DRAFT 6/27/23________
1 T-CDD-230049/68110
Agenda:
Item No.:
ORDINANCE NO.__________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SUNNYVALE REPEALING AND REPLACING SECTION
19.42.030 (NOISE OR SOUND LEVEL) OF CHAPTER 19.42
(OPERATING STANDARDS) AND MAKING RELATED
CHANGES TO CHAPTER 19.12 (DEFINITIONS) OF TITLE 19
(ZONING) OF THE SUNNYVALE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. 19.12.060 AMENDED. Section 19.12.060 (“E”) of Chapter 19.12 (Definitions) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended to read as follows:
Section 19.12.060. “E”
(1) – (5) [Text unchanged]
(6) “Emergency” means essential activities necessary to restore, preserve, protect, or save lives or properties from imminent danger or loss or harm. (6) - (10) [Re-numbered, text unchanged]
SECTION 2. 19.12.140 AMENDED. Section 19.12.140 (“M”) of Chapter 19.12 (Definitions) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended to read as follows:
Section 19.12.140. “M”
(1) - (4) [Text unchanged]
(5) "Major Transportation Corridor” means a large roadway or rail line that contributes a significant amount of noise and air pollution to the ambient environment.
Large roadways include freeways (Interstate 280, State Route (SR) 85, SR 237, and U.S.
Highway 101); expressways (Central Expressway and Lawrence Expressway); Class I arterials (Caribbean Drive, El Camino Real (SR 82), Java Drive, Mathilda Avenue, N.
Fair Oaks Avenue, N. Wolfe Road, and Sunnyvale-Saratoga Road); and Class II arterials (Arques Avenue, E. Remington Drive, Evelyn Avenue, Fremont Avenue, Homestead Road, Mary Avenue, S. Fair Oaks Avenue, S. Sunnyvale Avenue, and S. Wolfe Road).
Any future large roadways not listed in this definition that are identified in the General Plan as freeways, expressways, Class I arterials, or Class II arterials are also major transportation corridors.
(5) - (10) [Re-numbered, text unchanged]
Attachment 3
T-CDD-230049/68110
Agenda:
Item No.: 2
SECTION 3. 19.12.160 AMENDED. Section 19.12.160 (“O”) of Chapter 19.12 (Definitions) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended to read as follows:
Section 19.12.160. “O”
(1) – (5) [Text unchanged]
(6) “Operational noise” means continuous or frequent noise related to the basic use of a property. Operational noise includes, but is not limited to, noise produced by:
stationary equipment such as air conditioners, equipment for swimming pools or spas, industrial machinery, and air compressors. , or fork lifts. Powered equipment or deliveriesNoise from childcare or vehicles shall not be considered operational noise. (7) – (9) [Text unchanged]
SECTION 4. 19.12.170 AMENDED. Section 19.12.170 (“P”) of Chapter 19.12 (Definitions) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended to read as follows:
Section 19.12.170. “P”.
(1) – (7) [Text unchanged]
(8) “Powered equipment” means a motorized device powered by electricity or fuel used generally for construction, demolition, property or landscape maintenance, and repairs.
Powered equipment includes, but is not limited to: lawn mowers, edgers, leaf blowers, parking lot sweepers, saws, sanders, motors, pumps, generators, blowers, fans, wood chippers, vacuums, and similar tools and devices.
(9) [Text unchanged]
(10) “Primary useable open space” means private rear yards or a fenced side yard, common courtyards, roof lawns, parking lots, roof gardens or gathering spaces for multi- family or mixed-use properties. This does not include secondary useable open space, such as front yards, balconies, stoops, and porches.
(10) – (16) [Re-numbered, text unchanged]
SECTION 5. 19.12.210 AMENDED. Section 19.12.210 (“T”) of Chapter 19.12 (Definitions) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby amended to read as follows:
Section 19.12.210. “T”
(1) [Text unchanged]
Attachment 3
T-CDD-230049/68110
Agenda:
Item No.: 3
(2) “Temporary noise” means noise generated on an intermittent basis for a specific activity and is not intended to result from the continuous use of equipment or operation of the property.
(2) - (12) [Re-numbered, text unchanged]
SECTION 6. 19.42.030 REPEALED. Section 19.42.030 (Noise or sound level) of Chapter 19.42 (Operating Standards) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby repealed in its entirety.
SECTION 7. 19.42.030 ADOPTED. Section 19.42.030 (Noise or sound level) of Chapter
19.42 (Operating Standards) of Title 19 (Zoning) of the Sunnyvale Municipal Code is hereby adopted to read as follows:
Section 19.42.030. Noise or sound level.
(a) Residential Noise Limits
(1) Operational noise shall not exceed 50 dBA during nighttime or 60 dBA during daytime hours at any point on the property line of the adjacent single family or duplex uses.
(2) Operational noise shall not exceed 55 dBA during nighttime or 65 dBA during daytime hours on the primary useable open space of multi-family uses. (3) Operational noise shall not exceed 60 dBA during nighttime or 70 dBA during daytime hours on the primary useable open space of residential uses located along major transportation corridors (freeways, expressways, arterials, and rail lines) or mixed-use residential properties.
(b) Non-Residential Noise Limits
(1) Operational noise shall not exceed 60 dBA during nighttime or 70 dBA during daytime hours at any point on the property line of the adjacent non-residential use. (2) Operational noise generated at industrial, manufacturing, or similar uses shall not exceed 75 dBA during daytime hours at the adjacent property line. (c) Special Exceptions from Noise Limits:
(1) Powered Equipment: Powered equipment used on a temporary basis during daytime hours is exempt from the operational noise limits. When used on a continuous basis or during nighttime hours, they should comply with operational noise limits. When used adjacent to residential uses, operation of powered equipment is not allowed during nighttime hours.
Attachment 3
T-CDD-230049/68110
Agenda:
Item No.: 4
(2) Construction: Construction activity regulated by Title 16 of this code shall not be governed by this section.
(3) Deliveries: Noise from deliveries shall not be considered operational noise. It is unlawful for any person to make or allow to be made a nighttime delivery to a commercial or industrial establishment when the loading/unloading area of the establishment is adjacent to a residential use. Businesses legally operating at a specific location as of February 1, 1995, are exempt from this requirement. (4) Leaf blower: A “leaf blower” is a small, combustion engine-powered or electric device used for property or landscape maintenance that can be hand-held or carried by the operator and which operates by propelling air under pressure through a cylindrical tube. It is unlawful for any person to operate a leaf blower on private property in or adjacent to a residential use except between the hours of 8:00 a.m. and 8:00 p.m. Effective January 1, 2000, all leaf blowers operated in or adjacent to a residential area shall operate at or below a noise level of sixty-five dBA at a distance of fifty feet, as determined by a test conducted by the American National Standards Institute or an equivalent. The dBA rating shall be prominently displayed on the leaf blower.
(5) Warning Sounds: Warning sounds necessary for the protection of public health, safety, and welfare including but not limited to: civil defense and fire sirens; commercial and residential burglar or fire alarms; and emergency response warning noises are exempt from the operational noise limits.
(6) Emergency Utility and Street Repairs: Noise from emergency utility and street repairs are exempt from this chapter.
(7) Street Sweeping and Refuse Collection Services: Noise from street sweeping and refuse collection services (garbage, recycling, and organic materials) are exempt from this chapter.
SECTION 8. CEQA. The City Council finds that adoption of this ordinance is exempt from environmental review pursuant to Guidelines Sections 15061(b)(3) because it can be seen with certainty that it will not have a significant effect on the environment.
SECTION 9. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after adoption.
SECTION 10. PUBLICATION. The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official newspaper for publication of legal notices of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.
Attachment 3
T-CDD-230049/68110
Agenda:
Item No.: 5
Introduced at a regular meeting of the City Council held on _______, 2023, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on _______, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
DAVID CARNAHAN
City Clerk
Date of Attestation: ____________________
LARRY KLEIN
Mayor
(SEAL)
APPROVED AS TO FORM:
_____________________________________
JOHN A. NAGEL
City Attorney
Attachment 3