CC 05-04-2021 Item No. 12 Secondhand Smoke_Staff PresentationMay 4, 2021Reducing Exposure to Secondhand SmokeCC 05-04-2021 Item No. 12
•3/2/21: Council conducted first reading of Ordinance 21-2224 to reduce exposure to secondhand smoke•Ordinance requires smoke-free•Multi-unit housing•Entryways•Public events, service areas, outdoor worksitesBackground
•3/2/21: Ordinance 21-2224 amended to require attachedADUs to be smoke-free•Council requested additional research on:•Designated smoking areas: setback from neighbors•Including detachedADUs and JADUs•Draft ordinance includes proposed amendmentsBackground
•Researched laws in Santa Clara and San Mateo County •Only the City of Santa Clara restricts the location of designated smoking areas in proximity to neighboring property (30 feet)Designated Smoking Areas
•Ordinance 21-2224 allows properties to create a designated smoking area if it: •Is outdoors•Is 30 feet from areas used by kids or for physical activity•Is 30 feet from doors, windows of MUH•Has a clearly marked perimeter with signs•Has a receptacle for cigarette buttsDesignated Smoking Areas
•Proposed amendment would also require that designated smoking areas:•“Be a Reasonable Distance in any direction from a Nonsmoking Area and/or any operable doorway, window, opening or other vent into an enclosed area of adjacent private property” •Examples: a neighboring home or parkDesignated Smoking Areas
•All other SCC multi-unit housing ordinances exempt ADUs from smoke-free multi-unit housing ordinances•San Bruno, San Mateo, and South San Francisco include attachedADUS and exempt detachedADUs•Albany and Pasadena include all ADUs in their smoke-free multi-unit ordinancesAccessory Dwelling Units (ADUs)
•Ordinance 21-2224 amended on 3/2/21 to include attachedADUs within the definition of multi-unit housing•Proposed amendment would prohibit smoking in attached anddetached ADUs and JADUs•“Multi-unit Residence” also includes single-family homes with an attached or detached accessory dwelling unit, junior accessory dwelling unit, or second unit.Accessory Dwelling Units (ADUs)
ADUs*Image not representative of ADU regulations for setbacks from property lines
1. Reintroduce with amendments and conduct the first reading of Ordinance No. 21-2227: “An Ordinance of the City Council of the City of Cupertino amending City Code Chapter 10.90 of Title 10 (Public Peace, Safety, and Morals) to prohibit smoking in multi-unit housing and certain outdoor areas” •Adds additional setback requirements for designated smoking areas •Includes detached single-family homes with attached and detached ADUsRecommended Action (Option 1)
2. Conduct the second reading and enact Ordinance No. 21-2224 “An Ordinance of the City Council of the City of Cupertino amending City Code Chapter 10.90 of Title 10 (Public Peace, Safety, and Morals) to prohibit smoking in multi-unit housing and certain outdoor areas”•Does not include setback requirements for designated smoking areas•Includes single-family homes with attached ADUsRecommended Action (Option 2)
Questions?