City of Sunnyvale
Agenda Item
23-0533 Agenda Date: 7/10/2023
REPORT TO PLANNING COMMISSION
SUBJECT
Proposed Project:
Forward Recommendations to the City Council related to the General Plan Air Quality, Noise, Safety, and Environmental Justice Update to:
a. Adopt a Resolution to Amend the following Sunnyvale General Plan elements:
i. Chapter 1: Introduction (Environmental Justice);
ii. Chapter 6: Safety and Noise; and
iii. Chapter 7: Environmental Management (Air Quality). b. Introduce an Ordinance to repeal and replace Sunnyvale Municipal Code (SMC) Section
19.42.030 (Noise or Sound Level) and make related changes to Chapter 19.12 (Definitions). c. Accept the Addendum to the Previously Certified Environmental Impact Report for the Land Use and Transportation Element (State Clearinghouse No. 2012032003) of the Sunnyvale General Plan pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164.
Planning File Number: 2017-7965
Environmental Review: Addendum to the previously certified Environmental Impact Report for the Land Use and Transportation Element of the Sunnyvale General Plan. The Sunnyvale Municipal Code updates are exempt from CEQA pursuant to CEQA Guidelines 15061(b)(3) and 15378(b)(5).
Project Planner: Mary Jeyaprakash, 408-730-7449, [email protected]
REPORT IN BRIEF
The proposed amendments to the Sunnyvale General Plan consist of updating the Air Quality, Noise, and Safety Elements and integrating Environmental Justice objectives within. In accordance with the updates to the Noise Element, a proposed ordinance would replace the existing Sunnyvale Municipal Code (SMC) Section 19.42.030 (hereinafter referred to as the “Noise Code”) and update noise- related definitions.
Sunnyvale’s air quality and noise conditions have considerably changed since the adoption of the Air Quality Element in 1993, last update to the Noise Element was in 1997 and amendment to the Noise Code in 1999. An update to the General Plan is needed to reflect current conditions. In addition, when the Land Use and Transportation Element (LUTE) of the General Plan was adopted in 2017, the LUTE Draft Environmental Impact Report (LUTE EIR) mitigation measures identified that updates to the Air Quality and Noise Elements are needed to mitigate potential air quality and noise impacts associated with LUTE implementation.
The proposed air quality and noise updates focus on protecting sensitive land uses that include people who are more susceptible to poor air quality and noise conditions, such as children, the elderly, and those with pre-existing health conditions. The air quality updates strengthen existing policies and add new policies to protect new developments from existing pollution sources and
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surrounding uses from new pollution sources. The noise updates modify the exterior noise compatibility standards and regulate construction and vibration impacts from new development projects to minimize effects on nearby sensitive uses. The proposed Noise Code contains updated noise standards for residential and nonresidential land uses, and includes uses and operations (e.g., childcare) that are exempt from the noise standards.
Since the adoption of the LUTE, California Government Code Section 65302(h) was amended to require cities with Disadvantaged Communities (DACs) to incorporate Environmental Justice (EJ) requirements in the General Plan. The objectives of EJ requirements include promoting equal protection for all people from environmental hazards and participation in the decision-making process for a healthy environment. The state defines DACs as communities that are disproportionately impacted by pollution and its effects. There are no DACs identified in Sunnyvale and hence this requirement is not mandatory for the City. However, the City has already added many EJ-related goals and policies as part of the LUTE update, and staff is voluntarily proposing updates to the General Plan to further emphasize equity and inclusion in City policies and practices.
Lastly, California Government Code Section 65302(g)(4) requires cities to update their general plan safety elements to reference local hazard mitigation plans (LHMP) and climate action plans in accordance with the state’s climate adaptation goals. The proposed updates to the Safety Element are limited to referencing the recently adopted Santa Clara County Operational Area Hazard Mitigation Plan, the City’s Climate Action Playbook, and safety-related EJ policies.
The City Council is scheduled to consider this item on July 25, 2023.
BACKGROUND
California Government Code Sections 65300-65303.4 requires every city to adopt a General Plan to guide future growth and conservation of the community. The Governor’s Office of Planning and Resource states that “A general plan is each local government’s blueprint for meeting the community’s long-term vision for the future.” General Plans must include seven mandatory elements:
Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety (a jurisdiction may organize its general plan in any format, including consolidated elements, so long as all of the relevant statutory issues are addressed). Sunnyvale’s General Plan was first adopted in 1957. It includes a comprehensive community vision and outlines the long-range goals, policies, and implementation measures for the physical development of the City. The City’s General Plan also includes optional elements such as Community Character and Environmental Management, each written and developed in different years.
Air Quality Element
Air pollution is regulated at the federal (Clean Air Act and the EPA), state (California Air Resources Board - CARB), and regional (Bay Area Air Quality Management District - BAAQMD) levels. The City first adopted the optional Air Quality Element in 1993 and consolidated it under General Plan Chapter 7 - Environmental Management in 2011. The Air Quality Element has a policy framework to reduce air pollutant emissions from existing sources in Sunnyvale, lessen the emissions associated with future development, and reduce the exposure of residents to unhealthy air contaminant levels.
Noise Element
Noise is regulated at the local level and relies on guidance from the Governor’s Office of Planning
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and Research (OPR) and Federal agencies (Federal Transit Administration, Federal Highway Administration, and Federal Aviation Administration). The City’s Noise Code provides enforceable noise limits to regulate operational noise during daytime and nighttime hours. The City’s Noise Element was first adopted in 1972, then updated in 1986 and 1997. In 2011, the Noise Element was consolidated under General Plan Chapter 6 (Safety and Noise). It complies with the requirements of Government Code 65302(f) by identifying and quantifying the current noise environment, major noise sources, noise contours, current and projected noise levels, noise impacts, and noise standards for regulating community noise levels.
LUTE Updates to Air Quality and Noise Policies
The City Council adopted the LUTE and certified the LUTE EIR in 2017. The LUTE EIR analyzed the potential physical environmental impacts and mitigation measures associated with the development of land uses in the LUTE and found that its buildout could result in significant air quality and noise impacts. Because of this, the LUTE mitigation measures specified new policies to be added to General Plan Chapter 6 (Safety and Noise) and 7 (Environmental Management) to ensure that adequate measures and associated performance standards are in place. See Attachment 5, pages ES-8 to ES-13 for a list of mitigation measures specifying new policies.
Environmental Justice Requirement
Senate Bill (SB) 1000 was passed in 2016, which requires cities to integrate EJ requirements in general plans when adopting or revising two or more elements. This requirement only applies to cities having DACs that are affected by pollution and vulnerable to its effects. Sunnyvale has no DACs based on the California Office of Environmental Health Hazard Assessment’s (OEHHA) screening analysis. However, staff is proposing to voluntarily include EJ objectives in the General Plan. The goal of EJ requirements is to create healthier cities by protecting sensitive land uses and prioritizing the needs of DACs.
Environmental Justice in the Existing General Plan
City staff evaluated existing goals, policies, and actions in the General Plan for EJ requirements.
There are over 50 goals, policies, and actions throughout the General Plan that address the state’s EJ requirements such as pollution exposure, food access, public services, public health, physical activity, housing, civic engagement, and climate change. Most of these goals and policies were added as part of the LUTE update in 2017. See Attachment 11 for the list of existing EJ-related goals, policies, and actions in the General Plan.
Safety Element Requirement
The City’s Safety Element was first adopted in 1972 and updated in 1984, 1993 and 2008. In 2011, the Safety Element was consolidated under General Plan Chapter 6 (Safety and Noise). The goal of the Safety Element is to reduce potential short and long-term risk, such as injuries and property damage; and hazards, such as fires, floods, and climate change. The Safety Element helps to establish a balance between safety and other community needs such as housing, employment, and transportation.
Safety Element Update Requirement
SB 379 was passed in 2015 [California Government Code Section 65302(g)(4)], which requires every city to reference any adopted LHMP or climate adaptation plan in general plan safety element updates after 2017. Specifically, the City’s Safety Element should reference the Santa Clara County
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Operational Hazard Mitigation Plan (adopted in 2017, which includes Sunnyvale) and the City’s Climate Action Playbook (CAP), updated in 2019. The goal of the Safety Element update is to ensure that climate adaptation and resiliency strategies are integrated into the General Plan.
EXISTING POLICY
The following policy and action from the General Plan and goal from the Council Policy pertains to, and supports, the proposed amendments to the General Plan and the Noise Code.
General Plan Chapter 3: Land Use and Transportation
GOAL LT-14 SPECIAL AND UNIQUE LAND USES TO CREATE A DIVERSE AND COMPLETE COMMUNITY - Provide land use and design guidance so that special and unique areas and land uses can fulfill their distinctive purposes and provide a diverse and complete community fabric.
Policy LT-14.4 Use specialized zoning districts and other zoning tools to address issues in the community, and update as needed to keep up with evolving values and new challenges in the community.
GOAL LT-1: COORDINATED REGIONAL AND LOCAL PLANNING - Protect the quality of life, the natural environment, and property investment, preserve home rule, secure fair share of funding, and provide leadership in the region.
Policy LT-1.8 Actively participate in discussions and decisions regarding transportation between regions, including regional airport and regional rail planning, to ensure benefit to the community. · Action LT-1.8h: Update the Safety and Noise Element by 2020 to reflect conditions in the City and the region.
Council Policy 7.3.1 Legislative Management - Goals and Policies GOAL 7.3A: Assess community conditions and make appropriate changes to long-range, mid-range and short-range plans.
ENVIRONMENTAL REVIEW
The Sunnyvale City Council adopted the updated Land Use and Transportation Element (LUTE) of the General Plan in April 2017. The City prepared and certified an Environmental Impact Report (EIR) (State Clearinghouse No. 2015062013) for the
LUTE that evaluated the environmental impacts associated with development of the land uses and implementation of transportation planning efforts in Sunnyvale as regulated and guided by the LUTE.
An Addendum to the previously certified LUTE EIR has been prepared for the proposed amendments to the General Plan. The analysis presented in the Addendum concludes that no additional environmental review is required under Section 15162 of the Guidelines to the California Environmental Quality Act (CEQA) and therefore use of an Addendum is appropriate under CEQA Guidelines Section 15164. See Attachment 4 for the Addendum to the LUTE EIR. In addition, the proposed revisions to Chapter 19.42 (Noise) of the Sunnyvale Municipal Code (SMC), and associated definitions in SMC Chapter 19.12, are exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that these revisions to the City’s noise regulations will not have an impact on the environment.
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DISCUSSION
City staff is proposing to amend the Air Quality, Noise, and Safety Elements and include EJ policies throughout the General Plan to address changes in state and federal regulations and guidance, and to reflect existing conditions. The Sunnyvale General Plan shapes and guides the development of the City and contains goals and polices upon which land use decisions are made. The General Plan provides realistic and practical targets that help Sunnyvale to continue to be a healthy, vibrant, innovative, and attractive community.
AIR QUALITY ELEMENT AMENDMENT
Sunnyvale Air Quality Conditions
In Sunnyvale, air pollution is highest in areas that have high population densities and high motor vehicle use and/or industrialization. The major sources of air pollution are the high-volume roadways:
Interstate 280 (I-280), State Route 237 (SR 237), SR 85, and U.S. Highway 101 (US 101). According to the LUTE EIR (Attachment 5, page 3.6-9), despite a reduction in per capita vehicle miles traveled (VMT), future buildout of the General Plan would result in an overall increase in VMT of up to 44 percent from 2017 to 2035. Air pollution is also caused by backup diesel generators, exhaust stacks, and from other industrial and manufacturing processes. The entire Bay Area region does not meet the state and federal standards for air pollutants such as ozone, fine particulate matter (PM2.5), and respirable particulate matter (PM10). Air pollution has been increasing in Sunnyvale and emissions from mobile sources consist of a large portion of the anticipated increase. See Attachment 8 for Sunnyvale’s air quality conditions in the Air Quality and Environmental Justice Background Report.
This report would replace the existing Air Quality Technical Report (Appendix H of the General Plan).
Existing Air Quality Element
The City’s existing Air Quality Element includes goals to improve air quality. The current policies focus on strategies to reduce VMT and air pollutants, to avoid air quality impacts in new development, and to participate in air quality planning efforts at the regional level. The City’s CAP also includes strategies that result in air quality benefits.
Proposed Air Quality Updates
The proposed updates to the Air Quality Element focus on land use regulations to reduce air pollution emissions and alleviate the impact of new development and pollution sources on sensitive land uses.
The updates strengthen existing transportation improvement policies to promote electrification and increase the use of alternative transportation modes and decrease single-occupant vehicle use. See Attachment 13 for a comparison of existing and proposed air quality goals, policies, and actions.
The proposed new policies are based on state and regional guidance, summarized as follows:
· Site planning, design, and site-specific assessment policies for new development based on OPR’s and BAAQMD’s Planning Healthy Places: A Guidebook for Addressing Local Sources of Air Pollutants in Community Planning to reduce air pollution and associated exposure. · New policies based on BAAQMD’s CEQA guidelines with respect to new development screening measures, air filtration systems where significant health risk exposure is identified, construction best management practices, and odor-generating land uses. · New policies based on OPR guidance to prioritize air pollution control in low-income and/or
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high pollution burden areas such as urban greening projects, prioritization of hazardous site remediation, phasing out of nonconforming land uses, and encouraging air filter retrofit programs.
Proposed Changes to City Process
The proposed policies focus on protecting new developments proposed near existing pollution sources and protecting surrounding uses from new pollution sources. The proposed policies apply to development projects that could be impacted by the surrounding environment, such as being sited next to a high-volume freeway, whereas CEQA focuses on the environmental impacts of a project on the surrounding environment. The proposed policies require projects to comply with BAAQMD- recommended air quality levels by implementing mitigation measures or conducting site-specific analyses for construction, and operational-related emissions.
In the development review process, projects meeting the following criteria will be evaluated in accordance with BAAQMD’s guidelines and/or provide mitigation measures, to ensure they do not cause a significant health risk,
· Sensitive uses (e.g., residential uses, day cares, schools, hospitals, facilities for seniors, nursing homes) proposed within 1,000 feet of a major pollution source; · Nonresidential developments identified as a stationary pollution source and generate more than 100 heavy-duty truck trips daily;
· New developments with significant health risk identified (per BAAQMD); and · Objectionable odor-generating sources.
The Air Quality Element update also memorializes current practices into policies. For example, one of the new policies requires development projects to comply with BAAQMD’s basic construction mitigation measures, which was listed as a standard environmental mitigation measure in project or plan area environmental documents but was not specified in the General Plan. See Attachment 2 for the proposed Draft General Plan Amendments.
Staff finds that the new policies, in conjunction with project-specific CEQA requirements, will provide superior protection for new development and existing neighborhoods and will help improve Sunnyvale’s air quality.
NOISE ELEMENT AMENDMENT
Sunnyvale Noise Conditions
The primary noise and vibration sources in Sunnyvale include traffic noise from major roadways (e.g., freeways, expressways, and arterials) and rail lines (e.g., transit and freight railroads); noise from aircraft flights; industrial activities; and temporary noise associated with construction equipment.
Roadway traffic is the major noise source affecting sensitive land uses in the City. Based on the traffic noise modeling presented in the LUTE EIR, US 101 and I-280 generate the highest traffic noise levels and neighborhoods located closer to these freeways experience the greatest impact. Noise generated by industries and other stationary sources also contribute to the ambient noise environment in their immediate vicinities.
Although aircraft noise contributes to the noise environment in Sunnyvale, airports are regulated at the federal and county level, and therefore the City has no control over airport noise. The City
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continues to advocate for reducing aircraft noise. The Federal Aviation Administration (FAA) regulates airport noise and requires that public use airports prepare airport land use compatibility plans, such as Santa Clara County’s Moffett Federal Airfield Comprehensive Land Use Plan (CLUP), which includes modeling of airport noise contours in Sunnyvale. The City uses the CLUP to avoid locating sensitive land uses in high-noise zones. See Attachment 9 for the Noise Background Report for more information on Sunnyvale’s noise conditions. This report replaces the existing Noise Technical Report (Appendix G of the General Plan).
Existing Noise Element
The City’s current Noise Element includes minimum requirements outlined by OPR. It includes exterior noise compatibility standards that set acceptable noise exposure levels for new development based on land use types. However, the noise conditions of the City have changed considerably since the last update to the Noise Element in 1997. Also, the current Noise Element does not address new trends in development, such as mixed-use buildings, which pose unique noise issues on the same site.
Proposed Noise Element Update
The proposed Noise Element updates include new and modified goals, policies and actions that are consistent with noise standards established by the federal and state government. For example, the proposed updates include OPR’s recommendations to reduce the effects of noise and vibration on infill development. The updates also align policies with the current California Building Code requirements (e.g., expand Title 24 insulation requirements to all new residential units). The proposed updates replace outdated noise contour maps with new maps based on noise measurement models from the LUTE EIR which follow OPR’s noise guidelines and reflects the current local and regional noise levels. See Attachment 2 for the proposed Draft General Plan Amendments and Attachment 13 for a comparison of existing and proposed noise goals, policies, and actions.
New standards are also being established with the proposed Noise Element updates. Projects exceeding the noise levels of the standards listed below will be required to conduct site-specific noise and vibration studies and/or incorporate appropriate noise reduction measures. · Exterior Noise Compatibility Standards
: New standards have been added for infill and mixed-use development to address the unique noise issues they present. The revision includes the following changes:
o Increase in decibel level standards to reflect existing conditions since the last Noise Element update and future trends (i.e., higher existing noise levels due to increased urban development and density).
o Separate standards for residential uses based on density. o Categorize outdoor spaces into primary and secondary useable open spaces based on their frequency of use and include policies exempting exterior noise compatibility standards on the secondary useable open spaces such as front yards, balconies, stoops, and porches. · Construction and Vibration Noise Standards: There are also new standards to determine when a vibration impact assessment and associated mitigation measures will be required. This includes when proposed development projects use heavy-duty construction equipment within 600 feet of an existing structure, and when new sensitive land uses are sited near existing major freeways and railroad lines.
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Proposed Changes to City Process
Development projects will be reviewed using the Noise Element’s new standards. All land uses are subject to the exterior noise compatibility standards and if standards are not met, site-specific noise analyses are required to address unique issues associated with the proposed land use and determine the most appropriate noise reduction measures. The new policies require all feasible noise attenuation measures to be implemented in the project.
The proposed update also regulates new project construction noise and vibration to minimize impacts on nearby sensitive uses to the extent feasible. For example, projects using heavy-duty construction equipment located within 600 feet of an existing structure will be required to conduct a vibration impact assessment and incorporate all feasible mitigation measures as determined by the review authority. Vibration impact assessments are also required when new development projects with sensitive land uses (e.g., residential, schools, hospitals) are located within 600 feet of major freeways and railroads.
Staff finds that the new policies in conjunction with the revised noise standards will minimize the potential noise impacts identified in the LUTE EIR. These policies will also help to address noise issues presented by the City’s new development trends.
NOISE CODE AMENDMENT
The proposed Noise Code updates align with the proposed General Plan Noise Element updates.
The Noise Code updates amend SMC Section 19.42.030 and related definitions in SMC Chapter
19.12. There are new noise-specific definitions for terms such as emergency, major transportation corridor, primary useable open space, and temporary noise. The updates also modify the definition for operational noise and powered equipment. See Attachment 3 for the Draft Noise Code.
The proposed Noise Code includes new operational noise decibel limits for residential and nonresidential uses. Noise levels are regulated at the property line of single-family and duplex residential uses and at the approximate center of primary useable space areas (e.g., townhome private rear yards and common gathering spaces) for multi-family and residential uses along major transportation corridors (freeways, expressways, arterials, and rail lines). Operational noise on nonresidential properties is regulated at the property line with higher decibel allowances for industrial, manufacturing, and similar uses during the daytime hours.
There are special exceptions from noise limits for powered equipment, construction activities, deliveries, leaf blowers, warning devices, and utilities and emergencies. Clarifications have been made to these exceptions, but the content remains substantially the same as the existing Noise Code, particularly the restrictions on deliveries and leaf blowers.
See Attachment 7 for a redlined version of the Noise Code indicating the proposed changes. See Attachment 12 for a comparison of the existing and proposed Noise Code.
INTEGRATION OF ENVIRONMENTAL JUSTICE
Sunnyvale’s Approach to Environmental Justice
The City’s General Plan (together with the CAP and the Council Policy Manual) already contains
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goals and policies that address EJ issues broadly throughout the City, whereas SB 1000 requires EJ efforts to focus on DACs. As there are no DACs in Sunnyvale as defined by OEHAA, the proposed EJ policies center on addressing equity and inclusion, particularly in low-income areas exposed to higher levels of pollution. See Attachment 2 for the proposed General Plan amendments.
EJ Integration
State law requires specified cities to either add an EJ Element or integrate EJ objectives throughout the General Plan. Staff has elected to integrate EJ objectives in elements such as Air Quality and Safety, because of the connections between EJ topics and existing elements of the General Plan.
There are also new EJ policies that would be temporarily listed in Chapter 1 (Introduction of the General Plan), until the Community Vision Element and LUTE are next updated. At that time, these policies will be integrated into the appropriate elements and will be removed from Chapter 1. See Attachment 13 for the list of proposed EJ policies.
Environmental Justice Screening
Disadvantaged Communities
The City utilized CalEnviroScreen, a mapping tool developed by OEHHA to identify DACs. The tool uses criteria such as, level of pollution exposure (e.g., ozone, particulate matter, and traffic); proximity to pollution sources (e.g., industrial sites and hazardous materials); and economics (e.g., poverty, unemployment, and low income) to identify DACs. The tool identified two census tracts that may qualify as DACs. However, both census tracts extend beyond City limits and the populations reside outside of City boundaries in San Jose and Santa Clara. The portions of the tracts within Sunnyvale are not considered DACs because there are no residential uses. See Attachment 10 for the Environmental Justice Screening Analysis.
Low-Income Areas with High Pollution Exposure
The CalEnviroScreen tool identified two low-income census tracts near SR 237 and US 101 in Sunnyvale with a median household income at or below 80 percent of the statewide median income and ranked within the state’s top 25 percent of low-income tracts. These tracts are also identified as areas exposed to high pollution.
Proposed EJ Updates
The proposed updates are appropriate to address EJ issues in low-income areas exposed to higher levels of pollution to ensure equitable outcomes. These areas are most at risk given the prevalence of existing health risks, lack of resources, and proximity to high pollutant concentrations. The proposed policies are targeted at specific areas of Sunnyvale to prevent those areas from being disproportionately affected.
The proposed EJ updates follow OPR’s guidance and the SB 1000 Toolkit developed by the California Environmental Justice Alliance. The proposed updates aim to achieve the following goals:
· Reduce pollution exposure;
· Promote public facilities;
· Promote food access;
· Promote safe and sanitary homes;
· Promote physical activity;
· Promote civic engagement in the public decision-making process; and · Prioritize improvements and programs that address the needs of low-income areas exposed to
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higher levels of pollution.
EJ measures are already woven into existing General Plan goals and policies, and the proposed EJ policies will strengthen City practices and place more emphasis on reducing disparities, improving public participation, and controlling pollution as the City grows.
SAFETY ELEMENT AMENDMENT
The Safety Element includes information that identifies, plans, and responds to hazards such as seismic, structural, earthquake, flooding, and fire. The Safety Element update fulfills the requirements of SB 379 to integrate climate adaptation into the General Plan by referencing LHMPs or climate adaptation plans. The City adopted Santa Clara County’s LHMP (County Operational Area Hazard Mitigation Plan) in 2017. The City also adopted the CAP in 2019. Both these plans include climate adaptation measures in compliance with SB 379. The proposed Safety Element update includes references to the County’s LHMP and City’s CAP. There are also updates to the “Rise in Sea Level” section with information on climate-related hazards and a reference to a CAP strategy that focusses on adapting to climate change. Additionally, proposed EJ policies are added to the “Hazards and Disaster Preparedness and Response” section. See Attachment 2 for the proposed General Plan amendments.
Staff finds that the proposed updates comply with the requirements of SB 379 by providing safety for the community and planning for adaptation to climate change impacts.
FISCAL IMPACT
The proposed updates to the General Plan and modifications to the SMC will have no direct fiscal impact on the City.
PUBLIC CONTACT
Outreach and Study Sessions
Outreach
· Published outreach videos on the City’s website: August 10, 2020 · Published a public survey in the Open Town Hall public forum: August 10 - September 1, 2020 · Emailed outreach videos and the survey to interested parties, various advocacy organizations and neighborhood groups: August 12, 2020
See Attachment 14 for a summary of responses received from the public survey.
Public Review (April 5 - April 26, 2023)
· Emailed the Public Draft of the General Plan Amendments to interested parties, various advocacy organizations and neighborhood groups on April 5, 2023 (same group that was emailed in 2020 plus additional interested parties who requested to be added to the list); and · Posted the public draft on the City website on April 5, 2023.
Study Sessions
· Planning Commission Study Session: August 24, 2020
· Sustainability Commission Study Session: April 17, 2023 · Housing and Human Services Commission Study Session: April 19, 2023
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See Attachment 6 for the public draft of the General Plan amendments. Comments received comments during the public review period were from members of the public, Sunnyvale Commissioners and staff members; the draft amendments were updated based on the comments.
See Attachment 15 for commissioner and other public comments and Attachment 16 for the recommended revisions to the April 5, 2023 public draft.
Notice of Public Hearing, Staff Report and Agenda
· Published in the Sun newspaper;
· Posted on the City of Sunnyvale’s website;
· Agenda posted on the City’s official notice bulletin board; and · Emailed notices to interested parties, various advocacy organizations and neighborhood groups.
As of the date of staff report preparation, staff has not received any additional letters/emails from the public since the start of the public review period (April 5, 2023).
ALTERNATIVES
Forward Recommendations to the City Council related to the General Plan Air Quality, Noise, Safety, and Environmental Justice Update:
1. To take the following actions:
a. Adopt a Resolution (Attachment 2) to Amend the following Sunnyvale General Plan elements:
i. Chapter 1: Introduction (Environmental Justice);
ii. Chapter 6: Safety and Noise; and
iii. Chapter 7: Environmental Management (Air Quality). b. Introduce an Ordinance (Attachment 3) to repeal and replace Sunnyvale Municipal Code (SMC) Section 19.42.030 (Noise or Sound Level) and make related changes to Chapter
19.12 (Definitions).
c. Accept the Addendum (Attachment 4) to the Previously Certified Environmental Impact Report for the Land Use and Transportation Element of the Sunnyvale General Plan pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164.
2. Alternative 1 with modifications, provided the modifications are within the scope of the environmental review.
3. Do not take any action and provide direction on desired changes.
STAFF RECOMMENDATION
Alternative 1: Forward Recommendations to the City Council to take the following actions:
a. Adopt a Resolution (Attachment 2) to Amend the following Sunnyvale General Plan elements:
i. Chapter 1: Introduction (Environmental Justice);
ii. Chapter 6: Safety and Noise; and
iii. Chapter 7: Environmental Management (Air Quality). b. Introduce an Ordinance (Attachment 3) to repeal and replace Sunnyvale Municipal Code (SMC) Section 19.42.030 (Noise or Sound Level) and make related changes to Chapter
19.12 (Definitions).
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c. Accept the Addendum (Attachment 4) to the Previously Certified Environmental Impact Report for the Land Use and Transportation Element of the Sunnyvale General Plan pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164.
The proposed General Plan and Municipal Code amendments address Sunnyvale’s current air quality and noise conditions and includes mitigations to offset increased development as guided by the LUTE. The proposed air quality and noise updates will help protect new development from surrounding pollution and noise exposure and existing uses from new pollution and noise sources.
Integration of EJ objectives will strengthen the City’s overall equity, inclusion, and environmental protection goals, especially in low-income areas exposed to higher levels of pollution. The updates to the Safety Element will help the City comply with the state’s climate adaptation goals in accordance with recent state law.
Prepared by: Mary Jeyaprakash, Senior Planner
Reviewed by: George Schroeder, Principal Planner
Reviewed by: Shaunn Mendrin, Planning Officer
Reviewed by: Trudi Ryan, Director of Community Development Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Reserved for Report to Council
2. Draft Resolution for General Plan Amendments
3. Draft Ordinance Repealing and Replacing SMC Section 19.42.030 and Amending SMC Chapter 19.12
4. Addendum to Land Use and Transportation Element Update EIR with Public Draft General Plan Amendments
5. Link to Land Use and Transportation Element Draft EIR
6. Link to Project Webpage and Public Draft of General Plan Amendments
7. Redline Draft of Sunnyvale Municipal Code Chapter 19.12 and Section 19.42.030
8. Air Quality and Environmental Justice Background Report
9. Noise Background Report
10. Environmental Justice Screening Analysis
11. Existing Environmental Justice Goals, Policies, and Actions
12. Comparison of Existing and Proposed Noise Code
13. Comparison of Existing and Proposed General Plan Goals, Policies, and Actions
14. Summary of Responses from Public Survey
15. Summary of Commission and Other Public Comments
16. Revisions to Public Draft of the General Plan Amendments
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