Attachment B - PC Resolution 6910 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6910
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 15308
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
Leaf Blower Regulations-Page 1
DENIED 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: none
NOES: COMMISSIONERS: Chair Moore, Vice Chair Wang, Fung, Takahashi
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Saxena
ATTEST: APPROVED:
/s/Piu Ghosh /s/Kitty Moore
Piu Ghosh Kitty Moore
Planning Manager Chair, Planning Commission
Leaf Blower Regulations-Page 2
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 3
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 4
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 an 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)y 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 amotorized 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.
be limited to the hatir-s of 8.00 a.m. to 8.00 19.m. an weekdays, and 9-00 .
6!00 p.m. on weekends and holidays, Nvith the emeeption of landscape
publie facilities, whieh are allowed to begin at 7!00 a.m. The use of motorized--
Leaf Blower Regulations-Page 5
exempted from the limits of Section 10.48.0403 provided,that reasonable ego
afe made by the user- to minimize the distur-banEes to near-by r-esidents
equipment for- landscape maintenance aetivities during these haur-s is
for-
equipment only the minimal period installation of appropriate mufflers or noise baff4--,
and lo cat' ent so as to
generate minimum noise levels on aE�oining pr-oper-ti
A. The use of motorized landscape equipment for landscape maintenance
activities shall be limited as follows:
Weekdays Weekends and
H li a
At public schools,public
and private golf courses 7:00 a.m. -8:00 p.m. 7:00 a.m.-6.00 p.m.
and public facilities
All others 8:00 a.m. -8:00 p.m. 9:00 a.m.-6:00 p.m.
B. The use of motorized lan a e 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,-,ff 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. y
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- Certified
_powered Leaf Electric Leaf
Blowers Blowers
Residential (,single family homes,
Prohibited Permitted
duplexes and triplexes)
Non-Residential and Multi-family
or mixed-use developments Permitted Permitted
City Property (Parks, streets,
Permitted Permitted
medians,public facilities, etc.)
Leaf Blower Regulations-Page 6
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 7
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 Date
City of Cupertino
ATTEST:
Date
Kirsten Squarcia, City Clerk
APPROVED AS TO FORM:
Heather Minner, City Attorney Date
1293499.1
Leaf Blower Regulations-Page 8