CC Ordinance No. 20-2213 Amending Chapter 10.48 Community Noise Control for Leaf Blower Regulations ORDINANCE NO. 20-2213
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; 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 Municipal Code Amendments; and
WHEREAS, with Resolution No. 6910 the Planning Commission voted against
recommending that the City Council adopt the proposed Ordinance amending the Municipal
Code with a 0-4-1 vote (absent—Saxena) for the following reasons: 1) The lack of necessity
for specific leaf blower regulations based on the low number of complaints filed against leaf
blowers (approximately three per year since 2015), 2) Difficulties for Code Enforcement to
regulate, 3) The proposed regulations inequitably harm small business owners, 4) The
proposal does not merit passage and is not worthy of advancing, and 5) The proposed
ordinance is considered overregulation;and
WHEREAS, on October 20, 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 amendments do not render
existing provisions of the Municipal Code inconsistent with those proposed.
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Ordinance No.20-2213
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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.
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c. The site is physically suitable (including, but not limited to, access, provision of
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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.
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 usage of leaf blowers within these neighborhoods to minimize
excessive noise.
f. The proposed amendments are internally consistent.with this title.
Ordinance No.20-2213
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All the necessary chapters and sections o Title 10:Public Peace, Safety and Morals have
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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:
1. 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 driveway 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 er 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-e€ mete iced equipment €er 11aindsEape maintencniee aeciyities s ]4 be
limited te the hours of 8!00 a.m. to 9-;0Q p.m. on weekdays, and 9-00 a.m. to 6-00 P.M.
to begirt at 290 The use of ffl-etefiged eEfaipmeiic €o landseape mainte kanee
aeti�=ities dot bl�these treys is exempted from the—limits-Seetieffln 3-0-49.04);
te�-esidents byL, for- &&le, htstaba#1efre€ appr-epr4ate-muff4e-s eEfaipmeM se as to generate ff4nimum neise le*els oft adjoining properties-.
A. The use of motorized landscape equipment for landscape maintenance
activities shall be limited as follows:
Weekends and
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At public schools.public
and private golf courses 7:00 a.m. -8.00 o.m. 7:00 a.m.-6:00 p.m.
and publicfacilities
All others 8;00 a.m. -8:00 p.m. 9:00 a.m.-6:00 n I
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 exam
installation of appropriate mufflers,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 adioining
properties.
C. After Nbvember 5 2022 the use of any leaf blower other than a certified leaf
blower is prohibited and shall only be used in a manner consistent with
subsections A .and B
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 Ouality 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.
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SECTION 4: Effective Date.
This Ordinance shall take effect 30 days 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.
INTRODUCED at a regular meeting of the Cupertino City Council on October 20, {
2020 and ENACTED at a regular meeting of the Cupertino City Council on November 2,
2020 by the following vote:
Vote Members of the City Council
AYES: Scharf,Paul, Chao,Sinks,Willey
NOES: None
ABSENT: None
ABSTAIN:None
SI
Steven Scharf,Mayor D to
City of Cupertino
ATTEST:
yt_-� � r z-K I
Kirsten Squarcia, City C rk Date
APPROVED AS TO FORM:
7 �• �, 11 /Il/d.0
Heather Minner, City Attorney Date
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, City Clerk and ex-officio Clerk of the
City Council of the City of Cupertino, California, do hereby certify the
attached to be a true and correct copy of Ordinance No. 20-2213 which
was enacted on November 2, 2020, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 2�{ day of f Ay f-t,%4 f,2020.
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California