CC Ordinance No. 21-2223 Adding Title17 and Chapter 17.08 to the Cupertino Municipal Code, Replacing Level of Service (LOS) with Vehicle Miles Traveled (VMT) for use in Transportation Analysis Pursuant to the California Environmental Quality Act (CEQA) ORDINANCE NO. 21-2223
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADDING TITLE 17 AND CHAPTER 17.08 TO THE CUPERTINO MUNICIPAL
CODE, REPLACING LEVEL OF SERVICE (LOS) WITH VEHICLE MILES
TRAVELED (VMT) FOR USE IN TRANSPORTATION ANALYSIS PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City Council of the City of Cupertino finds that:
WHEREAS, Senate Bill (SB) 743, enacted in 2013 and codified in Public
Resources Code section 21099, requires changes to the California Environmental
Quality Act (CEQA) Guidelines regarding the criteria for determining the significance
of transportation impacts of projects; and
WHEREAS, section 15064.7(b) of the State Guidelines implementing CEQA,
Title 14, Section 15000 et seq. (CEQA Guidelines) encourage public agencies to develop
and publish generally applicable"thresholds of significance" to be used in determining
the significance of a project's environmental effects; and
WHEREAS, in 2018, the Governor's Office of Planning and Research (OPR)
proposed, and the California Natural Resources Agency certified and adopted, new
CEQA Guideline section 15064.3 that identifies Vehicle Miles Traveled (VMT) —
meaning the amount and distance of automobile travel attributable to a project—as the
most appropriate metric to evaluate a project's transportation impacts; and
WHEREAS, CEQA Guidelines section 15064.7(a) defines a threshold of
significance as "an identifiable quantitative, qualitative or performance level of a
particular environmental effect, noncompliance with which means the effect will
normally be determined to be significant by the agency and compliance with which
means the effect normally will be determined to be less than significant"; and
WHEREAS, CEQA Guidelines section 15064.7(b) requires that thresholds of
significance must be adopted by ordinance, resolution, rule, or regulations, developed
through a public review process, and be supported by substantial evidence; and
WHEREAS, pursuant to CEQA Guidelines section 15064.7(c), when adopting
thresholds of significance, a public agency may consider thresholds of significance
adopted or recommended by other public agencies provided that the decision of the
agency is supported by substantial evidence; and
Ordinance No. 21-2223
Page 2
WHEREAS, as a result, automobile delay, as measured by "level of service" and
other similar metrics, generally no longer constitutes a significant environmental effect
under CEQA, and
WHEREAS, the City Council of the City of Cupertino held a duly noticed public
hearing on February 16, 2021, and after considering all testimony and written materials
provided in connection with that hearing, introduced this ordinance and waived the
reading thereof.
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The City of Cupertino hereby adopts a VMT threshold of significance of 14.4%
percent below the citywide baseline VMT rate and amends the Cupertino Municipal
Code as set forth in Attachment A.
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.
Finds that this Ordinance is not a project under the requirements of the California
Environmental Quality Act(CEQA},Public Resources Code section 21000 et. seq. and the
State CEQA Guidelines (collectively, "CEQA") because the adoption of a new
transportation threshold of significance under the CEQA in accordance with CEQA
Ordinance No. 21-2223
Page 3
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 use of VMT in CEQA
review is required under SB 743 and Section 15064.3 of the CEQA Guidelines. The
foregoing determination is made by the City Council in its independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
SECTION 5: Publication. j
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 City Council of the City of Cupertino
the 16f day of February 2021 and ENACTED at a regular meeting of the City Council
of the City of Cupertino the 2nd day of March 2021 by the following vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
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NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No. 21-2223
Page 4
SIGNED:
Darcy Pa ayor Date
City of Cupertino
ATTEST:
3[Z9 f 2 ,
Kirsten Squarcia, Ci Clerk Date
APPROVED AS TO FORM:
HmAw M, m4ww Mar 18, 2021
Heather Minner, City Attorney Date
Ordinance No. 21-2223
Page 5
Attachment A—Adding Title 17 (Environmental Regulations)
The section of the Cupertino Municipal Code set forth below is adopted as follows: I
CHAPTER 17.08: Evaluation of Transportation Impacts Under the California
Environmental Quality Act
Section
17.08.010 Definitions.
17.08.020 Purpose.
17.08.030 Applicability of regulations.
17.08.040 Vehicle Miles Traveled (VMT) Standards.
1
17.08.010 Definitions. The following words and phrases when used in this chapter
shall have the meanings set forth in this section:
A. As used in this Chapter, "CEQA" means the California Environmental Quality
Act, Public Resources Code section 21000 et seq., and the State CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et seq.
B. Vehicle Miles Travelled or "VMT" refers to the distance a vehicle travels regardless
of the number of occupants of the vehicle. Vehicle miles traveled is the daily VMT of
all vehicle trips, vehicle types, and trip purposes for all project land uses. An
adjustment to the VMT should be made to include the full length of trips that leave
the travel forecasting model area to fully capture interregional travel.
C. Total Boundary VMT refers to VMT that occurs within a selected geographic
boundary (e.g., city, county or region)by any type of vehicle. Total Boundary VMT
captures all on-road travel occurring on a roadway network for any purpose and includes
local trips as well as trips that pass through the area without stopping.
D. Service Population refers to population plus employment and may include
students or visitors. Service population is intended to include all independent
variables used in estimating trips.
E. High Quality Transit Corridor means an area within 1/4 mile walking distance
from fixed-route transit service with service intervals no longer than 15 minutes
duringpeak commute hours.
17.08.020 Purpose.
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Ordinance No. 21-2223
Page 6
As a result of California Senate Bill (SB) 743 (2013), the City of Cupertino has
implemented the use of Vehicle Miles Traveled (VMT)in environmental review of new
land-use development projects, transportation projects, and other projects pursuant to
the California Environmental Quality Act and the State CEQA Guidelines (together,
CEQA). This section contains standards relating to the use of VMT in Cupertino for
evaluating transportation impacts.
17.08.030 Applicability of Regulations.
A. This chapter applies to all land-use development projects, transportation projects,
and other projects subject to review by the California Environmental Quality Act
(CEQA).
B. Some projects may be screened out from more detailed VMT analysis based on a
project's location, characteristics, or a combination of both. A project relying on the
following screening must be consistent with applicable General Plan policies and
supported by substantial evidence demonstrating cumulative VMT is declining.Project
screening may be used for projects that meet one or more of the following criteria:
1. A project located within one-quarter mile of a High-Quality Transit Corridor or
transit stop as defined by CEQA;
2. Local-serving retail of 50,000 square feet or less;
3. Land-use projects consisting of 100% affordable housing.
17.08.040 Vehicle Miles Traveled (VMT) Standards.
A.The VMT significance thresholds for land use projects and plans compared to
baseline conditions are:
1. Project Impact: A significant impact.would occur if the total project generated
VMT per service population for the project would exceed a level of 14.4%below
the citywide baseline VMT rate.
2 Project Effect: A significant impact would occur if the project increases total
(boundary) countywide VMT compared to baseline conditions.
B. The VMT significance thresholds for land use and transportation projects and
plans under cumulative conditions are:
1. Project Effect: A significant impact would occur if the project increases total
(boundary) countywide VMT compared to cumulative no project.conditions.
2 All land use and transportation projects: A significant impact would occur if
the project is inconsistent with the Regional Transportation Plan/Sustainable
Ordinance No. 21-2223
Page 7
Community Strategy Plan (Plan Bay Area).
C. The VMT significance thresholds for transportation projects are:
1. Baseline Transportation Thresholds: A significant impact would occur if a
project causes a net increase in total (boundary) citywide VMT compared to
baseline conditions or opening year no project conditions.
2 Cumulative Transportation Thresholds: A significant impact would occur if a {
project causes a net increase in total (boundary) citywide VMT compared to
cumulative no project conditions.
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FCC Ordinance No. 21 -2223 (Replacing LOS
with VMT in Transportation Analysis)
Final Audit Report 2021-03-18
Created: 2021-03-18
By: Cyrah Caburian(cyrahc@cupertino.org)
Status: Signed
Transaction ID: CBJCHBCAABAAhj1cLiILLr35zadvyHQ_VccpRXnmd459
"CC Ordinance No. 21 -2223 (Replacing LOS with VMT in Trans
portation Analysis)" History
Document created by Cyrah Caburian (cyrahc@cupertino.org)
2021-03-18-4:39:43 PM GMT-IP address:64.165.34.3
Py Document emailed to Araceli Alejandre (aracelia@cupertino.org)for approval
2021-03-18-4:41:54 PM GMT
6¢ Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date:2021-03-18-5:25:16 PM GMT-Time Source:server-IP address:73.170.27.253
C7'w Document emailed to Heather M. Minner(minner@smwlaw.com) for signature
2021-03-18-5:25:22 PM GMT
Email viewed by Heather M. Minner(minner@smwlaw.com)
2021-03-18-9:33:38 PM GMT-IP address:168.151.174.75
6Q Document e-signed by Heather M. Minner(minner@smwlaw.com)
Signature Date:2021-03-18-9:34:31 PM GMT-Time Source:server-IP address:52.39.49.65
Agreement completed.
2021-03-18-9:34:31 PM GMT
Adobe Sign
CVPERTINC
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. 21-2223 which
was enacted on March 2, 2021, 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 g day of March 2021.
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California