1998 NovemberSUF~PLEMENT
INSEFtTION GUIDE
CUPERTINO MUNICIPAL CODE
November, 1998
(Covering Ordinances through 1799)
This supplement consists of reprinted pages replacing existing pages in the
Cupertino Municipal Code.
Remove pages listed in the colurrm headed "Remove Pages" and in their places
insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should lie retained as a permanent record of pages
supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages
Preface ...................... Preface
Checklist ................... Checklist
TEXT
7-10 .......................7-10-1
20-1-20-4 ................ 20-1-20-4a
205 ........................... 205
243 ..................... 243-244-1
491-492 ................. 491-49 2-1
495-498 ................. 49598-1
500-1-502 ................. 501-502
588-9-588-12 ...........588-9-588-12
I~ABLES
614-11-614-12 ......... 614-11-614-12
INDEX
639-640 .................. 639-640
645-648 .................. 64548
661-662 .................. 661-~62
669-~70 .................. 669-b70
PREFACE
The Cupertino Municipal Code, originally published by Book
Publishing Company in 1973, has been kept current by regular
supplementation.
During original codification, the ordinances were compiled,
edited and indexed by the editorial staff of Book Publishing
Company under the direction of Mr. David H. Adams, city
attorney.
The code is organized by subject matter under an expandable
three-factor decimal numbering system which is designed to
facilitate supplementation without disturbing the numbering of
existing provisions. Each section number designates, in se-
quence, the numbers of the title, chapter, and section. Thus,
Section 17.12.050 is Section .050, located in Chapter 17.12 of
Title 17. In most instances, se~:tions aze numbered by tens (.010,
.020, .030, etc.), leaving nine vacant positions between original
sections to accommodate future provisions. Similarly, chapters
and titles are numbered to pr~~vide for internal expansion.
In pazentheses following e~ich section is a legislative history
identifying the specific sources for the provisions of that
section. This legislative history is complemented by an ordi-
nance disposition table, follov~~ing the text of the code, listing by
number all ordinances, their subjects, and where they appeaz in
the codification.
Footnotes referring to applicable statutory provisions are
located throughout the text. A subject-matter index, with
complete cross-referencing, locates specific code provisions by
individual section numbers.
This supplement brings th~~ code up to date through Ordi-
nance 1799, passed October `~, 1998.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(Cupertino ll-98)
CHECKLIST
CUPERTINO 11ZUNICIPAL CODE
This checklist is included to provide a positive means for ascertaining whether your code contains all
current pages. After insertion of the 11-98 supplement, the Cupertino Municipal Code should contain the pages
indicated below. Wherever there is a dash page, it has been listed individually.
Page Number Date Page Number Date
Title 1:
1 .............................. 1-95
3-6 .......................... 12-95
7-10 .......................... 11-98
10-1 ........................... 11-98
Title 2:
100-1-100- 2 ..................... 2 - 9 3
100-2a .......................... 2-93
100-3-100-4 ..................... 5-92
100-5-100-6 .................... 12-95
100-7-100-8 .................... 12-96
100-9-100-12 .................... 9-92
100-13-100-14 .................. 12-96
17 ............................. 8-97
19-20 .......................... 5 - 9 8
20-1-20-4 ...................... 11-98
20-4a .......................... 11-98
20-5-20-6 ....................... 8-97
21-22 ......................... 12-95
22-1-22-3 ...................... 12-95
23-24 .......................... 8-98
24a-24b ........................ 1-95
25-30 ......................... 12-95
31-34 .......................... 8-98
35-51 ......................... 12-95
52/58 .......................... 12-95
59-60 .......................... 3-89
61-63 .......................... 5-96
64166 ........................... 5-96
67-70 ....................... (no date)
70-1-70-2 ...................... 12-95
70-3-70-4 ...................... 12-91
70-5-70-8 ....................... 5-96
70-9 ............................ 5-95
Title 3:
71 ............................ 12-95
73-77 ......................... 12-96
78/86 .......................... 12-96
87-88 ....................... (no date)
89-100 ........................ 12-96
100a-100b ..................... 12-96
Title 4:
101 ......................... (no date)
Title 5:
103 ........................... 12-96
105-106 ....................... 12-95
107-108 ........................ 2-93
109-110 ....................... 12-95
111-114 ........................ 2-93
115-117 ....................... 12-95
119-124 ....................... 12-96
125-128 ........................ 5-96
129-130 ....................... 12-96
130-1 .......................... 12-96
131-132 ....................... 12-95
133-134 ....................... 12-96
135/ 141 ........................ 12-95
142-1-142-4 .................... 12-96
Title 6:
143-150 ........................ 5-96
151 ........................... 12-96
152/156 ........................ 12-96
157-158 ....................... 10-93
159-160 ....................... 12-91
161-162 ....................... 12-96
162-1-162-2 .................... 12-96
163-164 ....................... 12-95
(Cupertino 11-98)
Page Number Date
165 ........................... 12-96
166/ 180 ........................ 12-96
Title 7:
181 ......................... (no date)
Title 8:
183-204 ........................ 5-94
204-1-204-3 ..................... 5-94
Title 9:
205 ........................... 11-98
207-208 ..................... (no date)
209-210 ....................... 12-96
210-1-210-6 ..................... 3-96
210-7 .......................... 12-96
210-9 ........................... 5-96
211-212 ..................... (no date)
213-214 ........................ 5-96
215-216 ....................... 12-96
217-218 ........................ 5-96
219-220 ..................... (no date)
221-222 ........................ 5-96
223-224 ........................ 3-87
225-234 ........................ 5-96
235-239 ....................... 12-96
240/242 ........................ 12-96
242-1-242- 8 ..................... 9- 91
243-244 ....................... 11-98
244-1 .......................... 11-98
Title 10:
245-258 ....................... 12-96
25 8-1 ........................... 9-92
259-277 ....................... 12-96
278/278-2 ....................... 12-96
278-2a-278-2b .................... 1-95
279-281 ....................... 12-96
Title 11:
283 ........................... 12-96
285-290 ........................ 5-95
291-292 ....................... 11-97
Page Number Date
292-1 .......................... 11-97
293-294 ........................ 8-94
295-296 ....................... 11-97
296-1 .......................... 12- 8 7
297/299 ........................ 11-86
301-304 ....................... 12-96
305-308 ....................... 11-97
309 ........................... 12-96
311-312 ........................ 3-87
313-314 ........................ 5-98
315-316 ........................ 8-96
317-318 ........................ 2-97
318-1 ........................... 8-94
319-3 20 ....................... 12-96
320a ............................ 5-95
320-1-3 20-2 ..................... 5-98
320-3 ........................... 5-96
321-322 ........................ 9-89
3 22-1 ........................... 9- 89
323-324 ....................... 12-87
325-326 ....................... 11-86
327-328 ....................... 11-97
329-332 ....................... 12-96
332-1 .......................... 12-96
333-334 ....................... 11-86
3 34-1-334-3 .................... 12-96
335-338 ..................... (no date)
339-340 ....................... 12-96
340-1 ........................... 3-88
341-342 ....................... 12-87
342-1-342-2 .................... 12-96
Title 12:
343 ......................... (no date)
Title 13:
345-354 ..................... (no date)
Title 14:
355 ........................... 12-96
357-358 ........................ 8-94
359-360 ........................ 3-89
360-1 ........................... 3-89
(Cupertino 11-98) 11
Page Number Date
361- 362 ........................ 8-94
362a ....... ..................... 8-94
362-1 -362-2 ..................... 2-93
363- 366 ... ..................... 8-94
366-1 -366-2 ..................... 8-94
367- 368 ... .................. (no date)
368-1 -368-4 .................... 12-96
369- 372 ... .................. (no date)
373- 376 ... .................... 12-96
376-1 -376-2 .................... 12-96
376-2a ..... .................... 12-96
376-3 -376-4 ..................... 4-94
377- 378 ... .................... 12-96
3 78-1 -378-2 .................... 12-96
378-3 -378-4 ..................... 5-96
378-5 -378-6 .................... 12-96
379- 382 ... .................. (no date)
383- 385 ... ..................... 8-94
Title 15:
387-394 ........................ 5-98
395/411 ......................... 5-98
Title 16:
41316 ........................ 5-98
41718 ........................ 2-97
419-~44 ........................ 5-98
445-448 ........................ 8-98
448-1 ........................... 5-98
449-454 ....................... 10-93
45564 ........................ 5-98
464-1-464-2 ..................... 3-96
464-2a-464-2j .................... 3-96
464-3-464-4 ..................... 5 -98
464-4a-X64-4c .................... 5-98
464-5-X64-12 ................... 10-90
46567 ........................ 5-98
468/474 ......................... 5-98
474-1-~74-2 ..................... 3-88
475-480 ........................ 5-98
480-1 ........................... 5-98
Page Number Date
Title 17:
481 ............................ 8-98
483-484 ........................ 8-97
485----488 ....................... 10-93
489---490 ........................ 5 -96
491 X92 ....................... 11-98
492-1 .......................... 11-98
493-494 ....................... 12-94
494-1 .......................... 12-94
495-~98 ....................... 11-98
498-1 .......................... 11-98
499-500 ........................ 8-97
501-502 ....................... 11-98
503-504 ........................ 8-98
505/515 ........................ 12-96
Title 18:
517-568 ....................... 12-95
568-1-568-6 .................... 12-95
Title 19:
569-570 ........................ 8-98
571-572 ....................... 12-94
573-586 ........................ 8-98
587-588 ........................ 2-93
588-1-588-6 ..................... 7-95
588-6a-588-6b .................... 7-95
588-7-588-8 ..................... 4-94
588-9-588-10 ................... 11-98
588-10a-588-1Ob ................. 11-98
588-11-588-12 .................. 11-98
588-12a-588-12b .................. 8-98
588-13 .......................... 8-98
588-14a-588-14b .................. 5-98
588-14c ......................... 7-95
5 88-15-588-16 ................... 2-93
588-17-588-18 .................. 12-96
588-19-588-22 ................... 8-96
588-22a-588-22b .................. 8-98
588-22c-588-22d ................. 12-96
588-23-588-24 ................... 7-95
588-24a-588-24b .................. 7-95
588-25-588-26 .................. 12-93
111 (Cupertino 11-98)
Page Number Date
588-27- 588-28 ................... 4-94
588-29- 588-32 ................... 8-98
588-33- 588-34 .................. 12-96
588-35- 588-38 ................... 8-98
588-38a ......................... 8-98
588-39- 588-42 ................... 5-98
588-42a ......................... 5-98
588-43- 588-44 ................... 8-98
588-45- 588-48 ................... 2-93
588-49- 588-50 ................... 8-98
588-SOa -588-SOb .................. 8-98
588-51- 588-52 ................... 8-98
588-52a-588-52d ................. 12-96
588-52e -588-52h .................. 5-95
588-52i -588-52j .................. 12-96
588-53- 588-54 ................... 2-93
588-55- 588-58 ................... 8-98
588-58a ......................... 8-98
588-59- 588-60 ................... 2-93
588-61- 588-62 .................. 12-93
588-63- 588-64 ................... 4-94
588-65- 588-66/68 ................. 8-98
588-67- 588-72 ................... 2-97
588-72a-588-72c .................. 2-97
588-73- 588-74 ................... 8-98
588-74a -588-74b ................. 12-96
588-75- 588-76 ................... 2-97
588-76a -588-76c .................. 2-97
588-77- 588-78 ................... 2-93
588-79- 588-80 .................. 12-96
588-81- 588-86 ................... 2-93
588-87- 588-88 .................. 12-96
588-89- 588-90 ................... 2-93
588-91- 588-92 .................. 12-94
5 8 8-93- 5 8 8-94 ................... 4-94
588-95- 588-100 ................... 8-98
588-100a-588-100b ................ 5-98
Title 20:
588-101 ........................ 12-94
588-103-588-106 ................. 12-96
Page Number Date
Tables:
589-590 ........................ 5-96
591-592 ........................ 5-98
593-594 ........................ 2-93
5 95-5 99 ....................... 12-96
601-614 ........................ 5-98
614-1-614-4 ..................... 5-98
614-5-614-8 ..................... 8-98
614-9-614-10 ................... 11-97
614-7-614-10 ................... 11-97
614-11-614 -12 .................. 11- 9 8
Index:
61516 ....................... 12-96
617-620 ........................ 5-98
621-622 ........................ 8-97
623-624 ........................ 5-98
624-1 ........................... 8-97
62526 ........................ 8-98
6-27 ............................ 5-98
629/631 ......................... 3-96
63338 ....................... 12-96
639-640 ....................... 11-98
641-642 ....................... 12-96
643-644 ........................ 5-98
645-648 ....................... 11-98
648-1 ........................... 5-98
64951 ....................... 12-96
65 2/654 ........................ 12-96
655-660 ........................ 5-98
661-662 ....................... 11-98
66368 ........................ 8-98
669-670 ....................... 11-98
671-b73 ........................ 8-98
(Cupertino I1-98) 1V
1.08.010
Chapter 1.08
RIGHT OF ENTRY FOR INSPECTION
Sections:
1.08.010 Search warrant required.
1.08.020 Exceptions.
1.08.030 Consent to inspect.
1.08.010 Search warrant required.
Whenever necessary to make an inspection to
enforce any ordinance or resolution, or whenever
there is reasonable cause to believe there exists an
ordinance or resolution violation in any building or
upon any premises within the jurisdiction of the
City, any authorized official of the City, may, upon
presentation of a valid seazch warrant and proper
credentials, enter such building or premises at all
reasonable times to inspect the building or premises
or to perform any duty imposed by ordinance.
(Ord. 1675 § 2(A), 1995)
1.08.020 Exceptions.
The City is not required to obtain a warrant to
search or to seize property in the following circum-
stances:
A. Where the City has obtained consent of the
owner or occupant of the property in the manner
provided in Section 1.08.030;
B. Where the property exists within an open
field, on public streets, pazking lots or other open
places;
C. In an emergency;
D. Where the seizure of the property is autho-
rized pursuant to the police power of the State of
California and does not involve an invasion of pri-
vacy. (Ord. 1675 § 2(B), 1995)
1.08.030 Consent to inspect.
Prior to obtaining consent to an inspection of
property, the owner or occupant of the property
shall be informed that they have the right to refuse
entry and that if such entry is refused, inspection
may be made only pursuant to a valid seazch waz-
rant. (Ord. 1675 § 2(C), 1995)
7
(Cupertino 11-98)
1.09.010
Chapter 1.09
NULSANCE ABATEMENT
Sections:
1.09.010 Short title~tatutory
authority.
1.09.020 Purpose.
1.09.030 Definitions.
1.09.040 Declaration of nuisance.
1.09.050 Notice of hearing to abate.
1.09.060 Posting and serving notice.
1.09.070 Abatement hearing by city
council.
1.09.080 Time for compliance with
abatement order.
1.09.090 Noncompliance with order to
abate-Abatement and
collection of costs.
1.09.100 Alternative remedies.
1.09.160 Violation-Penalty.
1.09.180 Failure to comply with certain
provisions declared a nuisance.
1.09.010 Short title-,Statutory authority.
This chapter shall be known as the "nuisance
abatement ordinance of the City of Cupertino." It is
adopted pursuant to the authority granted to City
legislative bodies in Article 6, Division 3 of the
Government Code (commencing with Section
38771) of the State. (Ord. 1263 (part), 1984)
1.09.020 Purpose.
This chapter is enacted to protect the public
health and to promote the free use of property and
the comfortable enjoyment of life or property within
the limits of the city. (Ord. 1263 (part), 1984)
1.09.030 Definitions.
A. "Public nuisance" means any of the following
conditions, which is, or is likely to become:
1. Injurious to health, safety or welfaze or inde-
cent or offensive to the senses; or
2. An obstruction to the free use of property,
such as interference with the comfortable enjoyment
of life or property; or
3. An unlawful obstruction to the free passage
or use of any public pazk, square, street, highway,
navigable lake, river, bay, stream, canal or basin; or
4. A condition that diminishes property values
and degrades the quality of life within the city; or
5. An accumulation of lumber, trash, debris, gaz-
bage or vegetation dangerous to health, safety or
welfaze or likely to become a fire hazard; or
6. A substandazd building as defined in the 1994
Uniform Housing Code; or
7. An amactive nuisance which may prove detri-
mental to children such as an abandoned well, shaft,
basement, excavation, refrigerator, motor vehicle or
any unsound fence or structure; or any other condi-
tion declared a public nuisance by the City Council
or by a provision of this code.
B. "Record owner" means the person or persons
described as the owner or owners of record of the
pazcel of land on which the nuisance is maintained,
by the last equalized assessment roll or the supple-
mental roll, whichever is more current.
C. "Incidental expenses" means the actual costs
incurred by the City in the enforcement of this
chapter, including, but not limited to, attorneys'
fees; hearing costs; staff costs; inspection costs; and
costs of preparing, copying and mailing documents.
(Ord. 1794 (part), 1998; Ord. 1697 (part), 1995;
Ord. 1677 § 1(A), 1995: Ord. 1263 (part), 1984)
1.09.040 Declaration of nuisance.
Where a condition exists in the City which ap-
peazs to be a nuisance as defined in Section
1.09.030, the City Council shall pass a resolution
declaring its decision to conduct a public hearing to
determine whether the condition is a public nui-
sance. The resolution shall state Council's intent to
commence abatement proceedings pursuant to this
chapter, and shall describe the property involved.
(Ord. 1677 § 1(B), 1995: Ord. 1263 (part), 1984)
(Cupertino I1-98)
1.09.050
1.09.050 Notice of hearing to abate.
Within fifteen calendar days after passage of the
resolution referred to in Section 1.09.040, the City's
designated employee shall conspicuously post the
following on the affected property:
A. A certified copy of the Council's resolution;
and
B. At least two notices of the time and place of
the public hearing to be held before the Council.
This notice shall be entitled, "NOTICE OF HEAR-
ING TO ABATE NUISANCE," shall be printed in
letters not less than one inch in height, and shall
substantially state the following:
CUPERTINO, TO BE HELD IN CITY HALL,
LOCATED AT 10300 TORRE AVENUE,
CUPERTINO, CALIFORNIA, ON
AT P.M., AT WHICH TIME EVI-
DENCE RELATING TO THIS MATTER
WILL BE HEARD AND CONSIDERED.
DATED:
By Order of the City Council
City Clerk
NOTICE IS HEREBY GIVEN THAT ON
. THE COUNCIL OF THE
CITY OF CUPERTINO PASSED A RESO-
LUTION DECLARING TTS DECISION TO
CONDUCT A PUBLIC HEARING TO DE-
TERMINE WHETHER THE CONDITIONS
EXISTING ON THE REAL PROPERTY
LOCATED AT , CUPERTINO,
CALIFORNIA, CONSTITUTES A PUBLIC
NUISANCE. THE CONDITIONS APPEAR-
ING TO BE A NUISANCE CONSISTS OF
THE FOLLOWING:
IF AFTER THE HEARING THE COUNCIL
FIlVDS THESE CONDITIONS TO CONSTI-
TUTE ANUISANCE, THEY MUST BE
ABATED WITHIN DAYS BY DO-
ING THE FOLLOWING:
(Describe action to be taken). IF NOT ABAT-
ED WITHIN THE PRESCRIBED PERIOD,
THE NUISANCE SHALL BE ABATED BY
THE CITY OF CUPERTINO AND THE
COST OF ABATEMENT SHALL BE AS-
SESSED UPON THE PROPERTY ON
WHICH THE NUISANCE IS LOCATED,
CONSITTUTING A LIEN UPON THE PROP-
ERTY UNTIL THE COSTS ARE PAID.
ALL PERSONS HAVING ANY OBJECTION
TO, OR INTEREST IN THIS MATTER, ARE
HEREBY ADVISED TO ATTEND A MEET-
ING OF THE COUNCIL OF THE CITY OF
(Ord. 1677 § 1(C), 1995: Ord. 1263 (part), 1984)
1.09.060 Posting and serving notice.
A. The City's designated employee shall cause
to be served in person or by certified mail, postage
prepaid, return receipt requested, on the record
owner of the property and on any holder of any
mortgage, deed of trust, lien, encumbrance or lease
of record or any other legal interest in the property
on which the nuisance exists: (1) a copy of the
notice referred to in Section 1.09.050(B), and (2) a
certified copy of the Council's resolution referred to
in Section 1.09.040.
B. The City Clerk shall cause the ordinance
codified in this chapter to be published at least once
in a newspaper of general circulation published and
circulated in the City within fifteen days after its
adoption, in accordance with Government code
Section 36933, shall certify to the adoption of this
section and shall cause this section and her certifi-
cation, together with proof of publication, to be
entered in the Book of Ordinances of the Council of
this City.
C. Notice shall be served in accord with Code
of Civil Procedure Section 415.10 et seq. If after a
diligent search the record owner cannot be located,
notice may be served by posting a copy of the no-
tice in a conspicuous place on the property for ten
days and publishing the notice in a general circula-
tion newspaper published in the County.
9 cc~~n~~o a-9s~
1.09.060
D. Notice to the record owner shall be given
prior to recordation of any lien. (Ord. 1794 (part),
1998; Ord. 1677 § 1(D), 1995: Ord. 1546 (part),
1991: Ord. 1263 (part), 1984)
1.09.070 Abatement hearing by City
Council.
A. Resolution as Decision. At the time stated in
the notice of hearing to abate nuisance, the Council
shall hear and consider all relevant evidence. Based
on the evidence presented, the Council shall deter-
mine whether the property or any part, as main-
tained, constitutes a nuisance. If the Council deter-
mines that the property constitutes a nuisance, it
shall adopt a resolution which declares the property
a nuisance, orders abatement of the nuisance within
a reasonable time as determined by the Council, sets
forth the corrections necessary to comply with the
abatement order, and provides findings upon which
the determination of a nuisance was based. This
resolution shall serve as the Council's decision.
B. Rules of Procedure. The rules of procedure
for conducting hearings, appended to this chapter as
Appendix A and incorporated in this chapter by this
reference, shall be followed by the Council in the
conduct of any abatement hearing.
C. Service of Resolution on Record Owner. A
copy of the resolution ordering the abatement of the
nuisance shall be served on the record owner of the
affected property in the manner provided in Section
1.09.060(C). (Ord. 1677 § 1(F), 1995)
1.09.080 Time for compliance with
abatement order.
The record owner shall have the right to abate the
nuisance within the time prescribed in the resolution
or, in the absence of any prescribed time, within
thirty days after the date of adoption of the resolu-
tion. The time prescribed for abatement may be
extended by the Council for a reasonable time upon
a showing of good cause. (Ord. 1677 § 1(H), 1995:
Ord. 1263 (part), 1984)
1.09.090 Noncompliance with order to
abate-Abatement and collection
of costs.
A copy of the resolution provided for in Section
1.09.080 ordering the abatement of the nuisance
shall be served upon the record owner, or other
persons having an interest therein, in accordance
with the provisions of Section 1.09.060, and shall
contain a description of the needed corrections
and/or repair necessary to comply with the abate-
ment order. Any property owner shall have the right
to have the nuisance, as declared, abated, provided
the same is completed prior to the expiration of the
period of time set forth in said resolution or, if no
time is so specified, within a period not to exceed
sixty days after the date of adoption of such resolu-
tion. The time set for abatement, upon good cause
shown, may be extended for a reasonable time, by
the City Council; provided, that if such nuisance is
not abated within such time, the Code Enforcement
Officer or his designated representative shall, by
City forces or private contract, cause the same to be
abated. (Ord. 1697 (part), 1995: Ord. 1677 § 1(I),
1995)
1.09.100 Alternative remedies.
Nothing in this chapter shall be deemed to pre-
vent the City Council from ordering the City Attor-
ney to commence a civil action to abate a nuisance,
as an alternative to, or in conjunction with, the
proceedings contained in this chapter. Further, the
City retains the right to collect costs of abatement
in any manner authorized by law, including a civil
action against the record owner. (Ord. 1677 § 1(K),
1995: Ord. 1263 (part), 1984)
1.09.160 Violation-Penalty.
Any person who violates the provisions of this
chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12. (Ord. 1263 (part), 1984)
(Cupertino 11-98) 10
1.09.180
1.09.180 Failure to comply with certain
provisions declared a nuisance.
Failure to comply with the provisions of the
below listed titles and chapters of this code shall
constitute a public nuisance subject to the abatement
proceedings provided for in this chapter:
Titles Chapters
Title 5
Title 6
Title 8
Title 9
Title 10
Title 11
Title 14
Title 15
Title 16
Title 17
Title 18
Title 19
(Ord. 1697 (;
All
6.24
All
All
All
11.04, 11.10, 11.29, 11.31
All
15.12, 15.20, 15.30
All
All
All
All
part), 1995: Ord. 1263 (part), 1984)
Appendix A
Rules of Procedure for Conducting Hearing
(Public Nuisance)
1. PARTIES. The parties to the proceeding may
consist of any person or persons making a complaint
to the City regazding an alleged public nuisance
being conducted upon or with respect to any real
property or structure thereon within the City, the
owner, occupant or person in chazge and control,
mortgagee or beneficiary under any deed of trust,
10-1
(Cupertino 1]-98)
2.06.010
Chapter 2.06
CITY COUNCII~CAMPAIGN FINANCE
Sections:
2.06.010 Purposes.
2.06.020 Statutory authority.
2.06.030 Defmitions.
2.06.040 Conflicts with provisions of
state law.
2.06.050 Constitutionality.
2.06.060 Construction.
2.06.070 Prohibited acts defined.
2.06.080 Penalty for violations.
2.06.090 Remedies cumulative.
2.06.100 Candidate contribution limits.
2.06.110 Committee contribution limits
(independent expenditures).
2.06.120 Restrictions on when
contributions may be accepted.
2.06.130 Disclosure statements.
2.06.140 Audits, appeals and complaints.
2.06.150 Hearing proceedings.
2.06.160 Criminal proceedings.
2.06.010 Purposes.
A. The proper operation of democratic govenn-
ment requires that elected officials be responsible to
the people; that monetary contributions to political
campaigns on behalf, or against, a candidate, while
a legitimate form of public participation in the polit-
ical process, should not be so great as to permit
particular individuals or organizations to exercise a
controlling or undue influence on the election of
City Councilpersons.
B. This chapter is intended to minimize the
potentially corrupting influence and appearance of
corruption caused by excessive contributions to City
Council campaigns or on behalf of, or against a
candidate, by providing for reasonable contribution
limits for candidates and "independent committees"
as part of the election process.
C. This chapter also is intended to lessen the
potentially corrupting pressures on candidates, of-
ficeholders, and committees, for fundraising by
establishing sensible time periods for soliciting and
accepting campaign contributions.
D. This chapter also seeks to enable each City
voter to cast an informed vote by requiring that
candidates disclose all campaign contributions prior
to a City election and by encouraging committees
to reveal the source of their funding as eazly as
possible in the election process consistent with free
speech principles contained in the Constitution of
the United States and the State of California. (Ord.
1757 § 1 (part), 1997)
2.06.020 Statutory authority.
Section 85706(b) of the California Government
Code, adopted by the voters of the State of Califor-
nia on November 6, 1996, as part of Proposition
208, authorizes the City to impose lower
contribution limitations or other campaign disclo-
sures or prohibitions that aze as, or more, stringent
than set forth under the applicable provisions of
state law. (Ord. 1757• § 1 (part), 1997)
2.06.030 Definitions.
Unless otherwise provided in this chapter, all
words and phrases in this chapter shall have the
same meaning as are defined in Title 9 of the Cali-
fornia Government Code as then exists on the date
of enactment of this chapter or as it may be later
amended. Words and phrases not specifically de-
fined shall be construed according to the context and
approved usage of the language. (Ord. 1757 § 1
(part), 1997)
2.06.040 Conflicts with provisions of state
law.
Where conflict occurs between any provision
established by this chapter and any provision of
applicable state law, the more restrictive or stringent
of any such provision shall apply. (Ord. 1757 § 1
(part), 1997)
2.06.050 Constitutionality.
If any section, subsection, sentence, clause, or
phrase of this chapter is for any reason held to be
invalid or unconstitutional, such decision shall not
20-1 (Cupertino ] 1-98)
2.06.050
affect the validity of the remaining portions of this
chapter. The Council declares that it would have
passed this chapter, and each section, subsection,
sentence, clause and phrase thereof, irrespective of
the fact that any one or more sections, subsections,
sentences, clauses or phrases had been declared
invalid or unconstitutional. (Ord. 1757 § 1 (part),
1997)
2.06.060 Construction.
The provisions of this chapter, and all proceed-
ings under it aze to be construed liberally with a
view to effect its purposes and to promote justice.
(Ord. 1757 § 1 (part), 1997)
2.06.070 Prohibited acts defined.
Whenever in this chapter, any act or omission is
made unlawful, it shall include causing, allowing,
permitting, aiding, abetting, suffering, or concealing
the fact of such act or omission. (Ord. 1757 § 1
(part), 1997)
2.06.080 Penalty for violations.
Any person who violates any provision of this
chapter is guilty of a misdemeanor punishable by a
fine not exceeding one thousand dollazs, imprison-
ment for a term not exceeding six months, or by
both such fine and imprisonment. (Ord. 1757 § 1
(part), 1997)
2.06.090 Remedies cumulative.
All remedies provided for in this chapter shall be
cumulative and not exclusive. All remedies con-
tained herein shall be in addition to any criminal or
civil penalties contained in Section 83116 et seq. of
the California Government Code or any other appli-
cable provision of state law. (Ord. 1757 § 1 (part),
1997)
2.06.100 Candidate contribution limits.
A. Except as provided hereinafter, no person,
other than small contributor committees or political
party committees, shall, make to any candidate for
City Council or to the candidate's controlled com-
mittee, and no such candidate or the candidate's
controlled committee shall accept from any person,
a contribution or contributions totaling more than
one hundred dollars for each election in which the
candidate is attempting to be on the ballot or is a
write-in candidate.
B. No small contributor committee or political
party committee shall make to any candidate for
City Council or the controlled committee of such a
candidate, and no candidate shall accept from a
small contributor committee or political party com-
mittee, acontribution or contributions totaling more
than two hundred dollazs for each election in which
the candidate is attempting to be on the ballot or is
a write-in candidate.
C. The forgiveness of any debt constitutes a
campaign contribution and any forgiveness greater
than the contribution limits contained herein, either
for a candidate or an independent committee, is
prohibited.
D. The provisions of this section shall not apply
to a candidate's contribution of his or her personal
funds to his or her own campaign committee. Candi-
dates can contribute to their own campaigns at any
time before or after the election. The provisions of
this section limiting campaign contributions shall
apply to contributions from a spouse. (Ord. 1797
(part), 1998; Ord. 1757 § 1 (part), 1997)
2.06.110 Committee contribution limits
(independent expenditures).
A. Notwithstanding the provisions of Section
2.06.100 and except as provided hereinafter, any
committee making independent expenditures of one
thousand dollars or more shall not accept from any
person any contribution in excess of two hundred
fifty dollazs for each election in which the commit-
tee is participating.
B. Notwithstanding the provisions of subsection
A of this section, any committee making indepen-
dent expenditures of one thousand dollars or more
shall not accept from any person any contribution
of one hundred dollars or more during the period
fourteen days prior to the election through fourteen
days after the election. (Ord. 1757 § 1 (part), 1997)
(Cupertino 11-98) 20-2
2.06.120
2.06.120 Restrictions on when
contributions may be accepted.
A. No candidate or committee may accept contri-
butions more than six months prior to the election
for which the contributions are to be utilized.
B. No candidate may accept contributions later
than fourteen days prior to the election. In the event
that a candidate incurs more debt in his or her cam-
paign than can be paid by contributions, the candi-
date must retire the debt from his or her own per-
sonal funds prior to January 30th of the year follow-
ing the election. Failure to retire the debt by that
date constitutes a violation of this chapter.
C. No committee making independent expendi-
tures of one thousand dollazs or more may accept
contributions later than fourteen days after the elec-
tion. Any debt incurred by such committee which
is not retired from campaign contributions prior to
January 31st of the yeaz following the election con-
stitutes aviolation of this chapter.
D. This section shall not apply to any funds
raised for the purposes described in Section
85305(d) of the California Government Code (relat-
ed to attorney's fees, cost of recounts, and other
costs described in Section 85305(d). (Ord. 1757 § 1
(part), 1997)
2.06.130 Disclosure statements.
A. Forty days prior to a City Council election,
all candidates and committees shall file with the
City Clerk initial disclosure statements disclosing
the name, address, employer and contribution
amount of all persons making contributions exceed-
ing ninety-nine dollars. Contributions requiring
disclosure include "in kind" contributions of a fair
market value of ninety-nine dollazs or more. In
addition, committees making independent expendi-
tures of one thousand dollazs or more must also
disclose the name, address, and employer of all
officers of the committee. The filing period for the
initial disclosure is January 1st of the even num-
bered yeaz prior to the election through forty-five
days prior to the election, and the deadline is 5:00
p.m. in the City Clerk's Office. Facsimiles and
postmarks are not acceptable.
B. Twelve days prior to a city election, a second
disclosure statement must be filed with the City
Clerk by candidates and committees containing the
same information as in the initial filing for the peri-
od of time since the initial filing. The filing period
for the second disclosure is forty-four days prior
through fourteen days prior to the election, and the
deadline is 5:00 p.m. in the City Clerk's Office.
Facsimiles and postmazks aze not acceptable.
C. Sixteen days after a city election, committees
making independent expenditures of one thousand
dollars or more shall file a third disclosure state-
ment. The filing period for the third disclosure is
thirteen days prior to the election through fourteen
days after the election, and the deadline is 5:00 p.m.
in the City Clerk's Office. Facsimiles and postmarks
aze not acceptable.
D. On January 31st of the yeaz following a city
election, all candidates and committees shall file
final disclosure statements with the City Clerk. The
filing period for the final disclosure is from the date
of the last reporting period through January 30th of
the year following the election, and the deadline is
5:00 p.m. in the City Clerk's Office. Facsimiles and
postmarks are not acceptable.
E. The filing of the above-described disclosure
statements do not relieve candidates or committees
from filing disclosure statements as required by the
Fair Political Practices Act. Cupertino disclosure
statements are no longer required once the
candidate's controlled committee has been terminat-
ed. (Ord. 1797 (part), 1998: Ord. 1757 § 1 (part),
1997)
2.06.140 Audits, appeals and complaints.
A. The City Clerk shall engage the services of
an independent auditor who shall review, in detail,
all campaign disclosure statements.
B. Within five days after the initial disclosure
statements proscribed by Section 2.06.130A are filed
with the City Clerk, the auditor shall prepare and
submit to the City Clerk a written report describing
any and all violations with respect to this chapter
which have appeazed from the statements on file.
20-3 cc~~w~o ~ i-9s>
2.06.140
The clerk shall disseminate the report to the public
forthwith.
C. Any person, including a candidate, wishing
to contest any portion of the auditor's report regard-
ing any initial disclosure statement or wishing to file
a separate complaint against a candidate or commit-
tee alleging a violation or violations of this chapter
shall do so in writing filed with the City Clerk
within five days of the public release of the
auditor's report regarding initial disclosure state-
ments.
D. Within five days after the filing of any such
contest or complaint, a hearing open to the public
shall be held by an independent administrative judge
engaged by the City, who will decide the merits of
any such contest or complaint. Within five days
after the completion of the hearing, the judge shall
issue a written decision which will be made avail-
able to the public.
E. Within three days after the second disclosure
period as described in Section 2.06.130B has
elapsed (nine days prior to the election) the auditor
shall prepare and submit to the City Clerk a second
report describing violations of this chapter which
have occurred since the first reporting period. The
Clerk shall disseminate the report to the public
forthwith.
F. Any person, including a candidate, wishing
to contest the auditor's report regarding any second
disclosure statement or wishing to file a separate
complaint against a candidate or independent com-
mittee regarding a violation or violations of this
chapter which are alleged to have occurred during
the second reporting period may do so in the same
manner described in subsection C of this section;
provided however, that such contest or complaint
must be filed within twenty-four hours of the public
release of the auditor's report regarding the second
disclosure. Within forty-eight hours of the filing of
any such contest or complaint (six days prior to the
election), a hearing open to the public will be held
by the independent administrative judge regarding
the contest or complaint. No later than noon on the
fourth day prior to the election, the independent
administrative judge will issue and make public a
written opinion regarding each appeal or complaint.
G. The amendment'of any disclosure statement
which is the subject of a violation determination
made by the auditor must be filed within forty-eight
hours of the auditor's report.
H. Whenever any contest or complaint is filed
with the City Clerk pursuant to this chapter, or
whenever a hearing before the independent adminis-
trative judge is set, the Clerk shall provide written
notice to the contestant, the complainant, the rele-
vant candidate or independent committee of the
filing or hearing through either personal delivery or
fax within twenty-four hours of the filing and/or
twenty-four hours prior to any hearing, as the case
may be. Any notice of hearing shall contain the
date, time, and place of such hearing and shall have
appended to aid notice a copy of this chapter.
I. With respect to any disclosure statement
required by this chapter to be filed after an election,
the audit and appeal procedure described in Section
2.06.140B, C and D shall be followed. (Ord. 1757
§ 1 (part), 1997)
2.06.150 Hearing proceedings.
A. The independent administrative judge shall
conduct all hearings described in Section 2.06.140
in a manner consistent with the Rules of "Procedure
for Conducting Hearing" described in Appendix A
attached to this chapter.
B. The judge shall use his or her independent
judgment as to the evidence presented.
C. The burden of proof with respect to any
contest or complaint shall be on the party making
the contest or complaint. The burden of proof of any
fact is upon the person asserting the fact. The bur-
den of proof as to any fact is by a preponderance of
the evidence.
D. Notwithstanding anything to the contrary
contained in subsection C of this section, any factual
determination or finding of fact made by the City's
auditor contained in his or her report shall constitute
a rebuttable presumption as to the truth of the deter-
mination or finding.
(Cupertino 11-98) 20-4
2.06.150
E. At the conclusion of the hearing, the judge
may, in his or her discretion, order any party to
reimburse the City for any costs associated with the
hearing, including audit costs. (Ord. 1757 § 1 (part),
1997)
2.06.160 Criminal proceedGngs.
Any criminal proceedings against any person for
a violation of this chapter will be prosecuted by an
independent city prosecutor selected by the Presid-
ing Judge of the Santa Clara County Superior Court.
(Ord. 1757 § 1 (part), 1997)
20-4a (capert;no i ~-9s>
Title 9
HEALTH ArfD SANITATION
Chapters:
9.04 Restaurants and ]Food Establishments
9.06 Massage Establislunents and Services
9.08 Weed Abatement
9.12 Hazardous Materials Storage
9.18 Nonpoint Source Pollution and Watercourse
Protection
9.20 Off-Site Hazardous Waste Facilities
9.22 Property Maintenance
.~~Jr (Cupettino 11-98)
9.20.300
specified in the approved facility permit, unless a
sepazate application is made therefor which shall
satisfy the same procedures and contents as those
required in an initial application.
B. Any off-site hazardous waste facility permit
that is granted shall be used within one year from
the effective date thereof, or within such additional
time as may be set in the conditions of approval,
which shall not exceed a total of two yeass; other-
wise the permit shall be null and void.
C. Notwithstanding the foregoing, if a permit is
required to be used within less than two years, the
penmittee may, prior to the permit's expiration,
request an extension of time in which to use the
permit. A request for extension of time shall be
made to the City Council and shall be filed with the
Planning Director, accompanied by the fees estab-
lished by the City Council.
D. Within thirty days following the filing of a
request for an extension, the Planning Director shall
set the matter as an advertised public hearing on the
regulaz agenda of the Planning Commission who
shall review the application, make a recommenda-
tion thereon, and forward the matter to the City
Council.
E. An extension of time may be granted by the
City Council upon a determination that valid reason
exists for the permittee not using the permit within
the required period of time.
F. If an extension is granted, the total time
allowed for use of the permit shall not exceed a
period of three yeass, calculated from the effective
date of the issuance of the original permit.
G. The term "use" shall mean the beginning of
substantial construction of the use that is authorized,
which construction must thereafter be pursued dili-
gently to completion. (Ord. 1555 Part 6 § 4, 1991)
9.20.310 Penalties.
Violations of any provision of this chapter consti-
tutes amisdemeanor punishable as prescribed in
Chapter 1.12 of this code.
In addition to the criminal penalties prescribed
above, the City Attorney may bring appropriate civil
action to enforce the provisions of this chapter or
any permit issued pursuant to this chapter.
Nothing in this section shall be construed as
affecting permit entitlements granted by other juris-
dictions, nor shall this section be deemed to confer
any rights or remedies upon any person, firm or
corporation not a party to the permit or other
entitlements granted by the City. (Ord. 1555 Part 7
§ 1, 1991)
243 (Cupertino ~ ~-98)
9.22.010
Chapter 9.22
PROPERTY MAINTENANCE
Sections:
9.22.010 Purpose.
9.22.020 Unlawful acts.
9.22.030 Exemptions.
9.22.040 Nuisance.
9.22.050 Enforcement of other laws
unaffected.
9.22.060 Notice to Franchise Tax Board.
9.22.010 Purpose.
The purpose of this chapter is to promote the
health, safety and welfaze of the people of the City
of Cupertino, and to protect the City's neighbor-
hoods against blighting and deteriorating influences
or conditions that contribute to the downgrading of
neighborhood aesthetics and property values by
establishing minimum standards, in addition to
standazds contained in other laws, rules and regula-
tions, for the maintenance of all building exteriors,
premises and vacant land. (Ord. 1793 (part), 1998)
9.22.020 Unlawful acts.
Except for any property which has been approved
by the City for such use, no owner, agent or lessee
or other person occupying or having control of any
property within the City shall maintain or allow to
be maintained any of the following conditions in
any front, side or back yard azeas visible from a
public right-of--way:
A. The storage of any refrigerator, washing
machine, sink, stove, heater, boiler, tank, or any
other household appliance, equipment, machinery or
furniture other than that designed and used for out-
door activities or any part of any listed item for a
period in excess of seventy-two consecutive hours;
B. An accumulation of glass, paper, metal, plas-
tic or other recyclables;
C. Dead, decayed or diseased trees, weeds or
other vegetation likely to cause a fire or health
hazard, an infestation or a habitat for rodents;
D. An accumulation of litter, junk, machine
parts, scrap material, waste paper, boxes and caz-
tons, packing materials, combustible trash, tires or
vehicle parts;
E. The maintenance of any structure in a state
of substantial deterioration, such as peeling paint on
a facade, broken windows, damaged porches, broken
steps, roofs in disrepair and other such deterioration
or disrepair not otherwise constituting a violation,
where such condition would have a tendency to
depreciate the aesthetic and property values of sur-
rounding properties;
F. A lack of adequate landscaping or ground-
cover sufficient to prevent blowing dust and erosion;
G. Except for construction purposes on a contin-
uous basis for a period not to exceed six months
any storage of sand, dirt, gravel, concrete or any
similaz materials liable to constitute an attractive
nuisance hazardous to small children;
H. Except for construction purposes on a contin-
uous basis for a period not to exceed six months
any storage of lumber, salvage materials, building
materials or fixtures. (Ord. 1793 (part), 1998)
9.22.030 Exemptions.
The provisions of this chapter shall not apply in
the following circumstances where:
1. Building materials and equipment are stored
during the period of time continuous construction is
occurring on the property;
2. The property owner, agent or lessee has a
valid permit from the city, state or federal govern-
ment to maintain the condition. (Ord. 1793 (part),
1998)
9.22.040 Nuisance.
A violation of any provision of this chapter may
constitute a public nuisance as determined by the
City Council and may be abated pursuant of Chapter
1.09 of this code. (Ord. 1793 (part), 1998)
9.22.050 Enforcement of other laws unaf-
fected.
Nothing in this chapter affects the power of the
(Cupertino 11-98) 244
9.22.050
City or authorized law enforcement officers to pros-
ecute violators of any statute of the State of Califor-
nia or other ordinances of the City. (Ord. 1793
(part), 1998)
9.22.060 Notice to Franchise Tax Board.
If a property owner fails to correct a violation
relating to substandard housing within six months
or the time prescribed in a written notice of viola-
tion, whichever is later, the City Manager or his
designee may submit a notice of noncompliance to
the Franchise Tax Board to prohibit individuals,
banks and corporations from claiming deductions for
interest, taxes, depreciation or amortization with
respect to the substandard housing pursuant to the
provisions of Sections 17274 and 24436.5, as appli-
cable, of the California Revenue and Taxation Code.
(Ord. 1793 (part), 1998)
214-1 (Cupertino 11-98)
17.24.010
Chapter 17.24
SIGN REGULATIONS
Sections:
17.24.010 Intent and applicability of
provisions.
17.24.020 Sign program-Required when.
17.24.030 Sign program-Information
required.
17.24.040 Signs in special planning
districts.
17.24.050 Wall signs-Number of signs
permitted.
17.24.060 Wall signs-Commercial and
industrial districts.
17.24.070 Wall signs-Office and
institutional districts.
17.24.080 Wall sign location.
17.24.090 Permanent window signs.
17.24.100 Ground signs-Number of
signs permitted.
17.24.110 Ground signs-Size.
17.24.120 Ground signs-Location.
17.24.130 Ground signs-Information
contained.
17.24.140 Ground signs-Gasoline service
stations.
17.24.150 Electronic readerboard signs.
17.24.160 Changeable copy signs.
17.24.170 Freeway orientation.
17.24.180 Design criteria.
17.24.190 IDumination restrictions.
17.24.200 Decorative statuary.
17.24.210 Obstructions prohibited.
17.24.220 Signs near residences.
17.24.230 Residential districts-Name
plates and street or unit
numbers.
17.24.240 Residential districts-
Development identification
signs.
17.24.250 Construction and maintenance
specifications.
17.24.260 Summary of regulations for
signs according to districts.
17.24.270 Beverage container recycling
signs.
17.24.010 Intent and applicability of
provisions.
The regulations in this chapter are intended to
govern the number, size, location and design of
signs within various land use districts of the City.
(Ord. 1624 (part), 1993)
17.24.020 Sign program-Required when.
A. All developments in a commercial, office,
industrial, institutional, or residential district shall
adopt a comprehensive sign program. The sign
program shall be filed with the Director and shall
specify standazds for consistency among all signs
within the development. All regulations in this chap-
ter shall be used as criteria for developing the sign
program.
B. The adoption of a sign program shall be
required at the time of the initial construction of a
new project. Existing developments in the City
which do not have a comprehensive sign program
shall be required to adopt one when the first tenant
in the project requests a change of face as defined
in this title. Thereafter, all subsequent changes of
face in the project shall be required to conform to
the adopted program. (Ord. 1624 (part), 1993)
17.24.030 Sign program-Information
required.
On any commercial, office or industrial site, or
building requiring a sign program, the owner shall
submit to the Director a sign program containing the
following:
A. An accurate plot plan of the site at such scale
as the Director may reasonably require;
B. Location of buildings, parking lots, drive-
ways, and landscaped azeas on the lot;
C. Computation of the maximum total sign azea,
the maximum azea of individual signs, the height of
signs and the number of freestanding signs;
491 (Cupertino 11-98)
17.24.030
D. An accurate indication of each present and
future signs not exempt by this title; and
E. Specifications for consistency among all signs
with regazd to:
1. Color scheme;
2. Sign type (individual channel letters, can
sign, wood signs, etc.);
3. Lighting;
4. Location of each sign on the buildings;
5. Materials;
6. Sign proportions;
7. Any other pertinent information as required
by the Director. (Ord. 1624 (part), 1993)
17.24.040 Signs in special planning districts.
Any business regulated by the Monta Vista De-
sign Guidelines or any azea regulated by a specific
plan shall be subject to the sign regulations con-
tained within those plans. (Ord. 1624 (part), 1993)
17.24.050 Wall signs-Number of signs
permitted.
A. Except for residential districts, each business
with exterior frontage shall be permitted one wall
sign.
B. One additional wall sign shall be permitted
under any one of the following circumstances, pro-
vided there is no more than one wall sign on each
side of the building:
1. For businesses which do not have a ground
sign and the business is adjacent to more than one
street; or
2. The sign is directed to the interior of the
project and not visible from a public right-of--way.
(Ord. 1624 (part), 1993)
17.24.060 Wall signs-Commercial and
industrial districts.
A. In retail commercial or industrial districts,
wall signs shall not exceed one square foot of sign
area per one foot of the store frontage on which the
sign is located. The length of the sign shall not
exceed seventy percent of the store frontage. Each
business shall be allowed a minimum twenty squaze
foot sign. No wall sign shall be greater than two
hundred squaze feet in azea.
B. The maximum height of a wall sign is regu-
lated by the following criteria:
1. Eighteen inches for signs set back fifty feet
or less;
2. Twenty-four inches for signs set back more
than fifty feet;
3. Twenty-four inches for businesses with five
thousand squaze feet or more regazdless of the set-
back;
4. Thirty-six inches for businesses with ten
thousand square feet or more and set back one hun-
dred feet or more;
5. Forty-eight inches for businesses with twenty
thousand squaze feet or more and set back one hun-
dred feet or more.
See Appendix A-8, Example of How to Figure
Size of Wall Sign, on file in the office of the City
Clerk and the Planning Department, for example.
C. Wall signs which are internally illuminated
shall be designed in a manner so that the light
source is not directly visible. Neon lighting used in
the lettering design or accent of any wall sign shall
require approval from the Planning Commission.
(Ord. 1624 (part), 1993)
17.24.070 Wall signs-Office and
institutional districts.
A. Signs for businesses in an office or institu-
tional district shall not exceed one square foot of
sign area per one lineaz foot of frontage. Further,
each sign shall not exceed forty squaze feet and
shall not exceed seventy percent of the frontage the
business occupies in the building.
B. The maximum height of a wall sign in an
office or institutional district is eighteen inches.
Wall signs set back from the property line more
than fifty feet aze permitted a sign height of twenty-
four inches. (Ord. 1624 (part), 1993)
17.24.080 Wall sign location.
A. Wall signs shall not project above the roof
line of the building.
(Cupertino 11-98) 492
17.24.080
B. Wall signs shall not extend above the top
level of the wall upon which it is situated and shall
not project more than six feet from a building.
492-1 (Cupertino >>-9s)
17.24.170
street system adjoining the property rather than to
an orientation that is exclusively visible from the
freeway. Signs may be oriented to the freeway,
subject to the approval of the Planning Commission.
B. Signs must be intended for company identifi-
cation purposes only, be building mounted, and not
exceed the size limitations for building mounted
signs otherwise prescribed in this title. Copy content
for company identification purposes shall be kept as
simple as possible to avoid excessive clutter and to
aid in the legibility of the sign's message.
C. On-site signs of a temporary nature, such as
for sale or for lease signs, may be oriented to the
freeway for a limited period of time subject to the
restrictions of Section 17.32.070.
D. Only one building mounted sign oriented to
a freeway shall be allowed per business, or per
tenant in a building which is occupied by two or
more tenants. However, not more than two freeway-
oriented building mounted signs shall be allowed on
any single building or structure at any time, notwith-
standing the total number of tenants in the building
or structure. Freestanding signs shall not be allowed
for freeway identification purposes.
E. In addition the regulations contained in this
title, signs not exempted or excluded by Section
5272 of the State of California Business and Profes-
sions Code shall be regulated by the "Advertisers"
chapter of that code. (Ord. 1624 (part), 1993)
17.24.180 Design criteria.
Although the aesthetic appeazance of signs is
subjective, the City recognizes that certain basic
design guidelines are needed in order to maintain
the City's high quality appearance. The following
criteria shall be incorporated into the design of
signs.
A. Ground signs shall be either housed in a
frame or set onto a base, presenting a solid, attrac-
tive, well proportioned and balanced appeazance.
The size and shape of the frame or base shall be
proportionate to the size and weight of the sign.
Low signs aze generally more appropriate on a base,
whereas taller signs are generally more appropriate
in a frame. (See Appendix A-2, Examples of Well
Proportioned Signs, Examples of Signs Not Well
Proportioned, on file in the office of the City Clerk
and the Planning Department, for examples.)
B. Ground signs shall be located within a land-
scaped azea proportionate to the size of the sign.
Appropriate landscaping should be placed at the
base of the sign.
C. Each sign shall be compatible and compli-
ment the architectural style of the building with
which it is principally associated, by incorporating
its colors, materials, shape and design. The sign
shall also be compatible with the aesthetic character
of the surrounding developments and neighborhood.
D. Background panels should be consistent in
muted colors.
E. Sign copy shall be simple and concise, with-
out excessive description of services or products.
F. Wall signs shall not project above the eaves
of the roof or top of parapet.
G. The sign's color and illumination shall not
produce distraction to motorists or nearby residents.
(Ord. 1624 (part), 1993)
17.24.190 Illumination restrictions.
A. Exposed neon lighting used in any wall or
ground sign shall require approval by the Planning
Commission.
B. The intensity of illumination for signs located
within the commercial, office and industrial districts
shall not exceed approximately two hundred fifty
foot-lamberts. All other districts shall not exceed
approximately one hundred foot-lamberts. The foot-
lambert readings shall be used as a guide by staff to
evaluate signs which are deemed to be a problem to
passing motorists or residents in the surrounding
neighborhood.
C. The color and thickness of the sign panels as
well as the brightness of the bulbs used to illuminate
the sign shall be designed in such a manner as to
avoid excessive illumination and glaze.
D. Illuminated signs which aze not a necessary
part of the security lighting system for a business
shall be turned off at 11:00 p.m. or within two
hours after the business is closed, whichever is the
later time.
495 (Cupertino 11-98)
17.24.190
E. All exterior lighting shall be placed in a
manner so that the light source will not be seen
from off the site. (Ord. 1624 (part), 1993)
17.24.200 Decorative statuary.
Decorative statuary may be permitted in commer-
cial, institutional, industrial and office districts in
conjunction with the overall architectural design of
the building, the landscaping scheme and the sign
program for the business. The Planning Commission
shall make a determination as to whether a structure
is advertising statuary or decorative statuary, and
shall only approve decorative statuary which is
made an integral part of the site design and theme
of the use or business. (Ord. 1624 (part), 1993)
17.24.210 Obstructions prohibited.
No sign or other advertising structure shall be
erected, relocated or maintained so as to prevent
free ingress to or egress from any door, window,
fire escape, driveway, sidewalk or bike path. (Ord.
1624 (part), 1993)
17.24.220 Signs near residences.
No sign other than those permitted in a residential
district shall be located closer than one hundred feet
from any residential districts except if the sign sur-
face is mounted in such a manner so as not to be
visible from any residence within one hundred feet
of the sign. (Ord. 1624 (part), 1993)
17.24.230 Residential districts--Name plates
and street or unit numbers.
Each residential unit shall be permitted name
plates of two square feet or less and street or unit
numbers. (Ord. 1624 (part), 1993)
17.24.240 Residential districts-
Development identification signs.
Developments containing twenty units or more
shall be permitted one identification sign which shall
not exceed five feet in height and shall be no greater
than thirty-two squaze feet per side. Such signs shall
be placed adjacent to the major entry of the devel-
opment. Projects having frontage on more than one
street shall be permitted one such entry sign on each
street. Identification signs shall contain only the
name and address of the development. (Ord. 1624
(part), 1993)
17.24.250 Construction and maintenance
speciScations.
A. All signs shall conform to the building and
wind load requirements of the Uniform Building
Code and Uniform Electrical Code as adopted in
Title 16 of the Cupertino Municipal Code.
B. All signs with internal illumination shall be
constructed of noncombustible materials, be ap-
proved by Underwriters Laboratory (UL), U.S.
Bureau of Standards, or other similaz institution of
recognized standing, and be maintained in satisfacto-
ry condition or be immediately repaired or replaced.
C. All electrical, gas or other utility service and
other pertinent fixtures shall be placed underground.
D. Guy wires or cable supports used to brace the
sign shall not be visible to the observer.
E. No sign shall be suspended by chains or other
devices that will allow the sign to swing due to
wind causing wear on supporting members.
F. All signs shall be maintained in safe, unbro-
ken, and structurally sound manner, including the
replacement or repair of any defective parts, paint-
ing, cleaning and any other work necessary to main-
tain the sign and any landscape planter associated
with the sign. (Ord. 1624 (part), 1993)
17.24.260 Summary of regulations for signs
according to districts.
Appendix A-3, Summary of Sign Regulations
According to Districts, on file in the office of the
City Clerk and the Planning Department, summariz-
es general sign regulations according to districts.
(Ord. 1624 (part), 1993)
17.24.270 Beverage container recycling
signs.
A. A dealer of beverages sold in containers
which is subject to provisions of the California
Beverage Container Recycling and Litter Reduction
Act of 1986 may display one building mounted
(Cupertino 11-98) 496
17.24.270
single face sign not exceeding ten square feet in
area which sets forth the information concerning a
certified recycling center, as described in Sections
14570 and 14571 of the Public Resources Code.
Such sign shall be allowed in addition to any other
signs allowed for the dealer in accordance with the
provisions of this chapter.
B. Signs for certified redemption centers shall be
subject to the limitations and review procedures
applicable to the zoning district in which the re-
demption center is located. (Ord. 1796 (part), 1998;
Ord. 1624 (part), 1993)
497 (Cupenino 11-98)
17.32.010
Chapter 17.32
TEMPORARY SIGNS-REGULATIONS
Sections:
17.32.010 Temporary signs-Location.
17.32.020 Flags.
17.32.030 Garage sale signs.
17.32.040 Temporary political signs.
17.32.050 Project announcement signs.
17.32.060 Residential real estate signs.
17.32.070 Sale, rent or leasing signs.
17.32.080 Subdivision directional signs.
17.32.090 Temporary and special event
signs and promotional devices.
17.32.100 Window signs.
17.32.010 Temporary signs-Location.
A. Unless otherwise specified in this chapter, all
temporary signs shall be located entirely on the site
for which the use is advertised subject to Sections
17.24.080 and 17.24.120.
B. No person shall paint, mazk, or write on,
post, attach or otherwise affix, any temporary sign
to or upon any public property, sidewalk, crosswalk,
curb, curbstone, fence, wall, public playground
equipment and/or facilities, street lamp post, hy-
drant, tree, shrub, tree stake or guazd, railroad bridge
or crossing, pole for electric light or power or tele-
phone ortelegraph (or other communication service)
or upon any fixture of the fire alarm or police tele-
graph system or upon a lighting system, public
bridge, drinking fountain, street sign or traffic sign.
Additionally, no temporary sign shall be placed,
posted or otherwise affixed in the public right-of-
way, except as provided in this section. The public
right-of--way generally extends behind the sidewalk
(if one is present).
This section does not apply to the following:
1. The maintenance of signs affixed or painted
upon public or private motor vehicles;
2. The maintenance of signs affixed to Santa
Clara County Transit District bus shelters;
3. The maintenance of banners affixed to the top
of the City-owned stanchions located at a site over
Stevens Creek Boulevazd between Wolfe Road and
Portal Avenue;
4. The maintenance of hazazd mazkers or emer-
gency signs.
C. Where off-site signs aze permitted, the fol-
lowing criteria are required unless otherwise speci-
fied:
1. Each sign is limited to four squaze feet per
side;
2. Off-site signs shall not be located on private
property without oral or written consent of the prop-
erty owner or other person entitled to possession;
and
3. Signs shall not in any way restrict the safe
vision of any vehicular or pedestrian traffic or ob-
struct any public directional or safety sign or other
sign permitted by the City. Signs over three feet in
height shall not be located within a corner triangle
or sidewalk site triangle. (Ord. 1796 (part), 1998;
Ord. 1755 (part), 1997: Ord. 1624 (part), 1993)
17.32.020 Flags.
A. Special-event flags and streamers may be
permitted on a temporary basis in all commercial
districts in conjunction with a~ grand opening or
special promotional activity. Flags will also be
permitted in residential zones to identify model
homes which are part of a new development.
B. No special-event flag may be higher than
twenty feet above ground level.
C. No more than two flag poles shall be permit-
ted for each model home for a maximum of one
year.
D. The number of flags or streamers permitted
for a commercial activity shall be subject to the
approval of the Director in conjunction with a com-
prehensive plan for the special-event promotion.
Flags and streamers may be permitted for atwo-
week period.
E. Special event flags or streamers shall be com-
pletely removed not later than five days after the
special event to which they pertain is scheduled and
are otherwise governed by the provisions of Section
17.32.090. (Ord. 1796 (part), 1998; Ord. 1624
(part), 1993)
(Cupertino 11-98) 498
17.32.030
17.32.030 Garage sale signs.
A. Signs advertising a bona fide gazage sale
activity, as defined in Chapter 5.16 of the Cupertino
Municipal Code, shall be permitted which aze less
than eight square feet in area and six feet in height.
These signs are to be located on the property where
the sale is being conducted subject to the restrictions
stated in Section 17.32.O10A and B.
B. Three additional off-site signs may be per-
mitted subject to the restrictions stated in Section
17.32.OlOB and C.
C. Gazage sale signs may be posted twenty-four
hours prior to the event, but must be removed by
sunset the last day of the sale.
D. No approval is required for such signs; how-
ever, the time limits of the sale shall be subject to
Chapter 5.16 of this Municipal Code. (Ord. 1624
(part), 1993)
17.32.040 Temporary political signs.
A. Location. Notwithstanding any provision in
this chapter to the contrary, temporary political signs
aze permitted in all zoning districts of the City,
require no permits or approvals from the City, and
aze subject only to.the following restrictions:
1. Like all other temporary signs, they aze pro-
hibited from being maintained on public property
and public rights-of--way pursuant to Section
17.32.OlOB;
2. Like all other temporary signs, they shalt not
be located on private property without the oral or
written consent of the property owner or other per-
son entitled to possession;
3. Like all other special event temporary signs,
temporary political signs must be completely re-
moved not later than five days after the election to
which they pertain. The City, pursuant to the provi-
sions of Chapter 17.52 of this Municipal Code, may
cause such signs remaining after expiration of the
appropriate five-day period to be removed;
4. Like all other temporary signs, if the Director
of Public Works finds that any temporary political
sign otherwise permitted is an immediate peril or
menace to pedestrian or vehicle traffic, he or she
may cause it to be removed summarily pursuant to
Section 17.52.0400 or this Municipal Code. (Ord.
1796 (part), 1998: Ord. 1755 (part), 1997: Ord.
1655 (part), 1994: Ord: 1624 (part), 1993)
17.32.050 Project announcement signs.
A. New projects under construction, including
subdivisions of five units or more, may be permitted
signs which state the name of the project and/or the
contractors and developers involved with its con-
struction. Such signs shall be subject to the approval
of the Director.
B. No more than two freestanding signs contain-
ing the name of the project, the owner, address and
telephone number, leasing information, dates of
anticipated completion and a listing of the contrac-
tors involved in the project aze permitted for each
project.
C. Each sign shall be no lazger than thirty-two
squaze feet per side and no taller than six feet in
height.
D. Project announcement signs may be permitted
for a maximum of one yeaz or until all of the units
aze sold, whichever comes first. Extensions may be
498-1 (Cupertino I1-98)
17.32.090
3 tenants to 6 tenants -1 tenant display or 1 center
display
7 tenants to 13 tenants -1 tenant display + 1 center
display
14 tenants to 20 tenants -2 tenant displays + 1 center
display
21 tenants to 27 tenants -3 tenant displays + 2 center
displays
28 tenants or more -4 tenant displays + 4 center
displays
D. Shopping centers with approved electronic
readerboazd signs shall only be allowed building
mounted banners. Freestanding temporary or special
event signs for individual tenants aze not allowed.
Special event signs for center-wide special events
aze allowed in accordance with the following sched-
ule:
20 to 27 tenants -2 center displays
28 tenants or more -4 center displays
E. Notwithstanding any provision to the contrary
contained in this chapter, but subject to any maxi-
mum duration regulations contained in this chapter,
all special event temporary signs must be completely
removed not later than five days after the conclusion
of the special event to which they pertain. The City,
pursuant to Chapter 17.52 of this Municipal Code
may cause such signs remaining after expiration of
the appropriate five-day period to be removed. (Ord.
1796 (part), 1998; Ord. 1755 (part), 1997; Ord.
1624 (part), 1993)
17.32.100 Window signs.
A. Window signs shall be permitted in all com-
mercial zones.
B. The total azea of any window obscured by
any combination of permanent and temporary win-
dow signs shall not exceed twenty-five percent of
the window surface.
C. Signs within a window shall be considered
temporary if they remain on the window for less
than thirty days, and shall not be subject to review.
Window signs intended to remain on display for
more than thirty days shall be considered permanent
window signs as regulated by Section 17.24.090.
(Ord. 1796 (part), 1998; Ord. 1624 (part), 1993)
501 (Cupertino 11-98)
17.44.010
Chapter 17.44
SIGN EXCEPTIONS*
Sections:
17.44.010 Authority.
17.44.020 Application and fee.
17.44.030 Planning Commission review
required.
17.44.040 Findings for an exception.
17.44.050 Action by Planning
Commission.
17.44.060 Conditions for revocation of
exception-Notice required.
17.44.070 Exception deemed null and
void when-Notification
required.
17.44.080 Appeals.
17.44.090 Reports to City Council.
* Prior ordinance history: Ords. 1624 and 1655.
17.44.010 Authority.
The Planning Commission may grant a sign ex-
ception in accordance with the provisions of this
chapter. (Ord. 1789 § 1 (part), 1998)
17.44.020 Application and fee.
An application shall be made in writing to the
Planning Commission on a form prescribed by the
Director. The application shall be accompanied by
a nonrefundable fee, a letter explaining the justifica-
tion for the exception, and appropriate exhibits as
deemed necessary by the Community Development
Director. (Ord. 1789 § 1 (part), 1998)
17.44.030 Planning Commission review
required.
A. An exception shall be scheduled for review
by the Planning Commission, not later than thirty
days after filing of application.
B. Mailed written notice of the hearing on the
sign exception shall be given by the Director of
Community Development to all owners of record of
real property (as shown in the last assessment roll)
which abut the subject property, as well as property
and its abutting properties to the left and right,
directly opposite the subject property and located
across a street, way, highway or alley. Mailed notice
shall include owners of property whose only conti-
guity to the subject site is a single point. Said notice
shall be mailed by first class mail at least ten days
prior to the Planning Commission meeting in which
the application will be considered. The notice shall
state the date, time and place of the hearing. A
description of the sign exception shall be included
in the notice. If the Director of Community Devel-
opment believes the project may have negative
effects beyond the range of the mailed notice, paz-
ticularly negative effects on nearby residential azeas,
the Director, in his discretion, may expand noticing
beyond the stated requirements.
C. Compliance with the notice provisions set
forth in this section shall constitute agood-faith
effort to provide notice, and failure to provide no-
tice, and the failure of any person to receive notice,
shall not prevent the City from proceeding to con-
sider or to take action with respect to an application
under this chapter. (Ord. 1789 § 1 (part), 1998)
17.44.040 Findings for an exception.
The Planning Commission may grant an excep-
tion based upon all the following findings:
A. That the literal enforcement of the provisions
of this title will result in restrictions inconsistent
with the spirit and intent of this title;
B. That the granting of the exception will not
result in a condition which is materially detrimental
to the public health, safety, or welfare; and
C. That the exception to be granted is one that
will require the least modification of the prescribed
regulations and the minimum variance that will
accomplish the purpose. (Ord. 1789 § 1 (part),
1998)
17.44.050 Action by Planning Commission.
The decision made by the Planning Commission
is final unless appealed in accordance with Section
17.44.080. (Ord. 1789 § 1 (part), 1998)
(Cupertino 11-98) 502
19.28.010
Chapter 19.28
SINGLE-FAMILY RESIDENTIAL
(R-1) ZONES
Sections:
19.28.010 Purposes.
19.28.020 Applicability of regulations.
19.28.030 Permitted uses.
19.28.040 Conditional uses.
19.28.050 Site development regulations.
19.28.060 Lot coverage, building
setbacks, height restrictions
and privacy mitigation
measures for nonaccessory
buildings and structures.
19.28.070 Permitted yard encroachments.
19.28.080 Solar design.
19.28.090 Interpretation by the Planning
Director.
19.28.010 Purposes.
R-1 single-family residence districts aze intended
to create, preserve and enhance azeas suitable for
detached dwellings in order to:
A. Enhance the identity of residential neighbor-
hoods;
B. Ensure provision of light and air to individual
residential pazcels;
C. Ensure a reasonable level of compatibility in
scale of structures within residential neighborhoods;
D. Maintain spatial relationships between struc-
tures and within neighborhoods;
E. Reinforce the predominantly low-intensity
setting of the conununity. (Ord. 1601 Exh. A (part),
1992)
19.28.020 Applicability of regulations.
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 applica-
ble provisions of this title. (Ord. 1601 Exh. A (part),
1992)
19.28.030 Permitted uses.
The following uses shall be permitted in the R-1
single-family residence- district:
A. Single-family use;
B. A second dwelling unit conforming to the
provisions, standards and procedures described in
Chapter 19.84, except for those second dwelling
units requiring a conditional use permit;
C. Accessory facilities and uses customarily
incidental to permitted uses and otherwise conform-
ing with the provisions of Chapter 19.80 of this
title;
D. Home occupations, when accessory to penmit-
ted residential use as provided in Chapter 19.92 of
this title, and subject to any conditional use permit
requirements contained in that chapter;
E. Horticulture, gazdening, and growing of food
products for consumption by occupants of the site;
F. Residential caze facility that is licensed by the
appropriate State, County agency or department with
six or less residents, not including the provider,
provider family or staff;
G. Small-family day Gaze home;
H. The keeping of a maximum of four adult
household pets, provided that no more than two
adult dogs or cats may be kept on the site;
I. Utility facilities essential to provision of
utility services to the neighborhood but excluding
business offices, construction or storage yards, main-
tenance facilities, or corporation yazds;
J. Lazge-family day caze home, which meets the
pazking criteria contained in Chapter 19.100, and
which is at least three hundred feet from any other
large-family day caze home. The Director of Com-
munity Development or his/her designee shall
administratively approve large day care homes to
ensure compliance with the pazking and proximity
requirements;
K. Congregate residence with ten or less resi-
dents. (Ord. 1688 § 3 (part), 1995; Ord. 1657 (pazt),
1994; Ord. 1601 Exh. A (part), 1992)
Sfl8-9 (Capertioo >>-9s)
19.28.040
19.28.040 Conditional uses.
The following uses may be conditionally allowed
in the R-1 single-family residence district, subject
to the issuance of a conditional use permit:
A. Issued by the Director of Community Devel-
opment:
1. Temporary uses, subject to regulations estab-
lished by Chapter 19.124,
2. Lazge-family day care home, which otherwise
does not meet the criteria for a permitted use. The
conditional use permit shall be processed as provid-
ed by Section 1597.46(3) of the State of California
Health and Safety Code,
3. Buildings or structures which incorporate
solar design features that require variations from
setbacks upon a determination by the Director that
such design feature or features will not result in
privacy impacts, shadowing, intrusive noise or other
adverse impacts to the surrounding area,
4. Second dwelling units which require a condi-
tional use permit pursuant to Chapter 19.84,
5. Home occupations requiring a conditional use
permit pursuant to Chapter 19.92 of this title;
B. Issued by the Planning Commission:
1. Two-story structures in an area designated for
a one-story limitation pursuant to Section 19.28.060
E2 of this chapter, provided that the Planning Com-
mission determines that the structure or structures
will not result in privacy impacts, shadowing, or
intrusive noise, odor, or other adverse impacts to the
surrounding azea,
2. Group caze activities with greater than six
persons,
3. Residential caze facility that is not required
to obtain a license by the state, county agency or
department and has six or less residents, not includ-
ing the provider, provider family or staff,
4. Residential care facility that has the appropri-
ate state, county agency or department license and
seven or greater residents, not including the provid-
er, provider family or staff, is a minimum distance
of five hundred feet from the property boundary of
another residential caze facility,
5. Residential care facility that is not required
to obtain a license by the state, county agency or
department and has seven or greater residents, not
including the provider, provider family or staff, is
a minimum distance of five hundred feet from the
property boundary of another residential caze facili-
ty,
6. Congregate residence with eleven or more
residents which is a minimum distance of one thou-
sand feet from the boundary of another congregate
residence and has a minimum of seventy-five square
feet of usable rear yard area per occupant. (Ord.
1784 (part), 1998; Ord. 1688 § 3 (part), 1995; Ord.
1657 (part), 1994; Ord. 1618 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.28.050 Site development regulations.
A. Lot Area Zoning Designations.
1. Lot azea shall correspond to the number (mul-
tiplied by one thousand squaze feet) following the
R-1 zoning symbol. Examples aze as follows:
Minimum Lot Area
Zoning Symbol Number in Square Feet
R-1 6 6,000
R-1 7.5 7,500
R-1 10 10,000
R-1 20 20,000
The minimum lot size in an R-1 zone is 6,000
square feet.
2. Lots which contain less azea than required by
Section 19.28.050 A1, but not less than five thou-
sand squaze feet, may nevertheless be used as build-
ing sites provided that all other applicable
requirements of this title aze fulfilled.
B. Lot Width. The minimum lot width shall be
sixty feet measured at the front-yard setback line.
C. Development on Slopes of Thirty Percent or
Greater.
1. Site plans for all development proposals shall
include topographical infonmation at contour inter-
vals not to exceed ten feet. Areas where slopes
exceed thirty percent shall be identified on the site
development plan.
(Cupertino ~~-9s) 588-10
19.28.050
2. No structure or improvements shall occur on
slopes of greater than thirty percent unless an excep-
tion is granted in accordance with Section
19.40.140, unless no more than five hundred squaze
feet of development, including grading and struc-
tures, occurs on an azea with a slope greater than
thirty percent. (Ord. 1635 § 1 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.28.060 Lot coverage, building setbacks,
height restrictions and privacy
mitigation measures for
nonaccessory buildings and
structures.
A. Lot Coverage. A building or buildings may
cover no more than forty percent of the net lot azea.
B. Floor Area Ratio. A building or buildings
may have a maximum floor azea ratio of forty-five
percent of the net lot azea.
C. Setback-First Floor. (Nonaccessory struc-
tures).
1. Front Yazd. The minimum front-yard setback
is twenty feet, provided that for a curved driveway
the setback shall be fifteen feet as long as there aze
no more than two such fifteen-foot setbacks occur-
ring side by side.
2. Side Yazd. The minimum side-yazd setback
shall be five feet, provided that there must be a
minimum of ten feet side-yard setback on at least
one side yard. In instances where an addition is
proposed to an existing structure where both side-
yazd setbacks aze less than ten feet, the wider side
yazd shall be maintained. The addition may extend
as close as five feet from the side lot line on the
narrowest side of the building only. In the case of
a corner lot, a minimum side-yazd setback of twelve
feet on the street side of the lot is required.
3. Rear Yazd. The minimum reaz-yard setback
is twenty feet except that in the event that the usable
rear yazd equals, or exceeds, twenty times the lot
width, the minimum rear-yazd setback is ten feet.
D. Setback~econd Floor. (Nonaccessory struc-
tures).
1. The minimum front and rear setbacks aze
twenty-five feet.
2. The minimum side setbacks are ten feet,
provided that in the case of a flag lot the minimum
setback is twenty feet from any property line and in
the case of a corner lot a minimum of twelve feet
from a street line and twenty feet from any reaz
property line of an existing, developed single-family
dwelling.
3. Setback Surchazge. A setback distance equal
to fifteen feet shall be added in whole or in any
combination to the front or side-yard setback re-
quirements specified in Section 19.28.060 D2 of this
section. A minimum of five feet of the fifteen feet
shall be applied to the side yazd(s).
4. Accessory Buildings/Structures. Chapter 19.80
governs setbacks, coverage and other standazds for
accessory structures.
E. Additional Site Requirements.
1. Maximum Height. The height of any principal
dwelling in an R-1 zone shall not exceed twenty-
eight feet, not including fireplace chimneys, anten-
nae, or other appurtenances.
2. Heights exceeding twenty feet shall be subject
to the setback regulations in subsection D of this
section.
3. Areas Restricted to One Story. The City
Council may prescribe that all buildings within a
designated area be limited to one story in height
(not exceeding eighteen feet) by affixing to the R-1
zoning district, the designation "i"; provided, how-
ever, that the limitation may be removed through
use permit approval, as provided in Section
19.28.040B by the Planning Commission.
4. Exceptions for Hillside Areas. Notwithstand-
ing any provisions of Section 19.28.060 E1 to the
contrary, the Planning Commission may make an
exception for heights to exceed twenty-eight feet
under certain circumstances:
a. The subject property is in a hillside azea and
has slopes of ten percent or greater;
b. Topographical features of the subject property
make an exception to the standard height restrictions
necessary or desirable;
c. In no case, shall the maximum height exceed
thirty feet for a principal dwelling or twenty feet for
an accessory building or dwelling;
5813-10a (Cupertino 11-98)
19.28.060
d. In no case, shall the maximum height of a
structure located on prominent ridgelines, on or
above the four-hundred-fifty-foot contour exceed
twenty feet in height.
F. Privacy Protection Requirements.
1. Required Landscape Planting.
a. Planting Plan. A building permit application
for a new two-story house or a second-story addition
shall be accompanied by a planting plan which
identifies the location and species of existing and
proposed trees or shrubs located on the applicant's
property lines which are within a cone of vision
defined by a thirty degree angle from the side win-
dowjambs of all second-story windows (see Exhibit
1, attached to the ordinance codified in this subsec-
tion). The purpose of the planting is to provide
screening between second-story windows and imme-
diately surrounding yards as viewed from the cone
of vision. The planting is required on the applicant's
property, unless option C is applied.
b. Planting Requirements. The minimum size of
the proposed trees shall be twenty-four inches box
and eight feet minimum planting height. The mini-
mum size of the shrubs shall be fifteen-gallon and
six feet planting height. The planting must be able
to achieve a partial screening within three years
from planting. The species and planting distance
between trees shall be governed by Appendix A,
attached to the ordinance codified in this subsection.
The trees or shrubs shall be planted prior to issuance
of a final occupancy permit.
c. Options. Where planting is required, the
applicant may plant on the affected property owners
lot in lieu of their own lot or the affected property
owner may modify the numbers of shrubs or trees,
their types and locations by submitting a waiver to
the Community Development Department along
with the building permit (see Appendix B, attached
to the ordinance codified in this subsection).
d. Applicability. This requirement shall not
apply to skylights, window with sills above five feet
from the floor, windows facing aright-of--way,
louvered windows that prevent views into adjoining
properties, and windows facing a nonresidential
zoning district.
e. Maintenance. The required plants shall be
maintained. Landscape planting maintenance in-
cludes irrigation, fertilization and pruning as neces-
sary to yield a growth rate expected for a particular
species. Where required planting dies, it must be
replaced within thirty days with the size and species
as described in Appendix A, attached to the ordi-
nance codified in this subsection. The affected prop-
erty owner with privacy protection planting on their
own lot is not required to maintain the landscaping.
2. Window Alignment.
a. Window Alignment. A building permit appli-
cation for a new two-story house or a second-story
addition shall be accompanied by a site plan which
includes the adjacent buildings and their existing
second-story windows. New side two-story windows
shall not align with existing two-story windows on
adjacent buildings. The architect shall provide hori-
zontal and vertical projections from the proposed
windows to the adjacent windows.
b. Waiver. Where window alignment occurs, the
applicant may modify this requirement upon receipt
of written approval from the affected property own-
ers (see Appendix B, attached to the ordinance
codified in this subsection).
c. Applicability. This requirement shall not
apply to skylights, windows with a sill height above
five feet from the floor, windows facing aright-of-
way, louvered windows that prevent views into
adjoining properties, and windows facing a non-
residential zoning district.
3. Exception.
a. With respect to a request for two-story devel-
opment which does not meet the development re-
quirements contained in this subsection, the Com-
munity Development Director may grant an excep-
tion to allow two-story development if the subject
development, based upon substantial evidence, meets
all of the following findings:
i. The literal enforcement of the provisions of
this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter;
ii. The proposed development will not be injuri-
ous to property or improvements in the area nor be
detrimental to the public safety, health and welfare;
(Cupertino 11-98) 588-1Ob
19.28.060
iii. The proposed development is otherwise con-
sistent with the City's General Plan and with the
purposes of Chapter 19.28;
iv. The adjoining property owner is otherwise
protected from unreasonable privacy impacts.
b. An application for exception must be submit-
ted on a form as prescribed by the Director of Com-
munity Development. The application shall be ac-
companied by a fee prescribed by City Council
resolution, no part of which shall be refundable, to
the applicant. Upon receipt of an application for an
exception, the Director shall issue a notice of public
hearing before the Director of Community Develop-
ment for an exception under this chapter in the same
manner as provided in Section 19.120.060 (relating
to zoning changes). After a public hearing, and
consideration of the application in conjunction with
the mandatory findings contained in pazagraph a of
this subdivision; the Director of Community Devel-
opment shall approve, conditionally approval or
deny the application for an exception. The decision
of the Director of Community Development may be
appealed to the Planning Commission as provided
in Section 19.136. 010.
c. An exception which has not been used within
one year following the effective date thereof, shall
become null and void and of no effect unless a
shorter time period shall specifically be prescribed
by the conditions of such permit or variance. An
exception permit shall be deemed to have been
"used" in the event of the erection of a structure
when sufficient building activity has occurred and
continues to occur in a diligent manner. One addi-
tional one-yeaz extension may be granted by the
Director of Community Development if an applica-
tion is filed before the expiration date as provided
in Section 19.124.100D.
d. In addition to any other remedies, the City
attorney is authorized to commence and maintain a
civil action to enforce the provisions of this chapter
or any conditions attached to the granting of any
permit or exception granted under this chapter. (Ord.
1799 § 1, 1998; Ord. 1784 (part), 1998; Ord. 1637
(part), 1993; Ord. 1635 (part), 1993; Ord. 1630
(part), 1993; Ord. 1601 Exh. A (part), 1992)
19.28.070 Permitted yard encroachments.
A. In R-1 zones, where a building legally con-
structed according to -existing yazd and setback
regulations at the time of construction encroaches
upon present required yards, one encroaching side
of the existing structure may be extended along
existing building lines even when the existing first-
floor setbacks do not meet the requirements of this
chapter. Only one such extension shall be permitted
for the life of such building. This section applies to
the first story only and shall not be construed to
allow the further extension of an encroachment by
any building which is the result of the granting of
a variance, either before or after such property be-
comes part of the City.
B. The extension or addition may not further
encroach into any required setback; e.g., a single
story may be extended along an existing five-foot
side-yard setback even though the other side yazd
does not equal ten feet. However, in no case shall
any wall plane of a first-story addition be placed
closer than three feet to any property line.
C. Architectural features (not including patio
covers) may extend to a required yazd a distance not
exceeding three feet, provided that no architectural
feature or combination thereof, whether a portion of
a principal or auxiliary structure, may extend closer
than three feet to any property line. (Ord. 1618
(part), 1993; Ord. 1601 Exh. A (part), 1992)
19.28.080 Solar design.
The setback and height restrictions provided in
this chapter may be varied for a structure utilized
for passive or active solaz purposes, in R-1 zones,
provided that no such structure shall infringe upon
solaz access or property rights of adjoining property
owners. Any solaz structure which requires variation
from the setback or height restriction of this chapter
shall be allowed only upon issuance of a conditional
use permit by the Director of Community Develop-
ment. (Ord. 1601 Exh. A (part), 1992)
19.28.090 Interpretation by the Planning
Director.
In R-1 zones, the Director of Community Devel-
588-11 (Cupertino >>-9s>
19.28.090
opment shall be empowered to make reasonable
interpretations of the regulations and provisions of
this chapter consistent with the legislative intent
thereof. Persons aggrieved by an interpretation of
the chapter by the Director of Community Develop-
ment may petition the Planning Commission in
writing for review of the interpretation. (Ord. 1601
Exh. A (part), 1992)
(Cupertino I1-98) 588-12
ORDINANCE LIST
1733 Mobile vendor permits (5.48)
1734 Rezone (Special)
1735 Rezone (Special)
1736 Amends Ch. 19.108 entirely, wireless
communications facilities (19.108)
1737 Amends Ch. 19.100 entirely, parking
regulations (19.100)
1738 Rezone (Special)
1739 Amends § 11.08.260, bicycles (11.08)
1740 Amends § 11.08.250, bicycles (11.08)
1741 Amends § 11.24.150, pazking (11.24)
1742 Adds new § 16.04.080, residential roof-
ing and renumbers §§ 16.04.080-
16.04.160 to be 16.04.090-16.04.170,
building code provisions (16.04)
1743 Amends § 11.24.150, pazking (11.24)
1744 Not enacted
1745 Amends § 11.08.250, bicycle lanes
(11.08)
1746 Rezone (Special)
1747 (Not passed)
1748 Rezone (Special)
1749 Rezone (Special)
1750 Rezone (Special)
1751 (Not enacted)
1752 (Not enacted)
1753 Amends specific plan (Special)
1754 Rezone (Special)
1755 Adds § 17.04.030; amends §§
17.32.010, 17.32.040 and 17.32.090,
zoning (17.04, 17.32)
1756 Rezone (Special)
1757 Adds Ch. 2.06, city council campaign
finance (2.06)
1758 Adopts interim measures to protect
structures from demolition of potentially
historic sites (Not codified)
1759 Amends § 11.08.250, bicycle lanes
(11.08)
1760 Amends § 11.26.110, pazking (11.26)
1761 Adopts interim measures to protect
structures from demolition of potentially
historic sites (Not codified)
1762 Amends § 11.20.030, stop signs (11.20)
1763 (Pending)
1764 Amends Ord. 1750, rezone (Not codi-
fied)
1765 Amends § 1-1.20.020, stop signs (11.20)
1766 Amends § 11.08.250, bicycle lanes
(11.08)
1767 Adds §§ 11.08.014, 11.08.015 and
11.08.270; renumbers § 11.08.270 to be
11.08.280, roller skates and skateboards
(11.08)
1768 Rezone (Special)
1769 Amends Stevens Creek Boulevazd spe-
cific plan (Special)
1770 Prezone (Special)
1771 Prezone (Special)
1772 Rezone (Special)
1773 (Not available)
1774 Rezone (Special)
1775 Adds § 2.04.050, city council term
limits (2.04)
1776 Amends § 15.32.060; repeals and re-
places Ch. 15.04, waterworks system,
rates and chazges; repeals and replaces
Ch. 15.20, sewage disposal systems;
repeals Chs. 15.08, 15.12 and 15.30
(15.04, 15.20, 15.32)
1777 Adds §§ 16.08.185, 16.08.290,
16.08.300, 16.16.025, 16.20.110,
16.20.120, 16.28.065, 16.32.090,
16.36.055; amends §§ 16.08.020,
16.08.080, 16.08.200(A)(1), 16.08.250
(B), 16.12.010, 16.12.020, 16.12.040,
16.16.020, 16.16.070, 16.20.080,
16.24.020, 16.24.030, 16.24.060,
16.24.080,16.28.040(C),16.28.060(A),
16.32.080, 16.40.070, 16.40.930,
16.40.950(A); amends title of Ch.
16.12; repeals and replaces §§
16.20.100, 16.32.100; repeals §§
16.04.040, 16.04.150, 16.08.090,
16.08.140(B), 16.08.180(B), 16.08.190
(C), 16.08.250(B)(1 and 2), 16.08.280
(A-C), 16.20.030, 16.20.040,
16.20.090(A)(Part One), 16.24.040,
16.36.030(D), 16.36.070(D), 16.40.940,
16.40.950(D), 16.42.280; repeals Chs.
61~G-11 (Cupertino I1-98)
TABLES
16.44, 16.48 and 16.60; repeals Ch.
16.44 Appx. A, Ch. 16.52 Article subti-
tles, Ch. 16.60 Tables A, B, C, D, E,
and F and Demand/Capacity Ratio
graph; buildings and construction regu-
lations (16.08, 16.12 16.16, 16.20,
16.24, 16.28, 16.32, 16.36, 16.40)
1778 Adds Ch. 19.134, azchitectural and site
review process (19.134)
1779 Adds §§ 19.32.090 and 19.60.090,
azchitectural and site review (19.32,
19.60)
1780 Designating permit pazking on Rose
Blossom Drive from McClellan Road to
Lily Avenue (Not codified)
1781 Amends § 11.24.160, parking (11.24)
1782 Prezone (Special)
1783 Prezone (Special)
1784 Amends §§ 19.08.030, 19.28.040,
19.28.060, 19.32.060, 19.40.110,
19.56.040, 19.56.060, 19.56.070,
19.64.050, 19.64.080, 19.76.070,
19.80.030, 19.88.030, 19.92.060 and
19.104.040; repeals Ch. 19.96; zoning
(19.08, 19.28, 19.32, 19.40, 19.56,
19.64, 19.76, 18.80, 19.88, 19.92,
19.104)
1785 Prezone (Special)
1786 Amends specific plan (Special)
1787 Amends Ch. 2.32, planning commission
(2.32)
1788 Amends Ch. 16.28, fences (16.28)
1789 Amends Ch. 17.44, sign exceptions
(17.44)
1790 Amends Ch. 19.132, zoning (19.132)
1791 Amends Ch. 19.134, zoning (19.134)
1792 Amends §§ 2.16.010-2.16.030, city
council (2.16)
1793 Adds Ch. 9.22, property maintenance
(9.22)
1794 Amends §§ 1.09.030(A) and
1.09.060(A) and (B), nuisance abate-
ment (1.09)
1795 Rezone (Special)
1796 Amends §§ 17.32.010, 17.32.040,
17.32.090(E) and 17.32.100, temporary
signs-regulations; renumbers §
17.32.120 to be 17.24.270, sign regula-
tions; repeals § 17.32.110 (17.24,
17.32)
1797 Amends §§ 2.06.100(D) and 2.06.130,
city council-campaign finance (2.06)
1798 Proposition for utility users excise tax
and annexation (Special)
1799 Amends § 19.28.060, zoning (19.28)
(Cupertino 11-98) 614-12
MECHANICAL CODE
Name substitution 16.24.020
Permit fees 16.24.070
Violation, penalty 16.24.080
MINOR
See BINGO
CURFEW
MOBILE VENDORS
See VENDORS, MOBILE
MOSQUITOES
Abatement
by city when 9.16.080
-N-
NEWSPAPER
See ADVERTISEMENT
NEWS RACK
Display prohibitions 10.21.070, 10.21.100
Findings, purpose of provisions 10.21.010
Impoundment permitted when 10.21.120
Permit
fee 10.21.030
required 10.21.020
Removal permitted when 10.21.120
Violation, penalty 10.21.080, 10.21.130
cost
See also Lien
payment by owner 9.16.090
notice
contents 9.16.050
when 9.16.040
Breeding places declared nuisance 9.16.020
Enforcement authority 9.16.030
Findings, intent 9.16.010
Health officer defined 9.16.150
Hearing 9.16.060
Lien
exemption 9.16.140
foreclosure 9.16.120
generally 9.16.100
recordation, priority 9.16.110
satisfaction from sale proceeds 9.16.130
Recurrence of nuisance 9.16.070
MOTEL
Business license
See also BUSINESS LICENSE
fee 5.04.390
MOTOR COURT
Business license tax rate 5.04.390
MOVING BUILDINGS
See BUILDING
NOISE CONTROL
Administration 10.48.020
Animals, birds 10.48.061
Brief daytime incidents 10.48.050
City department duties 10.48.023
Definitions 10.48.010
Deliveries, pickups, nighttime 10.48.062
Disturbance prohibited 10.48.060
Emergency exception 10.48.030
Exceptions
appeal 10.48.032
emergency 10.48.030
special, granting 10.48.031
Grading, construction, demolition 10.48.053
Home maintenance activities 10.48.051
Maximum levels 10.48.040
Motor vehicle
faulty muffler system 10.48.056
idling 10.48.055
Multiple-family dwelling unit, interior noise
10.48.054
Multiple section applicability 10.48.013
Officer
See NOISE CONTROL OFFICER
Other remedies 10.48.014
Outdoor public events 10.48.055
Recreational vehicles 10.48.057
639 (Cupertino 11-98)
NOISE CONTROL
Violation
notice 10.48.011
penalty 10.48.012
NOISE CONTROL OFFICER
Administrative duty 10.48.020
Defined 10.48.010
Duties 10.48.022
Exception granting authority 10.48.031
Noise abatement order 10.48.011
Powers 10.48.021
NUISANCE
Abandoned, wrecked, inoperative vehicle 11.04.010
Abatement
See NUISANCE ABATEMENT
Animal 8.08.150
Code chapters designated 1.09.180
Fire code violations 16.40.750
Graffiti 10.60.020
Nighttime delivery to commercial establishment
10.48.062
Penalty 1.12.030
Property maintenance
See PROPERTY MAINTENANCE
Sewer wells, cesspools, seepage pits 15.20.120
Sign, illegal 17.52.070
Watercourse pollution discharge 9.18.050
Weeds 9.08.020
Zoning provisions, noncompliance 1.09.170
NUISANCE ABATEMENT
Civil action permitted 1.09.100
Compliance, time limit 1.09.080
Cost recovery 1.09.090
Declaration of nuisance 1.09.040
Definitions 1.09.030
Hearing
council action 1.09.070
notice
form 1.09.050
service, posting 1.09.060
Purpose of provisions 1.09.020
Short title, statutory authority 1.09.010
Violation, penalty 1.09.160
- O -
OFF-STREET VEHICLES
Appeal from permit denial 11.10.015
Exemptions 11.10.013
Operation
parent, guardian responsibility 11.10.014
permit requirements 11.10.012
Purpose of provisions 11.10.010
Vehicle defined 11.10.011
Violation, penalty 11.10.016
ORDINANCE
See also RESOLUTION
Clerk record keeping 2.20.030
Defined 1.04.010
Passage
effective date 2.12.050
time, reading 2.12.020
vote required 2.12.040
Publication 2.12.010
Real property description requirements 2.12.060
- P -
PACIFIC GAS AND ELECTRIC COMPANY
See FRANCHISE
PARADES AND ATHLETIC EVENTS
Administration, authority designated 10.44.030
City costs, reimbursement 10.44.075
Definitions 10.44.020
Indemnification requirements 10.44.055
Liability insurance required 10.44.056
Obstruction, interference prohibited 10.44.130
Permit
appeal 10.44.140
application
contents 10.44.050
criteria 10.44.100
decision, notice 10.44.100
fee 10.44.070
filing period 10.44.060
contents 10.44.110
required 10.44.040
(Cupertino 11-98) 640
PRELIMINARY SOIL REPORT
PRELINIINARY SOIL REPORT
See BUII.DING
PRIVATE SCHOOL
Business license
See also BUSINESS LICENSE
fee 5.04.420
Security
See also Bid
forfeiture when 3.23.080
Work
additional, procedure when 3.23.160
deletion permitted when 3.23.170
PROPERTY MAINTENANCE
City powers 9.22.050
Exemptions from provisions 9.22.030
Franchise Tax Boazd, notice 9.22.060
Nuisance declazed 9.22.040
Prohibited acts 9.22.020
Purpose of provisions 9.22.010
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
term of office 2.60.020
vacancy removal 2.60.030
Records required 2.60.060
PUBLIC WORKS CONTRACTS
Awazd, 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 Awazd, criteria
Proceeds, deposit, use 3.23.150
Purpose of provisions 3.23.010
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 order, request, petty cash required
3.22.040
Purpose of provisions 3.22.010
PURCHASING OFFICER
Contract awazd authority 3.22.060
Designated 3.22.020
Powers, duties generally 3.22.030
Q
QUARANTINE
See ANIMAL
(rY~S (Cupertino 11-98)
RECORDER, COUNTY
R
RECORDER, COUNTY
Documentary stamp tax administrator 3.04.090
REFUSE
See GARBAGE
RENTAL DISPUTE MEDIATION
Appeal 2.78.080
Enforcement 2.78.090
Purpose of provisions 2.78.010
Subpoena
application
contents 2.78.050
procedure 2.78.040
form, serving 2.78.060
issuance
authority 2.78.020
findings required 2.78.070
restrictions 2.78.030
RESOLUTION
See also ORDINANCE
Money payment, adoption 2.12.030
Official forms 2.12.070
RESTAURANT
Definitions 9.04.010
Food, unwholesome, destruction authority
Meat
inspection required 9.04.110
manufacturing requirements 9.04.120
Permit
application, issuance 9.04.030
denial 9.04.050
fee 9.04.040
nontransferable 9.04.070
required 9.04.020
revocation, suspension 9.04.060
Prima facie evidence 9.04.090
Rules, regulations 9.04.080
Smoking
See SMOKING
Violation, penalty 9.04.130
REST HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
RETAINING WALL
See EXCAVATION, GRADING, RETAINING
WALLS
RETIREMENT SYSTEM
See PERSONNEL
REVENUE
See TAX
RIGHT OF ENTRY
See INSPECTION
ROLLER SKATES
Defined 11.08.014
Prohibited where 11.08.270
Violations, penalties 11.08.280
-S-
SALE OF SURPLUS SUPPLIES, EQUIPMENT
See EQUIPMENT, SURPLUS, SALE
SALES AND USE TAX
9.04.100 Administration, state contract 3.08.050
Collection, enjoining prohibited 3.08.160
Exemptions, exclusions 3.08.120
Operative date 3.08.030
Purpose 3.08.040
Rate 3.08.020
Sales
place, consummation 3.08.070
tax, imposed 3.08.060
Short title 3.08.010
State code
additional permits not required 3.08.110
amendments, chapter applicability 3.08.150
limitations 3.08.100
provisions adopted 3.08.090
Use tax, imposed 3.08.080
Violation, penalty 3.08.170
(Cupertino 11-98) (~()
SALESPERSON
SALESPERSON
Business license
See also BUSINESS LICENSE
fee 5.04.290
SAN JOSE WATERWORKS
See FRANCHISE
Private system requirements 15.20.040
Purpose of provisions 15.20.010
Sanitary sewer, public,- required, exceptions
15.20.030
Septic tank requirements 15.20.080
Soil tests 15.20.050
State contractor's license required when 15.20.090
Violations
SEASONAL LOT
Business license
See also BUSINESS LICENSE
fee 5.04.330
SECONDHAND DEALER
Applicability of provisions 5.40.010
Definitions 5.40.020
Inspection authority 5.40.030
SEISMIC SAFETY
See TOXIC GASES
SEWER
See also SUBDIVISION
WATER
WATER POLLUTION
PREVENTION
Abandoned system 15.20.140
Appeals, generally 15.20.190
Applicability of provisions 15.20.010
Alteration, permit required 15.20.070
Building permit issuance requirements 15.20.100
Definitions 15.20.020
Enforcement authority designated 15.20.170
Failing system, correction responsibilities
15.20.130
Installation, construction, alteration
inspections 15.20.110
state contractor's license required 15.20.090
Liability disclaimer 15.20.160
New construction, permit required 15.20.060
Nuisance declarations 15.20.120
Permit required
alterations 15.20.070
new construction 15.20.060
septic tanks 15.20.080
designated 15.20.180
recording notice 15.20.150
SHEEP
See ANIMAL
SHERIFF
Bingo
inspection 5.32.180
permit applicant investigation 5.32.210
Private patrol
identification card issuance 5.24.130
permit application approval 5.24.040
uniform, equipment approval, inspection
5.24.120
SHOPPING CENTER
See also TRESPASSING
Free speech activity restrictions 10.56.040
SIDEWALK
See STREETS AND SIDEWALKS
SIGN
Abandoned, discontinued sign 17.52.030
Appeal 17.52.090
Beverage container recycling sign 17.24.270
Changeable copy sign regulations 17.24.160
Compliance required 17.12.010
Construction, maintenance standards 17.24.250
Cost recovery 17.52.060
Definitions 17.08.010
Design criteria 17.24.180
Enforcement of provisions 17.52.010
Exception
appeal 17.44.080
application, fee 17.44.020
617 (Cupertino I1-98)
SIGN
approval conditions 17.44.040
authority 17.44.010
expiration 17.44.070
planning commission review
decision 17.44.050
generally 17.44.030
report to city council 17.44.090
revocation grounds, notice 17.44.060
Exempt sign, designated 17.16.010
Freeway oriented sign regulations 17.24.170
Ground sign regulations
content 17.24.130
gasoline service station provision 17.24.140
location 17.24.120
maximum number 17.24.100
size 17.24.110
Illegal sign
deemed nuisance 17.52.070
notice, removal 17.52.040
storage 17.52.050
Inspection 17.12.100
Lighting restrictions 17.24.190
Modification 17.12.070
Nonconforming sign regulations 17.52.020
Obstruction prohibited 17.24.210
Permit
appeal, exception 17.12.090
application
approval, permit issuance 17.12.080
approval process 17.12.110
form, contents 17.12.040
new development, timing requirement
17.12.050
review criteria 17.12.060
planning commission review, required when
17.12.030
required 17.12.020
revocation
authority 17.12.120
grounds 17.12.130
hearing 17.12.140
Program
information requirements 17.24.030
required when 17.24.020
Prohibited, designated 17.20.010
Purpose of provisions 17.04.020
Readerboard sign, electronic 17.24.150
Regulations by district, on file 17.24.260
Removal
See Illegal sign
Residential district regulations
development identification sign 17.24.240
signs near district 17.24.220
street numbers, name plates 17.24.230
Savings clause 17.04.030
Scope of provisions 17.24.010
Special planning district regulations 17.24.040
Statuary 17.24.200
Temporary sign regulations
flag 17.32.020
garage sale 17.32.030
location 17.32.010
political sign 17.32.040
project announcement 17.32.050
real estate sign
generally 17.32.070
residential 17.32.060
special event sign, promotional device required
17.32.090
subdivision directional sign 17.32.080
summary of provisions 17.32.110
window sign 17.32.100
Title of provisions 17.04.010
Violation, penalty 17.52.080
Wall sign regulations
commercial, industrial districts 17.24.060
location 17.24.080
maximum number 17.24.050
office, institutional districts 17.24.070
window sign, permanent 17.24.090
SKATEBOARDS
Defined 11.08.015
Prohibited where 11.08.270
Violations, penalties 11.08.280
SMALL-INCOME BUSINESS
Business license
See also BUSINESS LICENSE
fee 5.04.450
(Cupertino 1]-98) 648
VEHICLE
-V
VEHICLE
See also PARKING
TRAFFIC
Abandoned
abatement
authority 11.04.050
compliance time limit 11.04.091
cost recovery, generally 11.04.092
cost recovery, repeat violation 11.04.150
notice 11.04.060
definitions 11.04.011
disposition
final 11.04.140
notice 11.04.110
procedure 11.04.120
enforcement of provisions 11.04.040
hearing
procedure 11.04.090
when 11.04.070
nuisance 11.04.031
prohibitions
designated 11.04.019
exceptions 11.04.020
purpose of provisions 11.04.010
Taxicab
See TAXICAB
VENDING MACHINE
Business license
See also BUSINESS LICENSE
fee 5.04.360
VENDORS, MOBILE
Exemptions 5.48.060
Location restrictions 5.48.050, 5.48.070
Operating regulations 5.48.080
Permit
application, issuance 5.48.030
fees 5.48.040
required 5.48.020
revocation, suspension 5.48.090
Purpose of provisions 5.48.010
Violation, penalty 5.48.100
-W-
WASTE
See GARBAGE
WATERCOURSE POLLUTION
PREVENTION
reconstruction 11.U4.13U
Animal transport in
See ANIMAL
Bicycle
See BICYCLE
Off-street
See OFF-STREET VEHICLES
Overweight, special permit
appeals 11.37.070
applicability 11.37.020
application
contents 11.37.030
fee 11.37.040
issuance 11.37.050
limitations, restrictions, imposition 11.37.060
purpose of provisions 11.37.010
Peddler, restrictions 5.20.120
WATER
See also FRANCHISE
SEWER
WATERCOURSE POLLUTION
PREVENTION
Conservation
definitions 15.32.020
emergency shutoff 15.32.050
findings 15.32.010
prohibited acts 15.32.030
violation, penalty 15.32.060
Rates, charges
appeals 15.04.050
definitions 15.04.010
determination criteria 15.04.020
establishment procedure 15.04.030
E~6I (Cupertino ~ 1-98)
WATER
exceptions generally 15.04.040
imposition authority 15.04.020
modifications, establishment procedure
15.04.030
pass-throughs authorized when 15.04.040
WATERCOURSE POLLUTION PREVENTION
Definitions 9.18.020
Dischazges
accidental dischazge
notice, statement requirements 9.18.070
prevention, facilities, requirements 9.18.060
permitted, NPDES permit required 9.18.080
restrictions, prohibitions generally 9.18.040
storm drain
See also Specific Subject
connection required 9.18.030
violation
See also Violation
nuisance when 9.18.050
Nonpoint source pollution discharge 9.18.010
NPDES permit
See Discharges
Purpose of provisions 9.18.010
Storm drain
discharge regulations 9.18.030
Violation
See also Dischazges
administrative penalties 9.18.130
civil penalties
illicit dischazges 9.18.110
provisions, permit violation 9.18.100
misdemeanor 9.18.090
notice, contents 9.18.120
WEAPON
See FIREARM
WEEDS
See also PROPERTY MAINTENANCE
Abatement
assessment
collections as tax 9.08.100
hearing 9.08.090
notice, posting, mailing 9.08.080
responsibility 9.08.070
authority, procedure 9.08.060
hearing 9.08.050
notice
form designated 9.08.030
mailing 9.08.040
property damage, notice of improvements
9.08.110
Defined, prohibited 9.08.010
Nuisance, abatement required 9.08.020
-Z-
ZONING
A-1 zone
applicability of provisions 19.20.020
conditional uses 19.20.040
designated 19.12.010
interpretation of provisions 19.20.090
permitted uses 19.20.030
prohibited uses 19.20.050
purpose 19.20.010
site development regulations 19.20.060
solar designs 19.20.080
yard regulations 19.20.070
Accessory building, structure
applicability of provisions 19.80.010
generally 19.80.020
Accessory facilities
A-1 zone 19.20.030
A zone 19.16.030
GC zone 19.56.030
OA zone 19.76.030
PR zone 19.68.030
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
Administrative and professional office zone
See OA zone
Administrative office
OA zone 19.76.030
Adoption of provisions 19.04.010
Adult oriented commercial activities
applicability of provisions 19.104.020
purpose 19.104.010
(Cl~pertino 11-98) 662
ZONING
change to other than conforming use prohibited
19.112.030
expansion prohibited 19.112.020
maintenance, repair 19.112.040
proceedings 19.112.110
record 19.112.100
replacement 19.112.050
value determination 19.112.090
Nuisance 19.04.050
Nursery
A-1 zone 19.20.040
A zone 19.16.030
ML zone 19.60.030
O-A zone
applicability of provisions 19.76.020
conditional uses 19.76.040
designated 19.12.010
new development, conditional use permit
requirements 19.76.070
permitted uses 19.76.030
purpose 19.76.010
site development regulations 19.76.050
Off-street parking
See also Pazking
applicability of provisions 19.100.020
exceptions, generally 19.100.050
purpose of provisions 19.100.010
regulations 19.100.040
Open space zone
See OS zone
Orchazd
A-1 zone 19.20.030
A zone 19.16.030
OS zone
applicability of provisions 19.24.020
conditional uses 19.24.040
permitted uses 19.24.030
purpose 19.24.010
Outdoor activity center
FP zone 19.72.040
Packing, crating establishment
NII. zone 19.60.030
Pazk
PR zone 19.68.030
Pazk and recreation zone
See PR zone
Parking
See also Off-street pazking
applicability of provisions 19.100.020
exceptions, generally 19.100.050
nonresidential zones regulations 19.100.030
purpose of provisions 19.100.010
regulations generally 19.100.040
residential zones regulations 19.100.030
shazed pazking regulations 19.100.040
Pazking, pazking gazage
ML zone 19.60.030
PD zone
applicability of provisions 19.48.020
approval action
city council 19.48.060
planning commission 19.48.050
conceptual development plan required
19.48.040
conditional use permit
approval action, city council 19.48.090
approval action, planning commission
19.48.080
required 19.48.070
development plan modification 19.48.110
establishment, permitted, conditional uses
19.48.030
purpose 19.48.010
Permitted uses
A-1 zone 19.20.030
A zone 19.16.030
BA zone 19.64.030
BQ zone 19.64.040
CG zone 19.56.030
ML zone 19.60.030
OA zone 19.76.030
OS zone 19.24.030
PR zone 19.68.030
R-1 zone 19.28.030
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
669 (Cupertino ll-98)
ZONING
RIC zone 19.44.040 Public building zone
T zone 19.64.060 See BA zone
Personal services Purpose of provisions 19.04.010
CG zone 19.56.030 Quarry
Pets A-1 zone 19.20.040
R-2 zone 19.32.030 A zone 19.16.040
R-3 zone 19.36.030 Quasipublic building zone
Photography studio See BQ zone
CG zone 19.56.030 R-1 zone
Picnic area applicability of provisions 19.28.020
BQ zone 19.64.050 conditional uses 19.28.040
FP zone 19.72.040 designated 19.12.010
Planned development zone interpretation of provisions 19.28.090
See PD zone lot 19.28.060
Playground permitted uses 19.28.030
PR zone 19.68.030 purpose 19.28.010
OS zone 19.24.040 site development regulations 19.28.050
Pond solar design 19.28.080
OS zone 19.24.040 yard 19.28.070
Pool R-2 zone
OS zone 19.24.040 applicability of provisions 19.32.020
Poultry raising, hatchery architectural, site review 19.32.090
A-1 zone 19.20.040 building coverage, setbacks 19.32.070
A zone 19.16.030 conditional uses 19.32.040
Prezoning 19.120.110 designated 19.12.010
Privacy protection height 19.32.050 ~ -
R-1 zone 19.28.060 lot 19.32.060
Private recreation zone permitted uses 19.32.030
See FP zone purpose 19.32.010
Processing yard 19.32.080
ML zone 19.60.030 R-3 zone
Professional office applicability of provisions 19.36.010
CG zone 19.56.030 conceptual development plan required
OA zone 19.76.030 19.36.050
Prohibited uses conditional uses 19.36.040
A-1 zone 19.20.030 designated 19.12.010
A zone 19.16.050 pazking 19.36.070
CG zone 19.56.050 permitted uses 19.36.030
FP zone 19.72.070 purpose 19.36.010
ML zone 19.60.050 site development regulations 19.36.060
PR zone Racquet club
applicability of provisions 19.68..020 FP zone 19.72.040
designated 19.12.010 Radioactive material manufacture
park master plan required 19.68.040 ML zone 19.60.040
permitted uses 19.68.030
purpose 19.68.010
(Cupertino i]-98) 670