Loading...
PC Packet 09-22-2020CITY OF CUPERTINO PLANNING COMMISSION AGENDA This is a teleconference meeting with no physical location . Tuesday, September 22, 2020 6:45 PM Teleconference Meeting TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 5:00 p.m. on Tuesday, September 22nd to the Commission at planningcommission@cupertino .org. These e-mail comments will be received by the Commission members before the meeting and posted to the City’s website after the meeting. 2) E-mail comments during the times for public comment during the meeting to the Commission at planningcommission@cupertino.org. The staff liaison will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Chair’s discretion to shorten time for public comments). Members of the public that wish to share a document must email planningcommission@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may observe the teleconference meeting or provide oral public comments as follows: Page 1 Planning Commission Agenda September 22, 2020 Oral public comments will be accepted during the teleconference meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item . To address the Commission, click on the link below to register in advance and access the meeting: Online Please click the link below to join the webinar : https://cityofcupertino.zoom.us/webinar/register/WN_DcqiU0tMQUqz_26v4wWrFg Phone Dial 888 788 0099 and enter Webinar ID: 961 1886 9429 (Type *9 to raise hand to speak) Unregistered participants will be called on by the last four digits of their phone number . Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 961 1886 9429 SIP: 96118869429@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer . 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Chair calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic . Page 2 Planning Commission Agenda September 22, 2020 In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. ROLL CALL APPROVAL OF MINUTES 1.Subject: Approval of the Draft Minutes of August 25, 2020 Recommended Action: Approve or modify the Draft Minutes of August 25, 2020 Draft Minutes of August 25, 2020 STUDY SESSION 2.Subject: Study Session and presentation on the transition from Level of Service (LOS) to Vehicle Miles Traveled (VMT) for determination of transportation impacts under CEQA, a change required by Senate Bill (SB) 743. Recommended Action: Receive presentation and provide any input to Staff Staff Report POSTPONEMENTS 3.Subject: Municipal Code Amendment to Chapter 5.48, Mobile Vendor, to consider updates to definitions and regulations. Application No(s): MCA-2020-004; Applicant(s): City of Cupertino; Location: Citywide (Postponed to the October 13, 2020 meeting) ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. Page 3 Planning Commission Agenda September 22, 2020 PUBLIC HEARINGS 4.Subject: Consider Municipal Code Amendments to CMC Chapter 10.48 Community Noise Control to regulate leaf blowers to implement the Fiscal Year 2020/21 City Council Work Program items related to Ordinance updates on gas-powered leaf blowers. (Application No. MCA-2020-002; Applicant: City of Cupertino; Location: Citywide) (Continued from September 15.) Recommended Action: That the Planning Commission conduct the public hearing and adopt the Draft Resolution recommending that the City Council adopt an Ordinance to : 1. Find that the proposed action is exempt form CEQA; and 2. Recommend the approval of amendments to Chapter 10.48, Community Noise Control, for leaf blower regulations per the Draft Resolution Tentative City Council hearing date: October 20, 2020 Staff Report 1 - Draft Resolution 2 - Comparison of Neighboring Jurisdictions 3 - Redline Ordinance Amendments OLD BUSINESS NEW BUSINESS STAFF AND COMMISSION REPORTS ADJOURNMENT If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said appeal is filed with the City Clerk (Ordinance 632). In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Planning Commission after publication of the packet will be made available for public inspection in the Community Development Department located Page 4 Planning Commission Agenda September 22, 2020 at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City . Members of the public are entitled to address the Planning Commission concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to address the Planning Commission on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777 3308 or planning@cupertino.org. Page 5 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO PLANNING COMMISSION MEETING ACTION MINUTES, August 25, 2020 PLEDGE OF ALLEGIANCE At 6:45pm Chair Moore called to order the regular Planning Commission meeting. This was a teleconference meeting with no physical location. ROLL CALL Present: Chairperson Moore, Vice Chair R Wang, Commissioners, Vikram Saxena, Alan Takahashi, David Fung Absent: None APPROVAL OF MINUTES: 1. Subject: Amended Draft Minutes of August 11, 2020. Recommended Action: Approve or modify the Amended Draft Minutes of August 11, 2020 Moved by Com. Takahashi and seconded by Com. Fung to: “Approve the minutes”. The motion carried 4-0-1 (Saxena abstain) ORAL COMMUNICATIONS: Rhoda Fry talked about the need for building fire defensible structures especially ones located in the Wildland Urban Interface. C WRITTEN COMMUNICATIONS: None PUBLIC HEARING: 2. Subject: Hillside Exception to allow the construction of a new swimming pool, spa, adjacent patio, and related retaining walls and grading within the 15% site line of a prominent ridge line and on slopes greater than 30%. Application No(s): EXC-2020-001; Applicant(s): Janet DeCarli; Location: 11640 Regnart Canyon Drive APN #366-33-006 Recommended Action: Conduct the public hearing and adopt the Draft Resolution to: 1) find that the proposed actions are exempt from CEQA; and 2) Approve the Hillside Exception Planning Commission decision final unless appealed Senior Planner Gian Martire, reviewed the Staff Report and the project plan set with the Planning Commissioners. He was asked clarifying questions, which he answered. Chair Moore opened the public comment period and the following individual(s) spoke: Rhoda Fry Chair Moore closed the public comment period. The Commissioners asked Staff and the applicant’s landscape architect about the installation of safety features for the pool, spa, and retaining walls. As part of the conditions for approval, the applicant will be replacing trees that were improperly topped to satisfy a requirement of Planning Commission Resolution #6514 dated June 10, 2008. It was noted during Staff’s presentation that 24” box trees could be a better replacement option than the proposed 48” box trees due to the proposed replanting area. The Commissioners agreed that the proposed pool would not be detrimental to the neighbors and was a modest expansion of the existing decking. Moved by Com. Saxena and seconded by Vice Chair Wang to approve the application per the Draft Resolution with an amendment to Condition #9 to state that the removed trees could also be replaced with 9, 24” box trees. The motion carried 5-0-0. OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None REPORT OF THE PLANNING COMMISSION: Chair Moore ‘attended’ the VTA Public Advisory Board meeting on 8/24 regarding SR 85. ADJOURNMENT: The meeting was adjourned at 7:45 p.m. to the next regular Planning Commission meeting on September 11, 2020 at 6:45 p.m. Respectfully Submitted: ______/s/Beth Ebben_______________ Beth Ebben, Deputy Board Clerk PLANNING COMMISSION STAFF REPORT Meeting: September 22, 2020 SUBJECT Presentation on the transition from Level of Service (LOS) to Vehicle Miles Traveled (VMT) for determination of transportation impacts under CEQA, a change required by Senate Bill (SB) 743. RECOMMENDED ACTION Hear a presentation and provide any input to Staff, no Planning Commission action is required. DISCUSSION Background On September 27, 2013, Governor Jerry Brown signed SB 743 into law and started a process intended to fundamentally change transportation impact analysis under the California Environmental Quality Act (CEQA). Specifically, the legislation directed the State of California’s Office of Planning and Research (OPR), which oversees CEQA compliance, to consider different metrics for identifying transportation impacts and make corresponding revisions to the CEQA Guidelines. The goal of this legislation and the pursuant change in metrics was to reform transportation impact analysis such that it was more aligned with other statewide goals pertaining to infill development, reduction of greenhouse gases (GHG), and promotion of public transit and active transportation. Implementation Date: The State deadline in SB 743 to stop using Level of Service (LOS) to Vehicle Miles Traveled (VMT) as a measure of transportation impacts under CEQA was July 1, 2020. However, because many communities are behind schedule due to the impacts of COVID- 19, OPR has indicated that ad-hoc VMT thresholds may be used for projects until cities complete the transition. LOS to VMT presentation September 22, 2020 2 Analysis What is SB 743? SB 743 removes the use of automobile delay or traffic congestion for determining transportation impacts in environmental review. Instead, the latest CEQA Guidelines now specify that Vehicle Miles Traveled, or VMT, is the appropriate metric to evaluate the transportation impacts of land use projects and most types of transportation projects. To comply with these new rules, each lead agency will need to define policies and practices regarding the evaluation of transportation impacts under the CEQA, including defining how VMT should be calculated and presented in environmental documents. In short, SB 743 changes the focus of transportation impact analysis in CEQA from measuring impacts to drivers, to measuring the impact of driving. If a project is determined to result in a significant VMT impact, mitigation measures will be required to avoid or substantially reduce these effects. Some common strategies for mitigating VMT impacts are: 1. Change the project land use mix or density; 2. Reduce proposed vehicle parking supply levels; 3. Implement on-site or off-site capital improvements for transit, bicycle, or pedestrian travel; and/or 4. Implement trip reduction strategies via a Transportation Demand Management (TDM) program that would include components such as tele- commuting, transit subsidies, shuttles, carpool matching, parking cash-out programs, among other strategies. Cupertino has contracted Fehr & Peers to assist with the City’s transition from LOS -to- VMT. As part of this process a copy of the VTA regional travel model has been purchased and a transportation analysis is currently underway. The analysis is anticipated to be complete in the coming month and will inform various scenarios presented to City Council at a study session tentatively scheduled for November 2, 2020. A White Paper is being developed as part of the process that details the primary decisions that need to be made. These decisions include: 1. VMT Metrics: - What form of VMT metrics could be used? 2. VMT Calculation Methods: - What methods are available to use in estimating and forecasting VMT? 3. VMT Impact Significance Thresholds: LOS to VMT presentation September 22, 2020 3 - Is the use of VMT impact screening desired? - What is the VMT impact significance threshold for land use projects and land use plans under baseline conditions? - What is the VMT impact significance threshold for land use projects under cumulative conditions? - What is the VMT impact significance threshold for transportation projects under baseline conditions? 5. VMT Mitigation Actions: - What VMT reduction mitigation strategies are feasible? Cupertino staff participated in an LOS-to-VMT Working Group, convened by the Santa Clara Valley Transportation Authority (VTA), consisting of most communities in Santa Clara County. The group met monthly and discussed various topics relating to the implementation of SB 743. The end result of the group’s work was the development of a cloud-based tool that all communities in Santa Clara County can use to determine project level VMT and appropriate mitigations. Each community’s thresholds, determined by their respective Councils, are inputted into the system creating a seamless approach to transportation project review using baseline data provided by each city as well as regional Metropolitan Transportation Commission (MTC) data. This Countywide approach is intended to create consistent project review results in all communities in the County. Environmental Review The adoption of a new transportation threshold of significance under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15064.7 does not require environmental review and is not a “project” pursuant to State CEQA Guidelines Sections 15060(c)(3) and 15378 because it does not involve commitment to any particular project. The establishment and implementation of a VMT threshold is a state- mandated requirement under SB 743 and Section 15064.3 of the CEQA Guidelines. Public Noticing & Outreach The following noticing has been conducted for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda  Legal ad placed in newspaper (at least 10 days prior to hearing) N/A  Display ad placed in newspaper (at least 10 days prior to hearing) N/A  Posted on the City's official notice bulletin board (four days prior to hearing)  Posted on the City of Cupertino’s Web site (four days prior to hearing) LOS to VMT presentation September 22, 2020 4 NEXT STEPS The project is tentatively scheduled for a Council study session on November 2, 2020. Once Council has provided feedback to the project team a subsequent hearing will be scheduled in December 2020, with a resolution formally completing the City’s transition from Level of Service to Vehicle Miles Travelled. Prepared by: Chris Corrao, Senior Transit & Transportation Planner Reviewed by: David Stillman, Transportation Manager Reviewed and Approved for Submission by: Benjamin Fu, Director of Community Development ATTACHMENTS None PLANNING COMMISSION STAFF REPORT Meeting: September 22, 2020 SUBJECT Consider Municipal Code Amendments to CMC Chapter 10.48 Community Noise Control to regulate leaf blowers to implement the Fiscal Year 2020/21 City Council Work Program items related to ordinance updates on gas-powered leaf blowers. (Application No. MCA-2020-002; Applicant: City of Cupertino; Location: Citywide) RECOMMENDED ACTION That the Planning Commission conduct the public hearing and adopt the Draft Resolution (Attachment 1) recommending that the City Council adopt an Ordinance to: 1. Find that the proposed action is exempt from CEQA; and, 2. Recommend the approval of amendments to Chapter 10.48, Community Noise Control, for leaf blower regulations per the Draft Resolution. DISCUSSION Background The FY 2020/21 City Council Work Program directed the City to study and incorporate leaf blower regulations into the Municipal Code to address noise concerns from leaf blowers. Several jurisdictions in Santa Clara County have adopted restrictions on the use of leaf blowers, including bans on gas-powered leaf blowers, which are typically louder than their electric counterparts. The City of Cupertino does not currently have a ban or noise standards specific to leaf blowers, gas-powered or otherwise. These devices are generally regulated under Cupertino Municipal Code (CMC) Chapter 10.48 Community Noise Control, which limits hours of operations for “landscape maintenance activities”. Although not defined, landscape maintenance activities have been interpreted by City staff to include the use of all motorized gardening equipment, including leaf blowers. The use of motorized landscape equipment is limited to the hours of 8:00 a.m. to 8:00 p.m. on weekdays, and 9:00 a.m. to 6:00 p.m. on weekends and holidays, except for such MCA-2020-02 Leaf Blower Regulations September 22, 2020 2 activities at public schools, public and private golf courses, and pub lic facilities, which are allowed to begin at 7:00 a.m. (CMC Chapter 10.48.051). Generally, daytime and nighttime maximum noise levels in residential zones are limited to 60 decibels (dBA) and 50 dBA, respectively, measured at the shared property line of the receiving property (CMC Chapter 10.48.040), with some exceptions. Landscape maintenance activities are exempt from these daytime and nighttime noise limits provided that reasonable efforts are made by the user to minimize disturbances to nearby residents through the use of appropriate noise mufflers, running equipment only the minimal period necessary, and locating equipment so as to provide the least impact to adjoining properties. Analysis Leaf Blower Complaints: Noise violations are reported to the Code Enforcement Division. A review of landscape maintenance related cases in the City over a five-year period (from January 2015 to July 2020) indicates a total of 27 complaints, 15 of which were specific to leaf blower noise and hours of operation. The remaining 12 cases are non-specific and possibly include other motorized landscaping equipment such as lawn mowers, edgers, and chainsaws. Table 1 below identifies the type of complaint and the land uses of the respondent properties. Leaf Blower Commercial/ Office Single-Family Residential Multi- family Total Too Loud 2 1 0 3 Too Early 4 2 1 7 Loud and Early 2 3 0 5 Total 8 6 1 15 Miscellaneous Landscape Complaints Commercial/ Office Single-Family Residential Multi- family Total Too Loud 1 1 0 2 Too Early 0 9 1 10 Loud and Early 0 0 0 0 Total 1 10 1 12 Table 1. Cupertino Code Enforcement Cases (Jan. 2015 – July 2020) Comparison of Surrounding Jurisdictions Five neighboring communities with adopted standards specific to leaf blowers were surveyed to compare their regulations with the City of Cupertino’s Community Noise Regulations (Attachment 2). The jurisdictions researched were Palo Alto, Sunnyvale, Saratoga, Los Gatos, and Los Altos. Staff researched the current restrictions for le af MCA-2020-02 Leaf Blower Regulations September 22, 2020 3 blowers by type (electric or gas), allowable hours of operation, enforcement body, outreach conducted, and their respective definitions of “leaf blower”. Leaf Blower Regulations: A redline of the proposed amendments to the Municipal Code are included as Attachment 3. Changes have been proposed in Section 10.48.010 and Section 10.48.051 to implement regulations related to leaf blowers. These have been further discussed below: Noise Standards Palo Alto, Sunnyvale, Saratoga, and Los Gatos set decibel limits for leaf blowers at 65 dBA (when measured 50 feet from the blower), while Los Altos does not have a noise level specified in their ordinance. Staff is recommending that the noise levels for leaf blowers in Cupertino be set to 65 dBA for leaf blowers. The American National Standards Institute (ANSI) B175.2 details methodology for sound testing, safety, and performance for internal combustion engine-powered handheld and backpack leaf blowers. Leaf blowers that are ANSI-certified display a label for ease of identification, allowing for easier enforcement. However, electric leaf blowers are not tested according to ANSI standards and while these blowers are not labeled, the noise levels of these units can be found readily in the manufacturer’s specifications, if the make and model of the unit is known. Applicability While the cities of Sunnyvale and Saratoga do not prohibit the use of gas -powered leaf blowers in any zoning district, Palo Alto, Los Gatos and Los Altos limit their use to only non-residential zoning districts. Upon research, staff has found that electric leaf blowers are generally quieter than gas leaf blowers. According to a research article in the Journal of Environmental and Toxicological Studies titled “Lawn and Garden Equipment Sound: A Comparison of Gas and Battery Electric Equipment”, gas-powered leaf blowers have a markedly greater low frequency component compared with the battery electric leaf blower sound spectrum, “allowing it to transmit and remain audible over longer distances and h ave greater adverse impact on the surrounding community” (Pollock, Sparks, & Banks, 2018). The lower frequency of gas leaf blowers allows the emitted sounds to travel more readily through windows and glass doors of homes. The study also concludes that, based on an analysis of perceived loudness by the human ear, gas leaf blowers can be heard up to several times louder than battery electric counterparts in both outdoor and indoor settings. Landscape maintenance activities for larger commercial properties, m ixed use developments, and public parks can be negatively impacted if limited to the use of electric leaf blowers alone. The Cupertino Public Works Department’s Maintenance Service MCA-2020-02 Leaf Blower Regulations September 22, 2020 4 Division expressed concerns with switching to electric leaf blowers due to the lack of power needed for larger sites (such as the public parks and schools) and consequently increased maintenance times. Additional concerns include inadequate run times for battery-operated blowers and restricted mobility for corded electric leaf blowers. Taking into consideration the regulations from neighboring jurisdictions and the concerns regarding larger properties, the draft ordinance permits the use of only certified electric leaf blowers in residential single-family, duplex, and triplex developments, while allowing the use of both ANSI-certified gas leaf blowers and certified electric leaf blowers for landscape maintenance on non-residential and multi-family, mixed use developments, and city properties (i.e. parks, streets, medians, public facilities, etc.). Hours of Operation All the jurisdictions researched limit hours of operation for landscape activities by weekday, weekend and holidays. Most cities allow the use of leaf blowers beginning at 8:00 a.m. citywide on weekdays. Only the City of Palo Alto further limits the hours of operation for use of leaf blowers in residential areas on weekdays while Los Altos has shorter hours on weekdays for both residential and non-residential areas. All cities allow the use of leaf blowers, some for shorter hours, on Saturdays. The cities of Saratoga, Palo Alto and Los Gatos prohibit the use of leaf blowers on Sundays and Holidays. However, two cities, Sunnyvale and Los Altos, do not have special weekend or Holiday hours of operation. Table 2 below summarizes the hours of operation for each of the cities. Weekdays Saturday Sunday Holidays Saratoga 8:00 a.m. to 5:00 p.m. 10:00 a.m. to 5:00 p.m. Prohibited No mention Palo Alto Res: 9:00 a.m. to 5:00 p.m. Non-res: 8:00 a.m. to 6:00 p.m. 10:00 a.m. to 4:00 p.m. Prohibited Prohibited Los Gatos 8:00 a.m. to 5:00 p.m. 9:00 a.m. to 4:00 p.m. Prohibited Prohibited Los Altos 9:00 a.m. to 5:00 p.m. 9:00 a.m. to 5:00 p.m. 9:00 a.m. to 5:00 p.m. 9:00 a.m. to 5:00 p.m. Sunnyvale 8:00 a.m. to 8:00 p.m. 8:00 a.m. to 8:00 p.m. 8:00 a.m. to 8:00 p.m. 8:00 a.m. to 8:00 p.m. Cupertino (current – for all landscape equipment) 8:00 a.m. to 8:00 p.m. 9:00 a.m. to 6:00 p.m. 9:00 a.m. to 6:00 p.m. 9:00 a.m. to 6:00 p.m. Table 2. Leaf Blower Operational Hours Comparison Table Cupertino has hours of operation similar to Sunnyvale’s for weekdays but has reduced hours of operation on Saturdays/Sundays and Holidays. No changes are proposed with the draft ordinance on the hours of operation, as it pertains to the use of leaf blowers. MCA-2020-02 Leaf Blower Regulations September 22, 2020 5 Effective date of Leaf Blower Regulations: The most recent jurisdiction to adopt leaf blower regulations was the City of Saratoga, whose leaf blower ordinance went into effect on October 1, 2019. However, the ordinance, approved on October 4, 2017, included a two-year grace period leading up to the effective date of the new noise standards related to leaf blowers. This was to allow time for outreach and inform stakeholders about the changes and encourage the transition to the use of certified leaf blowers. The outreach plan included: - Citywide postcard mailers after adoption of the ordinance - Notifications to all landscape and gardening businesses located in Saratoga - Informational median signs throughout the City - A dedicated leaf blower FAQ page on the City’s website Staff recommends a two-year grace period (starting when the ordinance is effective) with an outreach plan similar to Saratoga’s to allow time for residents and landscapers to familiarize themselves with the new regulations and acquire permitted equipment. Should Planning Commission recommend approval to City Council, with a tentative First Reading on October 20, 2020 and a Second Reading on November 3, 2020, the new regulations would become effective on November 5, 2022. The City will continue to enforce noise violations for landscape maintenance activities under the current Community Noise Control ordinance until the effective date. Environmental Review The proposed ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3) because it can be seen with certainty the Ordinance’s regulation related to leaf blower enforcement will have no possible significant effect on the environment. Finally, the Ordinance is exempt from CEQA under CEQA Guidelines section 15308 since these regulations are being adopted to assure the maintenance, restoration, enhancement, or protection of the environment. Public Noticing & Outreach The following noticing has been conducted for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda  Legal ad placed in newspaper (at least 10 days prior to hearing)  Display ad placed in newspaper (at least 10 days prior to hearing)  Posted on the City's official notice bulletin board (five days prior to hearing)  Posted on the City of Cupertino’s Web site (five days prior to hearing) MCA-2020-02 Leaf Blower Regulations September 22, 2020 6 NEXT STEPS The recommendation made by the Planning Commission will be forwarded to the City Council for consideration. City Council consideration of the ordinance will occur over two meetings: public hearing/introduction at the first meeting and second reading/adoption at a subsequent hearing. The ordinance will be effective 30 days after the second reading/adoption. Prepared by: Jeffrey Tsumura, Associate Planner Reviewed by: Piu Ghosh, Planning Manager Approved for Submission by: Benjamin Fu, Director of Community Development Attachments: 1 - Draft Resolution for MCA-2020-002 2 - Comparison of Neighboring Jurisdictions 3 – Redlined Ordinance Leaf Blower Regulations- Page 1 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE CUPERTINO PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND CHAPTER 10.48 COMMUNITY NOISE CONTROL TO ADOPT LEAF BLOWER REGULATIONS The Planning Commission recommends the City Council adopt the Draft Ordinance attached as Exhibit A to: 1. Find that the Ordinance is exempt from environmental review under California Environmental Quality Act (“CEQA”) Guidelines section 15601(b)(3) because it can be seen with certainty that the Ordinance’s regulation related to leaf blower enforcement will have no possible significant effect on the environment; and CEQA Guidelines section 15 308 because these regulations are being adopted to assure the maintenance, restoration, enhancement, or protection of the environment; and 2. Adopt the proposed amendments to the Municipal Code, with the findings reflected in the proposed Ordinance, which the Planning Commission makes as though set forth in their entirety in this Resolution, in substantially the form as shown in said Exhibit entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 10.48 COMMUNITY NOISE CONTROL FOR LEAF BLOWER REGULATIONS PASSED AND ADOPTED this 22ND day of September 2020, at a Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: Leaf Blower Regulations- Page 2 __________ Benjamin Fu Kitty Moore Director of Community Development Chair, Planning Commission Leaf Blower Regulations- Page 3 ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 10.48 COMMUNITY NOISE CONTROL FOR LEAF BLOWER REGULATIONS The City Council of the City of Cupertino finds that: WHEREAS, the City has certain General Plan Goals, Policies and Strategies that support minimizing noise impacts on the community and maintaining a compatible noise environment, it does not have regulations that specifically address leaf blower impacts to promote effective noise reduction policies, and that the amendments to Chapter 10.48 will provide effective standards to promote noise management operations; WHEREAS, a two-year grace period (starting when the ordinance is adopted) is proposed before the new regulations go into effect to allow time for public outreach and education for residents and landscapers to familiarize themselves with the new regulations and acquire permitted equipment; WHEREAS, on September 22, 2020, Planning Commission provided staff guidance on potential Leaf Blower regulations; and WHEREAS, following public notices given as required by the procedural ordinances of the City of Cupertino and the Government Code, the Planning Commission held a public hearing on September 22, 2020 to consider the Ordinance; and WHEREAS, with Resolution No. XXXX the Planning Commission has recommended on a X-X vote that the City Council adopt the Ordinance amending the Municipal Code in substantially similar form as presented in Planning Commission Resolution No. XXXX; and WHEREAS, on __________, 2020 upon due notice, the City Council has held at least one public hearing to consider the Planning Commission’s recommendation and the Ordinance; and WHEREAS, the City Council is the decision-making body for this Ordinance; and WHEREAS, the City Council does find as follows: a. That the proposed zoning is in accord with this title of the Municipal Code and the City's Comprehensive General Plan. The Ordinance does not change any zoning designations or regulations, but rather it modifies Title 10: Public Peace, Safety and Morals by adding amendments based on zoning designations for the implementation of leaf blower regulations. The proposed Leaf Blower Regulations- Page 4 amendments do not render existing provisions of the Municipal Code inconsistent with those proposed. The proposed amendments will also support the following General Plan Goals, Policies, and Strategies: ▪ Goal HS-8: Minimize noise impacts on the community and maintain a compatible noise environment for existing and future land use. ▪ Policy HS-8.1: Land Use Decision Evaluation – Use the Land Use Compatibility for Community Noise Environments chart, the Future Noise Contour Map (see Figure D-1 in Appendix D) and the City Municipal Code to evaluate land use decisions. ▪ Policy HS-8.2: Building and Site Design – Minimize noise impacts through appropriate building and site design. ▪ Policy HS-8.3: Construction and Maintenance Activities – Regulate construction and maintenance activities. Establish and enforce reasonable allowable periods of the day, during weekdays, weekends and holidays for construction activities. Require construction contractors to use the best available technology to minimize excessive noise and vibration from construction equipment such as pile drivers, jack hammers, and vibratory rollers. b. The proposed zoning is in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed Ordinance is exempt from environmental review under California Environmental Quality Act (“CEQA”) Guidelines section 15308 because these regulations are being adopted to assure the maintenance, restoration, enhancement, or protection of the environment; and CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that these regulations related to leaf blower regulations will have no possibility of a significant effect on the environment. c. The site is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s). Not applicable. The proposed ordinance amendments do not change the zoning designation for any properties, nor does it change any land uses allowed. The amendments also do not propose any physical changes in the environment or increased development. d. The proposed zoning will promote orderly development of the City. Not applicable. The proposed ordinance amendments do not affect the development of the City. Leaf Blower Regulations- Page 5 e. That the proposed zoning is not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. The proposed ordinance provides regulation to maintain the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels by providing regulations on the types and usage leaf blowers within these neighborhoods to minimize excessive noise. f. The proposed amendments are internally consistent with this title. All the necessary chapters and sections of Title 10: Public Peace, Safety and Morals have been amended to ensure internal consistency with the proposed regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS: SECTION 1. Adoption. The Cupertino Municipal Code is hereby amended as follows: I. The following definitions are added to Section 10.48.010 (Definitions) of the Cupertino Municipal Code: “Leaf blower” means any portable motorized landscape equipment used to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other surfaces. “Leaf blower, Certified” means a leaf blower with a noise level reading of 65 dBA or less measured at a distance of 50 feet by an independent laboratory per American National Standards Institute (ANSI) standard B175.2, as certified by the manufacturer, or an electric leaf blower with a noise level measured at 65 dBA or less at a distance of 50 feet, as certified by the manufacturer. “Motorized landscape equipment” means a motorized device powered by electricity or fuel used for landscape maintenance. Motorized landscape equipment includes but is not limited to: lawn mowers, leaf blowers, edgers, and chainsaws. II. Section 10.48.051 (Landscape Maintenance Activities) of the Cupertino Municipal Code is amended as follows: 10.48.051 Landscape Maintenance Activities. The use of motorized equipment for landscape maintenance activities shall be limited to the hours of 8:00 a.m. to 8:00 p.m. on weekdays, and 9:00 a.m. to 6:00 p.m. on weekends and holidays, with the exception of landscape maintenance activities for public schools, public and private golf courses, and public facilities, which are allowed to begin at 7:00 a.m. The use of motorized Leaf Blower Regulations- Page 6 equipment for landscape maintenance activities during these hours is exempted from the limits of Section 10.48.040; provided, that reasonable efforts are made by the user to minimize the disturbances to nearby residents by, for example, installation of appropriate mufflers or noise baffles, running equipment only the minimal period necessary, and locating equipment so as to generate minimum noise levels on adjoining properties. A. The use of motorized landscape equipment for landscape maintenance activities shall be limited as follows: Weekdays Weekends and Holidays At public schools, public and private golf courses and public facilities 7:00 a.m. – 8:00 p.m. 7:00 a.m. – 6:00 p.m. All others 8:00 a.m. – 8:00 p.m. 9:00 a.m. – 6:00 p.m. B. The use of motorized landscape equipment for landscape maintenance activities during the hours indicated in subsection A is exempted from the limits of Section 10.48.040; provided that reasonable efforts are made by the user to minimize the disturbances to nearby residents by, for example, installation of appropriate mufflers, or noise baffles, or extension tubes supplied by the manufacturer, running equipment only the minimal period necessary, and locating equipment so as to generate minimum noise levels on adjoining properties. C. After November 5, 2022, the following regulations shall apply to leaf blowers: 1. The use of any leaf blower other than a certified leaf blower is prohibited. 2. Certified leaf blowers shall only be used in a manner consistent with Section 10.48.080(A) and (B) and as provided in the table below: Certified Gas- powered Leaf Blowers Certified Electric Leaf Blowers Residential (single family homes, duplexes and triplexes) Prohibited Permitted Non-Residential and Multi-family or mixed-use developments Permitted Permitted City Property (Parks, streets, medians, public facilities, etc.) Permitted Permitted Leaf Blower Regulations- Page 7 SECTION 2: Severability and Continuity. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions. SECTION 3: California Environmental Quality Act. The proposed ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”) Guidelines Section 15308 since these regulations are being adopted to assure the maintenance, restoration, enhancement, or protection of the environment. Further, the proposed ordinance is exempt from CEQA under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty the Ordinance’s regulation related to leaf blower regulations will have no possible significant effect on the environment. SECTION 4: Effective Date. This Ordinance shall take effect two years after adoption as provided by Government Code Section 36937. SECTION 5: Publication. The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance. Leaf Blower Regulations- Page 8 INTRODUCED at a regular meeting of the Cupertino City Council on ____________________, 2020 and ENACTED at a regular meeting of the Cupertino City Council on ___________________, 2020 by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: SIGNED: __________________ Steven Scharf, Mayor City of Cupertino ________________________ Date ATTEST: ________________________ Kirsten Squarcia, City Clerk ________________________ Date APPROVED AS TO FORM: __________________________ Heather Minner, City Attorney ________________________ Date Leaf Blower Neighboring Jurisdiction Survey Jurisdiction Noise Standards and Regulations Hours of Operation Outreach Palo Alto (Chapter 9.10) 1. Gas blowers (internal combustion engines) prohibited in all residential zones 2. Gas and Electric Leaf Blowers 65 dBA or less measured 50 feet from the source (American National Standard Institute methodology) allowed in all other zones. Weekdays: Residential: 9am-5pm Other: 8am-6pm Saturday: 10am-4pm Sundays and Holidays: Prohibited Conducted two public forum meetings prior to adoptions: first meeting with garderners and landscapers, second meeting for residents and business owners. Citywide flyer went out after ordinance adoption. FAQ page and flyer on website Sunnyvale (Chapter 19.42.030) 1. Gas and Electric Leaf Blowers 65 dBA or lower at 50 feet 2. Also applies to use of leaf blowers on non-residential properties adjacent to residential properties Everyday: 8am-8pm N/A Los Altos (Chapter 6.16) 1. Gasoline-powered leaf blowers prohibited. 2. Electric leaf blower sound levels limited by zoning district from 45 dBA in R1 zoning districts to 60 dBA in Commercial zoning districts for receiving property line. Everyday: 9am-5pm N/A Saratoga (Article 7-30) 1. Leaf Blowers 65 dBA or less at a distance of 50 feet 2. Use of any leaf blower other than a certified leaf blower, as defined in the Code, is prohibited (citywide). Weekdays: 8am-5pm Saturdays: 10am-5pm Sundays: Prohibited One citywide postcard mailed out to all residents shortly after ordinance was passed. Leaf blower regulation ordinance translated into five languages. Contacted Garden Center in Los Gatos. Notifications to all landscape/ gardening businesses within Saratoga in collaboration with Finance Dept. Median signs FAQ page on website Los Gatos (Chapter 16.20.060) 1. Gas blowers prohibited from all residential, commercial, and industrial zones or public space 2. Electric Leaf Blowers 65 dBA or less measured 50 feet from the source allowed Weekdays: 8am-5pm Saturday: 9am-4pm Sundays and Holidays: Prohibited Normal code change Flyer in July, six months to compliance Another went out in November, five months after adoption FAQ page on website Cupertino (PROPOSED) 1. Gas blowers (internal combustion engines) prohibited in all residential zones 2. Gas and Electric Leaf Blowers 65 dBA or less measured 50 feet from the source (American National Standard Institute methodology) allowed in all other zones. Weekdays: 8am-8pm Saturday: 9am-6pm Sundays and Holidays: 9am-6pm Postcards after adoption of ordinance mailed out to all residents and businesses shortly after ordinance passed. Contact Summerwinds and Yamagami Nursery in Cupertino and Home Depot on Bollinger. Notification to all landscape/ gardening businesses within Cupertino in collaboration with Finance Dept. Cupertino Scene - two articles closer to effective date (October 2021 and 2022) Signage across Stevens Creek Blvd in collaboration with Public Works (Maybe) FAQ page on website ATTACHMENT 3 Leaf Blower Regulations- Page 1 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, 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 seven a.m. to eight p.m. on weekdays, and the period from nine a.m. to 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, utilities, 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. “Leaf blower” means any portable motorized landscape equipment used to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other surfaces. Certified leaf blower means a leaf blower with a noise level reading of 65 dBA or less measured at a distance of 50 feet by an independent laboratory per American National Standards Institute (ANSI) standard B175.2, as certified by the manufacturer, or an electric leaf blower with a noise level measured at 65 dBA or less at a distance of 50 feet, as certified by the manufacturer. “Motorized landscape equipment” means a motorized device powered by electricity or fuel used for landscape maintenance. Motorized landscape equipment includes but is not limited to: lawn mowers, leaf blowers, edgers, and chainsaws. “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 from midnight to seven a.m., and periods on weekends from six p.m. to midnight and from midnight to 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. ATTACHMENT 3 Leaf Blower Regulations- Page 2 “Noise Control Officer (NCO)” means the municipal agency, department or individual having 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: 1. Endangers or injures the safety or health of humans or animals; or 2. Annoys or disturbs a reasonable person of normal sensitivities; or 3. 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 commercial, 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 similar 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 frequency, 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 S IA - 1971, or the latest revision). The reading 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, amplifier, 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 holidays. “Weekend” means Saturdays and Sundays that are not holidays. “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, including, but not limited to, the operation of motorized commercial ground- sweeping or waste-removal machinery, whether portable or self-propelled. [CMC Chapters 10.48.011 Through 10.48.050 Not Edited] 10.48.051 Landscape Maintenance Activities. The use of motorized equipment for landscape maintenance activities shall be limited to the hours of 8:00 a.m. to 8:00 p.m. on weekdays, and 9:00 a.m. to 6:00 p.m. on weekends and holidays, with the exception of landscape maintenance activities for public schools, public and private golf courses, and public facilities, which are allowed to begin at 7:00 a.m. The ATTACHMENT 3 Leaf Blower Regulations- Page 3 use of motorized equipment for landscape maintenance activities during these hours is exempted from the limits of Section 10.48.040; provided, that reasonable efforts are made by the user to minimize the disturbances to nearby residents by, for example, installation of appropriate mufflers or noise baffles, running equipment only the minimal period necessary, and locating equipment so as to generate minimum noise levels on adjoining properties. A. The use of motorized landscape equipment for landscape maintenance activities shall be limited as follows: Weekdays Weekends and Holidays At public schools, public and private golf courses, and public facilities 7:00 a.m. – 8:00 p.m. 7:00 a.m. – 6:00 p.m. All others 8:00 a.m. – 8:00 p.m. 9:00 a.m. – 6:00 p.m. B. The use of motorized landscape equipment for landscape maintenance activities during the hours indicated in subsection A is exempted from the limits of Section 10.48.040; provided that reasonable efforts are made by the user to minimize the disturbances to nearby residents by, for example, installation of appropriate mufflers, or noise baffles, or extension tubes supplied by the manufacturer, running equipment only the minimal period necessary, and locating equipment so as to generate minimum noise levels on adjoining properties. A.C. After November 5, 2022, the following regulations shall apply to leaf blowers: 1. The use of any leaf blower other than a certified leaf blower is prohibited. 2. Certified leaf blowers shall only be used in a manner consistent with Section 10.48.080(A) and (B) and as provided in the table below: Certified Gas-powered Leaf Blowers Certified Electric Leaf Blowers Residential (single family homes, duplexes and triplexes) Prohibited Permitted Non-Residential and Multi-family or mixed-use developments Permitted Permitted City Property (Parks, streets, medians, public facilities, etc.) Permitted Permitted [CMC Chapters 10.48.052 Through 10.48.070 Not Edited]