2023 S-92 SupplementCUPERTINO, CALIFORNIA
Instruction Sheet
2023 S-92 Supplement
REMOVE OLD PAGES
Title Page
INSERT NEW PAGES
Title Page
TITLE 2: ADMINISTRATION AND PERSONNEL
77 through 82 77 through 82
TITLE 9: HEALTH AND SANIT ATION
35 through 38R 35 through 38L
49, 50
17, 18
27, 28
COMPREHENSIVE ORDINANCE LIST
49, 50
INDEX
17, 18
27, 28
AJS
8/2023
it.
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
S-92 Supplement contains:
Local legislation current through Ordinance 23-2249, passed 7-18-2023
I
COPYRIGHT @ 2023
AMERICAN LEGAL PUBLJSHING
'l
2.100.010
CHAPTER 2.100: REGULATION OF LOBBYING ACTIVITIES"
Section
00.010
00.020
00.030
00.031
00.040
00.050
00.060
00.070
00.080
00.090
00.100
00.110
00. 120
00. 130
00.140
00. 150
00. 160
00. 170
Purpose.
Interpretation.
Definitions.
Excluded activities.
Registration.
Annual registration renewal.
Termination of lobbyist status.
Active status.
Registration fees.
Required registration information.
Semi-annual reports.
Records retention.
Lobbyist identification.
Prohibitions.
Gifts.
Enforcement.
Injunction.
Exemptions.
Editor's note: Pursuant to Ord. 21-2222, 8, 4,
"the provisions of Chapter 2. 100 ("Regulation of
Lobbying Activities") shall not become operative
until July 1, 2021. The City, or its designee, will
not begin to enforce the provisions of Chapter
2. 100 until that date."
2.100.010 Purpose.
The purpose of this chapter is to impose registration
and disclosure requirements on those engaged in efforts to
influence the decisions of City policy makers for
Compensation. Disclosure of Lobbyists' identities and
activities fosters public confidence in government officials
by making governrnent decision-making more transparent to
the public. Additionally, the disclosure and registration
requirements ensure that City Officials are made aware of
the interests that Lobbyists represent when the officials are
lobbied. (Ord. 23-2249, Att. A (part), 2023; Ord. 21-2222,
8, 1 (part), 2021)
2.100.020 Interpretation.
Unless the term is otherwise specifically defined in this
chapter or the contrary is stated, this chapter is intended to
be interpreted consistently with the Political Reform Act of
1974, Government Code Section 81000 et seq., as amended
from time to time. (Ord. 23-2249, Att. A (part), 2023;
Ord. 21-2222, § 1 (part), 2021)
2.100.030 Definitions.
For the purposes of this chapter, the following
definitions shall be applicable:
(a) "Activity Expense" means any payment made by
a Lobbyist to or directly benefiting any City Official, City
Official-elect or member of his or her immediate family.
Activity Expenses include Gifts, honoraria, consulting fees,
salaries and any other fornn of Compensation, but do not
include campaign contributions.
(b) "Administrative Action" means the proposal,
drafting, development, consideration, advocacy or
recommendation of any nile, regulation, agreement or
contract, permit, license or ming action.
(c) "Atthebeliest"meansatthespecificdirectionof,
or at the personal request or suggestion of, or with the
express prior consent of, any elective City Official, City
Official-elect or candidate for elective City office.
(d) "City Official" means any public official, or City
employee who participates in the consideration of any
Legislative Action or Administrative Action other than in a
purely clerical, secretarial or ministerial capacity. It shall
also include any City board or commission member, or City
representatiye to any joint powers authority to which the
City is a party, and any person working in a capacity as a
consultant to the City.
(e) "Client" means a Person who is represented by a
Contract Lobbyist, but shall not include the employer, if
any, of the Contract Lobbyist.
(f) "Compensation" includes, but is not limited to,
money of any denomination or origin; goods or services or
anything of value, delivered or rendered; or promises to
perform or provide services or contractual arrangements or
awards.
77
2023 S-92
2.100.030 Cupertino - Administration and Personnel 78
(g) "Contact" means attendance at a meeting with a
City Official or City Official-elect, or any direct
communication with a City Official or City Official-elect,
whether oral, electronic or in writing, including, but not
Iimited to communication through an agent, associate or
employee, for the purpose of Lobbying.
(h) "Fundraising Activity" means soliciting a
contribution; hosting or sponsoring a fundraising event; or
hiring a fundraiser or contractor to conduct any event
designed for political fundraising at which contributions for
any City Official, candidate for elective City office or any
controlled committee of an elected City Official or candidate
for City office or for any political action committee,
political party or candidate for elective office of a
governrnental Organization are solicited, delivered or made.
(i) "Gift" has the definition provided by the
California PoIitical Reform Act of 1974, Government Code
Section 82028, as amended from time to time.
(j) "Independent Expenditure" has the definition
provided by the California Political Reform Act of 1974,
Government Code Section 82031, as amended from time to
time.
(k) "Influencing or "to Influence" means the
purposeful communication, either directly or throughagents,
promoting, suppog, modifying, opposing, causing the
delay or abandonment of conduct, or otherwise intentionally
affecting the behavior of a City Official or official-elect, by
any means, including, but not limited to, providing or using
persuasion, information, incentives, statistics, studies or
analyses.
(l) "Intermediary" means a Person who makes a
campaign or officeholder contribution on behalf of another
Person. A Person is an Intermediary for a contribution if the
recipient of the contribution would consider that Person to
be the contributor without the disclosure of the identity of
the true source of the contribution. A Lobbyist acts as an
Intermediary if the Lobbyist makes a contribution on behalf
of another Person, and that other Person is acknowledged as
the contributor, and the Lobbyist is reimbursed for the
contribution.
(m) "Legislative Action" means the drafting,
introduction, consideration, modification, enactn'ient or
defeat of any resolution, ordinance, amendment thereto,
report, nomination, or other action of the Mayor, City
Council, any City board, committee, or commission or any
joint powers authority of which the City is a party, acting in
its official capacity, or the granting, approval, or
amendment of contracts or agreements to which the City is
a party by any of the foregoing.
(n) "Lobbying" means making a Contact with a City
Official for the purpose of Influencing or attempting to
Influence, whether or not successful, a Legislative Action or
Administrative Action of the City on behalf of his or her
employer or client, except as provided in section 2.100.031.
(o) "Lobbyist" means a Contract Lobbyist or
Organization Lobbyist as follows:
(1) Contract Lobbyist: A Person who engages in
Lobbying on behalf of one or more Clients (acting
individually or through agents, associates, employees or
contractors) and who has received or has entered into an
agreement for Compensation of five thousand dollars
($5,000.00) or more, or equivalent nonmonetary
Compensation ("threshold Compensation") for engaging in
Lobbying during any calendar quarter during the preceding
twenty-four months; or
(2) Organization Lobbyist: Any Organization that
hires an employee for Compensation to engage in Lobbying
on its behalf with the City, provided that the employee is
paid five thousand dollars ($5,000.00) or more, or
equivalent nonmonetary Compensation ("threshold
Compensation"), during any calendar quarter during the
preceding twenty-four months specifically for engaging in
Lobbying or for time during which Lobbying was the
employee's primary duty. Individuals employed by an
Organization Lobbyist to engage in Lobbying are not
themselves Lobbyists unless they meet the definition of
Contract Lobbyist.
(p) "Organization" means any Person that is not an
individual.
(q) "Person" means any individual, domestic or
foreign corporation, for-profit or nonprofit entity, firm,
association, syndicate, union, chamber of commerce,
joint-stock company, partnership of any kind, limited
liability company, common-law trust, society, or any other
group of Persons acting in concert. (Ord. 23-2249, Att. A
(part), 2023; Ord. 21-2222, FB 1 (part), 2021)
2.100.031 Excluded activities.
(a) For the purposes of this chapter, the following
activities shall not be considered Lobbying, and the
performance of such activities shall not be considered in
determining whether a Person is a Lobbyist:
(1) Anyactionstakenbyapublicofficialactinginhis
or her official capacity or acting within the scope of his or
her employment or appointment;
(2) Any actions taken by a Person hired by the City
for work performed on behalf of the City, or a Person who
prepares documents for consideration by the City under the
California Environmental Quality Act, when acting in that
capacity;
(3) With respect only to Persons who do not
otherwise qualify as Lobbyists, appearing at or submitting
testimony for any public meeting held by the City or any of
its agencies, offices, or departments, as long as the
communications thereto are public records available for
public review;
(4) Providing oral or written information pursuant to
a subpoena or otherwise compelled by law or regulation, or
in response to an official request;
I
2023 S-92
79 Regulation of Lobbying Activities 2.100.031
(5) Communicating with City Officials in connection
with the administration of an existing contract or agreement
between the Person (or its employer) and the City;
(6) Meeting with the City Attoniey, or City staff
regarding any claim or litigation matter, negotiation of any
agreements or contracts where the City is a party, or the
requirements or interpretation of this chapter;
(7) Communications by designated representatives of
a recognized employee Organization to City Officials or
their representatives regarding (A) wages, hours and other
terms or conditions of employment, or (B) the
administration, implementation or interpretation of an
existing employment agreement;
(8) Submitting bids or responding to requests for
proposals while directly communicating with the official or
department specifically designated to receive such
information;
(9) For purposes of the definition of Organization
Lobbyist, actions taken by the owners or employees of a
business seeking to obtain a permit or other entitlement,
license, or similar Administrative Action generally available
to qualifying members of the public. This exemption shall
not apply to actions taken on behalf of, or for the benefit of,
a Client by a Contract Lobbyist;
(10) For purposes of the definition of Organization
Lobbyist, actions taken by the Media in the ordinary course
of news gathering, reporting, or editorial activity, as
generally carried out by members of the professional or
amateur press. "Media" shall mean the publishers of
newspapers or any other regularly published periodical or
newsletter, a radio or television station or network, and
Persons who publish information on the Internet. This
exemption shall not apply to actions taken on behalf of, or
for the benefit of, a Client by a Contract Lobbyist;
(11) Communications by individuals who are
professionally licensed by a State licensing Organization
pursuant to the California Business and Professions Code,
including, but not limited to, attorneys, architects and
engineers, and whose communications are made in the
course of professional activity under such license;
(12) Actions taken by individuals whose only
Compensation for the actions is reimbursement of their own
reasonable travel, meals, or incidental expenses; and
(13) Actions taken by a nonprofit Organization, or its
officers or employees.
(Ord. 23-2249, Att. A (part), 2023)
2.100.040 Registration.
Lobbyists shall register with the City Clerk within
fifteen (15) days afier qualifying as a Lobbyist under CMC
2.100.030. Should a Lobbyist have a change to its
registration information, including, but not limited to, the
City Legislative Action or Administrative Action as to which
the Lobbyist has been engaged, afier the annual registration
period, such Lobbyist shall file an amended registration with
the City Clerk within fifteen (15) days of such change with
the changed information. (Ord. 23-2249, Att. A (part),
2023; Ord. 21-2222, 8, 1 (pan), 2021)
2.100.050 Annual registration renewal.
A Lobbyist shall renew their registration by January
15th of each year unless they have terminated their status as
a Lobbyist pursuant to CMC 2.100.060 by such date.
(Ord. 23-2249, Att. A (part), 2023; Ord. 21-2222, 8, 1
(part), 2021)
2.100.060 Termination of Lobbyist status.
After initial registration, annual registration renewal
will not be required if a declaration attesting to the
termination of Lobbying services within the City has been
filed with the City Clerk no later than January 15th. (Ord.
23-2249, Att. A (part), 2023; Ord. 21-2222, § 1 (part),
2021)
2.100.070 Active status.
All registrations, renewals and terminations will be
deemed filed on the date received by the City Clerk. A
Lobbyist shall be deemed active for the duration of the year
of registration ending December 31st, unless a declaration
attesting to termination of Lobbying services within the City
is filed. (Ord. 23-2249, Att. A (part), 2023; Ord. 21-2222,
F§ 1 (part), 2021)
2.100.080 Registration fees.
Persons subject to the registration requirements of this
chapter shall pay an annual fee set by resolution of the City
Council.
(a) The applicable registration fee is due at the time
of registration or registration renewal. Payment will be
deemed delinquent thereafter. Delinquency fees may be
assessed as specified in subsection (c) of this section, if
payment occurs after the due date.
(b) In addition to the annual fee, each registrant who
is a Contract Lobbyist shall pay a fee set by resolution of the
City Council per Client for whom Lobbying is undertaken
for Compensation in excess of five hundred dollars
($500.00). The fees for Clients as of the date of initial
registration shall be submitted with the registration. The fees
for subsequent Clients shall be due and submitted within
fifieen (15) days of such change with the changed
information pursuant to CMC 2. 100.040.
(c) An administrative penalty of twenty-five dollars
($25.00) per day for delinquent fees, up to a maximum of
five hundred dollars ($500.00) in total penalties, will be
assessed until in compliance with the registration provisions
herein. (Ord. 23-2249, Att. A (part), 2023; Ord. 21-2222,
§ 1 (part), 2021)
2023 S-92
2.100.090 Cupertino - Administration and Personnel 80
2.100.090 Required registration information.
The initial registration shall containthe name, business
address, telephone, email addresses and, if applicable,
business license of all Persons required to register pursuant
to this chapter, including the names of all owners of sole
proprietorships and partnerships of fewer than ten Persons.
If the registrant is a corporation, it shan also include the
names of the president, secretary, chief financial officer,
and agent for service of process, if any. In addition to this
information, the report shall contain the following:
(a) Contract Lobbyists: The name, business address,
and telephone number of each Client and the item(s) of
Legislative Action or Administrative Action the Lobbyist is
seeking to influence on behalf of the Client; and tlie name of
each Person employed or retained by the Lobbyist to lobby
on behalf of each Client.
(b) Organization Lobbyists: The names of owners,
officers, or employees engaged in Lobbying on behalf of the
Organization, and the item(s) of Legislative Action or
Administrative Action that those owners, officers, or
employees are seeking to influence.
(c) P ayment received by the reporting Lobbyist for
services as a consultant or in any other capacity for services
rendered to a City agency, any City Official or any City
Official-elect or their controlled committees, or ballot
measure committee within the previous calendar year. The
dates of payment and name of each payer shall be included.
(d) Contacts made with City Officials or City
Officials-elect during the preceding calendar year for the
purpose of to influence Lobbying, which shall describe the
matter that the Lobbyist sought to influence.
(e) Activity Expenses such as payments that directly
benefit any City Official, City Official-elect or member of
his or her immediate family or domestic partner made
during the preceding calendar year. Activity Expenses
include Gifts, honoraria, consulting fees, salaries and other
forms of Compensation, but do not include campaign
contributions.
(f) The name, address, title and telephone number of
the Person responsible for preparing the report, together
with that individual's signature attesting to the authority of
the signatory and the accuracy and truthfulness of the
information submitted. (Ord. 23-2249, Att. A (part), 2023;
Ord. 21-2222, r3 1 (part), 2021)
2.100.100 Semi-annual reports.
Semi-annual repom For the prior six-month period are
to be filed with tl'ie City Clerk by each Lobbyist on or before
July 15th and January 15th of each year, svhether or not any
Lobbying activities have occurred during such period.
Electronic reportjng may also be permitted by the City
Clerk. Each sem-annual report shall contain the same
information as required to be disclosed in the initial
registration, for those activities occurring in that period. If
a Lobbyisthas terminated all Lobbyingactivities during such
period, the Lobbyist may file a declaration of termination
with the semi-annual report. The final semi-annual report
shall include disclosure of any Lobbying activities duringthe
period of termination. (Ord. 23-2249, Att. A (part), 2023;
Ord. 21-2222, 8, 1 (part), 2021)
2.100.110 Records retention.
All information, reports and statements required to be
filed under the provisions of this chapter shall be compiled
and preserved by the City pursuant to the City's records
retention schedule and shall be open to public inspection.
Copies of the records pertaining to the above-required
reports shall be preserved by the Lobbyist for inspection and
audit for a period of four years from date of production.
(Ord. 23-2249, Att. A (pan), 2023; Ord. 21-2222, 8, l
(part), 2021)
2.100.120 Lobbyist identification.
When appearing in a Lobbying capacity at any meeting
with a City Official or at a public meeting of the City
Council or any other City board, commission or hearing, a
Contract Lobbyist shall identify themself and the Client(s)
on whose behalf they are appearing, and an individual
representing an individual representing an Organization
Lobbyist shall identify themself and the Organization they
represent. (Ord. 23-2249, Att. A (part), 2023; Ord.
21-2222, Fil 1 (part), 2021)
2.100.130 Prohibitions.
It shall be unlawful for any Person to knowingly or
willfully (as those terms are defined in Penal Code section
7) commit any of the following acts:
(a) Acting as a Lobbyist in the City without having
registered in compliance with this chapter, or knowingly to
employ a Person or entity to serve as a Lobbyist when such
Person is not registered pursuant to this chapter.
(b) Attempting to evade the requirements of this
chapter through indirect efforts or through the use of agents,
associates, intermediaries or employees. (Ord. 23-2249,
Att. A (part), 2023; Ord. 21-2222, § 1 (part), 2021)
2.100.140 Gifts.
It shall be unlawful for any Lobbyist to deliyer or
cause to be delivered any Gift to any City Official, and for
any City Official to accept any Gift from a Lobbyist. This
provision shall be interpreted consistently with Government
Code Section 86203. (Ord. 23-2249, Att. A (pan), 2023;
Ord. 21-2222, 8, 1 (part), 2021)
2.100.150 Enforcement.
Persons or entities that violate this chapter may be
subject to penalties as set forth in CMC 1.10.150 and
1.12.010. (Ord. 23-2249, Att. A (part), 2023; Ord.
21-2222, § 1 (part), 2021)
r
2023 S-92
81 Regulation of Lobbying Activities 2.100.160
2.100.160 Injunction.
The City Attorney may seek injunctive relief in the
courts to enjoin violations of or to compel compliance with
the provisions of this chapter. (Ord. 23-2249, Att. A (part),
2023; Ord. 21-2222, 811 (part), 2021)
2.100.170 Exemptions.
Any Person who in good faith and on reasonable
grounds believes that he or she is not required to comply
with the provisions of CMC 2. 100.040 by reason of his or
her being excluded under CMC 2.100.031 shall not be
deemed to have violated the provisions of this chapter if,
within fifteen (15) days after notice from the City, he or she
either complies or furnishes satisfactory evidence to the City
that he or she is exempt from registration. (Ord. 23-2249,
Att. A (part), 2023; Ord. 21-2222, § 1 (part), 2021)
2023 S-92
Cupertino - Administration and Personnel 82
2023 S-92
9.18.010
CHAFI'ER 9.18: STORMWATER POLLUTION PREVENTION AND WATERSHED PROTECTIOx*
Section
9.18.010
9. 18.015
9.18.020
9.18.030
9.18.040
9.18.060
9.18.070
9.18.080
9. 18.090
9. 18. 100
9.18.110
9.18.115
Purpose of chapter.
Administration.
Definitions.
Limitations on point of discharge.
Discharge into the storm drain system
prohibited.
Protection of storm drain from accidental
discharge.
Accidental discharge-Notification of
discharge.
Permitted discharges pursuant to industrial
and construction stormwater NPDES
general permits.
Stormwater pollution prevention plan
(SWPPP).
Permanent stormwater measures required
for regulated projects.
Reserved.
Trash load reductions to storm drain
system,
9.18.120 Stormwatermanagementplanrequiredfor
regulated projects.
9.18.130 Lowimpactdevelopment(LID)
requuaements.
9.18.140 Reserved.
9.18.150 Stormwatertreatmentmeasureoperation
and maintenance responsibility.
9.18.160 Agreementtomaintainstormwater
treatment systems and best management
practices.
9.18.170 StormwatertreatmentsystemsandBMP
inspection and verification responsibility.
9. 18. 180 Records of maintenance and inspection
activities and submission of revised
stormwater management plan.
9.18.190 Failuretomaintain.
9.18.195 InspectionsbyCity.
9. 18.200 Inspection and maintenance easement.
9. 18.210 Stormwater pollutant source controls and
BMPs.
9. 18.215 Litter prevention and enforcement.
9. 18.220 Violation.
9. 18.230 Civil penalty for violation-Payment of
funds to account.
9. 18.240 Civil penalty for illicit
discharges-Payment of funds to account.
9. 18.250 Notice of violation.
9. 18.260 Administrative penalties-Payment of
funds to account.
9.18.270 Severability.
* Prior ordinance history: Ord. 1571.
9.18.010 Purpose of Chapter.
The U.S. Environmental Protection Agency has
identified urban stormwater ninoff as the leading cause of
water pollution in the United States. Section 402(p) of the
federal Clean Water Act, as amended by the Water Quality
Act of 1987, requires National Pollution Discharge
Elimination System (NPDES) permits for stormwater
discharges from municipal separate storm sewer systems
(MS4s), stormwater discharges associated with industrial
activity (including construction activities), and designated
stormwater discharges, which are considered significant
contributors of pollutants to waters of the United States. As
a result, the California Regional Water Quality Control
Board, San Francisco Bay Region has issued a Municipal
Regional Stormwater Discharge NPDES permit to the City
of Cupertino and to seventy-six other agencies and entities
that discharge stormwater runoff to San Francisco Bay.
(https://www.waterboards.ca. gov/sanfranciscobay/board
decisions/adoptedorders/2022/R2-2022-OOl8.pdf)
This Municipal Regional Stormwater NPDES Permit
requires that the City of Cupertino implement a Stormwater
Management Program to prevent exceedances of water
quality objectives and ensure that discharges do not cause,
threaten to cause, or contribute to water quality impairment
of waters of the State, specifically local waterways and San
Francisco Bay.
The purpose of this chapter is to provide regulations
and give legal effect to certain requirements of the
Municipal Regional Permit (MRP) initially issued to the City
of Cupertino on October 14, 2009 (Effective December 1,
2009) and any subsequent amendments thereto, and to
ensure ongoing compliance with the most recent version of
35
2023 S-92
9.18.010 Cupertino - Health and Sanitation 36
the City of Cupertino's NPDES permit regarding municipal
stormwater and urban runoff requirements. This chapter
shall apply to all water entering the storm drain system
generated on any private, public, developed and
undeveloped lands lying widiin the City. This chapter shall
be construed to assure consistency with the requirements of
the Clean Water Act and Porter-Cologne Act and any
applicableimplementingregulations, astheyexistatthetime
of enactment or as later amended. The MRP, as amended
from time to time, is incorporated by reference into this
chapter. The City Clerk shall update the linkprovided in this
chapter as necessary to incorporate any amendments to the
MRP. Any act or omission that causes or contributes to a
violation of any condition of the MRP is a violation of the
Municipal Code and is subject to the enforcementprovisions
of this Chapter.
Enactment of this chapter falls within the goals stated
in the City's General Plan, sections 5-32 through 5-37
(Urban Runoff Pollution) and the scope of the City of
Cupertino police powers to protect the health, safety, and
welfare of its residents. Nothing in this chapter is intended
to preclude more stringent federal or state regulation of any
activity covered by this chapter. (Ord. 23-2248, Att. A
(part), 2023; Ord. 2088, § 1 (part), 2012; Ord. 1982, F§ 1
(part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § I
(part), 2003; Ord. 1598, tj 1 (part), 1992)
9.18.015 Administration.
This chapter shall be administered by the Director of
Public Works. Any powers granted to or duties imposed
upon this individual to administer, implement and enforce
the provisions of this chapter may be delegated to other City
personnel. (Ord. 23-2248, Att. A (par), 2023; Ord. 2088,
8, 1 (part), 2012)
9.18.020 Definitions.
For the purposes of this chapter, the following words
and phrases shall have the meanings ascribed to them by this
section, unless the context or the provision clearly requires
otherwise. Words and phrases not defined in this chapter
shall have the definitions set forth in the Municipal Regional
Permit or by the regulations implementing the National
Pollutant Discharge Elimination System, Clean Water Act
Section 402, and Division 7 of the California Water Code,
as they currently exist or may be amended.
1. "Applicant. " Any person, firm, or governmental
agency who executes the necessary forms to procure official
approval of a project or a permit to carry out construction of
a project.
2. "Applicable site. " Any site that could reasonably
b e considered to cause or contribute to pollution of
stormwater runoff. This definition includes but it not limited
to ponutant sources associated with outdoor process and
manufacturing areas, outdoor material storage areas,
outdoor waste storage and disposal areas, outdoor vehicle
and equipment storage and maintenance areas, outdoor
parking areas and access roads, outdoor wash areas, outdoor
drainage from indoor areas, rooftop equipment,
contaminated and erodible surface areas, and other sources
determined to have a reasonable potential to contribute to
pollution of stormwater runoff.
3. "Authorized enforcement official. " The Director
of Public Works or the Director's designees.
4. "Best management practice." ("BMP") A
stnictural device, measure, facility, or activity that helps to
achieve stormwater management control objectives at a
Regulated Project or applicable site. BMPs include, but are
not limited to the following: secondary containment for
storage receptacles; rock entrances at construction site exits;
timers on sprinklers and berms and filter fabrics protecting
storm drain inlets. "Maintenance of a best management
practice or stormwater treatment system. " Periodic action
taken to maintain the as-designed performance of best
management practice or stormwater treatment system, and
includes, but is not limited to, repairs as necessary and
replacement of tbe best Jua-iiageui-ent practice cr stormwater
treatment system by an equally effective or more effective
best management practice or stormwater treatment system.
5. "CASQA. " California Stormwater Quality
Association.
6. "CASQAStormwaterBestManagementPractice
Handbook. " The four-volume set ofhandbooks for New and
Redevelopment, Construction, Industrial and Commercial,
and Municipal operations produced by CASQA and
available at www.casqa.org.
7. "City." All the tenitory lying within the
municipal boundaries of the City of Cupertino, as presently
existing, plus all territory which may be added thereto
during the effective term of the ordinance codified in this
chapter.
8. "Conditionany Exempt Discharge. A
categorization of non-stormwater discharges based on
potential for pollutant content that may be discharged upon
adequate assurance that the discharge contains no pollutants
of concern at concentrations that will impact beneficial uses
or cause exceedances of water quality standards.
9. "Construction. " Constructing, clearing, grading,
or excavation that results in soil disturbance. Construction
also includes structure demolition. Construction does not
include routine maintenance to maintain original line and
grade, hydraulic capacity, or original purpose of a facility,
nor does it include emergency constniction activities
required to immediately protect public health and safety,
interior remodeling with no outside exposure of construction
material or construction waste to stormwater or mechanical
permit work.
2023 S-92
37 Stormwater Pollution Prevention and Watershed Protection 9.18.020
10. "Cooling system." The pipes, heat exchangers
and other appurtenances used to convey cooling water in
cooling towers, direct contact cooling systems and similar
fixed cooling systems. Multiple units of a cooling water
system serving a building or piece of equipment are
considered as one system if the cooling water distribution
system units are physically connected.
11. "Detention." The temporary storage of storm
ninoff in a manner that controls peak discharge rates and
provides some gravity settling of pollutants.
12. "Development. " Construction, rehabilitation,
redevelopment, or reconstruction of any public or private
residential project (wliether single-family, multi-unit, or
planned unit development); or industrial, commercial, retail
or other nonresidential project, including public agency
projects.
13. "Director of Public Works." The Director of
Public Works and his or her duly authorized agents and
representatives.
14. "Discharge. " When used as a verb, means to
allow pollutants to directly or indirectly enter stormwater,
or to allow stormwater or non-stormwater to directly or
indirectly enter the storm drain system from an activity or
operation. When used as a noun, "discharge" means the
pollutants, stormwater or non-stormwater that are
discharged.
15. "Discharger. " Any person or entity engaged in
activities or operations or owning facilities, which will or
may result in pollutants entering stormwater or the storm
drain system. Discharger also means the owners of real
property on which such activities, operations or facilities are
located; provided, however, that a local government or
public authority is not a discharger as to activities conducted
by others in public rights-of-way.
16. "Easement. " A grant or reservation by the owner
of land for the use of such land by others for a specific
purpose or purposes, and which must be included in the
conveyance of land affected by such easement.
17. "Enforcement Notice. " A notice provided to the
responsible party and/or property owner to warn of
impending or current enforcement actions imposed by the
City for violations or threatened violations of the Municipal
NPDES Stormwater Discharge permit or other provisions of
this chapter. Enforcement notices include but are not limited
to a notice of violation (NOV), a pre-citation warning
notice, a pre-citation letter, or an administrative citation
fine.
18. "Enforcement Response Plan." A plan
established, maintained and revised as necessary by the
Director of Public Works which contains guidelines and
criteria for implementing consistent and escalating
enforcement for repeated violations of the same type from
the same source.
19. "Engineer-of-Record."TheCaliforniaRegistered
Professional Engineer who designs the stormwater treatment
measures and develops the Stormwater Management Plan
for a Regulated Project, as required by the Municipal
Regional Permit.
20. "Existing conditions." Refers to the conditions
that exist on a site before the commencement of a land
development project and at the time the City of Cupeo
approves plans for the land development of a site. Where
phased development or plan approval occurs (preliminaiy
grading, roads and utilities, etc.), the existing conditions are
considered those at the time before the first item being
approved or permitted.
21. "Food service facility." Any nomesidential
establishment that uses or generates grease when preparing
food.
22. "Full trash capture" or a "full capture system or
device. " Any single device or series of devices that traps all
particles retained by a 5 mm mesh screen and has a design
treatment capacity of not less than the peak flow rate Q
resulting from a one-year, one-hour storm in the
sub-drainage area and as approved by the San Francisco Bay
Regional Water Quality Control Board, Region 2.
23. "General permit." An NPDES permit issued
under Code of Federal Regulations Section 122.28 (40 CFR
122.28) authorizing a category of discharges under the
Clean Water Act within a geographical area.
24. "Grease." Includes fats, oils, waxes, or other
related constituents. Grease may be of vegetable or animal
origin, including butter, lard, margarine, vegetable fats and
oils, and fats in meats, cereals, seeds, nuts and certain
fruits. Grease may also be of mineral origin, including
kerosene, lubricating oil, and road oil.
25. "Grease removal device. " An interceptor, trap or
other mechanical device designed, constructed and intended
to remove, hold or otherwise prevent the passage of grease
to the sanitary sewer.
26. "Hazardous material." Any material, 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
environmentwhenimproperlytreated, stored, transportedor
disposed of, or otherwise mismanaged.
27. "Hydromodification." Changestothestormwater
runoff characteristics of a watershed caused by changes in
land use. Hydromodification can increase the velocity,
volume, and duration of storm water runoff and intensify
sediment transport. These changes increase the erosion
potential of the receiving watercourse. Problems resulting
from hydromodification include channel scouring, bank
undercutting, and channel widening and deepening, all of
which adversely impact downstream habitats.
2023 S-92
9.18.020 Cupertino - Health and Sanitation 38
28. "Hydromodification management" ("HM"). The
requirements for Regulated Projects that create or replace
one acre or more of impervious surface per Provision
C.3.g. and Attaclunent F for the Santa Clara County
permittees, as adopted in the MunicipaI RegionaI Permit.
The HM is designed to manage increases in the magnitude,
volume and duration of runoff from new development and
significant redevelopment projects in order to protect
streams from increased potential for erosion or other
adverse impacts.
29. "Illegal coru'iection." The connection of an
unauthorized discharge conduit to a storm sewer or
watercourse through or by which an illicit discharge may be
discharged.
30. "Illicitdischarge."Anydischargetoastormdrain
system that is not composed entirely of stormwater except
discharges pursuant to an NPDES permit, including
categorically allowed discharges and conditionally exempted
discharges noted in Provision C.15 of the Municipal
Regional Permit.
31. "Impervioussurface."Asurfacecomposedofany
materiaI that significantly impedes or prevents tne natural
infiltration of water into soil. Impervious surfaces include,
but are not limited to, rooftops, buildings, streets and roads,
and concrete or asphalt surfaces.
32. "Impervious surface area." The ground area
covered or sheltered by an impervious surface, measured as
if from directly above.
33. "Infiltration." The process of percolating
stormwater or non-stormwater into the subsoil.
34. "Irrigation or landscape irrigation. " The artificial
application of water to the land, landscaping or soil, used to
assist in establishing vegetation, maintenance of landscape
(e.g. watering of lawn), growing of agricultural crops and
revegetation of disturbed soils in dry areas and during
periods of inadequate rainfall.
35. "Land disturbance activity." Any activity that
moves soils or substantially alters the pre-existing vegetated
or man-made cover of any land including, but not limited to,
grading, digging, cutting scraping, stockpiling or excavating
of soil; placement of fill materials; paving, pavement
removal, exterior construction; substantial removal of
vegetation where soils are disturbed including, but not
limited to, removal by clearing or grubbing or any activity
which bares soil or rock or involves streatnbed alterations or
diversion or piping of any watercourse. Land disturbance
activity does not include routine maintenance to maintain
original line and grade, hydraulic capacity, or the original
purpose of the facility, nor does it include emergency
consti'uction activities required to protect public health and
safety.
36. "Land owner" or "Property Owner. " The holder
of legal title to the land, and other persons or entities who
exercise control over a Iand development project pursuant to
rights granted in a purchase agreement, joint venture
agreement, development agreement, or long-term lease.
37. "Landscape." As it is used in this chapter,
landscape may be, but is not limited to, garden areas, lawn,
turf, trees, hedges, vegetated areas, planting areas, rain
gardens, native vegetation, existing wildland, and open
spaces with peimeable ground.
38. "Litter. " As used in this chapter, litter may be,
but is not limited to, plastic, paper, cigarette butts, floor
sweepings, trash, rubbish, food, cloth, metal, recyclable
material, or waste matter of whatever character.
39. "Low Impact Development" ("LID"). An
approach to new and redevelopment designs to reduce runoff
and mimic a site's predevelopmenthydrology by minimizing
disturbed areas and impervious cover, and promoting
int-iltration, storage, detainment, evapotranspiration, and/or
the harvesting of stormwater runoff close to its source. LID
techniques include both source control and site design
measures and employ principles such as preserving and
recreating natural landscape features and minimizing
imperviousness. LID stormwater control measures include,
but are not limited to, rain bai-iels, cisterris, greeri reefs,
permeable pavement, and preserving undeveloped open
space. LID principles treat stormwater as a resource, rather
than a waste product that must be removed from the site.
40. "Maximum extent practicable. " A standard for
implementation of stormwater management programs to
reduce pollutants in stormwater to the maximum extent
possible, taking into account equitable considerations and
competing facts including, but not limited to the seriousness
of the problem, public health risks, environmental benefits,
pollutantremoval effectiveness, regulatory compliance, cost
and technical feasibility.
41. "Micro-detention." A series of multiple smatl
stormwater detention areas that absorb or detain some or all
of the stormwater runoff in a development site, by
temporarily storing stormwater near where it falls as
precipitation. Micro-detention is one of several Best
Management Practices that can be used to treat or infiltrate
stormwater or collect it for reuse at a development site and
can include common landscaping features such as small
garden areas, tree grates, perimeter hedges, and
bio-retention areas such as rain gardens; it may also include
non-vegetated areas such as sub-surface storage areas with
regulated out-flow.
42. "Mobile Businesses. Service providing
businesses that operate by traveling to customers or
customer's sites, rather than operating from a permanently
fixed facility. Examples of mobile businesses with a
potential to discharge non-stormwater discharges are, but
arenotlimitedto, automobilewashing, vehicleoilchanging,
power washing, steam cleaning, and carpet cleaning.
2023 S-92
38A Stormwater Pollution Prevention and Watershed Protection 9.18.020
43. "Municipal National Pollutant Discharge
Elimination System (NPDES) Permit." The Municipal
Regional Stormwater National Pollution Discharge
Elimination System permit issued to the City of Cupertino
by the Regiorial Water Quality Control Board, San
Francisco Bay Region, also termed the Municipal Regional
Permit (MRP).
44. "New development. " Constniction, rehabilitation,
redevelopment, or reconstruction of any public or private
residential project (whether single-family, multi-unit, or
planned unit development); or industrial, commercial, retail
or other nonresidential project, including public agency
prolectS.
45. "Non-stormwater. Any discharge that is not
composed entirely of stormwater.
46. "Notice of Violation" ("NOV"). An official
written notice of noncompliance, issued to a discharger from
the Director of Public Works, which provides notification
that a violation of this chapter has occurred, consistent with
an Enforcement Response Plan written in accordance with
permrt reqturements.
47. "NPDES."AsauthorizedbytheCleanWaterAct
(CWA), the National Pollutant Discharge Elimination
System (NPDES) Permit Program which controls water
pollution by regulating sources that discharge pollutants into
waters of the United States. The State Water Board
establishes policies and regulations that help protect and
restore the water quality in California, coordinates with and
supports Regional Water Board efforts, and reviews
Regional Water Board actions. The Regional Water Boards
monitor and enforce the plans, policies, and regulations and
issue the vast majority of NPDES permits, typically for a
five-year term.
48. "Stormwater Management Facilities Operation,
Maintenance and Easement Agreement. "A written
agreement providing for the long-term operation and
maintenance of stormwater treatment measures at a site or
with respect to a land development project, which when
recorded in the deed records constitutes a restriction on the
title to a site or other land involved in a land development
project.
49. "Owner. " The legal or beneficial owner of a site,
including but not limited to, a mortgagee or vendee in
possession, receiver, executor, tnistee, lessee or other
person, firm or corporation in control of the site.
50. "Permeable or Pervious surfaces. " Surfaces such
as pervious concrete, porous asphalt, unit pavers, and/or
granular materials that allow water to infiltrate into
subsurface soil.
51. "Permit." The permit issued by the City of
Cupertino to the applicant required for undertaking any land
development activity.
52. "Person." Any person, firm, association,
organization, pamership, business tnist, joint venture,
corporation or company, and includes the United States, the
State of California, the County of Santa Clara, special
purpose districts and any officer or agency thereof.
53. "Pollutant of Concern." As described in the
Municipal Regional Permit, pollutants of concern are, but
are not limited to, sewage, industrial wastes, heavy metals,
sediments from active or inactive construction sites, vehicle
fluids, chlorine and chlorine compounds (including pool and
spa water), synthetic organics (pesticides, herbicides, and
PCBs), paints, solvents, trash, litter, cardboard, debris,
rubbish, refuse, bark, sawdust, or other solid wastes.
54. "Redevelopment. " Land-disffirbing activity that
results in the creation, addition, or replacement of exterior
impervious surface area on a site on which some past
development has occurred.
55. "Regional project." A regional or municipal
project with sufficient capacity or credit to protect or
enhance water quality and/or beneficial uses in a manner
equivalent to or greater than the stormwater benefits that
would have been provided from the installation of the
required treatment measures at the subject project site. A
regional project must discharge to or address the same
receiving waters as the subject project site and must meet
other Municipal Regional Permit conditions, such as
requirements for the project completion date.
56. "Regulated Project." Any project fitting a
category description listed in Provision C.3.b. of the
Municipal Regional Permit.
57. "Riparian areas." An ecosystem that is the
interface between dry land and a water body such as a
creek, stream, river, lake, or marsh. Vegetation in riparian
areas is characterized by a predominance of hydrophilic
plants.
58. "Runoff. " The water from rain or irrigation that
flows over the land surface and is not absorbed into the
ground, instead flowing into streams or other surface waters
or land depressions.
59. "Runon. " Water entering a specific location from
elsewhere on or off a site.
60. "Sanitary sewage or sewage." Water-carried
wastes from residences, business property, institutions and
industrial property excluding ground water, surface water,
and storm waters.
61. "Santa Clara Valley Urban Runoff Pollution
Prevention Program." ("SCVURPPP") The Santa Clara
Valley Urban Runoff Pollution Prevention Program is an
association of thirteen cities and towns in the Santa Clara
Valley, together with Santa Clara County and the Santa
Clara Valley Water District. Program participants, refened
to as Co-permittees, share a common Municipal Regional
Permit to discharge stormwater to South San Francisco Bay.
62. "Secondary containment." The level of
containment external to and separate from the primary
containment, designed as the first level of protection against
accidental discharges or oyerflows from the primary
contau'iment.
2023 S-92
9.18.020 Cupertino - Health and Sanitation 38B
63. "Sewer system or sanitary sewer system." All
sewers and other facffities for carrying, collecting, treating,
and disposing of sanitary sewage.
64. "Site." Any tract, lot or parcel of land or
combination of tracts, lots, or parcels of land, which are in
one ownership, or are contiguous and in diverse ownership
where a development is to be performed as part of a unit,
subdivision, or project.
65. "Site design measures. " Techniques designed to
reduce the amount of runoff by decreasing the amount of
impervious surface, infiltrating runoff into the soil and/or
temporary detention. Examples of site design measures
include directing ninoff to landscaped areas, limiting the
amount of impervious surface, and using permeable
pavement.
66. "Source control measure." Any schedule of
activities, prohibitions ofpractices, maintenanceprocedures,
managerial practices or operational practices that aim to
prevent stormwater pollution by reducing the potential for
contaminationatthesourceofpollution. Structuralmeasures
or nonstructural practices used to eliminate contact between
rainfa)I and potential source of comamination. Examp-les
include covered materials handling and vehicle washing
areas, parking lot sweeping, and sewer clean-outs installed
adjacent to new swimming pools.
67. "Stormdrainsystem."Theconveyanceorsystem
of conveyances, including roads with drainage systems,
municipaI streets, catch basins, curbs, gutters, ditches,
manmade channels, or storm drains owned or operated by
the City and used for the purpose of collecting, storing,
transporting, or disposing of runoff.
68. "Stormwater." Surface runoff and drainage
associated with sorm events.
69. "Stormwaterdischarge."Anydischargefromland
that results or probably will result in a discharge into
watercourses. The discharges represent a process whereby
pollutants, debris and chemicals generated from various land
uses accumulate on streets, construction sites, parking lots
and other exposed surfaces and are washed off and carried
away by stormwater runoff into watercourses. The major
pollutants of concern in these discharges are heavy metals,
sediments, petroleum hydrocarbons organochlorine,
pesticides and toxics.
70. "Stormwater Management Plan." A document
describing how existing runoff characteristics will be
affected by a land development project and containing
measures for preventing increased flood damage,
streambank channel erosion and habitat and water quality
degradation, while enbancing and promoting public health,
safety and general welfare, in compliance with the
provisions of this chapter.
71. "Stormwater Pollution Prevention Plan."
("SWPPP") A document identifying potential stormwater
pollutant sources at a constniction or industrial site, the best
management practices to be used to reduce these pollutants
during and after construction and a description of required
BMP monitoring.
72. "Stormwater Treatment" or "Stormwater
Treatment Measure. " A constnicted treatment system, or
nonstnictural practice designed to temporarily retain,
infiltrate or otherwise store and/or treat stormwater ninoff
in order to remove pollutants, mitigate flooding, protect
habitat, and provide other amenities. Stormwater treatment
measures include site design, source control, low impact
development control measures and hydromodification
management controls. Such processes include, but are not
limited to filtration, gravity settling, media absorption,
biodegradation, biological uptake, chemical oxidation and
ultraviolet (UV) radiation.
73. "Threatened Discharge. " A condition creating a
reasonable probability that a discharge would contact or
would eventually be transported to the storm drain system,
gutters or surface waters, including flood plain areas.
74. "Unponuted water." Water to which no
constituenthasbeenadded, eitherintentionally, accidentally,
or through ercsiori, that wculd rerider the viater
unacceptable for disposal to storm or natural drainages or
directly to surface waters.
75. "Vehicle fluid. " A liquid used in or drained from
a motor vehicle. Vehicle fluids include, but are not limited
to, gasoline, diesel fuel, motor oil, brake fluid, radiator
fluid, hydraulic fluid, transmission fluid, windshield wiper
fluid, and coolant.
76. "Vehicle service facility." A commercial or
industrial facility that conducts one or more of the following
operations with respect to vehicles or components of
vehicles: vehicle repair, fuel dispensing, vehicle fluid
replacement, engine andparts cleaning, body repair, vehicle
salvaging and wrecking, or vehicle washing.
77. "Waste. " Sewage and soil from erosion and any
and all other waste substances, Iiquid, solid, gaseous or
radioactive, associated with human habitation, or of human
or animal origin, or from any producing, manufacturing or
processing operation of whatever nature, including waste
placed within containers of whatever nature prior to, and for
purposes of, disposal.
78. "Watercourse. " Any natural or artificial stream,
river, creek, ditch, channel, canal, conduit, culvert, drain,
waterway, gully, ravine or wash, in and including any
adjacent area that is subject to inundation from overflow or
flood water.
79. "Water quality impact. " Any deleterious effect on
waters or wetlands, including their quality, quantity, surface
area, species composition, aesthetics or usefulness for
human or natural uses that are or may potentially be harmful
or injurious to human health, welfare, safety or property, to
biological productivity, diversity, or stability or which
unreasonably interfere with the enjoyment of life or
property, including outdoor recreation.
2023 S-92
38C Stormwater Pollution Prevention and Watershed Protection 9,18.020
80. "Water Waste. Outdoor water intended for
landscape irrigation or other beneficial uses, which due to
overwatering, overspray, broken equipment, or any other
inefficiency or malfiu'iction, flows to adjacent impervious
surfaces (walks, roadways, parking lots or other structures
that prohibit ground infiltration) and is wasted as runoff.
81. "Wet Waste Business. " A business that produces
food, organicand/orliquidwastes (collectively "wetwaste")
which, if left out in the open as opposed to in a secured
container, could create a public nuisance as well as a
stormwater violation, is a wet waste business. Such
businesses include, but are not limited to restaurants,
grocery stores, produce markets and florists. (Ord.
23-2248, Att. A (part), 2023; Ord. 13-2103, S, 1, 2013;
Ord. 2088, F§ 1 (part), 2012; Ord. 1982, F§ l (part), 2006;
Ord. 1967, 8, 1 (part), 2005; Ord. 1922, § I (part), 2003;
Ord. 1598, § I (part), 1992)
9.18.030 Limitations on Point of Discharge.
No person shall discharge any substance directly into
a manhole or other opening in a City storm drain other than
through a city approved storm drain connection. (Ord.
23-2248, Att. A (part), 2023; Ord. 2088, § l (part), 2012;
Ord. 1982, § I (part), 2006; Ord. 1967, t5 1 (part), 2005;
Ord. 1922, 8, 1 (part), 2003; Ord. 1598, § I (part), 1992)
9.18.040 Discharge into the Storm Drain System
Prohibited.
A. It is unlawful to cause, allow, or permit to be
discharged to any public or private lands, any discharge not
composed entirely of stormwater to the storm drain system
or to surface waters or to any location where it would
contact or eventually be transported to surface waters,
including flood plain areas, unless specifically called out in
the Municipal Regional Permit as an exempt or conditionally
exempt discharge.
B. It is unlawful to cause or allow discharges to any
public or private lands including, but not limited to pool
water, carwash water, ongoing and large-volume landscape
irrigation water, sediment, stockpiled material, rubbish,
refuse, bark, sawdust, solid wastes or hazardous materials
to be deposited in such a manner or location as to constitute
a threatened discharge to the storm drain system.
C. It is unlawful to throw, deposit, leave, abandon,
maintain or keep materials or wastes on public or private
lands in a manner and place where they may result in a
"threatened discharge" or an illicit discharge.
D. Allowable discharges to the storm drain system
shall not cause any impairment in the beneficial uses or
quality of water of the state as defined in the California
Water Code or any special requirements of the Regional
Water Quality Control Board, San Francisco Bay Region or
to injure or interfere with the operation of the State's
watercourses. City may, from time to time, by resolution of
the City Council adopt supplementaiy policies, niles and
regulations on discharge into any storm drain or watercourse
which shall have the same force and effect as if set forth
herein and for which the remedies herein for violation shall
be applicable.
E. Separately Permitted Discharges regulated under
a valid facility-specific NPDES permit or facility-specific
Regional Water Quality Control Board waste discharge
requirements permit, not including a state general permit,
shall be regulated exclusively by the Regional Water Quality
Control Board and are exempt from discharge prohibitions
established by this chapter, provided compliance with all
relevant permit conditions is maintained to the satisfaction
of the Board. Stormwater discharges at a facility with a
facility specific permit which only addresses process
discharges or non-stormwater discharges are not exempted.
F. Categorically Allowed Discharges. The following
unpolluted discharges are exempt from prohibitions of
non-stormwater discharges:
(1) Flows from riparian habitats or wetlands;
(2) Diverted stream flows;
(3) Flows from natural springs;
(4) Rising ground waters;
(5) Uncontaminated and unpolluted groundwater
infiltration;
(6) Single family homes' pumped ground water;
foundation drains, and water from crawl space pumps and
footing drains;
(7) Pumped groundwater from drinking water
aquifers; and
(8) NPDES permitted discharges (individual or
general permits).
G. Conditionally Exempted Discharges. The
discharges identified in the Municipal Regional Permit
(ProvisionC.l5.b, ConditionallyExemptedNon-Stormwater
Discharges) are conditionally exempt from the discharge
prohibitions established by tis chapter if dischargers
develop and implement appropriate control measures to
eliminate adverse impacts of such sources in accordance
with the tasks and implementation levels of each category of
Provision C. 15.b.i-vi.
H. Exemptions Not Absolute. Any discharge
category (exempt or conditionally exempt) that is a
significant source of pollutant to waters of the United States
shall be prohibited from entering the storm drain system, or
shall be subjected to a requirement to implement additional
best management practices to reduce pollutants in the
discharge to the maximum extent practicable. Such
prohibitions shall be effective on a schedule specified by an
authorized enforcement official in a written notice to the
discharger. The schedule may take into account the nature
and severity of any effects caused by the discharge; and the
time required to design, engineer, fund, procure, construct
and make appropriate best management practices
operational.
2023 S-92
9.18.040 Cupertino - Health and Sanitation 38D
I. Non-Stormwater Discharge. This prohibition shall
not apply to any non-stormwater discharge permitted under
an NPDES permit, waiver, or waste discharge order issued
to the discharger and administered by the state of California
under the authority of the Federal Environmental Protection
Agency, provided that the discharger is in full compliance
with all requirements of the permit, waiver, or order and
other applicable laws and regulations. The authorized
enforcement official may exempt in writing other
non-stormwater discharges which are not a source of
pollutants to the storm drain system upon approval by the
Executive Officer of the San Francisco Bay Regional Water
Quality Control Board. (Ord. 23-2248, Att. A (part), 2023;
Ord. 2088, § 1 (part), 2012; Ord. 1982, e) 1 (part), 2006;
Ord. 1967, F4 1 (part), 2005; Ord. 1922, 8, 1 (part), 2003;
Ord. 1598, § 1 (part), 1992)
9.I8.060 Protection of Storm Drain from Accidental
Discharge.
Each person shall provide protection from accidental
discharge of non-stormwater into any storm drain or
watercourse. Measures to prevent accidental discharge of
prohibited materials shall be provided and maintained at the
user's or property owner's expense. (Ord. 23-2248, Att. A
(part), 2023; Ord. 2088, 8) 1 (part), 2012; Ord. 1982, 8, I
(part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, Fil 1
(part), 2003; Ord. 1598, § 1 (part), 1992)
9.18.070 Accidental Discharge-Notification of
Discharge.
All persons shall notify the Director of Public Works,
or their designee immediately upon accidentally discharging
pollutants of concern to enable countermeasures to be taken
by the City to minimize damage to storm drains and the
receiving waters. Initial notification shall be followed,
within five (5) business days of the date of occurrence, by
a detailed written statement describing the causes of the
accidental discharge and the measures being taken to prevent
futureoccurrences. Suchnotificationwillnotrelievepersons
of liability for violations of this chapter or for any fines
imposed on the City on account thereof under Section 13350
of the California Water Code, or for violation of Section
5650 of the California Fish and Wildlife Code, or any other
applicable provisions of State or Federal laws. (Ord.
23-2248, Att. A (part), 2023; Ord. 2088, § 1 (part), 2012;
Ord. 1982, § 1 (part), 2006; Ord. I967, § I (part), 2005;
Ord. 1922, § 1 (part), 2003; Ord. 1598, § l (pan), 1992)
9.18.080 Permitted Discharges Pursuant to Industrial
and Construction Stormwater NPDES General
Permits.
A. The provisions of this chapter shall not prohibit
any discharge with a valid NPDES permit issued to the
discharger, provided compliance with all relevant permit
conditions is maintained to the satisfaction of the Regional
Water Quality Control Board.
B. Any person subject to a State Industrial or
Construction Stormwater NPDES General permit shall
comply with all provisions of such permit. Proof of
compliance shall be required in a form acceptable to the
authorized enforcement official prior to, or as a condition
of, the approval of a subdivision map, site plan, building
permit, developmentpermit, gradingpermitorimprovement
plan, upon inspection of the facility and/or during any
enforcement action. (Ord. 23-2248, Att. A (part), 2023;
Ord. 2088, § 1 (part), 2012; Ord. 1982, § 1 (part), 2006;
Ord. 1967, § I (part), 2005; Ord. 1922, § I (part), 2003;
Ord. 1598, § 1 (par), 1992)
9.18.090 Stormwater Pollution Prevention Plan
(SWPPP).
A stormwater pollutionprevention plan (SWPPP) shall
be prepared and made available at any construction project
that is subject to the State Construction Stormwater NPDES
General permit. The SWPPP shall be written by a Qualified
SWPPP Developer, as defined in tne currerit State NPDES
Stormwater Construction General permit. At minimum, the
SWPPP shall address the following six BMP categories to
implement year-round, seasonally appropriate control
measures: (l)erosioncontrol, (2)run-onandrunoffcontrol,
(3) sediment control, (4) active treatment systems, (5) good
site management, and (6) non-stormwater management.
(Ord. 23-2248, Att. A (part), 2023; Ord. 2088, § 1 (part),
2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § I (part),
2005; Ord. 1922, § 1 (part), 2003)
9.18.100 Permanent Stormwater Measures Required
for Regulated Projects.
A. All Regulated Projects as described in Provision
C.3.b of the City 's Municipal Regional Stormwater NPDES
Permit shall design and incorporate treatment measures to
minimize both soluble and insoluble stormwater runoff
pollution and to prevent increases in runoff flows for the life
of the project. Projects incorporating these permanent
stormwater treatment measures shall utilize guidance and
standards from the current SCVURPPP C.3. Stormwater
Handbook.Permanenttreatmentmeasures shallbedesigned
according to the numeric sizing criteria in Provision C.3.d
of the City's Municipal Regional Stormwater NPDES
Permit. Hydromodification Management (HM), if
applicable, shall be designed according to Provision C.3.g
of the City's Municipal Regional Stormwater NPDES
Permit. Regulated projects are subject to the City's review
and approval, and shall meet all requirements in Provision
C.3. of the City's Municipal Regional Stormwater NPDES
Permit. The Owner(s) of Regulated Projects are responsible
for ongoing maintenance and compliance with applicable
MRP requirements.
i
2023 S-92
38E Stormwater Pollution Prevention and Watershed Protection 9.18.100
B. Site design measures for non-Regulated Projects.
All new development and redevelopment projects subject to
planning, building, development, or other comparable
reviews by the City, but not meeting the definition of a
Regulated Project, are required to use site design measures
per Provision C.3.i of the City's Municipal Regional
Stormwater NPDES Permit.
C. The Director of Public Works shall have the
authority to establish reasonable niles and regulations
consistent with provisions of this chapter for the purpose of
its administration and enforcement (Ord. 23-2248, Att. A
(part), 2023; Ord. 2088, § I (part), 2012; Ord. 1982, § 1
(part), 2006; Ord. 1967, tj I (part), 2005; Ord. 1922, § 1
(part), 2003)
9.18.110 Reserved.
9.18.115 Trash Load Reductions to Storm Drain
System.
A. All Regulated Projects and all building permitted
projects with apermit valuation exceeding $100,000 located
in Moderate, High, and/or Very High Trash Generation
Areas must install full trash capture devices or systems to
collect litter and debris from their project site, prior to
connecting to the City's storm drain system. This
requirement applies to projects on private lands already
connected to the City's storm drain system. This
requirement also applies to bioretention overflow drains.
Full trash capture devices and/or systems that have been
approved as meeting the standards set by the San Francisco
Bay Regional Water Quality Control Board will be deemed
as satisfactory for meeting this requirement. A list of
approved devices and their manufacturers can be obtained
from the State of California Water Quality Control Board
website.
B. Installed full capture trash devices must be
maintained by the property owner for the life of the project,
following the manufacturer's recommendations for
maintenance.
C. It is a violation of this chapter for property owner
to fail to properly operate and maintain any full capture
trash device installed on the owner's property. (Ord.
23-2248, Att. A (part), 2023; Ord. 2088, § 1 (pan), 2012)
9.18.120 Stormwater Management Plan Required for
Regulated Projects.
A. All Regulated Projects must be accompanied by
a Stormwater Management Plan and a completed City of
Cupertino Regulated Development Project Checklist, as
required by this chapter. The Stormwater Management Plan
shall detail how runoff and associated water quality impacts
resulting from the activity will be controlled or managed.
B. City Permit Requirements. Building, grading, and
encroachment pemiits for Regulated Projects shall not be
issued until the required Stormwater Management Plan has
been reviewed and approved by the Director of Public
Works.
C. Stormwater Management Plan Contents.
Stormwater Management Plans shall include sufficient
information to evaluate the environmental characteristics of
affected areas, the potential impacts of the proposed
development on water resources, and the effectiveness and
acceptability of control measures proposed for managing
stormwater ninoff. The minimum information submitted to
support a Stormwater Management Plan shall be in
accordance with the Municipal Regional Permit and the
current City of Cupertino Regulated Development Project
Checklist.
D. PreparationoftheStormwaterManagementPlan.
Stormwater Management Plans shall be prepared, stamped
and signed by a professional civil engineer registered in the
State of California. Depending on the specific project, the
Director of Public Works may allow a stormwater
management plan to be prepared by a Landscape Architect
licensed by the State of California.
E. Certification of Adherence to Numeric Sizing
Design Criteria. The developer shall provide a signed
certification from an approved third party reviewer selected
from the SCVURPPP List of Qualified Consultants for
Design, Review and/or Certification of Stormwater
Treatment Best Management Practices and
Hydromodification Flow Control Facilities, to determine
that the plan for proposed stormwater treatment measures,
including hydromodification management controls (if
applicable), meets the requirements of this chapter and
established numeric sizing criteria in the Municipal Regional
Permit. Any consultant hired to design and/or construct a
stormwater treatment system for a Regulated Project shall
not be the certifying person for the project.
F. As-Built Certification. Upon completion of
construction, the Engineer-of-Record for a Regulated
Project shall provide the City with a stamped and signed
certification that all constnicted stormwater treatment
measures have been installed according to the approved
plans and specifications.
G. RevisedStormwaterManagementP1anRequired.
The City may require the owner of a Regulated Project who
has previously received approval of a Stormwater
Management Plan, to prepare and submit a revised
Stormwater ManagementPlanfor approval if the stormwater
treatment measures are inadequate or are not being
adequately maintained; or if the facility or activity at issue
becomes a significant source of contarninants to the storm
drain system or damages a downstream watercourse despite
compliance with this chapter. Any owner required to submit
2023 S-92
9.18.120 Cupertino - Health and Sanitation 38F
and to obtain approval of a revised plan shall install,
implement and maintain the stormwater treatment measures
specified in the approved revised plan. (Ord. 23-2248, Att.
A (part), 2023; Ord. 2088, F§ 1 (part), 2012; Ord. 1982, F§ 1
(part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, S, 1
(part), 2003)
9.18.130 Low Impact Development (LID)
Requirements.
Regulated Projects shall comply with LID requirements
in the SCVURPPP C.3. Stormwater Handbook and shall be
designed according to the current Provision C.3.c. of the
City's Municipal Regional Stormwater NPDES Permit. The
Owner(s) of Regulated Projects are responsible for ongoing
maintenance and compliance with applicable MRP
requirements. (Ord. 23-2248, Att. A (part), 2023; Ord.
2088, § l (pan), 2012)
9.18.140 Reserved.
9.18.150 Stormwater Treatment Measure Operation
ana Maintenance Responsiooiiity.
A. For the life of the project, all on-site stormwater
treatment measures shall be operated, conducted, and
maintained in good condition and promptly repaired by the
property owner(s), anOwners' orHomeowners' Association
or other legal entity approved by the City.
B. Any repairs or restoration and maintenance shall
be in accordance with City-approved plans.
C. Thepropertyowner(s)ofRegulatedProjectsshall
develop a maintenance schedule for the life of any
stormwater control measures and shall describe the
maintenance to be completed, tl'ie time period for
completion, and the person who wffl perform the
maintenance. The stormwater treatment measures
maintenance schedules shall be included with the project's
approved Stormwater Management Plan. (Ord. 23-2248,
Att. A (part), 2023; Ord. 2088, § 1 (part), 2012; Ord. 1982,
§ 1 (part), 2006; Ord. 1967, f§ 1 (part), 2005; Ord. 1922,
§ 1 (part), 2003)
9.18,160 AgreementtoMaintainStormwaterTreatment
Systems and Best Management Practices.
A. Prior to the issuance of any building permit for a
Regulated Project, the owner(s) of the site shall enter into a
formal written Stormwater Management Facilities
Operation, Maintenance and Basement Agreement
(Agreement) with the City. The City shall record the
Agreement, againsttheproperty orproperties involved, with
the County of Santa Clara and it shall be binding on all
subsequent owners of land served by the stormwater
treatment systems and best management practices.
B. The Agreement shall require that the stormwater
treatment system(s) or HM Control (if any) BMPs not be
modified and that maintenance activities not alter the
designed function of the facility treatment system or HM
Control (if any) from its original design unless the Public
Works Director has provided written certification that the
requirements of this chapter have been satisfied prior to the
commencement of theproposed modification or maintenance
activity.
C. TheAgreementshallprovidethatintheeventthat
maintenance or repair is neglected, or the stormwater
treatment facility becomes a danger to public health or
safety, the City shall have the authority to perform
maintenance and/or repair work and to recover the costs
from the owner.
D. The Agreement shall provide access to the extent
allowable by law for representatives of City, the local vector
control district, and the Regional Water Quality Control
Board, strictly for the purposes of performing operation and
maintenance inspections of the installed stormwater
treatment systems and/or HM controls (if any).
E. Any propeity owner parff to an Agreeient shall,
upon transferring ownership of such property, provide the
new owner(s) with a current copy of this chapter, and shall
inform the new owners in writing of their obligation to
properly operate and maintain such facilities. (Ord.
23-2248, Att. A (part), 2023; Ord. 2088, Ffi 1 (part), 2012;
Ord. 1982, § 1 (part), 2006; Ord. 1967, 8, 1 (part), 2005;
Ord. 1922, § 1 (part), 2003)
9.18.170 Stormwater Treatment Systems andBMP
Inspection and Verification Responsibility.
A. The property owner(s) of Regulated Projects shall
be responsible for having all stormwater management
treatment systems and HM control (if any) inspected for
condition and function by a knowledgeable party. The
property owner shall agree in writing to properly maintain
any HM control, stormwater structural control, treatment
measure, and/or bestmanagementpractices according to the
approved plans for the project.
B. Unless otherwise required by the City, the
property owner's stormwater treatment system or HM
control (if any) inspections shall be done within 45 days of
the completed installation of any control or treatment
systems; and after that at least once per year in preparation
for the wet season. Upon City's request, tne aru'iual
inspection report shall be submitted to the City. The City
may also request inspections be per[omed and inspection
reports be prepared by a third-party consultant. Written
records shall be kept of all inspections and shall include, at
a minimum, information per Provision C.3.h of the City's
Municipal Regional Stormwater NPDES Permit. (Ord.
23-2248, Att. A (part), 2023; Ord. 2088, § 1 (part), 2012;
Ord. 1982, F§ 1 (part), 2006; Ord. 1967, !§ 1 (part), 2005;
Ord. 1922, F§ 1 (part), 2003)
l'.
2023 S-92
38G Stormwater Pollution Prevention and Watershed Protection 9.18.180
9.18.180 Records of Maintenance and Inspection
Activities and Submission of Revised
Stormwater Management Plan.
A. On or before June 30th of each year, the party
responsible for the operation and maintenance of on-site
stormwater treatment system(s) and HM Control(s) (if any)
at Regulated Projects shall provide the City of Cupertino's
Director of Public Works with documentation of the
information required in Section 9. 18. 170. B. l.-7. regarding
installation, location, inspections, maintenance and repairs:
B. The Director of Public Works may require a
discharger who has previously received approval of a
Stormwater Management Plan, to prepare and submit a
revised Stormwater Management Plan for approval if any of
the following occurs:
1. The project was not constructed according to the
approved plans; or
2. The plan as constructed is not adequate for the
site; or
3. The site is not adequately maintained; or
4. The site is a significant source of contarninants to
the storm drain system.
C. The revised Stormwater Management Plan shall
identify the stormwater treatment controls, bestmanagement
practices, and/or HM controls that will be used by the
discharger to prevent or control pollution of stormwater to
the maximum extent practicable.
D. If the activity at issue is a constniction or land
disturbance activity, the revised plan submitted to the City
shall at a minimum meet the requirements of the Statewide
hTPDES Construction General Permit Order 2009-0009
DWQ.
E. Whenever submission of a stormwater
management plan or a revised stormwater management plan
is required pursuant to this chapter, any authorized
enforcement staff may use the, SCVURPPP C.3.
Stormwater Handbook or the CASQA BMP Handbooks to
assess the adequacy of the proposed plan. (Ord. 23-2248,
Att. A (part), 2023; Ord. 2088, § 1 (part), 2012; Ord. 1982,
t§ 1 (part), 2006; Ord. 1967, FBI 1 (part), 2005; Ord. 1922,
§ 1 (part), 2003)
9.18.190 Failure to Maintain.
A. If the responsible party fails or refuses to meet
the requirements of the Agreement, without an acceptable
rationale, the City, after thirty (30) days written notice, may
correct a violation of the design standards or maintenance
requirements by performing the necessary work to place the
facility or practice in proper working condition.
B. In the event the City determines that the violation
constitutes an immediate danger to public health or public
safety, 24 hours written notice from the City shall be
sufficient.
C. The City may assess the owner(s) of the property
for the cost of repair work and any penalties, in accordance
with Chapters 1. 10 and 1. 12 of this Municipal Code. This
may be accomplished by placing a lien on the property,
which may be placed on the tax bill for such property and
collected in the ordinary maru'ier for such taxes. (Ord.
23-2248, Att. A (part), 2023; Ord. 2088, § 1 (part), 2012;
Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005;
Ord. 1922, § 1 (part), 2003)
9.18.195 Inspections by City.
As required by the Municipal Regional Permit, City
inspectors will inspect construction sites, industrial, and
commercial businesses and respond to reports of discharges
and threatened discharges to the stormwater system.
Compliance with all provisions of a City-issued enforcement
notice will be required within the amount of time given by
the inspector and before the next anticipated rain, but not
more than ten (10) business days after a violation is first
noted. (Ord. 23-2248, Att. A (part), 2023; Ord. 2088, § 1
(part), 2012)
9.18.200 Inspection and Maintenance Easement.
A. The City shall have access to all on-site
stormwater treatment systems for the purpose of inspection
and repair. This includes the right to enter a property when
the City has a reasonable basis to believe that a violation of
this ordinance is occurring or has occurred and to enter
when necessary for abatement of a public nuisance or
correction of a violation of this ordinance.
B. Prior to the issuance of a building or grading
permit for a Regulated Project, the applicant/owner shall
secure the necessary inspection andmaintenance easement(s)
on a permanent basis. The terms of the inspection and
maintenance easement shall allow the City to enter the
property at reasonable times and in a reasonable manner for
the purpose of inspection and repair.
C. The inspection and maintenance easement will be
recorded by the City with the Agreement and will remain
in effect even with transfer of title to the property.
D. The owner shall provide the City with three
signed copies of the recorded inspection and maintenance
easement.
E. Whenever necessary to perform Operations and
Maintenance verification inspections ofinstalled stormwater
treatment system(s) and HM control(s) (if any), all
Regulated Projects shall grant site access to all
representatives of the authorized enforcement official, local
mosquito and vector control agency staff, and Water Board
staff. (Ord. 23-2248, Att. A (part), 2023; Ord. 2088, FS, I
(part), 2012; Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1
(pan), 2005; Ord. 1922, § I (panl 2003)
2023 S-92
9.18.210 Cupertino - Health and Sanitation 38H
9.18.210 Stormwater Pollutant Source Controls and
BMPs.
A. Best management practices at all facilities,
whether staffed or unstaffed, must be inspected and
maintained by the discharger according to manufacturer
specifications and/or the CASQA Stormwater BMP
Handbooks. These best management practices must be
maintained so that they continue to function as designed.
Best management practices which fail must be repaired as
soon as it is safe to do so. If the failure of a best
management practice indicates that the best management
practices in use are inappropriate or inadequate to the
circumstances, the practices must be modified or upgraded
to prevent any further failure in the same or similar
circumstances.
B. All construction sites must implement effective
erosioncontrol, run-onandrunoffcontrol, sedimentcontrol,
active treatment systems (as appropriate), good site
management, and non-stormwater management through all
phases of construction (including but not limited to site
grading, building and fuiishing of lots) until the site is fully
stabilized by landscaping or trie installation of permanent
erosion control measures.
C. All Regulated Project sites are encouraged to
include adequate source control measures to limit pollutant
generation, discharge and runoff. These source control
measures are identified in Section 9. 18.130.
D. All dischargers must implement and maintain
minimum best management practices. The Director of
Public Works may require submission of information to
evaluate the implementation and/or require the
implementation of BMPs to prevent pollutant sources from
entering the City's storm drain system associated with
outdoor process and manufacturing areas, outdoor material
storage areas, outdoor waste storage and disposal areas,
outdoor vehicle and equipment storage and maintenance
areas, outdoor parking and access roads, outdoor wash
areas, outdoor drainage from indoor areas, rooftop
equipment, contaminated and erodible surfaces, or other
sources determined by the Director of Public Works to have
a reasonable potential to contribute to pollution of
stormwater runoff. Minimum BMPs and source control
measures for all dischargers include, but are not limited to
the following:
1. Storm Drain Inlet Labeling. Storm drain inlets
shall be clearly marked with the words "No Dumping -
Flows to Bay, " or equivalent, as approved by the Director
of Public Works or their designee.
2. Landscaping shall be designed to minimize
irrigation and water runoff, promote surface infiltration,
minimize the use of pesticides and fertilizers, incorporate
native plants, grasses and trees (which are resistant to local
pests and diseases), employ appropriate sustainable
landscaping practices such as designs with hydrozones to
prevent over-irrigation, follow the Bay-Friendly
Landscaping Guidelines or other landscaping guidelines with
similar goals and practices.
3. Water Waste Prevention. Water waste resulting
from inefficient landscape irrigation shall be prevented.
Runoff from irrigation shall be prohibited from leaving the
targeted landscape due to low head drainage, overspray, or
other similar conditions where water flows onto adjacent
property, non-irrigated areas, walks, roadways, parking
lots, or structures. Repeat violations or uncorrected
violations will result in an administrative citation fine
according to chapter 1. 10 of the Municipal Code. Pursuant
to Government Code Section 65596, restrictions regarding
overspray and runoff may be modified if:
a. The landscape area is adjacent to permeable
surfacing and no runoff occurs; or
b. The adjacent non-permeable surfaces are designed
and constructed to drain entirely to landscaping.
4. Drains and Drain Lines.
a. Interior floor drains must not be coru'iected to the
storm drain system.
b. Exterior drains within the following areas must
not be connected to the storm drain:
i. Equipment or vehicle washing areas;
ii. Areas where chemicals, hazardous materials, or
other uncontained materials are used and/or stored unless
secondary containment is provided;
iii. Equipment or vehicle fueling areas or fluid
changing areas; and
iv. Loading docks vvhere chemicals, hazardous
materials, grease, oil, or waste products are handled.
v. Trash enclosures or approved covered areas
where waste bins and used cooking oils are stored.
5. Roof runoff shall be directed to rain barrels,
cisterns, or similar rainwater collection system, or to
landscaped areas unless deemed infeasible by the Director of
Public Works. Upon approval of the Director of Public
Works, projects located in hillside areas may be exempt
from these requirements.
6. Nonresidential facilities shall provide secondary
containment for all roof-mounted equipment, tanks, and
piping containing liquids. Roof drains and equipment
discharge lines must not be connected to the sanitary sewer
iu'iless reviewed and permitted by the Cupertino Sanitary
District.
7. Fire Sprinkler Tests and Water Pipe Flushing:
Discharges from fire sprinkler tests and water pipe flushing
may not be discharged in a manner to create a threatened
discharge or actual discharge to the storm water system.
Discharges from these activities must be directed to
landscaping capable of containing and absorbing all
discharge water. Discharge to landscaping within a
r'( I
2023 S-92
38-I Stormwater Pollution Prevention and Watershed Protection 9.18.210
bioretention or similar stormwater pretreatment landscape
feature is prohibited. Discharges to the sanitary system may
only be conducted after a permit has been issued by the
Cupertino Sanitary District.
a. Discharges which are listed as conditionally
allowed in the current municipal NPDES permit are to be
directed to onsite vegetated areas which do not serve as a
bioretention pretreatment system, or discharged to the
sanitary sewer with the permission of Cupertino Sanitary
District, or if this is not a feasible option, with BMPs that
will ensure compliance with the municipal NPDES permit.
b. For new or remodeled facilities where it is
irfeasible to direct fire sprinkler safety test water discharges
to landscaped areas, a sewer clean out shall be installed, in
a readily accessible area to capture potable water discharged
during fire safety sprinkler tests. The installation must first
be approved by the Cupertino Sanitary District.
8. Cooling systems shall not be connected or
allowed to drain to the storm drain system.
9. Condensate lines shall not be connected or
allowed to drain to the storm drain system.
E. Pool and Spa Discharges.
1. It is unlawful to discharge water from pools and
spas to the storm drain system.
2. De-chlorinated pool spa discharges shall be
directed to landscaped areas, providing this does not
generate runoff to the storm drain system. If the landscaped
area cannot accommodate the discharge, pool and spa water
shall be disposed to the sanitary sewer. The discharger shall
contact the Cupertino Sanitary District for permitting prior
to any discharges.
3. For new or remodeled swimming pools where it
is infeasible to direct discharges to landscaped areas, a
sewer clean out shan be installed in a readily accessible
area, within ten (10) feet of the pool edge, if possible.
F. Vehicle and Equipment Fueling Facilities.
Vehicle or equipment fueling facilities shall be designed in
accordance with the California Stormwater Quality
Association (CASQA) Industrial Stormwater Best
Management Practices Handbooks to prevent the ninon of
stormwater and runoff of spills. At minimum this shall be
accomplished by:
1. Paving the fueling area with concrete or other
impervious surface;
2. Covering the fueling area and extending the cover
a minimum of ten (10) feet beyond the fuel pumps in the
directions of vehicle or equipment access and egress;
3. Grading the area (sloped inward) or installing a
berm or curb around the perimeter of the fueling area.
Storm drains shall be prohibited in these fueling areas; and
4. All storm drain inlets and bioretention overflow
inlets, if required to have full trash capture devices or
systems, must include a media filter designed to collect
hydrocarbons from runoff. Media filters must be serviced
and maintained in accordance with the manufaciurer
specifications.
G. Vehicle Service Facilities.
1. It is unlawful for any person to dispose of, or
permit the disposal or ninoff, directly or indirectly, of
vehicle fluids, hazardous materials, or rinsewater from parts
cleaning operations into storm drains.
2. All owners and operators of vehicle service
facilities shall ensure that any vehicle fluid, hazardous
material, or rinsewater from parts cleaning operations that
comes into contact with any floor, pavement or ground
surface is cleaned up immediately from such surface.
3. It is unlawful to use tanks, containers or sinks for
parts cleaning or rinsing which are connected to the storm
drain system.
4. It is unlawful for any person to perform vehicle
fluid removal outside a building, or on asphalt or ground
surfaces, whether inside or outside a building, except in
such a manner as to ensure that any spilled fluid will be in
an area of secondary containment.
5. Leaking vehicle fluids shall be contained or
drained from the vehicle immediately to protect the storm
drain system.
6. It is unlawful for any person to leave unattended
drip parts or other open containers containing vehicle fluid,
unless such containers are in use or in secondary
containment.
7. It is unlawful for any person to discharge
washwater from vehicle washing operations or wash racks
to a storm drain, or onto impervious ground surface.
8. Vehicle service facilities shall be cleaned using
only those methods of cleaning that ensure that no materials
are discharged to the storm drain.
9. All owners and operators of vehicle service and
fueling facilities shall ensure that spill prevention and
clean-up equipment and absorbentmaterials are keptin stock
at all times and are readily available for use in a marked and
accessible area.
10. It is unlawful to store acid-containing batteries or
any material that is deemed by an enforcement official as a
threat to the stornn drain system, except within secondary
contau'iment.
11. All owners and operators of vehicle service
facilities shall label all storm drains located on the property
with the words "No Dumping - Flows to Bay," or
equivalent, as approyed by the Director of Public Works or
their designee.
12. All storm drain inlets and bioretention overflow
inlets, if required to have full trash capture devices or
systems, must include a media filter designed to collect
hydrocarbons from runoff. Media filters must be serviced
and maintained in accordance with the manufacturer
specifications.
2023 S-92
9.18.210 Cupertino - Health and Sanitation 38J
H. Food Service Facilities.
1. Food service facilities shall have a sink or other
area for cleaning floor mats, containers, and equipment,
which is connected to a grease removal device and the
sanitary sewer. The sink or cleaning area shall be large
enough to clean the largest mat or piece of equipment that
requires cleaning at the facility.
2. All new buildings constructed to house food
service facilities and all existing buildings constructed to
house food service facilities which are subject to City review
and approval for changes or modifications shall include a
covered area for dumpsters to prevent water runon to the
area and runoff from the area. Durnpster storage areas shall
be designed in accordance with the City's Public Works
Guidelines for Non-Residential Building Trash & Recycling
Enclosures. Retrofits to existing facilities shall be revamped
to the maximum extent practicable and shall be subjectto the
approval of the Director of Public Works or their designee.
3. Drains that are installed beneath dumpsters
serving food service facilities shall be connected to a grease
removal device upstream of the connection to the sanitary
sewer.
4. All used cooking oil/grease containers must have
secondary containment and the containment device must be
kept free from excessive buildup of spilled materials.
I. Parking Garages.
1. If installed, parking garage floor drains on
interior levels shall not be connected to the storm drain, but
to an oil/water separator prior to discharging to the sanitary
sewer system.
2. Parking garage oil/water separators shall have a
minimum capacky of 100 gallons.
3. The parking garage oil/water separator shall be
cleaned at a frequency of at least once every twelve months
or more frequently if recommended by the manufacturer or
as requ"yed by the City or other regulatory agency.
J. Root control chemicals. It is unlawful for any
person to discharge, dispose or add to the storm drain
system any substance to control roots.
K. Dumpsters.
1. All new buildings, except for single-family and
duplex residences, all new "wet waste" businesses and all
existing "wet waste" businesses which are subject to City
review and approval for changes or modifications, shall
provide a covered area for a dumpster(s) designed in
accordance with the City's Public Works Guidelines for
Non-Residential Building Trash & Recycling Enclosures.
Retrofits to existing faciIities shall be revamped to the
maximum extent practicable and shall be subject to the
approval of the Director of Public Works.
2. The area shall be designed to prevent water runon
to the area and runoff from the area.
3. Dumpsters serving food service facilities shall be
designed in accordance with Section 9. 18.210.
L. Multi-Family Residential Vehicle Washing
Facilities.
1. New residential buildings with 25 or more units
shall provide a covered, bermed area for occupants to wash
their vehicles.
2. The vehicle washing area shall be designed to
prevent water runon to the area and runoff from the area.
3. A drain shall be installed to capture all vehicle
wash waters and shalI be connected to an oil/water separator
prior to discharge to the sanitary sewer system. Discharge
to the sanitary sewer must first be approved by Cupertino
Sanitary District.
4. Vehicle washing area oil/water separators shall
have a minimum capacity of 100 gallons.
5. The oil/water separator shall be cleaned at a
frequency of at least once every six months or more
frequently if recommended by the manufacturer or the
superintendent.
M. Copper Roofing and Architectural Materials.
1. Copper metal roofing, copper granule-containing
asphalt shingles and copper gutters shall not be permitted for
use on any residential-, comn'iercial or industrial uaildirig far
which a building permit is required.
2. Copper flashing for use under tiles or slates and
small copper ornaments are exempt from this prohibition.
3. Discharges to the storm drain system of
wastewater generated during the installation, cleaning,
treating, and washing of copper architectural features,
including copper roofs are prohibited. Discharges to
landscaping or to the sanitary sewer system with advance
approval from Cupertino Sanitary District.are allowed.
4. Discharges of water from pools (including
connection for filter backwash), spas, fountains and water
features that contain copper-based chemicals are prohibited.
N. Pesticide Storage at Commercial Facilities.
1. Pesticides shall be stored in labeled containers
and shall not be stored where they can be exposed to rain or
irrigation water and be allowed to runoff to storm drains or
creeks.
2. Secondary containment shall be required for
containment of pesticides, unless they are stored in an
indoor storage unit. Storage of pesticides shall follow
guidance from the local fire department and/or any other
governmental regulatory agency.
3. Employees who use pesticides must be trained to
clean up spills. Spill kits shall be provided and stored near
pesticides.
0. Mobile Businesses.
1. Mobile businesses shall be required to use best
management practices and source control measures that
comply with Municipal Regional Permit.
P. Outdoor Recycling, Composting and Trash
Receptacle Sets (Trios) Required for Public Use at New and
Redeveloped Commercial and Retail Sites.
j,i
2023 S-92
38K Stormwater Pollution Prevention and Watershed Protection 9.18.210
1. At least one set of outdoor waste receptacles
consisting of three separate receptacles is referred to as a
"Trio. " The Trio shall consist of one receptacle each for
recyclable, compostable and garbage materials and must be
provided by the property owner and placed together in
collection areas for public use at all new and redeveloped
commercial and retail sites. Unless approved by the Director
of Public Works or their designee, the Trio should be
located on private properff adjacent to the City sidewalk.
The receptacles must be a minimum of 20 gallons (each
receptacle within the Trio), be permanently attached to the
ground, be designed for exterior use, and include a cover to
prevent rainwater or irrigation intrusion, and each be labeled
Recycle, Compost, Trash. The receptacles shall be
maintained by the property owner or the property owner's
designee.
2. One Trio may satisfy the requirement for up to
four adjacent businesses at one shopping center, and is at the
discretion of the Director of Public Works or their designee.
The number of receptacle sets that are required for large
redevelopment projects will be determined by the Director
of Public Works or their designee and are intended to be
sufficient to contain the amount of litter and debris that is
reasonably expected to be generated from the development
project or the permitted project site.
3. The requirement for outdoor Trios shall be a
condition of approval that will be reviewed within the permit
application process. The condition may be amended if an
alternative set of litter receptacles will provide equal
containment of public litter, or waived by the Director of
Public Works or their designee if the potential impact from
litter in the vicinity of the business is negligible.
4. Covered cigarette urns are required to be installed
adjacent to or attached to the Trio. Placement of the
cigarette urn mustconform to the Cupertino Municipal Code
and any State laws limiting smoking in relation to buildings.
5. Removal of any required Trio or cigarette urn is
prohibited unless approved by the Director of Public Works
or their designee. (Ord. 23-2248, Att. A (part), 2023; Ord.
13-2103, § 2, 2013; Ord. 2088, § 1 (part), 2012; Ord. 1982,
8, 1 (part), 2006; Ord. 1967, 8, 1 (part), 2005; Ord. 1922,
Fffi 1 (pan), 2003)
9.18.215 Litter Prevention and Enforcement.
A. Violations.
1. It is unlawful for any person to sweep, throw,
deposit, place, or drop without picking up, any litter into or
upon any public street, way, sidewalk, parking lot or other
public place, or in or upon private property in the City into
or upon which the public is admitted by easement or license.
2. It is unlawful for any person to throw or deposit
litter in any fountain, pond, creek, stream or other body of
water in a park or elsewhere within the City.
3. It is unlawful for any person to collect any
garbage, mixed recyclables, or other materials from public
or privately authorized outdoor receptacles, kept or
accumulated within the City, unless such person is an agent
or employee of the City acting within the course and scope
of his or her employment, or is acting pursuant to a
franchise awarded by the City to act as garbage collector.
4. R is unlawful for any person to discard , deposit,
or maintain litter on any occupied private property within
the City, whether owned by such person or not.
5. It is unlawful for any person to discard, deposit,
or maintain litter on any open or vacant private property
within the City whether or not the property is owned by such
person.
6. It is unlawful for any person to drive or move any
open vehicle or trailer within the City unless there is a tarp
over the contents or the material is constructed and loaded
so as to ensure that all litter is prevented from being blown
or deposited upon any street, alley or other public or private
place.
B. Collection and Maintenance.
1. Persons placing material intended for disposal or
recycling in public receptacles or in authorized private
receptacles shall do so in such a manner as to prevent it
from being scattered, carried, or deposited by the elements
or animal scavengers upon any street, sidewalk, parking lot,
creek, park or other public or private place.
2. Persons placing material intended for disposal or
recycling in any public or privately authorized outdoor
receptacle shall ensure that the lid is maintained completely
closed. The over-filling of any outdoor receptacle intended
for, but not limited to, trash, compostable organics and
recyclables, in a maru'ier that does not allow the lid to be
completely closed is prohibited. The lid of a residential yard
waste bin may be left partially open so long as the greater
pan of the yard and tree trimmings are contained if it is
necessary to leave the lid partially open due to the branches
or limbs not fitting completely into the bin with the lid
closed. Yard waste bins containing food waste must be left
with lids completely closed when not being serviced.
3. Uncontained large items originating from
single-family homes that will not fit into a receptacle may be
placed at the curb for scheduled collection within 24 hours
of such conection by an agent or employee of the City or by
the awardee of a franchise by the City to act as garbage and
recycling collector. Any such bulky item(s) may not be
placed in the City right-of-way while awaiting collection.
4. Persons owning or occupying property shall
maintain the premises, including the perimeter and the City
sidewalk in front of their premises, free of loose litter.
5. Persons sharing Trios and cigarette urns placed
outside of retail areas for public use, as required in section
9. 18.210.4.P., must also share equally in the responsibility
2023 S-92
9.18.215 Cupertino - Health and Sanitation 38L
of emptying the receptacles so that they do not overflow and
maintaining the area around the receptacles so that it is free
of loose litter.
C. Exceptions. The provisions of this section shall
not apply to the distribution of mail by the United States, nor
to newspapers of general circulation as defined by general
law, nor any periodical or current magazine regularly
published; provided, however, that no newspaper shall be
thrown, deposited or distributed upon any premises where
the owner or inhabitant thereof shall have previously
advised, in writing, the publisher or distributor of such
newspaper not to do so; and no newspaper shall be thrown,
deposited or distributed upon any premises where two (2) or
more editions of the same newspaper remain unclaimed by
the owner or occupant thereof. (Ord. 23-2248, Att. A
(part), 2023; Ord. 13-2103, F3 3 (part), 2013)
9.18.220 Violation.
Any person who violates any provision of this Chapter
shall be guilty of a misdemeanor and upon conviction
thereof shall be punished as provided in Chapter 1. 12 of this
Code. The City may also impose re-inspection fees to the
property owner for verification of compliance as enumerated
in the City's Public Works Fee Schedule. (Ord. 23-2248,
Att. A (part), 2023; Ord. 2088, § 1 (part), 2012; Ord. 1982,
S, 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922,
§ I (part), 2003; Ord. 1598, § 1 (part), 1992)
9.18.230 Civil Penalty for Violation-Payment of Funds
to Account.
Any person who violates any provision of this Chapter
or any provision of any permit issued pursuant to this
Chapter shall be civffly liable to the City in a sum not to
exceed the amounts provided for in Government Code §§
54740 and/or 54740.5. The City may petition the Superior
Court pursuant to Government Code § 54740 to impose,
assess and recover such sums. The civil penalty provided in
this section is cumulative and not exclusive, and shall be in
addition to all other remedies available to the City under
State and Federal law and local ordinances. Funds collected
pursuant to this Section shall be paid to City's
Environmental Storm Management Account. (Ord.
23-2248, Att. A (part), 2023; Ord. 2088, § 1 (part), 2012;
Ord. 1982, § I (part), 2006; Ord. 1967, 8, 1 (part), 2005;
Ord. 1922, § I (part), 2003; Ord. 1598, t§ 1 (part), 1992)
9.18.240 CivilPenaltyforIllicitDischarges-Paymentof
Funds to Account.
Any person who discharges pollutants, in violation of
this Chapter, by the use of illicit connections shall be civilly
liable to the City in a sum not to exceed Twenty-Five
Thousand Dollars per day per violation for each day in
which such violation occurs. The City may petition the
Superior Court pursuant to Government Code § 54740 to
impose, assesS and recover such sums. The civil penalty
provided in this section is cumulative and not exclusive, and
shall be in addition to all other remedies available to the City
under State and Federal law and local ordinances. Funds
collected pursuant to this section shall be paid to City's
Environmental Storm Management Account. (Ord.
23-2248, Att. A (part), 2023; Ord. 2088, § 1 (part), 2012;
Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005;
Ord. 1922, 01 (part), 2003; Ord. 1598, § l (part), 1992)
9.18.250 Notice of Violation.
Unless the Director of Public Works finds that the
severity of the violation warrants immediate action under
Sections 9. 18.220, 9. 18.230 or 9.18.240 above, or permit
revocation or suspension, he/she shall issue a notice of
violation which:
1. Enumerates the violations found; and
2. Orders compliance in any manner authorized by
and consistent with the City's Enforcement Response Plan
and the provisions of chapter 1. 10 of this Code. (Ord.
23-2248, Att. A (part), 2023; Ord. 2088, § l (part), 2012;
Ord. 1982, § 1 (part), 2006; Or'a. 1967, e) 1 (part), 2005;
Ord. 1922, § 1 (part), 2003; Ord. 1598, 8, l (pan), 1992)
9.18.260 AdministrativePenalties-PaymentofFundsto
Account.
Whenever the Director of Public Works or their
designee finds that any person has violated any provision of
this chapter, or has violated any notice requiring compliance
with any provision of this chapter, the Director of Public
Works or their designee may issue an administrative citation
pursuant to the procedures set forth in Cliapter 1. 10 of this
code and assess an administrative penalty in a sum not to
exceed the amounts provided in Government Code §
54740.5. The remedy provided in this section is cumulative
and not exclusive, and shall be in addition to all other
remedies available to the City under state and federal law
and local ordinances. Funds collected pursuant to this
section shall be paid to City's Environmental Storm
Management Account. (Ord. 23-2248, Att. A (part), 2023;
Ord. 13-2103, 8, 3 (part), 2013; Ord. 2088, § 1 (part), 2012;
Ord. 1982, 8, 1 (part), 2006; Ord. 1967, § 1 (pan), 2005;
Ord. 1922, 01 (part), 2003; Ord. 1598, § I (part), 1992)
9,18.270 Severability.
If any section, subsection, subdivision, sentence,
clause, or phrase of this Chapter is for any reason held to be
unconstiffitional or otherwise void or invalid, by any court
of competent jurisdiction the validity of the remaining
portion of this Chapter shall not be affected thereby. (Ord.
23-2248, Att. A (part), 2023; Ord. 2088, § 1 (part), 2012;
Ord. l982, F§ I (part), 2006; Ord. 1967, § 1 (part), 2005;
Ord. 1922, § 1 (part), 2003)
[Next printed page is 38S.]
i
2023 S-92
Comprehensive Ordinance List
Ord. No.
22-2245
22-2246
23-2247
23-2248
23-2249
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
constniction 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.]90,
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)
Amends Ch. 9. 18, amending
stormwater pollution prevention and
watershed protection provisions, repeals
Section 9. 18. 110 (9. 18)
Amends Ch. 2. 100, updating regulation
of lobbying activities, repeals 2. 100. 170
and renumbers 2. 100.180 accordingly
(2. 100)
2023 S-92
Cupertino - Comprehensive Ordinance List 50
I,
/"7.
17 Index
LICENSE
See also PERMIT
Bingo 5.32.190, 5.32.270
Business
See BUSINESS LICENSE
Cat 8.08.350
Commercial advertising 10.52.060
Dog 8.08.260
LIGHT POLLUTION
See GLASS AND LIGHTING STANDARDS
LIQUOR
Alcoholic beverages, gasoline concurrent sales
appeals 19.132.070
applicabilityofprovisions 19.132.020
conditional use pernnit
findings, basis 19.132.050
grant criteria 19. 132.030
hearing 19.132.040
purpose of provisions 19. 132.010
restrictions generally 19. 132.060
Consumption, open container possession
prohibitions 10.49.010
Violation, penalty 10.49.020
LOADING ZONES
See PARKING
LOBBYING ACTIVITIES, REGULATION OF
Definitions 2. 100.030
Enforcement 2. 100.150
Excludedactivities 2.100.031
Exemptions 2.100.170
Gifts 2.100.140
Injunction 2.100.160
Interpretation 2. 100.020
Lobbyist identification 2. 100. 120
Prohibitions 2. 100. 130
Purpose 2.100.010
Records retention 2. 100. 110
Registration 2. 100.040
active status 2. 100.070
annual registration renewal 2. 100.050
registrationfees 2.100.080
required registration information 2. 100.090
Semi-annual reports 2. 100.100
Termination of lobbyist status 2. 100.060
LOCAL SUST AINABILITY REQUIREMENTS FOR
NEWLY CONSTRUCTED BUILDINGS
Applicability 16.32.010
All-electric provisions for newly constructed
buildings 16.32.030
Definitions 16.32.020
-M -
MANAGER, CITY
Abandoned. inoperative vehicle
enforcement 11.04.040
removal authority 11.04.061
storagenotice 11.04.130
Animal control
administrative authority 8.01.040
seizure hearing 8.06.040
Approvedstreettreeenforcement 14.16.080
Bicycle
enforcement 11.08.030
lanes designation 11.08.250
Bingo license
applicant investigation 5.32.210, 5.32.220
approval 5.32.240
denial 5.32.250
Bingo, provisions administration 5.32.170
Clerk, city, appointment 2.20.100
Commission meetings, attendance 2.28.060
Compensation, reimbursement 2.28.080
Created 2.28.010
Depaaiental organization authority 2.48.030
Director of emergency services 2.40.050
Eligibility, bond 2.28.030
Garage, patio sale enforcement authority 5. 16.060
Grocery store enforcement authority 5.36.060
Park and/or building permit issuance 13.04.040
Parks administration 13.04.220
Pedestrian regulations administration 11.09.020
Powers, duties 2.28.040
Relations with council 2.28.050
Sales and use tax, alternate, collection 3.09.050
Solicitor
administrative authority 5.20. 100
identification permit
application investigation 5.20.020
revocation, duties 5.20.070
Street tree enforcement 14. 12.040
Surplus sales officer duties 3.25.020
Suspension, removal, resignation 2.28.090
Taxicab driver license suspension,
revocation 5.28.180
Temporary absence, replacement 2.28.070
Traffic
speedlimitsigning 11.12.040
stop intersection signing 11.20.040
Water
department duties 15. 12.090
provisions enforcement 15.12.050
2023 S-92
Cupertino - Index 18
MARIJUANA 19.98.010
MARIJUANA, MEDICINAL AND ADULT USE OF
Commercial marijuana activities 10.84.030
Definitions IO.84.020
Enforcement, remedies and declaration of public
nuisance 10.84.050
Possession, delivery, distribution, and indoor
cultivation of marijuana 10.84.040
Purpose 10.84.010
MASSAGE EST ABLISHMENTS, SERVICES
Conditions of premises 9.06. 196
Definitions 9.06.020
Exemptions from provisions 9.06.030
Inspection of premises 9.06.230
License, permit
See also MTO certificate, Permit
application 9.06.050
documentation 9.06.055
fee 9.06.060
groiinds for deriial 9.06.070
expiration and renewal 9.06.065
required 9.06.040, 9.06.041
suspension or revocation
appeals 9.06.220
grounds 9.06.200
hearing 9.06.210
notice 9.06.210
MTO certificate
See also License, permit, Permit
required 09.06.041
Operating requirements 9.06.193
Permit
See also License, permit, MTO certificate
massage establishment employees
permit requirements 9.06.080
massage therapist
annualmedicalexamination 9.06.160
criteria 9.06.110
practical examination 9.06. 120
outcall massage
application 9.06.180
criteria 9.06.190
Prohibitedacts 9.06.198
Purpose of provisions 9.06.010
Sanitary conditions 9.06. 196
Violation
continuing 9.06.260
alternative remedies 9.06.260
penalty 9.06.250
public nuisance 9.06.240
MAYOR
Employees' retirement system execution 2.56.020
MECHANICAL CODE
Adoption of 2022 Mechanical Code based on the
2021 Uniform Mechanical Code 16.24.010
Adoption of appendix chapters 16.24.015
Name insertion 16.24.020
MEDICINAL MARIJUANA
Commercial marijuana activities 10.84.030
Definitions 10.84.020
Enforcement, remedies and declaration of public
nuisance 10.84.050
Possession, delivery, distribution, and indoor
cultivation of marijuana 10.84.040
Purpose 10.84.010
MINIMUM WAGE
Application of minimum wage to welfare-to-work
programs 3.37.110
Authority 3.37.020
Definitions 3.37.030
Enforcement 3.37.090
Fees 3.37.120
Implementation 3.37.080
Minimum wage 3.37.040
Notice, posting and payroll records 3.37.060
Relationshiptootherrequirements 3.37.100
Retaliation prohibited 3.37.070
Title 3.37.010
Waiver through collective bargaining 3.37.050
MINOR
See BINGO
CURFEW
MOBILE VENDORS
See VENDORS, SIDEWALK
MOSQUITOES
Abatement
by city when 9.16.080
cost
( 11' a
See also Lien
payment by owner 9. 16.090
notice
contents 9.16.050
when 9.16.040
Breeding places declared nuisance 9. 16.020
2022 S-89
27 Index
Defuiitions 3.36.020
Delinquent
See Payment
Disputed charges
See also Adjustments, conditions
procedure 3.36.150
Effective date 3.36.070
Exemptions 3.36.040
Fund
See STORM DRAINAGE SERVICE CHARGE
FUND
Imposed, determination, applicability 3.36.030
Payment
See also Collection
Disputed charges
delinquency
See also due date
enforcement 3.36.200
penalty 3.36.140
duedate 3.36.130
location 3.36.120
ownerresponsibility 3.36.110
Premises inspection, scope, authority 3.36.190
Purpose, limitations of provisions 3.36.010
Refunds, conditions 3.36.180
Revenues, use, limitations 3.36.170
Review
measurement, analysis methods report
3.36.060
procedure generally 3.36.050
Use
See Revenues, use, limitations
STORM DRAINAGE SERVICE CHARGE FUND
Created, purpose, use 3.36.170
STORM PROTECTION FEE
See CLEAN WATER AND STORM PROTECTION
FEE
STORMW ATER POLLUTION PREVENTION AND
WATERSHED PROTECTION
Administration 9. 18.015
Administrative penalties, payment of funds
to account 9. 18.260
Civil penalty
for illicit discharges, payment of funds
to account 9. 18.240
for violation, payment of funds
to account 9. 18.230
Definitions 9. 18.020
Discharge
accidental
notification of discharge 9.18.070
protectionfrom 9.18.060
limitationsonpointofdischarge 9.18.030
permitted pursuant to NPDES permits 9. 18.080
storm drain system, prohibited 9. 18.040
Inspections
inspection and maintenance easement 9. 18.200
inspection and verification
responsibility 9.18.170
inspections by City 9. 18. 195
Penalties
administrative 9.18.260
civil 9.18.230, 9.18.240
Purpose of chapter 9. 18.010
Severability 9.18.270
Stormwater pollutant source controls
andBMPs 9.18.210
Stormwater pollution prevention plan 9. 18.090
agreement to maintain stormwater treatment
systems and best management
practices 9.18.160
failure to maintain 9. 18.190
litter prevention and enforcement 9. 18.215
low impact development requirements 9. 18.130
permanent measures required for
regulated
projects 9.18.100
records of maintenance and inspection
activities 9.18.180
stormwater management plan required for
regulated projects 9. 18. 120
stormwater treatment measure operation
and maintenance responsibility 9. 18. 150
trash load reductions 9. 18. 115
Violation 9. 18.220
notice of 9. 18.250
STREET IMPROVEMENT
Agreement
deferred
See Deferred agreement
installation
See Installation agreement
reimbursement
See Reimbursement agreement
Appeals 14.04.240
Applicability of provisions 14.04.020
Chapter conformance required 14.04.250
Credit
prior improvements 14.04. 150
purpose 14.04.100
Dedication
determinationbyclass 14.04.140
requirements 14.04. 130
time, purpose 14.04.050
2023 S-92
Cupertino - Index 28
Deferred agreement
See also In-lieu payment, deferred agreement
generally
purpose 14.04.080
Exceptions 14.04.230
Fees 14.04.190
In-lieu payment
See also In4ieu payment, deferred agreement
See also
generally
purpose 14.04.070
schedule 14.04.180
In-lieu payment, deferred agreement generally
14.04.060
Installation agreement, bond, other securities
14.04.170
Interim 14.04.090
Legal description required 14.04.220
Permit, preceding
conditions 14.04.160
purpose 14.04.110
Preceding permit
See Permit, preceding
Purpose, intent 14.04.030
Reimbursement agreement
funds disposition 14.04.176
required 14.04.175
Reimbursement charges
applicability 18.56.010
charges additional 18.56.070
cost of land, interest 18.56.040
funds, disposition 18.56.050
land acquisition, cost, interest 18.56.060
purpose of provisions 18.56.010
reimbursement agreement 18.56.020
See also Reimbursement agreement
required 18.56.030
rules, regulations, establishment authority
18.56.080
Remedies cumulative 14.04.290
Requirements generally 14.04.040
Rules, regulations 14.04.120
Standard specifications 14.04.200
Street, highway width 14.04.210
Violation
nuisance 14.04.260
penalty 14.04.280
utility connection denial 14.04.270
STREETS AND SIDEWALKS
See also SUBDIVISION
Encroachment
abandonment or removal of facilities from
right-of-way 14.08.210
bond or deposit, release 14.08. 150
constructionrequirements 14.08.130
damage to existing facilities 14.08.170
defuiitions 14.08.010
deposit
releaseorrevision 14.08.150
security required 14.08.070
emergency encroachments 14.08.200
fees 14.08.060
indemnification 14.08.080
obstructions a public nuisance 14.08.220
ongoing use of right-of-way 14.08.160
pavement preservation 14.08.040
penalties 14.08.230
permit
appeals 14.08.240
application process 14.08.050
approval and issuance 14.08.090
display 14.08.I20
exceptions to requirement 14.08.030
extension 14.08. 140
notices 14.08. 100
required 14.08.020
term 14.08.100
transfer 14.08.190
validity 14.08. 110
rules and regulations, adherence 14.08. 180
security required 14.08.070
Soliciting on
def'initions 10.80.010
no vehicle solicitation zone 10.80.030
prohibited 10.80.020
violation, penalty 10.80.040
Street improvements
See STREET IMPROVEMENT
Trees
See TREES
Underground utilities
See UNDERGROUND UTILITIES
SUBDIVISION
Access
direct access
See Street
requirements 18.32.120
Alley dedication
See Street
Amendment
See Map
Applicability of provisions 18.04.040
Attoniey responsibilities 18.08.020
Certificate of correction
See Map
Citation 18.04.010
Community development department
responsibilities 18.08.050
Compliance
certificate of compliance issuance 18.48.030
tz:.
2019 S-73