2023 S-91 SupplementCUPERTINO, CALIFORNIA
Instruction Sheet
2023 S-91 Supplement
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TITLE 9: HEALTH AND SANIT ATION
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TITLE 17: ENVIRONMENT AL REGULATIONS
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'ITLE 19: ZONING
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INDEX
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CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
S-91 Supplement contains:
Local legislation current through Ordinance 23-2247, passed 3-7-2023
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COPYRIGHT @ 2023
AMERICAN LEGAL PUBLISHING
TITLE 2: ADMINISTRATION AND PERSONNEL
2023 S-91
Chapter
2.04.
2.06
2.08
2.12
2.16
2.17
2.18
2.20
2.24
2.28
i,l(i
2.32
2.36
2.40
2.48
2.52
2.60
2.64
2.68
2.74
City Council-Election and Meetings
(Reserved)
City Council-Rules and Conduct of Meetings
Introduction and Passage of Ordinances
City Council- Salaries
City Council/City Staff Relationships
City Attorney
City Clerk
City Treasurer
City Manager
('@<iB jillf()pBBpl% (jjPi@(iy
Planning Commission
Park and Recreation Commission
Emergency Management Program
Departmental Organization
Personnel Code
Public Safety Commission
(Reserved)
Library Commission
Cupertino Technology, Information, and Communications
Commission
Landlord-Tenant Mediation-Issuance of Subpoenas
Arts and Culture Commission
2.84 (Reserved)
2.86 Housing Commission
2.88 Audit Committee
2.90 (Reserved)
2.92 Bicycle Pedestrian Commission
2.94 Sustainability Commission
2.95 Teen Commission
2.96 (Reserved)
2.100 Regulation of Lobbying Activities
2.110 Teleconference Meetings
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Cupertino - Administration and Personnel 2
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2.32.010
CHAPTER 2.32: PLG COMMISSION*
Section
2.32.010 Established.
2.32.020 Terms of Office.
2.32.030 Vacancy or removal.
2.32.040 Chairperson.
2.32.050 Meetings.
2.32.060 Amendments-Records.
2.32.070 Powers and functions.
2.32.080 Procedural rules.
For statutory provisions regarding the
eStaD}iShment Ofa Ciry pianning comi-riissio-u,
see Gov. Code F3 65100 et seq.-See Title 17,
Zoning.
Prior ordinance history: Ords. 5, 5(b), 5(c),
5(d), 167, 1166, 1213, 1321, l459, 1549 and
1697.
2.32.010 Established.
The City Planning Commission is established. The
City Planning Commission shall consist of five members,
none of whom shall be officials or employees of the City and
none of whom shall cohabit with as defined by law, nor be
related by blood or marriage to any other member of the
Commission, the City Manager or the staff person(s)
assigned to this Commission. The five members shall be
appointed by the Cit5r Council. Each member shall be a
qualified elector in and resident of the City. Each member
shall receive compensation as established by resolution of
the City Council. (Ord. 1787, § 1 (part), 1998)
2.32.020 Terms of Office.
A. Cornrnissioners serve at the pleasure of the City
Council. The term of office of the members of the Planning
Commission shall be four years and shall end on January
30th of the year their term is due to expire. No
commissioner shall serve more than two consecutiye terms
except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment, and rules
governing iiicumbent members of the Commission are
governed by the Resolution of the City Council which
governs advisory bodies. (Ord. 18-2180, § 1 (part), 2018;
Ord. 1974, 814 (part), 2006; Ord. 1787, 8, 1 (part), 1998)
2.32,030 Vacancy or Removal.
Any appointed member may be removed by a majority
vote of the City Council. If a vacancy occurs other than by
expiration of a term, it shall be filled by the Mayor's
appcimrrierit far tne llIlcxp!red pcrticri cf the terrr. (Or('.
1787, S, l (part), 1998)
2.32.040 Chairperson.
The commission shall elect its Chairperson and Vice-
Chairperson from among its members. The terms of the
Chairperson and Vice-Chairperson shall be for one year.
(Ord. 2015, § 7, 2008; Ord. 1787, § 1 (part), 1998)
2.32.050 Meetings.
A. The City Planning Conunission shall hold regular
meetings on the second and fourth Tuesdays of each month
at six forty-five p.m. and may adjourn any regular meeting
to a date certain, which shall be specified in the order of
adjournment and when so adjourned, such adjourned
meeting shall be a regular meeting for all purposes. Such
adjourned meetings may likewise be adjourned and any so
adjourned meeting shall be a regular meeting for all
purposes.
City Planning Commission meetings that fall on legal
holidays shall automatically be moved to the following day.
B. Special meetings of the Commission may be
called at any time by the Chairperson or by any three or
more members ofthe Cornrnissionuponwrittennotice being
given to all members of the Commission and received by
them at least twenty-four hours prior to the meeting, unless
notice requirement is waiyed in writing by the member.
(Ord. 1942, 2004; Ord. 1787, § 1 (part), 1998)
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2.32.060 Cupertino - Administration and Personnel 30
2.32.060 Amendments-Records.
A. Theaffirmativevoteofnotlessthanamajorityof
its total voting members is required to approve a
recommendation to amend the zoning ordinaiice; the
affirmative vote of a majority present with a quorum present
is required to take any other action.
B. The Cornrnission shall keep an accurate record of
its proceedings and transactions, and shall render such
reports to the Council as may be required by 6rdinance or
resolution, and shall submit an annual report to the Mayor.
These records shall be filed with the City Clerk. (Ord.
18-2180, 8, 1 (part), 2018; Ord. 1787, § 1 (part), 1998)
2.32.070 Powers and Functions.
The powers and functions of the City Planning
Commission shall be as follows:
A. Prepare, periodically review, and revise as
necessary, the General Plan;
B. Implement the General Plan through actions
iiicluding, but not limited to, the administration of specific
PLANS ana zCiil*g, Ski!ud!V!S';OnS, ana S!gn OrdInancesai
C. Annually review the capital improvement
program of the City and the local public works projects of
other local agencies for their consistency with the General
Plan (pursuant to Sections 65400 et seq. of the California
Government Code);
D. Endeavor to promote public interest in, comment
upon, and understanding of the General Plan, and regulation
relating to it;
E. Consult and advise with public officials and
agencies, public utility companies, civic, educational,
professional, and other organizations and citizens generally
concerning implementation of the General Plan;
F. Promote the coordination of local plans and
programs with the plans and programs of other agencies;
G. Perform other functions as the City Council
provides including conducting studies and preparing plans
other than those required or authorized by state law. (Ord.
23-2247, § 1 (part), 2023; Ord. 1844, § 1 (part), 2000; Ord.
1787, § 1 (part), 1998)
2.32.080 Procedural Rules.
The Planning Cornmissionmay adopt fromtime to time
such rules of procedure as it may deem necessary to
properly exercise its powers and duties. Such rules shall be
subject to approval by the Council before becoming
effective. All such rules shall be kept on file with the
Chairperson of the Planning Commission and the Mayor and
a copy thereof shall be furnished to any person upon
request. (Ord. 1844, § 1 (part), 2000; Ord. 1787, § 1
(part), 1998)
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2.88.010
CHAPTER 2.88: AUDIT COMMITTEE
Section
2.88.010
2.88.020
2.88.030
2.88.040
2.88.050
2.88.060
2.88.070
2.88.080
2.. 88.090
2.88.100
2.88.il0
2.88.120
2.88.130
Established-Composition.
At large member-Qualifications.
Terms of Office.
Members-Vacancy prior to expiration of a
term.
Chairperson.
Meetings.
Compensation-Expenses.
Majority vote required.
Records.
Duties-Powers-Responsibilities.
City Staff assistance.
Procedural rules.
Effect.
2.88.010 Established-Composition.
A The Audit Committee of the City is established.
The Audit Committee shall consist of five members as
follows:
1. Two City Council members;
2. A minimum of Two and a maximum of three at
large members who are not officials or employees of the
City nor cohabit with, as defined by law, nor be related by
blood or marriage to, any member of the committee, the
City Manager or the staff person or persons assigned to the
ccrnmittee. (Ord. 1913, (part), 2003; Ord. 1874, §](part),
2001; Ord. 1679, f§ 1 (part), 1995)
2.88.020 At Large Member-Qualifications
An Audit Committee at large member is not required
to be a Cupertino resident. In selecting an at large member,
the City Council shall give priority to individuals who have
substantial accounting, audit, or investment experience,
preferablyinconnectionwithagovernrnentalagency. (Ord.
1913, (part), 2003; Ord. 1874, F§ 1 (part), 2001; Ord. 1679,
§ 1 (part), 1995)
2.88.030 Terms of Office.
A. Audit Committee members serve at the pleasure
of the City Council. The term of office of the members of
the Audit Committee shall be for four years cornrnencing on
the date of their respective appointments to the Audit
Committee and shall end on January 30th of the year the
terms are due to expire. No Audit Committee member shall
serve more than two consecutive terms unless he or she has
been appointed to the committee to fill an unexpired term of
less than two years.
B. The appointment, reappointment and rules
governing incumbent members of the Audit Committee are
governed by the Resolution of the City Council which
governs advisory bodies. (Ord. 18-2180, § 10 (part), 2018;
Ord. 1974, § 1, 2006; Ord. 1679, 8)1 (part), 1995)
2.88.040 Members-Vacancy Prior to Expiration of a
Term.
If a vacancy occurs other than by expiration of a term,
it shall be filled by the City Council's appointment for the
unexpired portion of the term. (Ord. 1679, § l (part), 1995)
2.88.050 Chairperson.
The committee shall elect its chairperson and vice
chairperson from among its members and shall appoint a
secretary. Terms of the chairperson and vice chairperson
shall be for one year. Upon approval of the City Council,
the City Manager may appoint a secretary who need not be
a member of the committee. (Ord. 2015, FS) 1, 2008; Ord.
1679, § l (part), 1995)
2.88.060 Meetings.
A. The Audit Cornrnittee shall establish a regular
time and place of meeting and rules of conduct thereof and
shall hold at least one regular meeting quarterly.
B. A majority of the Audit Conunittee shall
constitute a quorum for the purpose of transacting the
business of the committee. (Ord. 1679, § 1 (part), 1995)
2.88.070 Compensation-Expenses.
Members shall serve on the Audit Committee without
compensation, but all necessary expenses reasonably
incurred by them while acting in their official capacity shall
be paid by appropriate action of the City Council. (Ord.
1679, F§ 1 (part), 1995)
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2.88.080 Cupertino - Administration and Personnel
2.88.080 Majority Vote Required.
A majority vote of the quorum is required to approve
a recommendation on any matter that is presented to the
committee which requires a vote. (Ord. 1679, Fg 1 (part),
1995)
2.88.090 Records.
The committee shall keep an accurate record of its
proceedings and transactions and shall render such reports
to the City Council and Planning Commission as may be
required. These records shall be filed with the City Clerk.
(Ord. 18-2180, § 10 (part), 2018; Ord. 1679, 8) l (part),
1995)
2.88.100 Duties-Powers-Responsibilities.
The powers and functions of the Audit Committee shall
be as follows:
A. To review the annual audit report and
management letter;
B. To recommend appointment of auditors;
C. TO rev!eW !!le QtiartcrlY Treasllrer's ii.yestrient
report;
D. To recommend a budget format;
B. To review City investment policies and internal
controls of such policies;
F. To recommend appointment of internal auditors;
G. To review internal audit reports;
H. To review quarterly Fraud, Waste, and Abuse
Program reports. (Ord. 23-2247, F3 1 (part), 2023; Ord.
22-2243, 8, 1, 2022; Ord. 20-2208, 831, 2020; Ord. 1679,
§ 1 (part), 1995)
2.88.110 City Staff Assistance.
The Audit Committee shall have available to it such
assistance of City staff as may be required to perform its
functions, the staff assignments and administrative
procedures to be under the general direction and supervision
of the Director of Adtninistratiye Services. (Ord. 1679, § 1
(part), 1995)
2.88.120 Procedural Rules.
The Audit Cottee may adopt from time to time
such rules of procedure as it may deem necessary to
properly exercise its powers and duties. Such i'ules shall be
subject to approyal by the Council before becorning
effectiye. All such rules shall be kept on file with the
chairperson of the Audit Committee, the Mayor, and the
City Clerk and a copy thereof shall be furnished to any
person upon request. (Ord. 1679, !) 1 (part), 1995)
2.88.130 Effect.
Notlmg in this chapter shall be construed as restricting
or curtailing any powers of the City Council or City
officers. (Ord. 1679, F§ 1 (part), 1995)
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CHAPTER 2.96: RESERVED
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2023 S-91
9.20.010
CHAPTER 9.20: OFF-SITE HAZARDOUS WASTE FACILITIES
Section
9.20.010
9.20.020
9.20.030
9.20.040
9.20.050
9.20.060
9.20.070
9.20.080
9.20.090
9.20. 100
9.20.110
9.20. 120
9.20. 130
9.20. 140
9.20. 150
9.20. 160
9.20. 170
9.20. 180
9.20. 190
9.20.200
9.20.210
9.20.220
9.20.230
9.20.240
9.20.250
9.20.260
9.20.270
9.20.280
9.20.290
9.20.300
9.20.310
Purpose.
Applicability.
Definitions.
Application procedure.
Notice of intent-Newspaper publication.
Consistency with general plan.
Public hearing by OPA.
Local application for land use approval.
Appointment of Local Assessment
Cornrnittee.
Reserved.
Public hearing by Planning Commission.
Final decision.
Appeal.
Application requirements.
Health and safety assessment.
Risk assessment.
Emergency contingency plan.
Closure plan.
Monitoring plan.
Siting criteria response.
Hearing notification list-Mailing labels.
Consistency requirement.
LAC-Appointment Membership.
LAC-Duties and responsibilities.
LAC-Funding.
OPA assistance.
Sunset clause.
Public hearings-Notification.
Criteria for the siting of transfer,
treatment or incineration facilities.
Use of permit.
Penalties.
9.20.010 Purpose.
The purpose of this chapter is to establish uniform
standards, land use regulations ai'id a permit review process
for controlling the location, design, maintenance and safet5r
of off-site hazardous waste treatment, storage, transfer and
disposal facilities. This chapter is intended to implement the
City's policies concerning hazardous waste management, as
contained in the public health and safety element of the
general plan, and is enacted in accordance with the statutory
authority granted to local government agencies under the
California Health and Safety Code. (Ord. 1555, Part 1 § 1,
1991)
9.20.020 Applicability.
A, General. The specific requirements of this
chapter are applicable to the siting and development of
hazardoris waste treatment, storage, transfer and disposal
facilities as defined in Section 9.20.030 of this chapter.
B. Exceptions. The provisions of this chapter shall
not apply to permanent on-site hazardous waste management
facilities at locations where hazardous waste is produced,
ayid which are owned by, leased to, or are under the control
of the producer of the waste.
C, State License Required. All hazardous waste
management facilities regulated by this chapter shall require
state licensing prior to installation and operation. The
project sponsor shall assume all responsibility in connection
with obtaining licenses and entitlements from all other
agencies having jurisdiction over such facility. (Ord. 1555,
Part 2 §§ 1-3, 1991)
9.20.030 Definitions.
Ui'iless otherwise stated, the following definitions
pertain to this chapter:
A. "Applicant" means aiiy person, agent, firm or
entity applying to the City for a permit or a land use decision
concerning a specified hazardous waste facility, or as
otherwise defined under the term "proponent" contained in
California Health and Safety Code, Section 25199.1(i).
B. "City" means the City of Cupertino, a California
municipal corporation.
C. "County" means the county of Santa Clara,
California,
D. "Director" means the Director of Community
Development of the City of Cupertino, or authorized agent
or designee thereof.
E. "Governor's Appeal Board" means a panel
formed to review the appeal by an applicant, as defined
herein, of a specific hazardous waste facility land use
application denied by the City, or of one or more conditions
of approval attached to any offsite hazardous waste facility
land use decision, or an appeal brought by an interested
persor., as defined herein, for review of any hazardous
2023 S-91 39
9.20.030 Cupertino - Health and Sanitation 40
waste facility land use decision on the grounds tltat the
conditions imposed therein do not adequately protect the
public health, safety and welfare. The Governor's Appeal
Board membership, purpose and procedures are defined in
the California Health and Safety Code, Sections 25199.9
through 25199.14.
F. "Hazardous waste" means a waste, or
combination of wastes, which because of its quantity,
concentration, toxicity, corrosiveness, mutagenicity,
flammability or physical, chemical or infectious
characteristics may cause or significantly contribute to an
increase in mortality or serious, irreversible or
incapacitating illness, or pose a substantial present or
potential hazard to human health or the environment when
improperly treated, stored, transported or disposed of, or
otherwise mismanaged.
G. "Healthandsafetyassessmeni"meansatecmical
and environrriental evaluation of a proposed facility site to
consider the physical and chen'ffcal characteristics of the
specific types of wastes that would be processed in the
facility. The assessment shall include all content described
in Sections 9.20. 140-9.20.220 of this chapter.
H. "Immobile population" means persons present in
schools, hospitals, convalescent homes, prisons, facilities
for the ientally ill, and other similar facilities.
I. "Interested person" means any individual or
group of persons who participated in one or more public
hearings held to consider an application for a land use
decision for a specific hazardous waste facility.
"Participation," for purposes of this definition, shall
include, lout not be limited to, attendance at, giving of
testimony at, or submission of written or verbal questions at
a meeting or hearing concerning said application.
l "Land use decision" means a discretionary
decision given by the City concerning a specific hazardous
waste facility including the approval of a change of zone,
planned development.
K. "Local Assessment Cornrnittee (LAC)" means a
committee of locally appointed representatives whose
membership, daties and mission are defined in California
Health and Safety Code, Section 25199.7(d), and as
described in Sections 9.20.230-9.20.270 of this chapter.
L. "Off-site hazardous waste facility" means any
structure(s), other appurtenances or improvements on the
land, and all contiguous land serving more than one
producer of hazardous waste and used for the treatment,
transfer, storage, resource recovery, disposal or recycling
of hazardous waste, including but not limited to:
1. Chemical oxidation facility;
2. Incineration facility;
3. Neutralization/precipitation facility;
4. Stabilization/solidification facility;
5. Transfer/storage facility.
M. "Office of Permit Assistance (OPA)" means the
State of California Office of Permit Assistance.
N. "OfficeofPlanningandResearch(OPR)"means
the State of California Governor's Office of Planning and
Research. (Ord. 2056, (part), 2010; Ord. 1555, Part 3,
1991)
9.20.040 Application Procedure.
The following steps identify the actions to be taken for
processing of an application for an off-site hazardous waste
facility, by the applicant, State and City. (Ord. 1555, Part
4 (part), 1991)
9.20.050 Notice of Intent-Newspaper Pubncation.
A. At least ninety days prior to filing an application
witl'i the City for a land use decision for an offsite hazardous
svaste facility, the applicant shall file with the Office of
Permit Assistance, and with the County a notice of intent
(NOI) to make application.
B. The City shall publish a notice in the Cupertino
Courier, the official newspaper of general circulation in the
City, that an NOI has been filed, and summarizing the
scope, intent and location of the project. The City shall also
notify by direct mail owners of property contiguous to the
proposed location of the facility, as said owners are listed on
the latest equalized assessment roll. The City shall collect
a fee from the applicant equal to the cost of notification
required by this section. (Ord. 1555, Part 4 § 1, 1991)
9.20.060 Consistency with General Plan.
A, Within forty-five days of receiving the NOI, the
City shall issue to the applicant and to OPA a written
determination that the proposed application is or is not
consistent with the Cupertino general plan, and with the
Santa Clara County hazardous waste management plan.
Said determination shall be made foliowing a public hearing
before the Planning Commission and City Council, in
accordance with the provisions of Section 9.20.280 of this
chapter.
B. If the city determines that the application is
inconsistent with either the Cupertino generaI plan or the
Santa Clara County hazardous waste management plan, the
applicant shall be advised in svriting of the specific issue(s)
of inconsistency. The applicant may elect to modify the
application and refile the NOI with the Office of Permit
Assistance, to withdraw the application, or to proceed with
the application in its original form. Should the applicant
elect to proceed with a project which is found to be
inconsistent with the general plan, such determination may
be used as the basis for denial of a City land use application
at a subsequent hearing, even if said application is
determined to be otherwise complete in accordance with the
requirements of Sections 9.20. 140-9.20.220 of this chapter.
(Ord. 1555, Part 4 § 2, 1991)
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2010 S-25
41 Off-Site Hazardous Waste Facilities 9.20.070
( 9.20.070 Public Hearing by OPA.
Within ninety days after the filing of the notice of
intent with the Office of Permit Assistance, the city shall
establish a date, time and location within Cupertino for OPA
to conduct an informational public hearing concerning the
nature, function and scope of the proposed facility, and
describe the procedures required to review the project
application. Notice of the hearing shall be given in
accordance with the provisions of Section 9.20.280 of this
chapter. The City's Director of Community Development
shall attend the OPA hearing in the role of m information
resource person. (Ord. 1555, Part 4 8, 3, 1991)
9.20.080 Local Appncation for Land Use Approval.
Following the OPA liearing described in Section
9.20.070, the applicant may file application(s) for City land
use approval actions. The City shall inform the applicant
witl'iin tlxirty days that the subject application(s) is/are
complete in regard to tlie content and form specifications of
Sections 9.20.1409.20.220 of this chapter, and that the
requisite number of copies of required material have been
received, or shall describe in detail the materials needed to
correct the incomplete nahire of the subrnittal. In no case
shall application(s) for local land use approval be deemed
complete without payment in full of the following fees:
A. Land use application fee(s);
B. Fee for establishing, convening and staffing the
Local Assessment Committee as described in Section
9.20.250 of this chapter.
C. Technical assistant grant funds as described in
Section 9.20.250(B) of this chapter.
Within ten days of the City's acceptance of
application(s) for local laiid approval actions as complete,
the City shall so notify OPA in writing. (Ord. 1555, Part 4
§ 4, 1991)
9.20.090 Appointment of Local Assessment Committee.
Within thirty days after acceptance of the application(s)
for local land use approval actions as complete, the City
Council shall appoint a Local Assessment Committee in
accordance with the provisions of Section 9.20.230 of this
chapter.
A. ScopingMeeting. Witliintheprescribedstatutory
time limits following notification to OPA that the
application(s) for local land use approval(s) is/are complete,
the OPA shall convene a scoping meeting at a date, time and
place within the City, subject to the hearing notice
requirements provided in Section 9.20.280 of this chapter.
The purpose of said scoping meeting is to determine the
issues which concern the agencies required to review the
proposed facility, and the issues which concern the public,
including review of the project under the California
Environmental Quality Act. The applicant, the LAC, the
Cupertino Director of Cornrnunity Development,
and representatives of the lead agency and responsible
agencies shall attend the scoping meetings.
B, Meet and Confer. Following the scoping meeting
described in subsection A, the applicant, the Local
Assessment Committee (LAC) and LAC staff shall meet and
confer for purposes of establishing terms and conditions
under which the proposed offsite hazardous waste facility
may be acceptable to the city. Based on the results of the
meet and confer session, the applicant may amend the
application materials sul+rnitted for the local land use
decision. The requirement for environmental assessment for
the project may be waived by the City if the applicant agrees
that an environmental impact reportmust be prepared for the
project. (Ord. 23-2247, 8) 1 (part), 202.3; Ord. 1555, Part 4
§ 5, 1991)
9.20.100 Reserved.
9.20.110 Public Hearing by Planning Commission.
A. TheCityshallconductapublichearingbeforethe
Planning Commission for the local land use application(s)
affecting the proposed off-site hazardous waste facility. The
public hearing shall be subject to the notification
requirements described in Section 9.20.280 of this chapter.
B. The Planning Commission's decision(s) on the
application(s), whether a final action or a recommendation
to the City Council, shall be rendered in accordance with
procedural ordinance, Ordinance No. 652.
(.. The Planning Commission's decision(s) to
approve the application(s), whether final action or a
recommendation to the City Council, shall be accompanied
by the following written findings for each separate action:
1. That the proposed facility is consistent wiith the
Cupertino general plan;
2. That the proposed facility will not be detrimental
to the health, safety or general welfare of the community;
2023 S-91
9.20.110 Cupertino - Health and Sanitation 42
3. That the proposed facility is consistent with the
provisions of the Association of Bay Area Governments'
regional fair share memorandum of understanding, and with
the siting policies established in the Santa Clara County
hazardous waste management plan;
4. That the proposed facility is consistent with the
siting criteria stated in Section 9.20.290 of this chapter.
(Ord. 23-2247, 8) l (part), 2023; Ord. 1555, Part 4 83 7,
1991)
9.20,120 Final Decision.
Recommendation(s) of the Planning Coinmission
concerning local land use application(s) for an offsite
hazardous waste facility shall be subject to final decision of
the City Council, which shall be given at a public hearing
preceded by notification requirements as described in
Section 9.20.280 of this chapter. (Ord. 1555, Part 4 § 8,
1991)
9.20.130 Appeal.
An applicant or an interested person may file an appeal
of a land use decision made by the City Council to the
Governor's Appeal Board within thirty days after the date on
which the City Council takes final action on the land use
application. Appellants shall follow the procedure outlined
in the California Health and Safety Code, Sections 25199.9
through 25199. 14. (Ord. 1555, Part 4 8) 9, 1991)
9.20.140 Application Requirements.
The following materials are required for subrnittal of
a complete application for an off-site hazardous waste
facility:
A. Completed application form, including
signature(s) of property owner(s), fi]jug fees and deposit of
other funds as specified in this chapter;
B. Completed initial study checklist, unless an
environmental impact report is to be prepared by prior
agreement between the applicant and City;
C. Site plan drawn to an appropriate scale which
describes:
1. Dimensions of the property and all existing and
proposed structures;
2. Surrounding properties and improvements, and
adjoining public roadways within one hundred feet of the
boundary of the property;
3. Setbacks, circulation aisles, roadways and
parking, ingress and egress driveways;
4. Actual location of known earthquake fault zones
or one hundred year flood plain within one hundred feet of
the property, or note describing proximity of such zones if
more than one hundred feet distant;
5. Existing and proposed topography of site,
includiiig pad elevation for existing and proposed structures
and the surrounding area within one hundred feet of the
property boundary;
6, Identification of utilities to serve the proposed
facility;
7. Location of buffer zones, fire hydrants,
containment berms or other life safety and property
protection areas and devices that may be required in
accordance with environmental impact mitigation or
strategies indicated in the emergency contingency plan, or
risk assessment required for the application in Section
9.20.170 and Section 9.20. 160, respectively, of this chapter.
8. Such other information as the Director may deem
necessary according to the specific circumstances of the site
or facility proposed.
D. Architectural elevations for proposed structures
or for those existing structures which will be modified in the
context of the application, including niaterials, a color
palette and building height dimensions.
B. Conceptual landscape plan with certification of
compliaixce with the Cupertino xeriscape guidelines
program. (Ord. 1555, Part 5 F§ 1, 1991)
9.20.150 Health and Safety Assessment.
The application for an off-site hazardous waste facility
shall also iiiclude the following elements of a health and
safety assessment. The Director and/or Local Assessment
Committee shall have the authority to require specific items
of content inthe report addressing each element of the health
and safety assessment, according to the specific
circumstances of the site or facility proposed.
A. Geotechnical element to deLerinine tlie proximity
of known active or potentially active faults, landslides or
other hazards which could affect the proposed facility
design, or which might expose the operation thereof to
earthquake or landslide hazards, and proposed mitigation of
such hazards if required. The complete scope of work for
the study shall be provided by the City Geologist prior to
commencement of work on the study.
B. Hydrology element to consist of the following
information:
1. Identification of all wastewater generated by the
proposed facility, treated and untreatea, the method of
treatment and place of final discharge;
2. Identification of known aquifers on or within
proximate distance of the site of the proposed facility, and
impact of the project upon the aquifers regardless of the
potability of the aquifers.
C. Traffic element to deterinine the daily trip
generation rate for the proposed facility, especially the trip
rate during the weekday evening ping peak hour, impact on
existing le'vel of service for any signalized intersection inthe
project vicinity, and identification of the haul rate from the
City limits to the facility, including any likely alternatives.
D. Hazardous waste element to identify the amounts
(tonnage) and types of hazardous wastes to be treated at the
2023 S-91
TITLE 17: ENVIRONMENT AL REGULATIONS
Chapter
17.02. California Environmental Quality Act
17.04. Standard Environmental Protection Requirements
17.08. Evaluation of Transportation Impacts Under the California
Environmental Quality Act
1
2023 S-91
Cupertino - Environmental Regulations 2
CHAPTER 17.02: CALIFORNIA ENVIRONMENT AL QUALITY ACT
Section
17.02.010
17.02.020
Review of CEQA Documents.
CEQUA Procedures.
17.02.010 Review of CEQA Documents.
The approval authority for any discretionary project
undertaken by the City shall be responsible for the re'view
and approval of negative declarations and environmental
impact reports prepared pursuant to the California
Environmental Quality Act. If a legislative body advisory to
the City Council makes recommendations with respect to Uhe
approval of any discretionary project that is not exempt from
environmental review under the California Environmental
Quality Act, the advisory body shall consider the negative
declaration or environmental impact report for the project at
a public hearing and may make recornrnendations to the City
Council regarding the environmental review document.
(Ord. 23-2247, "' 1 (part), 2023)
17.02.020 CEQA Procedures.
Pursuant to Title 14, Section 15022(d) of the California
Code of Regulations, the CEQA Guidelines adopted by the
Governor's Office of Planning and Research (Title 14,
Division 6, Chapter 3 of the California Code of
Regulations), as may be amended from time to time, shall
apply to all discretionary projects in the City. The City
Manager shall promulgate any administrative procedures
necessary to tailor the guidelines to the specific operations
of the City.
(Ord. 23-2247, § 1 (part), 2023)
17.02.010
2023 S-91 2A
Cupertino - Environmental Regulations 2B
13 Definitions 19.08.030
farther than one-half mile from the stop and if not more than
10 percent of the units or 100 units, whichever is less, in the
housing development are farther than one-half mile from the
stop as set forth in Government Code Section
65915(p)(3)(A), as may be amended.
"Manufacturing" means a use engaged in the
manufacture, predominantly from previously prepared
materials, offinishedproducts orparts, includingprocessing
fabrication, assembly, treatment, packaging ofproducts, but
excluding basic industrial processing of extracted or raw
materials, processes utilizing inflammable or explosive
material (i.e., materials which ignite easily under normal
manufachiring conditions), and processes which create
hazardous or commonly recognized offensive conditions.
"Massage" means any method of pressure on or
friction against or stroking, kneading, rubbing, tapping,
pounding, vibrating or stimulating the external parts of the
human body with the hands or with any mechanical or
electrical apparatus or other appliances or devices with or
without such supplementary aides as rubbing alcohol,
liniment, antiseptic, oil, powder, cream, lotion, ointment or
other similar preparations.
"Massage parlor" means a building or portion thereof,
or a place where massage is administered for compensation
or from which a massage business or service for
compensationis operated which is not exempted or regulated
by the Massage Establishment Ordinance as contained in
Title 9, Health and Sanitation of the Cupertino Municipal
Code, Chapter 9.06.
"Maxirnumallowableresidential density," forpurposes
of Chapter 19.56, Density Bonus, means the maximum
density allowed under the zoning ordinance and land use
element of the general plan. For purposes of that Chapter,
if the maximum density allowed under the zoning ordinance
is inconsistent with the density allowed under the land use
element of the general plan, the general plan density shall
prevail.
"Minor change" means an alteration or modification of
an existing plan, development or project which is
substantially inferior in bulk, degree or importance to the
overall dimension and design of the plan, development or
project with no change proposed for the use of the land in
question, no change proposed in the character of the
structure or structures involved, and no variance required,
"Mobilehome" means a vehicle, other than a motor
vehicle, designed or used as semi-permanent housing,
designed for human habitation, for carrying persons and
property on its own structure, and for being drawn by a
motor vehicle, and shall include a trailer coach.
"Mobilehome park" means any area or tract of land
where lots are sold, rented, or held out for rent to one or
more owners or users of mobilehomes, excluding
travel-trailers for the purpose of permanent or
semi-permanent housing.
"Moderate income household" means a household
whose gross income does not exceed that established by
Section 50093 of the Health and Safety Code, as may be
amended.
"Multiple-family use" means the use of a parcel for
three or more dwelling units which may be in the same
building or in separate buildings on the same parcel.
"Muntins" means strips of wood, metal, or other
materials that physically separate and support individual
panes of glass in a window or visually separate a single pane
of glass in a window into different sections.
N. "N" Definitions:
"Natural grade" means the contour of the land prior to
improvements or development, unless otherwise established
by a City approved grading plan that is part of a subdivision
map approval.
"Nightclub" means an establishment providing
alcoholic beverage service and late evening (past eleven
p.m.) entertainn'ient, with or without food service.
0. "O" Definitions:
"Office" means:
1. "Administrati've or executive offices" including
those pertaining to the management of office operations or
the direction of enterprise but not including merchandising
or sales services.
2. "Medical office" means a use providing
consultation, diagnosis, therapeutic, preventative or
correctiye personal treatment services by doctors, dentists,
medical and dental laboratories, and similar practitioners of
medical and healing arts for humans, licensed for such
practice by the State of California and including services
related to medical research, testing and analysis.
3. "Professionaloffices"suchasthosepertainingto
the practice of the professions and arts including, but not
limited to, accounting, architecture, dentistry, design,
engineering, incIuding associated testing and prototype
development, but excluding product manufacturing and/or
assembly, law and medicine, but not including sale of drugs
or prescriptions except as incidental to the principal uses and
where there is external evidence of such incidental use.
4. "Office district," for purposes of the Sign
Ordinance, means those buildings or groups of buildings for
which the permitted uses are professional offices, is within
an OA or OP zone or which are designated for offices on the
general plan.
"Offset" means the indentation or projection of a wall
plane.
"Open" means a space on the ground or on the roof of
a structure, uncovered and unenclosed.
"Organizational documents" means the declaration of
restrictions, articles of incorporation, bylaws and any
contracts for the maintenance, management Or operation of
all or any part of a common interest development.
2022 S-90
19.08.030 Cupertino - Zoning 14
"Outdoor recreation use" means a privately owned or
operated use providing facilities for outdoor recreation
activities, including golf, tennis, swimrniiig, riding or other
outdoor sport or recreation, operated predominantly in the
open, except for accessory or incidental enclosed services or
facilities.
P. "P" Definitions:
"Park" means any open space, reservation,
playground, swimming pool, golf course, recreation center,
or any other area in the City owned or used by the City or
County and devoted to active or passive recreations.
"Parking area" means an unroofed, paved area,
delineated by painted or similar markings, intended and
designed to accommodate one or more vehicles.
"Parking facility" means an area on a lot or within a
building, or both, including one or more parking spaces,
together with driveways, aisles, hirning and maneuvering
areas, clearances and similar features, and meeting the
requirements established by this title. Parking facility
includes parking lots, garages and parking structures.
1. "Temporary parking facility" means parking lots
which are not required under this title and which are
intended as interim improvements of property subject to
removal at a later date.
"Parking space" means an area on a lot or within a
building, used or intended for use for parking a motor
yehicle, having permanent means of access to and from a
public street or alley independently of any other parking
space, and located in a parking facility meeting the
requirements established by this title. Parking space is
equivalent to the term "parking stall " and does not include
driveways, aisles or other features comprising a parking
facility as previously defined in this chapter.
"Pennant" means any lightweight plastic, fabric, or
other material, whether or not containing a message of any
kind, suspended from a rope, wire, or string, usua}ly in a
series, designed to move in the wind.
"Permit" means a permit issued by the City Council,
Planning Commission, Director of Community
Development, or any other decision body as empowered by
the Cupertino Municipal Code, approving architecture, site
improvements, buildings, structures, land and/or uses.
Permits may include but shall not be limited to
Administrative Approvals, Tsvo-story Permits, Minor
Residential Permits, Architectural and Site Approvals,
DevelopmentPermits, ConditionalUsePerrnits, Exceptions,
Variances or Subdivision Maps.
"Person" means an individual, group, partnership,
firm, association, corporation, trust, governmental agency,
governmental official, administrative body, or tribunal or
any other form of business or legal entity.
"Personal fitness training center" means a facility
providing space and equipment, with or without supervision,
for group or individual athletic development, increased skill
development in sports activity, or rehabilitative therapy for
athletic injury.
"Perspective drawing" means a rendering of a
three-dimensional view depicting the height, width, depth,
and position of a proposed structure in relation to
surrounding properties and structures when viewed from
street level.
"Picnic area" means a facility providing tables and
cooking devices for preparation and consumption of meals
out of doors or within an unenclosed shelter structure.
"Practice range" means a facility providing controlled
access to fixed or movable objects which are used to test and
measure accuracy of discharge from a weapon.
"Private educational facility" means a privately owned
school, including schools owned and operated by religious
organizations, offering instruction in the several branches of
learning and study required to be taught in the public schools
by the Education Code of the State of California.
"Private Open Space," for the purposes of Section
19.28.150 and 19.40.090, means an area, exc2uaing the
required front setback, between the structure and the street
property line occupied by active or passive recreation
facilities (e. g., deck, patio, playground equipment, porch,
swimming pool, etc.) provided it is open on at least two
sides and not covered by a roof, patio coyer, or canopy.
"Primary residence" means residential real property at
which a person resides a majority of the time, carries on
basic living activities, and the place he or she usually returns
to, in the event of travel. Evidence, such as motor vehicIe
registration, voterregistration, ahomeowner's exemptionon
the property tax bill or other similar documentation, may be
required by the city to determine whether the property is the
primary residence.
"Project improvements" means all public road
improvements, undergrounaing utility improvements, aixd
improvements to the on-site utility networks as required by
the City of Cupertino for a comn'ion interest development.
"Projection" means architectural elements, not part of
the main building support, that cantilevers from a single
building wall or roof, involving no supports to the ground
other than the one building wall from which the element
projects.
"Promotional device" means any sign, display, fixture,
placard, yehicle or structure that uses color, form, graphic,
symbol, illumination or writing to advertise a special event
or the opening of a new business.
"Property" means real property which includes land,
that which is affixed to the land, and that which is incidental
or appurtenant to the land as defined in Civil Code Sections
658 through 662.
1. Property, Adjoining. "Adjoining property"
means any unit of real property, excluding lands used as
public streets, sharing one or more common points with
another property.
2023 S-91
19 Definitions 19.08.030
T. "T" Definitions:
"Target population" (per CA Government Code
65582(g), as may be amended) means persons with low
incomes having one or more disabilities, including mental
illness, HIV or AIDS, substaiice abuse, or other chronic
health conditions, or individuals eligible for services
provided under the Lanterman Developmental Disabilities
Services Act (Division4.5 (commencing with Section4500)
of the Welfare and Institutions Code).
"Tenant" means any person, legal entity, or association
of individuals that is a lessee of real property, as
documented by a rental agreement, whether in writing or
otherwise.
"Traiisient" means any individual who exercises
occupancy or is entitled to occupancy by reason of
concession, permit, right of access, license or other
agreement for a period of thirty consecutive calendar days
or less, counting portions of calendar days as full days, and
including any individual who actually physically occupies
the premises, by permission of any other person entitled to
occupancy.
"Transitional housing" (per CA Government Code
65582(h), as may be amended) means buildings configured
as rental housing developments, but operated under program
requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible prograi'n
recipient at some predetermined future point in time, which
shall be no less than six months from beginning of
assistance.
"Trim" means the molding, battens, cappings, nailing
strips, lattice and platforms which are attached to a sign.
U. "U" Definitions:
"Unobstructed Access," for purposes of Chapter
19.56, Density Bonus, means access to a location if a
resident is able to access the location without encountering
natural or constructed impediments, as set forth in
Government Code Section 65915(p%2), as may be amended.
"Uplighting" means the placement and orientation of
light fixtures such that light rays are directed upward.
"Use" means the conduct of an activity, or the
performance of a function or operation, on a parcel or in a
building or facility.
1. "Accessory use" means a use which is incidental
to and customarily associated with a specified principal use.
2. "Conditional use" means a use listed by the
regulations of any particular district as a conditional use
within that district, and allowable solely on a discretionary
or conditional basis, subject to issuance of a conditional use
permit, and to all other regulations established by this title.
3. "Nonconforming use" means a use which is not
a permitted use or conditional use authorized within the
district in which it is located, but which was lawfully
existing on October 10, 1955; or the date of any
amendments thereto, or the application of any district to the
property involved, by reason of which adoption or
application the use became nonconforrning.
4. "Permitted use" means a use listed by the
regulations of any particular district as a permitted use
within that district, and permitted therein as a matter of right
when conducted in accord with the regulations established
by this title.
5. "Principal use" means a use which fulfills a
primary function of a household, establishment, instihition,
or other entity.
"Useable rear yard" means that area bounded by the
rear lot line(s) and the rear building line extended to the side
lot lines. The side yard adjacent to a proposed minor
addition (e.g., addition equaling ten percent or less of the
principal structure) may be included in calculation of usable
rear yard area.
V. "V" Definitions:
"Variance application" means an applicationfor which
an exceptionprocess is not identified in the Municipal Code.
"Vehicle" means any boat, bus, trailer, motor home,
van, camper (whether or not attached to a pickup truck or
other vehicle), mobilehome, motorcycle, automobile, truck,
pickup, airplaxie, boat trailer, tnick tractor, truck trailer,
utility trailer or recreational vehicle, or parts, or any device
by which any person or property may be propelled, moved
or drawn upon a public street, excepting a device moved
exclusively by human power.
1. Vehicle, Commercial. "Commercial vehicle"
means a vehicle of a type required to be registered under the
California Vehicle Code used or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the
transportation of goods.
2. Vehicle, Recreation. "Recreationvehicle" means
a vehicle towed or self-propelled on its own chassis or
attached to the chassis of another vehicle and designed or
used for temporary dwelling, recreational or sporting
purposes. The term recreation vehicle includes, but is not
limited to, trailers, motor coach homes, converted trucks
and buses, and boats and boat trailers.
"Very low income household" means a household
whose gross income does not exceed that established by
Health and Safety Code Section 50105, as may be amended.
2022 S-86
19.08.030 Cupertino - Zoning
"Visual privacy intrusion" means uninterrupted visual
access from a residential dwelling or structure into the
interior or exterior areas of adjacent residential stnictures,
which area is either completely or partially private, designed
for the sole use of the occupant, and/or which serves to
fulfill the interior and/or exterior privacy needs of the
impacted residence or residences.
W. "W" Definitions:
"Watercourse", for purposes of Chapter 19. 102, Glass
and Lighting Standards, means any natural or artificial
arroyo, canal, channel, natural conduit, creek, culvert,
ditch, gully, lake, ravine river, stream, waterway, or wash
or other topographic feature on or over which waters flow
at least periodically and adjacent areas in which substantial
flood damage may occur from overflow or inundation.
X. "X" Definitions:
None.
Y. "Y" Definitions:
"Yard" means an area within a lot, adjoining a lot line,
and measured horizontally, and perpendicular to the lot line
for a specified distance, open and unobstructed except for
activities and facilities allowed therein by this title.
1. "Front yard" means a yard measured into a lot
from the front lot line, extending the full width of the lot
between the side lot lines intersecting the front lot line.
2. "Rear yard" means a yard measured into a lot
from the rear lot line, extending between the side yards;
provided that for lots having no defined rear lot line, the
rear yard shall be measured into the lot from the rearmost
point of the lot depth to a line parallel to the front lot line.
3. "Side yard" means a yard measured into a lot
from a side lot line, extending between the front yard and
rear lot line.
Z. "Z" Definitions:
None. (Ord. 23-22=17, S) 1 (part), 2023; Ord. 22-2246,
F:3 III (part), 2022; Ord. 22-2238, Fil 3.2, 2022; Ord.
21-2235, ei3.2, 2021; Ord. 21-2225, Att. A (§ 2), 2021;
Ord. 20-2200, 815, 2020; Ord. 20-2199, §§ 1 - 3, 2020;
Ord. 17-2170, 8) 1, 2017; Ord. 17-2169, § 2, 2017; Ord.
17-2165, § 2, 2017; Ord. 16-2157, §§ 1, 2, 2016; Ord.
16-2159, §§ 1-4, 2016; Ord. 16-2149, 8, 3, 2016; Ord.
16-2140, % 1-5, 2016; Ord. 14-2125, F§ 3 (part), 2014;
Ord. 2085, § 2 (part), 2011; Ord. 11-2074, (part), 2011;
Ord. 2056, (part), 2010; Ord. 1894, § 1, 2002; Ord. 1891,
(part), 2002; Ord. 1863, (part), 2000; Ord. 1809, 2000;
Ord. 1784, (part), 1998; Ord. 1725, (part), 1996; Ord.
1688, § 3 (part), 1995; Ord. 1657, (part), 1994; Ord. 1654,
1994; Ord. 1637, (part), 1993; Ord. 1635, (part), 1993;
Ord. 1618, (part), 1993; Ord. 1607, 8) 1, 1992; Ord. 1601,
Exh. A (part), 1992)
.+
Iil
!l
2023 S-91
19.12.010
CHAPTER 19.12: ADMINISTRATION
Section
19. 12.010
19. 12.020
19.12.030
19. 12.040
19. 12.050
19. 12.060
19.12.070
19. 12.080
19. 12.090
19. 12. 100
19.12.110
19. 12. 120
19. 12. 130
19.12.140
19. 12.150
19. 12.160
19. 12. 170
19. 12.180
Purpose and intent.
Applicability of regulations.
Approval authority.
Authority of the Director of
Community Development.
Reseryed.
Authority of the Planning
Con'imission.
Authoritt of the City Council.
Application process.
Action by Director.
Decision.
Noticing.
Action by Director of Cornrnunity
Development-Administrative.
Action by Planning Comi'nission.
Action by City Council.
Notice of decision and reports.
Effective date.
Appeals.
Expiration, extension, violation and
revocation.
19.12.010 Purpose and Intent.
The purpose and intent of the Adxninistration section is
to establish procedures for the discretionary review of
development in the City in order to ensure that new
development and changes to existing developments comply
with City development requirements and policies. This
chapter establishes the procedures for review of applications
before the approval authorities for each type of project and
the process for appeals of any requirement, decision or
determination made by any Approval Body.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, F3 2 (part),
2011)
19.12.020 -Applicability of Regulations.
Except as otherwise provided in this section,
Development Review is required for all zoning map and text
amendments, new construction, modifications to building
exteriors or site improvements, and changes in land use,
including, but not lin'iited to, ihe following:
21
A. IntheA,Al,R-landRHSZones,thefollowing
activities :
1, Conditional uses in accord with Chapter 19.20,
Chapter 19.24, Chapter 19.28, Chapter 19.32, Chapter
19.36, Chapter 19.40 and Chapter 19.44;
2. Removal of protected trees identified in Chapter
14. 18;
3. Projects in R-1 zones identified in Section
19.28.040;
4, }Ieight Exceptions identified in Section
19.24.070(B)(3);
5, Hillside Exceptioris identified in Section
19.44.070 and Chapter 19.48;
6 , Parking Exceptions identified in Chapter 19. 124;
7 . Fence Exceptions identified in Chapter 19.48;
8 . Variance to all other zoning regulations.
B. In R2, R3, RIC and all Commercial, Industrial,
Office, Planned Cornrnunity Districts and other
non-residential zoning districts:
1. New structures or property development,
including signs and sign programs.
2, Building additions, exterior modifications to
existing stnictures including signs and sign programs, and
site changes (including, but not limited to, new or modified
landscaping, tree removals, fencing, changes to parking lot
space striping or circulation);
3. Changes in property or building use that involve
exterior modifications;
4. Exceptionsormodificationstotliedevelopment's
required and/or existing parking;
5. Conditional uses in accord with Chapter 19.60,
Chapter 19.64, Chapter 19.68, Chapter 19.72, Chapter
19.76, Cl'iapter 19.80, Chapter 19.84, Chapter 19.88,
Chapter 19.92, Chapter 19.96, Chapter 19.128, Chapter
19.116, Chapter 19.132, Chapter 19.136.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, F:12 (part),
2011)
19.12.030 Approval Authority.
Table 19.12.030 shows the approval authority,
Noticing Radius, Expiration Date and Extension Dates for
different types of Permits.
2023 S-91
0
Table 19.12.030 - Approval Authority
Type of
Perinit or
Decision ' B
Administrative
Review
Arts and Culture
Commission
Planning
Comxnission
City
Council
Public I
Hearing/ i
Public I
Meeting/ :
Comment i
Period c I
I Noticing/
i Noticing
Radius D
Posted Site
Notice
Expiration
Date E
(:hapter/
Findings
General Plan Ameadment
Major F
R F PH CA. Govt. Code
6_5350-65362
Yes CA. Govt. Code
(i5350-65362
Minor c
R F PH Yes
Zoning Map Ameridments
Major '
R F PH CA. Govt. Code
65853-65857
Yes 19.152.020
Minor a
R F PH Yes
Zoning Text
Ameridments
R F PH CA. Govt. Code
65853-65857
19. 152.030
Specific Plans
R F PH CA. Goyt. Code
65350-65362
20.04.030
Development
Agreements
R F PH CA_ Govt. Code
65867
Yes 19. 144. 120
Development Permits
Major ' H
F/R A'/F PM
i9.l2.llO/
300'
Yes 2 years 19.156.050
Minor c F A)A'- PM Yes 2 years
Conditional Use Permits
Major ' H'F A'/F/R A'/A'/F PH CA. Govt. Code
65905
Yes 2 years 19. 156.050
Minor Gj F A'/F/R A'/ A'/F PH Yes 2 years
Temporary F A)Aa I'Jone No 1 year None
19.160.030
Table 19.12.030 - Approval Authority (Cont.)
Type of Permit
or Decision ' B
Administrative
Review
Arts and Culture
Commission
Planning
Coinmission
City
Council
Public
Hearing/
Pubhc
Meeting/
Comment
Period c
Noticing/
Noticing
Radius D
Posted Site
Notice
Expiration
Date E
Chapter/
Findings
Conditional Use Permits (Cont'd)
Density Bonus
(Residential)
R F Based on
concurrem
application
19.56
Adult-Oriented
Commercial
Activity (C{_JP)
R F PH CA. Govt. Code
65905/300'
Yes 2 years 19.128.030&
19.128.040
Architectural and Site Approval
Major J F A)A?PM 19. 12. 1 10/Yes 2 years 19.168.030
Minor K F Al A'PM Yes 2 years
Ainendment
Major ' "F At Varies L Depends on
;ieimil being
amended L
Yes 2 years 19.44, 19.144,
19.156, 19.164
Minor G F Al A'Varies L Yes 2 years
Minor
Modification
F At Aa None No 2 years 19.164
Hillside
Exception/ Height
Exception/ Heart
of the City
Exception'
F Al PH 19. 12. 1 10/
300'
Yes 2 years 19.40.080,
l9.24.070,
19. 136.090
Variance F Al A'PH CA. Govt. Code
65905
Yes 2 years 19. 156.060
C/)
Table 19.12.030 Approval Authority (Cont.)
Type of Permit
or Dectsion ' B
Administrative
Review
Aits and
Culture
Commission
Planning
Commiission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period c
Noticing/
Noticing
Radius D
Posted Site
Nolice
Expiration
Date E
Chapter/
Findings
Amendrqent (Cont'd)
Status of non-
conforming Use
F Al PH 19. 12. 1 10/
300'
Yes 19. 140. 110
Wireless Antennas 'F F/ A'A=Varies 'Depends On
application type
Yes 2 years 19.136.090
Signs
Permits F Al A'None No 1 year 19.104
Neon, Reader
board & Freeway
Oriented Signs'
F F/A'A'/A=PM 19.12_110/
300'
No 1 year 19. 104
Programs F Al A'None No I year 19. 104
Exceptions'F Al PM 19.12.110/
Adjacent
Yes I year 19. 104_290
Parking Exceptions'pM F/A'A' /Aa Varies M 19.12.110/
Adjacent/
300' "'
Yes 1 year 19. 124.050
Fence Exceptioris F At A"PM 19. 12. 1 10/
Adjacent
Yes 1 year 19.48.060
Front Yard
Interpretation
F A, l A'PM 19_12. 1 10/
Adjacent
Yes 1 year -- - - i9.08
o
o
X':"'i
0
Table 19.12.030 - Approval Authority (Cont.)
Type of Permit
or Decision ' B
Administrative
Review
Arts and
Ciilture
Commission
Planning
Comimission
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period C
: Noticing/
Noticing
j Radius D
Posted Site
Notice
I
' Expiration
Date E
: Chapter/
i Findings
R-I Ordinance Permi':s
Two-story'F F/A'A't/Aa Varies '
19. 12. 1 10/
Adjacerit
Yes 1 year 19.28. 140
Minor
Residential
F At A=CP No I year
Exceptions 'At PM Yes 1 year
Miscellaneous
Ministerial
Pern'iit
F None Adjacent Yes 1 year 19.28. 150 and
19.40.090
Miscellaneous
Ministerial
Permit
Not Allowed
Protected Trees
Tree Removal F _b, l A'CP Adjacent unless
exempt
Yes 1 year 14.18.180
Heritage Tree
Designation &
Removal
F Al PM 19.12.110/
300'
Yes 14.18
Tree
Management
Plan
F A'A"None No 14.18
Retroactive Tree
Removal
F A'Aa None No 14_18
Reasonable
Accommodation
F
I
Al A'-None No I year 19.52.050
0
Table 19.12.030 - Approval Authority 3Cont.)
Type of Permil
or Decision k B
Adnninistrative
Review
Arts and
Culture
Commission
Planning
Commission
City
Council
Public i
Hearing/ '
Public '
Meeting/ j
Comment '
Period C
Noticing/
Noticing
Radius D
i
Posted Site
Notice
Expiration
Date E
Chapter/
Findings
Extensions o
Parking, Fence
& Sign
Exceptions &
Front Yard
Interpretations
F Al A"None No 1 year
Neon, Reader
board & Freeway
Oriented Signs
F Al A'-None No 1 year
Two Story
Permits, Minor
Residential
Permits and
Exceptions
F
All An None No 1 year
Tree Removals F At A'
No 1 year
All other projects F
Al A'19.12. 1 10/
None
No 2 years
7 '--' " 'i
o
0
Table 19.L2.030 - Approvai Authority (Cont.)
Type of Pernut
or Decision ' B
Administrative
Review
Arts and
Culture
Commission
Planning
Conssion
City
Council
Public
Hearing/
Public
Meeting/
Comment
Period c
Noticing/
Noticing
Radius D
Posted Site
Notice
Expiration
Date E
Chapter/
Findings
Extensions (Cont'd.) c
Miscellaneous
Ministerial
Permit
Not Allowed
Public Art Architectutal and Site Approval Permits
Public Art F Al PM None None None 2.80 and 19.148
Art in lieu payment R F PM None None None 2.80 andl9.l48
KEY:
R-Review and recommend,7tion body F-Fina} decision-making body unless appealed
A'-Appeal Body on first appeal A'-Appeal body on second appeal
PH-Public Hearing 'PM-Public Meeting
CP-Comment Period
19.12.030 Cupertino - Zoning 26B
Admiixistration 19.12.030
Notes :
A. Permits can be processed concurrently with other
applications, at the discretion of the Director of
Community Development.
B. Projects with combined applications shall be processed
at the highest level of approval in conformance with
Section 19.04.090.
C. Public Hearing: Projects types that need noticing
pursuant to the CA Governnient Code; Public Meeting:
Project types that need only a mailed notice and no
newspapernotices; CommentPeriod: Projecttypesthat
need only a mailed notice and do not need a public
hearing or public meeting.
D. Noticing Radius of an application in a combined
application shall correspond to the maximum noticing
radius required for any one of the applications.
E. Expiration date of an application in a combined
application shall correspond to the maximum
expiration date allowed for any one of the development
applications (not including Subdivision Map Act
applications, General Plan Amendments and Zoning
Map or Text Amendments.)
F. Major General Plan Amendment, Conditional Use
Permit, Development Permit application - for more
than ten thousand square feet of commercial and/or
industrial and/or office and/or other non-residential
use, or greater than six residential units.
G. Minor General Plan Amendment, Conditional Use
Permit, Development Permit application - for ten
thousand square feet or less of commercial and/or
industrial and/or office and/or other non-residential
use, or six or less residential units.
H. City Council review for applications with new
development greater than fifty thousand square feet of
commercial, and/or greater than one hundred thousand
square feet of industrial and/or office and/or other
non-residentialuse, arid/orgreaterthanfiftyresidential
units.
Planning Commission review for all other applications,
I. Please see specific zoning district regulations or
chapters in this title that apply to the subject property
or project for approval authority.
J. Major Architectural and Site Approval application -
architectural and site approval for all projects that are
not a Minor Architectural and Site Approval
application.
K. Minor Architechiral and Site Approyal application -
single family home in a planned development zoning
district, minor building architectural modifications,
landscaping, signs and lighting for new development,
redevelopment or modification in such zones where
review is required and minor modifications of duplex
and multi-family buildings.
L. Meeting type and noticing are dependent on the
underlying permit being modified.
M. Parking Exceptions approved by the Director of
Community Development need a comment period.
N. Parking Exceptions in Single-family residential (Rl)
zones and Duplex (R2) zones need adjacent noticing.
All other Parking Exceptions need notices within three
hundred feet of the exterior boundary of the subject
property.
0. Application must be filed prior to expiration date of
permit. Permit is extended until decision of the
Approval Body on the extension.
(Ord. 23-2247, 0 1 (part), 2023; Ord. 22-2246, § III (part),
2022; Ord. 22-2238, §§ 3.3-3.4, 2022; Ord. 21-2235,
0§ 3.3-3.4, 2021; Ord. 19-2187, t§ 3 (part), 2019, Ord.
1 8-2177, § 3 (part), 2018; Ord. 18-2175, § 1 (part), 2018;
Ord. 17-2165, § 3, 2017; Ord. 17-2162, § 1, 2017; Ord.
14-2125, S, 4 (part), 2014; Ord. 2085, § 2 (part), 2011)
19.12.040 Authority of the Director of Community
Development.
Subject to the provisions of this chapter and general
purpose and intent of this title, the authority of the Director
of Community Development is as follows:
A. Grant any permits which are authorized to be
issued by the Director pursuant to Section 19.12.030 and
any other provisions of this code;
B, Grant parking exceptions for projects that are
reviewed in conjunction with permits which are authorized
to be issued by the Director of Cornrnunity Development
pursuant to Section 19. 12.030;
C. Grant a variance from site development
regulations and parking and loading regulations (except
those handicapped parking regulations mandated by State
law) applica'ole within any zoning district established by this
title;
D. Grant a variance from the special conditions of
approval that apply to site development and parking and
loadingregulations (includingconditions attachedtoplanned
developments) applicable within any zoning district
established by this title.
E. Grant a request for reasonable accommodation
made by any person with a disability, when the strict
application of the provisions within residential districts acts
as a barrier to fair housing opportunities, pursuant to
Chapter 19.52.
F. Make reasonable interpretations of the regulations
and provisions of this title, and any chapter therein,
consistent with the legislative intent. Persons aggrieved by
aninterpretationofthe Director of Community Development
may petition the Planning Cornrnission in writing for review
of the interpretation.
2023 S-91
19.12.040 Cupertino - Zoning 28
G. May refer an application to ai'iother Approval
Body for review, decision or recommendation.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, F:12 (part),
2011)
19.12.050 Reserved.
19.12.060 Authority of the Planning Commission.
Subject to the provisions of this chapter and general
purpose and intent of this title, the authority of the Planning
Comniission is as follows:
A. Grant any permits which are authorized to be
issued by the Planning Cominission pursuant to Section
19.12.030 and any other provisions of this code;
B. Grant parking exceptions for projects that are in
conjunction with perinits which are authorized to be issued
by die Plai'ining Comtnission pursuant to Section 19. 12.030;
C. Make recommendations to the City Council on
applications in which it is a recommending body; and
D. Decide on appeals of decisions pursuant ta
Section 19.I2.030.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, ei2 (part),
2011)
19.I2.070 Authority of the City Council.
Subject to the provisions of this chapter and general
purpose and intent of this title, the authority of the City
Council is as follows:
A. Grant any permits which are authorized to be
issued by the City Council pursuant to Section 19.12.030
and ai'iy other provisions of tlie code;
B. Decide on appeals of decisions pursuant to
Section i9.l2.030.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, 8) 2 (part),
2011)
19.12.080 Application Process.
Unless otherwise specified in this title, all
applications for perinits, permit modifications, amendments
and other matters pertaining to this Chapter shall be filed
with the Director of Community Development with the
following:
A, An application for permit may be made by the
owner of record, his or her agent, lessee(s) of property, or
person(s) who have contracted to purchase or lease property
contingent upon their ability to acquire the necessary permit
under this title aixd who have written authorization from the
property owner to make an application.
B. Application shall be made on a form provided by
the City, and shall contain the following, unless waived by
the Director of Cornrnunity Development based onthe scope
of the proposed project:
1. A complete legal description of the subject
property and n'iap showing the location of the property for
which the permit is sought;
2. Apreliminarytit]ereportofthesubjectproperty;
3, The proposed site development plan indicating:
the location of all buildings and structures; the location and
types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed
development, building additions or other structures.
Drawings shall indicate buiiding height, colors, materials,
window treatment and other architectural features;
5. Maps sliowing the locations of buildings;
6. Renderings showing building heights and square
footages;
7. Maps showing the precise location of roads,
streets, alleys and access points;
8. A traffic analysis, if required;
9. A constniction plan,
iO. Any property/develop-inent with a Homeowner's
Association (HOA) or Architectural Review Board (ARE)
shaIl provide a letter of approval from said HOA Board or
ARB.
11. The Director of Community Development may
reasonably require additional information which is pertinent
and essential to the application.
12. Zoning Map or Text Amendments shall also
include information required per Chapter 19.152.
a. Zoning applications for Planned Development
Zoning Districts shall also include information required per
Section 19.80.040;
b. Zoning applications for Multi-Family (R3)
Residential shall also include information requiredper
Section 19.36.040; and
c, Zoning applications for Residential Single-family
Cluster (RIC) initiated by a property owner, or his or her
designee, shall also include items identified in Section
19.44.050H.
13. Planned Development Permit and Development -
Permit applicatioxis shall also include information required (i.
per Section 19.156.010.
2023 S-91
31 Administration 19.12,110
G. Miscellaneous Ministerial Permit: For projects
requiring notice of a Miscellaneous Ministerial Permit,
notice shall be mailed in accord with subsection
19. 12. 110A(4) andpostedontheproperty, fourteencalendar
days prior to the date of action on the application.
(Ord. 22-2246, § III (part), 2022; Ord. 22-2238, §§ 3.5-3.6,
2022; Ord. 21-2235, §§ 3.5-3.6, 2021; Ord. 17-2165, § 6,
2017; Ord. 17-2162, § 4, 2017; Ord. 14-2125, 8, 4 (part),
2014; Ord. 2085, § 2 (part), 2011)
19.12.120 Action by Director of Community
Development-Administrative.
A. For applications requiring Administrative review
with no public meeting, public hearing or comment period,
the Director of Community Development or his or her
designee may, subject to the requirements of Section
19. 12. 100, issue his or her decision no later than thirty days
from receipt of all information, unless referred to a different
approval authority for a decision.
B. For applications requiring Administrative review
with a public meeting, public hearing or comment period,
the Director of Cornrnunity Development or l'ffs or her
designee may, subject to the requirements of Section
19. 12. 100:
1. Issue his or her decision at the conclusion of the
public meeting, public hearing or comment period;
2. Continue the item for additional public hearings,
public meetings or comment period; or
3. Defer action by taking the item under advisement
and issuing the decision no later than thirty days following
the public meeting, public hearing or cornrnent period.
No additional noticing is required if a project is
continuea.
C. For applications wliere a public meeting or public
hearing is required to be held before the Director of
Community Development, the meeting shall be held in the
same maru'ier as a Planning Commission meeting.
(Ord. 23-2247, § 1 (part), 2023; Ord. 20-2200, S) 7, 2020;
Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011)
19.12.130 Action by Planntng Commission.
A. For applications where the Planning Commission
is the Approval Body, it shall render a decision, which is
supported by the evidence contained in the application or
presented at the meeting, at the n'ieeting, or at a sul+sequent
meeting-after- conclusion-of-the-public-hear-ing-er-priblic
meeting, subject to the requirements of Section-19. 12. l-00.
B. For zoning map amendments, on the basis of
evidence and testimony presented to the Planning
Commission at the public hearing, the Planning Commission
may determine that the public interest will be served, eitber
by revising the area being considered for reclassification to
include properties not originally part of the application, or
by giving consideration to district classifications not
originally requested by the application. The Planning
Commission may, solely at its option, consider additional
properties or district classifications, or both.
C. For applications requiring City Council approval,
the reviewing body shall forward its written findings,
determinations and recommendation to the City Council for
final action, subject to the requirements of Section
19. 12. 100.
(Ord. 23-2247, § 1 (part), 2023; Ord. 14-2125, § 4 (part),
2014; Ord. 2085, § 2 (part), 2011)
19.12.140 Action by City Council.
A. Upon receipt of a recornrnendation of the
reviewing body, the City Council may by resolution
approve, modify, or disapprove the recommendation of the
reviewing body, subject to the requirements of Section
19. 12. 100.
B. Upon final approval of a zoriing or prezoning
application, the City Council shall enact an ordinance zoning
or prezoning the sribject properry or properties,
incorporating within the ordinance:
1. A Conceptual developinent plan, if required, and
2. Conditions of approval.
C. For a Development Agreement, the City Council
shall enact an ordinance that shall refer to and incorporate
the text of the Development Agreement by reference.
D. For applications requiring City Council approval,
the City Council shall issue its decision at the conclusion of
the public hearing or public meeting.
(Ord. 14-2125, Fg 4 (part), 2014; Ord. 2085, § 2 (part),
2011)
19.12.150 Notice of Decision and Reports.
A. Notice of decision:
1. The decision for applications approved with a
public meeting or public hearing shall be mailed to the
property OVi'ner and applicant at the address sl'iown on the
application.
2. The decision for applications approved with a
comment period shall be mailed to die property owner and
the applicant at th6 address shown on the application and any
person who has commented on the proposed project within
the cornrnent period or during revocation proceedings.
3 Thprlt'i'i.tiionshall rrin1'ain jht" fnl1nwinB:.
a. Applicablefindings;
b. Any reasonable conditions or restrictions deemed
necessary to secure the purpose of this title aiid to assure
operation of the development and/or use in a manner
compatible with existing and potential uses on adjoining
properties and in the general vicinity; and
2023 S-91
19.12.150 Cupertino - Zontng 32
c. Reporting/monitoring requirements deemed
necessary to mitigate any impacts and protect the health,
safety and welfare of the City.
4. The decision of the Director of Community
Deve]opment, or Planning Commission shall be final unless
appealed in accord with Section 19. 12.170. A decision of
the City Council shall be final.
B. Reports: The Director of Community
Deyelopment shall endeavor to forward reports, within five
caleridar days from the date of the decision, to the:
1. Planning Commission and the City Council of a
decision by the Director of Community Development.
2. City Coancil of a decision by the Planning
Commission.
(Ord. 23-2247, 8, 1 (part), 2023; Ord. 20-2200, e, 8, 2020;
Ord. 14-2125, F3 4 (part), 2014; Ord. 2085, 8) 2 (part), 2011)
project with no noticing is appealed, appropriate r.oticing
shall be determined by the Director of Cornrnunity
Development.
D. Appeal hearing body shall be determined in
accord with Section 19.12.030.
E. Decisionoftheappealhearingbody:Thedecision
or determination of the appeal hearing body on any appeal
shall be final and effective immediately.
F. Notice of Decision: Notice of the appeal hearing
body's decision shall be mailed to the original applicant, to
the person filing the appeal, and to any other person who has
filed a written request with the City Clerk.
(Ord. 22-2246, Fj III (part), 2022; Ord. 22-2238, 8, 3.7,
2022; Ord. 21-2235, § 3. 7, 2021 ; Ord. 14-2125, § 4 (part),
2014; Ord. 2085, § 2 (part), 2011)
19.12.180
19.12.160 Effective Date.
A. A permit approved by the City Council shall take
effect ten days following the date that the findings are
adopted.
B. Specific Plans, General Plan Amendments,
Zoning Ordinance/Map Amendments, and Development
Agreements shall become effective thirty days following the
final date of action (e. g., adoption) by the City Council.
C. All other permits shall take effect fourteen
calendar days following the date that the findings are
adopted by the appropriate Approval Body, unless an appeal
is filed as pro'vided in Section 19. 12. 170.
(Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part),
2011)
i9.i2.i70 Appeals.
A. An appeal may be filed by any person, firm or
corporation aggrieyed or affected by any grant, denial,
modification or revocation of any permit, or any
determination or interpretation related to any provision of
this title. No appeal of a Miscellaneous Ministerial Permit
shall be allowed.
B. Filing:
1. An appeal shall be in writing on forms prescribed
by the City and shall be filed during regular office hours
with the City Clerk witliin fourteen calendar days after the
City decision or if a notice of decision is not required, from
the date of the decision or determination, under this title.
-An-appeal-net-filed-w=ithin-sueh-time-shaltbp-b,ir-verl T2he
---appea-l-shall-state-the-gr-ounds-and-basis-thereof.
2. Appeals under this chapter are subject to an
appeal fee as prescribed by resolution of the City Council.
C. Noticing: Notice of hearing shall be given in the
same manner in which the original notice was given. If a
19.12.180 Expiration, Extension, Violation and
Revocation.
A. Bxpiration.
1. Aliproval on a permit or variaixce shall becorrie
null and void and of no effect, within the time frame
specified in Section 19. 12.030 following its issuance, unless
a shorter or longer time period is specifically prescribed in
the conditions of permit or variance or the Section of the
Municipal Code pursuant to whicli the permit or variance is
issued, unless:
a. A building permit is filed and accepted by the
City (fees paid and control number issued.) In the event that
a building perxnit expires for any reason, the permit shall
b ecome null and void.
b. A perrnit'or variance shall be deemed "vested"
when actual substantial ai'id continuous activity has taken
place upon the lai-'id subject to the permit or variancc or, in
the event of the erection or modification of a structure or
structures, when sufficient building activityhas occurred and
continues to occur in a diligent manner.
2. Notwithstanding subsection 1 of this section, if
the use for which a conditional use permit was granted and
utilized has ceased or has been suspended for one year or
more, the permit becomes null and void.
3. Unless a variance or exception has expired
pursuant to subsection 1 of this section, it shall continue to
exist for the life of the existing structure or such structure as
may be constructed pursuant to the approval, iu'iless a
different tiine period is specified in its issuance. A variance
.rir exr:rI'ifinn fi'rim the phrkinBsnrl,,1nsrlinBi'eBulations, anrl
asignexceptionshall be validonlyduringthe periodof
continuous operations of the use and/or structure for which
the variance or exception was issued.
B. Extensions. A permit or variance may, in accord
yvith Section 19.12.030, Approval Authority, be extended
for the time frame specified in Section 19.12.030, upon
tin'xely submittal oF an application with the Director of
Con'irnunity Development prior to expiration.
(l
2023 S-91
Table 19.28.040 Permits Required (Cont.)
E. Residential Design Review,
pursuant to Chapter 19. 12,
Administration
Admin.
with
design
review
Two-story addition or new two-story home in all districts except Rl-a where:
1. Second floor to first floor area ratio is greater than 66%, except any second to first
floor ratio for development on building pads/graded areas with actual slopes equal to or
greater than 20% ; and/or
2. Where second story side yard setback(s) are less than 15 feet to any interior side
property line
PC Two-story addition, new two-story ho;me, and/or second story deck in the Rl-a zone
F. Exception, pursuant to Chapter
19.12, Administration &
Section 19.28.130, Exceptions
PC One or two-story project requesting a_ti exception from Sections 19.28.070 [Development
Regulations (Building)], 19.28.080 [Eichler Rl-e Building Design Requirements], and/or
19.28.110 [Landscape Requirements].
G. Hillside Exception, pursuant to
Chapter 19.12, Administration
PC Development (area greater than 500 square feet) on slopes greater than 30%
H_ Architectural and Site
Approval, pursuant to Chapter
19. 12, Administration
One or two-story addition or new home on a sloped single-family residential lot with
development on building pads/graded areas with actual slopes equal to or greater than 20%
and where the cut plus fill of the site exceeds 2,500 cubic yards
I. Conditional Use Permit,
pursuant to Chapter 19.12,
Administration
Two-story addition or new two-story }tome in an Rl zoning district with an "i" suffix
J. Single-Story Overlay District
Application, pursuant to
Chapter 19.12, Administration
CC Establishment or removal of a Single-Story Overlay District in a Single Family Residential
District (Addition or removal of the 'T' suffix in an Rl zoning district)
K. Miscellaneous Ministerial
Permit
Admin 1. New one or two-story duplex project in an Rl zoning district pursuant to Government
Code Section 65852.21
2. New one or two-story single-family home, secondary principal dwelling unit, or
two-story addition in an Rl zoning district pursuant to Government Code Section
65852.21
(Chd. 23-2247, 8, 1 (part), 2023; Ord. 22-2246, Ffi III (part), 2022; Ord. 21-2235, Ffi 3.8, 2021; Ord. 22-2238, Ffi 3.8, 2022; Ord. 17-2162, § 6, 2017; Ord.
2085, 8, 2 (part), 2011; Ord. 2079, (part), 2011)
19.28.050 Cupertino - Zoning 50
19.28.050 Zoning Districts Estalilished.
A. Table 19.28.050 sets forth the zoning districts
established.
property owners of record within the proposed or existing
Single-Story Overlay District (each developable lot ofrecord
shall have one (1) signature). The petition shall contain
information about the proposal including, but not be limited
to, the following:
Zoning Designation Zoning Definition
Rl-X Single Family Residential
District - Minimum lot area
corresponds to the number (X),
multiplied by 1,000 square feet
Rl-Xi Residential Single Family
Single-Story Overlay District to
limit homes to One Story (not
to exceed 18 feet high) -
[miiiimum lot area corresponds
to the number (X), multiplied
by 1,000 square feet preceding
the 'i' symbol]. May be
combined with all Rl zoning
designations.
Rl-6e
I
Single Family Residential
Eichler District (6,000
miiximum lot area)
Rl-a Single Family Residential
District with Semi-Rural
Characteristics (10,000 square
foot minimum lot area)
Map pursuant to Section 19.28.050(B%1);
Property Addresses;
Owner Name(s)c, Property and Original
Signature(s);
d. Applicant Contact Information.
(Ord. 17-2162, 83 7, 2017; Ord. 2085, 812 (part), 2011; Ord.
2079, (part), 2011)
19.28,060 Site Development Regulations.
Talle 19.28.060 sets forth the rules andregulations for
site development in the Single-Family Residential District.
[Table 19.28.060 begins on next page.]
B. Establishment or Removal of an existing
Single-Story Overlay District (Rl-Xi): In addition to the
application requirements identified in Section 19. 12.080, tlre
applicant shall submit the following:
1. Map delineating proposed boundaries for the
Single-Story OverIay District, or removal thereof,
corresponding to natiiral or man-made features (including,
but not limited to, streets, Waterways, zoning boiu'idaries
and similar features,) which would result in the
establishment of an identifiable neighborhood, that includes
one (1) or more entire city block(s), or one (1) or more
entire subdivision tract(s), or street face(s) opposite of one
another within a block;
2. Evidence, to the satisfaction of the City, for an
establislunent of a Single-Story Overlay, tbat a minimun'i of
seventy-five (75) percent of the liomes within the proposed
Single-Story Overlay District are single-story;
3. A written statement setting forth the reasons for
the application and all facts relied upon by the applicant in
support thereof;
4. Original application petition signed, at a
ininirnum, by sixty-six and two-thirds (66-2/3) percent ofthe
(l
2017 S-61
63 Single-Family Residential (R-I) Zones 19.28.110
19.28.110 Single-Family Residential Design
Guidelines and Principles,
Any new single-family residential house or addition to
an existing house shall be generally consistent with the
adopted single-fannly residential guidelines in Sections
19.28.110(A) and (B).
A. Single-Fantily Residential Design Guidelines for
all projects. L2
1. There should not be a three-car wide driveway
curb cut.
2. No more than fifly percent of the front eleyation
of a house sliould consist of garage area.
a. In the Rl-a zone, the maximum width of a garage
on the front elevation should be twenty-five feet, which will
accornrncdate a two-car garage. Additional garage spaces
should be provided througli the use of a tandem garage or a
detached accessory structure at the rear of the property.2
3. Living area should be closer to the street, while
garages should be set back more.
4. All roofs should have at least a one-foot
overliang.
5. Porches are encouraged.
a. In the Rl-a zone, the following porch design
guidelines apply2:
i. When viewed from tl'ie street, a porch should
appear proportionately greater in width than in height. A
porch differs from an entry element, which has a
proportionately greater height than its width.
ii. Stnictural supports should be designed such that
the appearance is not obtrusive or massive.
iii. The use of large columns or pillars is
discouraged.
iv. The eave height for a front porch should not be
significantly taller than the eave height of typical
single-story elements in the neighborhood.
v. Porch elements should have detailing that
en'iphasizes the base and caps for posts and fence elements.
6. In Rl-6e and Rl-a zones, entry features should
2not be liigher than fourteen feet from natural grade to plate.
B. Two-StoryDesignGuidelines."
1. The mass and bulk of ffie design should be
reasonably compatible with the predominant neighborhood
pattern. New construction should not be disproportionately
larger than, or out of scale with, the neighborhood pattern
in terms of building forms, roof pitches, eave heights, ridge
heights, and entry feature heights.
2. Thedesignshouldusevaultedceilingsratherthan
high exterior walls to achieve higher volume interior spaces.
3. Long, unarticulated, exposed second story walls
should be avoided since it can increase the apparent mass of
the second story.
a. In the Rl-a zone, all second story wall heights
greater than six feet, as measured from the second story
finished floor, should have building wall offsets at least
In the Rl-a zone, windows on the side elevations
every twenty-four feet, with a minimum four foot deptl'i and
ten foot width. The offsets should comprise the full height
of the wall plane.2
4. The current pattern of side setback and garage
orientation in the neighborhood should be maintained.
5. When possible, doors, windows and architectural
elements should be aligned with one another vertically and
horizontally and syrnrnetrical in number, size and
placement.
6.
shouldi:
a. Be fixed and obscured to a height of five feet
above the second floor;
b. Have permanent exterior louvers to a height of
five feet above the second floor; or
c. Have sill heights of five feet or greater to mitigate
imrusion into a neighbor's privacy.
C. ResidentialDesignRevicwPrinciples. Two-story
homes svbject to design review per Section 19.28.040(E)
(except in Rl-a zones) shall meet the residential design
review principies -beiow. 'T"'rie City of Cupertino Two-Story
Design Principles are attached hereto as Appendix A and are
incorporated herein by this reference.
1. An identifiable architectural style shall be
provided;
2. Design features, proportions and details shall be
consistent with the architectural style selected;
3. Visual relief deemed to be appropriate by the
Director of Community Development shall be provided;
4. Materials shall be of high quality;
5. Ensure building mass and scale;
6. Design with arcliitectural integrity on all sides of
the structure; and
7. The design shall reflect symmetry, proportion and
balance.
Notes:
Refer to the Eichler Design Handbook- Fairgrove
Neighborhood for additional design guidelines in
the Rl-6e zone.
2 Nonconformancewiththedesignguidelinesinthe
Rl-a zone shall be considered ac.ceptable only if
the applicant shows that there are no adverse
impacts from the proposed project.
(Ord, 2085, § 2 (part), 2011 ; Ord. 2079, (part), 2011)
19.28.120 Landscape Requirements.
To mitigate priyacy ii'npacts and the visual mass and
bulk of new two-story homes and additions, tree and/or
shrub planting is required. The intent of this section is to
provide substantial screening within three years of planting.
A. Applicability. These requirements shall apply to
new two-story homes, second-story decks, two-story
additions, nxodifications to the existing second-story decks
2017 S-61
19.28.120 Cupertino - Zoning 64
and/or new windows on existing two-story homes that
increase privacy impacts on neighboring residents.
1. These requirements shall not apply to:
a. Skylights;
b. Windows witli sills more than five feet above the
finished second floor;
c. Obscured, non-openable windows;
d. Windows with permanent exterior louvers to a
height of five feel above the second floor;
e. Non-operable windows with obscure glass to a
height of five feet above the second floor; and
f. When waivers have been obtained by all affected
property owners.
B. Planting Plan. Proposals for a new two-story
homes, sccond-story decks, two-story additions,
modificatioxis to the existing second-story decks, and/ornew
windows on existing tsvo-story l'iomes shall be accompaiiied
by a planting plan wliich identifies the location, species and
cairopy diameter of existing and proposed trees or sbnibs to
meet the requirements in Section 19.28. 120(C) below.
C. Plantirig Requirements.
1. Front yard tree plaxxting.
a. The tree shall be twenty-four-inch box or larger,
with a minii'num height of six feet.
b. The tree shall be planted in front of new second
stories iri flie front yard setback area.
i. In the Rl-a zone, the tree shall be placed to
where views from second story windows across the street
are partially mitigated.
c. The Director of Cornrnunity Development mast
waive the front yard tree based on a report from an
internationally-certified arborist citing conflict with existing
mature tree canopies onsite or in the public right-of-way.
2. Privacy planting.
a. New trees and/or slinibs are required on the
applicant's property in an area bounded by a thirty-degree
angle on each side window jarnb.
i. The following is required for all side and rear
yard-facing second story windows in the Rl-6e zone:
* Cover windows with exterior louvers to a height
of five feet above the second floor; or
Obscure glass to a height of five feet above the
second floor; or
* Have a windovi sill height of five feet minimum
above the finished second floor.
b. Tlxe Planning Division shall maintain a list of
allowed privacy planting trees and shrubs. The list includes
allowed plant species, ininimum size of trees and shrubs,
expected canopy or spread size, and planting distance
between trees.
i. In the Rl-a zone, the n'iiniinum height of privacy
trees at the time of planting shall be twelve feet.
ii. In the Rl-a zone, privacy planting shall have a
minimum setback from the property line equiva]ent to
one-quarter of tlie spread noted on the City list.
c. The trees and/or shiubs shall be planted prior to
issuance of a fiixal occupancy permit.
3. Waivers.
a. New trees and/or slhubs are not required to
replace existing front or privacy trees or shrubs if an
Internationally Certified Arborist or Licensed Landscape
Architect verifies that the existing trees/shrubs have the
characteristics of privacy planting species, subject to
approval by the Director or Community Development.
b. Affected property owner(s) may choose to allow
privacy planting on their own property. In such cases, the
applicant must plant the privacy screening prior to issuance
of a building permit.
c. Theprivacyrnitigationmeasuresmaybemodified
in any uiay with a signed waiyer statement from the affected
property owner. Modifications can include changes to the
number of shrubs or trees, their species or location.
4. Coyenant. The property owner shall record a
covenant with the Santa Clara Courity Recorder's Office that
requires the retention of all privacy planting, or use of
existing vegetation as privacy planting, and requirea front
yard trees, prior to receiving a final building inspection from
the Building Division. This regulation does not apply to
situations described in subsection (C)(3)(b) of this section.
5. Maintenance. The required plants shall be
maintained. Landscape planting maintenance includes
irrigation, fertilization and pruning as necessary to yield a
growth rate expected for a particular species.
6. Replacement. Where required planting is removed
or dies it must be replaced uiithin thirty days with privacy
tree(s) of similar size as the tree(s) being replaced, unless it
is determined to be infeasible by the Director of Cornrnunity
Developient. (Ord. 16-2149, :' 6, 2016; Ord. 2085, § 2
(part), 2011; Ord. 2079, (part), 2011)
i9.28.i30 Exceptions.
Where results inconsistent with the purpose and intent
of this chapter result fron'i the strict application of the
provisions hereof, exceptions to ' Sections 19.28.070,
19.28.080, and 19.28. 110 may be granted by the Planning
Commission. The specific procedural requirements shall
follow Chapter 19.12. (Ord. 23-2247, § 1 (part), 2023;
Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011)'
19.28.140 Findings.
Sections 19.28. 140(A), (B), (C), (D), and (E) set forth
the findings required for a Minor Residential Permit,
Two-Story Permit, Residential Design Review, and R-1
Exception approval.
A, Minor Residential Permit Findings.
1. The project is consistent with the Cupertino
General Plan, any applicable specific plans, zoning
ordinances and the purposes of this title.
l"
(i
2023 S-91
163 Signs 19.104.100
more than thirty-three percent of the sign area of each sign
can be devoted toward business identification of the business
located on the property;
F. Political Signs. Political signs subject to the
limitations in Section 19. 104.250;
G. Public Notices. Public notices or posters as
legally required by a government agency;
H. Residential Real Estate Signs. Real estate for
sale/for lease/for rent signs, subject to the limitations in
Section 19.104.260;
I. Non-residential Real Estate Signs.
Non-residential real estate for sale/for lease/for rent signs
subject to the limitations in Section 19. 104.260;
J. Street Address Numbers. Address numbers in all
districts, providing they are not meant as an advertising
mechanism;
K. Logos, Symbols or Insignias. Logos, symbols or
insignias, commemorative plaques of recognition and
identification emblems of religious orders or historical
agencies, provided that such signs are placed on or cut into
the stnicture are not internally illuininated, and ao not
exceed nine square feet in area;
L. Window Signs. Window signs subject to the
limitations in Sections 19.104.150 and 19.104.290. One
"OPBN" sign not exceeding two square feet and of any
material may be placed in a window without penalty towards
window coverage limitations;
M. Bus Shelter Signs. Signs installed in Santa Clara
County Transit Agency bus shelters;
N. Civic Event Signs. Civic and/or City-sponsored
events signs on City property;
0. State and/or Federal Mandated Signs. State
aixd/or feaeral mandated signs, including State lottery and
certified smog station signs;
P. Pedestrian Oriented Blade Signs. Blade signs that
are not internally illuminatea. Such signs shall be less than
six and one-half square feet in area and installed at a height
between eight feet and twelve feet above pedestrian
walkways.
(Ord. 2098, (part), 2012; Ord. 2085, § 2 (part), 2011)
19.104.110 Prohibited Signs.
The following signs are not permitted in the City:
A. Advertising Statuary;
B. Animated Signs. Animated signs except for
banners, flags, pennants and balloons permitted on a
temporary basis as regulated in Section 19.104.260, and
electronic readerboard signs as permitted in Section
19.104.180;
C. Audible Signs. Advertising displays which emit
audible sound, odor or visible matter;
D, Off-site Signs. Any off-site sign except as may
be pern'iitted in Section 19.104.240, 19.104.250 &
19. 104.260;
E. Portable Signs. Portable signs except as may be
permitted in Section 19. 104.270;
F. Roof Signs. Any permanent roof sign;
G. Traffic Conflict Signs. Signs which because of
color, wording, design, location or illumination resemble or
conflict with any traffic-control device or with the safe and
efficient flow of traffic;
H. Vehicle Signs. The parking of any vehicle or
trailer, on either public or private property which is visible
from a public right-of-way, which has affixed to it a sign
which is intended to attract or direct customers to a business
on or near the property is prohibited. This subsection is not
intended to apply to stai'idard advertising or identification
practices where such advertising displays are painted on or
permanently attached to a business or commercial vehicle
yhich is actively being used by the business unless the
vehicle is in violation of the parking ordiiiance (Chapter
19. i24 of the Cupertino Municipal Code).
(Ord. 2085, 8, 2 (part), 2011)
19.104.120 Signs m Special Planning Districts.
Any business regulated by the Monta Vista Design
Guidelines, Heart of the City Specific Plan or any area
regulated by a specific plan shall be subject to the sign
regulations contained within those plans. For all sign
regulations not addressed in the Special Planning District
plans, the requirements of this chapter will apply.
(Ord. 2085, § 2 (part), 2011)
19.104.130 Sign Program-Applicability,
Requirements and Findings.
A. Applicability.
1. All developments iix a commercial, office,
industrial, institutional, or residential district, with four or
more tenant spaces on the same parcel, shall adopt a
comprehensive sign program to encourage creativity and
ensure high quality in the design and display of multiple
permanent signs.
2. The adoption of a sign program shall be required
at the time of the initial construction of a new project.
Existing developments in the City which do not haye a
comprehensive sign program shall be required to adopt one
when the first tenant in the project requests a change of face
as defined in this title. Thereafter, all subsequent changes
of face in the project shall be required to conform to the
adopted program.
B. Application requirements. On any commercial,
office or industrial site, or building requiring a sign
2012 S-35
19.104.130 Cupertino - Zoning 164
program, the owner shall subn'iit to the Director a sign
program application containing the following:
1. An accurate site plan of the site showing the
location of buildings, parking lots, driveways, and
landscaped areas on the lot, at such scale as the Director
may reasonably require;
2. Computationoftheproposedmaximumtotalsign
area, the proposed maximiun area of individual signs,
allowed maximum total sign area, allowed maximum area of
individual signs, the height of signs and the number of
freestanding signs; and
3. Specifications with regard to:
a. Sign type (individual channel letters, wood signs,
etc.);
b. Lighting;
c. Location of each sign on the buildings;
d. Materials;
e. Sign proportions;
f. Aay other pertinent information as required by
the Director.
C. Findings. The Director of Cornrnunity
Development may approve a Sign Program if the following
findings are made:
1. The Sign Program complies with the purpose of
this chapter.
2. Proposed signs are creative, and are in harmony
with the structures they identify, other signage on the site,
and the surrounding development.
3. The Sign Program contains provisions to
accornrnodate future revisions that may be required because
of changes in use or tenants.
D. Minor modifications to the requirements of this
chapter may be permitted, provided that the proposed Sign
Program meets the following criteria in addition to Section
19. 104. 130C:
1. Special circumstances, unique to the site and
buildiiig locations, exist that require a modification from the
standards in this chapter.
2. Demonstrates unique design and exhibits a high
degree of imagination, ii'iventiveness, spirit, and
thoughtfulness.
3. Provides high quality graphic character through
the imaginative use of color, graphics, proportion, qaality
materials, scale, and texture.
(Ord. 2085, Ei2 (part), 2011)
19.104.140 Pernianent Wall Signs.
Table 19.104.140 sets forth the niles, regulations and
processing applicable to permaiient wall signs.
(Ord. 23-2247, F:) 1 (part), 2023; Ord. 2085, 8) 2 (part),
2011)
19.104.150 PermanentWindowSigns,BladeSigns&
Logos, Symbols or Insignias.
Table 19. 104. 150 sets forth the rules, regulations and
processing applicable to Permanent Window Signs, Blade
Signs & Logos, Symbols or Insignias.
(Ord. 23-2247, 8, 1 (part), 2023; Ord. 2085, § 2 (part),
2011)
19.104.160 Ground Signs.
Table 19. 104. 160 sets forth the rules, regulations and
processing applicable to Ground Signs.
(Ord. 23-2247, 8;, 1 (part), 2023; Ord. 2085, § 2 (part),
2011)
19.104.170 Gasoline Station Signs.
Table 19. 104.170 sets forth the rules, regulations and
processing applicable to Gasoline Station Signs.
(Ord. 23-2247, § 1 (part), 2023; Ord. 2085, FS) 2 (part),
2011)
29.i04.i80 EJectronic Reaaerooara Signs,
Changeable Copy Signs, Exposed &
Visible Neon Signs, Decorative Statuary
and Beverage Container Recycling Signs.
Table 19. 104.180 sets forth the rules, regulations and
processing applicable to Electronic Readerboard Signs,
Changeable Copy Signs, Exposed & Visible Neon Signs,
Decorative Statuary and Beverage Container Recycling
Signs.
(Ord. 23-2247, Ei 1 (part), 2023; Ord. 2085, 8, 2 (part),
201 I)
19.104.190 Signs in and Near Residential Districts.
Table 19. 104.190 sets forth the rules, regulations and
processing applicable to Signs in and near Residential
Districts.
(Ord. 23-2247, F§ I (part), 2023; Ord. 2085, 'S) 2 (part),
2011)
19.104.200 Freeway Orientation.
Table 19. 104.200 sets forth the rules, regulations and
processing applicable to Freeway Orientation of Signs.
(Ord. 2085, Fy 2 (part), 2011)
[Tables begin on next page.]
l,,l/
(aj
2023 S-91
Table 19.104.140 Wal] Signs
Use/
zoning
Number Size Locatioxi Review
Authority
Review
Criteria
Allowed area apd
length
Max.
Area
Commercial
& Industrial
@ One sign per business with exterior
frontage
@ One additional for:
- Businesses with no ground sign
and adjacent to more than one street
or shopping center driveway.
- Sign directed to interior of project
and not visible from any public right-
of-way.
- Single tenant building pad with
more than 5,000 s.f.
@ 1 s.f. per linerar ft
of store frontage on
wliich sign is located.
0 70 % of store
frontage maximum
0 Length = total
combined length of
eacli row of sign copy
0 Minimum area =
20 s.f.
200 s.f.@ No mere than one wall sigri per frontage
@ Shall not project above the roof or top of
parapet, unless it is an integral part of the face
of an architectural projection.
@ No projecting wall sign shall extend into a
public right-of-way more than twelve inches.
Any projecting sign shall liave a vertical
clearance of at least fitteen feet above a
private or public vehicular roadway, alley,
driveway or parking area, and at least eight
feet above a sidewalk, pedestrian mall or
landscaped area.
CDD Meets
Design
Criteria in
Section
19. 104_220
Office &
Institutional
@ One sign per business with exterior
frontage
@ One additional for:
- Businesses with no ground sign and
adjacent to more than one street or
major shopping center driveway.
- Sign directed to interior of project
and not visible from any public right-
of-way.
0 1 s.f. per linear ft.
of business frontage
on which sign is
located.
o 70 % of business
frontage raaximum
0 Length = total
combined length of
each row of copy
40 s.f.Same as aboye CDD Same as
above
CDD - Community Development Director; PC - Planning Commission; s.f. = square feet; it = feet
0
Tab]e 19.10/.150: Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias
Use/
Zoning
Number A4aximuin Area Location Review Authork)s Review Criteria
A.
Permanent
Window
Signs
All One or more @ Considered part of wall sign
area
* 25 % of windcw surface of
each storefront bay.
@ Neon window sign = 4 s.f.
@ One "open" sign less than
two s.f. exempt
Perimeter neon window
signage not allowed
CDD Meets Design Criteria
in Sec. 19.104.220
B. Blade
Sla?
All except
residential
districts
One on each
frontage up to a
maximum of
tWO
6.5 s.f.Between 8 it. and 12 ft.
above pedestrian walkways.
* Illuminated - CDD
0 Not illuminated -
Exempt
Shall be pedestrian
oriented only and
sha]l meet Design
Review Criteria in
Sec. 19.104.220
C. Logos,
Symbols or
lnsigiiia
All except
residential
diStriCtS
Same as Sec.
14.24.050
9 s.f.Same as Sec. 19. 104. 140 @ Illuminated - CDD
* Not illuminated -
exempt
Shall meet Design
Review Criteria in
Sec_ 19.104.220 and
restrictions in Sec.
19.104.190
CDD - Community Development Director; PC - Planning Commission: s_f. = square feet; ft = feet
o
t')
0
tQ
(.+J
Table 19.104.16'): Groiind Signs
Use/
Zoning
Nmnber Sizrz Location Review
Ahthori@
Review Criteria
Allowed Area & Length Maximum Height
All non-
residential
areas
@ One sign if
minimum 100
it. street
frontage
0 Two signs if
500 fL. street
frontage
@ One s.f. per four
linear ft. of street
frontage.
0 Maximum area = 100
s.f.
@ V-shaped and signs
with more than two
faces: Area of all faces
of sign = l"otal Sign
Area.
@ Double faced signs:
Area of larger face of
sign = Total Sign Area
@ Maximiim number of
tenants on sign = six
* Eight ft.
0 Street address
numbers or range of
numbers for
businesses shall be
clearly identified in
riumbers not less than
5 inclies in lieight
* Corner propert5r: Sign has to be located on
street frontage with the site's address.
* Every ground sign shall be located whoily
on the property for the use which the sign is
advertising is located on.
@ No portion of any ground sign shall be
located closer than one foot from the public
right-of-way.
@ No portion of ariy sign over three feet in
heiglit shall be located within a corner
triangle or sidewalk< site triangle.
@ Signs on interior lots < 200 fl. of frontage
sliall be located wi1.hin the center 50% of the
lot frontage.
0 Interior lots > 200 ft. or frontage shall
locate ground signs na cioser than 50 ft from
a side property line (See Appendix A)
* No ground sign shall be located closer than
one hundred feet from any other ground sign
on the same propeity
CDD * Shopping Center or
multitenant
commercial
development with a
center name shall
emphasize that name
* Sham} meet Design
Criteria in Section
19.104.220
CDD - Community Development Director; PC - Planning Commission; s.f. = square feet; ft = feet
Table 19.1D4.170: Gasoline Station Signs
Type of Sign Number Size, Maximum Area and
Allowable Area
Location Resiiew
Authority
Review Criteria
A. Wan Sign Same as Sec.
19. 104. 240
Same as Sec. 19. 104. 140 Same as Sec.
19.104.140
CDD * Meets Design Criteria in Sec. 19. 104.220
B. Ground
Sign
1 ground sign
regardless of
frontage
Same as Sec. 19.104.160 Same as Sec,
19.104.160
CDD 0 Meets Design Criteria in Sec. 19. 104.220
C. Fuel
Price
Ground Sign
Fuel price sign to
be incorporated
into the design of
the ground sign
Computes toward Allowable
Ground Sign Area
See above CDD * Is incorporated into the design of the
ground sign
@ Letter size of price display on fuel price
sign shall not exceed minimum
specifications contained in Sec. 13532 of the
Ca)ifornia Business and Professions Code
@ Meets Design Criteria in Sec. 19. 104.220
D. Fuel
Price Wall
Sign
Jf service station
is not identified on
ground sign, in
addition to any
wall sign allowed
to the service
station per Sec.
19.104.140, a
second fuel price
sign is allowed
Number of product prices
on fuel price sign not to
exceed eight per face.
Attached to the wall of
the building facing the
public street
CDD @ Same as aboye.
CDD - Community Development Director; PC - Planning Commission
0
Table 19.104.180 Electronic Readerlioard Signs, Changeable Copy Signs, Exposed or Visible Neon Signs,
Decorative Statuary & Beverage Container Recycung Signs
I
i Use/
i Zoning
Nuynber Size and Height Location Review Authority Review Criteria
A. Electronic
Readerboard
Signs
Commercial One sign for
centers with 20
tenants or more
and 50,000 s.f.
of gross floor
area
Same as Sec.
19.104.160
@ No closer than 500
ft from any residential
district on the same
street as the sign
PC @ Background of electronic readerboard will
be the same color as the primary background.
If not practical, then a color tl'iat is
complementary to the background color slial)
be used
@ Same as Sec.
19. 104. 160
B. Change-
able Copy
Signs
Commercial N/A Included in total
allowabie wall
sign area
N/A CDD @ Deemed necessar)t to the type of
merchandising of that business. Shall consist
of permanent sign and symbols or letters
made of high quality and durable materials
C. Exposed
or visible
neon SignS
All N/A N/A N/A CDD Sliall meet Illumination Restrictions in
Section 19.104.230
D. Decorative
Statuary
All except
residential
districts
N/A N/A N/A @ CDD @ In conjunction with the overall
architectural design of the building, the
landscaping scheme and the sign program for
the business.
* If net publicly
visible, then
exempt
Table 19.104.180 Electronic Readerboard Signs, Changeable Copy Signs, Exposed or Visible Neon Signs,
Dec:irative Statuary & Bev=rage Container Recycling Sigas (Cont.)
Use/
Zonigxg
Number Size and Height.Location Review Authority Review Criteria
E. Beverage
Container
Recycnng
Where
allowed
@ Wall signs-as
allowed by Sec.
19.104.140
@ Ground signs-
as allowed by
Sec 19.104.160
10 s.f. maximum N/A N/A @ Dealer subject to provisions of
California Beverage Container
Recycling and Litter Reduction Act of
1986.
* One building
mounted sign
* Sign should contain information
concerning a certified recycling center
as described in Sections 14570 and
14571 of Public Resources Code.
* Certified Redemption Center sign -
subject to limitations and review
procedure of zoning district where it
is located.
CDD - Community Development Director; PC - Planning Commission; s.f. = square feet; ft = feet
0
Table 19.104,190 Signs in and near Residential Districts
Use/
Zoning
Namber Size Location Review
Authoiity
Review Criteria
.4rea Height
A. Signs near
residential
districts
All except
residential
*Wall Sign- Same as
Sec. 19.104.140
*Ground Sign -
Same as Sec.
19. 104. 160
*Wall Sign -
Same as Sec.
19. 104.140
*Ground Sign -
Same as Sec.
19. 104. 160
oWall Sign - Same
as Sec. 19. 104. 140
eGround Sign -
Same as Section
19. 104. 160
*No internally illuminated
sign permitted within 100 ft
from any residential districts
except if tlie sign face is
mounted so it is not visible
to any residence within 100
ft of the sign
CDD *Shall meet
design criteria
specified in
Sec. 19.104.220
B. Name plates,
streets or Unit
niunbers
Residential One or more 2 s. ('. or less N/A N/A CDD
C.
Development
Identification
Signs
Residential sane sign for
mterior lot
32 s.f.5ft *If one sign allowed, at
maJor entr'V
CDD *Shall contain
only name and
address of
development.
@Two signs for
corner development
*If two allowed, one ori
each street front
*Shall meet
design criteria
specified in
Sec. 19.104.220
CDD - Community Development Director; PC - Planning Commission; s.f. = square feet; ft = feet
iQ
0
tQ
Table 19.104.200: Freeway Orientation
Areas Number Sign Size Locatioyi Approval Authority Review Criterm
A. Wail Signs Commercial,
Industrial &
Office
01 per busixiess/tenant
in a bui)ding occupied
by t,vo or more tenants
@Maximiim two
See Sec.
19. 104. 140
Building
mounted
*Oriented to regular
street system adjoining
tlie propeny rather than
exc]usively visiaole
from the freeway -
CDD
*Freeway Orientation -
PC
*Applies to all signs within 660 ft.
of "landscaped freeway" measured
from edge of right-of-way
@Signs not exempted or excluded by
Sec. 5272 of the State of Cal
Business and Professions Code shall
be regulated by the "Advertisers"
cliapter of that code.
B. On-site
temporary
Sign!i
Commercial,
Industrial &
Office
Subject to Sec.
19. 104.260
Subject to Sec.
19.104.220
Building
mounted
Limited time period
subject to Sec_
19.104.260 - CDD
Subject to Sec. 19.104.260
C. Free-
standing
Signs
Commercial;
Industrial &
Office
Not allowe6
CDD - Corrii'nunity Development Director; PC - Planriing Corninission
217 Parking Regulations 19.124.040
Table 19.124.040(C): Calculating Shared Parlcing for Prfixed-Use Developmerits Weekday 'We=kend Nighttime
Wee'.<day Wee}:end Nighttime
Daytime Evening Daytime Eventng (midnight -
6:00 a.m.)
(9:00 a.m. -
4:00 p.m.)
(6:00 p.m. -
midnight)
(9:00 a.m. -
4:00 p.m.)
(6:00 p.m. -
midnight)
Residential 75 %100%80%100%100%
Office/Industrial 100 %10%10 %5%5%
Retail 60 %90 %100%70%5%
Hotel 75 %100%75 %100%10%
Restaurant 100%100%100%100%10 %
Entertainment/
Recreational
40 %100%80%100%10 %
1. Deternie the um amount of parking required for each land use as though it were a separate use;
2. Multiply each amount by the corresponding percentage for each of (he five time periods;
3. Calculate the coliunn tol.al for each time period;
4. The column total with the highest value is the parking space requirement.
(Ord. 21-2234, Att. A (§ 9, part), 2021; Ord. 21-2225, Att. A (t§ 6), 2021; Ord. 16-2150, § 2, 2016; Ord. 2085, F§ 2 (part),
2011; Ord. 2056, (part), 2010; Ord. 1940, (part), 2004; Ord. 1737, (part), 1996; Ord. 1657, (part), 1994; Ord. 1637, (part),
1993; Ord. 1601, Exh. A (part), 1992)
19,124.050 Exceptions-Approval Authority.
A. The Director of Coinmunity Development may
approve the following exceptions upon making the written
findings in Section 19. 124.060:
1. Exceptions to this chapter for properties located
a. The Single-Family (R-I) Residential Zoning
District;
b. The Duplex (R2) Zoning District;
2. Single Family homes or duplexes in a Planned
Development District;
3. Tandem parUng arrangements in residential
zoning districts ;
4. Parking exceptions for Minor applications as
identified in Section 19.12.030, upon making written
findings in Section 19. 124.060.
B. The Planning Commission may approve parking
exceptions for Major applications as identified in Section
19.12.030, upon making written findings in Section
19. 124.060.
(Ord. 23-2247, 811 (part), 2023; Ord. 2085, S, 2 (part),
2011)
19.124.060 Exceptions-Fiiidings.
Exceptions to this chapter may be granted as provided
in this section.
A, Findings for an exception to allow substandard
sized parking spaces in an enclosed garage in the R-1
Single-Family Zoning District:
1. The exception to be granted is one that will
require the least modification and the rninirnui'n variance to
accomplish the purpose.
2. The exception to be granted will not preclude the
garage from being used to park two standard-sized vehicles.
B. Findings for all other parking exceptions to is
chapter:
1. The literal enforcement of this chapter will result
in restrictions inconsistent with the spirit and intent of this
chapter.
2. Thegrantingoftheexceptionwillnotbeinjurious
to property or improvements in the area nor be detri.mental
to the public safety, health and welfare.
3. The exception to be graxited is one that will
require the least modification and the n'mui'n variance to
accomplish the purpose.
2023 S-9l
19.124.060 Cupertino - Zoning 218
4. 'I'he proposed exception will not result in
significaiit impacts to neighboring properties.
C. Projects proposing Alternative Parking Standards
per Section 19.124.040(H) shall meet the following
conditions in addition to 19. 124.060(B)(1)-(4):
a. The applicant submits a detailed pa.rking study
which demonstrates that the proposed use is compatible with
the proposed parking supply. Adjacent ori-street parking
may be included in the parking supply.
b. The project is owned or managed by a single
entity.
c. If adjacent properties are used to share parking,
they are in close proximity to each other, and reciprocal
parking and access easements and maintenance agreements
are recorded on the applicable properties to run with the
land.
(Ord. 2085, § 2 (part), 2011 ; Ord. 2056, (part), 2010; Ord.
1940, (part), 2004)
1
(j
2016 S-58
Comprehensive Ordinance List
Ord. No.
22-2245
22-2246
23-2247
Amends Ch. 16.02, 16.04, 16.06,
16.16, 16.20, 16.24, 16.28, 16.32,
16.40, 16.42, 16.54, 16.58, 16.62,
16.64, 16.68, updating building and
construction codes (16.02, 16.04,
16.06, 16.16, 16.20, 16.24, 16.28,
16.32, 16.40, 16.42, 16.54, 16.58,
16.62, 16.64, 16.68)
Amends §§ 18.20.170, 19.08.030,
19.12.030, 19.12.110, 19.12.170,
19.28.040, 19.28.060, 19.28.150,
19.40.050, 19.40.060, 19.40.090, and
19. 1 12.060; to adopt standards for
ministerial approval of duplexes and lot
splits in single-family residence districts
(18.20, 19.08, 19.12, 19.28, 19.40,
19. 112)
Amends §§ 2.32.070, 2.88.100,
9.20.090, 9.20.110, 19.08.030,
19.12.030, 19.12.120, 19.12.130,
19.12.150, 19.28.040, 19.28.130,
19.104.140, 19.104.150, 19.104.160,
19.104.170, 19.104.180, 19.104.190,
and 19.124.050, repeals Chs. 2.84,
2.90, 2.96, and §§ 9.20.100 and
19. 12.050, and adds Ch. 17.02; to
amend city commissions and committees
(2.32, 2.84, 2.88, 2.90, 2.96, 9.20,
17.02, 19.08, 19.12, 19.28, 19.104,
19. 124)
2023 S-91
Cupertino - Comprehensive Ordinance List 50
9 Index
CODE ENFORCEMENT OFFICER
Inspection, right of entry
See INSPECTION
Office created 2.30.010
WarrantIess arrest authority 2.30.020
COFFEE SHOP
See RESTAURANT
COMMISSION, CITY
See Specific Commission
COMMUNICATION WITH CITY OFFICIALS
Public building, prohibited acts
designated 10.10.020
Rightdesignated 10.10.010
Violation, penalty 10.10.030
COMMUNITY DEVELOPMENT DEPARTMENT
See DEPARTA4ENTAL ORGANIZATION
COMMUNITY DEVELOPMBNT DIRECTOR
Parade and athletic event administrative
authority 10.44.030
CONCERT
Business license
See also BUSINESS LICENSE
fee 5.04.340
CONSTRUCTION TAX
Adjustment 3.32.045
Definitions 3.32.020
Exceptions 3.32.070
Imposition 3.32.030
Payment
place 3.32.060
time 3.32.050
Purpose, intent 3.32.010
Rates 3.32.040
Refunds 3.32.050
Revenue use 3.32.080
CONTRACTOR
Business license
See also BUSINESS LICENSE
fee 5.04.370
COUNCIL, CITY
Abandoned vehicle, hearing 11.04.070
Bicycle, fee allocation 11.08. 130
Bingo license fee 5.32.280
Business license powers, duties 5.04.060
Call for Council review 2.08.145
Child care expense reimbursement,
when granted 2.72.010
Communications 2.08. 100
Contract bid award 3.24.080
Documentsignatureauthority 2.08.135
Election
See also Campaign finance
generally 2.04.005
False alarm hearing duties 10.26. 120
Manager, city
appointment 2.28.010
suspension, removal 2.28.090
Meeting
discussionprocedure 2.08.130
emergency 2.04.025
order of business 2.08.090
place 2.04.030
presentation method 2.08.080
protests 2.08.120
reconsideration
motions 2.08.095
petitions 2.08.096
regular 2.04.010
special 2.04.020
violation, penalty 2.08.140
Municipal employee relations officer
appointment 2.52.320
Officer, official -boay reports 2.08. iiO
Parade, athletic event permit appeal
hearing 10.44. 140
Permitparkingtimedeterrnination 11.27.130
Personnel authority 2.52.090
Petition
definitions 2.08.030
exception 2.08.070
hearing notice 2.08.040
Public safety corninission appointment 2.60.010
Reimbursement 2. 16.030
Robert's Rules of Order adopted 2.08.020
Salary
amount, effective date 2.16.020
statutorybasis 2.16.010
Storm drainage service charge
adjustment authority 3.36.160
collection duties 3.36.080
review duties 3.36.050
2021 S-82
Cupertino - Index 10
Technology, information, and
comrniuucations commission
appointment 2.74.010
vacancy filling 2.74.030
Term limits 2.04.050
Transient occupancy tax appeal hearing
determination 3. 12. 100
Vacancy filling 2.04.040
Waterchargeappealhearing 15.12.100
Weed abatement
assessment, hearing 9.08.090
authority 9.08.060
hearing, decision, action 9.08.050
resolution 9.08.020
CRIMINAL ENFORCEMENT
See PENALTY AND CRIMINAL
ENFORCEMENT, GENERAL
CRUISING
See TRAFFIC
CUPERTINO GARBAGE COMPANY
See GARBAGE
CURFEW
Definitions 10.68.010
Exceptions 10.68.030
Violation
penalty 10.68.050
prohibited acts 10.68.020
-D -
DARK SKY GUIDELINES
See GLASS AND LIGHTING STANDARDS
DEFECATION
See URINATION, DEFECATION
DEPARTMENT AL ORGANIZATION
Authority of Director of Public Works and City
Engineer to approve plans and designs 2.48.040
Divisions, designated 2.48.020
Manager authority 2.48.030
Purpose 2.48.010
DISASTER COUN(IL
See EMERGENCY MANAGEMENT PROGRAM
DOCUMENTARY ST AMP TAX
Adn'iinistration, authority 3.04.090
Exemptions 3.04.040
Imposition, rate 3.04.020
Payment responsibiIity 3.04.030
Refund claim, authority 3.04. 100
Short title, authority 3.04.010
DOG
See ANIMAL
-E -
EARTHQUAKE
See TOXIC GASES
ELECTIONS, MUNICIPAL
See COUNCtL, CITY
ELECTRIC VEHICLE CHARGING SYSTBMS
Expedited Permit Process
Appeals 16.28.070
Applicability 16.28.030
Application and documents 16.28.050
Definitions 16.28.020
Intent 16.28.010
Pern'iit review and inspection requirements
16.28.060
Purpose 16.28.010
Requirements 16.28.040
(l
2023 S-91
11 Index
EMPLOYEES' RETIREMENT SYSTEM
See PERSONNEL
BNERGY CODE Ch. 16.54
ENCROACHMENTS
See STREETS AND SIDEWALKS
ENGINEER, CITY
Encroachmentpermitissuance 14.08.050
Preliminary soil report approval 16. 12.050
Truck route signing 11.32.020
ENVIRONMENTAL QUALITY ACT
CEQUA procedures 17.02.020
review of CEQUA procedures 17.02.010
ENVIRONMENT AL REGULATIONS
Evaluation of transportation impacts
See TRANSPORTATION IMPACT
Standard environmental protection requirements
See STANDARD ENVIRONMENTAL
PROTECTION REQUIREMENTS
EQUIPMENT, SURPLUS, SALE
Auction
bidding, payment 3.25.060
required 3.25.050
Between agencies 3.25.080
Centralization required 3.25.030
Notice 3.25.040
Officer designated, powers, duties
generally 3.25.020
Open market, when 3.25.070
System adopted 3.25.010
To officer, employee of city, restrictions 3.25.090
Transfer to charity, public agency 3.25.100
EXCAVATION, GRADING, RETAINING WALLS
Appeals 16.08.265
Bond requirements 16.08. 150
Civil engineer grading supervision 16.08.230
Definitions 16.08.020
Engineering geological reports 16.08.120
Fees 16.08.160
Grading
See also Specific Type or Phase
emergency permit issuance 16.08. 185
supervision 16.08.230
Inspections 16.08.250
Interim plan 16.08. 110
Limitations of provisions 16.08.040
Modifications 16.08.240
Permit
application contents 16.08.080
approval conditions 16.08.190
denial 16.08.180
design standards 16.08.200
emergencies 16.08.185
exemptions
categorical 16.08.070
generally 16.08.060
issuance conditions 16.08. 170
limitations, conditions 16.08.210
perrnittee responsibility 16.08.220
reyocation 16.08.280
suspension 16.08.270
Perrnittee responsibility 16.08.220
Purpose of provisions 16.08.010
Scope 16.08.050
Severability 16.08.030
Site map, graaing plan required 16.08. iOO
Soilsengineeringreports 16.08.130
Title of chapter 16.08.000
Violation
penalties designated 16.08.290
remedies deemed cumulative 16.08.300
Work
completion notice, report 16.08.260
schedule required 16.08.140
EXISTING BUILDING CODE Ch. 16.64
EXPLOSIVES
Disposal 6.24.100
Permit
issuance 10.20.020
required, application 10.20.010
Storage 10.20.030
Violation, penalty 10.20.040
2023 S-91
Cupertino - Index 12
-F -
FALSE ALARM
See ALARM
FAMILY CARE HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
FENCE
See ZONING
FINANCE
See PURCHASING
FINANCE DIRECTOR
Purchasiiig officer, designation, duties
See PURCHASING OFFICER
Storm drainage service charge
bill correction authority 3.36. 150
collection duties
balance payments 3.36.090
generally 3.36.080
ornittedcharges 3.36.100
premisesinspectionauthority 3.36.190
FINANCE OFFICER
Alarm systems
administration and enforcement 10.26. 100
appeals hearing 10.26. 120
FINE ARTS ACTIVITIES
Regulations generally 2.80.080
FINE ARTS COMMISSION
Compensation, expenses 2.80.090
Effect of provisions 2. 80. 100
Established, appointment, composition 2.80.010
Meetings
generally 2.80.050
quor 2.80.050
voting, requirements 2.80.060
Members
appointment, composition 2.80.010
terms of office 2.80.020
vacancy filling, removal procedures 2.80.030
Officers 2.80.040
Powers, duties generally 2.80.080
Records 2.80.070
FIRE
See FIRE CODE
See SMOKING
FIRE CHIEF
Bingo license applicant investigation 5.32.220
FIRE CODE
Administratiori 16.40.020
Adoption of 2022 California Fire Code and 2021
International Fire Code 16.40.010
Adoption of Appendix Chapters 16.40.OI5
Building services and systems 16.40. 100
Corrosive materials 16.40.230
Decorative vegetation in new and existing
buildings 16.40. 120
Definitions 16.40.040
Energy systems 16.40.160
Explosives and fireworks 16.40.240
Fire and smoke protection features 16.40. 110
Fire apparatus access roads 16.40.420
Fire-flow requirements for buildings 16.40.380
Fire hydrant locations and distribution 16.40.400
Fire protection and life safety systems
16.40. 140
Fire safety during construction and demolition
16.40.180
Fire service features 16.40.080
Flainmable and combustible liquids 16.40.260
Flammable gases and cryogenic fluids 16.40.280
Hazardous materials - general proyisions 16.40.220
Highly toxic and toxic materials 16.40.300
Liquified petroleum gases 16.40.320
Pyrophoric materials 16.40.340
Referenced standards 16.40.360
Toxic and highly toxic materials 16.40.300
Wildland-Urban Interface Fire Areas,
requirements for 16.40.200
FIREARM
Permit required 10.76.010
Violation, penalty 10.76.020
FIRE MARSHAL, COUNTY
Weed abatement
assessment
collection authority g.os. 100
hearing, subrnittal of record 9.08.090
notice distribution 9.08.080
recordkeeping duty 9.08.070
duty 9.08.060
notice rnailiixg 9.08.040
2022 S-89
15 Index
GREEN BUILDING STANDARDS CODE
Adoption of 2022 California Green Building
Standards Code, 16.58.010
Adoption of Appendix Chapters 16.58.015
Alterriate green building standards 16.58.240
Compliance with local water-efficient landscape
ordinance
non-residential 16.58.310
residential 16.58.300
Definitions 16.58.280
Electric vehicle (EV) charging
non-residential 16.58.420
residential 16.58.400
Exemptions 16.58.260
Local amendments 16.58.020
Major multi-family residential renovations/additions
16.58. 150
Mandatoryrequirements 16.58.100
Mixed-use 16.58.220
Non-residential new coristi'uction
large 16.58.180
medium 16.58.170
small 16.58.160
Non-residential renovation/additions
major 16.58.200
minor 16.58.190
Projecttypes 16.58.110
Residential new construction
equaltoorlessthannine(9)homes 16.58.130
greater tha.ii nine (9) homes 16.58. 140
Residential projects 16.58. 120
Scope 16.58.040
Table 101.10-Added 16.58.230
Tenant improvements 16.58.210
Title 16.58.030
Verification 16.58.250
GUN
See FIREARM
-H -
HANDBILLING
See ADVERTISING
HAZARDOUS MATERIAI,S STORAGE
See also FIRE CODE
TOXIC GASES
Compliancetirnetable 9.12.141
Conflict with other laws 9. 12. 133
Containment 9.12.030
Definitions 9. 12.013
Duties discretionary 9. 12. 132
Effectiye date 9. 12. 140
Emergency equipment 9.12.038
Emergency procedures
See also Emergency response plan
posting 9.12.039
Emergency response plan
See also Emergency procedures
hazardous materials defined 9. 12.043
required, requirements 9.12.043
Exclusions 9.12.021
Existing storage facility requirements 9. 12.032
Fences, locks required 9.12.037
Guidelines 9.12.131
Handling 9.12.036
Hazardous materials management plan
required 9.12.040
shortform 9.12.042
standard form 9.12.041
Hearing
notices 9.12.111
rules 9.12.110
Inspection
bycity 9.12.070
by permittee 9. 12.071
special 9.12.072
substituted 9. 12.073
Inventory statement
informationrequired 9.]2.051
public record 9.12.053
required 9.12.050
Liability disclaimer 9. 12.130
Maintenance, repair, repiacement of faciiities
9.12.035
Newstoragefacilityrequirements 9.12.031
Out-of-service storage facility requirements
9. 12.033
Permit
additional approvals 9.12.085
appeal
disposition 9. 12.095
hearing 9.12.094
timelimit 9.]2.093
application 9.12.081
approval 9.12.083
denial
authority 9. 12.090
decision transrnittal 9. 12.092
deterinination 9.12.088
effectiye date, term 9.12.086
fees 9.12.089
2022 S-89
Cupertino - Index 16
grounds 9.12.091
investigation 9. 12.082
issuance 9.12.084
renewal 9.12.087
required 9. 12.012, 9. 12.080
Professional assistance for city determinations
9.12.014
Purpose of provisions 9. 12.010
Records maintenance 9. 12.074
Regulated materials designated 9. 12.020
Remedial action
authority after permit suspension, revocation,
expiration 9. 12. 106
decision transrnittal 9. 12. 105
designated 9. 12. 104
grounds 9. 12. 100
hearing
notice 9.12.102
permit suspension prior to 9.12. 103
noncompliance notice 9. 12. 101
return of permit 9. 12.107
Safety, car generally 9.12.011
Unauthorized discharge
cleanup 9.12.061
indemnification 9. 12.062
reporting 9. 12.060
Underground tank 9. 12.022
Violation
civil action for retaIiation 9. 12. 122
civil penalty 9. 12. 121
criminal penalty 9. 12. 120
remedies not exclusive 9. 12. 123
HAZARDOUS W ASTE FACILITY
Applicability of provisions 9.20.020
Application
compliance requirements 9.20.290
conszstency reqrurements
general plait 9.20.060
overall continuity 9.20.220
generally 9.20.040
hearing 9.20.070
land use
See Land use application
notice on intent 9.20.050
requirements
closure plan 9.20.180
emergencyplan 9.20.170
generally 9.20. 140
health, safety assessmei'it 9.20. 150
hearing notification list 9.20.210
monitoringplan 9.20.190
risk assessment 9.20.I60
siting criteria, proof of compliance
9.20.200
Definitions 9.20.030
Dispute resolution 9.20.260
Hearing
See also Land use application
notice 9.20.280
Land use application
appeal 9.20.130
decision 9.20.120
hearing 9.20.110
local assessment cominittee review 9.20.090
required, fees 9.20.080
Local assessment corn.Thttee
appointment 9.20.230
furiding by applicant 9.20.250
powers, drities 9.20.240
termination 9.2.0.270
Permit use 9.20.300
, Purpose of provisions 9.20.010
Violation, penalty 9.20.310
HEALTH OFFICER
Bingo license applicant investigation 5.32.220
Restaurant
food, unwholesome, destruction authority
9.04.100
permit
denial 9.04.050
inspection, issuance 9.04.030
rules, regulations adoption 9.04.080
Sewer provisions enforcement 15.20.080
HEATING, COOLING CODE
See MECHANICAL CODE
HISTORIC BUILDING
Seisrnic safety
See UNREINFORCED MASONRY
BUILDINGS
HISTORICAL BUILDING CODE Ch. 16.62
HOME OCCUPATION
Business license
See also BUSINESS LICENSE
fee 5.04.380
2023 S-91
Index
-Z -
ZONING
A-1 zone
applicability off provisions 19.24.020
building development regulations 19.24.050
conditional uses 19.24.030
designated 19. 16.010
excluded uses 19.24.030
permitted uses 19.24.030
purpose 19.24.010
site development regulations 19.24.040
A zone
applicability of provisions 19.24.020
building developrnent regulations 19.24.050
conditional uses 19.24.030
designated 19. 16.010
excluded uses 19.24.030
permitted uses 19.24.030
purpose 19.24.010
site development regulations 19.24.040
Accessory building, structure
applicability of provisions 19. 100.010
Detached Accessory Buildings and Structures
Example, Ch. 19. 100, Appendix A
generally 19. 100.020
site development regulations 19.100.030
Accessory dwelling unit
A-I zone 19.20.020
A zone 19.20.020
prohibited 011 certain lots 19.112.060
purpose 19.112.010
Rl zone 19.2.0.020
regulations 19.112.020
reviewprocess 19.112.050
RHS zone 19.20.020
site development regulations for
non-streamlined accessory dwelling units
19.112.040
site development regulations for streamlined
accessory dwelling units & junior accessory
dwellingunits 19.112.030
Accessory facilities
A-1 zone 19.20.020
A zone 19.20.020
CG zone 19.60.030
OA zone 19.64.020
PR zone 19.84.020
R-1 zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Administration
appeals 19.12.170
applicabilityofregulations 19.12.020
application process 19. !2.080
approval authority 19.12.030
city council, authority of 19. 12.070
city council, action by 19.12. 140
decision 19. 12. 100
director, action by 19. 12.090
director of community development, action
by-Administrative 19. 12. 120
director of community development, authority
of 19.12.040
effective date 19. 12. 160
expiration, extension, violation and revocation
19. 12. 180
notice of decision and reports 19. 12. 150
noticing 19. 12. 110
plag commission, authority of 19.12.060
planning commission, action by 19. 12. 130
purposeandintent 19.12.010
Administrative and professional office zone
See OA zone
Adn'iinistrative office
CG zone 19.60.030
ML-rc zone 19.64.020
MP zone 19.64.020
OA zone 19. 64. 020
OP zone 19.64.020
Adoption of provisions 19.04.010
Adult- oriented commercial activities
applicabilityofprovisions 19.128.020
purpose 19. 128.010
regulations
concentrationofactivities 19.128.030
proximity to residential, public, quasi-
public uses 19. i28.040
Agricultural-residential zone
See A-1 zone
Agricultural uses
PR zone 19.84.020
Agricultural zone
See A zone
Airfields
T zone 19.76.030
Airport
T zone 19. 76.030
Air sports fie]d
FP zone 19.84.020
Amendment
boundaries, changes in 19. 152.020
generally 19.152.010
prezoning 19.152.040
regulations, changes in 19. 152.030
2023 S-91
Cupertino - Index 38
Amusement park
FP zone 19.84.020
Animal
breeding
A-1 zone 19.20.020
A zone 19.20.020
keeping
A-1 zone 19.20.020
A zone 19.20.020
RIC zone 19.20.020
R-1 zone 19.20.020
R-2 zone 19.20.020
R-3 zone 19.20.020
RHS zone 19.20.020
Antenna
See Wireless coxni'nunications facilities
Apiary
A-1 zone 19.20.020
A zone 19.20.020
Aplieal
action
city council 19. 136.050
planning commission 19.136.040
filingprocedures 19.136.020
generally 19.136.010, 19.136.060
hearing, notification 19.136.030
Arboretum
A-1 zone 19.20.020
A zone 19.20.020
Archery practice range
FP zone 19.84.020
Architectural, site review
findirigs 19. 168.030
lin'iitationsregardingdecisions 19.168.020
purposeofregulations 19.168.010
Artwork, required inpublic and private developments
See ARTWORK, REQUIRED IN
PUBLIC AND PRIV ATE DEVELOPMENTS
Assembly
ML zone 19.64.020
Athletic field
FP zone 19.84.020
Auction house
ML zone 19.64.020
Automobile rental
ML zone 19.64.020
Automo'Liile repair shops
CO zone 19.60.030
Automobile sales
CG zone 19.60.030
ML zone 19.64.020
Automobile seryice station
CG zone 19.60.030
ML zone 19.64.020
Automobile washing facility
CG zone 19.60.030
ML zone 19.64.020
BA zone
applicability of provisions 19.76.020
application requirements 19.76.050
conditional uses 19.76.030
designated 19. 16.010
excluded uses 19.76.030
permits reqriired for development 19.76.040
permitted uses 19.76.030
purpose 19.76.010
site development regulations 19.76.060
Bank
CG zone 19.60.030
Barn
A-I zone 19.20.020
A zone 19.20.020
Beverage container redemption, recycling center
See Recycling center
Bicycle motocross
FP zone 19.84.020
Billiards
FP zone 19.84.020
Boardinghouses
CG zone 19.60.030
Boat rental
ML zone 19.64.020
Boat sales
ML zone 19.64.020
Bowling
FP zone 19.84.020
BQ zone
applicability of provisions 19.76.020
application requirements 19.76.050
conditional uses 19.76.030
designated 19.16.OI0
excluded uses 19.76.030
permits required for development 19.76.040
permitted uses 19.76.030
purpose 19.76.010
site development regulations 19.76.060
Building materials sales
ML zone 19.64.020
Buildings, public and quasi-public
A-1 zone 19.20.020
A zone 19.20.020
r
2016 S-59