar and common access to the outside.
"NCO" means noise control officer.
"Nighttime" means periods of weekdays from eight p.m. to twelve midnight, and froin midni�;ht to
��eight a.m., and periods on weekends from eig#t six p.m. to midnight and from
midnight to e�g�t nine a.m.
"Noise" means any sound which annoys or disturbs humans or which causes or tends to cause an
adverse psychological or physiological effect on humans.
"Noise Control Officer(NCO)" means the municipal agency, department or individual havin�; lead
responsibility for implementation and enforcement of this chapter, as designated by the City Manager
and approved by the City Council.
"Noise disturbance" means any sound which:
a. Endangers or injures the safety or health of humans or animals; or
b. Annoys or disturbs a reasonable person of normal sensitivities; or
c. Endangers or damages personal or real property.
"Noise level" means the same as sound level.
"Nonresidential area" means land zoned for other than residential uses, such as com►nercial,
professional office, industrial or public, as defined in the zoning ordinance, but not including public
rights-of-way.
"Person" means any individual, association, partnership, corporation, or public agency, and includes
any associated officer, employee or department.
"Property boundary" means an imaginary line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned by another person.
"Public area" means any property or structures thereon which are owned, utilized, or controlled by a
governmental entity.
"Public right-of-way" means any street, avenue, boulevard, highway, parkway, alley or siinilar place
which is owned or controlled by a governmental entity.
"Residential area" means residentially zoned land as defined in the community zoning ordinance.
"Sound" means a rapid variation in air pressure, which, because of its magnitude and trequency, can
be heard by a human with average hearing ability.
"Sound level" means the maximum continuous or repeated peak value measured by the use of a
sound level meter and the "A" weighting network, as specified in American National Standards Institute
specifications for sound level meters (ANSI 51.4 - 1971, or the latest revision). The readin� obtained in
decibels is designated dBA. If the meter response characteristic is not indicated, "SLOW" response shall
be used.
"Sound level meter" means an instrument which includes a microphone, amplitier, RMS detector,
integrator or time averager, output meter, and weighting networks used to measure sound levels, and
meets American National Standards Institute specification S 1.4 - 1971, or latest revision, for Type 1,
Type 2 or Type 2A operation.
"Weekday" means any day, Monday through Friday�that is not one of the:� H�olidays.
"Weekend" means Saturdays and Sundays�that are not H�olidays.
"Vehicular deliveries or pickups" means the delivery or pickup or the arrival for the delivery or
pickup of goods, wares, merchandise and waste material by the use of motor vehicles, includin�, but not
limited to, the operation of motorized commercial ground-sweeping or waste-removal machinery,
whether portable or self-propelled. (Ord. 1107, 1981; Ord. 1022 § 1 (part), 1980)
10.48.011 Notice of violation.
Except in the case where there is clear evidence that a person is acting in good faith and with all
deliberate speed to comply with provisions of this chapter after a verbal or written warning of a
violation, the continuing violation shall be cause for either a citation, complaint, or an abatement order
to be issued by the Noise Control Officer, or other responsible officiaL (Ord. 1022 § 1 (part), 1980)
10.48.012 Violation--Penalty.
Any person who violates the provisions of this chapter shall be guilty of a��as�ie�
misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12. (Ord. 1179 §
2 (part), 1982: Ord. 1022 § 1 (part), 1980)
10.48.013 Multiple section application.
In the event that more than one section of this chapter apply generally and simultaneously to a given
noise source or incident, the least restrictive regulation shall be in effect, and the most restrictive limit
shall not be invoked, except as sources and incidents are specifically identified in the most restrictive
limit which is applicable. (Ord. 1022 § 1 (part), 1980)
10.48.014 Other remedies.
No provision of this chapter shall be construed to impair any common law or statutory cause of
action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this
chapter or from other law. The provisions of this chapter are not intended to affect in any manner,
violations or arrests of persons for a violation of Section 415 of the California Penal Code or any other
provision of State law. The unavailability of a sound level meter to enforce the provisions of this chapter
does not preclude the enforcement of any provision of State law. (Ord. 1278 (part), 1984: Ord. 1022 fi 1
(part), 1980)
10.48.020 Lead agency/official.
The noise control program established by this chapter shall be administered by and tlle responsibility
of, the Noise Control Officer N( CO). (Ord. 1022 § 1 (part), 1980)
10.48.021 Powers of the Noise Control Officer.
In order to implement and enforce this chapter and for the general purpose of noise abatement and
control, the NCO shall have, in addition to any other vested authority, the power to:
A. Review of Public and Private Projects. Review of public and private projects, subject to
mandatory review or approval by other departments, for compliance with this ordinance, if such projects
are likely to cause noise in violation of this chapter;
B. Inspections. Upon presentation of proper credentials and with permission of the property owner or
occupant, enter and investigate a potential ordinance violation on any property or place, and inspect any
report or records at any reasonable time. If permission is refused or cannot be obtained, a search warr�nt
may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a
violation of this chapter may exist. Such inspection may include administration of any necessary tests.
(Ord. 1022 § 1 (part), 1980)
10.48.022 Duties of the Noise Control Officer.
In order to implement and enforce this chapter effectively, the NCO shall within a reasonable time
after the effective date of the ordinance codified in this chapter:
A. Guidelines, Testing Methods and Procedures. Develop and promulgate guidelines, testin�
methods and procedures as required. Any noise measurement procedure used in enforcement of this
chapter which tends to underestimate the actual noise level of the source being measured shall not
invalidate the enforcement action;
B. Investigate and Pursue Violations. In consonance with provisions of this chapter, investigate and
pursue possible violations;
C. Delegation of Authority. Delegate functions, where appropriate under this chapter, to other
personnel and to other departments, subject to approval of the City Manager. (Ord. 1022 § i (part),
1980)
10.48.023 Duties and respo�sibilities of other departments.
A. Departmental Actions. All City departments shall, to the fullest extent consistent with other law,
carry out their programs in such a manner as to further the policy and intent of this chapter.
B. Project Approval. All departments whose duty it is to review and approve new proiects, or
changes to existing projects, that may result in the production of disturbing noise, shall consult with the
NCO prior to any such approval.
C. Contracts. Any written contract, agreement, purchase order, or other instrument whereby the City
is committed to the expenditure of five thousand dollars or more in return for goods or serviccs, and
which involves noise-producing activities, shall contain provisions requiring compliance with this
chapter. (Ord. 1022 § 1 (part), 1980)
10.48.029 Homeowner or resident-conducted construction work exception.
Construction conducted by the homeowner or resident of a single dwelling, using domestic
construction tools is allowed on holidays between the hours of 9 a.m. and 6 p.m.
10.48.030 Emergency exception.
The provisions of this chapter shall not apply to the emission of sound for the purpose oFalertin�
persons to the existence of an emergency, or the emission of sound in the performance ofemer�;ency
work. (Ord. 1022 § 1 (part), 1980)
10.48.031 Special exceptions.
A. The NCO shall have the authority, consistent with this section, to grant special exceptions which
may be requested.
B. Any person seeking a special exception pursuant to this section shall tile an application with the
NCO. The application shall contain information which demonstrates that bringing the source of sound,
or activity for which the special exception is sought, into compliance with this chapter would constitute
an unreasonable hardship on the applicant, on the community, or on other persons. Prior to issuance of
an exception, the NCO shall notify owners and/or occupants of nearby properties which may be atfected
by such exceptions. Any individual who claims to be adversely affected by allowance of the special
exceptions may file a statement with the NCO containing any information to support his claim. If the
NCO finds that a sufficient controversy exists regarding an application, a public hearing may be heid.
C. In determining whether to grant or deny the application, the NCO shall balance the hardship to the
applicant, the community, and other persons of not granting the special exception a�;ainst the adversc
impact on the health, safety, and welfare of persons affected, the adverse i�npact on property affected,
and any other adverse impacts of granting the special exception. Applicants for special exceptions �lllCj
persons contesting special exceptions may be required to submit any information the NCO may
reasonably require. In granting or denying an application, the NCO shall place on public tile a copy ol�
the decision and the reasons for denying or granting the special exception.
D. Special exceptions shall be granted by notice to the applicant containing all necessary conditions,
including a time limit on the permitted activity. The special exception shall not become eftective until all
conditions are agreed to by the applicant. Noncompliance with any condition of the special exception
shall terminate it and subject the person holding it to those provisions of this chapter regulatin�; the
source of sound or activity for which the special exception was granted.
E. Application for extension of time limits specified in special exceptions or for moditication of other
substantial conditions shall be treated like applications for initial special exceptions under subsection [3
of this section. (Ord. 1022 § 1 (part), 1980)
10.48.032 Appeals.
Appeals of any decision of the NCO shall be made to the City Council. (Ord. 1022 � 1 (part), 1980)
10.48.040 Daytime and nighttime maximum noise levels.
Individual noise sources, or the combination of a group of noise sources located on tlle same
property, shall not produce a noise level exceeding those specitied on property zoned as Follows, unless
specifically provided in another section of this chapter:
Land Use at Location Maximum Noise Level
of Complaint on Receiving Property
Nighttime Daytime
Residential 50 dBA 60 dBA
Nonresidential 55 dBA 65 dBA
(Ord. 1022 § 1 (part), 1980)
10.48.050 Brief daytime incidents.
A. During the daytime period only, brief noise incidents exceeding liinits in other sections of this
chapter are allowed; providing, that the sum of the noise duration in minutes plus tlle excess noise levcl
does not exceed twenty in a two-hour period. For example, the following combinations would be
allowable:
Noise Increment Above Noise Duration in
Normal Standard 2-Hour Period
5 dBA 15 minutes
10 dBA 10 minutes
15 dBA 5 minutes
19 dBA 1 minute
B. For multifamily dwelling interior noise, Section 10.48.054, the sum of excess noise level and
duration in minutes of a brief daytime incident shall not exceed ten in any two-hour period, measured at
the receiving location.
C. Section 10.48.OSOA does not apply to Section 10.48.055 (Motor Vehicle Idling). (Ord. 1022 � 1
(part), 1980)
10.48.051 Home maintenance activities.
Daytime use of motorized equipment for home and yard maintenance activities is exempted from the
limits of Section 10.48.040; provided, that reasonable efforts are made by the user to minimize the
disturbance to nearby residents by, for example, installation of appropriate mufflers or noise battles,
running equipment only the minimal period necessary, and locating equipment so as to generate
minimum noise levels on adjoining properties. (Ord. 1022 § 1 (part), 1980)
10.48.052 Outdoor public events.
A. Outdoor events open to the general public on nonresidential property, such as parades, rallies,
fairs, concerts and special sales and promotional events, involving generation of noise levels higher than
would normally occur, by use of the human voice, public address systems, musical instruments,
electronic amplification systems, and similar sound-producing activities, are allowed upon obtaining an
appropriate permit from the city, and subject to the following general limitations:
1. The event shall not produce noise levels above 70 dBA on any residential property for a period
longer than three hours during daytime.
2. The event shall not produce noise levels above 60 dBA on any residential property durin� the
period from eight p.m. to eleven p.m., and above 55 dBA for any other nighttime period.
3. Continuous or repeated peak noise levels above 95 dBA shall not be produced at any location
where persons may be continuously exposed.
B. The conditions imposed upon the event or activity in the permit issued by the City, regardin�
maximum noise level, location of noise sources, or duration of activity, for example, may be more
limiting than this section, to protect certain individuals, areas or nearby activities which would othcrwise
be disturbed, and these permit conditions, when in conflict with this section, are overridin�. (Ord. 1022 ,��'
1 (part), 1980)
10.48.053 Grading, construction and demolition.
A. Grading, construction and demolition activities shall be allowed to exceed the noise limits of
Section 10.48.040 during daytime hours; provided, that the equipment utilized has high-quality noise
muffler and abatement devices installed and in good condition, and the activity meets one of thc
following two criteria:
1. No individual device produces a noise level more than 87 dBA at a distance ofi twenty-tive fcct
(7.5 meters); or
2. The noise level on any nearby property does not exceed 80 dBA.
B. Notwithstanding Section 10.48.053(A),�it is a violation of this chapter to enga�e in any bradin�,
street construction, demolition or underground utility work within seven hundred t7tty fieet of a
residential area on Saturdays, Sundays and holidays, and during the nighttime period, except as provided
in Section 10.48.030.
C Construction, other than street construction, is prohibited on holidays, excent as provicled
in Sections 10.48.029 and 10.48.030.
D, �.��g, Construction, other than strect construction,
nnniirr�ir�rr a,,,.;,,,�,,;.��.++:-�o ..o.-;�.�� ��.n» n�h� �»�-���� is prohibited during nighttime periods
unless�t�it meets the nighttime standards of Section 10.48.040.
D. The use of helicopters as a part of a construction and/or demolition activity shall be restricted to
between the hours of°��'�**'��r*�� nine a.m. and six thirty p.m. Monday through�� Frida only,
and prohibited on the weekends and holidays. The notice shall be given at least twenty-four hours in
advance of said usage. In cases of emergency, the twenty-four hour period may be waived. (Ord. 1278
(part), 1984: Ord. 1022 § 1 (part), 1980)
10.48.054 Interior noise in multiple-family dwellings.
Noise produced in any multiple-family dwelling unit shall not produce a noise levei exceedin�; 45
dBA five feet from any wall in any adjoining unit during the period between seven a.m. and ten p.m., or
exceeding 40 dBA during hours from ten p.m. to seven a.m. the following day. (Ord. 1022 � 1 (part),
1980)
10.48.055 Motor vehicle idling.
Motor vehicles, including automobiles, trucks, motorcycles, motor scooters and trailers or olher
equipment towed by a motor vehicle, shall not be allowed to remain in one location with the en�;ine or
auxiliary motors running for more than three minutes in any hour, in an area other than on a public ri�ht-
of-way, unless:
A. The regular noise limits of Section 10.48.040 are met while the engine and/or auxiliary motors are
running; or
B. The vehicle is in use for provision of police, fire, medical, or other emergency services. (Ord.
1022 § 1 (part), 1980)
10.48.056 Noise from registered motor vehicles.
A. It is a violation of this chapter to own or operate a motor vehicle, including automobiles, trucks,
motorcycles and other similar devices of a type subject to registration, as detined in California
Vehicle Code, which has a faulty, defective, deteriorated, modified, replaced, or no exhaust and/or
muffler system, and which produces an excessive and disturbing noise level, as detined in California
Vehicle Code Sections 27150 and 27151.
B. The Stationary Vehicle Test Procedure, as adopted by the California Highway Patrol, may be
utilized as prima facie evidence of violation of this section. (Ord. 1022 � 1 (part), 1980)
10.48.057 Noise from off-road recreational vehicles.
It is a violation of this chapter to own or operate:
A. Any off-road recreational vehicle, including all-terrain vehicles, dirt bikes, dune bug�;ies and
other similar devices, as defined in Division 16.5 of the California Vehicle Code, which has a fiaulty,
defective, deteriorated, modified, replaced, or no exhaust and/or muffler system, and which produces an
excessive and disturbing noise level, as specified in California Vehicle Code Section 38365;
B. Any off-road recreational vehicle producing a noise level:
1. Exceeding 98 dBA within twenty inches of any component at an intermediate en�;ine speed of two
thousand to four thousand revolutions per minute in a stationary position; or
2. Exceeding 80 dBA under any condition of acceleration, speed, grade, and load at a distance of
fifty feet. At greater or lesser measurement distances, the maximum noise level changes by 4 dQ for each
doubling or halving of distance. The sound level meter shall be set for FAST response for this
measurement. (Ord. 1022 § 1 (part), 1980)
10.48.060 Noise disturbances.
No person shall unreasonably make, continue, or cause to be made or continued, any noise
disturbance as defined in Section 10.48.010. (Ord. 1022 § 1 (part), 1980)
10.48.061 Animals and birds.
It is unlawful and a nuisance for any person to keep, maintain or permit upon a�iy lot or parcel of
land within the City under his control any animal, including any fowl, which by any sound or cry shall
habitually disturb the peace and comfort of any person in the reasonable and comfortable enjoyment ot�
life or property. (Ord.1022 § 1 (part), 1980)
10.48.062 Nighttime deliveries and pickups.
It is unlawful and a nuisance for any person to make or allow vehicular deliveries or pickups to or
from commercial establishments (defined as any store, factory, manufacturing, or industrial plant uscd
for the sale, manufacturing, fabrication, assembly or storage of goods, wares and merchandise) by thc
use of private roads, alleys or other ways located on either side or the back of any building housin� the
commercial establishment where such private road, alley or other way lies between the buildin� and any
adjacent parcel of land zoned for residential purposes, between the hours of eight p.m. and ei�;ht a.m.
weekdays, (Monday through Friday�-���gs�and eig�t six p.m. and nine a.m. on weekends
(Saturday and Sunday�,��g�} and holidays, except as may be permitted uncler Section
10.48.029. (Ord. 1149, 1981: Ord. 1066, 1981: Ord. 1022 § 1 (part), 1980)