2023 S-93 Supplement(:UPERiusO, CALIFORNIA
Instruction Sheet
2023 S-93 Supplement
REMOVE OLD PAGES mSERT NEW PAGES
TitlePage TitlePage
TITLE 1: GENERAL PROVISIONS
17,18 17,18
TITLE 5: BUSINESS LICENSES AND REGULATIONS
33 through 40 33 through 38
TITLE 9: HEALTH AND SANIT ATION
1, 2
34A through 34F
38K, 38L
47 through 50
1, 2
34A through 34F
38K through 38N
47 through 50
TITLE 15: WATER AND SEWAGE
3,4 - 3,4
TITLE 16: BUILDINGS AND CONSTRUCTION
99,100 99,100
COMPREHENSIVE ORDINANCE LIST
45,46 45,46
49,50 49,50
INDEX
13,14 13,14
-- -23,24- - 23,-24
33,34 33,34
kgw
12/2023
CITY OF CUPERTINO, CALIFORNIA
MUNICIPAL CODE
S-93 Supplement contains:
Local legislation current through Ordinance 23-2252, passed 11-21-2023
l
COPYRIGHT 0 2024
AMERICAN LEGAL PUBLISHING
1.18.010
CHAPTER 1.18: CLAIMS AGAINST THE CITY
Section
1.18.010 Authority
1. 18.015 Claims required
1.18.020 Form of claim
1.18.025 Claimprerequisitetosuit
1.18.030 Suit
1.18.040 Exhaustion of administrative remedies
1.18.010 Authority.
This article is enacted pursuant to Section 935 of the
California Government Code. (Ord. 1988, (part), 2006)
1.18.015 Claims required.
All claims against the City for money or damages not
otherwise governed by the Tort Claims Act, California
Government Code Sections 900 et seq., or otherwise State
law(hereinafterinthisdivision, "claims")shallbepresented
within the time, and in the manner, prescribed by Part 3 of
Division 3.6 of Title I of the California Government Code
(commencing with Section 900 thereof) for the claims to be
which that part applies by its own terms, as those provisions
now exist or shall hereinafter be amended, and as further
provided by this section. (Ord. 1988, (part), 2006)
1.18.020 Form of claim.
All claims shall be made in writing and verified by the
claimant or by his or her guardian, conservator, executor or
administrator. No claim may be filed on behalf of a class of
persons unless verified by every member of that class as
required by this section. In addition, all claims shall contain
the information required by California Government Code
Section 910. A claim may be submitted to the City
electronically via the City's website on a form approved by
the City Clerk. (Ord. 23-2252, Att. A (§ 1), 2023; Ord.
1988, (part), 2006)
1.18.025 Clatm prerequisite to suit.
In accordance with California Government Code
Section 935(b) and 945.6, all claims shall be presented as
provided in this chapter and acted upon by the City Manager
prior to the filing of any action on such claims, and no such
action may be maintained by a person who has not complied
with the requirements of this chapter. (Ord. 1988, (part),
2006)
17
1.18.030 Suit.
Any action brought against the City of Cupertino upon
any claim or demand shall conform to the requirements of
Section 940-949 of the California Government Code. Any
action brought against any employee of the City of
Cupertino shall conform witb the requirements of Section
950-951 of the California Government Code. (Ord. 1988,
(part), 2006)
1.18.040 Exhaustion of administrative remedies.
Prior to seeking judicial relief with respect to a dispute
regarding a tax, fee or other charge imposed by the City, an
aggrieved taxpayer, fee payer or other person must exhaust
administrative remedies by: (i) exhausting any administrative
remedies specified by any other provision of this code or
other applicable law, (ii) paying the fiill amount owed,
including applicable penalties and interest, and (iii)
presenting a claim for refund under Section 1. 18.015 of this
code. (Ord. 2054, 2010)
2023 S-93
Cupertino - General Provisions 18
5.50.010
CHAPTER 5.50: REGULATING THE SALE OF TOBACCO PRODUCTS
Section
5.50.010
5.50.020
5.50.030
5.50.040
5.50.050
5.50.060
5.50.070
5.50.080
5.50.090
5.50. 100
5.50.110
5.50. 120
5.50.130
5.50. 140
5.50. 150
Purpose.
Definitions.
Requirements and prohibitions.
Eligibility requirements for a permit.
Application procedure.
Permit issuance, denial, and revocation.
Permit term, conditions, renewal, and
expuaatton.
Permits nontransferable.
Permit conveys a limited, conditional
privilege.
Fees.
Compliance monitoring.
Prevention of underage sales.
Permit suspension or revocation.
Enforcement.
Interpretation.
5.50.010 Purpose.
A. This Chapter is adopted to:
1. Ensure compliance with the business standards
and practices of the City;
2. Encourage responsible retailing of tobacco
products;
3. Discourage violations of laws related to tobacco
products, especially those thatprohibitor discourage the sale
or distribution of tobacco products to persons under
twenty-one;
4. Respond to a new wave of addiction to electronic
cigarette products;
5. Reduce vulnerability to unexplained illnesses
associated with electronic cigarette products; and
6. Protect the public health and welfare.
B. This Chapter does not expand or reduce the
degree to which the acts regulated by federal or state law are
criminally proscribed or alter the penalties provided by such
laws. (Ord. 23-2251, § 1 (part), 2023)
5.50.020 Definitions.
For tlie purposes of this Chapter, the following
definitions shall apply:
A. "Arm's length transaction" means a sale in good
faith and for valuable consideration that reflects the fair
market value in the open market between two or more
informed and wffling parties, neither of which is under any
compulsion to participate in the transaction. A sale between
relatives, related companies or partners, or a sale for which
a significant purpose is avoiding the effect of the violations
of this Chapter is not an arm's length transaction.
B. "Designee" means the agency or public entity
selected or designated by the City to enforce and/or
administer the provisions of this Chapter.
C. "Distribute or Distribution" means the transfer,
by any person other than a common carrier, of a tobacco
product to another person for sale or personal consumption.
D. "Electronic cigarette products" means any of the
following products:
1. Any device or delivery system that can be used to
deliver nicotine in aerosolized or vaporized form, including,
but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen,
or e-hookah.
2. Any component, part, or accessory of such a
device or delivery system that is used during its operation.
3. Any flavored or unflavored liquid or substance
containing nicotine, whether sold separately or sold in
combination with any device or delivery system that could
be used to deliver nicotine in aerosolized or vaporized form.
4. Any product for use in an electronic nicotine
device or delivery system whether or not it contains nicotine
or tobacco or is derived from nicotine or tobacco.
5. Electroniccigaretteproductsshallnotincludeany
battery, battery charger, carrying case, or other accessory
not used in the operation of the device if sold separately.
Electronic cigarette products shall not include any product
that has been approved by the United States Food and Drug
Administration for sale as a tobacco cessation product or for
other therapeutic purposes where that product is marketed
and sold solely for such approved use. See 21 U.S.C.
§ 387a. As used in this paragraph, nicotine does not include
any food products as that term is defined pursuant to Section
6359 of the California Revenue and Taxation Code.
2023 S-93 33
5.50.020 Cupertino - Business Licenses and Regulations 34
E. "Impound" means the legal control exercised by
the City over the use, sale, disposal, or removal of any
Tobacco Products.
F. "Ownership" means possession of a ten percent
or greater interest in the stock, assets, Or income of a
business, other than a security interest for the repayment of
debt. Notwithstanding any other definition in this code, an
owner means a person who possesses ownership.
G. "Permit" means a valid permit issued by the City
or its designee to a person to act as a retailer.
H. "Retailer" means any person who sells,
exchanges, or offers to sell or exchange, for any form of
consideration, whether or not they possess a currentpermit.
"Retailing" shall mean the doing of any of these things. This
definition is without regard to the quantity of tobacco
products sold, exchanged, distributed, or offered for sale or
exchange.
I. "School" means a public or private elementary,
middle, junior high, or high school.
J. "Tobacco product" means:
1. Any product subject to: 21 U.S.C. § 387 et seq.
("Subchapter IX") of the Federal Food, Drug, and Cosmetic
Act (See 21 U.S.C. § 387a(b)) ("products subject to
[Subchapter IX]"); or 21 C.F.R. §§ 1100.1- 1100.3
("[tobacco productsl are subject to Subchapter IX") and
electronic cigaretteproducts. Products subjectto Subchapter
IX include, but are not limited to, cigarettes, cigarette
tobacco, roll-your-own tobacco, smokeless tobacco, cigars,
pipe tobacco, and waterpipe tobacco. Products that are not
subject to Subchapter IX include accessories of tobacco
products, suchas, butnotlimitedto, ashtrays, spittoons, and
conventional matches and lighters that solely provide an
external heat source to initiate but not maintain combustion
of a tobacco product. (Ord. 23-2251, § l (part), 2023)
5.50.030 Requirements and prohibitions.
A. Permit required. It shall be unlawful for any
person to act as a retailer of tobacco products in the City
without first obtaining and maintaining a valid retailer
permit pursuant to this Chapter for each location at which
retailing occurs. Tobacco product retailing without a valid
tobacco retailer permit is a nuisance as a matter of law.
B. Lawful business operation. It shall be a violation
of this Chapter for any retailer to violate any local, state, or
federal law applicable to tobacco products or the retailing of
such products.
C. Display of permit. Each current retailer permit
shall be prominently displayed in a publicIy visible pIace at
the location identified in the permit.
D. Notice of minimum age for purchase of tobacco
products. Retailers shall post conspicuously, at each point of
purchase, a notice stating that selling tobacco products to
anyone under twenty-one years of age is illegal and subject
to penalties. Such notice shall be subject to the approval of
the City or its designee.
E. Positive identification required. No retailer shall
sell or distribute a tobacco product to another personwithout
first examining the customer's identification to confirm that
the customer is at least the minimum age required under
state law to purchase and possess the tobacco product.
F. Minimum age for individuals selling tobacco
products. No individual who is younger than the minimum
age established by state law for the purchase or possession
of tobacco products shall engage in retailing.
G. False and misleading advertising prohibited. A
retailer without a permit:
1. Shall keep all tobacco products out of public
vtew.
2. Shall not display any advertisement relating to
tobacco products that promotes the sale or distribution of
such products from the retailer' s location or that could lead
a reasonable consumer to believe that tobacco products can
b e obtained at that location.
H. Limitation on storefront advertising. No more
than fifteen percent of the square footage of the windows
and clear doors of a physical storefront used for retailing
tobacco products shall bear advertising or signs of any sort,
and all advertising and signage shall be placed and
maintained in a manner that ensures that law enforcement
personnel have a clear and unobstmcted view of the interior
of the premises, including the area in wich the cash
registers are maintained, from the exterior public sidewalk
or entrance to the premises. However, this latter
requirement of this paragraph shall not apply to an
establishment vvhere there are no windows or clear doors, or
where existing windows are located only at a height that
precludes a view of the interior of the premises by a person
standing outside the premises.
I. Flavored tobacco products.
1. No retailer shall sell a tobacco product
containing, as a constituent or additive, an artificial or
natural flavor or aroma (other than tobacco ) or an herb or
spice, including but not limited to stravvberry, grape,
orange, clove, cinnamon, pineapple, vanilla, coconut,
licorice, cocoa, chocolate, chetry, mint, menthol, or coffee,
that is a characterizing flavor or aroma of the tobacco
product, smoke or vapor produced by the tobacco product.
2. A tobacco product sliall be subject to a rebuttable
presumption that the product is prohibited by subparagraph
(1) of this paragraph if:
I
2023 S-93
35 Regulating the Sale of Tobacco Products 5.50.030
a. The product's manufacturer or any other person
associated with the manufacture or sale of tobacco products
makes or disseminates public statements or claims to the
effect that the product has or produces a characterizing
flavor or aroma, other than tobacco; or
b. The product's label, labeling, orpackaging
includes a statement or claim-including any text and/or
images used to communicate information-that the product
has or produces a characterizing flavor or aroma other than
tobacco.
J. Vendingmachinesprohibited. Notobaccoproduct
shall be sold, offered for sale, or distributed to the public
from a vending machine or appliance, or any other coin or
token operated mechanical device designed or used for
vending purposes, including, but not limited to, machines or
devices that use remote control locking mechanisms.
K. Prohibition on sale or distribution of tobacco
products to persons under twenty-one years. No retailer
shall sell, offer for sale, or distribute any tobacco product to
any individual who is under twenty-one years of age.
L. Prohibition on sale or distribution of electronic
cigarette products. No person in the City, whether or not
issued a Permit, shall sell or distribute electronic cigarette
products. (Ord. 23-2251, § l (part), 2023)
5.50.040 Eligibility requirements for a permit.
A. No retailer permit may be issued to authorize
retailing at or from other than a fixed location. For example,
retailing by persons on foot or from vehicles is prohibited.
B. No retailer permit may be issued to authorize
retailing at a temporary or recurring temporary event. For
example, retailing at flea markets and farmers' markets is
prohibited.
C. No retailer permit may be issued to authorize
retailing at any location where the profession of pharmacy
is practiced by a pharmacist licensed by the State of
California in accordance with the Business and Professions
Code and where prescription drugs are offered for sale.
D. No retailer permit may be issued to authorize
retailing at any location within one thousand feet of a
school, as measured by a straight line between any point
along the property line of any parcel on which a school is
located and any point along the perimeter of the applicant's
proposed business location; provided, however, that the
prohibition contained in this paragraph shall not apply to the
following:
1. Any retailer of tobacco products operating
lawfully on the date immediately prior to this Chapter
becoming effective provided that the retailer obtains a
permit prior to July 1, 2020 pursuant to sections 5.50.050
and 5.50.060, and timely renews its permit pursuant to
5.50.070(B); and
2. Any lawfully operating retailer of tobacco
products that would otherwise become ineligible to receive
or renew a retailer permit due to the creation or relocation
of a school.
E. No retailer permit may be issued to authorize
retailing at a location which is within five hundred feet of a
location occupied by another retailer, as measured by a
straight line between any point along the perimeter of an
existing retailer's business location and any point along the
perimeter of the applicant's proposed business location,
provided, however, that the prohibition contained in this
paragraph shall not apply to existing retailers of tobacco
products operating lawfully on the date immediately prior to
this Chapter becoming effective provided that the retailers
obtain a permit prior to July 1, 2020 pursuant to sections
5.50.050 and 5.50.060, and timely renew their permits
pursuant to 5.50.070(B).
F. Any exemption granted to a retailer pursuant to
this Chapter shall cease to apply upon the earlier of the
following to occur:
1. The retailer fails to timely renew the retailer
permit pursuant to this Chapter.
2. A new person obtains ownership in the business.
(Ord. 23-2251, § I (part), 2023)
5.50.050 Application procedure.
A. It is the responsibility of each retailer to be
informed of all laws applicable to retailing, including those
laws affecting the issuance of a retailer permit. No retailer
may rely on the issuance of a retailer permit as a
determination by the City that the retailer has complied with
all laws applicable to retailing. A retailer permit issued
contrary to this Chapter, contrary to any other law, or on
the basis of false or misleading information supplied by a
retailer shall be revoked pursuant to this Chapter.
B. All retailer permit applications shall be submitted
on a form supplied by the City or its designee to implement
this Chapter.
C. A permitted retailer shall inform the City or its
designee in writing of any change in the information
submitted on an application for a retailer permit within
fourteen calendar days of a change.
D. All information specified in an application
pursuant to this Chapter shall be subject to disclosure under
the California Public Records Act (Government Code
Section 6250 et seq.) or any other applicable law, subject to
any exemptions. (Ord. 23-2251, § 1 (part), 2023)
2023 S-93
5.50.060 Cupertino - Business Licenses and Regulations 36
5.50.060 Permit issuance, denial, and revocation.
A. Upon the receipt of a complete application for a
retailer permit, the application fee, and the annual permit
fee, the City or its designee shall issue a retailer permit
unless substantial evidence demonstrates that one or more of
the following bases for denial exists:
1. The information presented in the application is
inaccurate or false.
2. The application seeks authorization for retailing
at a location for which tis Chapter prohibits issuance of a
retailer permit.
3. The application seeks authorization for retailing
by a person to whom this Chapter prohibits issuance of a
retailer permit.
4. The application seeks authorization for a retailer
whose permit has previously been revoked or who has
otherwise violated any provision of this Chapter within the
last 60 months.
5. The application seeks authorization for retailing
that is prohibitedpursuant to this Chapter or that is unlawful
pursuant to any other law.
6. The application seeks authorization for Retailing
by a Retailer who has failed to pay any fees, penalties, or
reinspection fees required by tis Chapter.
B. A retailer permit shall be revoked if the City or
its designee finds that one or more of the bases for denial of
a retailer permit under this Chapter existed at the time
application was made or at any time before the retailer
permit issued. Such a revocation shall be without prejudice
to the ffling of a new permit application.
C. A violation of this Chapter may result in
suspension or permanent revocation of a permit pursuant to
Section 5.50.130. (Ord. 23-2251, § 1 (part), 2023)
5.50.070 Permit term, conditions, renewal, and
expiration.
A. Term of permit. The term of a retailer permit is
one year. A retailer permit is invalid upon expiration.
B. Conditions of permit. As conditions of permit
issuance and retention, retailer shall:
1. Allowcomplianceinspectionsasdescribedinthis
Chapter and expressly consent to inspection of all area and
records of retailer's business required to effectuate the
purpose of this Chapter, including unlocking and allowing
access to any area of retailer's business requested by any
individual authorized to monitor and facilitate compliance
with this Chapter.
2. Comply with any order of the City to impound
any product not authorized to be sold by this Chapter and
cooperate with any City seizure of any product, subject to
appeal of those actions.
3. Failure to comply with these permit conditions
may result in permit suspension or revocation as described
in Section 5. 120.
C. Renewal of permit. The City or its designee shall
renew a valid retailer permit upon timely payment of the
annual permit fee provided that the retailer complies with
this Chapter, as amended. The City or its designee may, in
its discretion, agree to renew any expired retailer permit
within the three-month period following expiration if the
retailer pays the aru'iual permit fee and applicable late
charges. For every calendar month, or fraction thereof, that
a retailer fails to renew an expired retailer permit, a late
charge equal to twenty percent of the annual permit fee shall
be assessed. A retailer permit renewed within three calendar
months of expiration shall be treated as if timely renewed.
D. Issuance of permit after revocation or expiration
of permit. To apply for a new retailer permit more than
three calendar months after expiration of a retailer permit or
following revocation of a retailer permit that was wrongly
issued, a retailer must submit a complete application for a
retailer permit, along with the application fee and annual
permit fee. The City or its designee shall issue a retailer
permit pursuant to the requirements of this Chapter. (Ord.
23-2251, § l (part), 2023)
5.50.080 Permits nontransferable.
A. A retailer permit may not be transferred from one
person to anotfier or from one location to another. Whenever
a new person obtains ownership in a business for which a
retailer permit has been issued, a new retailer permit shall
be required, but any exemption granted pursuant to Section
5.50.040(D) or (E) shall cease to apply.
B. Notwithstanding any other provision of this
Chapter, prior violations of this Chapter at a location shaIl
continue to be coiu'ited against a location and permit
ineligibility and suspension periods shall continue to apply
to a location unless:
1. One hundred percent of the interest in the stock,
assets, or income of the business, other than a security
interest for the repayment of debt, has been transferred to
one or more new owners; and
2. The City or its designee is provided with clear
and convincing evidence, including an affidavit, that the
business has been acquired in an arm's length transaction.
(Ord. 23-2251, § 1 (part), 2023)
5.50.090 Pennitconveysalimited, conditionalprivilege.
Nothing in this Chapter shall be constmed to grant any
person obtaining and maintaining a retailer permit any status
or right other than the limited, conditional privilege to act as
a retailer at the location in the City identified on the face of
1,
2023 S-93
37 Regulating the Sale of Tobacco Products 5.50.090
tlte permit. All permits are issued subject to the City's right
to amend this chapter, and retailers shall comply with all
provisions ofthis Chapter, as amended. (Ord. 23-2251, § 1
(part), 2023)
5.50.100 Fees.
The City or its designee shall not issue or renew a
retailer permit before full payment of any applicable fees.
The City shall, from time to time, establish by resolution or
ordinance the fees to issue or to renew a retailer permit. The
fees shall be calculated so as to recover the cost of
administration of this Chapter, including, for example,
issuing a permit, administering the permit program,
conducting retailer education, routine retailer inspection and
compliance, but shall not exceed the cost of the regulatory
program authorized by this Chapter. All fees and interest
earned from such fees shall be used exclusively to fund
administration and enforcement of this Chapter. (Ord.
23-2251, § l (part), 2023)
5.50.110 Compliance monitoring.
A. Compliance with this Chapter shall be monitored
by the City or its designee. In addition, any peace officer
may enforce the penal provisions of this Chapter. The City
Manager may designate any number of additional persons to
monitor and facilitate compliance with this Chapter.
B. The City or its designee shall monitor each
retailer at least once per twelve-month period to determine
if the retailer is complying with all laws applicable to
retailing, other than those laws regulating underage access
to tobacco products. Nothing in this paragraph shall create
a right of action in any retailer or other person against the
City or its agents. (Ord. 23-2251, § I (part), 2023)
5.50.120 Prevention of underage sales.
A. The City or its designee shall monitor each
retailer to determine whether the retailer is conducting
business in a maru'ier that complies with laws regulating
youth access to tobacco products. Nothing in this paragraph
shall create a right of action in any retailer or other person
against the City or its agents.
B. The City or its designee shall not enforce any law
establishing a minimiun age for tobacco product purchases
against a person who otherwise might be in violation of such
law because of the person's age ("youth decoy") if the
potential violation occurs when:
1. The youth decoy is participating in a compliance
check supervised by a peace officer or a code enforcement
official of the City or its designee;
2. The youth decoy is acting as an agent of a person
designated by the City or its designee to monitor compliance
with this Chapter; or
3. The youth decoy is participating in a compliance
check funded in part, either directly or indirectly through
subcontracting, by the City, or the California Department of
Public Health. (Ord. 23-2251, § 1 (part), 2023)
5.50.130 Permit suspension or revocation.
A. Permit suspension. In addition to any other
penalty authorized by law, the City may suspend a permit if
the City demonstrates that the retailer or any of the retailer's
agents or employees has violated any of the requirements,
conditions, or prohibitions of this Chapter. The period of the
suspension shall be as follows:
1. A suspension not to exceed 30 calendar days for
an initial violation.
2. A suspension not to exceed 180 calendar days if
a retailer commits a violation or violations during two
instances within a 60-month period.
3. When a Permit is suspended based on a violation
of this chapter, the City shall post a placard at the physical
location used for retailing tobacco products to notify the
general public of the suspension. The placard shall be:
(A) Posted in the front window of the storefront used
for retailing tobacco products within five feet of the front
door; or
(B) Posted in a display case mounted on the outside
front wall of the physical location used for retailing tobacco
products within five feet of the front door; or
(C) Posted in a location approved by the Director to
ensure proper notice to the general public and to patrons of
the physical location used for retailing tobacco products.
(D) Onceattachedtoabuildingorstnicture, aplacard
is not to be removed, altered, or covered until done so by an
authorized representative of the City or upon written
notification from the City.
B. Permanent permit revocation. In addition to any
other penalty authorized by law, the City shall permanently
revoke a permit if a retailer commits a violation or
violations during three instances within a 60-month period.
C. Waiver or reduction of fines and penalties for
first violation. The City or its designee may, in its sole
discretion, waive or reduce any fines and penalties for a
retailer' s fu'st violation of this section, if the retailer admits
the violation in writing and agrees to forego a hearing on the
allegations. Regardless of the City's or its designee's waiver
of penalties for a first violation, the violation will be
considered in determining the fines and suspension periods
or revocation for any future violation. This paragraph shall
not apply to any violation involving a law regulating youth
access to tobacco products.
2023 S-93
5.50.130 Cupertino - Business Licenses and Regulations 38
D. Corrections period. The City or its designee shall
have discretion to allow a retailer a period of time to correct
any violation of any requirement, condition or prohibition of
this Chapter, other than a violation of a law regulating youth
access to tobacco products. If the City or its designee
exercises its discretion to provide a corrections period and
a retailer' s violation is corrected within the time allowed for
correction, no penalty shall be imposed under this Chapter.
E. Written notice of penalties. Whenever an
administrative citation is issued and/or a permit is suspended
or revoked based on a violation of this Chapter, the City or
its designee shall provide the retailer written notice of the
violation and the fu'ie and suspension or revocation,
including when the suspension or revocation shall take
effect.
F. Appeals. The suspension or revocation of a
permit may be appealed in the same manner as the appeal of
an administrative citation pursuant to Section 1.10.090.
G. A timely appeal shall stay enforcement of the
appealed penalties until the final administrative decision of
the City is issued. (Ord. 23-2251, § I (part), 2023)
5.50.140 Enforcement.
A. Any violation of this Chapter is subject to
administrative citation pursuant to Chapter 1.10. .
B. Any violation of tl'ns Chapter is hereby declared
to be a public nuisance.
C. Causing, permitting, aiding, abetting, or
concealing a violation of any provision of this Chapter shall
also constitute a violation of this Chapter.
D. Whenever evidence of a violation of this Chapter
is obtained in any part through the participation of a person
under the age of eighteen years old, such a person shall not
be required over his or her objection to appear or give
testimony in any civil or administrative process brought to
enforce this Chapter and the alleged violation shall be
adjudicated baseduponthe sufficiency andpersuasiveness of
the evidence presented.
E. Violations of this Chapter may be remedied by a
civil action brought by the City.
F. For the purposes of the civil and administrative
remedies provided in this Chapter, each day on which a
product is offered for sale in violation of this Chapter, and
each individual product that is distributed, sold, or offered
for sale in violation of this Chapter, shall constitute a
separate violation of this Chapter.
G. Impoundment.
1. Baseduponinspectionfindingsorotherevidence,
the City may impound tobacco products that are suspected
of being or found to be offered for sale or distribution in
violation of this Chapter. The City may affix a label to the
product that shall be removed only by the City following
final written determination by the City as described below.
2. No impounded tobacco products shall be used,
removed, disposed, or offered for sale unless the
impoundment has been released.
3. Within 30 days of final determination whether
impounded products are authorized for sale under this
Chapter, the City shall release the impounded materials or
order that unauthorized, impounded product shall be
destroyed and properly disposed of at the cost of the retailer.
The decision by the City may be appealed pursuant to the
procedures set forth in Section 1.10.090.
H. Seizure. Tobacco products offered for sale in
violation of this Chapter are subject to seizure by the City
and shall be forfeited after the retailer of the tobacco
products seized is given reasonable notice and an
opporhinity to demonstrate that the tobacco products were
notoffered for sale in violation of this Chapter. The decision
by the City may be appealed pursuant to the procedures set
forth in Section 1. 10.090. Forfeited tobacco products shall
be destroyed and properly disposed at the cost of the retailer
after all administrative appeals have been exhausted and the
time in which to seek judicial review has expired.
I. All retailers are responsible for the actions of
their employees relating to compliance with this Chapter.
The sale, offer to safe, or furnishing of any tobacco products
by an employee shall be considered an act of the retailer.
J. Any retailer found to be in violation of this
Chapter shall pay all costs reIated to enforcement to ensure
retailer's compliance with this Chapter, including but not
limited to fees for reinspection to determine compliance
after a violation, enforcement costs, litigation costs, and
attorneys' fees in any administrative or civil matter in which
the City prevails.
K. The remedies provided by this Chapter are
cumulative and in addition to any other remedies available
at law or in equity. (Ord. 23-2251, § l (part), 2023)
5.50.150 Interpretation.
A. Nothing in this Chapter shall be interpreted or
applied so as to create any requirement, power, or duty that
is preempted by, or in conflict with, federal or state law,
rules, or regulations.
B. Nothing in this Chapter shall be construed to
penalize the purchase, use, or possession of a tobacco
product by any person not engagerl in the retailing of such
products. (Ord. 23-2251, § 1 (part), 2023)
1,
il
2023 S-93
TITLE 9: HEALTH AND SANIT ATION
2023 S-93
Chapter
9.04 Restaurants and Food Establishments
9.06 Massage Establishments and Services
9.08 Weed Abatement
9.12 Hazardous Materials Storage
9.15 Regulation of Food Service Ware and Polystyrene Foam Coolers
Used by Food Providers and Sold by Retailers
9.16 Solid Waste, Non-Organic Recycling and Recycling Areas
9.17 Regulation of Single-Use Carryout Bags
9.18 Stormwater Pollution Prevention and
Watershed Protection
9.19 Water Resource Protection
9.20 0ff-Site Hazardous Waste Facilities
9.22 Property Maintenance
1
Cupertino - Health and Sanitation 2
9.15.090
CHAPTER 9.15: REGULATION OF FOOD SERVICE WARE AND POLYSTYRENE FOAM COOLERS USED
BY FOOD PROVIDERS AND SOLD BY RETAILERS
Section
9.15.090
9.15.100
9.15.110
Purpose of chapter.
Definitions.
Regulation of food service ware and
polystyrene foam coolers used by food
providers and sold by retailers.
Exemptions to the regulation of food
service ware and polystyrene foam coolers
used by food providers and sold by
retailers.
Recordkeeping and inspection.
Administrative citations and fines.
Severability.
9.15.120
9.15.125
9.15.130
9.15.140
9.15.090 Purpose of Chapter.
A. This chapter is determined and declared to be a
health, sanitary, and safety measure for the promotion,
protection and preservation of the health, safety and general
welfare of the people and environment of the City of
Cupertino.
B. Single-use disposable food service ware and
beverage packaging - including plates, cutlery, cups,
straws, "clamshells" and other containers - are major
contributors to street litter, ocean pollution, marine and
other wildlife harm, depletion of natural resources, and
greenhouse gas emissions.
C. Plastic litter breaks down into smaller pieces that
are not biodegradable, persist in the environment on land
and sea, and are present in most of the world's oceans.
D. Among other hazards, plastic debris attracts and
concentratesambientpollutants, suchasendocrinedisrupters
and persistent organic pollutants, in seawater and freshwater
that can transfer to fish, other seafood, and salt that is
eventuany consumed. Nine of the top ten most common
debris items found on beaches in the U.S. during
International Coastal Cleanup Day are single-use food and
beverage plastic packaging items.
E. Discharge of litter into waters of the United States
is prohibited by the Federal Clean Water Act and the City's
stormwater pollution prevention permit as issued by the San
Francisco Bay Regional Water Quality Control Board.
F. Even if certain types of single-use plastic food
service ware are accepted as recyclable by the City of
Cupertino's approved recyclables processor, when those
items have food and grease residue on them, they become a
contaminant to the recycling stream.
G. Natural fiber-based food service ware items can
be diverted from landfill and processed into compost even
when they have food and grease residue on them.
H. Certain synthetic chemicals known as Per- and
Polyfluoroalkyl Substances (PFAS), which are commonly
used in disposable food service ware to repel water and
grease, pose a public health risk as they have been linked to
serious health effects.
I. Polystyrene foam food service ware and other
items made from unencapsulated foamed materials are a
distinctive litter concern because they are lightweight, break
apart easily, are windblown into streets and waterways, and
float in water until it reaches the San Francisco Bay and
ocean.
J. The City of Cupertino intends to reduce solid
waste at its source and maximize recycling and composting
in accordance with Cupertino's Climate Action Plan, Zero
Waste Policy, and stormwater pollution prevention permit.
K. Reducing disposable packaging by eliminating
unnecessary items and transitioning to reusable products
provides greater environmental benefits than managing the
products that become waste, even when recycled or
composted. (Ord. 22-2239, § 1 (part), 2022)
9.15.100 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:
1. "Beverage Provider" means any business,
organization, entity, group, or person that offers liquid,
slurry, frozen, semi-frozen, or other forms of beverages to
the public for consumption. Beverage Provider also includes
any organization, entity, group or person that regularly
provides beverages to its members or the general public as
a part of its activities or services.
34A
2023 S-93
9.15.100 Cupertino - Health and Sanitation 34B
2. "Biodegradable Products Institute (BPI)" refers
to a certification program that ensures that products and
packaging displaying the BPI logo have been independently
tested and verified according to scientifically based
standards to successfully break down in professionally
managed industrial composting facilities. BPI-certified
products meet the standards of the American Society for
Testing Materials (ASTM) D6400 or D6868 for
compostability. As of January 1, 2020, all BPI-certified
products are required to have (1) a limit of 100 parts per
million (ppm) total Fluorinated Chemicals as the upper
threshold for acceptance and (2) no intentionally added
Fluorinated Chemicals.
3. "City" means the City of Cupertino.
4. "City Facility" means any building, structure, or
vehicle owned or operated by the City.
5. "City Facility Food Provider" means an entity
that provides, but does not sell, Prepared Food in City
Facilities.
6. "City Manager" means the City of Cupertino's
City Manager or their designee.
7. "County" means the County of Santa Clara.
8. "Compostable" means that an item or material is
(1) accepted in City's available composting collection
program as fully compostable; (2) is listed, described, or
referenced on the City's website as compostable; and (3) is
certified compostable by the Biodegradable Product Institute
or other third party recognxzed by the Director, or his or her
designee.
9. "Contractors and Lessees" means any person or
entity that has a contract with the City of Cupertino for
public works or improvements to be perfornned, for a
franchise, concession, or lease of property, for grantmonies
or goods and services or supplies to be purchased at the
expense of the City of Cupertino.
10. "Director" means the City of Cupertino's
Director of Public Works or their designee.
11. "Distribute" means the sale, offer for sale, or
other transfer of possession of an item for compensation,
either as a separate transaction or as part of the sale, offer
for sale, or other transfer of possession of another item for
COInpenSatlOn.
12. "Fluorinated Chemical" means a class of
fluorinated organic compounds containing at least one fully
fluorinated carbon atom, also known as per- and
polyfluoroalkyl substances, or PFAS chemicals.
13. "Food Container" means a container, bowl, plate,
tray, or other vessel used to hold Prepared Food.
14. "Food Provider" means any establishment,
provider, non-profit vendor, or business, operating within
the City that sells Prepared Food (l) to the public for
consumption on or off its premises, at a catered event,
and/or (2) at cafeterias and places of employment, whether
or not such establishments are open to the general public.
Food Provider includes but is not limited to, restaurants,
retail food establishments, caterers, cafeterias, stores,
shops, retail sales outlets, grocery stores, delicatessens
serving the public, mobile or temporary food providers,
vehicles or carts, or roadside stands.
15. "Food Service Ware" means any products used
for serving or consuming prepared food and includes, but is
not limited to, cups, bowls, plates, trays, cartons, boxes,
wrapper or liners, hinged or lidded containers (clamshells),
and other items used as part of food or beverage service or
in which Prepared Food is placed or packaged on a Prepared
Food Provider's premises.
16. "Food Service Ware Accessory" means any type
of accessory or accompanying items usually provided
alongside Prepared Food in plates, containers, bowls, or
cups, including but not limited to utensils, chopsticks,
napkins, cup sleeves, food or beverage trays, condiment
packets and saucers, straws, stirrers, splash sticks, spill
plugs, cocktail sticks, and toothpicks.
17. "Person" means an individual, trust, firm, joint
stock company, corporation including a government
corporation, partnership, or association.
18. "Per-andPolyfluoroalkylSubstances"means,for
the purposes of food packaging, a class of fluorinated
organic chemicals containing at least one fully fluorinated
carbon atom.
19. "Polystyrene Foam" means a thermoplastic
petrochemical material made from a styrene monomer and
expanded or blown using a gaseous agent (expanded
polystyrene) including, but not limited to, fusion of polymer
spheres (expandable bead polystyrene), injection molding,
form molding, and extrusion-blow molding (extruded foam
polystyrene).
20. "Prepared Food" means food or beverages that
are served, packaged, cooked, chopped, sliced, mixed,
brewed, frozen, squeezed or otherwise prepared on the
premises of a food provider for consumption, including, but
not limited to, ready-to-eat, dine-in, take-out or
complimentary food or beverage. "Prepared food" does not
include: (1) raw eggs and raw, butchered meat, fish or
poultry that is sold from a butcher case or a similar retail
method; (2) prepackaged food that is delivered to the food
l':"
2022 S-90
34C Regulation of Food Service Ware and Polystyrene Foam Coolers 9.15.100
provider wholly encased, contained or packaged in a
container or wrapper, and sold or otherwise provided by the
food provider in the same container or packaging; or (3)
nonpolystyrene foam prepackaged items prepared on-site,
which are not made to order and sold as "grocery items."
21. "Raw Food" means any uncooked meat, fish,
poultry, vegetable, fruit, or egg.
22. "Recyclable" means material that can be sorted,
cleansed, and reconstituted and accepted by the City's
available recycling collection programs for the purpose of
using the altered form in the manufacture of a new product.
23. "Reusable Food Service Ware" means all food
service ware, including plates, bowls, cups, trays, glasses,
straws, stirrers, condiment cups and utensils, that is
manufacffired of durable materials and that is specifically
designed and manufactured to be washed and sanitized and
to be used repeatedly over an extended period of time, and
is safe for washing and sanitizing according to applicable
regulations.
24. "Single-use"meansnotmeetingthedefinitionof
Reusable in these definitions.
25. "Standard Condiments and Spices" means
relishes, spices, sauces, confections, or seasonings that
require no additional preparation and that are usually used
on a food item after preparation, including ketchup,
mustard, mayonnaise, soy sauce, hot sauce, salsa, salt,
pepper, sugar, and sugar substitutes or others as determined
by the City.
26. "State" means the State of California.
27. "Takeout Food" means Prepared Food requiring
no further preparation, which is purchased to be consumed
off a Prepared Food Provider's premises. Takeout Food
includes Prepared Food delivered by a Food Provider or by
a third-party Takeout Food Delivery Service.
28. "TakeoutFoodDeliveryService"isaservicethat
delivers Takeout Food from a Food Provider to a customer
for consumption off the premises. This service can be
provided directly by the Food Provider or by a third-party.
29. "Third Party Food Delivery Platform" means a
business engaged in the service of online food ordering
and/or delivery from a Prepared Food Provider to a
consumer. (Ord. 22-2239, F§ l (part), 2022; Ord. 14-2116,
§ 1 (part), 2014)
9.15.110 Regulation of Food Service Ware and
Polystyrene Foam Coolers Used by Food
Providers and Sold by Retailers.
A. Accessories Only upon Customer Request. On or
after October 6, 2022:
1. Food Providers shall provide Single-use Food
Service Ware Accessories and Standard Condiments in
single serve packets only upon request by customers during
on-premises dining or whenusing a third-party food delivery
platform. Single-use Food Service Ware Accessories and
Standard Condiments packaged for single use provided by
Prepared Food Providers for use by consumers shall not be
bundled or packaged in a manner that requires a consumer
to take a different type of Single-use Food Service Ware
Accessory or Standard Condiment.
2. Food Providers and Beverage Providers, as well
asCityfacilities, City-managedconcessions, City-sponsored
events, and City-permitted events, may provide plastic
straws as an accommodation to people with disabilities who
request them to enjoy equal access to food and beverage
services within the City.
3. Prepared Food Providers offering Standard
Condiments and Spices are encouraged to use dispensers or
bulk containers rather than pre-packaged individual serving
packets.
4. Takeout Food Delivery Services that utilize
digital ordering/point of sale platforms, including but not
limited to the internet and smart-phone, shall only offer
Single-Use Food Service Ware Accessories by providing
clear options for customers to affirmatively request these
items separate from orders for food and beverages. The
default option on the digital ordering/point of sale platforms
shall be that no Single-Use Food Service Ware Accessories
are requested. Each individual Single-Use Food Service
Ware Accessory (e.g., each fork, knife, condirnentpacket,
napkin, etc.) provided with Prepared Food must be
specifically requested by the customer in order for a Food
Provider to provide it.
5. A Prepared Food Provider may ask a
drive-through consumer if the consumer wants a Single-use
Food Service Ware Accessory if the Single-use Food
Service Ware Accessory is necessary for the consumer to
consume ready-to-eat food, or to prevent spills of or safely
transport ready-to-eat food.
6. For delivery orders, Prepared Food Providers
may choose to include specific accessories, such as cup lids,
spill plugs, and trays, in order to prevent spffls and deliver
food and beverages safely.
B. Use of Non-Compliant Food Service Ware
Prohibited. On or after September 6, 2023:
1. Prepared Food or Beverage Providers, including
City Facility Prepared Food Providers, and City Contractors
and Lessees may not sell, offer for sale, or otherwise
distribute Prepared Foodprepared or packaged in Cupertino
using:
2023 S-93 Repl.
9.15.110 Cupertino - Health and Sanitation 34D
a. Single-use Food Service Ware or Food Ware
Accessories made, in whole or in part, from Polystyrene
Foam;
b. Single-use Food Service Ware made, or Food
Ware Accessories made, in whole or in part, from plastic
including polyethylene, polyethylene terephthalate,
polypropylene, polystyrene, even if accepted as recyclable
by the City's approved recyclables processing facility;
c. Single-use Food Service Ware or Food Ware
Accessories that are Compostable and not certified free of
Fluorinated Chemicals by an independent third-party
certifying organization approved by the Director, or their
designee;
d. Single-Use Food Service Ware or Food Ware
Accessories made in whole or in part from bio- or
plant-basedor other "compostable" plastic even if labeled or
certified as compostable.
2. The Director, or their designee, may adopt a list,
or reference an approved list, of suitable alternative
Compostable or Recyclable aluminiun Single-use Food
Service Ware products, which means Single-use Food
Service Ware products that serve the same intended purpose
as non-compliant products, meet the standards for what is
Compostable and/or Recyclable aluminum under this
Chapter, and are reasonably affordable. If a product is not
included or referenced on an approved list, the person using
the product as Single-use Food Service Ware will have the
burden of establishing to the Director's satisfaction that the
product complies with this Section.
3. It shall not be a violation of this Section to sell,
provide, or purchase Prepared Food or Raw Food or
Beverage packaged in Single-Use Food Service Ware
otherwise prohibited by subsection (1) if the Prepared Food
or Raw Food or Beverage is packaged outside the City and
is sold or otherwise provided to the consumer in the same
Single-use Food Service Ware in which it originally was
packaged. Businesses packaging Prepared Food outside the
City are encouraged to use Single-use Food Service Ware
that is Compostable or Recyclable aluminum, is
Compostable and free of Fluorinated Chemicals, and is not
made, in whole or in part, from Polystyrene.
C. Reusable Food Service Ware for Dining on
Premises. On or after September 6, 2023:
I. Prepared Food served for consumption on the
Prepared Food Provider's premises shall be served only on
Reusable Food Service Ware, except that disposable paper
food wrappers, sleeves, and bags, foil wrappers, paper
napkins, paper tray and plate liners, and straws shall be
permitted, so long as they meet the requirements set forth
elsewhere in this Chapter.
2. Condiments,suchassauces,ketchup,ormustard,
provided for on-site consumption, shall not be served in
disposable, individual-serving packets.
3. Consumptionisconsideredon-premisesifittakes
place at tables and/or seating provided by the Prepared Food
Provider either on its own or in conjunction with another
Prepared Food Provider.
4. New building permits and new or renewed
business licenses for Food Service Providers applied for,
and/or deemed complete after 6/1/2023 shallonly be granted
to Prepared Food Providers that can demonstrate adequate
capacity to comply with subsection C. 1.
5. This requirement does not prohibit a Prepared
Food Provider from providing, upon a customer's request,
Single-use Food Service Ware compliant with subsection
B. I for the customer to take away leftover Prepared Food
after dining on the premises.
6. Prepared Food Providers subject to the
requirements of subsection C. I that do not have onsite or
off-site dishwashing capacity, or are unable to contract for
services to wash, rinse, and sanitize Reusable Food Service
Ware, in order to comply with applicable provisions of the
California Health and Safety Code, may petition the
Director for an exemption or extension under 9. 15.120.
D. Sale or Distribution of Non-Compliant Food
Service Ware and Expanded Polystyrene Foam Coolers
Prohibited. On or after September 6, 2023:
1. No Person may sell, offer for sale, or otherwise
Distribute withinthe City any Single-use Food Service Ware
prohibited under Sections B. l.a. or B. l.d.
2. No person may sell, offer for sale, or otherwise
distribute for compensation within the City coolers, ice
chests, or similar containers made, in whole or inpart, from
Polystyrene Foam that is not wholly encapsulated or encased
within a more durable material.
3. PursuanttoSectionB.3,theDirectormayadopt,
mauitain, or reference a list of compliant products. (Ord.
22-2239, § 1 (part), 2022; Ord. 14-2116, § l (part), 2014)
9.15.120 Exemptions to the Regulation of Food
Service Ware and Polystyrene Foam Coolers
Used by Food Providers and Sold by
Retailers.
A. A Food Provider may seek an exemption from the
requirements under Section 9.15.110 due to a "unique
packaging hardship" under Subsection B of this section,
"iu'iused inventory" under Subsection C of this section,
"significant economic hardship" under Subsection D, or
request a temporary exemption to request extra time for
compliance under Subsection E.
2023 S-93
34E Regulation of Food Service Ware and Polystyrene Foam Coolers 9.15.120
B. The Food Provider must demonstrate that no
reasonably feasible alternative exists for a specific and
necessary prohibited Single-Use food service ware item to
qualify for a "unique packaging hardship" exemption.
C. The Food Provider must demonstrate that before
October 6, 2022, it purchased the prohibited food service
ware which cannot be returned to the distributor and, despite
the food vendor's best efforts, the prohibited food service
ware remains in inventory, to qualify for an "unused
inventory" exemption.
D. The Food Provider must demonstrate that the
provisions of this Chapter would cause significant economic
hardship. "Significanteconomichardship"maybebasedon,
but not limited to, demonstrating that suitable Single-use
Food Service Ware is not available at a commercially
reasonable price and the additional cost associated with
providing the Single-Use Food Service Ware is particularly
burdensome to the Food Provider based on the type of
operation(s) affected, the overall size of the
business/operation, the number, type and location of its
facilities, the impact on the overall financial resources of the
Food Provider, and other factors. Reasonable added cost for
an item required by this Chapter shall not by itself constitute
adequate grounds to support an exemption for such item. In
determining whether a significant economic hardship has
been established, the Director shall consider the following
information: ability of the Food Provider to recover the
additional expense by increasing its prices, outside funding,
and other options.
E. The Food Provider must demonstrate that for
other reasons not already stated it needs additional time to
comply with the provisions of this Chapter.
F. The Food Provider may submit a written
application for an exemptionto the Environmental Programs
Division. The Director may require the applicant to submit
additional information or documentation to make a
determination regarding the exemption request. A request
for exemption shall be reviewed on a case by case basis, and
may be granted in whole or in part, with or without
conditions, for aperiod of up to one year. The determination
of the Director shall be final and is not subject to appeal.
G. PrepackagedFooddeliveredfromoutsidetheCity
is exempt from the provisions of this Chapter.
H. Disposable Food Service Ware that is entirely
Aluminum Foil-based including, but not limited to,
aluminum trays, aluminum foil wrappers and aluminum foil
baskets, is exempt from the provisions of this Chapter.
I. Temporary exemptions due to an emergency are
automatic without the submission of a request for an
exemption. An emergency is defined as a sudden,
unexpected occurrence posing a clear and imminent danger
that requires immediate action to prevent or mitigate the loss
or impairment of life, health, property, or essential public
services. Examples of an emergency include, but are not
limited to natural disasters, emergencies due to the release
of hazardous materials, emergencies associated with loss of
power and/or water, or emergency medical response. (Ord.
23-2252, Att. A (§ 2), 2023; Ord. 22-2239, § 1 (part),
2022; Ord. 14-2116, § 1 (part), 2014)
9.15.125 Recoraeepuig and Inspection.
A. Food Providers shall keep a complete and
accurate record or documents of the purchase of Single-use
Food Service Ware evidencing compliance with this
Chapter.
B. The record shall be made available for inspection
at no cost during regular business hours to City employees
or City-designated agents authorizedto enforce this Chapter.
Unless an alternative location or method of review is
mutually agreed upon, the records or documents shall be
made available at the Food Provider address.
C. The provision of false or incomplete information,
records or documents to the city shall be a violation of this
Chapter. (Ord. 22-2239, F§ 1 (part), 2022)
9.15.130 Administrative citations and fines.
A. Grounds for an administrative citation. An
administrative citation may be issued upon findings made by
the City Manager, or his or her designee, for violation of
any provision of this Chapter.
B. Administrative citation fine amounts. Upon
findings made under subsection (A), the Person, Beverage
Provider, or Food Provider shall be subject to an
administrative citation pursuant to Chapter 1.10 of this
Code. Fines for the administrative citation are as follows:
(1) First citation: One hundred dollars ($100.00).
(2) Second citation for the same violation within the
same twelve month period: Two hundred dollars ($200.00)
(3) Third or any subsequent citation for the same
violationwithinthe sametwelvemonthperiod: Fivehundred
dollars ($500.00)
(4) Each day that any person or food vendor violates
the provisions of this Chapter is a new and separate
violation.
C. Administrative citation appeals and disposition
shall be processed in accordance with Chapter 1. 10 of this
Code. (Ord. 22-2239, § I (part), 2022; Ord. 14-2116, § 1
(part), 2014)
2023 S-93
9.15.140 Cupertino - Health and Sanitation 34F
9.15.140 Severability.
If any section, subsection, subdivision, sentence,
clause, or phrase of this Chapter is for any reason held to be
unconstitutional 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.
14-2116, § 1 (part), 2014)
I
2023 S-93
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 property 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
preventrainwater or irrigation intnision, 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
conditionof approval that will be reviewed withinthe 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 urnmust conform 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, !§ l (part), 2012; Ord. 1982,
§ 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922,
8, 1 (part), 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 uponwhich 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 conector.
4. It 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 a nimal 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 manner 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
part 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 on private property adjacent to the City right-of-way
for scheduled collection within 24 hours of such collection
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.
2023 S-93
9.18.215 Cupertino - Health and Sanitation 38L
4. Persons owning or occupying property shall
maintain the premises, including the perimeter and the City
sidewalk m 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
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. 23-2252, Att. A (§ 3),
2023; Ord. 23-2248, Att. A (part), 2023; Ord. 13-2103, !j3
(part), 2013)
9.18.220 Violation.
Any person who violates any provision of this Chapter
shall be guilty of a misdemeanor and upon conviction
diereo[ shall be punished as provided in Chapter 1. 12 of this
Code. The City may also impose re-inspection fees to the
property owner forverificationof compliance as enumerated
in the City's Public Works Fee Schedule. (Ord. 23-2248,
Att. A (part), 2023; Ord. 2088, 8, 1 (part), 2012; Ord. 1982,
§ I (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922,
§ 1 (part), 2003; Ord. 1598, § 1 (part), 1992)
9.18.230 Civil Penalty for Violation-Payment of
Fiuids to Account.
Any person who violates any provision of this Chapter
or any provision of any permit issued pursuant to this
Chapter shall be civilly 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 (j54740 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, e) l (part), 2012;
Ord. 1982, § 1 (part), 2006; Ord. 1967, e) I (part), 2005;
Ord. 1922, § 1 (part), 2003; Ord. 1598, e) I (part), 1992)
9.18.240 Civil Penalty for Illicit Discharges-Payment
of Funds to Account.
Any person who discharges pollutants, in violation of
this Chapter, by the use of illicit connections shall be civffly
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 occiu's. The City may petition the
Superior Court pursuant to Government Code !ffi 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, § l (part), 2012;
Ord. 1982, § I (part), 2006; Ord. 1967, !§ 1 (part), 2005;
Ord. 1922, 154 1 (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, e) l (part), 2006; Ord. 1967, § I (part), 2005;
Ord. 1922, § I (part), 2003; Ord. 1598, § 1 (part), 1992)
9.18.260 Administrative Penalties-Payment of F'iuids
to 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 Chapter 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, § 3 (part), 2013; Ord. 2088, Ffi 1 (part), 2012;
Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005;
Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)
2023 S-93
38M Stormwater Pollution Prevention and Watershed Protection 9.18.270
9.18.270 Severability.
If any section, subsection, subdivision, sentence,
clause, or phrase of this Chapter is for any reason held to be
unconstitutional 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, 8, l (part), 2012;
Ord. 1982, 8, l (part), 2006; Ord. 1967, § 1 (part), 2005;
Ord. 1922, 8, 1 (part), 2003)
2023 S-93
Cupertino - Health and Sanitation 38N
[Next printed page is 38S.]
,"l
9.22.010
CHAPI'ER 9.22: PROPERTY aNANCE
Section
9.22.010 Purpose.
9.22.020 Unlawful acts.
9.22.030 Penalties.
9.22.040 Enforcement of other laws unaffected.
9.22.050 Notice to Franchise Tax Board.
9.22.060 Substandard housing conditions prohibited.
9.22.010 Purpose.
The purpose of this chapter is to promote the health,
safety and welfare of the people of the City of Cupertino,
and to protect the City's neighborhoods against blighting and
deteriorating influences or conditions that contribute to the
downgradingofneighborhoodaesthetics andpropertyvalues
by establishing rninirnum standards, in addition to standards
contained in other laws, rules and regulations, for the
maintenance of all building exteriors, premises and vacant
land. (Ord. 2165, § 1 (part), 2017; Ord. 2025, (part),
2008; Ord. 1793, (part), 1998)
9.22.020 Unlawful Acts.
Except for any property which has a valid permit to
maintain such a condition, no owner(s), agent(s) or lessee(s)
or other person(s) occupying or having control of any real
property (including City property) wit?m the City shall
maintain or allow to be maintained any of the following
conditions except as allowed in Table 9.22.020:
Table 9.22.020
Uidawful Acts
In any front, side or rear yard areas
visible from a public street or
sidewalk
A. Storage or placement of any of the following that could be unsightly
and/or constitute an attractive nuisance:
1. Household appliances, equipment, macery, or furniture, other
than that designed and used for outdoor activities, including, but
not limited to, refrigerators, washing machines, sinks, stoves,
heaters, boilers, tanks, or any part of any listed item;
Not Allowed in excess of 72 hours
2. Loose materials, including but not limited to, sand dirt, gravel,
concrete or any similar materials;
Not Allowed, except if screened with
temporary construction fencing while
permitted, active and continuous,
construction is occurring on the
property
3. Building materials, including but not limited to, lumber, fixtures,
or salvage materials recovered during demolition;
Not Allowed, except if screened with
temporary construction fencing while
permitted, active and continuous,
construction is occurring on the
property
4. Temporary fencing;Not Allowed, except while permitted,
active and continuous, construction is
occurring on the property
2023 S-93 47
9.22.020 Cupertino - Health and Sanitation 48
I
Uidawful Acts
In any front, side or rear yard areas
visible from a public street or
sidewalk
5. Storage containers and similar items;Not Allowed on more than two (2)
occasions in a twelve-month period,
and not more than fifteen (15) days on
each occasion, separated by at least 60
days.
B. An accumulation of:
1. Glass, paper, metal, plastic, or other recyclables Not Allowed
2. Litter, junk, machine parts, scrap material, waste paper, boxes
and cartons, packing materials, combustible trash, tires, or
vehicle parts;
Not Allowed
C. Dead, decayed, or diseased trees, weeds, or other vegetation likely to
cause a fire or health hazard, an infestation, or a habitat for rodents;
Not Allowed
D. A lack of adequate landscaping, or groundcover sufficient to prevent
bIowing dust and erosion;
Not Allowed
E. Tree stump(s) with a trunk diameter greater than six inches and a
height of greater than 2.5 feet. As used herein "tree sffimp" means the
base part of a tree or the trunk protruding above ground in which 90%
or more of the foliage or canopy of the tree has been removed. This
prohibition applies to all tree stumps in the City including those
described in Chapter 14. 12 (Street Trees) and in Chapter 14.18
(Protected Trees). Excepted from this prohibition are trees which are
pollarded in accordance with the American National Standards Institute
(ANSI) A300-2001 standards.
Not Allowed
F. Maintenance of any structure in a state of substantial deterioration,
where such condition would have a tendency to depreciate the aesthetic
and property values of surrounding properties, including but not limited
to, peeling paint on a fagade, broken windows, damaged porches,
broken steps, roofs in disrepair, and other such deterioration or
disrepair not otherwise constituting a violation;
Not Allowed
(Ord. 2165, el 1 (part), 2017; Ord. 2025, (part), 2008; Ord. 1793, (part), 1998)
9.22.030 Penalties.
Any person who violates the provisions of this chapter
shall upon conviction by guilty of an infraction punishable
in accordance with the provisions of Chapter 1. 12. (Ord.
2165, § l (part), 2017; Ord. 2025, (part), 2008; Ord. 1793,
(part), 1998)
9.22.040 Enforcement of Other Laws Unaffected.
Nothing in this chapter affects the power of the City
or authorizedlaw enforcementofficers toprosecuteviolators
of any statute of the State of California or other ordinances
of the City (including the provisions of Chapter 1.09 and
Section 1.12.030 regarding nuisance abatement.) (Ord.
2165, § 1 (part), 2017; Ord. 2025, (part), 2008; Ord. 1793,
(part), 1998)
9.22.050 Notice to Franchise Tax Board.
If a property owner fails to correct a violation relating
to substandard housing within six months or the time
prescribed in a written notice of violation, whichever is
later, the City Manager or his designee may submit a notice
2017 S-62
49 Property Maintenance 9.22.050
of noncompliance to the Franchise Tax Board to prohibit
individuals, banks and corporations from claiming
deductions for interest, taxes, depreciation or amortization
with respect to the substandard housing pursuant to the
provisions of Sections 17274 and 24436.5, as applicable, of
the California Revenue and Taxation Code. (Ord. 2165, !§ l
(part), 2017; Ord. 2025, (part), 2008; Ord. 1793, (part),
1998)
9.22.060 Substandard Housing Conditions Prohibited.
(A) No property owner(s), agent(s), lessee(s),
responsible party, any other person(s) or entity having
control of, or control over the occupancy of any real
property (including City property) within the City shall
maintain or allow to be maintained any of the following
conditions:
(1) Any building, residence and/or structure, or
portion thereof, used for human occupancy in substandard
condition, as defined by California Health and Safety Code
section 17920.3 et seq.
(2) Any building, residence and/or structure, or
portion thereof, used for human occupancy to create a
hazardous condition or environment, as defined by
California Health and Safety Code section 17920.10 et seq.
(B) Fees.
(1) Upon receiving a formal notification of any
substandard housing violations in accordance with Chapter
1. 10, the owner(s), agent(s), lessee(s), responsible party(s),
and any other person(s) or entity having control of, or
control over the occupancy of any real property shall be
jointly responsible to cure the violations by completing any
required corrective actions or measures as listed and shall be
jointly and severally liable for any liability arising from a
violation of this section.
(2) Upon deadline lapse and after one (l)
re-inspection after which there was no progress noted, the
City Manager or their designee may require a re-inspection
fee, which may be established by a resolution of the City
Council.
(3) Nothing herein shall preclude the City Council
from imposing additional fees to pay the cost of
administering this section; provided, however, that no fee
shall be charged for the inspection of or any inspection
report about any property done or prepared pursuant to this
section unless the inspection reveals one or more material
violations of Health & Safety Code section 17920.10 or
deems and declares the property substandard pursuant to
Health & Safety Code section 17920.3.
(C) Enforcement. Notwithstanduig the provisions of
section 9.22.030, any person who violates the provisions of
this section shall be subject to enforcement under Chapter
1. 10, including but not limited to section 1. 10.070(C), and
to prosecution under Chapter 1. 12. (Ord. 23-2250, e) 1,
2023)
2023 S-93
Cupertino - Health and Sanitation 50
15.04.010
CHAPTER 15.04: WATERWORKS SYSTEM-RATES AND CHARGES
Section
15.04.010
15.04.020
15.04.030
15.04.040
15.04.050
Definitions.
Rates and charges-General
prOVlSIOnS.
Procedure for establishing or
modifying rates and charges.
Exceptions.
Appeals.
15.04.010 Definitions.
The following terms whenused in this chapter have the
following respective meanings:
A. "City" means the City of Cupertino.
B. "Customer" means any person, firm, company,
corporation, partnership, association, the City, any public
corporation, political subdivision, city, county, district, the
State of California or the United States of America, or any
department or agency of any thereof, who uses water
furnished by the water system.
C. "Council" means the City Council of the City.
D. "Lease" means that certain lease entered into on
October 1, 1997 between the City and San Jose Water
Company, a California corporation whereby the City water
system was leased for a period of twenty-five years, or any
subsequent lease of the City water system entered into by the
City.
E. "Water"meanswaterfurnishedthroughthewater
system.
F. "Water facilities" means existing water system
equipment and appurtenances.
G. "Water provider" means the San Jose Water
Company or any subsequent lessee of the City water system.
H. "Water service" means the services, facilities and
water furnished or available to premises by the water
system.
I. "Water system" means the enterprise system for
the supply, treatment, storage, transmission and distribution
of water, including lines, easements, reservoirs, water
rights, water tanks, water mains, wells, pumps, pumping
equipment, storage, treatment, transmission and distribution
facilities, and other works, properties or structures
necessary or convenient as more specifically described in
Exhibit B attached to the lease.
J. "Servicearea"meanstheterritoryservicedbythe
water system as described in the lease. (Ord. 23-2252, Att.
A (§ 4), 2023; Ord. 1776, (part), 1998)
15.04.020 Rates and Charges-General Provisions.
A. All rates and charges imposed by the water
provider upon customers of the water system for water
services shall be approved by the City Council, which
approval shall not be unreasonably withheld. Any
disapproval of rates and charges proposed by the water
provider shall state the reason therefor.
B. In determining reasonable rates and charges, the
Councilshallconsiderallrelevantinformation, includingthe
California Public Utilities Commission approved rates in
similar, nearby municipalities. (Ord. 1776, (part), 1998)
15.04.030 Procedure for Establishing or
Modifying Rates and Charges.
A. Upon written request of the water provider or
upon the City's own request, the City Clerk shall set a
public hearing before the City Council to be held within
sixty days of such request for the purpose of establishing
rates and charges or modifying rates and charges. Such
request must be acted upon by the City Council within such
sixty-day period, unless water provider agrees in writing to
an extension of such period.
B. Notice of such public hearing shall be published,
at water provider's sole cost, pursuant to Government Code
Section 6066.
C. In addition, the water provider shall provide
mailed notice of such public hearing to all customers at least
fourteen days prior to the hearing. Such mailed notice may
be included in the same mailing as the water provider's
billing notices. (Ord. 1776, (part), 1998)
15.04.040 Exceptions.
A. Notwithstanding the foregoing, and without
adhering to the procedure described in Section 15.04.030,
the water provider may, upon written notice to the City,
pass through to customers in the water service area, in a
manner substantially similar to that permitted by the
California Public Utilities Commission, any increase or
3
2023 S-93
15.04.040 Cupertino - Water and Sewage
decrease in the cost of water or power (to the extent not
already reflected in rates), as well as any new city-imposed
fees, charges, taxes, license or permit fees, so long as the
water provider promptly passes through in a manner
substantially similar to thatprovided by the California Public
Utilities Commission any decreases in water or power costs.
The water provider shall, at City's request, provide City
with all information which documents any modifications in
the costs of water and power.
B. Water provider may, without adhering to the
procedure described in Section 15.04.030 impose
conservation or rationing penalties on those customers
exceeding their allocations in the event of mandatory water
rationing involving penalties imposed by the Santa Clara
Valley Water District.
C. Without adhering to the procedures described in
Section 15.04.030, the water provider may forthwith reduce
any rate, charge, surcharge, or penalty. (Ord. 1776, (part),
1998)
15.04.050 Appeals.
Any customer shall have the right to appeal the
imposition of any water rate, charge, surcharge, or penalty
by the water provider on him or her at any time within thirty
days from the date that a final determination of such rate,
charge, surcharge, or penalty is made in writing by the
water provider.
Any such appeal shall be filed in writing with the City
Clerk specifying the specific grounds for the appeal. The
City Clerk shall, within ten days thereafter, set the appeal
on the City Council agenda for hearing and consideration.
Notice of such hearing shall be provided to both the
appellant and the water provider at least ten days prior to the
hearing. Such notice shall be provided by first class mail,
postage pre-paid.
The Cit5r Council, after hearing on the appeal, may
reverse, sustain, or modify the final determination of the
water provider. (Ord. 1776, (part), 1998)
2023 S-93
16.72.010
CHAPTER 16.72: RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION WASTE
Section
16.72.010
16.72.020
16.72.030
16.72.040
16.72.050
16.72.060
16.72.070
Findings of the City Council
Definitions
Covered Projects
Diversion Requirements
Information Required Before
Issuance of Permit
Administrative Fee
Reporting
16.72.010 Findings of the City Council.
A. Under California law as embodied in the
California Waste Management Act of 1989 (California
Public Resources Code Sections 40000 et seq.), the city is
required to prepare, adopt and implement source reduction
and recycling plans to reach landfill diversion goals, and is
required to make substantial reductions in the volume of
waste materials going to the landfffls;
B. In order to meet these goals it is necessary that
the city promote the reduction of solid waste, and reduce the
stream of solid waste going to landfills; and
C. Waste from construction, demolition, and
renovationof buildings represents a significantportionofthe
volume of waste presently coming from the city and much
of this waste is particularly suitable for recycling and reuse;
D. The city's commitment to the reduction of waste
requires the establishment of programs for recycling and
salvaging of construction and demolition (C&D) waste.
(Ord. 17-2164, 2017; Ord. 2070 § l (part), 2010; Ord. 2022
(part), 2008)
16.72.020 Defuiitions.
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.
1. "Applicant" means any individual, firm, limited
liability company, association, partnership, political
subdivision, government agency, municipality, industry,
public or private corporation, or any other entity whatsoever
who applies to the City for the applicable permits to
undertake construction, demolition, or renovation project
within the City.
99
2. "California Green Building Standards Code"
means the latest California Green Building Standards Code
as adoptedper Cupertino Municipal Code Section 16.58.010
with all local amendments as set forth in Chapter 16.58.
3. "Construction" means the building of any facility
or structure or any portion thereof including tenant
improvements to an existing facility or structure.
4. "Construction" and "demolitiondebris" or "C&D
debris" means materials resulting from the construction,
remodeling, or demolition of buildings of other stnictures.
"Construction and demolition debris" includes, but is not
limited to, asphalt, rock and dirt related to construction,
remodeling, repair, or demolition operations on any
pavement, house, commercial building, or other structure.
5. "Covered project" means project meeting the
specifications of § 16.72.030 of this section.
6. "Demolition" means the decimating, razing,
ruining, tearing down or wrecking of any facility, structure,
pavement or building, whether in whole or in part, whether
interior or exterior.
7. "Director of Public Works" shall be the Director
of Public Works and his or her duly authorized agents and
representatives.
8. "Divert" means to reuse material so it is not
disposed of in a landffll or incinerated.
9. "Diversion requirement" means the diversion of
a percentage, as determined from time to time by the
Director of Public Works or the amounts, criteria and
requirements specified in the applicable California Green
Building Standards Code, whichever is more restrictive, of
the total construction and demolition debris generated by a
project via reuse or recycling.
10. "Project" means any activity, which requires an
application for a building or demolition permit, or any
similar permit from the city.
11. "Recycling" means the process of collecting,
sorting, cleansing, treating, and reconstituting materials that
would otherwise become solid waste, and returning them to
the economic mainstream in the form of raw material for
new, reused, or reconstituted products which meet the
quality standards necessary to be used in the marketplace.
2017 S-62
16.72.020 Cupertino - Buildings and Construction 100
12. "Renovation" means any change, addition, or
modification in an existing structure.
13. "Reuse" means further or repeated use of
construction or demolition debris.
14. "Salvage" means the controlled removal of
construction or demolition debris from a permitted building
or demolition site for the purpose of recycling, reuse, or
storage for later recycling or reuse.
15. "Waste Management plan" means, collectively,
a plan and all related reporting documentation prepared in a
format approved by the Director of Public Works, that
fulfills the recycling reporting requirements specified in the
applicable California Green Building Standards Code.
Copies of supporting documentation shall be required and
included as a part of the final construction and demolition
debris recycling reporting. (Ord. 17-2164, 2017; Ord. 2070
F3 1 (part), 2010; Ord. 2022 (part), 2008)
16.72.030 Covered Projects.
A. All construction, demolition and renovation
projects within the City that are subject to the criteria and
requirements specified in the applicable California Green
Building Standards Code shall comply with this section.
B. Compliance with this chapter shall be listed as a
condition of approval on any building or demolition permit,
or any similar permit issued for a covered project. (Ord.
17-2164, 2017; Ord. 2070 § l (part), 2010; Ord. 2022
(part), 2008)
16.72.040 Diversion Requirement.
A. Applicants for any covered project are required
to recycle or divert at least sixty-five percent (65 %), or meet
the amounts, criteria and requirements specified in the
applicable California Green Building Standards Code,
whichever is more restrictive, of all materials generated for
discard by the project.
B. IfanApplicantforaCoveredProjectexperiences
circumstances thatthe Applicant believes make it impossible
to comply with the Diversion Requirement, the Applicant
shall submit written justification with the Waste
Management Plan. The Director of Public Works wffl
determine, in writing, whether any diversion requirements
shall be waived in whole or in part on grounds of
impracticabiIity or impossibility (Ord. 17-2164, 2017;
Ord. 2070 § 1 (part), 2010; Ord. 2022 (part), 2008)
16.72.050 Information Required Before Issuance
of Permit.
Every applicant shall submit a properly completed
waste management plan on a form approved by the Public
Works Director, as a portion of the building or demolition
permit application process for a covered project.
A. The vendor that the applicant proposes to use to
haul the materials must be consistent with the franchise
currently in effect pursuant to the provisions of Chapter
6.24;
B. Approval by the Director of Public Works, or
designee, of the waste management plan as complying with
the applicable California Green Building Standards Code
shall be a conditionprecedent to the issuance of any building
or demolition permit for a covered project. (Ord. 23-2252,
Att. A (§ 5), 2023; Ord. 17-2164, 2017; Ord. 2070 e) l
(part), 2010; Ord. 2022 (part), 2008)
16.72.060 Administrative Fee,
As a condition precedent to the issuance of any
building or demolition permit for a covered project, the
applicant shall pay to the City any required deposit and any
required application fee as set forth in the municipal fee
schedule. (Ord. 17-2164, 2017; Ord. 2070 F§ I (part), 2010;
Ord. 2022 (part), 2008)
16.72.070 Reporting.
Within 60 days after the completion of any covered
project, the applicant shall submit to the Public Works
Director or designee a construction and demolition debris
recycling report, demonstrating that the applicant has met
the diversion requirement for the project. Failure to comply
with the reporting requirement may delay approval of the
final inspection or the recovery of any bond or deposit held
by the city. (Ord. 17-2164, 2017; Ord. 2070 e) I (part),
2010; Ord. 2022 (part), 2008)
t
ii
(l
2023 S-93
Comprehensive Ordinance List
Ord. No.
16-2155
16-2156
16-2157
16-2158
16-2159
16-2160
17-2161
17-2162
Repealing and replacing Chs. 16.02,
16.04, 16.06, 16.16, 16.20, 16.24,
16.40, repealing Ch. 16.42, amending
§§ 16.58.010, 16.58.015, 16.58.040,
16.58.100 and 16.80.040 regarding
California building, residential,
electrical, mechanical, plumbing,
energy, historical, fire, existing
building, and greed building standards
codes (16.02, 16.04, 16.06, 16.16,
16.20, 16.24, 16.40, 16.42, 16.54,
16.58, 16.80) (Chs. 16.02, 16.04,
16.06, 16.16, 16.20, 16.24, 16.40,
§§ 16.54.010, 16.58.010, 16.58.015,
16.58.040 and 16.58.100 repealed by
Ord. 19-2189; % 16.58.010,
16.58.015, 16.58.040, 16.58.100
repealed by Ord. 19-2193)
An interim urgency ordinance
establishing a temporary moratorium on
the establishment, expansion, or
relocation of payday lending and check
cashing businesses pending completion
of an update to the zoning code (Not
Codified)
Amends § 19.08.030 regarding
definitions (19.08)
Amends Ch. 8.07 and Table 19.20.020
regarding beekeeping (8.07, 19.20)
Amends §§ 19.08.030, Table
19.20.020, 19.24.040, 19.52.020, and
Ch. 19. 112 regarding accessory
dwelling units (19.20, 19.24, 19.52 and
19.112)
An interim urgency ordinance
establishing a temporary moratorium on
non-medical marijuana dispensaries,
mariiuana cultivation and cultivation
facilities, cotnmercial caru'iabis activities
and marijuana transport and deliveries
pending completion of an update to the
zoning code (Not Codified)
Amends §§ 11.08.160 and 11.08. 180
regarding restrictions on bicycles
(11.08)
Amends Table 19.12.030,
§§ 19.12.080, 19.12.090, 19.12.110,
Tables 19.20.020, 19.28.040, and
§ 19.28.050 regarding zoning
administration, permitted and
conditional uses, and single story
overlay district process (19. 12, 19.20,
19.28)
Ord. No.
17-2163
17-2164
17-2165
17-2166
17-2167
17-2168
17-2169
17-2170
18-2171
18-2172
Amends 11.27. 145 regarding
preferential parking zones (11.27)
Amends §§ 16.72.010 through
16.72.070 regarding recycling and
diversion of construction and
demolition waste (16.72)
Amends §§ 9.22.010 through
9.22.050, 19.08.030, 19.12.030,
19.12.080, 19.12.100, 19.12.110,
19.24.050, 19.28.070, 19.36.070,
Tables 19.40.050, 19.40.060,
19.60.030, and 19.64.020, and
19.112.030, and §§ 19.116.030
tmough 19.116.060 regarding property
maintenance, administration, accessory
dwelling units, definitions, agricultural
and agricultural-residential zones,
multiple-family residential zones,
residential hillside zones, general
commercial zones, permitted,
conditional and excluded uses, and
conversions of apaent projects to
common interest developments (9.22,
19.08, 19.12, 19.24, 19.28, 19.36,
19.40, 19.60, 19.64, 19.112, 19.116)
Amendments to zoning map cliange
(Not Codified)
An interim urgency ordinance
extending Ordinance 16-2153 and a
temporary moratorium on non-medical
marijuana dispensaries, marijuana
cultivation and cultivation facilities,
commercial cannabis activities and
marijuana transport and deliveries
pending completion of an update to the
zoning code (Not Codified)
Add Ch. 14.02, Transportation Impact
Fee Program (14.02)
Adds Ch. 10.84, amends § 19.08.030,
and repeals and replaces Ch. 19.98,
regarding medicinal and adult use of
marijuana (10.84, 19.08, 19.98)
Amends §§ 19.08.030 and 19.112.020,
title of Ch. 19. 112, and Table
19. 112.030, regarding accessory
dwelling units in R-I, RHS and A-1
zones (19.08, 19.112)
Amends § 2.80.010, regarding the
Fine Arts Commission (2.80)
Adds Ch. 10.05, Social Host
Responsibility (10.05)
2020 S-77 Repl.
Cupertino - Comprehensive Ordinance List 46
Ord. No.
18-2173
18-2174
18-2175
18-2176
18-2177
18-2178
18-2179
18-2180
18-2181
19-2182
19-2183
19-2184
19-2185
19-2186
Amends E§ 2.48.020 and adds
§ 2.48.040 regarding the Department of
Public Works (2.48)
Amends §§ 3.12.010 through 3. 12.030
and 3.12.050 through 3.12.140
regarding transient occupancy tax (3. 12)
Amends Table 19. 12.030 and Ch.
19.148 regarding required artwork in
public and private developments (19. 12,
19. 148)
Amends e) 11.27. 145 regarding
preferential parking zones (11.27)
Amends §§ 19.12.030, 19.16.010, and
20.04.040 regarding adoption and
implementation of Vallco Town Center
Specific Plan (19.12, 19.16, 20.04)
Rezone (Special)
Approves development agreement
between city and Vallco Property
Owner, LLC (Special) (Repealed by
19-2184)
Repeals E§ 2.40.030 and amends
§§ 2.32.020, 2.32.060, 2.36.020,
2.36.070, 2.36.080, 2.60.020,
2.60.060, 2.68.020, 2.68.060,
2.74.020, 2.74.050, 2.80.020,
2.80.070, 2.84.020, 2.84.070,
2.86.030, 2.86.090, 2.88.030,
2.88.090, 2.90.080, 2.92.020,
2.92.070, 2.94.020 and 2.94.070
regarding terms of office and records
for various City Commissions (2.32,
2.36, 2.40, 2.60, 2.68, 2.74, 2.80,
2.84, 2.86, 2.88, 2.90, 2.92 and 2.94)
Adds Ch. 2.95, Teen Commission
(2.95)
Amends F§ 2.80.010 regarding the
number of members of the Fine Arts
Commission (2.80)
Adds Ch. 3.38 regarding clean water
and storm protection fee (3.38)
Repeals Ord. 18-2179 that approved a
development agreement between the
city and Vallco Property Owner, LLC
Amends §§ 2.86.010 and 2.86.020
regarding the Housing Commission
(2.86)
Approving development agreement for a
new hotel located at 10801 and 10805
North WoIfe Road (Special)
Ord. No.
19-2187
19-2188
19-2189
19-2190
19-2191
19-2192
19-2193
19-2194
20-2195
20-2196
20-2197
20-2199
Amends §§ 19.12.030, 19.16.010,
19.16.030, 19.16.060, and 19.80.030
regarding P(R3,CG) mixed use planned
development and removing references
to Vallco Town Center Specific Plan
(19.12, 19.16, 19.80)
Rezoning certain land (Not Codified)
Repeals and replaces Ch. 16.02, 16.04,
16.06, 16.16, 16.20, 16.24, 16.40,
16.54, §§ 16.58.010, 16.58.015,
16.58.040 and 16.58.100; adds Ch.
16.62, 16.64, 16.68, California
building codes (16.02, 16.04, 16.06,
16.16, 16.20, 16.24, 16.40, 16.54,
16.58, 16.62, 16.64, 16.68) (Ch. 16.54
and % 16.58.010, 16.58.015,
16.58.040 and 16.58. 100 repealed by
19-2193)
Adds Ch. 5.50; repeals Ch. 10.27,
regulating sale of tobacco products
(5.50, 10.27) (Ch. 5.50 repealed by
20-2197)
Amends Ch. 19.80, planned unit
development (PUD) zones, (19.80)
Amends Ch. 13.08 and 19.24, park land
dedications and fees in lieu thereof
(13.08, 19.24)
Repeals and replaces Ch. 16.54, energy
code and Ch. 16.58, green building
standards code (16.54, 16.58)
An interim emergency ordinance
Approving just cause eviction
protections and rental rate limits (Not
Codified)
Approves development agreement for a
new hotel located at 10931 N. De Anza
Boulevard (Special)
Repeals 2.08.010, adoption of Council
rules (2.08)
Repeals and replaces Ch. 5.50,
regulating the sale of tobacco products
(5.50) (Replaced by 23-2251)
Amends 19.08.030, 19.20.020 and Ch.
19.112, zoning definitions, uses,
accessory dwelling units (19.08, 19.20,
19.112)
li
2023 S-93
Comprehensive Ordinance List
Ord. No.
22-2245
22-2246
23-2247
23-2248
23-2249
23-2250
23-2251
23-2252
Amends Ch. 16.02, 16.04, 16.06,
16.16, 16.20, 16.24, 16.28, 16.32,
16.40, 16.42, 16.54, 16.58, 16.62,
16.64, 16.68, updating building and
construction codes (16.02, 16.04,
16.06, 16.16, 16.20, 16.24, 16.28,
16.32, 16.40, 16.42, 16.54, 16.58,
16.62, 16.64, 16.68)
Amends §§ 18.20.170, 19.08.030,
19.12.030, 19.12.110, 19.12.170,
19.28.040, 19.28.060, 19.28.150,
19.40.050, 19.40.060, 19.40.090, and
19.112.060; to adopt standards for
ministerial approval of duplexes and lot
splits in single-family residence districts
(18.20, 19.08, 19.12, 19.28, 19.40,
19.112)
Amends §§ 2.32.070, 2.88.100,
9.20.090, 9.20.110, 19.08.030,
19.12.030, 19.12.120, 19.12.130,
19.12.150, 19.28.040, 19.28.130,
19.104.140, 19.104.150, 19.104.160,
19.104.170, 19.104.180, 19.104.190,
and 19.124.050, repeals Chs. 2.84,
2.90, 2.96, and §§ 9.20. 100 and
19.12.050, and adds Ch. 17.02; to
amend city commissions and committees
(2.32, 2.84, 2.88, 2.90, 2.96, 9.20,
17.02, 19.08, 19.12, 19.28, 19.104,
19.124)
Amends Ch. 9. 18, amending
stormwater pollution prevention and
watershed protection provisions, repeals
§ 9. 18.110 (9.18)
Amends Ch. 2. 100, updating regulation
of lobbying activities, repeals
8, 2. 100. 170 and renumbers !) 2. 100. 180
accordingly (2. 100)
Adds § 9.22.060, prohibiting
substandard housing conditions (9.22)
Replaces Ch. 5.50, regulating the sale
of tobacco products (5.50)
Amends §§ 1.18.020, 9.15.120,
9.18.215, 15.04.010, and 16.72.050,
for minor revisions to reflect changes in
law, for clarification, and for improved
customer service and administration
(1.18, 9.15, 9.18, 15.04, 16.72)
2023 S-93
Cupertino - Comprehensive Ordinance List 50
l,) , a
13 hidex
FIREWORKS
Definitions 10.24.010
Exceptions 10.24.030
Prohibitions 10.24.020
Violation, penalty 10.24.080
FLOOD DAMAGE PREVENTION
Abrogation and greater restrictions 16.52.014
Anchoring 16.52.041
Appeal, variance
Appeal Board 16.52.062
variance conditions 16.52.061
Appeals, generally 16.52.030
Applicability of provisions 16.52.011
Basis for establishing the areas of special flood
hazard 16.52.012
Compliance 16.52.013
Construction
materials and methods 16.52.042
standards 16.52.040
Definitions 16.52.010
Development permit 16.52.022
Elevation and floodproofing 16.52.043
Floodplain Administrator
designation of 16.52.020
duties and responsibilities of 16.52.021
Floodway restrictions 16.52.055
Interpretation 16.52.015
Liability disclaimer 16.52.016
Manufactured homes, standards for 16.52.053
Recreational veicles, standards for 16.52.054
Statutory authorization 16.52.001
Subdivisions and other proposed development,
standards for 16.52.045
Utilities, standards for 16.52.044
Variances
Appeal Board 16.52.062
conditions for 16.52.061
Warning and disclairner of liability 16.52.016
FOOD EST ABLISHMENT
See RESTAURANT
FOOD SERVICE WARE AND POLYSTYRENE
FOAM COOLERS USED BY FOOD PROVIDERS
AND SOLD BY RETAILERS
Administrative citations and fines 9. 15. 130
Definitions 9. 15.100
Purpose 9.15.090
Recordkeeping and inspection 9. 15. 125
Regulation 9.15.110
Exemptions 9. 15. 120
Severability 9.15. 140
FRANCHISE
Cable television
See CABLE AND WDEO SERVICES
California water service
designated 6. 16.010
gross annual receipts, percentage payment to
city 6.16.050
mau'itenance
notice 6.16.020
required 6.16.030
term 6. 16.040
Cupertino garbage company
See GARBAGE
Electricity
definitions 6.08.010
designated 6.08.020
granting authority 6.08.070
gross receipts
percentage payment to city 6.08.050
total, report required 6.08.060
maintenance requirements 6.08.030
term 6.08.040
Garbage
See GARBAGE
Gas
definitions 6. 12.010
designated 6. 12.020
grantingauthority 6.12.070
gross receipts
percentage payment to city 6. 12.050
total, report required 6. 12.060
maintenance requirements 6. 12.030
term 6. 12.040
Pacific Gas and Electric Company
See Electricity
See Gas
San Jose waterworks
designated 6.20.010
gross annual receipts, percentage payment to
city 6.20.050
maintenance
notice 6.20.020
required 6.20.030
term 6.20.040
Solid waste
See GARBAGE
Water
See California water service
See San Jose waterworks
FUND
Investment 2.24.050
Special gas tax street improvement
See SPECIAL GAS TAX STREET
IMPROVEMENT FUND
2023 S-93
Cupertino - Index 14
-G -
GARAGE, PATIO SALE
Definitions 5.16.020
Enforcement 5. 16.060
Findings 5.16.010
Goods display 5.16.050
Limitation 5. 16.030
Sign
See also SIGN
regulations generally 19.104.250
restrictions 5. 16.040
Violation
penalty 5.16.070
presumption 5.16.041
GARBAGE
Administration, enforcement, regulations adoption
6.24.230
Burning, restrictions 6.24.090
Collection
See also Specific Subject
unauthorized, prohibited 6.24.200
Collection service
See also Recycling
charges for 6.24. 150
commencement, time limits 6.24.040
entitlement to collect for 6.24.160
See also Delinquent account
franchise
grant, scope, authority 6.24.120
interference prohibited 6.24.210
mandatory, owner responsibilities 6.24.030
unauthorized use prohibited 6.24.220
Container
inappropriate, additional charges when
6.24.080
standards, use regulations 6.24.070
Definitions 6.24.020
Delinquent account
notification 6.24.170
remedies for 6.24.180
Disposal
explosive, hazardous materials 6.24.100
frequency 6.24.050
methods designated 6.24.060
unauthorized 6.24. 110
Franchise
See Collection service
Purpose of provisions 6.24.010
Recycling
mandatory edible food recovery 6.24.038
mandatory non-organic recycling for businesses
6.24.035
mandatory organic waste disposal reduction
6.24.037
mandatory solid waste collection service,
exemption procedures 6.24.031
Recycling center, operation, use 6.24.190
Violation, penalty 6.24.240
GAS
See FRANCHISE
TOXIC GASES
GENERAL PENALTY AND CRIMINAL
ENFORCEMENT
See PENALTY AND CRIMINAL
ENFORCEMENT, GENERAL
GENERAL PLAN
See LAND DEVELOPMENT PLANNING
GLASS AND LIGHTING ST ANDARDS
Applicability of regulations 19. 102.020
Bird-safe development requirements 19. 102.030
Outdoor lighting requirements 19.102.040
Purpose 19.102.010
GOAT
See ANIMAL
GRADING
See EXCAVATION
GRAFFITI
Abatement
generally 10.60.050
procedure 10.60.060
stayed during prosecution 10.60.070
Definitions 10.60.030
Nuisance declared 10.60.020
Prohibited 10.60.040
Purpose of provisions 10.60.010
Remedies cumulative 10.60.080
Violation, penalty 10.60.090
11/: --
2021 S-84
23 Index
Employer-employee relations 2.52.280
Employment continuation 2.52.490
Federal, state, city laws, authority 2.52.340
Grievance processing procedure 2.52.420
Impasse procedures 2.52.410
Jurisdiction A
classification plan
provisions included 2.52.160
purpose 2.52.140
scope of coverage, adoption
2.52.150
payplan 2.52.180
Jurisdiction B
provisions included 2.52.240
purpose 2.52.220
scope of coverage, adopted 2.52.230
Jurisdiction C
provisions included 2.52.270
purpose 2.52.250
scope of coverage, adopted 2.52.260
Jurisdictions
designated 2.52.040
exclusions 2.52.050
exemptions 2.52.060
Legislative intent 2.52.030
Meet and confer in good faith
advance notice required 2.52.440
exclusions 2.52.400
memorandum of understanding 2.52.430
scope 2.52.380
Municipal employee relations officer
designated 2.52.320
Purpose 2.52.010
Repeal of prior provisions 2.52.070
Retirement
See Specific Subject
See Purpose
Rules, regulations
adoption 2.52.330
adoption, effectiveness 2.52.130
scope, applicability 2.52.120
State law applicability 2.52.370
System adopted 2.52.020
Written agreements, effect 2.52.360
PISTOL
See FIREARM
PLANNING COMMISSION
Chairman, election 2.32.040
Established 2.32.010
Meetings
amendments, records 2.32.060
procedure 2.32.050
Member
terms of office 2.32.020
vacancy, removal 2.32.030
Powers, functions 2.32.070
Procedural rules 2.32.080
PLANNING DIRECTOR
Bingo license applicant investigation 5.32.220
PLUMBING CODE
Adoption of 2022 California Plumbing Code based
on the 2021 Uniform Plumbing Code
16.20.010
Adoption of appendix chapters 16.20.015
Name insertion 16.20.020
POLICE
See SHERIFF
POLICE ALARM
See ALARM
POLLUTION
See WATERCOURSE POLLUTION
PREVENTION
POLYSTYRENE FOAM SERVICE WARE
See FOOD SERVICE WARE AND
POLYSTYRENE FOAM COOLERS USED
BY FOOD PROVIDERS AND SOLD BY
RET AILERS
PRELIMINARY SOIL REPORT
See BUILDING
PRIV ATE SCHOOL
Business license
See also BUSINESS LICENSE
fee 5.04.420
PROPERTY MAINTENANCE
City powers 9.22.040
Franchise Tax Board, notice 9.22.050
Penalties 9.22.030
Prohibited acts 9.22.020
Purpose of provisions 9.22.010
Substandard housing conditions prohibited 9.22.060
PROPERTY MAINTENANCE CODE Ch. 16.42
2023 S-93
Cupertino - Index 24
PUBLIC AND PRIV ATE DEVELOPMENTS, ART
REQtJIREMENTS
See ARTWORK, REQUIRED IN PUBLIC AND
PRIV ATE DEVELOPMENTS
PUBLIC SAFETY COMMISSION
Compensation, expenses 2.60.050
Duties, responsibilities 2.60.070
Effect 2.60.080
Established 2.60.010
Meetings, quorum, officers, staff 2.60.040
Members
terms of office 2.60.020
vacancy removal 2.60.030
Records 2.60.060
PUBLIC WORKS CONTRACTS
Award, criteria
lowest bid rejection, effect 3.23.100
lowest responsible bidder 3.23.070
Bid
competitive, required when 3.23.030
exempt activities designated 3.23. 130
Wormal procedure when 3.23. 120
invitation, notice, contents 3.23.040
opening, procedure 3.23.060
presentation, security, requirements 3.23.050
rejection, identical, absence, effect 3.23.110
Bondrequirements 3.23.140
Defu'iitions 3.23.020
Lowest responsible bidder
See Award, criteria
Proceeds, deposit, use 3.23.150
Purpose of provisions 3.23.010
Security
See also Bid
forfeiture when 3.23.080
Work
additional, procedure when 3.23.160
deletionpermittedwhen 3.23.170
PUBLIC WORKS DEPARTMENT
See DEPARTMENTAL ORGANIZATION
PUBLIC WORKS DIRECTOR
Storm drainage service charge
collection duties 3.36.080
measurement, analysis methods
report duties 3.36.060
preinisesinspectionauthority 3.36.190
PURCFJASING
See also EQUIPMENT, SURPLUS, SALE
PUBLIC WORKS CONTRACTS
Administration, scope, authority 3.22.030
Contract
See also PUBLIC WORKS CONTRACTS
bid, award procedures 3.22.060
Definitions 3.22.020
Exemptions
See Public agencies, exemptions when
Funds availability required 3.22.050
Public agencies, exemptions when 3.22.070
Purchase order, request, petty cash
required 3.22.040
Purpose of provisions 3.22.010
PURCHASING OFFICER
Contract award authority 3.22.060
Designated 3.22.020
Powers, duties generally 3.22.030
-Q -
QUARANTINE
See ANIMAL
-R -
RECORDER, COUNTY
Documentary stamp tax administrator 3.04.090
RECYCLING AND DIVERSION OF CONSTRUCTION
AND DEMOLITION WASTE
Administrative fee, 16.72.060
Covered projects, 16.72.030
Definitions, 16.72.020
Diversion requirements, 16.72.040
Findings of the City Council, 16.72.010
Information required before issuance of permit,
16.72.050
Reporting, 16.72.070
RECYCLING AREAS; SOLID WASTE,
NON-ORGANIC RECYCLING
Applicability of provisions 9.16.030
Definitions 9.16.020
Maintenance and collection 9. 16.050
Purposeofprovisions 9.16.010
Site development requirements 9.16.040
Solid waste, non-organic, recycling and organic
recycling enclosures 9.16.045
Violation, penalty 9. 16.060
RECYCLING, NON-ORGANIC AND ORGANIC
WASTE COLLECTION AND DISPOSAL
See GARBAGE
t
2018 S-70
33 Index
Records 3.35.140
Refunds 3.35.150
Remedies cumulative 3.35.220
Short title 3.35.010
Substantialnexus/minimumcontacts 3.35.070
Telecommunicationusers' tax 3.35.050
TELECONFERENCE MEETINGS
Teleconferencemeetings 2.110.010
THEATER
Business license
See also BUSINESS LICENSE
fee 5.04.440
Smoking
See SMOKING
TOBACCO PRODUCTS; REGULATING THE
SALE OF
See also SMOKING; REGULATION OF
Compliancemonitoring 5.50.110
Definitions 5.50.020
Enforcement 5.50.140
Fees 5.50.100
Interpretation 5.50. 140
Permit
application procedure 5.50.050
conditions 5.50.070
conveys limited, conditional privilege
5.50.090
denial 5.50.060
eligibility requirements for 5.50.040
expiration 5.50.070
issuance of 5.50.060
nontransferable 5.50.080
renewal 5.50.070
revocation 5.50.060, 5.50.130
suspension or revocation 5.50. 130
term 5.50.070
Purpose 5.50.010
Requirements and prohibitions 5.50.030
Underage sales, prevention of 5.50. 120
TRACTOR
Sales, repair, service, business license
See also BUSINESS LICENSE
fee 5.04.540
TRAFFIC
Cniising
definitions 11.30.010
exemptions 11.30.020
prohibited 11.30.030
violation, penalty 11.30.040
Curb opening closure
authority 11.36.030
hearing
appeal 11.36.060
authorized 11.36.050
notice contents 11.36.040
provisions nonexclusive 11.36.020
purpose, definitions 11.36.010
14.04. 125Diverters
Downtown area
See Cruising
Driveway opening
See Curb opening closure
Engineer
See TRAFFIC ENGINEER
Intersections, blocking prohibited 11.24.240
Loading zones
See Parking
Median closure
See Curb opening closure
Parking
See PARKING
Road bumps
administrative authority designated 11.34.020
defined 11.34.010
installation where, criteria 11.34.030
Road construction, traffic regulations 11.36.070
Speed bumps
See Road bumps
Speed limits
authority, declaration 11.12.020
established 11.12.030
purpose of provisions 11.12.010
signing 11. 12.040
Stop intersection
all directional, designated, required action
11.20.030
designated, required action 11.20.020
purposeofprovisions 11.20.010
signing 11.20.040
Stopping, standing
See PARKING
2023 S-93
Cupertino - Index 34
Truck routes
compliance required 11.32.030
established 11.32.020
pickups, deliveries, exceptions 11.32.070
school zones-prohibited velncles 11.32.055
truckdefined 11.32.010
unrestricted highways designated 11.32.050
use regulations generally 11.32.060
vehicle types excepted I1.32.080
vehicle weighing authority 11.32.040
violation, penalty 11.32.090
TRAFFIC ENGINEER
Bicyclelanesignerection 11.08.260
Parking
curb marking, sign authority 11.26.040
handicappedparkingspaceapproval 11.26.100
loading space establishment authority
11.26.070
space marking authority 11.26.060
TRANSIENT OCCUPANCY TAX
Collection action 3. 12. 130
Definitions 3.12.020
Failure to collect and report
appeal 3.12.100
determination 3. 12.090
Imposition 3. 12.030
Operator duty 3. 12.050
Penalq, interest 3.12.080
Records retention, access 3. 12. 110
Refund condition 3.12.120
Registration 3. 12.060
Reporting, remitting 3.12.070
Short title 3. 12.010
Violation, penalty 3. 12. 140
TRANSPORTATION IMPACT
Evaluation of transportation impacts under the
California Environmental Quality Act (CEQA)
applicability of regulations 17.08.030
definitions 17.08.010
purpose 17.08.020
vehicle miles traveled (VMT) standards
17.08.040
Transportation impact fee program
applicability 14.02.040
authority 14.02.030
definitions 14.02.020
disposition of TIF program revenue and TIF
capital project construction 14.02.080
exemptions 14.02.060
fee credits 14.02.070
purpose 14.02.010
TransportationImpactFeeProgram 14.02.050
TRAPS
See ANIMAL
TREASURER, CITY
Conflict of interest 2.64.020
Franchise pipeline inspection 6.04.050
Investment authority 2.24.050
Monthly statements required 2.24.030
Oath of office, bond 2.24.040
Payment, procedure 2.24.020
Responsibility for city moneys 2.24.010
TREASURER, COUNTY
Assessmentcollectionresponsibility 3.16.010
TREE
See STREETS AND SIDEWALKS
TREES
TREES
Protected Trees
action by Director 14.18. 120
actions prohibited 14.18.030
definitions 14.18.020
exemptions 14.18.150
heritage tree designation 14.18.070
heritage tree identification tag 14.18.090
heritage tree list 14.18.080
penalty 14.18.220
planofprotection 14.18.060
protected trees 14.18.050
protection during construction 14.18.200
purposeofprovisions 14.I8.010
recordation 14.18.100
removal
application 14.18.110
approval authority 14. 18.110
noticeandposting 14.18.130
noticeofaction 14.18.190
appeaI 14.18.190
protection plan before granting permit
14. 18.210
retroactive permit 14.18. 170
review 14.18.180
retentionpromoted 14.18.040
Tree Management Plan 14. 18. 140
tree replacement 14. 18. 160
Street tree regulations
appeals 14.12.170
building permit requirements
condition of issuance 14.12.120
definitions 14. 12.020
enforcement 14.12.040 I
2021 S-81