Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2024 S-94 Supplement
CUPERTINO, CALIFORNIA Instruction Sheet 2024 S-94 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 2: ADMINISTRATION AND PERSONNEL 63, 64 63, 64 73, 74 73, 74 TITLE 3: REVENUE AND FINANCE 13 through 20 13 through 20 TITLE 5: BUSINESS LICENSES AND REGULATIONS 33 through 38 33 through 40 TITLE 19: ZONING 25, 26 25, 26 27 through 32 27 through 32 47 through 50 47 through 50 63 through 66 63 through 66 139 through 142 139 through 142 193 through 194D 193 through 194D COMPREHENSIVE ORDINANCE LIST 49, 50 49, 50 INDEX 23, 24 23, 24 33, 34 33, 34 37, 38 37, 38 KMC 4/2024 CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE S-94 Supplement contains: Local legislation current through Ordinance 24-2257, passed 4-16-2024 COPYRIGHT © 2024 AMERICAN LEGAL PUBLISHING 2.86.010 CHAPTER 2.86: HOUSING COMMISSION* Section 2.86.010 Established–Composition. 2.86.020 Members–Residency–Selection. 2.86.030 Terms of Office. 2.86.040 Members–Vacancy prior to expiration of a term. 2.86.050 Chairperson. 2.86.060 Meetings. 2.86.070 Compensation–Expenses. 2.86.080 Majority vote required. 2.86.090 Records. 2.86.100 Duties–Powers–Responsibilities. 2.86.110 City staff assistance. 2.86.120 Procedural rules. 2.86.130 Effect. *Editor’s note: The title of this chapter was amended from Housing Committee by Ord. 1892, and from Affordable Housing Committee by Ord. 1722. 2.86.010 Established–Composition. A.The Housing Commission of the City is established. The Housing Commission shall consist of five members as follows: 1.Representative from a Cupertino business, 2.Four community members, B.The representatives from a Cupertino business and the community members shall not be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage, to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. C.The Director of Community Development, or his or her designee, shall provide technical assistance to the Commission. (Ord. 2185, (part), 2019; Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.020 Members–Residency–Selection. A.The Housing Commission members must be residents of Cupertino. B.In selection of commissioners, the City Council may give priority to: 1.Applicants who represent the Community Development Block Grant (CDBG) target areas as described in the city’s Consolidated Plan. 2.Applicants who are familiar with the operation of affordable housing; 3.Applicants who represent non-profit community organizations; 4.Applicants who are knowledgeable about the housing needs of groups targeted for affordable housing development which include, but are not limited to, the following: 1.Seniors, 2.Single parent families, 3.Homeless persons, 4.Families of low income, 5.Disabled persons, 6.Renters, 7.First time homebuyers; 5.Representatives of a business located in Cupertino, and in doing so may waive any residency requirement so long as the business is located in Cupertino. (Ord. 24-2256, § 2 (part), 2024; Ord. 2185, (part), 2019; Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.030 Terms of Office. A.Housing commissioners serve at the pleasure of the City Council. The term of office of the members of the Housing Commission shall be for four years commencing on the date of their respective appointments to the Housing Commission or its predecessor Commission and shall end on January 30th of the year their terms are due to expire. No member shall serve more than two consecutive terms except that a member may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired term of less than two years. B.The appointment, reappointment and rules governing incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies. (Ord. 18-2180, § 9 (part), 2018; Ord. 2062, (part), 2010; Ord. 1974, § 3, 2006; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 63 2024 S-94 2.86.040 Cupertino - Administration and Personnel 64 2.86.040 Members–Vacancy Prior to Expiration of a Term. If a vacancy occurs other than by expiration of a term, it shall be filled by the City Council’s appointment for the unexpired portion of the term. (Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.050 Chairperson. The Chairperson and Vice Chairperson shall be elected from among Commission members. Terms shall be for one year. (Ord. 2062, (part), 2010; Ord. 2015, § 4, 2008; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.060 Meetings. A.The Housing Commission shall establish a regular time and place of meeting and rules of conduct thereof and shall hold at least one regular meeting each quarter. B.A majority of the Housing Commission shall constitute a quorum for the purpose of transacting the business of the Commission. (Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, (part), 1995; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.070 Compensation–Expenses. Members of the Housing Commission shall serve without compensation. Commissioners may be reimbursed for necessary expenses reasonably incurred by them while acting in their official capacity subject to the approval of the City Manager. (Ord. 21-2234, Att. A (§ 2, part), 2021; Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, (part), 1995; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.080 Majority Vote Required. A majority vote of the quorum is required to approve a recommendation on any matter that is presented to the Commission which requires a vote. (Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.090 Records. The Commission shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council and Planning Commission as may be required. These records shall be filed with the City Clerk. (Ord. 18-2180, § 9 (part), 2018; Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.100 Duties–Powers–Responsibilities. The powers and functions of the Housing Commission shall be as follows: A.To assist the Planning Commission and the City Council in developing housing policies and strategies for implementation of general plan housing element goals; B.To recommend policies for implementation and monitoring of affordable housing projects; C.To facilitate innovative approaches to affordable housing development and to generate ideas and interest in pursuing a variety of housing options; D.When requested by the Director of Community Development or the City Council, to make recommendations to the Planning Commission and the City Council regarding affordable housing proposals in connection with applications for development including, but not limited to, recommendations for possible fee waivers, other incentives, the number and type of affordable units and the target groups to be served. Any referral to the Housing Commission shall be limited to consideration of affordable housing proposals which exceed normal housing requirements under the applicable provisions of the City’s general plan or ordinances related thereto; E.To make recommendations regarding requests for money from the CDBG and Affordable Housing Funds; F.To provide information about affordable housing; G.To meet with neighborhood, community, regional and business groups as necessary to receive input and assist in generating affordable housing; H.To help identify sources of funds to develop and build affordable housing; I.To perform any other advisory functions authorized by the City Council. (Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.110 City Staff Assistance. The Housing Commission shall have available to it such assistance of City staff as may be required to perform its functions, the staff assignments and administrative procedures to be under the general direction and supervision of the Director of Community Development. (Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2.86.120 Procedural Rules. The Housing Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the chairperson of the Housing Commission, the Mayor, and the City Clerk, and a copy thereof shall be furnished to any person upon request. (Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992) 2022 S-85 2.94.010 CHAPTER 2.94: SUSTAINABILITY COMMISSION Section 2.94.010 Established–Composition. 2.94.020 Terms of Office. 2.94.030 Members–Vacancy or removal. 2.94.040 Chairperson. 2.94.050 Meetings–Quorum. 2.94.060 Majority vote required. 2.94.070 Records. 2.94.080 Powers and functions. 2.94.090 Compensation–Expenses. 2.94.100 Procedural rules. 2.94.110 Effect. 2.94.010 Established–Composition. A.The Sustainability Commission of the City of Cupertino is established. The Sustainability Commission (hereinafter referred to in this Chapter as “Commission”) shall consist of five members as follows: 1.One representative from a Cupertino-based primary, secondary, or higher educational institution; 2.Four community members. B.Commission members who are representatives of an educational institution are not required to be Cupertino residents, but the educational institution must be located in Cupertino. The four community members must be residents of Cupertino. C.In selection of community members, the City Council may give priority to: 1.Applicants who represent the target sectors and partners as described in the Cupertino Climate Action Plan (hereinafter referred to in this Chapter as “CAP”). 2.Applicants who are familiar with climate change mitigation and adaptation strategies, greenhouse gas emissions inventories, resource and utility conservation, sustainability and behavior change. 3.Applicants who represent non-profit community organizations and environmental interest groups. 4.Representatives of a business located in Cupertino, and in doing so may waive any residency requirement so long as the business is located in Cupertino. D.None of these representatives shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any other member of the Commission, to the City Manager or to any staff person(s) who may be assigned to assist this Commission. E.Members of the Commission shall be appointed by the City Council. F.The Sustainability Manager, or his or her designee, shall provide technical assistance to the Commission. (Ord. 24-2256, § 2 (part), 2024; Ord. 2132, § 1 (part), 2015) 2.94.020 Terms of Office. A.Commissioners serve at the pleasure of the City Council. The initial term of office of two of the members of the Commission selected from among the community members shall be for two years. The initial term of the remaining Commissioners shall be for a four year period. All subsequent terms shall be for a four year period. All terms shall end on January 30th of the year the term is due to expire. No Commissioner shall serve more than two consecutive terms, except that a Commissioner may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired term of less than two years. B.The appointment, reappointment and rules governing incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies. (Ord. 18-2180, § 13 (part), 2018; Ord. 2132, § 1 (part), 2015) 2.94.030 Members–Vacancy or Removal. Any Commissioner may be removed by a majority vote of the City Council. If a vacancy occurs, other than by expiration of a term, it shall be filled by the City Council’s appointment for the unexpired portion of the term. (Ord. 2132, § 1 (part), 2015) 2.94.040 Chairperson. The Commission shall elect its chairperson and vice-chairperson from among its members and shall appoint a secretary. Terms of the chair and vice-chair shall be for one year and shall be complete on January 30th. (Ord. 2132, § 1 (part), 2015) 2.94.050 Meetings–Quorum. A.The Commission shall hold regular meetings at least once every three months and at the discretion of the Commission shall hold other meetings as may be necessary or expedient. 2024 S-94 73 2.94.050 Cupertino - Administration and Personnel 74 B.A majority of the Sustainability Commission shall constitute a quorum for the purpose of transacting the business of the Commission. C.A special meeting may be called at any time by the chairperson or by a majority of the Commissioners upon notice being given in advance in accordance with the provisions of the Ralph M. Brown Act or successor statute in effect at the time. (Ord. 2132, § 1 (part), 2015) 2.94.060 Majority Vote Required. A majority vote is required to approve a recommendation on any matter that is presented to the Commission that requires a vote. (Ord. 2132, § 1 (part), 2015) 2.94.070 Records. The Commission shall keep an accurate record of its proceedings and transactions, and shall render such reports to the City Council as may be required. These records shall be filed with the City Clerk. (Ord. 18-2180, § 13 (part), 2018; Ord. 2132, § 1 (part), 2015) 2.94.080 Powers and Functions. A.The powers and functions of the Commission shall be to serve in an advisory capacity to the City Council to provide expertise and guidance on major policy and programmatic areas related to the environmental, economic and societal goals noted within Cupertino’s CAP and General Plan Environmental Resources/Sustainability Element. B.To fulfill their mission, the Commission may involve itself in the following activities: 1.Monitor and update the CAP based upon quantified metrics to measure and evaluate mitigated impacts and community benefits. 2.Suggest recommendations, review, and monitor t h e C i t y ’s G e n e r a l P l a n E n v i r o n m e n t a l Resources/Sustainability Element and its intersections with the CAP. 3.Advise the City Council how to strategically accelerate Cupertino’s progress towards sustainability and recommend priorities to promote continued regional leadership in sustainability. 4.Periodically review policies governing specific practices and programs, such as greenhouse gas emissions reduction, water conservation, renewable energy, energy efficiency, materials management, and urban forestry. Illustrative examples include creation of infrastructure for low emissions vehicles, installation of renewable energy or energy efficiency technologies, drafting of water conservation or waste reduction policies, delivery of habitat restoration and conservation programs, design and roll-out of pollution prevention campaigns, etc. 5.Make recommendations regarding the allocation of funds for infrastructure and technology improvements to elevate operational performance of City facilities, businesses, educational institutions and homes by reducing costs, improving public health, and serving community needs. 6.Accept public input on the subject areas noted above and advise the City Council on ways to drive community awareness, behavior change, education and participation in City programs modeled upon the field’s best practices. 7.Review and make recommendations to the City Council on Federal, State and regional policies related to sustainability that have the potential to impact City Council’s goals and policies. 8.Pursue any other activity or scope that may be deemed appropriate and necessary by the City Council. (Ord. 2132, § 1 (part), 2015) 2.94.090 Compensation–Expenses. Members of the Commission shall serve without compensation. Commissioners may be reimbursed for necessary expenses reasonably incurred by them while acting in their official capacity subject to the approval of the City Manager. (Ord. 2132, § 1 (part), 2015) 2.94.100 Procedural Rules. The Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the Chairperson of the Commission, the Mayor, and the City Clerk, and a copy thereof shall be furnished to any person on request. (Ord. 2132, § 1 (part), 2015) 2.94.110 Effect. Nothing in this Chapter shall be construed as restricting or curtailing any powers of the City Council or City officers. (Ord. 2132, § 1 (part), 2015) 2018 S-70 3.22.010 CHAPTER 3.22: PURCHASE OF SUPPLIES, MATERIALS, EQUIPMENT AND SERVICES Section 3.22.010 Purpose of Chapter. 3.22.020 Definitions. 3.22.030 Purchasing Officer. 3.22.040 Purchase orders, check requests, Purchasing Cards or Use of petty cash funds. 3.22.050 Availability of funds. 3.22.060 Purchasing requirements. 3.22.070 Exemptions. 3.22.010 Purpose of Chapter. This Chapter is enacted to set forth policy to establish efficient procedures for the purchase of supplies, materials, equipment and Services at the lowest possible cost commensurate with quality needed, and to clearly define authority for the purchasing function of the City. (Ord. 24-2255, Att. A, § 1 (part), 2024; Ord. 1582, § 1 (part), 1992) 3.22.020 Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings given in this section. 1.“Bid” means any competitive price-based bid submitted to the City for purchases and contracts for supplies, materials, equipment, and/or Services. 2.“Lowest responsible bidder” means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity and experience to satisfactorily perform the contract. 3.“Proposal” means a competitive submittal that is evaluated based on vendor qualifications, project approach, costs and other requirements for purchases and contracts for Services. 4.“Purchases.” Purchases of supplies and equipment shall include leases or rentals, as well as transactions by which the City acquires ownership. 5.“Purchasing Manager” means the principal purchasing official responsible for developing policy and ensuring compliance in the procurement of goods and services in accordance with applicable law. 6.“Purchasing Officer” means the City Manager or any other official or officials designated in writing by the City Manager for administration of this Chapter. 7.“Services” means any and all services including, but not limited to, professional services, consulting, technology solutions and equipment and maintenance service contracts. The term does not include services rendered by City officers or employees, or professional or other services which are by nature unique or for which the procedure for procurement is specifically provided by law. 8.“Supplies”, “materials” and “equipment” means any and all articles, things or tangible personal property furnished to or to be used by the City. (Ord. 24-2255, Att. A, § 1 (part), 2024; Ord. 1897, § I (part), 2002; Ord. 1582, § 1 (part), 1992) 3.22.030 Purchasing Officer. A.The Purchasing Officer of the City is vested with the authority for the purchase of supplies, materials, equipment, and Services. When the provisions and intent of this Chapter may be best served by so doing, the Purchasing Officer may authorize in writing any department, or the Purchasing Manager, to investigate, solicit bids or to negotiate the purchase or award of contracts for supplies, materials, equipment or Services for that department, provided that such shall be done in conformity with the procedures prescribed by this Chapter or by duly adopted administrative rules and regulations pertaining thereto. B.The Purchasing Officer shall have the responsibility and authority to: 1.Prepare and adopt policies, administrative rules, regulations and procedures not in conflict with the provisions of this Chapter for the purpose of carrying out the requirements and intent of this purchasing system. 2.Purchase or contract for materials, supplies, equipment, or Services to be performed as may be required by any department of the City in accordance with procedures prescribed by this Chapter or by such administrative rules, policies and procedures as the Purchasing Officer may adopt pursuant thereto. (Ord. 24-2255, Att. A, § 1 (part), 2024; Ord. 1582, § 1 (part), 1992) 3.22.040 Purchase Orders or Check Requests Needed–Use of Petty Cash Funds. A.Purchases of supplies, materials, equipment or Services shall be made only by means of purchase orders, 13 2024 S-94 3.22.040 Cupertino - Revenue and Finance 14 purchasing card or check requests processed and issued pursuant to this Chapter. A purchase order or check request shall be valid only when signed by the Purchasing Officer or designee. B.Nothing herein shall preclude the use of authorized petty cash funds for purposes intended by their establishment. (Ord. 24-2255, Att. A, § 1 (part), 2024; Ord. 1582, § 1 (part), 1992) 3.22.050 Availability of Funds. The Purchasing Officer shall not issue any purchase order, approve a check request, or award any contract for the acquisition of supplies, materials, equipment or Services, unless there exists an unencumbered appropriation in the funds as approved by City Council resolution adopting procedures for administration of the annual budget. The appropriate account and funds shall be encumbered after the issuance of the purchase order, approval of a check request or award of contract. (Ord. 24-2255, Att. A, § 1 (part), 2024; Ord. 1582, § I (part), 1992) 3.22.060 Purchasing Requirements. A.Open Market Purchases. The Purchasing Officer may award contracts, issue purchase orders or approve check requests for the acquisition of supplies, materials, equipment or Services in the open market without observing the competitive bidding procedure contained in this Chapteras provided for by the administrative policy. A non-competitive open market purchase will foreseeably equal, or be less than, the amount for public works contracts described in section 22032(a) of the Public Contracts Code. B.Purchases Approved by the Purchasing Officer. In instances where the purchase of supplies, materials, equipment or Services will foreseeably result in the issuance of a purchase order, approval of a check request or the award of a contract that equals, or is less than the amount for public works contracts described in section 22032(b) of the Public Contracts Code, the Purchasing Officer has the authority to take this action. Such action shall be taken only after the informal competitive bidding or proposal procedure described in section F below is followed unless the City Manager finds in writing that the use of the informal competitive bidding or proposal procedure is not practical, undesirable or impossible due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving or exempting the informal competitive bidding or proposal procedures apply. Upon making such a finding, the Purchasing Officer may dispense with the informal competitive bidding or proposal procedure and make the purchase through any procedure which meets the City's requirements. C.Purchases Approved by City Council. In instances where the acquisition of supplies, materials, equipment or Services will foreseeably result in the issuance of a purchase order, approval of a check request or the award of a contract in excess of the amount for public works contracts described in section 22032(b) of the Public Contracts Code, the City Council has the authority to take this action. Such action shall be taken after the formal competitive bidding or proposal procedures described in sections D or E are followed unless, pursuant to a recommendation of the City Manager, the City Council finds that the use of the formal competitive bidding or proposal procedures are not practical, undesirable or impossible due to limitations on source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or if other valid reasons for waiving or exempting the formal competitive bidding or proposal procedures apply. Upon making such a finding, the Council may direct the Purchasing Officer to dispense with the formal competitive bidding or proposal procedure and make the purchase through any procedure which meets the City's requirements. D.Formal Competitive Bidding Procedures. The formal bidding procedures required for purchases described in Section 3.22.060C shall be to the lowest responsive and responsible bidder pursuant to administrative policy implemented by the Purchasing Officer. E.Formal Competitive Request for Proposal Procedures. The formal proposal procedures required for the selection of the best qualified proposal shall be pursuant to administrative policy implemented by the Purchasing Officer. F.Informal Competitive Bidding or Proposal Procedure. Purchases described in section B shall be pursuant to administrative policy implemented by the Purchasing Officer. (Ord. 24-2255, Att. A, § 1 (part), 2024; Ord. 1897, § 1 (part), 2002; Ord. 1582, § 1 (part), 1992) 3.22.070 Exemptions. A.Notwithstanding any provision of this Chapter to the contrary, the Purchasing Officer is authorized to issue a purchase order, approve a check request, or award a contract, without adherence to Section 3.22.060 of this Chapter under the following instances: 1.Eme rgency Purchases. The immediate requirement of supplies, materials, equipment, or Services necessary for the continued operation of a department or for the preservation of life, health or property shall be deemed an emergency. A full report of the circumstances of an emergency purchase in excess of the amount described in Section 3.22.060C shall be filed with the City Council at its next regular meeting after the purchase was made. 2024 S-94 15 Purchase of Supplies, Materials, Equipment and Services 3.22.070 2.Recurring or Essential Services. Purchases where reasonable advanced estimates of costs cannot be determined for essential services of a recurring nature. Included in, but not limited to, this authorization are such items as utility services, approved settlements or claims for liability under the City's insurance program, renewal premium for authorized insurance policies, necessary bonds, all expenditures for the City's payroll and employee benefits and other matters involving unknown estimates of costs. 3.Legal Services. Purchase of legal advice, legal consultation, attorneys, assistants, or special counsel to address legal matters shall be in accordance with Chapter 2.18. B.The following situations are exempt from the informal and formal competitive bid or proposal procedures described in this Chapter. Exemption determinations will be documented and approved by the Purchasing Officer. 1.Purchases From Other Public Agencies. Purchases of supplies, materials, equipment or Services from any other public agency created under the laws of the State of California or the United States Government. 2.Specialized Services Purchase. Specialized services and advice, in accordance with Government Code Section 37103, for financial, economic, accounting, or administrative matters are exempt from a competitive process. 3.Sole Source Purchase. Purchases from a single entity that possess the unique ability, capability, equipment, technology, patent or copyright to meet the City's need based on standardization, compatibility or operational requirement. 4.Use of Another Public Agency Cooperative Competitive Solicitation. After another governmental or public agency has completed a competitive procurement process in a manner similar to the bidding or proposal procedures described in this Chapter, and is for the goods or Services desired by the City, the City may award a contract to the selected vendor(s) resulting from that procurement process. (Ord. 24-2255, Att. A, § 1 (part), 2024; Ord. 1897, § 1 (part), 2002; Ord. 1582, § 1 (part), 1992) 2024 S-94 Cupertino - Revenue and Finance 16 3.23.010 CHAPTER 3.23: PUBLIC WORKS CONTRACT AND BIDDING PROCEDURES Section 3.23.010 Purpose. 3.23.020 Definitions. 3.23.030 Competitive bidding. 3.23.040 Notice inviting bids. 3.23.050 Presentation of bids–Security required–Subcontractor designated in bid. 3.23.060 Opening bids. 3.23.070 Award of contract. 3.23.080 Forfeiture of security. 3.23.090 Award of contract to next lowest bidder–Failure to execute contract. 3.23.100 Award of contract to next lowest bidder–Lowest bidder irresponsible–Notice and hearing. 3.23.110 Rejection of bids–Identical bids–Absence of bids. 3.23.120 Informal bidding procedure for public works projects. 3.23.130 Exempt from bidding requirements. 3.23.140 Performance bond of successful bidder. 3.23.150 Deposit of proceeds. 3.23.160 Additional work by City authority. 3.23.170 Deletions of work by City authority. 3.23.010 Purpose. This Chapter is enacted to enhance competition, to prevent corruption and undue influence in the awarding of public works contracts, and to clarify the City’s competitive bidding requirements established pursuant to Part 3 of the California Public Contract Code, Sections 20100 et seq. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1583, § 1 (part), 1992) 3.23.020 Definitions. As used in this Chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section: 1.“Bid” means any monetary bid submitted to the City in competitive bidding for the construction, alteration, repair or improvement of any structure, building, road or other improvement of any kind. 2.“Lowest responsible bidder” means the lowest monetary bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity and experience to satisfactorily perform the public works contract sought. 3.“Public works contract” means an agreement for the erection, construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind. 4.“Public works project” means any of the following: a.Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility; b.Painting or repainting of any publicly owned, leased, or operated facility; c.In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. 5."Public works project" does not include maintenance work. For purposes of this section, "maintenance work" includes all of the following: a.Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. b.Minor repainting. c.Resurfacing of streets and highways at less than one inch. d.Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. e.Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. 6.For purposes of this Chapter, "facility" means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph (c) of subdivision (4), real property, streets and highways, or other public work improvement. 7."Purchasing Manager" means the principal purchasing official responsible for developing policy and ensuring compliance in the procurement of goods and services in accordance with applicable law. 17 2024 S-94 3.23.020 Cupertino - Revenue and Finance 18 8."Purchasing Officer" means the City Manager, Director of Public Works or any other official or officials designated in writing by the City Manager for administration of this Chapter. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992) 3.23.030 Competitive Bidding. Except as otherwise provided for in this chapter, public works projects with an estimated dollar value in excess of the required dollar value for competitive bidding established by section 22032(a) of the California Public Contracts Code, as may be amended, shall be contracted for pursuant to the procedures prescribed in this Chapter or by State Law. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 1, 2016) 3.23.040 Notice Inviting Bids. The notice inviting bids shall be in the form and published as follows: A.Notices inviting bids shall include: 1.A distinct description of the public works project to be performed; 2.The location where bid documents, plans and specifications may be secured; 3.The time and place for opening bids; 4.The type and amount of bidder’s security required; 5.The class of license required for the public works to be performed; and 6.A statement that the City has the authority to reject any and all bids and may waive any minor technicality or variance from the bid specifications. B.The notice inviting bids shall be: 1.Published in a newspaper of general circulation printed and published in the City at least the number of days specified in Section 22037 of the California Public Contract Code, as may be amended, before the opening of bids; and 2.Provided to all construction and trade journals specified in Section 22036 of the California Public Contract Code, or as may be amended, at least the number of days and by the methods set forth in Section 22037 of the California Public Contracts Code, as may be amended; and 3.Posted on the city’s website or another public bidding platform. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 2, 2016) 3.23.050 Presentation of Bids–Security Required–Subcontractor Designated in Bid. A.All bids shall be presented under sealed cover (identified by the bid name and number), submitted to the attention of the Purchasing Officer, or designee, via the process described in the notice inviting bids and accompanied by one of the following forms of bidder’s security: 1.Cash; 2.A cashier’s check made payable to the City; 3.A certified check made payable to the City; 4.A bidder’s bond executed by an admitted surety insurer, made payable to the City. B.The security shall be in an amount equal to at least ten percent of the amount of the bid, or such other sum as may be authorized by the California Public Contract Code. A bid shall not be considered unless one of the forms of bidder’s security is enclosed with it. C.Upon award of the contract to the lowest responsible bidder, the security of an unsuccessful bidder shall be returned no later than ninety days from the date the contract is awarded. D.All bidders on a public works project must designate in their bids the name, address, the portion of the work each subcontractor will perform, and other information as required by Section 4101 of the California Public Contract Code, as may be amended, of each subcontractor: 1.Who will perform work exceeding one-half of one percent of the prime contractor’s total bid as specified in Section 4104(a)(1), or 2.Who meet or exceed the thresholds for specific types of work as specified in Section 4101(a)(1). 3.The prime contractor shall list only one subcontractor for each portion of work as is defined by the prime contractor in their bid as specified in Section 4104(b). E.A contractor submitting a bid as the prime contractor shall not also submit a bid as a subcontractor for a competing prime contractor. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 3, 2016) 3.23.060 Opening Bids. Bids shall be opened on the date stated in the notice inviting bids. A tabulation of all bids received shall be posted on the City’s website on the first working day after 48 hours of the bid opening and will remain posted for a period of not less than fifteen calendar days after the bid opening. Any bid which is submitted after the time specified in the notice shall not be considered. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 21-2234, Att. A (§ 6), 2021; Ord. 1583, § 1 (part), 1992) 3.23.070 Award of Contract. Contracts shall be awarded by the City Council to the lowest responsible bidder except as otherwise provided in this Chapter. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1583, § 1 (part), 1992) 2024 S-94 19 Public Works Contract and Bidding Procedures 3.23.080 3.23.080 Forfeiture of Security. If the successful bidder fails to execute the contract within ten days after the date the notice of award of contract is mailed or provided, unless the City is responsible for the delay, the amount of the bidder’s security shall be forfeited to the City except as provided in Section 3.23.090. (Ord. 24-2255, Att. A ,§ 2 (part), 2024; Ord. 1583, § 1 (part), 1992) 3.23.090 Award of Contract to next Lowest Bidder–Failure to Execute Contract. The City Council may, on refusal or failure of the successful bidder to execute the contract within ten days after the date the notice of award of contract is mailed or provided, unless the City is responsible for the delay, award it to the next lowest responsible bidder. If the City Council awards the contract to the second lowest bidder, the amount of the lowest bidder’s security may be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder if cash or a check is used, or to the bidder’s surety if a bond is used. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1583, § 1 (part), 1992) 3.23.100 Award of Contract to Next Lowest Bidder–Lowest Bidder Irresponsible–Notice and Hearing. A.The City Council, in its sole discretion, may reject the lowest bid upon specific findings that the lowest bidder is not responsible. To determine responsibility, the City Council may consider, among other things, the bidder’s financial responsibility, type of license, type of equipment, years of experience in construction work, other projects bidder worked on in the last five years, whether bidder has failed to complete any contract, bidder’s ability to be bonded and its quality, fitness, or capacity to satisfactorily perform the work. B.If the City Council rejects the lowest bid upon its determination that the lowest bidder is not responsible, the City shall do the following: 1.Give notice of the City Council’s decision to the lowest bidder, setting forth the reasons why the bidder is not determined the lowest responsible bidder; 2.In the notice, give bidder an opportunity to ask for a pre-award hearing before the City Council on the issue; 3.If hearing is requested, agenda the matter pursuant to California Government Code hearing requirements; 4.After the hearing, the City Council shall make a finding, supported by the evidence on the record, as to the nonresponsibility of the lowest bidder. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992) 3.23.110 Rejection of Bids–Identical Bids–Absence of Bids. The City Council, in its sole discretion, may: A.Reject all bids presented and readvertise for new bids; B.Reject any bid that fails to meet the bidding requirements in any respect; C.If two or more bids are the same and the lowest, allow the Purchasing Officer or Purchasing Manager to select one through a blind selection process; D.If no bids are received, the City Council may have the project done without further complying with this Chapter; E.Waive minor irregularities in any bid received. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1583, § 1 (part), 1992) 3.23.120 Informal Bidding Procedure for Public Works Projects. Except as otherwise required by this Chapter or under state or federal law, the bidding procedures of this Chapter may be dispensed with for public works projects with an estimated dollar value equal to or less than the dollar value specified in Subdivision (b) of Section 22032 of the Public Contract Code, and the following informal bidding procedures substituted: A.The City shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for compilation of the contractor list shall be determined by the California Uniform Construction Cost Accounting Commission (“Commission”). All contractors on the list for the category of work being bid and/or all construction trade journals specified by the Commission shall be mailed or emailed a notice inviting informal bids, unless the product or service is proprietary. B.All mailing of notices to contractors and construction trade journals shall be completed not less than the number of days specified in Section 22304 of the California Public Contract Code, or as may be amended, before the date of opening the bids. C.The City Council hereby delegates the authority to award contracts pursuant to informal bidding to the Purchasing Officer. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1632, 1993; Ord. 1583, § 1 (part), 1992; Ord. 16-2143, § 4, 2016) 3.23.130 Exempt from Bidding Requirements. The following are exempt from competitive bidding requirements: A.Emergency Work. If there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, 2024 S-94 3.23.130 Cupertino - Revenue and Finance 20 the City Council may pass a resolution by a four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property in accordance with Public Contract Code Section 22050. Upon adoption of the resolution, the City may expend any sum required in the emergency without complying with this Chapter; B.Small Contracts. Any contract for public works projects with an estimated dollar value equal to or less than the dollar value for competitive bidding established by section 22032(a) of the California Public Contracts Code; C.Meaningless Bids. Where the nature of the subject of the contract is such that competitive bids would not produce an advantage and when the advertisement for competitive bidding would be undesirable, impracticable or impossible; D.Performance of Project After Rejection of Bids. After rejection of bids presented, the City Council may pass a resolution by a four-fifths vote declaring that the project can be performed more economically by day labor or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, the City is relieved from further compliance with bidding requirements. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1897, § 2 (part), 2002; Ord. 1583, § 1 (part), 1992) 3.23.140 Performance Bond of Successful Bidder. The Purchasing Officer has authority to require a performance bond before entering a contract, in such amount as the Purchasing Officer finds reasonably necessary to protect the best interests of the City or as may be required by law. If the City requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1583, § 1 (part), 1992) 3.23.150 Deposit of Proceeds. The cash or proceeds collected pursuant to this Chapter shall be deposited in the fund out of which the expenses of preparation and printing of the plans and specifications, estimates of cost and publication of notice are paid. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1583, § 1 (part), 1992) 3.23.160 Additional Work by City Authority. Notwithstanding the provisions of this Chapter, if the Director of Public Works determines that additional or extra work on any public works project is required to complete the project as originally intended, the Director of Public Works is authorized to approve contract change orders for additional or extra work on any public works contract provided that the aggregate total of all such contract change orders for the public works project does not exceed the contract amount plus contingency at the time the contract is awarded. Under this same authority, the Director of Public Works is authorized to approve extensions of time to public works contracts. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1900, § 1, 2002) 3.23.170 Deletions of Work by City Authority. The City reserves the right to delete up to twenty-five percent (25%) of the work on a public works contract where such deletions would advance the project as originally contemplated. (Ord. 24-2255, Att. A, § 2 (part), 2024; Ord. 1583, § 1 (part), 1992) 2024 S-94 5.50.010 CHAPTER 5.50: REGULATING THE SALE OF TOBACCO PRODUCTS Section 5.50.010 Intent. 5.50.020 Definitions. 5.50.030 Requirements and prohibitions. 5.50.040 Eligibility requirements for a permit. 5.50.050 Application procedure. 5.50.060 Permit issuance, denial, and revocation. 5.50.070 Permit term, conditions, renewal, and expiration. 5.50.080 Permits nontransferable. 5.50.090 Permit conveys a limited, conditional privilege. 5.50.100 Fees. 5.50.110 Compliance monitoring. 5.50.120 Prevention of underage sales. 5.50.130 Penalties for a violation by a Retailer with a Permit. 5.50.140 Penalties for retailing without a Permit. 5.50.150 Appeals. 5.50.160 Enforcement. 5.50.170 Interpretation. 5.50.010 Intent. 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.Prevent violations of laws related to Tobacco Products, especially those that prohibit or discourage the sale or distribution of Tobacco Products and Electronic Cigarette Products to individuals 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. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (part), 2023) 5.50.020 Definitions. For the 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 willing 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 purpose is avoiding the effect of the violations of this Chapter is not an arm's length transaction. B."Department" means the County of Santa Clara's Department of Environmental Health and any agency or person designated by the Director of the Department of Environmental Health to enforce 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.Electronic Cigarette Products shall not include any 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. § 387(a). 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. 2024 S-94 33 5.50.020 Cupertino - Business Licenses and Regulations 34 E."Hearing Officer" means the hearing officer appointed by the Department in accordance with County of Santa Clara Ordinance Code ("County Ordinance Code") section A38-2. F."Impound" means the legal control exercised by the Department over the use, sale, disposal, or removal of any Tobacco Products. G."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. H."Permit" means a valid permit issued by the Department to a person to act as a retailer. I."Retailer" means any person who sells, exchanges, offers to sell or exchange, or distributes Tobacco Products for any form of consideration, whether or not they possess a current Permit. "Retailing" shall mean the doing of any of these actions. This definition is without regard to the quantity of Tobacco Products sold, exchanged, distributed, or offered for sale or exchange. J."School" means a public or private elementary, middle, junior high, or high school. K."Sale and sold" includes any sale, exchange, barter, or offer for sale. L."Tobacco Product" means (unless specifically noted elsewhere) any product subject to Subchapter IX (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); 21 C.F.R. §§ 1100.1 - 1100.3 (tobacco products subject to Subchapter IX)) and Electronic Cigarette Products. Products subject to 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, such as, but not limited to, 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. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (part), 2023) 5.50.030 Requirements and prohibitions. A.Permit required. It shall be unlawful for any Person to act as a Retailer without first obtaining and maintaining a Permit pursuant to this Chapter for each location at which Retailing occurs. 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 Tobacco Products. C.Display of Permit. Each Permit shall be prominently displayed in a publicly visible place 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 Department. E.Positive identification required. No retailer shall sell or distribute a Tobacco Product to another individual without first examining the individual's identification to confirm that the individual 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 view. 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 be 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 unobstructed view of the interior of the premises, including the area in which 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 where 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 an individual 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 strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, 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 shall be subject to a rebuttable presumption that the product is prohibited by subparagraph (1) of this paragraph if: 2024 S-94 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, or packaging 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.Vending machines prohibited. No Tobacco Product shall be Sold 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 individuals under twenty-one. No Retailer shall Sell 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, whether or not issued a Permit, shall Sell or Distribute Electronic Cigarette Products. (Ord. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (part), 2023) 5.50.040 Eligibility requirements for a permit. A.No 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 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 Permit may be issued to authorize Retailing at any location where the profession of pharmacy is practiced by a pharmacist licensed by the State in accordance with the Business and Professions Code and where prescription drugs are offered for sale. D.No 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 Permit 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 (as such term was defined in Ordinance No. 20-2197) operating lawfully on the date immediately before this Chapter becoming effective provided that the Retailer obtained a Permit before July 1, 2020 pursuant to sections 5.50.050 and 5.50.060, and timely renews its permit pursuant to 5.50.070(B); 2.Any Retailer of electronic smoking devices (as such term was defined in Ordinance No. 20-2197) operating lawfully on the date immediately before this Chapter becoming effective provided that the Retailer obtained a Permit before July 1, 2020 pursuant to sections 5.50.050 and 5.50.060, and timely renews its permit pursuant to 5.50.070(B); however, any such Retailer is subject to the prohibition on the Sale and Distribution of Electronic Cigarette Products established in Section 5.50.030; and 3.Any lawfully operating Retailer of Tobacco Products that would otherwise become ineligible to receive or renew a Permit due to the creation or relocation of a school. E.No 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 Permit applicant's proposed business location; provided, however, that the prohibition contained in this paragraph shall not apply to: 1.Any Retailer of tobacco products (as such term was defined in Ordinance No. 20-2197) operating lawfully on the date immediately before this Chapter becoming effective provided that the Retailer obtained a Permit before 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 Retailer of electronic smoking devices (as such term was defined in Ordinance No. 20-2197) operating lawfully on the date immediately before this Chapter becoming effective provided that the Retailer obtained a Permit before July 1, 2020 pursuant to sections 5.50.050 and 5.50.060, and timely renewed its Permit pursuant to 5.50.070(B); however, any such Retailer is subject to the prohibition on the Sale and Distribution of Electronic Cigarette Products established in Section 5.50.030. 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 Permit pursuant to this Chapter. 2. A new Person obtains ownership in the business. (Ord. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (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 Permit. No Retailer may rely on the issuance of a Permit as a determination by the City or the County of Santa Clara that the Retailer has 2024 S-94 5.50.050 Cupertino - Business Licenses and Regulations 36 complied with all laws applicable to Retailing. A 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 Permit applications shall be submitted on a form supplied by the Department. C.A permitted retailer shall inform the Department in writing of any change in the information submitted on an application for a Permit within fourteen calendar days of a change. D. All information included 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 the laws' exemptions. (Ord. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (part), 2023) 5.50.060 Permit issuance, denial, and revocation. A.Upon the receipt of a complete application for a Permit, the application fee, and the annual Permit fee, the Department shall issue a 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 this Chapter prohibits issuance of a Permit. 3.The application seeks authorization for Retailing by a Person to whom this Chapter prohibits issuance of a 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 prohibited pursuant to this Chapter (e.g., mobile vending, Electronic Cigarette Products) 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 this Chapter. B.A Permit shall be revoked if the Department finds that one or more of the bases for denial of a Permit under this Chapter existed at the time application was made or at any time before the Permit was issued. Such a revocation shall be without prejudice to the filing of a new Permit application. C.A Permit shall be permanently revoked if the Retailer has committed violations as specified in Section 5.50.130. (Ord. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (part), 2023) 5.50.070 Permit term, conditions, renewal, and expiration. A.Term of Permit. The term of a Permit is one year. A Permit is invalid upon expiration. B.Conditions of Permit. As conditions of Permit issuance and retention, Retailer shall: 1.Allow compliance inspections as described in this Chapter and expressly consent to inspection of all areas 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 Department to impound any product not authorized to be sold by this Chapter and cooperate with any Departmental 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 5.50.130. C.Renewal of Permit. The Department shall renew a Permit upon timely payment of the annual Permit fee provided that the Retailer complies with this Chapter, as amended. The Department may, in its discretion, agree to renew any expired Permit within the three-month period following expiration if the Retailer pays the annual Permit fee and applicable late charges. For every calendar month, or fraction thereof, that a Retailer fails to renew an expired Permit, a late charge equal to twenty percent of the annual Permit fee shall be assessed. A 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 Permit more than three calendar months after expiration of a Permit or following revocation of a Permit that was wrongly issued, a Retailer must submit a complete application for a Permit, along with the application fee and annual Permit fee. The Department shall issue a retailer permit pursuant to the requirements of this Chapter. (Ord. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (part), 2023) 5.50.080 Permits nontransferable. A.A Permit may not be transferred from one Person to another or from one location to another. Whenever a new Person obtains ownership in a business for which a Permit has been issued, a new Permit shall be required, but any exemption granted pursuant to Section 5.50.040 shall cease to apply. B.Notwithstanding any other provision of this Chapter, prior violations of this Chapter at a location shall continue to apply to a location and Permit ineligibility and suspension periods shall continue to apply to a location unless: 2024 S-94 37 Regulating the Sale of Tobacco Products 5.50.080 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 Department is provided with clear and convincing evidence, including an affidavit, that the business has been acquired in an Arm's Length Transaction. (Ord. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (part), 2023) 5.50.090 Permit conveys a limited, conditional privilege. Nothing in this Chapter shall be construed to grant any person obtaining and maintaining a 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 the Permit. All Permits are issued subject to the City's right to amend this Chapter, and Retailers shall comply with all provisions of this Chapter, as amended. (Ord. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (part), 2023) 5.50.100 Fees. The Department shall not issue or renew a Permit before full payment of any applicable fees. The County Board of Supervisors shall, from time to time, establish by resolution or ordinance the fees to issue or to renew a 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. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (part), 2023) 5.50.110 Compliance monitoring. A.Compliance with this Chapter shall be monitored by the Department. In addition, any peace officer may enforce the penal provisions of this Chapter. The Department may designate any number of additional individuals to monitor and facilitate compliance with this Chapter. B.The Department or other individuals designated to enforce the provisions of this Chapter 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, the County of Santa Clara, or its agents. C.Any Retailer found to be in violation of this Chapter shall pay all costs related 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 Department prevails pursuant to Division A1 of the County Ordinance Code or any other provision of law. (Ord. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (part), 2023) 5.50.120 Prevention of underage sales. A.The Department of other departments or individuals designated to enforce the provisions of this Chapter shall monitor each Retailer at least twice per twelve-month period to determine whether the Retailer is conducting business in a manner 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, the County of Santa Clara, or its agents. B.The Department or other departments or individuals designated to enforce the provisions of this Chapter shall not enforce any law establishing a minimum age for Tobacco Product purchases against an individual who otherwise might be in violation of such law because of the individual'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 department or individual designated by the City or the County of Santa Clara 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, the County of Santa Clara, or the California Department of Public Health. (Ord. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (part), 2023) 5.50.130 Penalties for a violation by a Retailer with a Permit. A.Administrative Fine. In addition to any other penalty authorized by law, a Retailer shall pay a fine if the Retailer or any of the Retailer's agents or employees, violates any of the requirements, conditions, or prohibitions of this Chapter. The amount of the administrative fine for each violation of this Chapter shall be as follows: 1.A fine not to exceed $1,000 for each violation identified during the first instance in which the Retailer has committed a violation or violations; 2024 S-94 5.50.130 Cupertino - Business Licenses and Regulations 38 2.A fine not to exceed $2,500 for each violation identified during a subsequent instance if the Retailer has committed a previous violation or violations within a 60-month period; and 3.A fine not to exceed $5,000 for each violation identified during a subsequent instance after the Retailer twice committed a previous violation or violations within a 60-month period. B.Permit suspension. In addition to any other penalty authorized by law, the Department may suspend a permit if the Department 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 Department 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 Department to ensure proper notice to the general public and to patrons of the physical location used for Retailing Tobacco Products. (D)Once attached to a building or structure, a placard is not to be removed, altered, or covered until done so by an authorized representative of the Department or upon written notification from the Department. C.Permanent Permit revocation. In addition to any other penalty authorized by law, the Department shall permanently revoke a Permit if a retailer commits a violation or violations during three instances within a 60-month period. D.Waiver or reduction of fines and penalties for first violation. The Department may, in its sole discretion, waive or reduce any fines and penalties for a Retailer's first violation of this Chapter if the Retailer admits the violation in writing and agrees to forego a hearing on the allegations. Regardless of the Department'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. E.Corrections period. The Department 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 Department 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. F.Written notice of penalties. Whenever a fine is issued and/or a Permit is suspended or revoked based on a violation of this Chapter, the Department shall provide the retailer written notice of the violation and the fine and suspension or revocation, including when the suspension or revocation shall take effect. G.Appeals. Any penalties imposed under this section may be appealed pursuant to Section 5.50.150 of this Chapter. H.A timely appeal shall stay enforcement of the appealed penalties until the final administrative decision of the Department is issued. (Ord. 24-2257, Att. A, § 1 (part), 2024) 5.50.140 Penalties for retailing without a Permit. A.Administrative fine. In addition to any other penalty authorized by law, a Retailer shall pay a fine if the Department demonstrates that the Retailer has engaged in Retailing at a location without a valid Permit, either directly or through the Retailer's agents or employees. The amount of the administrative fine for each violation of this Chapter shall be as follows: 1.A fine not to exceed $2,500 for each violation identified during the first instance in which the Retailer has committed a violation or violations without a valid Permit; 2.A fine not to exceed $5,000 for each violation identified during a subsequent instance if the Retailer has committed a previous violation or violations within a 60-month period without a valid Permit; and 3.A fine not to exceed $10,000 for each violation identified during a subsequent instance after the Retailer has twice committed a previous violation or violations within a 60-month period without a valid Permit. B.Time period for Permit ineligibility. The ineligibility period shall be as follows: 1.For an initial violation of this Chapter without a valid Permit, no new Permit may be issued to the Retailer or the location (unless Ownership of the business at the location has been transferred in an Arm's Length Transaction) until 30 calendar days have passed from the date of the violation. 2.If a Retailer commits a violation or violations during two instances within a 60-month period without a valid Permit, no new Permit may be issued to the Retailer or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction) until one year has passed from the date of the second violation. 2024 S-94 39 Regulating the Sale of Tobacco Products 5.50.140 3.If a Retailer commits a violation or violations during three instances within a 60-month period without a valid Permit, the Retailer and the location (unless Ownership of the business at the location has been transferred in an Arm's Length Transaction) shall be permanently ineligible for a Permit. C.Waiver or reduction of fines and penalties for first violation. The Department may, in its sole discretion, waive or reduce any fines and penalties for a Retailer's first violation of this Chapter if the Retailer admits the violation in writing and agrees to forego a hearing on the allegations. Regardless of the Department's waiver of fines or penalties for a first violation, the violation will be considered in determining the fines and suspension periods or revocation for any future violation. This subsection shall not apply to any violation involving a law regulating youth access to Tobacco Products. D.Written notice of penalties. Whenever a fine is issued and/or a Permit is suspended pursuant to this section, the Department shall provide the Retailer written notice of the fine and suspension, including when the suspension shall take effect. E.Appeals. Any penalties imposed under this Chapter may be appealed pursuant to Section 5.50.150 of this Chapter. A timely appeal shall stay enforcement of the appealed penalties until the final administrative decision of the County is issued. (Ord. 24-2257, Att. A, § 1 (part), 2024) 5.50.150 Appeals. A.Any Retailer served with a written notice of violation may request an administrative hearing to appeal the existence of the violation, the amount of the fine, the length of a suspension, a revocation of a Permit, the sustained impoundment of Tobacco Products, and/or seizure of Tobacco Products by returning a completed hearing request form to the Office of the County Hearing Officer within 10 days from the date of the written notice of penalties. B.The Retailer shall include the following in or with the hearing request form: 1.A statement indicating the reason the Retailer contests the written notice of penalties, including a factual and/or legal basis for the appeal in sufficient detail to put the Department on notice of the nature of the appeal and the objections and arguments raised by the Retailer; 2.Any evidence the Retailer wants the Hearing Officer to consider; 3.Payment of the $250 filing fee. 4.An advance deposit of the amount of any fine challenged if less than $1,000.00, and otherwise $1,000.00; 5.The address of the Retailer and, if available, an email address that can be used for contact and correspondence by the Office of the County Hearing Officer and the Department. The Retailer may request service of notice by mail; and 6.Notwithstanding the above requirements, a Retailer may seek a waiver or reduction in the filing fee and/or deposit requirement by submitting a sworn affidavit and supporting documents or materials demonstrating the Retailer's financial inability to pay the filing fee and/or advance deposit. C.The hearing request form shall be deemed filed on the date received by the Office of the County Hearing Officer. A timely appeal shall stay enforcement of the appealed penalties while the appeal is ongoing. D.After receiving a timely hearing request form, the Office of the County Hearing Officer shall notify the Department as soon as practicable and then shall schedule an administrative hearing. The Office of the County Hearing Officer shall provide the Retailer and the Department at least ten calendar days' written notice of the date, time, and place of the administrative hearing and the name of the Hearing Officer who will conduct the hearing. The notice shall be given to the Retailer either by email, if requested, or by first class mail, postage prepaid. E.Between the time the Retailer requests the administrative hearing and the time of the Hearing Officer's decision, the Retailer, the Department, and each of their representatives shall not engage in ex parte communications with the Hearing Officer regarding the matters at issue in the hearing. F.The hearing shall be conducted by the Hearing Officer on the date, time, and place specified in the notice to the Retailer. A Retailer's failure to appear at the hearing shall constitute an abandonment of the hearing request and a failure to exhaust administrative remedies as a precedent to judicially challenge the existence of the violation and the imposition of the fine and suspension. G.At the hearing, the Retailer and the Department shall have the opportunity to present evidence, including witnesses, relevant to the Hearing Officer's determination of the matter. Neither the provisions of the Administration Procedure Act (Government Code Section 11500 et seq.) nor the formal rules of evidence in civil or criminal judicial proceedings shall apply to such hearing. The Hearing Officer may admit any evidence, including witnesses, relevant to the determination of the matter, except as otherwise provided in Section 5.50.160(C). H.The written notice of penalties and any other reports prepared by or for the Department concerning the violation shall be admissible and accepted by the Hearing Officer as prima facie evidence of the violation and the facts stated in those documents. The Hearing Officer may 2024 S-94 5.50.150 Cupertino - Business Licenses and Regulations 40 continue the hearing from time to time, in the Hearing Officer's sole discretion, to allow for its orderly completion of the hearing. After receiving the evidence submitted at the hearing, the Hearing Officer may further continue the hearing and request additional information from either the Department or the Retailer. I.After considering the evidence and testimony submitted, the Hearing Officer shall issue a written decision regarding the matters properly raised in the request for administrative hearing. The Hearing Officer's decision shall: 1.Be based on a preponderance of the evidence. 2.Include a statement of the reasons for the decision. 3.Be issued within twenty calendar days of the close of the hearing. 4.Be served on both the Retailer and the Department. The decision shall be given to the Retailer either by email, if requested, or by first class mail, postage prepaid. J.Based on the Hearing Officer's decision, the Office of the County Hearing Officer shall promptly refund to the Retailer any amount of the advance fine deposit the Department is not entitled to and shall provide the remainder to the Department. K.The Hearing Officer's written decision shall constitute the final administrative decision of the Department. (Ord. 24-2257, Att. A, § 1 (part), 2024) 5.50.160 Enforcement. A.Any violation of this Chapter is hereby declared to be a public nuisance. B.Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall also constitute a violation of this Chapter. C.Whenever evidence of a violation of this Chapter is obtained in any part through the participation of an individual under the age of twenty-one years old, such an individual shall not be required over their objection to appear or give testimony in any civil or administrative process brought to enforce this Chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. D.Violations of this Chapter may be remedied by a legal action brought by the County of Santa Clara Office of the County Counsel pursuant to Division A1 of the Ordinance Code of the County of Santa Clara. For the purposes of the civil remedies provided in this Chapter, each day on which a product is offered for Sale in violation of this Chapter, and each individual retail product that is Sold or Distributed in violation of this Chapter, shall constitute a separate violation of this Chapter. E.Impoundment. 1.Based upon inspection findings or other evidence, the Department may impound Tobacco Products that are suspected of being or found to be offered for Sale or Distribution in violation of this Chapter. The Department may affix a label to the product that shall be removed only by the Department following final written determination by the Department as described below. 2.No impounded Tobacco Products shall be used, removed, disposed, or offered for Sale unless the impoundment has been released. The decision by the Department may be appealed pursuant to the procedures set forth in Section 5.50.150. 3.Within 30 days of final determination whether impounded products are authorized for sale under this Chapter, the Department shall release the impounded materials or order that unauthorized, impounded product shall be destroyed and properly disposed of at the cost of the Retailer. F.Seizure. Tobacco Products offered for sale in violation of this Chapter are subject to seizure by the Department and shall be forfeited after the Retailer of the Tobacco Products seized is given reasonable notice and an opportunity to demonstrate that the Tobacco Products were not offered for sale in violation of this Chapter. The decision by the Department may be appealed pursuant to the procedures set forth in Section 5.50.150. Forfeited Tobacco Products shall be destroyed and properly disposed of at the cost of the Retailer after all internal appeals have been exhausted and after the time in which to seek judicial review pursuant to Section 5.50.150 of this Chapter has expired. G.All Retailers are responsible for the actions of their employees relating to compliance with this Chapter. The Sale, offer to sell, or furnishing of any Tobacco Products by an employee shall be considered an act of the Retailer. H.The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity. (Ord. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (part), 2023) 5.50.170 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 engaged in the retailing of such products. (Ord. 24-2257, Att. A, § 1 (part), 2024; Ord. 23-2251, § 1 (part), 2023) 2024 S-94 25 Administration 19.12.030 2024 S-94 19.12.030 Cupertino - Zoning 26 2023 S-91 27 Administration 19.12.030 Notes: A.Permits can be processed concurrently with other applications, at the discretion of the Director of Community Development. B.Projects with combined applications shall be processed at the highest level of approval in conformance with Section 19.04.090. C.Public Hearing: Projects types that need noticing pursuant to the CA Government Code; Public Meeting: Project types that need only a mailed notice and no newspaper notices; Comment Period: Project types that need only a mailed notice and do not need a public hearing or public meeting. D.Noticing Radius of an application in a combined application shall correspond to the maximum noticing radius required for any one of the applications. E.Expiration date of an application in a combined application shall correspond to the maximum expiration date allowed for any one of the development applications (not including Subdivision Map Act applications, General Plan Amendments and Zoning Map or Text Amendments.) F.Major General Plan Amendment, Conditional Use Permit, Development Permit application - for more than ten thousand square feet of commercial and/or industrial and/or office and/or other non-residential use, or greater than six residential units. G.Minor General Plan Amendment, Conditional Use Permit, Development Permit application - for ten thousand square feet or less of commercial and/or industrial and/or office and/or other non-residential use, or six or less residential units. H.City Council review for applications with new development greater than fifty thousand square feet of commercial, and/or greater than one hundred thousand square feet of industrial and/or office and/or other non-residential use, and/or greater than fifty residential units. Planning Commission review for all other applications. I.Please see specific zoning district regulations or chapters in this title that apply to the subject property or project for approval authority. J.Major Architectural and Site Approval application - architectural and site approval for all projects that are not a Minor Architectural and Site Approval application. K.Minor Architectural and Site Approval application - single family home in a planned development zoning district, minor building architectural modifications, landscaping, signs and lighting for new development, redevelopment or modification in such zones where review is required and minor modifications of duplex and multi-family buildings. L.Meeting type and noticing are dependent on the underlying permit being modified. M.Parking Exceptions approved by the Director of Community Development need a comment period. N.Parking Exceptions in Single-family residential (R1) zones and Duplex (R2) zones need adjacent noticing. All other Parking Exceptions need notices within three hundred feet of the exterior boundary of the subject property. O.Application must be filed prior to expiration date of permit. Permit is extended until decision of the Approval Body on the extension. (Ord. 23-2254, Att. A, § 1 (part), 2024; Ord. 23-2247, § 1 (part), 2023; Ord. 22-2246, § III (part), 2022; Ord. 22-2238, §§ 3.3-3.4, 2022; Ord. 21-2235, §§ 3.3-3.4, 2021; Ord. 19-2187, § 3 (part), 2019, Ord. 18-2177, § 3 (part), 2018; Ord. 18-2175, § 1 (part), 2018; Ord. 17-2165, § 3, 2017; Ord. 17-2162, § 1, 2017; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.040 Authority of the Director of Community Development. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Director of Community Development is as follows: A.Grant any permits which are authorized to be issued by the Director pursuant to Section 19.12.030 and any other provisions of this code; B.Grant parking exceptions for projects that are reviewed in conjunction with permits which are authorized to be issued by the Director of Community Development pursuant to Section 19.12.030; C.Grant a variance from site development regulations and parking and loading regulations (except those handicapped parking regulations mandated by State law) applicable within any zoning district established by this title; D.Grant a variance from the special conditions of approval that apply to site development and parking and loading regulations (including conditions attached to planned developments) applicable within any zoning district established by this title. E.Grant a request for reasonable accommodation made by any person with a disability, when the strict application of the provisions within residential districts acts as a barrier to fair housing opportunities, pursuant to Chapter 19.52. F.Make reasonable interpretations of the regulations and provisions of this title, and any chapter therein, consistent with the legislative intent. Persons aggrieved by an interpretation of the Director of Community Development may petition the Planning Commission in writing for review of the interpretation. 2024 S-92 19.12.040 Cupertino - Zoning 28 G.May refer an application to another Approval Body for review, decision or recommendation. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.050 Reserved. 19.12.060 Authority of the Planning Commission. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the Planning Commission is as follows: A.Grant any permits which are authorized to be issued by the Planning Commission pursuant to Section 19.12.030 and any other provisions of this code; B.Grant parking exceptions for projects that are in conjunction with permits which are authorized to be issued by the Planning Commission pursuant to Section 19.12.030; C.Make recommendations to the City Council on applications in which it is a recommending body; and D.Decide on appeals of decisions pursuant to Section 19.12.030. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.070 Authority of the City Council. Subject to the provisions of this chapter and general purpose and intent of this title, the authority of the City Council is as follows: A.Grant any permits which are authorized to be issued by the City Council pursuant to Section 19.12.030 and any other provisions of the code; B.Decide on appeals of decisions pursuant to Section 19.12.030. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.080 Application Process. Unless otherwise specified in this title, all applications for permits, permit modifications, amendments and other matters pertaining to this Chapter shall be filed with the Director of Community Development with the following: A.An application for permit may be made by the owner of record, his or her agent, lessee(s) of property, or person(s) who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permit under this title and who have written authorization from the property owner to make an application. B.Application shall be made on a form provided by the City, and shall contain the following, unless waived by the Director of Community Development based on the scope of the proposed project: 1.A complete legal description of the subject property and map showing the location of the property for which the permit is sought; 2.A preliminary title report of the subject property; 3.The proposed site development plan indicating: the location of all buildings and structures; the location and types of land uses; paved areas, such as roadways, driveways and walkways; and general landscaping scheme; 4.Architectural drawings of the proposed development, building additions or other structures. Drawings shall indicate building height, colors, materials, window treatment and other architectural features; 5.Maps showing the locations of buildings; 6.Renderings showing building heights and square footages; 7.Maps showing the precise location of roads, streets, alleys and access points; 8.A traffic analysis, if required; 9.A construction plan, 10.Any property/development with a Homeowner’s Association (HOA) or Architectural Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB. 11.The Director of Community Development may reasonably require additional information which is pertinent and essential to the application. 12.Zoning Map or Text Amendments shall also include information required per Chapter 19.152. a.Zoning applications for Planned Development Zoning Districts shall also include information required per Section 19.80.040; b.Zoning applications for Multi-Family (R3) Residential shall also include information required per Section 19.36.040; and c.Zoning applications for Residential Single-family Cluster (R1C) initiated by a property owner, or his or her designee, shall also include items identified in Section 19.44.050H. 13.Planned Development Permit and Development Permit applications shall also include information required per Section 19.156.010. 2023 S-91 29 Administration 19.12.080 14.Conditional Use Permits and Variances shall also include information required per Section 19.156.020. 15.Density Bonus Permit applications shall also include information required per Section 19.56.060. 16.Conversion of Apartment Projects to Common Interest Developments applications shall also include information required per Section 19.116.050. 17.Sign Permit Applications should also include information required per Section 19.104.040. C.Application shall be accompanied by the fee prescribed by City Council resolution, no part of which shall be returnable to the applicant. (Ord. 17-2165, § 4, 2017; Ord. 17-2162, § 2, 2017; Ord. 16-2149, § 4, 2016; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.090 Action by Director. Upon receipt of an application for a permit, the Director of Community Development shall: A.Within thirty days determine whether the application is complete or needs additional information and shall inform the applicant. B.For permit applications not requiring any comment period, public hearing or public meeting, proceed to review the application. C.Mail ballots to the property owners of record of the properties affected by a Single-Story Overlay District Application. The ballot shall, in addition to information related to the proposal, include the following information: 1.Proposed Single-Story Overlay District Map pursuant to Section 19.28.050(B)(1); 2.Statement indicating that each developable lot of record shall have one (1) vote; and 3.A date, forty-five (45) calendar days from the date of mailing of the ballot, on which a completed ballot must be postmarked or received by the City in order to be accepted. D.Not later than a period stipulated in Section 19.12.100, Decision, below: 1.Set a date for a public hearing or public meeting upon the matter at a regular or special meeting of the approval authority for the project for applications that require a public hearing or public meeting, except that Single-Story Overlay District Applications shall be scheduled for a public hearing, only if the result of the mailed ballot, pursuant to 19.12.090(B) above, indicates support of a minimum sixty-six and two-thirds (66 2/3) percent by the property owners within the proposed or existing Single-Story Overlay District (each developable lot of record shall have one (1) vote); or 2.Send notice in accord with the requirements of 19.12.110(D) for applications that do not need a public hearing or public meeting. (Ord. 20-2200, § 6, 2020; Ord. 17-2162, § 3, 2017; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.100 Decision. A.The Approval Authority is granted the authority to make the decision to grant, deny, or impose conditions or restrictions on a permit or other action on a permit as well as to conduct and make any decisions necessary for environmental review under the California Environmental Quality Act. B.Unless postponed or continued with the mutual consent of the Director of Community Development and the applicant and written confirmation from the applicant, a decision shall be rendered: 1.No later than sixty (60) days following the date the application is deemed complete and either categorically exempt under the California Environmental Quality Act (CEQA) or the adoption of a negative declaration or one hundred and eighty (180) days of certification of an Environmental Impact Report (EIR). 2.Notwithstanding the above, no later than one hundred and fifty (150) days upon receipt of a complete application for a new personal wireless communication facility or ninety (90) days upon receipt of an application for collocation of a personal wireless communication facility/antennas. (Ord. 17-2165, § 5, 2017; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.110 Noticing. A.Notice of Public Hearing: Noticing shall be provided in the following manner for applications that need a public hearing: 1.Notice of hearing shall be given by publication once in a local newspaper of general circulation not less than ten days prior to the date of the hearing as provided in Section 65090 of the California Government Code; 2.The City shall mail written notice by first class mail to: a. Each owner of record of real property within the noticing radius per Section 19.12.030 of the exterior boundary of the property for which the application is made as the owner of record is shown in the last tax assessment roll pursuant to Section 65091 of the California Government Code; b.Owner(s) of subject site or his or her authorized agent c.Project applicant(s) d.Local agencies expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the proposed project; e.Any individual or entity that has filed a written request with the City Clerk requesting notification of public hearings. 3.If the number of owners to whom notice would be mailed or delivered pursuant to subsection A2 above is 2020 S-78 19.12.110 Cupertino - Zoning 30 greater than one thousand, in lieu of mailed or delivered notice, the Director may provide published notice as provided in Government Code Section 65091(3). 4. The notice shall contain the following: a.The exact address of the property, if known, or the location of the property, if the exact address is not known; b.The date on which action on the application will be taken; c.A brief description, the content of which shall be in the sole discretion of the City, of the proposed project; d.Reference to the application on file for particulars; e.A statement that any interested person, or agent thereof, may contact the city for additional information and/or plans. Typographical and/or publishing errors shall not invalidate the notice nor any City action related to the notice. B.Notice of Public Hearing for Zoning Text Amendments: 1. For amendments to zoning regulations: Notice of such hearing (publication) shall be given in the manner prescribed in Section 19.12.110 A(1) of this chapter. 2. For amendments to permitted uses of real property: Notice (mailing or publication) shall be given pursuant to Sections 19.12.110 A(2) or A(3), as the case may be. C.Notice of Public Meeting: For projects requiring notice of a public meeting, notice shall be mailed in accord with 19.12.110A(2) or A(3), as the case may be, at least ten days prior to the date of the meeting date. D.Notice of Comment Period: For projects requiring notice of a comment period, notice shall be mailed in accord with 19.12.110A(2) and A(5), fourteen calendar days prior to the date of action on the application. 1.For permits issued pursuant to Chapter 19.28, Single Family Residential, the mailed notice shall include a copy of the site plan and elevation plans of the proposed project. 2.For permits issued pursuant to Chapter 14.18, Protected Trees, the mailed notice shall include a copy of the site plan and tree replacement/mitigation plan. E. The City may also give notice of public hearings/public meetings in any other manner it deems necessary or desirable. If the Director of Community Development believes the project may have impacts beyond the range of the mailed notice, particularly on nearby residential areas, the Director, in his or her discretion, may expand noticing beyond the stated requirements in Section 19.12.030. Compliance with the procedures set forth in this section shall constitute a good-faith effort to provide notice, and the failure to provide notice, and the failure of any to receive notice, shall not prevent the City from proceeding with a hearing, meeting or from taking any action nor affect the validity of any action. F.Posted Site Notice: 1.Applicants shall install notice(s) on the subject site that is/are clearly visible and legible from the right-of-way in accord with the requirements of Table 19.12.030. a.Applicants must install a site notice in the front yard of the subject site. b.For all applications other than Residential Design Review, Miscellaneous Ministerial Permits, and Tree Removal applications in R1 or R2 zones, if the subject site has more than one property line abutting a street, the applicant may be required to install more than one notice. 2.The notice shall be a weatherproof sign, firmly attached to 5 foot tall posts and: a.For Residential Design Review, Miscellaneous Ministerial Permits, and Tree Removal applications in R1 or R2 zones, shall be at least 2 feet tall and 3 feet wide. b.For all other applications that need a site notice, shall be at least 4 feet tall and 6 feet wide. 3.The notice shall be placed at least 14 days prior to the decision/public hearing and shall remain in place until an action has been taken on the application and the appeal period, if any, has passed. 4.The notice shall contain the following: a.The exact address of the property, if known, or the location of the property, if the address is not known; b.A brief description of the proposed project, the content of which shall be at the sole discretion of the City; c.City contact information for public inquiries; d.A deadline for the submission of public comments; e.If proposing a physical alteration to an existing building or new buildings, at least one of the following visual representations of the proposed project: i.A color perspective drawing or three-dimensional (3-D) photographic simulation of the proposed project, in a size deemed appropriate by the Director of Community Development. ii.For Residential Design Review Permit and Miscellaneous Ministerial Permit applications, a color or black and white perspective drawing or three-dimensional (3-D) photographic simulation of the proposed project, at least 11 inches by 17 inches in size. iii.Visual Representation is not required for applications that do not have a material change in the physical appearance of the property. 2024 S-94 31 Administration 19.12.110 G.Miscellaneous Ministerial Permit: For projects requiring notice of a Miscellaneous Ministerial Permit, notice shall be mailed in accord with subsection 19.12.110A(4) and posted on the property, fourteen calendar days prior to the date of action on the application. (Ord. 23-2254, Att. A, § 1 (part), 2024; Ord. 22-2246, § III (part), 2022; Ord. 22-2238, §§ 3.5-3.6, 2022; Ord. 21-2235, §§ 3.5-3.6, 2021; Ord. 17-2165, § 6, 2017; Ord. 17-2162, § 4, 2017; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.120 Action by Director of Community Development–Administrative. A.For applications requiring Administrative review with no public meeting, public hearing or comment period, the Director of Community Development or his or her designee may, subject to the requirements of Section 19.12.100, issue his or her decision no later than thirty days from receipt of all information, unless referred to a different approval authority for a decision. B.For applications requiring Administrative review with a public meeting, public hearing or comment period, the Director of Community Development or his or her designee may, subject to the requirements of Section 19.12.100: 1.Issue his or her decision at the conclusion of the public meeting, public hearing or comment period; 2.Continue the item for additional public hearings, public meetings or comment period; or 3.Defer action by taking the item under advisement and issuing the decision no later than thirty days following the public meeting, public hearing or comment period. No additional noticing is required if a project is continued. C.For applications where a public meeting or public hearing is required to be held before the Director of Community Development, the meeting shall be held in the same manner as a Planning Commission meeting. (Ord. 23-2247, § 1 (part), 2023; Ord. 20-2200, § 7, 2020; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.130 Action by Planning Commission. A.For applications where the Planning Commission is the Approval Body, it shall render a decision, which is supported by the evidence contained in the application or presented at the meeting, at the meeting, or at a subsequent meeting after conclusion of the public hearing or public meeting, subject to the requirements of Section 19.12.100. B.For zoning map amendments, on the basis of evidence and testimony presented to the Planning Commission at the public hearing, the Planning Commission may determine that the public interest will be served, either by revising the area being considered for reclassification to include properties not originally part of the application, or by giving consideration to district classifications not originally requested by the application. The Planning Commission may, solely at its option, consider additional properties or district classifications, or both. C.For applications requiring City Council approval, the reviewing body shall forward its written findings, determinations and recommendation to the City Council for final action, subject to the requirements of Section 19.12.100. (Ord. 23-2247, § 1 (part), 2023; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.140 Action by City Council. A.Upon receipt of a recommendation of the reviewing body, the City Council may by resolution approve, modify, or disapprove the recommendation of the reviewing body, subject to the requirements of Section 19.12.100. B.Upon final approval of a zoning or prezoning application, the City Council shall enact an ordinance zoning or prezoning the subject property or properties, incorporating within the ordinance: 1.A Conceptual development plan, if required, and 2.Conditions of approval. C.For a Development Agreement, the City Council shall enact an ordinance that shall refer to and incorporate the text of the Development Agreement by reference. D.For applications requiring City Council approval, the City Council shall issue its decision at the conclusion of the public hearing or public meeting. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.150 Notice of Decision and Reports. A.Notice of decision: 1.The decision for applications approved with a public meeting or public hearing shall be mailed to the property owner and applicant at the address shown on the application. 2.The decision for applications approved with a comment period shall be mailed to the property owner and the applicant at the address shown on the application and any person who has commented on the proposed project within the comment period or during revocation proceedings. 3.The decision shall contain the following: a.Applicable findings; b.Any reasonable conditions or restrictions deemed necessary to secure the purpose of this title and to assure operation of the development and/or use in a manner compatible with existing and potential uses on adjoining properties and in the general vicinity; and 2024 S-94 19.12.150 Cupertino - Zoning 32 c.Reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City. 4.The decision of the Director of Community Development, or Planning Commission shall be final unless appealed in accord with Section 19.12.170. A decision of the City Council shall be final. B.Reports: The Director of Community Development shall endeavor to forward reports, within five calendar days from the date of the decision, to the: 1.Planning Commission and the City Council of a decision by the Director of Community Development. 2.City Council of a decision by the Planning Commission. (Ord. 23-2247, § 1 (part), 2023; Ord. 20-2200, § 8, 2020; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.160 Effective Date. A.A permit approved by the City Council shall take effect ten days following the date that the findings are adopted. B.Specific Plans, General Plan Amendments, Zoning Ordinance/Map Amendments, and Development Agreements shall become effective thirty days following the final date of action (e.g., adoption) by the City Council. C.All other permits shall take effect fourteen calendar days following the date that the findings are adopted by the appropriate Approval Body, unless an appeal is filed as provided in Section 19.12.170. (Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.170 Appeals. A.An appeal may be filed by any person, firm or corporation aggrieved or affected by any grant, denial, modification or revocation of any permit, or any determination or interpretation related to any provision of this title. No appeal of a Miscellaneous Ministerial Permit shall be allowed. B.Filing: 1.An appeal shall be in writing on forms prescribed by the City and shall be filed during regular office hours with the City Clerk within fourteen calendar days after the City decision or if a notice of decision is not required, from the date of the decision or determination, under this title. An appeal not filed within such time shall be barred. The appeal shall state the grounds and basis thereof. 2.Appeals under this chapter are subject to an appeal fee as prescribed by resolution of the City Council. C.Noticing: Notice of hearing shall be given in the same manner in which the original notice was given. If a project with no noticing is appealed, appropriate noticing shall be determined by the Director of Community Development. D.Appeal hearing body shall be determined in accord with Section 19.12.030. E.Decision of the appeal hearing body: The decision or determination of the appeal hearing body on any appeal shall be final and effective immediately. F.Notice of Decision: Notice of the appeal hearing body’s decision shall be mailed to the original applicant, to the person filing the appeal, and to any other person who has filed a written request with the City Clerk. (Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.7, 2022; Ord. 21-2235, § 3.7, 2021; Ord. 14-2125, § 4 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.12.180 Expiration, Extension, Violation and Revocation. A.Expiration. 1.Approval on a permit or variance shall become null and void and of no effect, within the time frame specified in Section 19.12.030 following its issuance, unless a shorter or longer time period is specifically prescribed in the conditions of permit or variance or the Section of the Municipal Code pursuant to which the permit or variance is issued, unless: a.A building permit is filed and accepted by the City (fees paid and control number issued.) In the event that a building permit expires for any reason, the permit shall become null and void. b.A permit or variance shall be deemed “vested” when actual substantial and continuous activity has taken place upon the land subject to the permit or variance or, in the event of the erection or modification of a structure or structures, when sufficient building activity has occurred and continues to occur in a diligent manner. 2.Notwithstanding subsection 1 of this section, if the use for which a conditional use permit was granted and utilized has ceased or has been suspended for one year or more, the permit becomes null and void. 3.Unless a variance or exception has expired pursuant to subsection 1 of this section, it shall continue to exist for the life of the existing structure or such structure as may be constructed pursuant to the approval, unless a different time period is specified in its issuance. A variance or exception from the parking and loading regulations, and a sign exception shall be valid only during the period of continuous operations of the use and/or structure for which the variance or exception was issued. B.Extensions. A permit or variance may, in accord with Section 19.12.030, Approval Authority, be extended for the time frame specified in Section 19.12.030, upon timely submittal of an application with the Director of Community Development prior to expiration. 2023 S-91 19.28.010 CHAPTER 19.28: SINGLE-FAMILY RESIDENTIAL (R-1) ZONES Section 19.28.010 Purposes. 19.28.020 Applicability of regulations. 19.28.030 Permitted, conditional and excluded uses. 19.28.040 Permits required for development. 19.28.050 Zoning districts established. 19.28.060 Site development regulations. 19.28.070 Building development regulations. 19.28.080 Eichler (R1-e) building design requirements. 19.28.090 Development regulations–(R1-a). 19.28.100 Permitted yard encroachments. 19.28.110 Single-family residential design guidelines and principles. 19.28.120 Landscape requirements. 19.28.130 Exceptions. 19.28.140 Findings. 19.28.150 Ministerial approval of up to two units. 19.28.010 Purposes. R-1 single-family residence districts are intended to create, preserve and enhance areas suitable for detached dwellings in order to: A.Enhance the identity of residential neighborhoods; B.Ensure provision of light, air and a reasonable level of privacy to individual residential parcels; C.Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; and D.Reinforce the predominantly low-intensity setting in the community. (Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 19.28.020 Applicability of Regulations. A.No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in an R-1 single-family residence district other than in conformance with the provisions of this chapter and other applicable provisions of this title. B.Reasonable Accommodation: Notwithstanding 19.28.020(A) above, a request for reasonable accommodation may be made by any person with a disability, when the strict application of the provisions in this chapter, act as a barrier to fair housing opportunities, pursuant to Chapter 19.52. (Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011; Ord. 2039, (part), 2009; Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 19.28.030 Permitted, Conditional and Excluded Uses. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Single Family Residential (R-1), are identified in Section 19.20.020. (Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 19.28.040 Permits Required for Development. Table 19.28.040 sets forth the planning permits required for development in the Single-Family Residential district. [Table 19.28.040 begins on next page.] 2022 S-86 47 19.28.040 Cupertino - Zoning 48 2024 S-94 49 Single-Family Residential (R-1) Zones 19.28.040 2024 S-94 19.28.050 Cupertino - Zoning 50 19.28.050 Zoning Districts Established. A.Table 19.28.050 sets forth the zoning districts established. Zoning Designation Zoning Definition R1-X Single Family Residential District - Minimum lot area corresponds to the number (X), multiplied by 1,000 square feet R1-Xi Residential Single Family Single-Story Overlay District to limit homes to One Story (not to exceed 18 feet high) - [minimum lot area corresponds to the number (X), multiplied by 1,000 square feet preceding the ‘i’ symbol]. May be combined with all R1 zoning designations. R1-6e Single Family Residential Eichler District (6,000 minimum lot area) R1-a Single Family Residential District with Semi-Rural Characteristics (10,000 square foot minimum lot area) B.Establishment or Removal of an existing Single-Story Overlay District (R1-Xi): In addition to the application requirements identified in Section 19.12.080, the applicant shall submit the following: 1.Map delineating proposed boundaries for the Single-Story Overlay District, or removal thereof, corresponding to natural or man-made features (including, but not limited to, streets, waterways, zoning boundaries and similar features,) which would result in the establishment of an identifiable neighborhood, that includes one (1) or more entire city block(s), or one (1) or more entire subdivision tract(s), or street face(s) opposite of one another within a block; 2.Evidence, to the satisfaction of the City, for an establishment of a Single-Story Overlay, that a minimum of seventy-five (75) percent of the homes within the proposed Single-Story Overlay District are single-story; 3.A written statement setting forth the reasons for the application and all facts relied upon by the applicant in support thereof; 4.Original application petition signed, at a minimum, by sixty-six and two-thirds (66-2/3) percent of the property owners of record within the proposed or existing Single-Story Overlay District (each developable lot of record shall have one (1) signature). The petition shall contain information about the proposal including, but not be limited to, the following: a.Map pursuant to Section 19.28.050(B)(1); b.Property Addresses; c.Property Owner Name(s) and Original Signature(s); d.Applicant Contact Information. (Ord. 17-2162, § 7, 2017; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 19.28.060 Site Development Regulations. Table 19.28.060 sets forth the rules and regulations for site development in the Single-Family Residential District. [Table 19.28.060 begins on next page.] 2017 S-61 63 Single-Family Residential (R-1) Zones 19.28.110 19.28.110 Single-Family Residential Design Guidelines and Principles. Any new single-family residential house or addition to an existing house shall be generally consistent with the adopted single-family residential guidelines in Sections 19.28.110(A) and (B). A.Single-Family Residential Design Guidelines for all projects.1, 2 1.There shall not be a three-car wide driveway curb cut. 2.No more than fifty percent of the front elevation of a house shall consist of garage area, unless the lot is not wide enough to accommodate. a.In the R1-a zone, the maximum width of a garage on the front elevation shall be twenty-five feet, which will accommodate a two-car garage. Additional garage spaces shall be provided through the use of a tandem garage or a detached accessory structure at the rear of the property.2 3.Usable Living area shall be closer to the street, while garages should be set back more. 4.All roofs shall have at least a one-foot overhang. 5.Mechanical, heating, or cooling equipment or associated piping installed on the roof shall be screened from the public right away, except in a R1-e zones where roof top equipment is not allowed. 6.Porches are encouraged. a.In the R1-a zone, the following porch design guidelines apply2: i.When viewed from the street, a porch shall appear proportionately greater in width than in height. A porch differs from an entry element, which has a proportionately greater height than its width. ii.Structural supports shall be designed such that the appearance is not obtrusive or massive. iii.The use of large columns or pillars is discouraged. iv.The eave height for a front porch shall not be significantly taller than the eave height of typical single-story elements in the neighborhood. v.Porch elements shall have detailing that emphasizes the base and caps for posts and fence elements. 7.In R1-6e and R1-a zones, entry features shall not be higher than fourteen feet from natural grade to plate.2 B.Two-Story Design Guidelines.1, 2 1.The mass and bulk of the design should be reasonably compatible with the predominant neighborhood pattern. New construction should not be disproportionately larger than, or out of scale with, the neighborhood pattern in terms of building forms, roof pitches, eave heights, ridge heights, and entry feature heights. 2.The design should use vaulted ceilings rather than high exterior walls to achieve higher volume interior spaces. 3.Long, unarticulated, exposed second story walls should be avoided since it can increase the apparent mass of the second story. a.In the R1-a zone, all second story wall heights greater than six feet, as measured from the second story finished floor, should have building wall offsets at least every twenty-four feet, with a minimum four foot depth and ten foot width. The offsets should comprise the full height of the wall plane.2 4.The current pattern of side setback and garage orientation in the neighborhood should be maintained. 5.When possible, doors, windows and architectural elements should be aligned with one another vertically and horizontally and symmetrical in number, size and placement. 6.In the R1-a zone, windows on the side elevations should2: a.Be fixed and obscured to a height of five feet above the second floor; b.Have permanent exterior louvers to a height of five feet above the second floor; or c.Have sill heights of five feet or greater to mitigate intrusion into a neighbor’s privacy. C.Residential Design Review Principles. Two-story homes subject to design review per Section 19.28.040(E) (except in R1-a zones) shall meet the residential design review principles below. The City of Cupertino Two-Story Design Principles are attached hereto as Appendix A and are incorporated herein by this reference. 1.An identifiable architectural style shall be provided; 2.Design features, proportions and details shall be consistent with the architectural style selected; 3.Visual relief deemed to be appropriate by the Director of Community Development shall be provided; 4.Materials shall be of high quality; 5.Ensure building mass and scale; 6.Design with architectural integrity on all sides of the structure; and 7.The design shall reflect symmetry, proportion and balance. Notes: 1 Refer to the Eichler Design Handbook- Fairgrove Neighborhood for additional design guidelines in the R1-6e zone. 2 Nonconformance with the design guidelines in the R1-a zone shall be considered acceptable only if the applicant shows that there are no adverse impacts from the proposed project. (Ord. 23-2254, Att. A, § 1 (part), 2024; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 19.28.120 Landscape Requirement s. To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions, tree and/or shrub planting is required. The intent of this section is to provide substantial screening within three years of planting. 2024 S-94 19.28.120 Cupertino - Zoning 64 A.Applicability. These requirements shall apply to new two-story homes, second-story decks, two-story additions, modifications to the existing second-story decks and/or new windows on existing two-story homes that increase privacy impacts on neighboring residents. 1.These requirements shall not apply to: a.Skylights; b.Windows with sills more than five feet above the finished second floor; c.Obscured, non-openable windows; d.Windows with permanent exterior louvers to a height of five feet above the second floor; e.Non-operable windows with obscure glass to a height of five feet above the second floor; and f.When waivers have been obtained by all affected property owners. B.Planting Plan. Proposals for a new two-story homes, second-story decks, two-story additions, modifications to the existing second-story decks, and/or new windows on existing two-story homes shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs to meet the requirements in Section 19.28.120(C) below. C.Planting Requirements. 1.Front yard tree planting. a.The tree shall be twenty-four-inch box or larger, with a minimum height of six feet. b.The tree shall be planted in front of new second stories in the front yard setback area. i.In the R1-a zone, the tree shall be placed to where views from second story windows across the street are partially mitigated. c.The Director of Community Development may waive the front yard tree based on a report from an internationally-certified arborist citing conflict with existing mature tree canopies onsite or in the public right-of-way. 2.Privacy planting. a.New trees and/or shrubs are required on the applicant’s property in an area bounded by a thirty-degree angle on each side window jamb. i.The following is required for all side and rear yard-facing second story windows in the R1-6e zone: •Cover windows with exterior louvers to a height of five feet above the second floor; or •Obscure glass to a height of five feet above the second floor; or •Have a window sill height of five feet minimum above the finished second floor. b.The Planning Division shall maintain a list of allowed privacy planting trees and shrubs. The list includes allowed plant species, minimum size of trees and shrubs, expected canopy or spread size, and planting distance between trees. i.In the R1-a zone, the minimum height of privacy trees at the time of planting shall be twelve feet. ii.In the R1-a zone, privacy planting shall have a minimum setback from the property line equivalent to one-quarter of the spread noted on the City list. c.The trees and/or shrubs shall be planted prior to issuance of a final occupancy permit. 3.Waivers. a.New trees and/or shrubs are not required to replace existing front or privacy trees or shrubs if an Internationally Certified Arborist or Licensed Landscape Architect verifies that the existing trees/shrubs have the characteristics of privacy planting species, subject to approval by the Director or Community Development. b.Affected property owner(s) may choose to allow privacy planting on their own property. In such cases, the applicant must plant the privacy screening prior to issuance of a building permit. c.The privacy mitigation measures may be modified in any way with a signed waiver statement from the affected property owner. Modifications can include changes to the number of shrubs or trees, their species or location. 4.Covenant. The property owner shall record a covenant with the Santa Clara County Recorder’s Office that requires the retention of all privacy planting, or use of existing vegetation as privacy planting, and required front yard trees, prior to receiving a final building inspection from the Building Division. This regulation does not apply to situations described in subsection (C)(3)(b) of this section. 5.Maintenance. The required plants shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species. 6.Replacement. Where required planting is removed or dies it must be replaced within thirty days with privacy tree(s) of similar size as the tree(s) being replaced, unless it is determined to be infeasible by the Director of Community Development. (Ord. 16-2149, § 6, 2016; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 19.28.130 Exceptions. Where results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions to Sections 19.28.070, 19.28.080, and 19.28.110 may be granted by the Planning Commission. The specific procedural requirements shall follow Chapter 19.12. (Ord. 23-2247, § 1 (part), 2023; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 19.28.140 Findings. Sections 19.28.140(A), (B), (C), (D), and (E) set forth the findings required for a Minor Residential Permit, Two-Story Permit, Residential Design Review, and R-1 Exception approval. 2024 S-94 65 Single-Family Residential (R-1) Zones 19.28.140 A.Minor Residential Permit Findings. 1.The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. 2.The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3.The proposed project is harmonious in scale and design with the general neighborhood. 4.Adverse visual impacts on adjoining properties have been reasonably mitigated. B.Residential Design Review Findings. 1.The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title. 2.The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3.The project is harmonious in scale and design with the general neighborhood. 4.The project is consistent with the two-story design principles and generally consistent with the single-family residential design guidelines. 5.Adverse visual impacts on adjoining properties have been reasonably mitigated. C.Residential Design Review Findings, R1-a zone. 1.The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code. 2.The granting of this permit will not result in detrimental or injurious conditions to the property or improvements in the vicinity, or to the public health, safety, or welfare. 3.The project is generally compatible with the established pattern of building forms, building materials, and designs of homes in the neighborhood. 4.The project is generally compatible with the City’s single-family residential design guidelines and the guidelines in this chapter and any inconsistencies have been found to not result in impacts on neighbors. 5.Significant adverse visual and privacy impacts as viewed from adjoining properties have been mitigated to the maximum extent possible. D.R-1 Exception Findings. 1.The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2.The proposed development will not be injurious to property or improvements in the area, nor be detrimental to the public safety, health and welfare. 3.The exception to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose. 4.The proposed exception will not result in significant visual impact as viewed from abutting properties. (Ord. 23-2254, Att. A, § 1 (part), 2024; Ord. 2085, § 2 (part), 2011; Ord. 2079, (part), 2011) 19.28.150 Ministerial Approval of Up to Two Units. A.Issuance of Miscellaneous Ministerial Permit. The Director of Community Development shall ministerially approve up to two residential units on a parcel in an R-1 single-family residence district or R-1 zoned Planned Development Zoning District if the proposed housing development meets the requirements of Government Code Section 65852.21 and complies with all applicable objective zoning standards, objective subdivision standards, and objective design review standards. B.The Director of Community Development shall impose all objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, General Plan, any applicable specific plan, and other objective land use specifications that do not conflict with the requirements of Government Code Section 65852.21, including but not limited to the objective zoning and design standards in Paragraph E. C.Notwithstanding Paragraph A, the Director of Community Development may deny a housing development project proposed under this Section if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. D.Application and Fees. An application on a form made available by the City shall be completed by the applicant. The form shall be accompanied by a fee that the City Council may adopt by resolution to sufficiently recover the cost of administering the requirements of this section. The application shall be accompanied by all technical reports, plans and information required to make a determination on the proposed project. 2024 S-94 19.28.150 Cupertino - Zoning 66 E.Objective Zoning and Design Standards for Ministerially Approved Housing Development Projects in the R-1 District. In addition to any applicable objective zoning standards, objective subdivision standards, and objective design review standards in the Municipal Code, a housing development project approved pursuant to this Section must comply with all applicable objective zoning and design standards to the maximum extent permissible under Government Code Section 65852.21, including but not limited to the following standards for ministerial development projects: 1.Development Standards (Gov. Code, § 65852.21) a.Except as otherwise provided herein, units shall not exceed 800 square feet per unit and shall comply with Paragraph B, above. b.The floor area of the larger unit in a duplex development proposed pursuant to this Section shall be no more than 200 square feet greater than the smaller unit of the duplex development. c.Notwithstanding subparagraph (a), development pursuant to this Section may have a maximum Floor Area Ratio of up to 45% of the net lot area, and a maximum Lot Coverage of 45% of the net lot area plus an additional 5% for roof overhangs, patios, porches, and other similar features not Substantially Enclosed, if it complies with the requirements of Paragraph B and subparagraphs 2 through 16 of this Paragraph; provided, however, that a housing development project on a lot having a slope 30% or greater shall not exceed the floor area allowed under Chapter 19.40. However, under no circumstances shall the size of any ministerially approved unit exceed 2,000 square feet of living space. d.If the site has been occupied by a tenant in the last three years, no more than 25% of the exterior walls of an existing unit shall be demolished. e.If no dedication was required for creation of the lot, the project shall include a dedication to accommodate the predominant public right of way, as determined by the City Engineer, abutting the corresponding lot line and frontage improvements, including curb, gutter and sidewalk shall be installed by the applicant. 2.Second to First Floor Area Ratio: a.The ratio of the second story to first story floor area shall not exceed 50% except that: i.In all R1 zoning districts except the R1-a district: 1.The ratio of the second story to first story floor area may exceed 50%, up to a maximum of 66%, if a combined first-story side setback of 15 feet (with no first- story side setback less than five feet), second- story side setbacks of at least 15 feet each, a rear setback of 20 feet on the first story and a rear setback of 25 feet on the second story are provided. ii.In the R1-a zoning district: 1.The maximum ratio of the second story to first story floor area is 40% but no larger than 500 square feet, except where allowed below; 2.A second floor may exceed 500 square feet, but shall not in any case exceed 1,100 square feet, if first-story side setbacks of at least 10 feet each, a combined second-story side setback of 35 feet (with no second story side setback less than 15 feet), and a rear setback of 20 feet for the first story and 40 feet for the second story are provided. b.Interior areas (measured from the finished floor to the top of the roof rafters) with heights greater than 16 feet shall be double counted as floor area as follows: i.For one story homes, the floor area shall be double counted as first floor area. ii.For two story homes, the floor area shall be counted once each for first and second floor area. 2022 S-90 19.76.010 CHAPTER 19.76: PUBLIC BUILDING (BA), QUASI-PUBLIC BUILDING (BQ) AND TRANSPORTATION (T) ZONES Section 19.76.010 Purpose. 19.76.020 Applicability of regulations. 19.76.030 Permitted, conditional and excluded uses in BA, BQ and T Zones. 19.76.040 Permits required for development. 19.76.050 Application requirements. 19.76.060 Site development regulations. 19.76.010 Purpose. The BA, BQ and T zoning districts are designed to accommodate governmental, public utility, educational, religious, community service, transportation, or recreational facilities in the City. (Ord. 14-2125, § 7 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.76.020 Applicability of Regulations. The specific regulations of this chapter shall apply to all BA, BQ and T zoning districts. (Ord. 14-2125, § 7 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.76.030 Permitted, Conditional and Excluded Uses in BA, BQ and T Zones. Permitted, Conditional and Excluded Uses that may be conducted from property zoned Public Building (BA), Quasi-Public Building (BQ), and Transportation (T) are identified in Table 19.76.030. Table 19.76.030 - Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones Uses Zoning Districts BA BQ T 1.Buildings and other uses on land owned or utilized by a federal, State, county, or city government or authority, or by a special district created for public purposes under the laws of the State of California are permitted in a BA zone. P -- 2.Privately operated educational uses and privately operated public serving uses, including, but not limited to, day care and private educational facilities, which in the opinion of the Director of Community Development, are similar to the permitted uses in the BA zoning district, and which do not create significant adverse impacts to the surrounding area. 1 CUP - PC -- 3.Rotating homeless shelter provided that the following conditions are met: a.Shelter is located within an existing church structure; b.The number of occupants does not exceed twenty-five; c.The hours of operation do not exceed six p.m. to seven a.m.; d.Adequate supervision is provided; e.Fire safety regulations are met; and f.Operation period does not exceed two months in any twelve-month period at any single location. -P - 2024 S-94 139 19.76.030 Cupertino - Zoning 140 Table 19.76.030 - Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones (Cont.) Uses Zoning Districts BA BQ T 4.Permanent emergency shelter provided the following conditions are met: a.Section 19.76.030(2)(b), (d), (e); b.A management plan is provided which includes a detailed operation plan. c.Shelter is available to any individual or household regardless of their ability to pay; and d.Occupancy is limited to six months or less. -P - 5.Public utility companies regulated by the Public Utility Commission for uses restricted to administrative and office buildings, communication equipment buildings, including parking, landscaping and maintenance within an enclosed area or storage yard; -CUP - PC - 6.Religious, civic, and comparable organizations, for uses restricted to church buildings, community halls, administrative buildings, schoolrooms, recreational facilities, and athletic fields, convents, seminaries, and similar uses customarily associated with churches, including parking and landscaping areas; -CUP - PC - 7.Child care facility, residential care facilities, congregate residence, hospitals, vocational and specialized schools; -CUP - PC - 8.Lodges, clubs, country clubs, including accessory uses such as swimming pools, picnic areas, golf courses, driving tees or ranges, miniature golf courses (all uses to be restricted to members of the above organizations and their guests); -CUP - PC - 9.Large-family daycare home;-CUP - PC - 10.Airports, airfields and helicopter terminals, including administration and service buildings, maintenance and storage yards --CUP - PC 11.Railroads, including terminals and stations, freight yards, marshaling yards, storage yards, administrative and service buildings --CUP - PC 12.Bus terminals and stations, including administration and service buildings, maintenance and storage yards --CUP - PC 2024 S-94 141 Public Building (BA), Quasi-Public Building (BQ) and Transportation (T) Zones 19.76.030 Table 19.76.030 - Permitted, Conditional, and Excluded Uses in BA, BQ and T Zones (Cont.) Uses Zoning Districts BA BQ T 13.Freeways, expressways, and other roads with limited or controlled access, including administrative buildings and maintenance yards --CUP - PC Key: P – - – CUP - Admin. – CUP - PC – CUP - CC – Ex – Permitted Use Not Allowed Conditional Use Permit issued by the Director of Community Development Conditional Use Permit issued by the Planning Commission Conditional Use Permit issued by the City Council Excluded Uses 1 Provided such use is conducted on property owned by a federal, State, county, or city government or authority, a special district created for public purposes under the laws of the State of California, or any other governmental agency, and leased for said uses. (Ord. 23-2253, § 1, 2024; Ord. 14-2125, § 7 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.76.040 Permits Required for Development. Prior to the erection of a new building or structure or enlargement or modification of an existing building, structure, or site (including landscaping and lighting) in a BA, BQ or T zoning district, the applicant for a building permit must obtain permits in accord with Chapter 19.12. (Ord. 14-2125, § 7 (part), 2014; Ord. 2085, § 2 (part), 2011) 19.76.050 Application Requirements. Prior to the issuance of development permits, or any amendment thereto, an application shall be made that, in addition to the requirements in Chapter 19.12, shall include a development plan. The plan shall include: A.Types and heights of buildings/structures and location of areas where buildings are to be placed; B.A proposed system of public and private streets, including cross-sections for all types of streets; C.Landscape plans; D.Parking and loading plans as required by this title; E.Any other information, which the Director of Community Development requires in order to evaluate the effects of the proposed facilities on the surrounding areas. (Ord. 14-2125, § 7 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992) 19.76.060 Site Development Regulations. A.Maximum Height of Buildings and Structures. The height of buildings in BA, BQ and T zone districts is regulated by the development plan. B.Setbacks and Screening. 1.There are no minimum setbacks in BA, BQ or T zoning districts; provided, however, that the Planning Commission may establish minimum setbacks with respect to each individual application for a development permit or a conditional use permit in order to provide adequate light, air and visibility at intersections, and to provide general conformity with adjacent and nearby zones and lots, or to promote the general excellence of the development; 2.Adequate screening to limit noise, to reduce glare of lights, and to prevent obnoxious emissions shall be provided when deemed appropriate by the Planning Commission. (Ord. 14-2125, § 7 (part), 2014; Ord. 2085, § 2 (part), 2011; Ord. 2056, (part), 2010; Ord. 1601, Exh. A (part), 1992) 2024 S-94 Cupertino - Zoning 142 19.112.010 CHAPTER 19.112: ACCESSORY DWELLING UNITS Section 19.112.010 Purpose; Incorporation by Reference; Consistency with State Law. 19.112.020 Accessory Dwelling Unit Regulations. 19.112.030 Site development regulations for Streamlined Accessory Dwelling Units & Junior Accessory Dwelling Units 19.112.040 Site Development Regulations for Non-Streamlined Accessory Dwelling Units. 19.112.050 Review process. 19.112.060 Accessory Dwelling Units Prohibited on Certain Lots. 19.112.010 Purpose; Incorporation by Reference; Consistency with State Law. The purpose of this chapter is to promote the goal of affordable housing within the City through provision of additional housing in certain residential, agricultural residential, and mixed-use zoning districts in a manner which minimizes adverse impacts of accessory dwelling units on neighborhoods. Unless otherwise defined in this Title, all terms used in this Chapter shall be defined and interpreted in accordance with Government Code Sections 65852.2 and 65852.22. In the event of a conflict between this Chapter and the requirements of State law, the requirements of State law, including the requirements of Government Code Sections 65852.2 and 65852.22, shall prevail. (Ord. 23-2254, Att. A, § 2 (part), 2024; Ord. 20-2199, § 5 (part), 2020; Ord. 16-2159, § 8 (part), 2016; Ord. 2085, § 2 (part), 2011; Ord. 1601, Exh. A (part), 1992) 19.112.020 Accessory Dwelling Unit Regulations. Notwithstanding any provision of this title to the contrary: 1.Accessory dwelling units are permitted on lots within any residential or mixed-use residential zoning district. The lot must have an existing single family dwelling unit or if zoned multi-family or mixed use residential, at least one residential unit. If the lot is vacant, an accessory dwelling unit may only be proposed in conjunction with the development of at least one residential unit. Notwithstanding the underlying zoning, an accessory dwelling unit developed pursuant to this chapter does not cause the lot upon which it is located to exceed its maximum the allowable density on the lot. 2.Accessory dwelling units must comply with the site development regulations and guideline specified in those zoning districts for dwelling units, including but not limited to: lot coverage; floor area ratio; height; setbacks; landscape; the regulations contained in this chapter; Chapter 19.100, Accessory Structures/Buildings; and Chapter 19.124, Parking; except as those standards are modified by this chapter. 3.No impact fees, as defined in Government Code Section 65852.2(f)(3)(B), shall be imposed on any accessory dwelling unit or junior accessory dwelling unit with a gross floor area of less than 750 square feet. Impact fees imposed on accessory dwelling units greater than or equal to 750 feet shall be charged proportionally in relation to the square footage of the primary dwelling unit in compliance with Government Code Section 65852.2(f)(3)(A). 4.Accessory dwelling units may be rented separately from the single-family dwelling or multi-family dwelling structure but may not be sold or otherwise conveyed separately from the other dwellings on the lot, except pursuant to Government Code Section 65852.26. Any accessory dwelling unit, including a Junior Accessory Dwelling Unit (JADU), shall not be used as a short-term rental. 5.For JADUs, either the single-family residence or JADU must be owner-occupied, unless the owner is a governmental agency, land trust, or housing organization. Further, the owner shall record a deed restriction, expressly enforceable against future purchasers, containing the following: (a) a prohibition on the sale of the JADU separate from the single-family residence, and (b) a restriction on the size and attributes of the JADU to conform to this section. (Ord. 23-2254, Att. A, § 2 (part), 2024; Ord. 20-2199, § 5 (part), 2020; Ord. 17-2170, § 3, 2017; Ord. 16-2159, § 8 (part), 2016; Ord. 2085, § 2 (part), 2011; Ord. 1901, (part), 2002; Ord. 1601, Exh. A (part), 1992) 193 2024 S-94 19.112.030 Cupertino - Zoning 194 19.112.030 Site Development Regulations for Streamlined Accessory Dwelling Units & Junior Accessory Dwelling Units. Pursuant to California Government Code Section 65852.2(e), the City shall approve the following streamlined accessory dwelling units if the specified development standards and use restrictions are met, as identified in: A.Table 19.112.030A for single-family residential uses and B.Table 19.112.030B for multi-family residential uses. Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units and Junior Accessory Dwelling Units Associated with Single-Family Residential Uses and Duplexes Conversion of space within principal dwelling unit or accessory structures New Construction Attached or Detached Accessory Dwelling Unit # 800 s.f. 1. Size of living space, exclusive of decks a. Minimum size 150 s.f. b. Maximum size No size limitation as long as the unit: i.Is wholly within the space of a proposed or existing single-family dwelling or the existing space of an accessory structure, and ii.Does not require either: •An addition of more than 150 square feet to an existing accessory structure to accommodate ingress and egress only, or •Any addition to an existing single-family dwelling unit. 800 s.f. 2.Number of Units Maximum three ADUs per single-family residential lot, and maximum two ADUs per duplex lot, in any combination of the following: •Attached ADU, •Conversion of existing space ADU (whether in principal dwelling unit or existing accessory structure), •Detached ADU, or •Junior ADU 3.Setbacks Per the underlying zoning district except that if the existing structures do not meet these standards, the side and rear setbacks shall be sufficient for fire safety and life safety. a.At least four feet from the rear and side lot lines. b.An applicant alternately may elect to follow the setback standards for accessory structures in Chapter 19.100. 2024 S-94 194A Accessory Dwelling Units 19.112.030 Table 19.112.030A: Site Development Regulations for Streamlined Accessory Dwelling Units and Junior Accessory Dwelling Units Associated with Single-Family Developments Conversion of space within principal dwelling unit or accessory structures New Construction Attached or Detached Accessory Dwelling Unit # 800 s.f. 4.Height The conversion shall not change the height of the existing structure. a.18 feet for detached ADU b.If accessory dwelling unit attached to principal dwelling, 25 feet or the height limitations applicable to the principal dwelling, whichever is lower. c.An applicant alternately may elect to follow the setback and height standards for accessory structures in Chapter 19.100. 5.Second-story accessory dwelling unit Allowed if the unit is a conversion of existing second story portions of the principal dwelling unit. Allowed 6.Parking for accessory dwelling unit None None 7.Direct outside access Independent outdoor access must be provided without going through the principal dwelling unit. 8.Separation from principal dwelling unit The conversion must result in an independent unit. With the exception of a JADU that has a shared bathroom with the principal dwelling unit, no interior doors or other connections between the units are permitted. Detached from principal dwelling unit 1 An additional two feet in height is permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units Associated with Existing Multi-Family Residential Uses Conversion of interior space within multifamily dwelling structures Detached, New Construction 1. Location Conversion of space within existing dwelling structures that is not used as livable space (e.g. existing units) including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, as long as the unit meets building standards for dwellings. Detached from the multi-family dwelling structure(s) 2024 S-94 19.112.030 Cupertino - Zoning 194B Table 19.112.030B: Site Development Regulations for Streamlined Accessory Dwelling Units Associated with Existing Multi-Family Developments Conversion of interior space within multifamily dwelling structures Detached, New Construction 2.Number of Units The greater of: •25 percent of the existing number of primary dwelling units, or •One accessory dwelling unit. No more than two units 3.Minimum Size 150 s.f. 4.Maximum Size No size limitation 1,200 s.f. 5.Setbacks The accessory dwelling unit shall not increase the size of the existing structure. a.Located at least four feet from the side and rear lot lines. b.An applicant alternately may elect to follow the setback and height standards for accessory structures in Chapter 19.100. 6.Height The accessory dwelling unit shall not increase the size of the existing structure. a.18 feet b.An applicant alternatively may elect to follow the setback and height standards for accessory structures in Chapter 19.100. 7.Separation from principal dwelling units The conversion must result in an independent unit. No interior doors or other connections between the units are permitted. Detached from principal dwelling units. (Ord. 23-2254, Att. A, § 2 (part), 2024; Ord. 20-2199, § 5 (part), 2020; Ord. 17-2170, § 4, 2018; Ord. 17-2165, § 12, 2017; Ord. 16-2159, § 8 (part), 2016; Ord. 2085, § 2 (part), 2011) 19.112.040 Site Development Regulations for Non-Streamlined Accessory Dwelling Units. A.This section shall govern applications for ADUs and JADUs that do not qualify for approval under Section 19.112.030 or Government Code Section 65852.2(e)(1) and for which the city may impose local standards pursuant to Government Code Section 65852.2, subdivisions (a) through (d). Nothing in this section shall be interpreted to prohibit an ADU of up to 800 square feet, at the heights stated in Section 19.112.030(A) and 19.112.030(B), with a four-foot side and rear setbacks. B.The Development Standards for units governed by this section are provided in Section 19.112.040. These regulations do not limit the height of existing structures converted into ADU/JADUs unless the envelope of the building is proposed to be modified beyond any existing legal, non-conforming condition. 2024 S-94 194C Accessory Dwelling Units 19.112.040 Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling Units Created by New Construction and/or Additions to the Principal Dwelling Unit Attached > 800 s.f.Detached > 800 s.f. A. Number of Units A maximum of three ADUs per single-family lot in any combination of the following, subject to the underlying zoning standards for lot coverage, floor area, open space, and setback: •No more than one attached ADU •No more than one conversion of existing space ADU (whether in principal dwelling unit or existing accessory structure), •No more than one detached ADU, or •No more than one Junior ADU Nothing in this Section shall permit the development of more than three ADUs or Junior ADUs on any single-family lot. Non-streamlined ADU provisions cannot be combined with streamlined provisions to add more than a total of three ADUs. B.Size of living space, exclusive of decks 1.Minimum size 150 s.f. 2.Maximum size a.Studios/one-bedroom unit – 850 s.f.; two or more-bedroom unit – 1,000 s.f.; and b.Attached accessory dwelling units shall not exceed 50% of the existing primary dwelling c.Application of lot coverage, floor area, and open space standards: i.Maximum size for units # 800 s.f. shall not be limited by lot coverage, floor area ratio, and open space requirements per the underlying zoning. ii.Maximum size for units > 800 s.f. are limited by lot coverage, floor area ratio, and open space requirements per the underlying zoning. These standards shall apply to the gross floor area of the unit proposed. Notwithstanding application of these standards, an 800 s.f. detached accessory dwelling unit is permitted pursuant to Table 19.112.030A or an 800 s.f. attached accessory dwelling unit is permitted. C.Setbacks1 Per the underlying zoning district, except the required side and rear setbacks are modified to four feet. The proposed structure must comply with the setback standards for accessory structures in Chapter 19.100, except the street side setbacks are modified to four feet. D.Height Per the underlying zoning district except 25 feet or the height limitations applicable to the principal dwelling, whichever is lower, within half a mile of a major transit stop or transit corridor. The proposed structure must comply with the height standards for accessory structures in Chapter 19.100, except that a maximum height of 18 feet is allowed within half a mile of a major transit stop or transit corridor. E.Second-story accessory dwelling units Allowed within half a mile of a major transit stop or transit corridor. F.Parking 2024 S-94 19.112.040 Cupertino - Zoning 194D Table 19.112.040: Site Development Regulations for Non-Streamlined Accessory Dwelling Units Created by New Construction and/or Additions to the Principal Dwelling Unit Attached Detached > 800 s.f. 1.Parking for accessory dwelling unit One additional off-street parking space shall be provided, if the principal dwelling unit has less than the minimum off-street parking spaces for the applicable residential zoning district in which it is located, as required in Chapter 19.124 unless the accessory dwelling unit meets one of the following requirements: a.Located within one-half (1/2) mile of a public transit stop; or b.Located within one block of a car share vehicle pick-up location; or c.Located in an architecturally and historically significant historic district; or d.The occupant of the unit is not allowed/offered a required on-street parking permit; or e.Is part of the proposed or existing primary residence or an accessory structure. 2.Replacement parking spaces for existing covered, uncovered or enclosed parking spaces converted to an accessory dwelling unit No replacement parking spaces are required. G.Direct outside access Independent outdoor access must be provided without going through the principal dwelling unit. H.Screening from public street All access to accessory dwelling units shall be on a different wall plane than the access to the principal dwelling unit. I.Structure Design Should be compatible with the architectural style and materials of the principal structure. J.Separation from principal dwelling unit The ADU must be an independent unit. No interior doors or other connections between the ADU and the principal dwelling unit are permitted. Detached from principal dwelling unit. 1 No setback is required for an accessory dwelling unit located within existing living area or an existing accessory structure, or an accessory dwelling unit that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced. (Ord. 23-2254, Att. A, § 2 (part), 2024; Ord. 20-2199, § 5 (part), 2020) 19.112.050 Review Process. Applications for accessory dwelling units conforming to the requirements of this chapter shall be reviewed ministerial without discretionary review and must be approved or denied within the time frame specified in Government Code Section 65852.2. (Ord. 20-2199, § 5 (part), 2020; Ord. 16-2159, § 8 (part), 2016) 19.112.060 Accessory Dwelling Units Prohibited on Certain Lots. Notwithstanding Government Code Section 65852.2 or 65852.22 or any provision of this Chapter, no accessory dwelling unit or a junior accessory dwelling unit shall be permitted on any lot in single-family residence district (R-1 or RHS) if an urban lot split has been approved pursuant to Section 18.12.70 and one or more residential unit(s) have been approved for construction pursuant to Section 19.28.150 or 19.40.090 (Government Code Section 65852.21). (Ord. 22-2246, § III (part), 2022; Ord. 22-2238, § 3.14, 2022; Ord. 21-2235, § 3.14, 2021) 2024 S-94 49 Comprehensive Ordinance List Ord. No. 22-2245 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) 22-2246 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) 23-2247 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) 23-2248 Amends Ch. 9.18, amending stormwater pollution prevention and watershed protection provisions, repeals § 9.18.110 (9.18) 23-2249 Amends Ch. 2.100, updating regulation of lobbying activities, repeals § 2.100.170 and renumbers § 2.100.180 accordingly (2.100) 23-2250 Adds § 9.22.060, prohibiting substandard housing conditions (9.22) 23-2251 Replaces Ch. 5.50, regulating the sale of tobacco products (5.50) 23-2252 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) 23-2253 Amends § 19.76.030, allowing privately operated educational uses (19.76) Ord. No. 23-2254 Amends §§ 19.12.030, 19.12.110, 19.28.040, 19.28.110, 19.28.140, and 19.112.010 through 19.112.040, regarding two-story permit and accessory dwelling unit laws (19.12, 19.28, 19.112) 24-2255 Amends Ch. 3.22 and Ch. 3.23, regarding purchasing and bidding procedures (3.22, 3.23) 24-2256 Amends §§ 2.86.020 and 2.94.010, regularizing city commission and committee terms and revise commissioner qualifications (2.86, 2.94) 24-2257 Amends Ch. 5.50, regulating the sale of tobacco products (5.50) 2024 S-94 Cupertino - Comprehensive Ordinance List 50 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 pay plan 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 RETAILERS PRELIMINARY SOIL REPORT See BUILDING PRIVATE 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 PRIVATE DEVELOPMENTS, ART REQUIREMENTS See ARTWORK, REQUIRED IN PUBLIC AND PRIVATE 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 informal 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 Bond requirements 3.23.140 Definitions 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 deletion permitted when 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 premises inspection authority 3.36.190 PURCHASING 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 orders, check requests, Purchasing Cards, or Use of petty cash funds 3.22.040 Purpose of Chapter 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 Purpose of provisions 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 2024 S-94 33 Index Records 3.35.140 Refunds 3.35.150 Remedies cumulative 3.35.220 Short title 3.35.010 Substantial nexus / minimum contacts 3.35.070 Telecommunication users' tax 3.35.050 TELECONFERENCE MEETINGS Teleconference meetings 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 Appeals 5.50.150 Compliance monitoring 5.50.110 Definitions 5.50.020 Enforcement 5.50.160 Fees 5.50.100 Intent 5.50.010 Interpretation 5.50.170 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 penalties with 5.50.130 penalties without 5.50.140 renewal 5.50.070 revocation 5.50.060 term 5.50.070 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 Cruising 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 Diverters 14.04.125 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 purpose of provisions 11.20.010 signing 11.20.040 Stopping, standing See PARKING 2024 S-94 Cupertino - Index 34 Truck routes compliance required 11.32.030 established 11.32.020 pickups, deliveries, exceptions 11.32.070 school zones—prohibited vehicles 11.32.055 truck defined 11.32.010 unrestricted highways designated 11.32.050 use regulations generally 11.32.060 vehicle types excepted 11.32.080 vehicle weighing authority 11.32.040 violation, penalty 11.32.090 TRAFFIC ENGINEER Bicycle lane sign erection 11.08.260 Parking curb marking, sign authority 11.26.040 handicapped parking space approval 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 Penalty, 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 Transportation Impact Fee Program 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 Assessment collection responsibility 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 plan of protection 14.18.060 protected trees 14.18.050 protection during construction 14.18.200 purpose of provisions 14.18.010 recordation 14.18.100 removal application 14.18.110 approval authority 14.18.110 notice and posting 14.18.130 notice of action 14.18.190 appeal 14.18.190 protection plan before granting permit 14.18.210 retroactive permit 14.18.170 review 14.18.180 retention promoted 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 2021 S-81 37 Index -- Z -- ZONING A-1 zone applicability of provisions 19.24.020 building development regulations 19.24.050 conditional uses 19.24.030 designated 19.16.010 excluded uses 19.24.030 permitted uses 19.24.030 purpose 19.24.010 site development regulations 19.24.040 A zone applicability of provisions 19.24.020 building development regulations 19.24.050 conditional uses 19.24.030 designated 19.16.010 excluded uses 19.24.030 permitted uses 19.24.030 purpose 19.24.010 site development regulations 19.24.040 Accessory building, structure applicability of provisions 19.100.010 Detached Accessory Buildings and Structures Example, Ch. 19.100, Appendix A generally 19.100.020 site development regulations 19.100.030 Accessory dwelling unit A-1 zone 19.20.020 A zone 19.20.020 prohibited on certain lots 19.112.060 purpose; incorporation by reference; consistency with state law 19.112.010 R1 zone 19.20.020 regulations 19.112.020 review process 19.112.050 RHS zone 19.20.020 site development regulations for non-streamlined accessory dwelling units 19.112.040 site development regulations for streamlined accessory dwelling units & junior accessory dwelling units 19.112.030 Accessory facilities A-1 zone 19.20.020 A zone 19.20.020 CG zone 19.60.030 OA zone 19.64.020 PR zone 19.84.020 R-1 zone 19.20.020 R-2 zone 19.20.020 R-3 zone 19.20.020 RHS zone 19.20.020 Administration appeals 19.12.170 applicability of regulations 19.12.020 application process 19.12.080 approval authority 19.12.030 city council, authority of 19.12.070 city council, action by 19.12.140 decision 19.12.100 director, action by 19.12.090 director of community development, action by–Administrative 19.12.120 director of community development, authority of 19.12.040 effective date 19.12.160 expiration, extension, violation and revocation 19.12.180 notice of decision and reports 19.12.150 noticing 19.12.110 planning commission, authority of 19.12.060 planning commission, action by 19.12.130 purpose and intent 19.12.010 Administrative and professional office zone See OA zone Administrative office CG zone 19.60.030 ML-rc zone 19.64.020 MP zone 19.64.020 OA zone 19.64.020 OP zone 19.64.020 Adoption of provisions 19.04.010 Adult-oriented commercial activities applicability of provisions 19.128.020 purpose 19.128.010 regulations concentration of activities 19.128.030 proximity to residential, public, quasi- public uses 19.128.040 Agricultural-residential zone See A-1 zone Agricultural uses PR zone 19.84.020 Agricultural zone See A zone Airfields T zone 19.76.030 Airport T zone 19.76.030 Air sports field FP zone 19.84.020 Amendment boundaries, changes in 19.152.020 generally 19.152.010 prezoning 19.152.040 regulations, changes in 19.152.030 2024 S-94 Cupertino - Index 38 Amusement park FP zone 19.84.020 Animal breeding A-1 zone 19.20.020 A zone 19.20.020 keeping A-1 zone 19.20.020 A zone 19.20.020 R1C zone 19.20.020 R-1 zone 19.20.020 R-2 zone 19.20.020 R-3 zone 19.20.020 RHS zone 19.20.020 Antenna See Wireless communications facilities Apiary A-1 zone 19.20.020 A zone 19.20.020 Appeal action city council 19.136.050 planning commission 19.136.040 filing procedures 19.136.020 generally 19.136.010, 19.136.060 hearing, notification 19.136.030 Arboretum A-1 zone 19.20.020 A zone 19.20.020 Archery practice range FP zone 19.84.020 Architectural, site review findings 19.168.030 limitations regarding decisions 19.168.020 purpose of regulations 19.168.010 Artwork, required in public and private developments See ARTWORK, REQUIRED IN PUBLIC AND PRIVATE DEVELOPMENTS Assembly ML zone 19.64.020 Athletic field FP zone 19.84.020 Auction house ML zone 19.64.020 Automobile rental ML zone 19.64.020 Automobile repair shops CG zone 19.60.030 Automobile sales CG zone 19.60.030 ML zone 19.64.020 Automobile service station CG zone 19.60.030 ML zone 19.64.020 Automobile washing facility CG zone 19.60.030 ML zone 19.64.020 BA zone applicability of provisions 19.76.020 application requirements 19.76.050 conditional uses 19.76.030 designated 19.16.010 excluded uses 19.76.030 permits required for development 19.76.040 permitted uses 19.76.030 purpose 19.76.010 site development regulations 19.76.060 Bank CG zone 19.60.030 Barn A-1 zone 19.20.020 A zone 19.20.020 Beverage container redemption, recycling center See Recycling center Bicycle motocross FP zone 19.84.020 Billiards FP zone 19.84.020 Boardinghouses CG zone 19.60.030 Boat rental ML zone 19.64.020 Boat sales ML zone 19.64.020 Bowling FP zone 19.84.020 BQ zone applicability of provisions 19.76.020 application requirements 19.76.050 conditional uses 19.76.030 designated 19.16.010 excluded uses 19.76.030 permits required for development 19.76.040 permitted uses 19.76.030 purpose 19.76.010 site development regulations 19.76.060 Building materials sales ML zone 19.64.020 Buildings, public and quasi-public A-1 zone 19.20.020 A zone 19.20.020 2016 S-59