1998 MaySUPPLEMENT
INSERTION GUIDE
CUPERTINO MUNICIPAL CODE
M~~y, 1998
(Covering Ordinances through 1781)
This supplement consists of reprinted pages replacing existing pages in the
Cupertino Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their places
insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should lbe 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
TE
19-20 ....... XT
........19-20
313-314 ..... ...... 313-314
320-1-320-2 .. ... 320-1-320-2
387--~ 12-2 .... ... 387-395/411
413-416 ..... ...... 413----41 E~
419-~48 ..... .... 419-1148- l
455---464 ..... ...... 455---4641
464-2k----464-4 . .. 464-3-X64-4c;
464-13-474... ...465-~68/47~~
47580-19 ... .... 475-480- ],
5 69-5 70 ..... ...... 5 69-5 70
588-13-588-14b ........... .
........... 588-13-588-141
588-39-588-42 ........... .
........... . 5 88-39-5 88-42;a
5 8 8 -97-5 8 8 -9 9 ........... .
........... 5 88-97-5 88-1001
Remove Pages Insert Pages
TABLES
591-592 ........... 591-592
601-614-6 ........ 601-614-6
614-11 ........ 614-11-614-12
INDEX
617-620 . .......... 617-620
623--624 . .......... 623-624
625-627 . .......... 625-627
639-640 . .......... 639-640
643--644 . .......... 643-644
647-648 -1 ........ 647-648 -1
655-668 . ....... 655-666/668
671-674 . .......... 671-674
PREFACE
The Cupertino Municipal Code, originally published by Book
Publishing Company in 1973, has been kept current by regular
supplementation.
During original codificatioi-, 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 se~~tion number designates, in se-
quence, the numbers of the ~atle, chapter, and section. Thus,
Section 17.12.050 is Section ..050, located in Chapter 17.12 of
Title 17. In most instances, sec;tions aze numbered by tens (.010,
.020, .030, etc.), leaving nine vacant positions between original
sections to accommodate future provisions. Similazly, chapters
and titles aze numbered to provide for internal expansion.
In parentheses following etch 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 appear in
the codification.
Footnotes referring to applicable statutory provisions are
located throughout the text. Asubject-matter index, with
complete cross-referencing, locates specific code provisions by
individual section numbers.
This supplement brings th,e code up to date through Ordi-
nance 1781, passed April 6, 1998.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(Cupertino 5-98)
CHEC:KLIST
CUPERTINO MUNICIPAL CODE
This checklist is included to provide a positive means for ascertaining whether your code contains all
current pages. After insertion of the 5-98 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
3-15 .......................... 12-95
Title 2:
17 ........ ..................... 8-97
19-20 ..... ..................... 5-98
20-1-20-6 .. ..................... 8-97
21-22 ..... .................... 12-95
22-1-22-3 .. .................... 12-95
2 3-24 ..... .................... 12-96
24a-24b ... ..................... 1-95
25-51 ..... .................... 12-95
52/58 ...... .................... 12-95
59-60 ..... ..................... 3-89
61-63 ..... ..................... 5-96
64/66 ...... ..................... 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
7-77 . . . . . . ................... 12-96
78/86 ....... ................... 12-96
87-88 ...... ................. (no date)
89-100 ..... ................... 12-96
100~100b .. ................... 12-96
100-1-100-2 . .................... 2-93
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
Title 4:
101 ......................... (no date)
Title 5:
103 ........ ................... 12-96
105-106 .... ................... 12-95
107-108 .... .................... 2-9 3
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 . ................... 12-96
Title 6:
143-150 ........................ 5-96
151 ........................... 12-96
152/156 .... .................... 12-96
157-15 8 ... .................... 10-93
159-160 ... .................... 12-91
161-162 ... .................... 12-96
162-1-162-2 .................... 12-96
163-164 ... .................... 12-95
165 ....... .................... 12-96
166/180 .... .................... 12-96
Title 7:
181 ......................... (no date)
i (Cupertino 5-98)
Page Number Date
Title 8:
183-204 ........................ 5 -94
204-1-204-3 ..................... 5-94
Title 9:
205 ............................ 2-93
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 - 8 7
225-234 ........................ 5 -96
235-239 ....................... 12-96
240/242 ........................ 12-96
242-1-242-8 ..................... 9-91
243 ........................... 12-96
Title 10:
245-25 8 ....................... 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
2 85-290 ........................ 5 -95
291-292 ....................... 11-97
292-1 .......................... 11-97
293-294 ........................ 8-94
295-29 6 ....................... 11-97
296-1 .......................... 12-87
297/299 ........................ 11-86
301-304 ....................... 12-96
305-308 ....................... 11-97
Page Number Date
309 ........................... 12-96
311-312 ........................ 3-87
313-314 ........................ 5-98
315-316 ........................ 8-96
317-318 ........................ 2-97
318-1 ........................... 8-94
319-320 ....................... 12-96
320a ............................ 5-95
320-1-320-2 ..................... 5-98
320-3 ........................... 5-96
321-322 ........................ 9-89
322-1 ........................... 9-89
323-324 ....................... 12-87
325-326 ....................... 11-86
327-328 ....................... 11-97
329-332 ....................... 12-96
332-1 .......................... 12-96
3 33-334 ....................... 11-86
334-1-334-3 .................... 12-96
335-338 ..................... (no date)
339-340 ....................... 12-96
340-1 ........................... 3-8 8
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
357-35 8 ........................ 8-94
359-360 ........................ 3-89
360-1 ........................... 3-89
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
(Gl~pertino 5-98) 11
Page Number Date
369-372 . .
373-376 . .
376-1-376-2
376-2a ....
376-3-376-4
377-378 . .
378-1-378-2
378-3-378-4
378-5-378-6
379---382 . .
383-385 . .
.......... (no date)
............ 12-96
............ 12-96
............ 12-96
............. 4-94
............ 12-96
............ 12-96
............. 5-96
............ 12-96
.......... (no date)
............. 8-94
Title 15:
387-394 ........................ 5-98
395/411 ......................... 5-98
Title 16:
ai~ai~ .................... 5-98
417-418 .... .................... 2-97
419-~48 .... .................... 5-98
448-1 ....... .................... 5-98
449-454 .... ................... 10-93
455-~64 .... .................... 5-98
464-164-2 . .................... 3-96
464-2a-464-2j .................... 3-96
464-3-464-4 . .................... 5-98
464-4a----464-4c .................... 5-98
464-5-X64-12 ................... 10-90
465--467 .... .................... 5-98
468/474 ..... .................... 5-98
474-1-474-2 . .................... 3-88
475-480 .... .................... 5-98
480-1 ....... .................... 5-98
Title 17:
481 ...
483--484
485-488
489-~90
491-492
493-494
494-1 . .
495-~96
497-500
.....,.... 12-96
,........... 8-97
,.......... 10-93
............ 5-96
,.,.,......10-93
,.,........12-94
,.......... 12-94
.,......... 10-93
............ 8-97
Page Number Date
500-1 ........................... 8-97
S O 1-504 ....................... 12 -94
505/515 ........................ 12-96
Title 18:
517-568 ....................... 12-95
568-1-568-6 .................... 12-95
Title 19:
569-570 ........................ 5-98
571-572 ...... ................. 12-94
573-574 ...... .................. 2-93
575-576 ...... .................. 8-96
576-1 ......... .................. 7-95
577-57 8 ...... ................. 12-94
579-580 ...... ................. 12-93
581-582 ...... .................. 4-94
5 83-5 8 6 ...... .................. 7 -95
586-1 ......... .................. 8-96
5 87-5 8 8 ...... .................. 2-93
588-1-588-6 ... .................. 7-95
588-6a-588-6b .. .................. 7-95
588-7-588-8 ... .................. 494
588-9-588-10 .. .................. 7-95
588-10a ....... .................. 7-95
5 8 8-11-5 8 8-12 . .................. 4-94
588-13-588-14 . .................. 5-98
588-14a-588-14b .................. 5-98
588-14c ....... .................. 7-95
5 8 8-15-5 8 8-16 . .................. 2-93
588-17-588-18 . ................. 12-96
588-19-588-22 . .................. 8-96
588-22a-588-22b .................. 8-96
588-22c-588-22d ................. 12-96
588-23-588-24 . .................. 7-95
588-24a-588-24b .................. 7-95
588-25-588-26 . ................. 12-93
588-27-588-28 . .................. 4-94
5 8 8 -29-5 8 8 -30 . ................. 12-94
588-31-588-32 . .................. 5-96
588-33-588-36 . ................. 12-96
588-37-588-38 . ................. 12-95
588-38a-588-38b ................. 12-95
iii (Cl~pertino 5-98)
Page Number Date
588-39-5882 ................... 5-98
588-42a ......................... 5-98
588-43-588-44 ................... 7-95
588-45-588-48 ................... 2-93
588-49-588-50 ................... 4-94
588-51-588-52 .................. 11-97
588-52a-588-52d ................. 12-96
588-52e-588-52h .................. 5-95
588-52i-588-52j .................. 12-96
588-53-588-60 ................... 2-93
588-61-588-62 .................. 12-93
588-63---588-64 ................... 4-94
588-65-588-66 ................... 8-94
588-67-588-72 ................... 2-97
588-72a-588-72c .................. 2-97
588-73-588-74 ................... 4-94
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
588-93-588-94 ................... 4-94
588-95 588-96 .................. 12-93
588-97-588-100 ................... 5-98
588-100a-588-100b ................ 5-98
Title 20:
588-101 ........................ 12-94
588-103---58 8-106 ................. 12-96
Tables:
5 89-590 ........................ 5 -96
591-592 ........................ 5-98
593-594 ........................ 2-93
595-599 ....................... 12-96
601-614 ........................ 5-98
614-1-614-6 ..................... 5-98
614-7-614-10 ................... 11-97
614-11-614-12 ................... 5 -98
Page Number Date
Index:
615-616 ....................... 12-96
617-620 ........................ 5-98
621-622 ........................ 8-97
623-624 ........................ 5-98
624-1 ........................... 8-97
625-627 ........................ 5-98
629/631 ......................... 3-96
633---63 8 ....................... 12-96
639-640 ........................ 5-98
641-642 ....................... 12-96
643-644 ........................ 5-98
645-646 ....................... 11-97
647-648 ........................ 5-98
648-1 ........................... 5-98
649-651 ....................... 12-96
65 2/654 ........................ 12-96
655-665 ........................ 5-98
666/668 ......................... 5-98
669-670 ....................... 12-96
671-674 ........................ 5-98
675-676 ........................ 2-97
ccw~~o s-9s~ iv
2.04.005
Chapter 2.04
CITY COUNCIL-ELECTION AND
MEETINGS (TIME AND PLACE)*
Sections:
2.04.005 Elections.
2.04.010 Regular meetings.
2.04.020 Special meetings.
2.04.025 Emergency meetings.
2.04.030 Place of meetings.
2.04.040 Vacancy.
2.04.050 Term limits.
time of the meeting as specified in the notice. The
call and notice shall specify the time and place of
the special meeting and the business to be transacted
or discussed. No other business shall be considered
at these meetings. The written notice may be dis-
pensed with as to any member of the Ciry Council
who at or prior to the time the meeting convenes,
files with the City Clerk a written waiver of notice.
The waiver may be given by telegram. The written
notice may also be dispensed with as to any member
of the City Council who is actually present at the
meeting at the time it convenes. (Ord. 1697 (part),
1995: Ord. 389 § 3.2, 1968)
* For statutory provisions regarding the scheduling of City Council
meetings, see Gov. Code §§ 36805-36809.
2.04.005 Elections.
General municipal elections shall be held in the
month of November odd-numbered years to coincide
with the uniform district elections. (Ord. 1697 (part),
1995)
2.04.010 Regular meetings.
The City Council shall hold regular meetings on
the first and third Mondays of each month at six
forty-five p.m., and may adjourn any regulaz meet-
ing at a date certain, which shall be specified in the
order of adjournment and when so adjourned, such
adjourned meeting shall be a regulaz meeting for all
purposes. Such adjourned meetings may likewise be
adjourned and any so adjourned shall be a regulaz
meeting for all purposes. (Ord. 1015, 1980; Ord.
978 (part), 1980: Ord. 389(a) § 1, 1970: Ord. 389
§ 3.1, 1968)
2.04.020 Special meetings.
Special meetings may be called at any time by
the mayor or by three members of the City Council
by delivering personally or by mail written notice
to each member of the City Council and to each
local newspaper of general circulation, radio and
television station requesting notice in writing. The
notice shall be delivered personally or by mail and
be received at least twenty-four hours before the
2.04.025 Emergency meetings.
In the case of an emergency situation involving
matters upon which prompt action is necessary due
to the description or threatened disruption of public
facilities, the City Council may hold an emergency
meeting without complying with either the twenty-
four-hour notice requirement orthe twenty-four-hour
posting requirement described in Section 54956 of
the California Government Code. An emergency
meeting called under this section shall be otherwise
conducted in conformance with Section 54956.5 of
the California Government Code. (Ord. 1697 (part),
1995)
2.04.030 Place of meetings.
The regulaz meetings shall convene in the Coun-
cil Chamber or Conference Room, City Hall, 10300
Torre Avenue, Cupertino, California. All other meet-
ingsunless changed in the written notice of meeting
or order of adjournment shall be held in the Council
Chamber of City Hall, Cupertino, California. (Ord.
978 (part), 1980: Ord. 389 § 3.3, 1968)
2.04.040 Vacancy.
A. If any vacancy on the City Council occurs
other than by expiration of a term, the City Council
shall, at its option within thirty days from the com-
mencement of the vacancy, either fill the vacancy
by appointment for the unexpired term of the former
incumbent, or call a special election to fill the va-
cancy. The special election shall be held on the next
19 (Cupertino 5-98)
2.04.040
regularly established election date not less than one
hundred fourteen days from the call of the special
election.
B. Notwithstanding any other provision of this
section, the City Council may appoint any person,
otherwise qualified, to fill a City Council vacancy
to hold office only until the date of a special elec-
tion which is called to fill the remainder of the term
pursuant to subsection A of this section.
C. Notwithstanding any other provision of this
section, an appointment shall not be made to fill a
vacancy on the City Council if the appointment
would result in a majority of the members serving
on the Council having been appointed. The vacancy
shall be filled in one of the following ways:
1. The City Council may call an election to fill
the vacancy to be held on the next regulazly estab-
lished election date not less than one hundred four-
teen days after the call;
2. If the City Council does not call an election
pursuant to subsection B 1 of this section, the vacan-
cy shall be filled at the next regularly established
election date. (Ord. 1697 (part), 1995; Ord. 1617,
1993: Ord. 1026 § 1, 1980)
2.04.050 Term limits.
The service of city councilmembers shall be
limited to two consecutive elected terms, fora maxi-
mum possible time (appointed and elected com-
bined) of ten yeazs and three hundred fifty-four
days, after which they would not be eligible for
election or appointment to a council seat for four
years. (This section was adopted by a vote of the
people November 4, 1997.) (Ord. 1775, 1998)
(Cupertino 5-98) 20
11.24.110
paint on the curb or edge of the paved portion of
the street adjacent to the space. In addition to blue
paint, the space may also be indicated by signs or
other suitable means. (Ord. 843 § 9.7, 1977)
11.24.120 Prohibited in parkways.
No person shall stop, stand, or park a vehicle
within any pazkway. (Ord. 843 § 5, 1977)
11.24.130 Prohibited for more than
seventy-two hours.
No person who owns or has in his possession,
custody, or control any vehicle or trailer shall park
such vehicle or trailer upon any public street or
alley for more than a consecutive period of seventy-
two hours. (Ord. 843 § 6, 1977)
11.24.140 Parking for purposes of display,
servicing, or repairing.
A. No person shall pazk a vehicle upon any
roadway or on any private property or private road-
way without the express written permission of the
owner of such property, for the principal purpose of:
1. Displaying such vehicle for sale; or
2. Servicing or repairing such vehicle, except
when necessitated by an emergency.
B. Violation of this provision shall constitute an
infraction, and shall subject the registered owner of
such vehicle to the penalties as prescribed by Chap-
ter 1.12 of the Cupertino Municipal Code. Each day
the violation continues constitutes a new offense.
This section shall not constitute the exclusive means
of enforcement of vehicles or parts thereof which
have been stored, parked, placed, or abandoned on
public or private roadways and private property
within the City limits. (Ord. 1394 §§ 1 (part), 2,
1986: Ord. 1380 §§ 1, 2, 3, 4, 1986: Ord. 843 § 8,
1977)
11.24.150 Parking prohibited along certain
streets.
No person shall stop, stand, or pazk any vehicle
as defined in the Vehicle Code of California on any
day on any of the following streets or portions of
streets within the City, as set out in Table
11.24.150. (Ord. 1743, 1996; Ord. 1741, 1996; Ord.
1729, 1996; Ord. 1727, 1996; Ord. 1724 (part),
1996; Ord. 1683 (part), 1995; Ord. 1605, 1992; Ord.
1589, 1992; Ord. 1578, 1992; Ord. 1577, 1992; Ord.
1564, 1991; Ord. 1562, 1991; Ord. 1553, 1991; Ord.
1547 (part), 1991; Ord. 1521, 1990; Ord. 1467,
1988; Ord. 1455, 1988; Ord. 1454, 1988; Ord. 1446,
1988; Ord. 1439, 1988; Ord. 1428, 1987; Ord. 1423,
1987; Ord. 1419 (part), 1987; Ord. 1409 (part),
1987; Ord. 1405 (part), 1987; Ord. 1397, 1987; Ord.
1395, 1986; Ord. 1390 (part), 1986; Ord. 1388,
1986; Ord. 1357, 1986; Ord. 1351, 1986; Ord.1338>
1986; Ord. 1325, 1985; Ord. 1304, 1985; Ord. 1302,
1985; Ord. 1189 (part), 1984; Ord. 1285, 1984; Ord.
1276 (part), 1984; Ord. 1266, 1984; Ord. 1245
(part), 1983; Ord. 1221, 1983; Ord. 1218, 1983;
Ord. 1203 (part), 1982; Ord. 1178, 1982; Ord. 1172
(part), 1982; Ord. 1170, 1982; Ord. 1156, 1982;
Ord. 1152 (part), 1981; Ord. 1151 (part), 1981; Ord.
1148, 1981; Ord. 1140, 1981; Ord. 1129, 1981; Ord.
1124 (part), 1981; Ord. 1118 (part), 1981; Ord.
1115, 1981; Ord. 1097, 1981; Ord. 1072, 1980; Ord.
1069,1980; Ord. 1058, 1980; Ord. 1025,1980; Ord.
1001, 1980; Ord. 993, 1980; Ord. 992, 1980; Ord.
980, 1980; Ord. 971 (part), 1980; Ord. 927, 1979;
Ord. 908, 1979; Ord. 899, 1978; Ord. 886 § 1,
1978; Ord. 873 § 2, 1978; Ord. 843 § 10.1, 1977)
11.24.160 Prohibited during certain hours.
No person shall stop, stand, or pazk any vehicle
as defined in the Vehicle Code of Califomia on any
day except as herein provided on the streets, or
portions of streets, set out in Table 11.24.160, with-
in the City of Cupertino between the respective
hours set opposite the name of each street. (Ord.
1781, 1998; Ord. 1718 (part), 1996; Ord. 1683
(part), 1995; Ord. 1645, 1994; Ord. 1633, 1993;
Ord. 1547 (part), 1991; Ord. 1545, 1990; Ord. 1518,
1990; Ord. 1476 (part), 1988; Ord. 1427, 1987; Ord.
1422, 1987; Ord. 1392, 1986; Ord. 1390 (part),
1986; Ord. 1369, 1986; Ord. 1276 (part), 1984; Ord.
1265, 1984; Ord. 1264, 1984; Ord 1245 (part) 1983;
Ord. 1203 (part), 1982; Ord. 1172 (part), 1982; Ord.
1152 (part) 1981; Ord 1151 (part), 1981; Ord. 1135,
1981; Ord. 1124 (part), 1981; Ord. 1118 (part),
1981; Ord. 1074, 1980; Ord. 1007, 1980; Ord. 999
(part), 1980; Ord. 971 (part), 1980; Ord. 873 § 3,
1973; Ord. 843 § 10.2, 1977)
313
(Cupertino 5-98)
TABLE 11.24.150
Sides of
Street Street Portion
Adriana Avenue North and South Between Mann Drive and a point 100 feet east thereof
Alhambra Avenue East Between University Way southerly to southern terminus
(approximately 1,162 feet)
Anton Way Both Between Stevens Creek Boulevard and Alves Drive
Bandley Drive East and West Between Lazaneo Drive and a point 940 feet northerly
thereof
Bandley Drive Both Between Lazaneo Drive and a point 400 feet north of
Mariam Avenue
Bianchi Way West Between a point 30 feet south of Stevens Creek Boulevard
and a point 166 feet south of Stevens Creek Boulevard
Blaney Avenue Both Between Villa De Anza Boulevard and Homestead Road
Blaney Avenue Both Between Stevens Creek Boulevard and a point 450 feet north
thereof
Blaney Avenue East Between Bollinger Road and a point 155 feet north thereof
Blaney Avenue East Between Stevens Creek Boulevazd and Price Avenue
Blaney Avenue West Between Stevens Creek Boulevard and a point 600 feet north
of Rodrigues Avenue
Blaney Avenue West Between Bollinger Road and a point 550 feet north thereof
Blaney Avenue West From Lucille Avenue and a point 350 feet south thereof
'I Blue Jay Drive East and West Between Homestead Road and a point t 900 feet south, to
Northurst Drive
Bollinger Road North Between a point 286 feet west of Miller Avenue and a point
150 feet east of Hyde Avenue
(Cupcrtino 5-98) 314
Table 11.24.160 (Continued)
Street Hours Sides of Street
Hyde 6:30 a.m. to 5 p.m. West
Avenue
Leola 8 a.m. to 2 p.m. Both
Court
Lindy Lane 6 p.m. to 6 a.m. Both
Lindy 6 p.m. to 6 a.m. Both
Place
Mary 2.a.m. to 8 a.m. South
Avenue
Mary 2 a.m. to 6 a.m. West
Avenue
Orange 8 a.m. to 4 p.m. East
Avenue
Orange 8:00 am. to 4:00 West
Avenue p.m.
Park Circle 8 a.m. to 2 p.m. North
Drive
Paris Circle 8 a.m. to 2 p.m. South
Drive
Park Circle 8 a.m. to 2 p.m. East
East
Portion Exceptions
From Bollinger Road to a Saturday and Sunday
point 500 feet northerly
thereof
All Monday, Wednesday, Thursday,
Friday, Saturday, Sunday and
Holidays
From Canyon View Circle None
to end
All None
Between a point 500 feet None
northerly of Stevens Creek
Boulevard and a point
1,700 feet south of Lubec
Street
Between a point 1,700 feet None
south of Lubec Sweet and
400 feet north of Lubec
Street
Between Granada Avenue Saturday, Sunday, Holidays
and Dolores Avenue
Between Dolores Avenue Saturday, Sunday and Holidays
and Alcazar Avenue
All Monday, Tuesday, Thursday,
Friday, Saturday, Sunday and
Holidays
All Monday, Tuesday, Wednesday,
Friday, Saturday, Sunday and
Holidays
All Monday, Tuesday, Thursday,
Friday, Saturday, Sunday and
Holidays
3;ZQ_ 1 (Cupertino 5-98)
Table 11.24.160 (Continued)
Street Hours Sides of Street Portion Exceptions
Park Circle 8 am. to 2 p.m. West All Monday, Tuesday, Wednesday,
East Friday, Saturday, Sunday and
Holidays
Park Circle 8 am. to 2 p.m. West All Monday, Tuesday, 'Thursday,
West Friday, Saturday, Sunday and
Holidays
Park Circle 8 a.m. to 2 p.m. East All Monday, Tuesday, Wednesday,
West Friday, Saturday, Sunday and
Holidays
Richwood 8 am. to 2 p.m. Both All Monday, Wednesday, Thursday,
Court Friday, Saturday, Sunday and
Holidays
I
i~ Rodrigues
7 am. to 8 p.m.
South
Between Blaaey Avenue
None
Avenue and a point 800 feet west
thereof
Rosemarie 8 am. to 2 p.m. Both All Monday, Wednesday, Thursday,
Place Friday, Saturday, Sunday and
Holidays
Sorenson 8 am. to 6 p.m. South Between Craft Drive and Saturdays, Sundays and Holidays
Avenue Finch Avenue
~ Stelling 7 am. to 8 p.m. East Between Alves Drive and None
Road Greenleaf Drive, all por-
tions currently or hereafter
within the City limits
Stelling 7 a.m. to 8 p.m. West Between Hazelbrook Court None
Road and Gardena Drive, all
portions currently or here-
after within the City limits
Valley 8 am. to 2 p.m. North & East Between Stelling Road and Monday, Tuesday, Thursday,
Green Beardon Drive Friday, Saturday, Sunday and
Ihive Holidays
(Cupertino 5-98) 320-2
Title 15
WATER A]vD SEWAGE
Chapters:
15.04 Waterworks System-Rates and Charges
15.20 Sewage Disposal Systems
15.32 Water Conservati~~n
387 (Cupertino 5-98)
15.04.010
Chapter 15.04
WATERWORKS SYSTEM-
RATES AND CHARGES
Sections:
15.04.010 Definitions.
15.04.020 Rates and charges-('eneral
provisions.
15.04.030 Procedure for establishing or
modifying rates and charges.
15.04.040 Exceptions.
15.04.050 Appeals.
15.04.010 Definitions.
The following terms when used in this chapter
have the following respective meanings:
A. "City" means the City of Cupertino.
B. "Customer" means any person, firm, compa-
ny, corporation, partriership, association, the City,
any public corporation, political subdivision, city,
county, district, the State of California or the United
States of America, or any department or agency of
any thereof, who uses water furnished by the water
system.
C. "Council" means the City Council of the
City.
D. "Lease" means that certain lease entered into
on October 1, 1997 between the City and San Jose
Water Company, a California corporation whereby
the City water system was leased for a period of
twenty-five years.
E. "Water" means water famished through the
water system.
F. "Water facilities" means existing water sys-
tem equipment and appurtenances.
G. "Water provider" means the San Jose Water
Company.
H. "Water service" means the services, facilities
and water furnished or available to premises by the
water system.
I. "Water system" means the enterprise system
for the supply, treatment, storage, transmission and
distribution of water, including lines, easements,
reservoirs, water rights, water tanks, water mains,
wells, pumps, pumping equipment, storage, treat-
ment, transmission and distribution facilities, and
other works, properties or structures necessary or
convenient as more specifically described in Exhibit
B attached to the lease.
J. "Service area" means the territory serviced by
the water system as described in the lease. (Ord.
1776 (part), 1998)
15.04.020 Rates and charges-General
provisions.
A. All rates and charges imposed by the water
provider upon customers of the water system for
water services shall be approved by the City Coun-
cil, which approval shall not be unreasonably with-
held. Any disapproval of rates and charges proposed
by the water provider shall state the reason therefor.
B. In determining reasonable rates and charges,
the Council shall consider all relevant information,
including the California Public Utilities Commission
approved rates in similar, nearby municipalities.
(Ord. 1776 (part), 1998)
15.04.030 Procedure for establishing or
modifying rates and charges.
A. Upon written request of the water provider or
upon the City's own request, the City Clerk shall set
a public hearing before the City Council to be held
within sixty days of such request for the purpose of
establishing rates and charges or modifying rates
and charges. Such request must be acted upon by
the City Council within such sixty-day period, un-
less water provider agrees in writing to an extension
of such period.
B. Notice of such public hearing shall be pub-
lished, at water provider's sole cost, pursuant to
Government Code Section 6066.
C. In addition, the water provider shall provide
mailed notice of such public hearing to all custom-
ers at least fourteen days prior to the hearing. Such
mailed notice may be included in the same mailing
as the water provider's billing notices. (Ord. 1776
(part), 1998)
:389 (CupeKino 5-98)
15.04.040
15.04.040 Exceptions.
A. Notwithstanding the foregoing, and without
adhering to the procedure described in Section
15.04.030, the water provider may, upon written
notice to the City, pass through to customers in the
water service area, in a manner substantially similaz
to that permitted by the California Public Utilities
Commission, any increase or decrease in the cost of
water or power (to the extent not already reflected
in rates), as well as any new city-imposed fees,
charges, taxes, license or permit fees, so long as the
water provider promptly passes through in a manner
substantially similaz to that provided by the Califor-
nia Public Utilities Commission any decreases in
water or power costs. The water provider shall, at
Ciry's request, provide City with all information
which documents any modifications in the costs of
water and power.
B. Water provider may, without adhering to the
procedure described in Section 15.04.030 impose
conservation or rationing penalties on those custom-
ers exceeding their allocations in the event of man-
datory water rationing involving penalties imposed
by the Santa Claza Valley Water District.
C. Without adhering to the procedures described
in Section 15.04.030, the water provider may forth-
with reduce any rate, charge, surcharge, or penalty.
(Ord. 1776 (part), 1998)
15.04.050 Appeals.
Any customer shall have the right to appeal the
imposition of any water rate, charge, surcharge, or
penalty by the water provider on him or her at any
time within thirty days from the date that a final
determination of such rate, chazge, surchazge, or
penalty is made in writing by the water provider.
Any such appeal shall be filed in writing with the
Ciry Clerk specifying the specific grounds for the
appeal. The City Clerk shall, within ten days there-
after, set the appeal on the City Council agenda for
hearing and consideration. Notice of such hearing
shall be provided to both the appellant and the water
provider at least ten days prior to the hearing. Such
notice shall be provided by first class mail, postage
pre-paid.
The Ciry Council, after hearing on the appeal,
may reverse, sustain, or modify the fmal determina-
tion of the water provider. (Ord. 1776 (part), 1998)
(Cupertino 5-98) 390
15.20.010
Chapter 15.20
SEWAGE DISPOSAL SYSTEMS*
Sections:
15.20.010 Purpose and applicability.
15.20.020 Definitions.
15.20.030 Public sanitary sewer
required-Exceptions.
15.20.040 Private sewage disposal
systems.
15.20.050 Soil tests.
15.20.060 New construction-Permit
required.
15.20.070 Alteration-Permit required.
15.20.080 Septic tank permits.
15.20.090 State contractor's license
required.
15.20.100 Refusal to issue building
permit.
15.20.110 Construction inspections.
15.20.120 Sewer wells, cesspools, seepage
pits unlawful.
15.20.130 Failing sewage disposal
systems.
15.20.140 Abandoned sewage disposal
systems.
15.20.150 Recording notice of violation.
15.20.160 Liability.
15.20.170 Enforcement.
15.20.180 Violations.
15.20.190 Appeals.
* For statutory provisions regarding municipal sewer districts, see
Health and Safety Code §4600 et seq.
15.20.010 Purpose and applicability.
This chapter is enacted to establish standards for
the approval, installation, and operation of individu-
al on-site sewage disposal systems consistent with
the standazds of the California Regional Water Qual-
ity Boazd as set out by the Santa Clara County
Environmental Health Services and adopted by the
Cupertino City Council.
Such standazds are adopted so as to preclude the
creation of health hazards and nuisance conditions
and to protect surface and groundwater quality.
This chapter shall apply to all territory within the
incorporated limits of the City. (Ord. 1776 (part),
1998)
15.20.020 Definitions.
For the purposes of this chapter, unless otherwise
stated herein, certain words and phrases used in this
chapter are defined as follows:
A. "Health Officer" means the Director of the
County Department of Environmental Health, his
assistants, or authorized deputies acting as Health
Officers of the City of Cupertino.
B. "Sanitary waste" means and includes, but is
not limited to, the dischazge from toilets, bathtubs,
lavatories, dishwashers, washing machines, and any
and all other plumbing fixtures connected to the
building plumbing system.
C. "Sewage system standazds" means those
standazds relating to tests and studies, individual
sewage disposal system design, construction, and/or
maintenance as set out by the Santa Clara County
Environmental Health Services to be enforced by the
Health Officer and have been adopted by resolution
of the Cupertino City Council. (Ord. 1776 (part),
1998)
391
15.20.030 Public sanitary sewer required-
Exceptions.
A. All property which is used, or is proposed to
be used, for a residence, place of business, or other
use requiring a building or place where persons
congregate, reside, or are employed shall upon the
issuance of any permit for building or use be re-
quired to be connected to a public sanitary sewer in
the most direct manner possible, each building hav-
ing aseparate connection. All areas designated by
the General Plan of the City of Cupertino as not
required to connect to a public sanitary sewer are
excepted from the above requirements.
B. With respect to the exception set forth in
subsection A of this section, a private sewage dis-
posal system may be installed; provided that prior
(CupeRino 5-98)
15.20.030
to the issuance of a building permit for any new
structure, or prior to a change in use of an existing
structure, wherein such a private sewage disposal
system is to be utilized, written approval is obtained
from the Health Officer as provided in this chapter.
The Health Officer shall provide the City with a
copy of all written approvals for private sewage
disposal systems. (Ord. 1776 (part), 1998)
15.20.040 Private sewage disposal systems.
Every residence, place of business, or other build-
ing or place where persons congregate, reside, or are
employed that is located in an area designated in the
adopted General Plan as not requiring public sani-
tary sewers shall be provided with a water flush
toilet system; the water flush toilet system shall be
connected to a private on-site sewage disposal sys-
tem built or rebuilt, constructed, altered, reconstruct-
ed, or maintained in such a manner as to meet all
requirements of the sewage system standards as
defined in Section 15.20.020C of this chapter. (Ord.
1776 (part), 1998)
15.20.050 Soil tests.
The Health Officer shall require soil percolation
tests and at least one boring or excavation per site.
The Health Officer may require additional tests and
studies as he/she deems necessary to establish the
suitability of the site for on-site sewage disposal.
(Ord. 1776 (part), 1998)
15.20.060 New construction-Permit
required.
It is unlawful for any person to construct, build
or rebuild any residence or other building or place
where people congregate, reside, or are employed
which is not to be connected to an approved public
sanitary sewer without first submitting plans of the
means of sewage disposal to the Health Officer and
obtaining a permit therefor. (Ord. 1776 (part), 1998)
15.20.070 Alteration-Permit required.
It is unlawful for any person to alter, expand, or
otherwise modify an existing sewage disposal sys-
tem without first submitting plans of the proposed
work to the Health Officer and obtaining a permit
therefor. (Ord. 1776 (part), 1998)
15.20.080 Septic tank permits.
A. Application. The application for an on-site
sewage disposal system shall include plans including
a contoured plot plan to a minimum scale of one
inch to twenty feet. The plans shall comply with and
contain all information required by the sewage sys-
tem standards and any additional information the
Health Officer may require. Any changes in the
plans after the issuance of a permit may invalidate
the permit unless the changes are first approved by
the Health Officer.
B. Fees. Pemut fees for sewage disposal systems
subject to this chapter and all related fees shall be
in an amount as determined by the County, from
time to time, and adopted by the City Council. (Ord.
1776 (part), 1998)
15.20.090 State contractor's license
required.
No person shall install, construct, alter, enlarge,
reconstruct, replace, improve, recondition, or repair
a private sewage system without having first having
obtained a State contractor's license pursuant to the
sewage system standards. (Ord. 1776 (part), 1998)
15.20.100 Refusal to issue building permit.
No building permit or certificate of occupancy
shall be issued by the City for any building to be
used as a residence, place of business, or place
where people congregate, reside or are employed,
that is not to be connected to an approved sanitary
sewer unless the applicant has received written
approval of the Health Officer for an on-site sewage
disposal system. (Ord. 1776 (part), 1998)
15.20.110 Construction inspections.
Inspections of new installations shall be made to
ensure compliance with the sewage system stan-
dards. All inspections shall be made by the Health
Officer in accordance with the sewage system stan-
dards. Noncompliance will cause a stop work order
to be posted on the job site by the Health Officer.
(Cupertino 5-98) 392
15.20.110
Clearance from the Health Officer must be obtained
before further work is done on a posted system.
(Ord. 1776 (part), 1998)
be held as assuming any such liability or responsi-
bility by reason of the inspections authorized by the
provisions of this chapter. (Ord. 1776 (part), 1998)
15.20.120 Sewer wells, cesspools, seepage
pits unlawful.
All sewer wells, cesspools, seepage pits, and
similar excavations are hereby declared to be a
public nuisance and are prohibited. (Ord. 1776
(part), 1998)
15.20.130 Failing sewage disposal systems.
In case of failure, malfunction or breakdown of
a private sewage disposal system, if not corrected
within the time designated by the Health Officer, the
Health Officer may order or cause corrections to be
made. The property owner will be responsible for
the costs of correction. The Health Officer may also
order vacation of the premises pursuant to the sew-
age system standards. (Ord. 1776 (part), 1998)
15.20.140 Abandoned sewage disposal
systems.
Every private sewage disposal system which has
been abandoned or has been discontinued from
further use or to which no waste discharge pipe
from a plumbing fixture is connected shall be treat-
ed in accordance with the sewage system standards.
(Ord. 1776 (part), 1998)
15.20.150 Recording notice of violation.
The Health Officer may record a notice of exis-
tence of a substandard sewage disposal system vio-
lation in the office of the County Recorder, and
shall notify the owner of the affected real property,
and any other known parry responsible for the viola-
tion that such action has been taken. (Ord. 1776
(part), 1998)
15.20.160 Liability.
The provisions of this chapter shall not be con-
strued asimposing upon the City any liability or
responsibility for damages resulting from the defec-
tiveconstruction of any sewage disposal system, nor
shall the City, or any official or employee thereof,
15.20.170 Enforcement.
It shall be the duty of the Health Officer to en-
force the provisions of this chapter, and in the per-
formance of this duty, the Health Officer, or any
duly authorized agent of the Health Officer, is au-
thorized to enter at any reasonable hour any premis-
es asmay be necessary in the enforcement of the
provisions of this chapter and to make investiga-.
tions, including the taking of samples and conduct-
ing dye tests. (Ord. 1776 (part), 1998)
15.20.180 Violations.
Any person violating or refusing or failing to
comply with any of the provisions of this chapter,
shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be punished as provided in
Chapter 1.12 of this code. (Ord. 1776 (part), 1998)
15.20.190 Appeals.
Any appeal of the decision of the Health Officer
pursuant to this chapter shall be made in writing to
the Regional Water Quality Control Board having
jurisdiction within fifteen days after any such deci-
sion is received by the applicant. A copy of such
appeal shall also be filed with the Health Officer.
The appeal shall specifically describe the grounds
upon which it is taken. The decision issued by the
Regional Water Quality Control Board shall be
final. (Ord. 1776 (part), 1998)
393
(Cupefino 5-98)
15.32.010
Chapter 15.32
WATER CONSERVATION
Sections:
15.32.010 Findings and determinations.
15.32.020 Definitions.
15.32.030 Prohibitions on water use.
15.32.050 Emergency suspension of water
service.
15.32.060 Violation-Penalty.
15.32.010 Findings and determinations.
A. The 1993 water supply available to Santa
Clara County markedly exceeds that of the previous
six years of droughts; and
B. Since 1989, the citizens of Santa Clara Coun-
tyhave responded admirably to the mandatory water
conservation programs requested and implemented
by the Boazd of Directors of the Santa Claaa Valley
Water District; and
C. With continued good conservation practices,
implementation of ultra low flush toilet rebate and
other plumbing retrofit programs, further develop-
ment and refinement of the water efficient landscap-
ing ordinances, landscape guidelines, reclamation
projects, and other best management practices, 1993
countywide conservation efforts are anticipated to
result in a ten percent to twenty percent reduction
in water usage as compared to 1987 usage. (Ord.
1622 (part), 1993: Ord. 1587 (part), 1992: Ord.
1580 (part), 1992: Ord. 1558 § 1, 1991: Ord. 1524
§ 1, 1990: Ord. 1513 § 1, 1990)
15.32.020 Definitions.
As used in this chapter:
A. "Customer" means any person who pays for
service to the Cupertino Municipal Water Utility.
B. "Person" means any individual, firm, partner-
ship, association, corporation, trust, governmental
body or other organization or entity.
C. "Water" means potable water.
D. "Water provider" means the California Water
Service and/or San Jose Water Company. (Ord.
1776 (part), 1998; Ord. 1622 (part), 1993: Ord.
1587 (part), 1992: Ord. 1580 (part), 1992: Ord.
1558 § 2, 1991: Ord. 1524 § 2, 1990: Ord. 1513 §
2, 1990)
15.32.030 Prohibitions on water use.
The following water uses shall be prohibited
throughout the City until such time as a declaration
is officially made by the Santa Clara Valley Water
District that a drought condition no longer exists
within Santa Claaa County.
A. No person shall waste water, including, but
not limited to flooding or runoff on sidewalks or
gutters.
B. No person shall use water through a hose for
washing motor vehicles or recreation vehicles or
other types of vehicles without a positive automatic
shutdown valve on the outlet end of the hose.
C. No person shall waste water through the
nonrepair of defective plumbing, sprinkler, watering
or irrigation systems.
D. No restaurant shall serve water unless specifi-
cally requested by a customer.
E. No person shall use water for single pass
cooling process for new building construction.
F. New landscaping to conform to City's Xeri-
scape Guidelines. (Ord. 1622 (part), 1993: Ord.
1587 (part), 1992: Ord. 1580 (part), 1992: Ord.
1558 § 3, 1991: Ord. 1524 § 3, 1990: Ord. 1513 §
3> 1990)
15.32.050 Emergency suspension of water
service.
In the event of an emergency involving broken
or defective plumbing, sprinkler, watering or irriga-
tion systems where in the opinion of the Public
Works Director water is being or will be lost in
considerable quantity, the City may require that the
water provider immediately suspend water service
without notice or hearing to any customer pending
repairs. The water provider shall attempt to give
notice to the customer or customers affected as soon
as practical. Subject to other provisions of this chap-
ter, service shall be restored as soon as possible.
(Ord. 1622 (part), 1993: Ord. 1587 (part), 1992:
(Cupertino 5-98) 394
15.32.050
Ord. 1580 (part), 1992: Ord. 1558 § 4.02, 1991:
Ord. 1524 § 4.02, 1990: Ord. 1513 § 4.02, 1990)
15.32.060 Violation-Penalty.
Any person who violates any provision of this
chapter shall be guilty of a misdemeanor and upon
conviction thereof shall be punished as provided in
Chapter 1.12 of this code. (Ord. 1776 (part), 1998:
Ord. 1622 (part), 1993: Ord. 1587 (part), 1992: Ord.
1580 (part), 1992: Ord. 1558 § 4.01, 1991: Ord.
1524 § 4.01> 1990: Ord. 1513 § 4.01, 1990)
3'5/411
(Cupertino 5-98)
Tit a 16
BUILDINGS AND CONSTRUCTION
Chapters:
16.04 Building Code Adc-pted
16.08 Excavations, Grading and Retaining Walls
16.12 Soils Report
16.16 Electrical Code Adopted
16.20 Plumbing Code Adopted
16.24 Mechanical Code ~~dopted
16.28 Fences
16.32 Swimming Pools
16.36 Moving Buildings
16.40 Fire Code
16.42 Regulation of Facilities Where Materials Which
Are or May Beconne Toxic Gases Are Found
16.52 Prevention of Flood Damage
16.56 Uniform Housing Code Adopted
413 (Cupertino 5-98)
16.04.010
Chapter 16.04
BUILDING CODE ADOPTED*
Sections:
16.04.010 Adoption of Uniform Building
Code, 1994.
16.04.020 Organization and enforcement.
16.04.030 Permits and inspections.
16.04.050 Address posting.
16.04.060 Installation of spark arresters.
16.04.070 Single room occupancies
(SRO).
16.04.080 Residential roofing.
16.04.090 Foundation-Foundation
reinforcement.
16.04.100 Minimum slab thickness.
16.04.110 Conventional construction
provisions (bracing).
16.04.120 Suspended ceiling upgrade.
16.04.130 Other inspection fees-Table
1-A.
16.04.140 Energy permit fees.
16.04.160 Violation-Penalty.
~` For statutory provisions regarding the authority of cities to regulate
the building, coastrrrction and removal of buildings within the City,
sce Gov. Code § 38601; for other provisions concerning the author-
ity of cities in regulating buildings and constnrction, see Gov. Code
§ 38660; for the provisions of the State Housing Act, see Health
• and Safety Code § 17910 et seq.
16.04.010 Adoption of Uniform Building
Code, 1994.
The Building Code for the City shall be the 1994
Edition of the California Uniform Building Code,
Parts 1, 2 and 3 inclusive and Appendices which
follow:
APPENDIX CHAPTERS
The following Appendix Chapters from the 1994
UBC are adopted:
A. 1994 UBC Appendix Chapter 3, Division 11,
Agricultural Buildings;
B. 1994 UBC Appendix Chapter 15, Reroofing;
C. 1994 UBC Appendix Chapter 18, Water and
Damp-proofing, Foundations;
D. 1994 UBC Appendix Chapter 31, Division
11, Membrane Structures;
E. 1994 UBC Appendix Chapter 31, Division
111, Patio Covers,
except Chapter 107-2, Chapter 107-3, and A33 as
compiled and published by the International Confer-
ence of Building Officials, one copy of which has
been filed for use and examination by the public in
the office of the Building Department, is referred to,
and except as to omissions, amendments and addi-
tions hereinafter noted, is adopted and amended as
part of the Cupertino Municipal Code, as if fully set
forth in this chapter. (Ord. 1706 Exh. A (part),
1995)
16.04.020 Organization and enforcement.
Section 105 of the Uniform Building Code is
amended to read as follows:
415
Section 105 -Board of Appeals: In order to
determine the suitability of alternate materials and
methods of construction and to provide for rea-
sonable interpretations of the provisions of this
Code, there shall be and is hereby created a
Board of Appeals consisting of five members
who are qualified by experience and training to
pass upon matters pertaining to building conswc-
tion installations and materials. The Building
Official shall be an ex officio member and shall
act as Secretary of the Boazd. The Board of Ap-
peals shall be appointed by the Mayor, subject to
the approval of the City Council, and shall hold
office at his pleasure. The Boazd shall adopt
reasonable rules and regulations for conducting
its investigations and shall render all decisions
and findings in writing to the Building Official,
with a duplicate copy to the appellant, and may
recommend to the Ciry Council such new legisla-
tion as is consistent therewith. The same person-
nel of the Board of Appeals appointed under this
Code may act as the Board of Appeals under the
other building construction unifoml codes. In the
event, as Appeals Board is not appointed by the
(Cl~pertino 5-98)
16.04.020
legislative body, the Council shall serve as said
Appeals Board.
(Ord. 1706 Exh. A (part), 1995)
16.04.030 Permits and inspections.
Section 108.7 of the Uniform Building Code is
amended to read as follows:
Section 108.7 -Other Inspections: In addi-
tion to the called inspections specified above, the
Building Official may make or require any other
inspections of any construction work to ascertain
compliance with the provisions of this Code and
other laws which are enforced by the Building
Department. For the purpose of determining
compliance, the Building Official may cause any
structure to be reinspected. If any inspection is
made at the request of any individual, property
owner or lending institution, a fee equal to the
cost of making such inspection shall be charged
as set forth in the latest resolution adopted by the
city.
(Ord. 1706 Exh. A (part), 1995)
16.04.050 Address posting.
No Certificate of Occupancy or final building
approval for new construction or alterations shall be
granted until the building or residence has a street
address number posted on the building in a visible
location. The size of the numbers shall be a mini-
mum of five inches high for commercial or industri-
al buildings. Residences designated R3 shall have
number sizes of three inches minimum. R 1 and
Planned Unit Developments shall submit a number-
ing schedule for approval by the Building Depart-
ment and the Fire Department. All commercial
buildings having a single address assigned with
multi-suite arrangements shall have the suite-num-
bering system approved or assigned by the Building
Department with an approved copy to the Fire De-
partment for emergency use. (Ord. 1706 Exh. A
(part), 1995)
16.04.060 Installation of spark arresters.
In new construction or when alterations, repairs
or additions requiring a permit and having a valua-
tion in excess of one thousand dollazs occur, all new
and existing fireplace chimneys shall terminate in a
substantially constructed spark arrester, having a
mush not exceeding one-half inch. (Ord. 1706 Exh.
A (pazt), 1995)
16.04.070 Single room occupancies (SRO).
1994 UBC Section 310.7 is deleted and replaced
with the following:
310.7 Single Room Occupancies: A single
room occupancy shall conform to the require-
ments of the code except as herein provided:
1. The SRO unit shall have a living room of
not less than 220 square feet of superficial floor
area. An additional 100 squaze feet of superficial
floor area shall be provided for each occupant of
such SRO unit in excess of two.
2. The SRO unit shall be provided with a
separate closet.
(Cupertino 5-98) 416
16.04.090
forcement is also necessary to prevent damage
due to pumping action caused by local expansive
soils which shrink and swell during seasonal
drying and setting conditions.
(Ord. 1742 (part), 1996; Ord. 1706 Exh. A (part),
1995)
16.04.100 Minimum slab thickness.
1994 UBC Section 1924 is amended as follows:
cement plaster have performed poorly during
recent California seismic events. The sheaz values
for gypsum wallboard and Portland cement stucco
contained in the code aze based on mono-direc-
tional testing. It is appropriate to limit the use of
these products until cyclic loading testing are
performed and evaluated.
(Ord. 1742 (part), 1996; Ord. 1706 Exh. A (part),
1995)
(a) General. The minimum thickness of con-
crete floor slabs supported directly on the ground
shall not be less than 3-1/2". The slab shall be
reinforced with not less than six inches by six
inches ten-gauge wire mesh or an approved alter-
nate installed at mid height of the slab.
Findings
Due to expansive soil condition, the above
are typical minimum requirements by soil engi-
neers in the Silicon Valley in order to avoid
damages due to soil expansion and shrinkage.
(Ord. 1742 (part), 1996; Ord. 1706 Exh. A (part),
1995)
16.04.110 Conventional construction
provisions (bracing).
1994 UBC Section 2326.11.3, Items 5 and 7 are
amended as follows:
Delete 1994 UBC Section 2326.11.3, items
5 which allows the use of gypsum board for
bracing.
Amend 1994 UBC Section 2326.11.3, Item
7 as follows:
Portland cement plaster on studs spaced 16
inches on center installed in accordance with
Table No. 25-1. Limited to single story R-3 and
U-1 occupancies.
Findings
The entire Silicon Valley is located in seismic
zone 4. Gypsum wallboard and exterior Portland
16.04.120 Suspended ceiling upgrade.
1994 UBC Section 3403-2 is amended by adding
a new paragraph at the end of the Section (after the
exceptions) as follows:
When a permit is issued for alterations or
repairs, the existing suspended ceiling system
within the area of alteration or repair shall com-
ply with the lateral design requirements of UBC
Standard 25-2 Part 111.
Findings
This amendment is necessary to mitigate a
known seismic hazazd in existing buildings due
to Silicon Valley's proximity to local active
faults.
(Ord. 1742 (part), 1996; Ord. 1706 Exh. A (part),
1995)
16.04.130 Other inspection fees-Table 1-A.
A fee shall be paid to the city as set forth in the
latest resolution adopted by the city. (Ord. 1742
(part), 1996; Ord. 1706 Exh. A (part), 1995)
16.04.140 Energy permit fees.
Energy permit fees shall be paid to the city as set
forth in the latest resolution adopted by the City.
(Ord. 1742 (part), 1996; Ord. 1706 Exh. A (part),
1995)
16.04.160 Violation-Penalty.
Any person, firm, corporation, partnership or
copartnership who willfully violates any of the
provisions, or fails to comply with any of the man-
datory requirements of this chapter, is guilty of an
419 (CuQeRino 5-98)
16.04.160
infraction, and upon conviction thereof shall be
punishable as provided in Chapter 1.12 of the Cu-
pertino Municipal Code, except that nothing herein
contained shall be deemed to baz any legal, equita-
ble or summazy remedy to which the City of Cuper-
tino or other political subdivision or any person,
firm, corporation or partnership maybe otherwise
entitled, and the City of Cupertino or any other
political subdivision or person, firm, corporation or
partnership may file a suit in the Superior Court of
the County of Santa Claza to restrain or injoin any
attempted or proposed subdivision, or acts, in viola-
tion of this chapter. (Ord. 1742 (pazt), 1996; Ord.
1706 Exh. A (part), 1995)
(Cupertino 5-98) 420
16.08.000
Chapter 16.08
EXCAVATIONS, GRADING AND
RETAINING WALLS*
Sections:
16.08.000 Title.
16.08.010 Purpose.
16.08.020 Definitions.
16.08.040 Nuisance abatement.
16.08.050 Scope.
16.08.060 Exemption.
16.08.070 Categorical exemptions.
16.08.080 Application.
16.08.100 Site map and grading plan.
16.08.110 Interim erosion and sediment
control plan (interim plan).
16.08.120 Engineering geological reports.
16.08.130 Soils engineering reports.
16.08.140 Work schedule.
16.08.150 Bonds.
16.08.160 Fees.
16.08.170 Grading permit-Approval.
16.08.180 Grading permit-Denial.
16.08.185 Grading permit-Emergency.
16.08.190 Grading permit-Conditions of
approval.
16.08.200 Grading permit-Design
standards.
16.08.210 Grading permit-Limitations
and conditions.
16.08.220 Permittee-Responsibility.
16.08.230 Grading supervision.
16.08.240 Modifications.
16.08.250 Inspections.
16.08.260 Work completion notice-
Report.
16.08.265 Appeal procedure.
16.08.270 Suspension of permit.
16.08.280 Revocation of permit.
16.08.290 Violation-Penalty.
16.08.300 Remedies cumulative.
* Prior ordinance history: Orris. 214-A, 782 and 1075. For statutory
provisions regarding the obligations of those making excavations
to adjoining landowners, see Civil Code § 832.
16.08.000 Title.
The title of this chapter shall be "Excavations,
Grading and Retaining Walls." (Ord. 1143 Exh. A
(part), 1981)
16.08.010 Purpose.
The purpose of this chapter is to safeguard life,
limb, property, and public welfare by establishing
minimum requirements and standards for regulating
excavation, grading, clearing, and retaining wall
construction, and to preserve and enhance water
quality by controlling surface runoff, erosion and
sedimentation, and establishing procedures by which
these requirements may be enforced. (Ord. 1143
Exh. A (part), 1981)
16.08.020 Definitions.
When used in this chapter, the following words
shall have the meanings ascribed to them in this
section:
1. "Applicant" means any person, corporation,
pamlership, association of any type, public agency
or any other legal entity who submits an application
to the Director for a permit pursuant to this chapter.
2. "Bedrock" means the solid undisturbed rock
in place either at the ground surface or beneath
superficial deposits of gravel, sand or soil.
3. "City" means the City of Cupertino.
4. "Civil Engineer" means a professional engi-
neer registered as a civil engineer in the State of
California.
5. "Director" means the Director of Public
Works or his appointed agents.
6. "Engineering geology" means the application
of geological data and principles to engineering
problems dealing with naturally occurring rock and
soil for the purpose of assuring that geological fac-
tors are recognized and adequately interpreted in
engineering practice.
7. "Erosion" means the action or process of
wearing away of earth or soil by the action of water.
X121 (Cupertino 5-98)
16.08.020
8. "Existing grade" means the vertical location
or elevation of the existing ground surface prior to
excavating or filling.
9. "Fill" means deposits of soil, rock, or other
materials, placed by any persons.
10. "Finish grade" means the final grade or eleva-
tion of the building site.
11. "Grading" means any excavating, filling,
recontouring, or combination thereof.
12. "Interim erosion and sediment control plan"
means a written set of measures designed to control
surface nmoff and erosion and to retain sediment on
a particular site during the period in which precon-
struction and construction related land disturbances,
fills and soil storage occur.
13. "Land disturbance/land disturbing activities"
means any activity moving or removing the soil
mantle or top six inches of soil whichever is shal-
lower, including excavation and clearing.
14. "Land fill" means any activity depositing soil
or other earth materials.
15. "Master storm drain plan" means the master
plan adopted by the City of Cupertino for the pur-
pose of regulating the storm drainage system or
amendments thereafter adopted by the City Council.
16. "Permittee" means the applicant in whose
name a valid permit is duly issued pursuant to this
chapter, and his agents, employees and others acting
under his direction.
17. "Rough grade" means an approximate eleva-
tion of the ground surface conforming to the pro-
posed design.
18. "Sediment" means material deposited by
water.
19. "Site" means all of a pazcel or parcels of real
property owned by one or more persons where
grading is performed.
20. "Soil" means all earth material of whatever
origin.
21. "Soils Engineer" means a civil engineer regis-
tered in the State of California and qualified in the
field of soils engineering.
22. "Wet season" means the period from October
1st to April 15th. (Ord. 1777 (part), 1998; Ord.
1143 Exh. A (part), 1981)
16.08.040 Nuisance abatement.
Neither this chapter, nor any administrative ruling
made under it limits:
A. The power of the City to declare, prohibit and
abate a nuisance; or
B. The right of any person to maintain, at any
time, any appropriate action for relief against any
private nuisance, or for relief against any contamina-
tion or pollution. (Ord. 1143 Exh. A (part), 1981)
16.08.050 Scope.
This chapter sets forth rules and regulations to
control excavation, grading, earthwork, clearing, and
retaining wall construction, including fills or em-
bankments; establishes the administrative procedure
for issuance of permits; and provides for approval
of plans and inspection of grading construction.
This chapter shall be applicable to work per-
formed within private property lines and shall not
be construed to regulate work encompassed in pub-
licproperty, or property offered for dedication to the
public.
No person may grade, fill, excavate, cleaz land,
stockpile or dispose of soil or earth materials or
perform any other land disturbing or landfilling
activity without first obtaining a permit as set forth
in this chapter. (Ord. 1143 Exh. A (part), 1981)
16.08.060 Exemption.
A person need not apply for a permit if he or she
engages in any activity which meets any one criteri-
on under subsection A and any one criterion under
subsection B as follows:
Subsection A.
(A-1) An excavation which:
(a) Is less than three feet in depth and does not
exceed one hundred cubic yazds; and
(b) Which does not create a cut slope greater than
three feet in height and steeper than two horizontal
to one vertical.
(A-2) A fill less than one foot in depth, and
placed on natural terrain having a slope flatter than
five horizontal to one vertical, or less than three feet
in depth, not intended to support structures, which
(Cupertino 5-98) 422
16.08.060
does not exceed one hundred cubic yards on any
one lot and does not obstruct a drainage course, or
channel the general drainage pattern.
(A-3) An excavation below finished grade for
basements and footings of a building, retaining wall,
or other structure authorized by a valid building
permit. This shall not exempt any fill made with the
material from such excavation nor exempt any exca-
vation having an unsupported height greater than
five feet after the completion of such structure.
(A~) Excavation or deposition of earth materials
within a property which is dedicated or used, or to
be used for cemetery purposes, except where such
grading is within one hundred feet of the property
line or intended to support structure.
where established and provided for by law, provided
such operations do not affect the lateral support or
increase the stresses in or pressure upon any adja-
cent or contiguous property;
E. Exploratory excavations under the direction
of soil engineers or engineering geologists;
F. Routine agricultural management techniques,
other than clearing;
G. Emergencies posing an immediate danger to
life or property, or substantial flood or fire hazards;
following any emergency, plans must be submitted
to the Director within thirty days; such plans must
include all work necessary to insure that the site will
comply with all provisions of this chapter,
H. Any other activity which is exempted by state
or federal law. (Ord. 1143 Exh. A (part), 1981)
Subsection B.
(B-1) Land disturbance or land fill covers
one-quarter of an acre or less on natural and fin-
ished slopes less than ten percent.
(B-2) The volume of earth soil, or other earthen
material stockpiled or disposed of is one hundred
cubic yazds or less, or thirty tons or less.
Where an activity meets a criterion set forth in
subsection A but does not meet any of the criteria
set forth in subsection B, the activity will be subject
to the erosion control provisions of this chapter
(Section 16.08.110) but not the grading provisions.
Where an activity meets the criteria set forth in
subsection B but does not meet any of the criteria
set forth in subsection A, the activity will be subject
to the grading provisions of this chapter (Section
16.08.100) but not the erosion control provisions.
(Ord. 1143 Exh. A (part), 1981)
16.08.070 Categorical exemptions.
Sections 16.08.050 and 16.08.060 notwithstand-
ing, the following activities are always exempt from
the permit requirements:
A. Cemetery graves;
B. Refuse disposal sites controlled by other
regulations;
C. Excavations for wells;
D. Mining, quarrying, excavating, processing,
stockpiling of rock, sand, gravel, aggregate or clay
16.08.080 Application.
The application for a permit must include all of
the following items except as noted:
A. Application form, as specified by the Direc-
tor,
B. Site map, largest scale one inch equals fifty
feet, maximum sheet size twenty-four inches by
thirty-six inches;
C. Grading plan when a permit is required under
Section 16.08.060; lazgest scale one inch equals fifty
feet, maximum sheet size twenty-four inches by
thirty-six inches;
D. Interim erosion and sediment control plan
when required under Section 16.08.060;
E. Work schedule;
F. Application fees;
G. Performance bond and other security accept-
able to the Director,
H. Soils report is required. (Ord. 1777 (part),
1998; Ord. 1143 Exh. A (part), 1981)
16.08.100 Site map and grading plan.
Applicant shall submit two complete sets of site
maps/grading plans and specifications and three
additional plot plans. Except as waived by the Di-
rector for small and unimportant work, the plans
shall be prepared and signed by a civil engineer, and
soils engineer, licensed by the State. Applicant shall
42,3 (Cupertino 5-98)
16.08.100
provide all the following information on a site
map/grading plan:
A. A vicinity sketch or other data adequately
indicating the site location;
B. Property lines of the site on which the work
is to be performed and easements if such are re-
quired;
C. Location of any buildings or structures on the
property where the work is to be performed, and the
location of any building, structure, or retaining wall
on adjacent property which is within fifteen feet of
the site;
D. Existing and proposed topography of the site
taken at not more than five-foot contour intervals
over the entire site; ninety percent of the contours
shall be plotted within one contour interval of the
true location;
E. Two contour intervals that extend a minimum
of one hundred feet off-site, or sufficient distance
to show on-site and off-site drainage;
F. Location and graphic representation of all
existing and proposed natural and manmade drain-
age facilities;
G. Location and graphic representation of pro-
posed excavations and fills, of on-site stockpiling of
soil and other earth material, and of on-site disposal;
H. Location of surface runoff, erosion and sedi-
ment control measures required under proposed
interim erosion control plan;
I. Location of existing vegetation types and the
location and type of vegetation to be left undis-
turbed;
J. Outline of the methods to be used in clearing
vegetation, and in storing and disposing of the
cleared vegetative matter;
K. Detailed plans of all drainage devices, walls,
cribbing, dams, or other protective devices to be
constructed in connection with, or as a part of, the
proposed work, together with a plat or sketch show-
ing the drainage area and estimated runoff of the
area served by any drains;
L. An estimate of the quantity of excavation and
fill involved;
M. Proposed sequence and schedule of excava-
tion, filling and other land-disturbing and filling
activities, and soil or earth material storage and
disposal;
N. Such additional technical information as is
required to clarify the above;
O. Site cross-sections as required. (Ord. 1143
Exh. A (part), 1981)
16.08.110 Interim erosion and sediment
control plan (interim plan).
The applicant shall provide an interim plan, either
integrated with the site map/grading plan or sepa-
rately, at the discretion of the Director. However, at
least the location of erosion control measures and
erosion control planting shall be shown on the site
map/grading plan. The applicant shall provide the
following information with respect to conditions
existing on the site during land-disturbing or filling
activities or stockpiling of soil:
A. Maximum surface runoff from the site shall
be calculated using a ten year design storm and the
City of Cupertino intensity curves as shown in the
master storm drain plan;
B. The interim plan shall also contain the fol-
lowing information:
1. A delineation and brief description of the
measures to be undertaken to retain sediment on the
site, including, but not limited to, the designs and
specifications or berms and sediment detention
basins, and a schedule for their maintenance and
upkeep;
2. A delineation and brief description of the
surface runoff and erosion control measures to be
implemented, including, but not limited, to types
and methods of applying mulches, and designs and
specifications for diverters, dikes and drains, and a
schedule for their maintenance and upkeep;
3. A delineation and brief description of the
vegetative measures to be undertaken, including, but
not limited to, seeding methods, and type, location
and extent of preexisting and undisturbed vegetation
types, and a schedule for maintenance and upkeep;
C. The location of all the measures listed by the
applicant under subsection B above, shall be depict-
ed on a site map;
(Cupertino 5-98) 424
16.08.110
D. An estimate of the cost of implementing and
maintaining all interim erosion and sediment control
measures must be submitted in a form acceptable to
the Director. (Ord. 1143 Exh. A (part), 1981)
16.08.120 Engineering geological reports.
Prior to issuance of a grading permit, the Direc-
tor, after review by a civil engineer, may require an
engineering geological investigation, based on the
most recent grading plan. The engineering geologi-
cal report shall include an adequate description of
the geology of the site, and conclusions and recom-
mendations regarding the effect of geologic condi-
tions on the proposed development. All reports shall
be subject to approval by the Director, and supple-
mental reports and data may be required as he may
deem necessary. Recommendations included in the
report and approved by the Director shall be incor-
porated in the grading plan as needed for other
purposes. The cost is to be borne by the applicant.
(Ord. 1143 Exh. A (part), 1981)
16.08.130 Soils engineering reports.
The Director may require after review by a civil
engineer, a soils engineering investigation, based on
the most recent grading plan. Such reports shall
include data regarding the nature, distribution,
erodibility of existing soil, strength of existing soils
with particular emphasis on stability of existing and
proposed cut and fill slopes, data regarding the
nature, distribution and erodibility of soil to be
placed on the site, if any, conclusions and recom-
mendations for grading procedures, and design
criteria for corrective measures. Recommendations
included in the report and approved by the Director
shall be incorporated in the grading plan or specifi-
cations. The cost is to be borne by the applicant.
(Ord. 1143 Exh. A (part), 1981)
16.08.140 Work schedule.
The applicant must submit a master work sched-
ule showing the following information:
A. Proposed schedule of work showing timing
of major operations;
B. Proposed schedule for installation of ail inter-
im erosion and sediment control measures. (Ord.
1777 (part), 1998; Ord. 1143 Exh. A (part), 1981)
16.08.150 Bonds.
A. Bonds Required. A pemut shall not be issued
unless the permittee first posts with the Director, a
bond executed by the owner and a corporate surety
authorized to do business in this state as a surety in
an amount sufficient to cover the cost of the project,
including both grading erosion control and correc-
tive work necessary to remove and eliminate geolog-
ical hazards.
In lieu of a surety bond, the applicant may de-
posit acash bond, letter of credit in a form accept-
able to the City Attorney, certificate of deposit, or
a passbook assigned to the City in an amount equal
to that which would be required in the surety bond.
The applicant shall provide security for the per-
formance of the work described and delineated in
the interim plan in an amount to be determined by
the Director but not less than one hundred percent
of the approved estimated cost of performing said
work, including corrective work necessary to elimi-
nate hazardous conditions or conditions likely to
result in pollution of a watercourse or drainage
facility with sediment.
B. Conditions. Every bond shall include the
conditions that the permittee shall:
1. Comply with all the provisions of the chapter,
applicable laws, and codes for grading and other
work;
2. Complete all of the work contemplated under
the permit within the time limit specified; the Direc-
tormay, for sufficient cause, extend the time speci-
fied in the permit; however, the bond shall remain
in full force until the end of the time extension;
3. Comply with the work schedule for the inter-
im erosion control plan.
C. Failure to Complete Work. The term of each
bond shall begin upon the date of filing and shall
remain in effect until the completion of the work to
the satisfaction of the Director. In the event of fail-
ure to complete the work and/or failure to comply
with all of the conditions and terms of the permit,
425
(CuPeRino 5-98)
16.08.150
the Director may order the work required by the
permit to be completed to his satisfaction. The sure-
ty executing such bond or deposit shall continue to
be firmly bound under a continuing obligation for
the payment of all necessary costs and expenses that
may be incurred or expended by the City in causing
any and all such required work to be done. In the
case of a cash deposit, said deposit or any unused
portion thereof shall be refunded to the permittee.
(Ord. 1143 Exh. A (part), 1981)
16.08.160 Fees.
A. Plan-checking Fee. For excavation and fill on
the same site, the fee shall be based on the volume
of the excavation or fill, whichever is greater. Be-
fore accepting a set of plans and specifications for
checking, the Director shall collect aplan-checking
fee. Separate permits and fees shall apply to retain-
ing walls or major drainage structures as indicated
elsewhere in City ordinances. There shall be no
separate charge for standard terrace drains and simi-
lar facilities. Fees will be as set forth in the latest
resolution adopted by the City.
B. Grading Permit and Inspection Fees. A fee
for each grading permit and inspection shall be paid
to the City as set forth in the latest resolution adopt-
ed by the City. (Ord. 1143 Exh. A (part), 1981)
16.08.170 Grading permit-Approval.
The Director may approve a permit application
and issue a permit only if:
A. Applicant submits all required plans, data,
reports, fees and securities;
B. Plans, data and reports submitted in applica-
tion conform to design standazds set forth in Section
16.08.200;
C. All proposed uses shown on the grading plans
for the site will comply with all provisions of zon-
ing and other applicable City ordinances. (Ord. 1143
Exh. A (part), 1981)
16.08.180 Grading permit-Denial.
A. Hazazdous Grading. The Director, after re-
view by a civil engineer, shall not issue a permit in
any case where he finds that the work as proposed
by the applicant is liable to endanger any private
property or result in the deposition of debris on any
public way or interfere with any existing drainage
course.
B. Geological or Flood Hazard. If, in the opinion
of the Director, after review by a civil engineer, the
land area for which grading is proposed is subject
to geological or flood hazard to the extent that no
reasonable amount of corrective work can eliminate
or sufficiently reduce the hazard to human life or
property, the grading permit and building permits
for habitable structures shall be denied.
C. Erosion and Sediment Control. If, in the
opinion of the Director, after review by a civil engi-
neer, the interim plan is inadequate to certain sedi-
ment on-site or control erosion, the grading permit
shall be denied. (Ord. 1143 Exh. A (part), 1981)
16.08.185 Grading permit Emergency.
Whenever the Director determines, after review
by a civil engineer, that any existing excavation or
embankment or fill has become a hazard to life and
limb, or endangers property, or adversely affects the
safety, use, or stability of a public way or drainage
channel, the owner of the property upon which the
excavation or fill is located, or other person or agent
in control or possession of said property, upon re-
ceipt of notice in writing from the Director, shall
within the period specified therein, repair or elimi-
nate such excavation or embankment so as to elimi-
nate the hazard and be in conformance with the
requirements of this chapter.
If it can be shown to the satisfaction of the Direc-
tor that the hazard can be essentially eliminated by
the construction of retaining structures, buttress fills,
draining devices or by other means, the Director
may issue the permit with the condition that such
work be performed. (Ord. 1777 (part), 1998)
16.08.190 Grading permit--Conditions of
approval.
In granting any permit under this chapter, the
Director may attach such conditions as may be
necessary to prevent creation of a nuisance or haz-
(Cupertino 5-98) 426
16.08.190
and to public or private property. Such conditions
may include but shall not be limited to:
A. Improvements of any existing grading to
bring it up to the standards of this chapter or the
requirements of the civil engineer,
B. Requirements for fencing or protection of
excavation or fills which would otherwise be haz-
ardous.
Liability. Neither the issuance of a permit under
the provisions of this chapter, nor the compliance
with the provisions hereof or with any conditions
imposed in the permit issued hereunder, shall relieve
any person from responsibility for damage to other
persons or property, nor impose any liability upon
the Ciry for damage to other persons or property.
(Ord. 1777 (part), 1998; Ord. 1143 Exh. A (part),
1981)
16.08.200 Grading permit-Design
standards.
A. Cuts. )n the absence of a civil engineer's
report, the following minimum standards shall ap-
ply:
1. Maximum Slope. Cuts shall not be steeper in
slope than two horizontal to one vertical unless the
owner furnishes a soils engineering or an engineer-
ing geology report, prepared by a civil engineer,
certifying that the site has been investigated and
indicating that the proposed deviation will not en-
dangerany private or public property or result in the
deposition of debris on any public way or interfere
with any existing drainage course.
The Director may require the excavation to be
made with a cut face flatter in slope than two hori-
zontal to one vertical if he finds it necessary for
stability and safety.
2. Drainage Terraces. All cut slopes in excess
of forty feet vertical height shall have protected
drainage terraces at vertical intervals not exceeding
thirty feet except that where only one terrace is
required, it shall be at midheight. Such terraces shall
drain into a protected gutter, pipe or other water-
course adequate to convey the water to a safe dis-
posal area. Unless site conditions dictate otherwise
the minimum terrace shall be four feet wide.
3. Benches shall be installed on all slopes over
thirty feet in height as specified by the Director.
4. The top and toe of all cut slopes shall be
sloperounded fifteen feet in each direction.
B. Fills. In the absence of a civil engineer's
report, the following minimum standards shall ap-
ply:
1. Compaction. All fills shall be compacted to
a minimum of ninety percent of maximum density
as determined by the current ASTM standards or
equivalent as approved by the Director. Field densi-
ty shall be determined by the current ASTM stan-
dards or equivalent as approved by the Director.
2. Preparation of Ground. The natural ground
surface shall be prepared to receive fill by removing
vegetation, noncomplying fill, top soil, and, where
slopes are five horizontal to one vertical or steeper,
by benching and keying, as specified by the Direc-
tor, into competent material. Five feet of the lower-
most bench shall be exposed beyond the toe of the
fill. The bench shall be sloped for sheet overflow or
a paved drain shall be provided.
3. Fill Slope. No compacted fill shall be made
which creates an exposed surface steeper than two
horizontal to one vertical. The Director, after review
by a civil engineer, may require that the fill be con-
structed with an exposed surface flatter than two
horizontal to one vertical if he finds this necessary
for stability and safety.
4. Fill Material. No organic material shall be
permitted in fills. Except as permitted by the Direc-
tor, no rock or similar irreducible material with a
maximum dimension greater than eight inches shall
be buried or placed in fills within two feet of the
fmal grade.
5. Drainage Terraces. All fill slopes in excess of
thirty feet vertical height shall have protected drain-
age terraces at vertical intervals not exceeding
twenty-five feet except that where only one ten-ace
is required, it shall be at midheight. Such terraces
shall drain into a protected gutter, pipe or other
watercourse adequate to convey the water to a safe
disposal area. The terrace shall be at least four feet
wide.
'~27 (Cupcrtino 5-98)
16.08.200
6. Slopes to Receive Fill. Fills toeing out on
natural slopes which are steeper than two horizontal
to one vertical will not be permitted.
7. Benches shall be installed on all slopes over
thirty feet in height as specified by the Director.
8. The top and toe of each fill slope shall be
slope-rounded within fifteen feet in each direction.
C. Setbacks. Cuts and fills shall be set back
from property lines. Retaining walls may be used to
reduce setbacks when approved by the Director.
Fill placed on or above the top of an existing or
proposed cut or natural slope steeper than three
horizontal to one vertical shall be set back from the
edge of the slope for a minimum distance of five
feet.
D. Erosion Control Planting.
1. The face of all cut and fill slopes shall be
planted and maintained with erosion control planting
approved by the Director to protect the slopes
against erosion as soon as practical and prior to the
final approval of the grading. Where cut slopes are
not subject to erosion, this requirement may be
waived by the Director.
2. An irrigation system or watering facilities
may be required by the Director.
3. Building foundations shall be set back from
the top of slope a minimum distance of ten feet for
all slopes steeper than three horizontal to one verti-
cal unless approved by the Director.
4. The restrictions given in this section are
minimum and may be increased by the Director,
after review by a civil engineer, if considered neces-
sary for safety or stability or to prevent possible
damage from water, soil, or debris.
E. Drainage.
1. Drainage facilities shall be installed as speci-
fied by the Director or the soils engineer. All drain-
age facilities shall be designed to carry surface
waters to the nearest practical street, storm drain, or
natural watercourse approved by the Director and/or
other appropriate governmental agency, as a safe
place to deposit such waters. At least two percent
grade toward the approved disposal area will be
required for the area surrounding the building pads,
except as waived by the Director for nonhilly ter-
rain.
2. Adequate provision shall be made to prevent
any surface waters from damaging the face of an
excavation or fill. All slopes shall be protected from
surface water runoff from above by berms or chan-
nels.
3. All swales or ditches on drainage terraces
shall be graded to provide suitable drainage and
designed to prevent erosion, including a suitable
lining as specified by the Director.
4. Drainage across lot lines caused by grading
is prohibited unless storm drain easements are pro-
vided.
F. Lot Grade. The Director, in addition to estab-
lishing grades for streets, curbs and sidewalks, shall
establish lot grades for residential and all commer-
cial and industrial developments coming within the
site control provisions of the zoning ordinance of
the City.
G. Retaining Wall Construction. All retaining
walls constructed within the City shall be subject to
the following standards and restrictions and shall be
designed in accordance with the provisions of the
latest adopted Uniform Building Code and recog-
nized soils engineering principles and shall be ap-
proved by the Director. The following outlines the
restrictions:
1. Property Line Setback Material Restrictions.
Any retaining wall which is at or within twice its
retained height (2xH) from any property line shall
be constructed from materials other than wood. This
restriction shall supersede any and all other provi-
sions of this section.
2. Retaining Wall Height Restrictions. If the
retained height of a wall exceeds three feet, then the
following restrictions shall apply:
a. Any vertical structural member which resists
the overturning forces imposed by the retained fill
shall be constructed of materials other than wood.
If, however, in the opinion of the Director, the use
of any wood members is a hazard, then all compo-
nents shall be constructed of materials other than
wood.
(Cupartino 5-98) 428
16.08.200
b. If the retained height of a wall exceeds eight
feet, then no wood material may be used in its
construction, unless approved by the City Council.
3. Special Loadings and Wheel Loadings (Fire
Trucks). Whenever retaining walls are adjacent to
restricted or unrestricted vehicular traveled ways, the
minimum truck wheel loadings shall be H10-44 as
defined in the latest adopted "Standard Specifica-
tions for Highway Bridges" of the A.A.S.H.O. The
active pressure distribution shall be subject to ap-
proval by the Director.
4. Special Backfill Surcharges. The Drector
shall have the right to request a soils engineer to
review and provide special design values for the
type and magnitude of backfill loadings on retaining
walls.
5. City Details. The walls outlined in Figures
16.08.200B and 16.08.2000 may be used without
additional structural calculations, if in the opinion
of the Director, no special site or soils conditions
exist. The application of the standard wall details
are subject to the restrictions outlined in subdivi-
sions 1 and 2 of this subsection.
See Figure 16.08.200A for clarification of subdi-
visions 1 through 4 of this subsection.
Design and Construction Responsibility. Retain-
ing walls constructed in accordance with City Stan-
dards will be accepted without further design com-
putations; however, it is the civil engineer's respon-
sibility to assure himself as to the adequacy of these
designs in the use for which he intends. Soil condi-
tions, surcharge, and construction methods and
quality are still his responsibility and nothing in this
chapter shall be construed as relieving him of this
responsibility.
Nothing in this chapter shall prevent the engineer
from submitting additional designs that are accom-
panied by design calculations and a signed certifica-
tion testifying to their adequacy for intended use
and durability. Such designs shall be checked and
approved by the Director.
All retaining walls must be approved by the
Director prior to issuance of any building permit on
the property.
Plan-checking Retaining Wall Fee. There shall be
a planchecking fee for retaining walls as specified
in the latest adopted Resolution.
H. Supported Parking Slabs and Decks. This
section shall apply only to driveway or related struc-
tures in excess of five feet from buildings.
Any and all columns, beams or joists required or
installed asload-carrying members in the support of
slabs or decks, subject to vehicular loading, shall be
constructed of materials as or more durable than the
materials used in constructing the slab or deck.
Treated or untreated wood is defined to be the least
durable of concrete, steel, or concrete block con-
struction.
The minimum City-stipulated loadings that can
be used shall be H10-44 as defined in the latest
adopted, "The Standard Specifications for Highway
Bridges" of the A.A.S.H.O. (Ord. 1777 (part), 1998;
Ord. 1143 Exh. A (part), 1981)
16.08.210 Grading permit-Limitations and
conditions.
A. General. The issuance of a grading permit
shall constitute an authorization to do only that
work which is approved by the Director and to do
such work in conformity with the approved plan.
B. Jurisdiction of Other Agencies. Pemuts issued
under the requirements of this chapter shall not
relieve the owner of responsibility for securing
required permits for work to be done which is regu-
lated by any other ordinance, code, department or
division of the City. Compliance with other agency
requirements is mandatory, if applicable.
C. Time Limits. Pemuts issued under this chap-
ter shall be valid for the period during which the
approved grading, filling, and stockpiling of soil,
clearing or any other stockpiling of soil, clearing or
any other activity governed by this permit, takes
place or is scheduled to take place, whichever is
shorter. Permittee shall commence permitted activi-
ties within sixty days of the scheduled commence-
mentdate for grading or the permittee shall resubmit
all required application forms, maps, plans, sched-
ules and security to the Director. The Director may
require additional fees.
•~29 (Cupertino 5-98)
16.08.210
D. Schedule. Permittee shall do the work accord-
ing to the approved schedule.
E. Storm Damage Precautions. All persons per-
forming any grading operations shall put into effect
all necessary precautions to protect persons' life,
limb, health and welfare and private or public prop-
erty of others from damage of any kind, and to
prevent the introduction of excessive sediment into
any natural or manmade waterway or drainage facil-
ity.
Safety Precautions.
A. If at any stage of the work the Director deter-
mines by inspection that further grading as autho-
rized is likely to endanger any private or public
property or result in the deposition of debris on any
public way or interfere with any existing drainage
course, the Director may require, as a condition to
allowing the work to continue or to be completed,
that such reasonable safety precautions be taken as
he considers advisable to avoid such likelihood of
danger.
B. Notice to comply shall be submitted to the
permittee in writing. After a notice to comply is
transmitted, a period of ten days shall be allowed
for the contractor to begin to make the corrections,
unless an imminent hazard exists, in which case the
corrective work shall begin immediately.
C. If the Director finds any existing conditions
not as stated in the grading permit or approved
plans, he may order the work stopped and refuse to
approve further work until approval is obtained for
a revised grading plan which will conform to the
existing conditions. (Ord. 1143 Exh. A (part), 1981)
16.08.220 Permittee-Responsibility.
A. Compliance with Plans and Requirements. All
permits issued hereunder shall be presumed to in-
clude the provision that the applicant, his agent,
contractors or employees, shall carry out the pro-
posed work in accordance with the approved plans
and specifications and in compliance with all the
requirements of this chapter.
B. Protection of Utilities. During grading opera-
tions the pennittee shall be responsible for the pre-
vention of damage to any public utilities or services.
This responsibility applies within the limits of grad-
ing and along any routes of travel of equipment.
C. Protection of Adjacent Property. The permit-
tee is responsible for the prevention of damage to
adjacent property and no person shall excavate on
land sufficiently close to the property line to endan-
ger any adjoining public street, sidewalk, alley, or
other public or private property without supporting
such property from settling, cracking, or other dam-
age which might result.
D. Requirements for Supervised and Regular
Grading. For both supervised and regular grading,
the permittee, or his designated agent or the civil
engineer shall:
1. Notify the Director at least forty-eight hours
in advance of the commencement of grading, filling,
stockpiling of soil, clearing or any other activity
governed by the permit.
2. Submit to the Director, reports on:
a. Any delays in grading, filling activities,
stockpiling of soil, clearing or any other activity
governed by the permit;
b. Any other departures from the approved site
map and grading plan which may affect implementa-
tion of the interim plan as scheduled;
c. Possible delays in obtaining materials, equip-
ment services or manpower necessary to the imple-
mentation of the interim plan as scheduled;
d. Any delays in the implementation of the
interim plan as scheduled;
e. Any other departures from implementation of
the interim plan;
f. The progress of the work on a monthly basis.
(Ord. 1143 Exh. A (part), 1981)
16.08.230 Grading supervision.
A. Supervised Grading Required. Pennittee shall
comply with the order to modify within the period
specified in the notice. All grading in excess of one
thousand cubic yards shall be performed under the
supervision of a civil engineer and shall be designat-
ed "Supervised Grading." Grading not supervised in
accordance with this section shall be designated
"Regular Grading." For grading involving less than
one thousand cubic yards on a site having an aver-
(cupeR;no s-9s~ 430
16.08.230
age slope of less than ten percent, the permittee may
elect to have the grading performed as either super-
vised grading or regulaz grading.
B. Supervised Grading Requirements. For super-
vised grading, it shall be the responsibility of the
civil engineer to supervise and coordinate all site
inspection and testing during grading operations.
Soils and geology reports shall also be required as
specified in subsections C and D of Section
16.08.060. All necessary reports, compaction data,
and soils engineering and engineering geological
recommendation shall be submitted to the Director
by the supervising civil engineer.
In addition to performing as required above, the
permittee shall notify the Director, at least
forty-eight hours beforehand of the beginning of
land-disturbing or fill activities or stockpiling of
soil.
C. Regular Grading Requirements. The Director
shall inspect the work and require adequate observa-
tion and testing. When a soils report is required the
soils engineer shall do the observation and testing.
Periodic observation and test reports showing the
compaction and acceptability of all fills shall be
required, except as exempted by Section
16.08.120A. These shall include but not be limited
to observation of cleazed areas and benches prepared
to receive fill and removal of all soil and unsuitable
materials, the placement and compaction of fill
materials; the bearing capacity of the fill to support
structures, and the observation or review of the
construcfion of retaining walls, subdrains, drainage
devices, buttress fills and other similaz measures.
The Drector may require sufficient observation
to assure that all geologic conditions have been ade-
quately considered. (Ord. 1143 Exh. A (part), 1981)
16.08.240 Modifications.
All modifications of the approved grading plans
and interim plans must be approved by the Director.
All necessary soils and geological reports shall be
submitted with the plans. No grading work in con-
nection with the proposed modifications will be
permitted without the approval of the Director.
Modifications which affect basic tract design or
land use must have the approval of the appropriate
City agency.
The Director shall review all reports submitted by
permittee, where the Director finds:
A. Delays in implementing or departures from
the approved site map, grading plan, or interim plan;
B. Problems with or breakdowns in any tech-
nique provided for by the interim plan which are
attributable to:
1. The plans themselves,
2. Their maintenance methods or schedules,
3. Any other causes which may have a deleteri-
ous effect on the quality of receiving waters, or
increase surface runoff, erosion or off-site sedimen-
tation.
The Director shall require the site map, grading
plan, or interim plan, and maintenance methods and
schedules be modified so as to achieve the same
level of water quality and surface runoff, erosion
and sediment control as would have been achieved
had these problems not arisen. The Director shall
notify the pennittee in writing of the requirement.
Permittee shall comply with the order to modify
within the period specified in the notice. (Ord. 1143
Exh. A (part), 1981)
16.08.250 Inspections.
A. Notification of Noncompliance. If in the
course of fulfilling his responsibility under this
chapter, the supervising civil engineer finds that the
work is not being done in conformance with this
chapter or the plans approved by the Director, or in
accordance with accepted practices, he shall immedi-
ately notify the person in charge of the grading
work and the Director in writing of the nonconfor-
mity and of the corrective measures to be taken.
B. In addition to necessary inspection of grading
and drainage work, the Director shall inspect the site
for compliance with the interim plan and related
conditions of the permit on or about September 15th
of each yeaz. (Ord. 1777 (part), 1998; Ord. 1143
Exh. A (part), 1981)
431 (Cupertino 5-98)
16.08.260
16.08.260 Work completion notice-Report.
A. Final Reports. Upon completion of the work,
the Director may require the following:
1. The civil engineer shall prepare a final report
stating that all grading lot drainage, and drainage
facilities have been completed in conformance with
the approved plans and this chapter and shall famish
a final grading plan of the completed work.
2. The soils engineering reports shall include
written certification of soil bearing capacity, slope
stability so that future construction will not be en-
dangered, summaries of field and laboratory tests,
location of tests, and shall show limits of compacted
fill on the fmal grading plan.
3. The engineering geology reports shall be
based on the final grading plan and shall include
specific approval of the grading as affected by geo-
logical factors. Where necessary, a revised geologic
map, cross sections, and any recommendations re-
garding building restrictions or foundation setbacks
shall be included.
B. Notification of Completion. The pemiittee or
his agent shall notify the Director when the grading
operation is ready for fmal inspection. Final approv-
al shall not be given until all work, including instal-
lation of all drainage structures and their protective
devices, has been completed and the final grading
plan and required reports have been submitted. (Ord.
1143 Exh. A (part), 1981)
16.08.265 Appeal procedure.
A. Notice. Appeal to the City Council may be
made from any decision, determination, or require-
ment of the Director by filing notice thereof in
writing with the City Clerk within ten days after
such decision, determination, or requirement is
made. Such notice shall set forth in detail the action
and the grounds on which the applicant deems him-
self aggrieved.
B. Report. The City Clerk shall report the filing
of such notice to the Director and the City Council.
A written report shall be submitted to the City
Council by the Director.
C. Action on Appeal. The City Council, at its
next regular meeting following the filing of such
appeal, shall set appeal for hearing and such hearing
may, for good cause, be continued by order of the
City Council. Upon the hearing of such appeal, the
City Council may sustain, reverse or modify the
decision of the Director, and enter any such order
or orders as are in harmony with the spirit and
purpose of this chapter. (Ord. 1143 Exh. A (part),
1981)
16.08.270 Suspension of permit.
The Director shall suspend the permit and issue
a stop work order, and permittee shall cease all
work on the worksite, except work necessary to
remedy the cause of the suspension, upon notifica-
tion of such suspension when:
A. Permittee fails to submit reports timely and
in accordance with Section 16.08.190;
B. Inspection by the Director under Section
16.08.240 reveals that the work or the worksite:
1. Is not in compliance with the conditions set
forth in Section 16.08.190; or
2. Is not in conformity with the site map, grad-
ing plan; or
3. Is at variance with reports submitted under
Section 16.08.120 or Section 16.08.130; or
4. Is not in compliance with an order to modify
under Section 16.08.230.
C. Permittee fails to comply with an order to
modify within the time limits imposed by the Direc-
tor. (See Section 16.08.230.)
The Director may reinstate a suspended permit
upon permittee's correction of the cause of the
suspension. (Ord. 1143 Exh. A (part), 1981)
16.08.280 Revocation of permit.
The Director may revoke the permit and issue a
stop work order, and permittee shall cease work if
pernittee fails or refuses to cease work, as required
under Section 16.08.250 above, after suspension of
the permit and receipt of a stop work order and
notification thereof.
The Director may not reinstate a revoked permit.
The permittee must reapply for another permit. (Ord.
1777 (part), 1998; Ord. 1143 Exh. A (part), 1981)
(cwpertino 5-98) 432
16.08.290
16.08.290 Violation-Penalty.
Any person who violates the provisions of this
chapter including noncompliance with a stop work
order issued pursuant to Section 16.08.260 or Sec-
tion 16.08.270 shall be guilty of a misdemeanor and
upon conviction thereof shall be punished as provid-
ed in Chapter 1.12. (Ord. 1777 (part), 1998)
16.08.300 Remedies cumulative.
All remedies prescribed in this chapter shall be
cumulative, and the use of any remedy by the City
shall not bar the use of any other remedy authorized
by the California Penal Code, any other statute of
the state or other ordinances of the City. (Ord. 1777
(part), 1998)
433
(Cupertino 5-98)
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'^r;~Ar: w~nv•~ A2~ P.vzT oP ~It •KAL1-. j
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(Cupertino 5-98) 434
of ~
m~7YP! wail
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W min. ma:. j
V
tai. 1::~..,~.~.` I.Ssiope t
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~ ~q tTREATEOI t Slope
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_ _ "q tTREATEO) -
2~'3 TIES-- •~ ` - - ,,•_- ,,..::,
CONCRETE. ~'=- - - _ ~.
fc=2000 psi , ~: ~-~ -6"NOTES
° (nt+~ ,: ALL LUMBER
`` REDWOOD
1 *3TIE ~ HEAFcT STRUCT.
T=6 ~ • ` l.'8C STANDARD
tTYPICAU ~~ •
N0.25-9-6I OR
t EQUAL.
f CROSS_5ECTI.ON
!i D POSTS BOARDS
• -- MAX. -t -
FT. FT. SIZE ~ SPACING ! S)ZE
- 3 3 S" x 8" 6' ~ 2' x 12"
2 2 6° x 6" 6' 2' x t2"
~ I I 6" x6" _ 6' 2'x12"
.I. PRESERVATIVE TREATMiENT tCP.EOSOTE or EOUAL) IN ACCOROANC£
WITH SECT. 58 STANDAAD SPECIFICATIONS (STATE DEPT. OF PUBLIC
WORKS,CURR~NT EDITION).
•~r2.IF CERTIFIED 8Y SOILS ENGINEER.
~3. BLOCK WALL IS REOUIRE:D tF WALL IS WtTMIN 2XH FROM PROPERTY
LINE ()[) -
TIMBER RETAINING WALL
CITY OF CUPERTINO rJ~
STANOARO OETAlLS .r~aKO •.~ -~p~~~„K ATE- ~~/Z~ ~ rj(
'~35 (Cupeicno 5-98)
Face of
Cap If Desired ~ 6'Min.- i
f \ ~ edge of
I I footing's
Grode 2y ~
r• Qr4 8or
~~ /Vertical s4 eats at 16~aG
.~. Concrete Masonorywall-
' A11 Celts Filled Solid
~ iM Grout
°
_E ~ 9=
'p
` 2•. 2 t'4's Bars
~Otnit Heod Joint At First
Q •%~ ~ .Coupe At 32' O.C. For
- weep Hole.
-1~ - ' Y` Bari
c ~~'~-
_E . f 1. Drab Rock as reR d.
io
~ . I ~~ ~ Bars
..~' .
~ ~'
~Z~i ~ 's-4ea
~NGrode,
_r ~ = ~ '
9 ~ -12' =
Pour iootinq Ogoinst
Unorzturee0 Notwol Sar.
-~a_r-~
T'IPICAL SECTION OvER 5~-0"
Face of Bldp.l
~ ((1
~ I
{" :r
'~'- 6~Min: ~
(i
i Grode
~8ars
~=~ ~ 2 *48ars
,~ ~'i Conaete Masonary Wall-
° .• f All Ge11s Filled Solid With Grout.
E
O
' I Omit Head Joint In First Course
'n ~. ( At 32~~ OC. For Weep Hole.
.l ,~
I
(12 min. .I~ ~____ Rock
f Grade ~ I :~~ e~a~ ~ `u
j `' . t
f ~ t.. 1 TL
~!+ ~ 2 ~ 2'•48ors I f r4s
~__ ' S.. Door.
NOTE: ~ _~
Parr feetmq Ogo:nst
UnAyturot0 NOTUr01 Se.t
~ . i 1" A 6
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t MOTE:
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d. on-ALL Walls
~d'~
Table of Reinforcin
o;c~ ; o - ' o ~~®~
_~ TI-1o *4atza ac. i~aar4.eac..
d 8"`• 2-6'~~ *>; at 32 ~ o.c. Z3 at 48 o.c~
L5~ ~3-0 *4ot16 a.c '14at32ct
fi 12 _3-8 --R-otl2oc at i8"orL
NOTES
I. Clutroct 8uildinq Oept for Permit Requirements.
2 Plans indtcalinq Top of Wa8 (LW.) Elevohon,Esistrngr
and finished Grades ore Required on all Retainrnq Woll Permits.
CONCRETE $LDCK RETAINING
SPECIFICATIONS:
GRADE"N" MASONARY UNITS
TYPE : "M'tsr5"GROUT
GRADE = 40 STEEL
EFP = 30 7ft~
LATERAL SIDIN3=.35
C17Y OF CUPERTINO ~... -~ 5/
STANDARD DETAILS .»novrlo 0. CarE-l 3
-7:'~~~~ ~ 51
~~
(Cupertino 5-98) 436
16.12.010
Chapter 16.12
SOILS REPORT*
Sections:
16.12.010 Purpose.
16.12.020 Required.
16.12.030 Report requirements.
16.12.040 Preparation.
16.12.050 Approval of report.
16.12.060 Conditions for building permit.
16.12.070 Appeals.
* For statutory provisions requiring cities to enact an ordinance
which makes necessary a preliminary soil report of every subdivi-
sion, see Health and Safety Code §§ 17953-17957.
16.12.010 Purpose.
The ordinance codified in this chapter is enacted
pursuant to the provisions of Sections 17953
through 17957 of the Health and Safety Code of the
state, relating to housing, and reaffirms the require-
ment of an approved soils report as a condition to
the issuance of a building permit. (Ord. 1777 (part),
1998: Ord. 1134 § 1, 1981: Ord. 409, 1968)
16.12.020 Required.
A soils report, as described in Section 17953 of
the California Health and Safety Code, shall be
required of every subdivision as defined in the Sub-
division Map Act of the State of California (com-
mencing at Section 66410 of the California Govern-
ment Code) and shall also be required as a condition
precedent to the issuance of any building permit for
any structure to be built on any lot or subdivision.
Said soils report may be waived if the City of
Cupertino Public Works Department determines that,
due to the knowledge such department has as to the
soil qualities of the soil of the subdivision or lot, no
analysis is necessary.
In the case of individual single-family residential
lots, one method that such knowledge maybe ob-
tained by the Public Works Department is through
an informal letter of review consisting of a state-
ment that in the opinion of a soils engineer licensed
by the State of California, the provision of the UBC
apply without modification or special work being
involved. Said letter shall also address any other
concern expressed by the City Engineer concerning
soil conditions. (Ord. 1777 (part), 1998: Ord. 1200
§ 1, 1982: Ord. 1134 § 2, 1981: Ord. 409 § 2,
1968)
16.12.030 Report requirements.
The report shall be comprehensive and shall
include an analysis of:
A. Stability of all slopes, within the lot (subdivi-
sion) or slopes above, below or adjacent to the area
under investigation;
B. The classification of all soils for expansion
potential;
C. The classification of the soils according to the
Unified Soils Classification System;
D. The establishment of design bearing values
and anticipated maximum settlements;
E. Soil profiles including relevant data to depths
which reflect the nature and magnitude of the future
loading;
F. The presence of rocks or liquids containing
deleterious chemicals, which, if not corrected, could
cause construction materials such as concrete, steel,
and ductile or cast iron to corrode or deteriorate.
(Ord. 1610 § 1, 1992; Ord. 1134 § 3, 1981: Ord.
409 § 3, 1968)
16.12.040 Preparation.
The soils report shall be prepared by a civil engi-
neer who is registered by the state and shall be
based upon adequate test borings, excavations, or in
the case of the letter of review, field observations.
(Ord. 1777 (part), 1998: Ord. 1134 § 4, 1981: Ord.
409 § 4, 1968)
16.12.050 Approval of report.
The preliminary soil report shall be filed with and
approved by the City Engineer. (Ord. 1134 § 5,
1981: Ord. 409 § 5, 1968)
437 (Cupertino 5-98)
16.12.060
16.12.060 Conditions for building permit.
No building permit shall be issued for the con-
struction of any structure on any lot or subdivision
subject to this chapter unless or until an approved
preliminary soil report has been filed first with the
City Engineer, or said report has been waived pursu-
ant to the provisions of this chapter or, the correc-
tive action, if any, has been assured. (Ord. 1134 §
6, 1981: Ord. 409 § 6, 1968)
16.12.070 Appeals.
Appeals from determination made under this
chapter may be made to the City Council by the
filing of a written request with the Ciry Clerk within
five days of such determination having communicat-
ed to the applicant for the building permit. (Ord.
1134 § 7, 1981: Ord. 409 § 7, 1968)
(Cupcrtino 5-98) 438
16.16.010
Chapter 16.16
ELECTRICAL CODE ADOPTED*
Sections:
16.16.010 Adoption of 1993 California
Electrical Code and Uniform
Administrative Code Provisions
(except Table 3-A).
16.16.020 Article 100 amended-
Definitions.
16.16.025 Electrical work.
16.16.030 Electrical fee schedule.
16.16.040 Interpretation.
16.16.050 Electrical maintenance
program.
16.16.060 Nonmetallic-sheathed cables.
16.16.070 Violation-Penalty, amended.
* For statutory provisions authorizing cities to regulate the materials
used in wiring structures for electricity and in piping them for
electric supply, and to regulate the manner of such piping, see Gov.
Code § 38660.
16.16.010 Adoption of 1993 California
Electrical Code and Uniform
Administrative Code Provisions
(except Table 3-A).
The provisions of the 1993 California Electrical
Code and each and all of the regulations, provisions,
conditions and terms of the code (one copy of
which has been filed for use and examination by the
public in the office of the Building Department) is
referred to as if fully set forth in this chapter, and
is by such reference adopted. (Ord. 1707 Exh. A
(part), 1995)
16.16.020 Article 100 amended-Definitions.
Article 100 as amended by adding thereto the
following:
A. Electrical Contractors: For the purpose of
this article, an Electrical Contractor shall be a
person holding a valid electrical contractor's
license issued by the State of California.
B. Journeyman Electrician: A journeyman
electrician is an electrician qualified by training
and experience to do electrical work in conjunc-
tion with new construction and/or rework of
existing systems.
C. Maintenance Electrician: A maintenance
electrician in an electrician qualified by training
and experience to do the recurring work required
to keep a facility in such condition that it may be
utilized at its designated capacity and efficiency,
to do repair work or replacement or overhaul of
constituent parts or materials to keep or restore
a facility to a condition substantially equivalent
to its original or design capacity or efficiency.
(Ord. 1777 (part), 1998: Ord. 1707 Exh. A (part),
1995)
16.16.025 Electrical work.
Electrical work shall be done only by:
a. Owner/occupant;
b. Electrical contractors who are in compliance
with the state licensing laws and whose employees
are under the direct supervision of a qualified jour-
neyman electrician;
c. General Building Contractor with current B-1
license in conjunction with building permit only;
d. Maintenance electrician. (Ord. 1777 (part),
1998)
16.16.030 Electrical fee schedule.
Electrical fees shall be paid to the City as set
forth in the latest resolution adopted by the City.
(Ord. 1707 Exh. A (part), 1995)
16.16.040 Interpretation.
A. The language used in this code, and the Cali-
fornia Electrical Code, which is made a part of this
code by reference, is intended to convey the com-
mon and accepted meaning familiar to the electrical
industry.
B. The Building Official or his assistants is
authorized to determine the intent and meaning of
any provisions of this code. Such determination
shall be made in writing and a record kept, which
439 (Cupertino 5-98)
16.16.040
record shall be open to the public. (Ord. 1707 Exh.
A (part), 1995)
16.16.050 Electrical maintenance program.
Any person regularly employing one or more full-
time qualified electricians for the purpose of instal-
lation, alteration, maintenance or repair on any
property which such person owns or occupies, may
designate a qualified electrician as a maintenance
electrician. Upon being approved by the Chief
Building Official, the maintenance electrician shall
make monthly or quarterly reports to the City cover-
ing all installations, additions, or alterations. All
such work shall be installed and done in accordance
with the provisions of the Electrical Code, and shall
be subject to the payment of fees, and to inspection
by the electrical inspector to the same extent as
similaz work performed by other persons and for
which such inspection is provided. (Ord. 1707 Exh.
A (part), 1995)
16.16.060 Nonmetallic-sheathed cables.
1993 NEC Article 336-4 is amended by replacing
it with the following:
(a) Type NM or NMC. Types NM and NMC
cables shall not be used (1) in any dwelling or
structure exceeding three floors above grade; (2)
as service-entrance cable; (3) embedded in poured
concrete; or (4) in any non-residential occupancy.
For the purpose of this article, the first floor of
a building shall be that floor that has 50 percent
or more of the exterior wall surface area level
with or above finished grade. One additional
level that is the first level and not designed for
human habitation and used only for vehicle park-
ing, storage, or similaz use shall be permitted.
Findings
The Silicon Valley is located in the highly
active seismic zone 4. Nonmetallic-sheathed cable
is not afforded the same protection from damage
as wiring in raceways. Damage to Nonmetallic-
sheathed cable could occur in a seismic event
which increases the potential for a fire.
(Ord. 1707 Exh. A (part), 1995)
16.16.070 Violation-Penalty, amended.
Any person, firm, corporation, partnership or co-
partnership who willfully violates any of the provi-
sions, or fails to comply with any of the mandatory
requirements of this chapter is guilty of an infrac-
tion, and upon conviction thereof, shall be punish-
able asprovided in Chapter 1.12 of the Cupertino
Municipal Code, except that nothing herein con-
tained shall be deemed to bar any legal, equitable,
or summary remedy to which the City of Cupertino
or other political subdivision or person, firm, corpo-
ration or partnership may file a suit in the Superior
Court of the county of Santa Clara, to restrain, or
enjoin any attempted or proposed subdivision, or
acts, in violation of this chapter. (Ord. 1777 (part),
1998: Ord. 1707 Exh. A (part), 1995)
(Cupeccino 5-98) 440
16.20.010
Chapter 16.20
PLUMBING CODE ADOPTED*
Authority. When approved, such piping shall be
installed in accordance with the following re-
quirements:
Sections:
16.20.010 Adopted by reference.
16.20.020 Name insertion.
16.20.050 Water piping in or under
concrete slab floors.
16.20.060 Backwater valves.
16.20.070 Cleanouts.
16.20.080 Condensate disposals.
16.20.090 Appendix chapters.
16.20.100 Violation-Penalty.
16.20.110 Schedule of fees.
16.20.120 Board of Appeals.
* For statutory provisions regarding the authority of cities to regulate
the construction and location of drains and sewers, and of systems
for piping water or gas, see Gov. Code § 38660.
16.20.010 Adopted by reference.
That certain code entitled "International Associa-
tion of Plumbing Officials Uniform Plumbing Code,
1994 Edition," one copy of which is on file in the
office of the Building Department for use and exam-
ination by the public, excepting those provisions
noted in this chapter, is adopted by reference. (Ord.
1708 Exh. A (part), 1995)
16.20.020 Name insertion.
The names "Cupertino" and "California" shall be
inserted in the appropriate places provided therefor
in each and every section of said Uniform Plumbing
Code, 1994 Edition, wherein either the name of the
City or State is left blank. (Ord. 1708 Exh. A (part),
1995)
16.20.050 Water piping in or under
concrete slab floors.
1994 UPC Section 609.3 first paragraph, is
amended by replacing it with the following:
Water piping shall not be installed in or
under a concrete floor slab within a building
without prior approval of the Administrative
(The Sections 609.3.1 and 609.3.2 remains as
per current code text)
Findings
1. Most of the surface soils in the Silicon
Valley are relatively young and unconsolidated
sedimentary materials formed from a wide variety
of parent materials. The varying chemical compo-
sition, degree of weathering, and the relatively
acid environment have created soils of varying
types, which are particularly corrosive in nature.
2. Much of the surface soil in the Silicon
Valley is highly expansive (i.e., shrink-swell
behavior) and have low bearing strength.
There are two types of expansive soils in the
area:
a. The organic silty clays which are from the
recent bay muds.
b. The plastic silty clays which weather from
the shale found in the hills surrounding Santa
Clara Valley.
3. The local climate is characterized by mark-
edly delineated rainy and dry seasons, which tend
to maximize the expansive characteristics of soil.
4. Some parts of the Silicon Valley have hard
water, which is corrosive to ferrous pipe.
5. The groundwater table is unusually high in
many places.
6. The Silicon Valley is in a highly active
seismic area.
(Ord. 1708 Exh. A (part), 1995)
4[} 1 (Cupertino 5-98)
16.20.060
16.20.060 Backwater valves.
1994 UPC Section 710.1 is amended to read as
follows:
(a) Drainage piping serving fixtures which
have flood level rims located below less than
twelve (12) inches (304.8mm) above the eleva-
tion of the next upstream manhole and/or flushing
inlet cover at the public or private sewer system
serving such drainage piping shall be protected
from backflow of sewage by installing an ap-
provedtype backwater valve. Fixtures above such
elevation shall not dischazge through the back-
watervalve, unless fu-st approved by the Admin-
istrative Authority.
Findings
The Silicon Valley topography includes
mountainous and foothill areas with intermittent
steep slopes. Also, Silicon Valley is located in a
seismically active azea, which increases the likeli-
hood of breakage of building sewers and laterals,
leading to an above average potential of sewage
back-up into buildings without adequate protec-
tion.
(Ord. 1708 Exh. A (part), 1995)
16.20.070 Cleanouts.
1994 UPC Section 719 is amended by adding
subsection 7 as follows:
719.7 Cleanouts shall be installed at the prop-
erty line where the private sewer system connects
to the publicly-maintained sanitary sewer lateral.
All such line ceanouts shall be extended to grade
with materials and according to specifications
approved by the Administrative Authority and
terminate within a concrete box.
Findings
The Silicon Valley soils aze expansive in
nature. These expansive soils create unstable
conditions which increase the potential of breaks
in sewer laterals. To maintain sanitary services,
it is necessary to gain access, to periodically
maintain public sanitary laterals. This is accom-
plished by the additional cleanout as required
above.
(Ord. 1708 Exh. A (part), 1995)
16.20.080 Condensate disposals.
1994 UPC Section 807.2 is amended by replacing
it with the following:
Condensate from air-cooling coils and com-
fort cooling equipment not intended to be used
for the storage or holding of food or drinks shall
be collected and discharged to an approved point
of disposal acceptable to the Administrative Au-
thority.
Termination of such drains shall be made by
an air break. Condensate drain lines in sizes 1
1/4" and larger shall be assembled using ap-
proved drainage pipe and fittings. condensate
waste water shall not drain over or upon a public
way, sidewalk, pedestrian ramp or the like. The
waste pipe shall have a slope of not less than 1/8
inch per foot and shall be of approved corrosion-
resistantmaterial not smaller than the outlet size
as required below for air-cooling coils or con-
densing fuel-burning appliances, respectfully.
Condensate wastes pipes from air-cooling
coils shall be sized in accordance with equipment
capacity as follows:
EQUIPMENT CAPACITY
Up to 20 tons of refrigeration
21 to 40 tons of refrigeration
41 to 90 tons of refrigeration
91 to 125 tons of refrigeration
126 to 250 tons of refrigeratioi
MINIMUM
CONDENSATE PII'E
DIAMETER
3/4 inch
1 inch
1-1/4 inch
1-1/2 inch
i 2 inch
The size of condensate waste pipes may be
for one unit or a combination of units, or as
recommended by the manufacturer. The capacity
of waste pipes assumes a 1/8 inch-per-foot slope,
with the pipe running three-quarters full.
(Cupcrtino 5-98) 442
16.20.080
Condensate drain sizing for other slopes or
other conditions shall be approved by the Admin-
istration Authority.
Findings
The waste water treatment facilities serving
many silicon valley cities are operating at or neaz
maximum capacity. The discharge of treated
waste water into San Francisco Bay is detrimental
to its sensitive ecosystem.
Cooling coil and comfort cooling equipment
condensate waste discharge does not contain
pollutants which require treatment before being
dischazged into sanitary sewers or the ground.
(Ord. 1777 (part), 1998: Ord. 1708 Exh. A (part),
1995)
16.20.090 Appendix chapters.
Adopt the following appendix Chapters from the
1994 UPC:
A. 1994 UPC Appendix A, Rules for Sizing
Water Systems.
B. 1994 UPC Appendix B, Combination Waste
and Vent Systems.
C. 1994 UPC Appendix D, Rainwater Systems.
D. 1994 UPC Appendix E, Mobile Home Park
Plumbing Standards.
E. 1994 UPC Appendix H, Procedures for Sizing
Commercial Kitchen Grease Interceptors.
F. 1994 UPC Appendix I, Private Sewage Dis-
posal Systems. (Ord. 1777 (part), 1998; Ord. 1708
Exh. A (part), 1995)
16.20.100 Violation-Penalty.
Any person who violates any of the provisions of
this chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12 of this code. (Ord. 1777 (part), 1998)
16.20.110 Schedule of fees.
Fees shall be paid to the City as set forth in the
latest resolution adopted by the City. (Ord. 1777
(part), 1998)
16.20.120 Board of Appeals.
In order to determine the suitability of alternate
materials and methods of construction and to pro-
vide for reasonable interpretations of the provisions
of this Code, there shall be and is hereby created a
Board of Appeals, consisting of five members who
are qualified by experience and training to pass
upon matters pertaining to building construction
installation and materials. The Building Official
shall be an ex-officio member and shall act as Sec-
retary of the Board. The Board of Appeals shall be
appointed by the Mayor, subject to the approval of
the City Council, and shall hold office at his plea-
sure. The Board shall adopt reasonable rules and
regulations for conducting its investigations and
shall render all decisions and findings in writing to
the Building Official with a duplicate copy to the
appellant, and may recommend to the city Council
such new legislation as is consistent therewith. The
same personnel of the Board of Appeals appointed
under this code may act as the Board of Appeals
under the other building construction uniform codes.
In the event an Appeals Boazd is not appointed by
the legislative body, the Council shall serve as said
Appeals Board. (Ord. 1777 (part), 1998)
443
(Cupertino 5-98)
16.24.010
Chapter 16.24
MECHANICAL CODE ADOPTED
Sections:
16.24.010 Adopted by reference.
16.24.020 Name insertion.
16.24.030 Condensate wastes.
16.24.060 Board of appeals.
16.24.070 Table No. 1-A-Mechanical
permits fees amended.
16.24.080 Violation-Penalty.
16.24.010 Adopted by reference.
That certain code entitled "California Uniform
Mechanical Code 1994 Edition" as compiled and
published by the International Conference of Build-
ing Officials, one copy of which is on file in the
office of the Building Department for use and exam-
ination by the public, excepting those provisions
noted in this chapter, is adopted by reference. (Ord.
1709 Exh. A (part), 1995)
16.24.020 Name insertion.
The names "Cupertino" and/or "California" shall
be inserted in the appropriate places provided there-
for in each and every section of such Uniform Me-
chanical Code wherein the name of the City or State
is left blank. (Ord. 1777 (part), 1998: Ord. 1709
Exh: A (part), 1995)
16.24.030 Condensate wastes.
1994 UMC Section 310.1 is amended by replac-
ing it with the following:
Condensate from air cooling coils and com-
fort cooling equipment not intended to be used
for the storage or holding of food or drinks shall
be collected and discharged to an approved point
of disposal acceptable to the Administrative Au-
thority.
Termination of such drains shall be made by
an air break. Condensate drain lines in sizes 1-
1/4" and larger shall be assembled using ap-
proved drainage pipe and fittings. Condensate
waste water shall not drain over or upon a public
way, sidewalk, pedestrian ramp or the like.
Findings
The waste water treatment facilities serving
many Silicon Valley cities are operating at or
near maximum capacity. The discharge of treated
waste water into San Francisco Bay is detrimental
to its sensitive ecosystems.
Cooling coil and comfort cooling equipment
condensate waste discharge does not contain
pollutants which require treatment before being
discharged into sanitary sewers or the ground.
(Ord. 1777 (part), 1998: Ord. 1709 Exh. A (part),
1995)
16.24.060 Board of appeals.
In order to determine the suitability of alternate
materials and methods of construction and to pro-
vide for reasonable interpretations of the provisions
of this Code, there shall be and is hereby created a
Board of Appeals, consisting of five members who
are qualified by experience and training to pass
upon matters pertaining to building construction,
mechanical design and maintenance and the public
health aspects of mechanical systems. The Building
Official shall be an ex-officio member appointed by
the Mayor, subject to the approval of the City Coun-
cil, and shall hold office at his pleasure. The Board
shall adopt reasonable rules and regulations for con-
ducting its investigations and shall render all deci-
sions and findings in writing to the Building Offi-
cial, with a duplicate copy to the applicant, and may
recommend to the City Council such new legislation
as is consistent therewith. The same personnel of the
Board of Appeals under the other building construc-
tion uniform codes. In the event an Appeals Board
is not appointed by the legislative body, the Council
shall serve as such Appeals Board. (Ord. 1777
(part), 1998: Ord. 1709 Exh. A (part), 1995)
16.24.070
16.24.070 Table No. 1-A-Mechanical
permits fees amended.
Fees shall be paid the City as set forth in the
latest resolution adopted by the city. (Ord. 1709
Exh. A (part), 1995)
16.24.080 Violation-Penalty.
Any person who violates any of the provisions of
this chapter shall be guilty of a misdemeanor and
upon conviction thereof shall be punished as provid-
ed in Chapter 1.12 of this code. (Ord. 1777 (part),
1998: Ord. 1709 Exh. A (part), 1995)
445
(Cupertino 5-98)
16.28.010
Chapter 16.28
FENCES*
Sections:
16.28.010 Purpose.
16.28.020 Definitions.
16.28.030 Fence location and height for
zones requiring site review.
16.28.040 Fence location and height for
zones not requiring site review.
16.28.050 Proximity of plants and fences
to public streets.
16.28.060 Exceptions.
16.28.065 Temporary fences for
construction.
16.28.070 Violation-Penalty.
* For statutory provisions making fences taller than ten feet a nui-
sance, see Civil Code § 841.4.
16.28.010 Purpose.
The purpose of this chapter is to regulate the
location and height of fences and vegetation in yards
of all zoning districts in order to protect the safety,
privacy, and property values of residents and resi-
dent/property owners of the City. (Ord. 686 (part),
1975: Ord. 112 § 1, 1960)
16.28.020 Definitions.
The words and terms used in this chapter shall
have the following meanings unless the context
cleazly indicates otherwise:
A. "Fence" means aman-made structure which
is designed, intended or used to protect, defend or
obscure the interior property of the owner thereof
from the view, trespass or passage of others upon
that property.
B. "Fence height" means the vertical distance
from the highest point of the fence (excluding post
caps) to the finish grade adjoining the fence. In a
case where the finish grade is different for each side
of the fence, the grade with the highest elevation
shall be utilized in determining the fence height.
C. "Plant" means a vegetative matter.
D. "Setback azea, required front" means the azea
extending across the front of the lot between the
front lot line and a line parallel thereto. Front yards
shall be measured either by a line at right angles to
the front lot line, or by the radial line in the case of
a curved front lot line. The front of the lot is the
narrowest lot line from a public street.
E. "Setback azea, required rear" means the area
extending across the full width of the lot between
the rear lot line and the nearest line or point of the
main building.
F. "Setback azea, required side" means the azea
between the side lot line and the nearest line of the
building, and extending from the front setback line
to the rear setback line. (Ord. 686 (part), 1975: Ord.
112 § 2, 1960)
16.28.030 Fence location and height for
zones requiring site review.
A. The Planning Commission and City Council
shall have the authority to require, approve, or dis-
approve wall and fencing plans including location,
height and materials in all zones requiring design
review.
B. The basic design review guidelines for the
review of fences and walls are as follows:
1. Fences and walls separating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to acoustically isolate part
of or all noise emitted by future uses within the
commercial, industrial, offices, or institutional zones.
The degree of acoustical isolation shall be deter-
mined during the design review process.
2. Fences and walls separating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to ensure visual privacy for
adjoining residential dwelling units. The degree of
visual privacy shall be determined during the review
process.
3. Fences and walls shall be designed in a man-
ner to provide for sight visibility at private and
public street intersections. (Ord. 1630 (part), 1993;
Ord. 686 (part), 1975)
(Cupertino 5-98) 4[}6
16.28.040
16.28.040 Fence location and height for
zones not requiring site review.
A. In the case of an interior residential lot, a
maximum six-foot-high fence shall be permitted in
the rear yard setback area and in the side yard set-
back areas. A maximum three-foot-high fence, mea-
sured from finish grade, shall be permitted in the
front yard setback area.
B. In the case of a comer residential lot, a maxi-
mum six-foot-high fence shall be permitted in the
required rear yard setback area and on the side yard
lines, excepting that fence heights within the side
yard setback area adjacent to a public street shall be
regulated as described below. No portion of a fence
shall extend into the front yard setback area or
forty-foot comer triangle.
1. Situation in which the rear property line ad-
joins arear property line: The minimum side fence
setback line for asix-foot-high fence shall be five
feet from the property line.
2. Situation in which the rear property line ad-
joins the side property line of a key lot: The mini-
mum side fence setback line shall be five feet from
the property line, except that the setback line within
ten feet of an adjacent side property line shall be
maintained at twelve feet.
3. A fence not exceeding three feet in height
measured from finish grade can be constructed on
any location within a required yard except the forty-
foot comer triangle.
C. Where asix-foot fence is allowed, and eight-
foot high fence can be constructed in lieu thereof
subject to building permit approval and upon receipt
of written approval from property owners sharing
the common fence.
D. In the case of parcels zoned residential hill-
side (RHS) or open space (OS), the fences shall be
governed by Section 19.40.080. (Ord. 1777 (part),
1998; Ord. 1637 (part), 1993; Ord. 852, 1978; Ord.
686 (part), 1975)
16.28.050 Proximity of plants and fences to
public streets.
The proximity of plants and fences to public
streets shall be controlled by the provisions of Chap-
ter 14.08 of the Municipal Code. (Ord. 686 (part),
1975)
16.28.060 Exceptions.
Where practical difficulties, unnecessary hard-
ships, or results inconsistent with the purpose and
intent of this chapter result from the strict applica-
tion of the provisions hereof, exceptions may be
granted as provided in this section.
A. Application and Fee. Application shall be
made in writing to the Planning Commission on a
form prescribed by the Director of Planning and
Development. The application shall be accompanied
by a fee as provided in the most recent city council
resolution regarding such fees and charges.
B. Public Hearings. Upon receipt of an applica-
tion for exception, the Director of Planning shall set
a time and place for a public hearing before the
Planning Commission and order the public notice
thereof. The notice of public hearing shall be pub-
lished at least once in a newspaper of general circu-
lation in the City at least ten days before the first of
the hearings. In addition, individual notices shall be
mailed to all persons owning real property located
within three hundred feet of the property(ies) in-
volved in the application. When the property within
three hundred feet of the property(ies) involved in
the application is occupied by other than the proper-
ty owner, a notice of the public hearing shall be sent
to the occupant of the dwelling. If the dwelling is
a structure with more than four dwelling units,
notice to the occupant shall be given by sending one
notice to the manager of the multiple unit dwelling.
The instructions for the mailing of public notices
shall be specified on the appropriate application
form. The primary form of notification is by publi-
cation in a newspaper of general circulation in the
City. Minor discrepancies in the certified mailing
list provided by an applicant or the City, in case of
a City-initiated application, shall not constitute an
invalid notice of public hearing.
The Planning Commission shall hold a public
hearing at which time the Commission may grant
the exception based upon the following fmdings:
X1.47 (CupeKino 5-98)
16.28.060
1. The literal enforcement of the provisions of
this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter.
2. The granting of the exception will not result
in a condition which is materially detrimental to the
public health, safety or welfare.
3. The exception to be granted is one that will
require the least modification of the prescribed
regulation and the minimum variance that will ac-
complish the purpose.
4. The proposed exception will not result in a
hazazdous condition for pedestrian and vehiculaz
traffic.
After closing the public hearing, the Planning
Commission may approve, conditionally approve or
deny the application for exception.
C. Appeals. Any application for exception which
received final approval or disapproval by the Plan-
ning Commission may be appealed to the City
Council as provided by Section 8 of Ordinance 652.
(Ord. 1777 (part), 1998; Ord. 686 (part), 1975)
16.28.065 Temporary fences for
construction.
The Chief Building Official may require persons
constructing structures in the City to erect and main-
tain temporary fences around all or a portion of the
construction site in order to secure the site from
entry by the general public. (Ord. 1777 (part), 1998)
16.28.070 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. 1179 § 2 (part), 1982: Ord. 686
(part), 1975)
(Cupertino 5-98) ~8
16.32.010
Chapter 16.32
SWIMMING POOLS*
Sections:
16.32.010 Purpose.
16.32.020 Definitions.
16.32.030 Scope and application.
16.32.040 Safety requirements.
16.32.050 New construction requirements.
16.32.060 Enforcement authority.
16.32.070 Permit-Required.
16.32.071 Application for permit.
16.32.072 Cost of permit.
16.32.073 Schedule of fees.
16.32.080 Violation-Penalty.
16.32.090 Correction of errors.
16.32.100 Expiration of permit.
* Prior ordinance history: Ord. 139.
16.32.010 Purpose.
The purpose of this chapter is to provide for the
protection of the public health, welfare and safety
by prescribing minimum standards for the design,
construction or installation, repair or alterations of
swimming pools or other pools of water, public or
private, and equipment related thereto; requiring a
permit and inspection therefor, providing for the
administration and enforcement set forth herein;
providing for the qualification and registration of
persons engaged in the business of swimming pool
installation or alterations or equipment related there-
to; and prescribing for penalties for violation there-
of. (Ord. 1620 (part), 1993: Ord. 624 (part), 1974)
16.32.020 Definitions.
A. For the purposes of this chapter, the follow-
ing definitions apply:
1. "Approved" means accepted or acceptable
under an applicable specification stated or cited in
this chapter, or accepted as suitable for the proposed
use under procedures and power of the Administra-
tive Authority.
2. "Approved testing agency" means an organi-
zation primarily established for the purpose of test-
ing to approved standazds and approved by the
Administrative Authority.
3. "Administrative Authority" is the individual
official, board, department, or agency established
and authorized by a State, County, City or other
political subdivision created by law to administer
and enforce the provisions of the swimming pool
code as adopted or amended.
4. "Backwash piping." See "Filter waste dis-
chazge piping."
5. "Body feed" means filter aid fed into a diato-
mite-type filter throughout the filtering cycle.
6. "Cartridge filter" means a filter using car-
tridge type filter elements.
7. "Chemical piping" means piping which con-
veys concentrated chemical solutions from a feeding
apparatus to the circulation piping.
8. "Circulation piping system" means the piping
between the pool structure and the mechanical
equipment. Circulation piping system usually in-
cludes suction piping, face piping and return piping.
9. "Combination valve" means a multipart valve
intended to perform more than one function.
10. "Design head" means the total head require-
ment of the circulation system at the design rate of
flow.
11. "Diatomite" (Diatomaceous earth) means a
type of filter aid.
12. "Diatomite type filter" means a filter designed
to be used with filter aid.
13. "Face piping" means the piping, with all
valves and fittings, which is used to connect the
filter system together as a unit.
14. "Filter" means any appazatus by which water
is clarified.
15. "Filter aid" means a nonpermanent type of
filter media or aid such as diatomite, alum, etc.
16. "Filter cartridge" means a disposable or re-
newable filter element which generally employs no
filter aid.
17. "Filter element" means that part of a filter
which retains the filter media.
[4[18_1 (Cupertino 5-98)
16.32.071
11. The rated capacity of the pool pump in gal-
lons per minute at the design head with the size and
type of motor indicated and identified as
self-priming or straight centrifugal;
12. Means of adding make up water;
13. Show size, length from source to heater and
routing of gas line. All underground gas piping shall
have an approved wrap and be buried a minimum
of twelve inches unless protected by concrete walks
or decks;
14. Show location of any overhead electrical
service drops. The required cleazance of overhead
electrical service wires shall conform to the current
National Electrical Code, as adopted by the City;
15. Pool contractor shall provide information on
pool excavator, City of Cupertino shall provide
forms. See Appendix A.
C. Engineering Requirements for All Pools.
1. Plans are required showing structural steel
design and layout supported by calculations. The
design shall comply with the current Uniform Build-
ing Code, as adopted by the City. Plans and calcula-
tions shall be signed by the engineer of record.
2. The engineer of record shall indicate ac-
knowledgment ofsite and soil conditions for hillside
pool installations.
E. Ground Fault Interrupters. Electric power
extended to reaz yazd or new added receptacle out-
lets for storable or portable pools shall be placed on
an electrical circuit protected by a ground fault
interrupter to conform with the current adopted
National Electrical Code of the City.
F. Bonding. All provisions forbonding of metal-
lic equipment, pool lighting, miscellaneous valves,
piping, diving boards, slides, ladders, railings shall
be clamped, brazed or welded to pool reinforcing.
G. If the Administrative Authority determines
that the plans, specifications, drawings, descriptions
or information famished by the applicant is in com-
pliance with this chapter, he shall issue the permit
applied for upon payment of the required fee as
hereinafter fixed.
The above requirements shall not void any re-
quirements by any other department or agency hav-
ing jurisdiction. (Ord. 1620 (part), 1993: Ord. 624
(part), 1974)
16.32.072 Cost of permit.
A. Every applicant for a permit to install, alter
or repair a pool system or part thereof shall state in
writing on the application form provided for that
purpose the character of work proposed to be done
and the amount and kind in connection therewith,
together with such information pertinent thereto as
may be required.
B. Such applicant shall pay for each permit
issued a fee in accordance with the schedule referred
to in Section 16.32.072 and at the rate provided for
each classification shown therein. A plan check fee
shall be paid upon presentation of plans for plan
checking.
C. Any person who commences any pool work
for which a permit is required by this chapter with-
out first having obtained a permit therefor shall, if
subsequently permitted to obtain a permit, pay dou-
ble the permit fee fixed by Section 16.32.072 for
such work; provided however, that this provision
shall not apply to emergency work when it is dem-
onstrated to the satisfaction of the Administrative
Authority that such work was urgently necessary
and that it was not practical to obtain a permit there-
for before the commencement of the work. In all
such cases, a permit must be obtained as soon as it
is practical to do so, and if there is an unreasonable
delay in obtaining such permit, a double fee as
herein provided shall be charged. (Ord. 1620 (part),
1993: Ord. 624 (part), 1974)
16.32.073 Schedule of fees.
Fees shall be based on valuation and conform to
the schedule as listed under the current Uniform
Building Code, and in addition, one-half the permit
will be chazged for a plan check.
A. All Work to Be Inspected. All pool installa-
tions or alterations thereto including equipment,
piping and appliances related thereto shall be in-
spected by the Administrative Authority to insure
compliance with the requirements of this chapter.
•455 (Cupertino 5-98)
16.32.073
B. Called Inspections. It shall be the duty of the
person doing the work authorized by the permit to
notify the Administrative Authority that said work
is ready for inspection. Such notification shall be
given not less than twenty-four hours before the
work is to be inspected. The Administrative Author-
ity may waive the requirement of written notice.
1. Pregunite inspection is required when all steel
is in place, piping from the pool area is in with
pressure test, all steel and related attachments are
properly bonded and underwater light housing is
installed;
2. An inspection is required for all conduit and
gas piping under slabs before decks are poured;
3. Final inspection is required after all equip-
ment is in place and operating, the pool is filled
with water and all fences and gates are installed;
4. A reinspection fee of five dollars per inspec-
tion will be charged for each inspection over two
where the work is not ready or corrections have not
been completed;
5. The owner shall arrange with the Building
Department for inspectors to enter the property to
make necessary inspections in connection with the
pool. (Ord. 1620 (part), 1993: Ord. 624 (part), 1974)
16.32.080 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. 1777 (part), 1998: Ord. 1620
(part), 1993: Ord. 1179 § 2 (part), 1982; Ord. 624
(part), 1974)
16.32.090 Correction of errors.
The issuance of a permit upon plans and specifi-
cations shall not prevent the Administrative Authori-
ty from thereafter requiring the correction of errors
in such plans and specifications or from preventing
construction operations being carried on thereunder
when in violation of this chapter or of any other
ordinance or from revoking any certificate of ap-
proval when issued in error. (Ord. 1777 (part),
1998)
16.32.100 Expiration of permit.
Every permit issued by the Administrative Au-
thority under the provisions of this chapter shall
expire by limitation and becomes null and void if
the work authorized by such permit is not com-
menced within sixty days from the date of such
permit, or if the work authorized by such permit is
suspended or abandoned at any time after the work
is commenced for a period of sixty days. Before
such work can be recommenced, a new permit shall
be first obtained. (Ord. 1777 (part), 1998)
(Cupertino 5-98) 456
16.36.010
Chapter 16.36
MOVING BUILDINGS
Sections:
16.36.010 Definitions.
16.36.020 Permit-Required.
16.36.030 Permit-Application.
16.36.040 Moving notice.
16.36.050 Permit-Issuance-Hearing.
16.36.055 Permit-Fees.
16.36.060 Permit-Bond.
16.36.070 Permit-Conditions.
16.36.080 Contiguous land.
16.36.090 Metal tires prohibited.
16.36.100 Roller restrictions.
16.36.110 Truck requirements.
16.36.120 Person in charge-Duties.
16.36.130 Violation-Penalty.
16.36.010 Definitions.
For the purposes of this chapter the following
terms, phrases, words, and their derivations shall
have the meaning given herein. When not inconsis-
tent with the context, words used in the present
tense include the future, words in the plural number
include the singulaz number and words in the singu-
laz number include the plural number. The word
"shall" is always mandatory and not merely directo-
ry.
A. "Building" means a structure designated, built
or occupied as a shelter or roofed enclosure for
persons, animals or property and used for residen-
tial, business, mercantile, storage, commercial, in-
dustrial, institutional, assembly, educational or recre-
ational purposes. A structure containing less than
one hundred square feet of floor space shall not fall
within this definition;
B. "Building Inspector" means the Building
Inspector of the City;
C. "City" means the City of Cupertino;
D. "Person" means any person, firm, partnership,
association, corporation, company or organization of
any kind. (Ord. 82 § 1, 1959)
16.36.020 Permit-Required.
No person shall move any building over, along
or across any highway, street or alley in the City
without first obtaining a permit from the Building
Inspector. (Ord. 82 § 2, 1959)
16.36.030 Permit-Application.
A person seeking issuance of a permit hereunder
shall file an application for such permit with the
Building Inspector:
A. Form. The application shall be made in writ-
ing, upon forms provided by the Building Inspector,
and shall be filed in the office of the Building In-
spector;
B. Contents. The application shall set forth:
1. A description of the building proposed to be
moved, giving street number, construction materials,
dimensions, number of rooms and condition of
exterior and interior,
2. A legal description of the lot from which the
building is to be moved, giving the lot, block and
tract number, if located in the City,
3. A legal description of the lot to which it is
proposed such building be removed, giving lot,
block and tract number, if located in the City,
4. The portion of the lot to be occupied by the
building when moved,
5. The highways, streets and alleys over, along
or across which the building is proposed to be
moved,
6. Proposed moving date and hours,
7. Any additional information which the Build-
ing Inspector shall find necessary to a fair determi-
nation of whether a permit should issue;
C. Accompanying Papers.
1. Tax Certificate. The owner of the building to
be moved shall file with the application sufficient
evidence that the building and lot from which it is
to be removed are free of any entanglements and
that all taxes and any City charges against the same
are paid in full,
2. Certificate of Ownership or Entitlement. The
applicant, if other than the owner, shall file with the
application a written statement or bill of sale signed
by the owner, or other sufficient evidence, that he
.~57 (Cupertino 5-98)
16.36.030
is entitled to move the building. (Ord. 1777 (part),
1998; Ord. 82 § 3, 1959)
16.36.040 Moving notice.
Upon receiving an application to move an old or
previously occupied building, the Building Inspector
shall cause a notice to be posted on the front and
reaz of the proposed location and on the front of the
building proposed to be moved.
Such notice shall have a title in letters not less
than one inch in height, "MOVING NOTICE"; shall
give the location of the house by street and number
and the name and address of the applicant desiring
a permit to move such building. (Ord. 82 § 4, 1959)
16.36.050 Permit-Issuance-Hearing.
After the above described notices have been in
place seventy-two hours, excluding Sundays and
holidays, and no written protests have been received,
the Building Inspector shall issue the permit subject
to all the provisions of this chapter. If any written
protests are filed with the Building Inspector, he
shall set a time for a hearing before the City Coun-
cil, said time to be not sooner than three days nor
later than twenty days from the date of the filing of
the protest. The Building Inspector shall notify the
City Council and the other interested parties of the
hour set for such hearing. No permit shall issue
unless the City Council shall deny the protest. (Ord.
82 § 5, 1959)
16.36.055 Permit-Fees.
No permit shall be issued to any person unless
there is on deposit with the City Clerk all required
fees and chazges as provided by the most recent
City Council resolution, together with the cost of the
service rendered by any employee of the City or by
any company or corporation in protecting, trimming,
or cutting trees or removing and replacing wires or
poles; and such sums as will be necessary to cover
any damage done to the property of any person
along the route of the removal. Any dispute between
the holder of a permit and the City as to the cost of
any service rendered by any person or the amount
of damage done to the property of any person shall
be referred to the Chief Building Official whose
decision shall be final. (Ord. 1777 (part), 1998)
16.36.060 Permit-Bond.
In addition to the conditions under which a per-
mit may be issued as specified in this chapter, the
Council may, in all cases where a protest in writing
has been received, require an applicant to make such
improvements and repairs to the building sought to
be removed as in the opinion of the Council are
warranted, and require said applicant to post a sure-
ty bond or cash with the City Clerk as security for
the faithful performance by the applicant of all
repairs and improvements which the Council orders
made as a condition to the granting of such permit.
(Ord. 82 § 6, 1959)
16.36.070 Permit-Conditions.
Any permit issued under this chapter shall be
subject to the following conditions:
A. Certificates. No permit shall be issued unless
there is first filed a certificate of inspection signed
by the Building Inspector certifying that he exam-
ined the building and that it is structurally strong;
and unless there is also filed a certificate certifying
that the removal of said building on the route pro-
posed will not result in damage of or destruction to
trees;
B. Locations Outside City. No permit shall be
issued to move a building through the City from one
location outside the City to another location outside
the City unless the proposed route to be followed
within the City shall be approved by the Building
Inspector,
C. Location Within City from Outside. No per-
mit shall be issued to move a building from a loca-
tion outside the City to a location inside the City
unless the building has been inspected and ap-
proved, and the route to be followed has been ap-
proved by the Building Inspector. Inspection fees
shall be paid by the applicant in accordance with the
requirements of City ordinances regulating building,
electrical, plumbing and gas installations. The lot
upon which such building is to be moved shall be
(Cupertino 5-98) 458
16.36.070
posted as required for buildings to be moved within
the City;
D. Accessory Building. An accessory building,
not over four hundred square feet in area, may be
moved in conjunction with the moving of a resi-
dence from the same location to the same location
without paying an additional fee. (Ord. 1777 (part),
1998; Ord. 82 § 7, 1959)
16.36.080 Contiguous land.
Notwithstanding the provisions of Section
16.36.070C and D, an existing building may be
moved from land contiguous to the City, to land
within the City, in all cases where the owner of said
contiguous land has taken such steps as the Council
may require in order to annex said contiguous land
to the City. (Ord. 82 § 8, 1959)
16.36.090 Metal tires prohibited.
No building shall be moved upon any truck hav-
ing metal tires. (Ord. 82 § 9, 1959)
16.36.100 Roller restrictions.
No building shall be moved upon rollers unless
planks are placed under the rollers of such width
and in such manner as to protect the surface of the
street from damage. (Ord. 82 § 10, 1959)
16.36.110 Truck requirements.
No building shall be moved unless moved on
rollers or upon a truck having wheels equipped with
pneumatic, or solid rubber tires. (Ord. 82 § 11,
1959)
16.36.120 Person in charge-Duties.
Every person in charge of the moving of any
building on or over the streets of the City shall:
A. Notify the Fire Department within one-half
hour after sunset of the location of the building and
the route over which the building is to be moved
during the night;
B. Give twenty-four hours written notice to any
person responsible for trimming trees, removing
wires or the doing of other things necessary to per-
mit the moving of the building over the route desig-
nated;
C. Maintain red lights at each corner of the
building from one-half hour after sunset till one-half
hour before sunrise;
D. Carry insurance to cover accidents or damage
to persons and property or furnish bond therefor
satisfactory to the Building Inspector,
E. Notify the Sheriff's office of the time of
moving and the route over which the building is to
be moved. (Ord. 82 § 12, 1959)
16.36.130 Violation-Penalty.
Any person, firm or corporation who shall violate
any provision of this chapter shall be guilty of a
misdemeanor, and upon conviction thereof shall be
punished as provided in Chapter 1.12. (Ord. 82 §
13, 1959)
459 (Cupertino 5-98)
Chapter 16.40
FIRE CODE
Sections:
16.40.010 Adoption of the Uniform Fire
Code.
16.40.020 Administration.
16.40.030 Final inspection.
16.40.040 Training.
16.40.050 Fire protection systems.
16.40.060 Institutional.
16.40.070 Permit fees.
16.40.080 Permit amounts for compressed
gases.
16.40.090 Hazardous materials business
plan.
16.40.100 Moderately toxic gas.
16.40.110 Storage facility.
16.40.120 Type of water supply.
16.40.130 Tool caches.
16.40.140 Valves below grade.
16.40.150 Required installations.
16.40.160 Standpipe required systems.
16.40.170 Monitoring of fire
extinguishing systems.
16.40.180 Flaming foods and beverages.
16.40.190 Canned heating devices.
16.40.200 Use, storage and handling of
compressed natural gas.
16.40.210 Carts used for food
preparation.
16.40.220 Portable deep fat fryers.
16.40.230 Nozzles.
16.40.240 Storage limits.
16.40.250 Scope.
16.40.260 Securing compressed gas
containers, cylinders and tanks.
16.40.270 Limits established by law.
16.40.280 General.
16.40.290 General.
16.40.300 General.
16.40.310 Plans for flammable liquid
storage.
16.40.320 Locations where above ground
tanks are prohibited.
16.40.330 General.
16.40.340 General safety.
16.40.350 Limited application.
16.40.360 Hazardous materials
management plan.
16.40.370 Reduced flow orifices.
16.40.380 Design and construction.
16.40.390 Additional regulations for
supply piping for health hazard
materials.
16.40.400 Notification.
16.40.410 Identification signs.
16.40.420 Annual maintenance.
16.40.430 Separation of incompatible
hazardous materials.
16.40.440 Facility transport.
16.40.450 Transport safety.
16.40.460 Height.
16.40.470 Containment requirements.
16.40.480 Highly toxic and toxic gases.
16.40.490 Indoor storage.
16.40.500 Outdoor storage.
16.40.510 Indoor use.
16.40.520 Outdoor use.
16.40.530 Seismic shut-off valve.
16.40.540 Fire extinguishing systems.
16.40.550 Automatic shut-off valve.
16.40.560 Emergency control station.
16.40.570 Local gas shut-off.
16.40.580 Inert gas purge system.
16.40590 Maximum threshold quantity.
16.40.600 Moderately toxic gases
including those used as
refrigerants.
16.40.610 Indoor storage.
16.40.620 Ventilation.
16.40.630 Treatment systems.
16.40.640 Gas detection.
16.40.650 Outdoor storage.
16.40.660 Canopies.
16.40.670 Piping and controls.
16.40.680 Leaking cylinders.
(Cupertino 5-98) 460
16.40.010
16.40.690 Local exhaust for leaking
portable tanks.
16.40.700 Indoor use.
16.40.710 Inert gas purge system.
16.40.720 Outdoor use.
16.40.730 Ventilation.
16.40.740 Treatment systems.
16.40.750 Moderately toxic gases with a
lc 50 equal to or less than
three thousand parts per
million.
16.40.760 Maximum threshold quantity.
16.40.770 General.
16.40.780 Secondary containment.
16.40.790 General.
16.40.800 Ventilated area.
16.40.810 Emergency power.
16.40.820 General.
16.40.830 Distance limitation to
exposures.
16.40.840 Cylinder leak testing.
16.40.850 Excess flow control.
16.40.860 Applicability.
16.40.870 Emergency alarm.
16.40.880 Permits and plans.
16.40.890 Established limits.
16.40.900 Firebreak vegetation.
16.40.910 Roof coverings.
16.40.920 Distribution of fire hydrants.
16.40.930 Violations-Penalties.
16.40.950 Abatement of hazard.
deleted, modified or amended by this chapter, of
which one copy has been filed for use and examina-
tion by the public in the office of the building de-
partment and the same adopted and incorporated as
fully as if set out at length in this chapter, and from
the date on which the ordinance codified in this
chapter shall take effect, the provision thereof shall
be controlling within the limits of the City. (Ord.
1711 Exh. A (part), 1995)
16.40.020 Administration.
Section 101.3.1 is added to read as follows:
1013.1 Administration. The City Manager,
through the powers vested by the City Council,
shall have the authority to delegate any and all
responsibility for the maintenance and enforce-
ment of the provisions of this Code to whichever
legal entity he feels best serves the interests of
the City.
Wherever the words "Chief," "Fire Marshal,"
"Fire Department," "Fire Prevention Bureau,"
"Fire Chief," and other such similaz words are
used, they shall mean and refer to such legal
entity designated by the City Manager of Cuperti-
no under the authority of the City Council of
Cupertino.
Wherever the words "municipality," " jurisdic-
tion," or "city" are used, they shall mean the City
of Cupertino.
16.40.010 Adoption of the Uniform Fire
Code.
There is adopted by the City for the purpose of
prescribing regulations governing conditions hazard-
ous to life and property from fire or explosion, that
certain code known as the Uniform Fire Code and
also the California Fire Code, including Appendix
Chapters I-C, II-A, II-B, II-C, II-D, II-F, II-I, III-A,
III-B, III-D, IV-A, IV-B, V-A, VI-A, VI-B, and the
Uniform Fire Code Standards as published by the
International Fire Code Institute, being particulazly
the 1994 Editions thereof and the whole thereof,
save and except such portions as are hereinafter
Wherever the words "Executive Body" are
used, they shall mean the City Council of Cuper-
tino.
Wherever the words "Administrator" or "Ex-
ecutive" aze used, they shall mean the City Man-
ager of Cupertino.
Wherever the words "District Attomey" or
"Corporation Counsel" are used, they shall mean
the City Attomey of Cupertino.
461 (Cupertino 5-98)
16.40.020
Wherever the words "Board of Appeal" are
used, they shall mean the City Council of Cuper-
tino or the body appointed by the Council to pass
on matters pertaining to fire safety.
(Ord. 1711 Exh. A (part), 1995)
16.40.030 Final inspection.
Section 103.3.2.3 is added to read as follows:
1033.23 Final Inspection. No final inspec-
tion as to all or any portion of a development
shall be deemed completed until the installation
of the required facilities and access ways have
been completed and approved. No final certificate
of occupancy may be granted until the Fire Dis-
trict issues notice of final clearance to the Build-
ing Deparr<nent.
(Ord. 1711 Exh. A (part), 1995)
16.40.040 Training.
Section 103.3.2.4 is added to read as follows:
1033.2.4 Training. When required by the
Chief, newly constructed buildings shall be made
available to the Fire District for familiarization
training operations prior to occupancy. Addition-
ally, instruction/operations manuals and orienta-
tion presentations shall be provided by the build-
ing owner when required by the Chief. This
training shall not delay the occupancy of the
building. (Ord. 1711 Exh. A (part), 1995)
f.6 Fire protection systems. A permit shall
be required to install, alter or change unless oth-
erwise herein noted any fire hydrant system, fire
extinguishing system or fire alarm system which
was previously required by permit.
(Ord. 1711 Exh. A (part), 1995)
16.40.060 Institutional.
Section 105.8 i.l is added to read as follows:
i.l Institutional.
Section 105.8 i.l is added to read as follows:
i.l Institutional. It shall be unlawful to oper-
ate, maintain, or use any institution until all State
and local laws and regulations governing safety
from fire and panic have been satisfactorily com-
plied with and a permit from the Chief has been
obtained for that occupancy. (For the purpose of
this Section, an institution shall be, but is not
limited to: hospital children's home, home or
institution for insane or mentally retarded per-
sons, home or institution for the care of aged or
senile persons, sanitarium, nursing or convales-
cent home, certified family care homes, residen-
tial care homes for the elderly, out of home
placement facilities, halfway house, and day care
nurseries or similar facility of any capacity.)
(Ord. 1711 Exh. A (part), 1995)
16.40.070 Permit fees.
Section 105.9 is added to read as follows:
16.40.050 Fire protection systems.
Section 105.8 f.6 is added to read as follows:
One-Time Fee
105.9 Permit Fees. Fees shall be paid to
Central Fire District as follows:
1. Permits for fire hydrant systems, fire extinguishing systems, fire alarm sys-
tems shall be charged as outlined in Chapter 3 of the Uniform Building
Code
Second and additional reinspections $30.00 each
2. Job site consultation as determined by the Fire Chief $50.00 Man
Hour/1 Hour
Minimum
(Cupertino 5-98) 462
16.40.070
Yearly Fees
3. Institutional rmits
A. Over 50 rsons $100.00
B. More than 6 rsons $75.00
4. Da Care Facilities
Seven or More $35.00
5. Places of Assembl
A. 50-300 rsons $50.00
B. Over 300 rsons $85.00
C. Tents in excess of 300 sq. ft (or for each permit) $85.00
(Ord. 1777 (part), 1998; Ord. 1711 Exh. A (part), 1995)
16.40.080 Permit amounts for compressed 16.40.090 Hazardous materials business
gases. plan.
Table 105-A is amended as follows: Sec. 209-H is added to read as follows:
UFC TABLE 105 - A
Permit Amounts For Compressed Gases*
Type of Gas Amount (cubic feet) x
0.0283 for M3
Corrosive 200
Flammable (except cryo-
genic and liquefied petro-
leum aces) 200
Hi hl Tonic an amount
Inert and simple asphyxiant 6,000
Irritant 200
Moderately Tonic 20
Other Health Hazards 650
Oxidizing (including ozy-
en) 504
Pyrophoric any amount
Radioactive any amount
Sensitizer 200
Tonic an amount
Unstable (reactive) any amount
* See Articles 74, 80 and 82 for additional requirements
and exceptions.
209-H HAZARDOUS MATERIALS BUSI-
NESS PLAN is a written plan containing General
Information, Emergency Response Plan, Training
Plan, Inventory Statement, and Site Plan. Each
section shall be in such for and detail as required
by the chief shall contain at a minimum the infor-
mation required pursuant to section 25500 et. seq.
of the Health and Safety Code.
(Ord. 1711 Exh. A (part), 1995)
16.40.100 Moderately toxic gas.
Section 214-M is added to read as follows:
214-M MODERATELY TOXIC GAS is a
gas that has a median lethal concentration (LC50)
in air of more than 2,000 parts per million but
not more than 7,500 parts per million by volume
of gas or vapor when administered by continuous
inhalation for one hour, or less if death occurs
within one hour, to albino rats weighing between
200 and 300 grams each.
(Ord. 1711 Exh. A (part), 1995)
(Ord. 1711 Exh. A (part), 1995)
463 (Cupertino 5-98)
16.40.110
16.40.110 Storage facility.
Section 220-S is added to read as follows:
16.40.130 Tool caches.
Section 1001.11 is added to read as follows:
220-S STORAGE FACILITY is any one or
combination of tanks, sumps, wet floors, waste
treatment facilities, pipes, vaults or other portable
or fixed containers, used, or designed to be used,
for the storage of hazardous materials.
(Ord. 1711 Exh. A (part), 1995)
16.40.120 Type of water supply.
Section 903.3 is amended to read as follows:
9033 Type of Water Supply. Water supply
is allowed to consist of reservoirs, pressure tanks,
elevated tanks, water mains or other fixed sys-
tems capable of providing the required fire flow.
In setting the requirements for fire flow, compli-
ance with Appendix III-A of this code shall be
deemed adequate, except for the following:
1. Buildings in excess of two (2) stories in
height or 35 ft. in height, or that require a fire
flow in excess of 2,000 gallons per minute shall
be equipped throughout with an approved auto-
matic fire sprinkler system.
2. Where water supplies available for fire
protection do not meet the requirements of Ap-
pendix III-A, an approved (approved refers to
approval by the Fire Chief) automatic sprinkler
system installed throughout the building will be
an acceptable alternate means of protection pro-
vided that a sprinkler system is not otherwise
required by the Fire or Building Code.
(Ord. 1711 Exh. A (part), 1995)
1001.11 Tool Caches. Rooms containing fire
fighting equipment are required for all new build-
ings having floors used for human occupancy
located more than 75 feet above the lowest level
of fire department vehicle access. Such rooms
shall be located as required by the Chief. The
costs associated with the construction of the room
and all original equipment costs are to be paid by
the building owner.
(Ord. 1711 Exh. A (part), 1995)
16.40.140 Valves below grade.
Section 1003.1.4. is added to read as follows:
1003.1.4 Valves below grade. Valves for
water type fire protection systems, when installed
below grade, shall be installed in an approved
box or vault.
(Ord. 1711 Exh. A (part), 1995)
16.40.150 Required installations.
Section 1004.6 is added to read as follows:
1004.6 Required installations. When, in the
opinion of the Chief, an unusual condition or
hazard exists, hose connections may be required
and may be provided as outlined in Section 4-
5.21 of N.F.P.A. #13, 1994 Edition.
(Ord. 1711 Exh. A (part), 1995)
16.40.160 Standpipe required systems.
Table 1004-A is amended as follows:
Table 1004-A-Standpipe required systems
Occupancy Nonsprinklered Building' Sprinklered Buildingz'
x 304.8 for mm x 0.0929 for m~ Standpipe Class Hose Requirement Standpipe Class Hose Requirement
1. Occupancies exceeding 150 ft. in height III Yes I No
and more than one story
2. Occupancies 4 stories or more but less [I and II°l 5 No
than 150 ft. in height, except Group R, (or II) Yes
Division 3'
(Cupertino 5-98) 464
16.40.810
80033.1.4 Emergency power. Emergency
power shall be provided for highly toxic and
toxic gases in amounts exceeding the exempt
amounts in lieu of standby power for:
1. Exhaust ventilation, including the power
supply for treatment systems.
2. Gas detection systems.
3. Emergency alarm systems.
4. Temperature control systems.
(Ord. 1711 Exh. A (part), 1995)
16.40.840 Cylinder leak testing.
Section 8003.3.3.3.1 is added to read as follows:
80033.33.1 Cylinder leak testing. Com-
pressed gas cylinders shall be inspected for leaks
immediately upon delivery and again immediately
prior to departure. Testing shall be approved by
the Chief in accordance with appropriate national-
ly recognized industry standards and practices, if
any. Appropriate remedial actions shall be imme-
diately undertaken when leaks are detected.
(Ord. 1711 Exh. A (part), 1995)
16.40.820 General.
Section 8003.3.2.1 is amended to read as follows
80033.2.1 General. Outdoor storage of high-
ly toxic or toxic compressed gases in amounts
exceeding exempt amounts set forth in Section
8001.13 shall be in accordance with Sections
8003.1, 8003.3.2, 8003.3.3 and 8001.14.6.
(Ord. 1711 Exh. A (part), 1995)
16.40.830 Distance limitation to exposures.
Section 8003.3.2.2.2 is amended to read as fol-
lows:
80033.2.2.2 Distance limitation to expo-
sures. Outdoor storage of moderately toxic, toxic
and highly toxic compressed gases shall not be
within 75 feet (22, 860 mm) of a building, prop-
erty line, street, alley, public way or exit to a
public way unless the storage is shielded by a
structure having a minimum fire resistive rating
of two hours and which interrupts the line of
sight between the storage and the exposure. The
shielding structure shall be at least five (5) feet
from any exposure. The shielding structure shall
not have more than two sides at approximately
90-degree directions, or three sides with connect-
ing angles of approximately 135 degrees.
(Ord. 1711 Exh. A (part), 1995)
16.40.850 Excess flow control.
Section 8003.3.3.4.1 is added to read as follows:
800333.4.1 Excess flow control. Portable
tanks, and cylinders shall be provided with excess
flow control. Valves shall be permanently marked
to indicate the maximum design flow rate.
EXCEPTION: Moderately toxic gas.
(Ord. 1711 Exh. A (part), 1995)
16.40.860 Applicability.
Section 8004.1.1 is amended to read as follows:
8004.1.1 Applicability. Use, dispensing and
handling of hazardous materials where the aggre-
gate quantity is in excess of the exempt amount
set forth in Section 8001.13 shall be in accor-
dance with Sections 8001 and 8004.
Use dispensing and handling of hazardous
materials where the aggregate quantity does not
exceed the exempt amounts set forth in Section
8001.13 shall be in accordance with Section
8001. For flammable, oxidizing, pyrophoric,
toxic, and highly toxic gases, see also Section
8001.14.
(Ord. 1711 Exh. A (part), 1995)
16.40.870 Emergency alarm.
Section 8004.1.19 is added to read as follows:
X464-3
(CupeRino 5-98)
16.40.870
8004.1.19. Emergency alarm. See Section
8003.1.15.
(Ord. 1711 Exh. A (part), 1995)
16.40.880 Permits and plans.
Section 8202.1, third paragraph, is amended to
read as follows:
roofing of existing building shall comply with the
above except that any re-roofing of less than ten
percent (10%) of the total roof azea on any build-
ing shall be exempt from this requirement. Addi-
tions to existing buildings exceeding ten percent
(10%) of the total roof area shall comply with
this section.
(Ord. 1711 Exh. A (part), 1995)
8202.1 Permits and plans.
Where a single container is over 125 gallons
water capacity or the aggregate capacity of con-
tainers is over 125 gallon water capacity, the
installer shall submit plans for such installations.
(Ord. 1711 Exh. A (part), 1995)
16.40.920 Distribution of fire hydrants.
Section 5 of Appendix III-B is amended to read
as follows:
SECTION 5 -DISTRIBUTION OF FIRE
HYDRANTS
16.40.890 Established limits.
Section 8204.2.1 is added to read as follows:
8204.2.1 Established limits. The storage of
liquefied petroleum gasses is prohibited in heavi-
ly populated or congested commercial areas.
(Ord. 1711 Exh. A (part), 1995)
16.40.900 Firebreak vegetation.
Section 16.3 is added to Appendix II-A to read
as follows:
16.3 Firebreak Vegetation. When brush or
vegetation growth is removed and cleared away
to provide a firebreak as required by this section,
suitable growth which will not form a means of
rapidly transmitting fire shall be planted in such
a manner so as to reduce the possibility of ero-
sion.
(Ord. 1711 Exh. A (part), 1995)
16.40.910 Roof coverings.
Section 25 is added to Appendix II-A to read as
follows:
SECTION 25 -Roof Coverings. Roof cov-
erings on all buildings shall be fire-retardant, and
shall comply with the standards established for
Uniform Building Code Class A roofing. Re-
The average spacing between fue hydrants
shall not exceed that listed in Table A-III-B-1.
EXCEPTION: The maximum spacing of
hydrants in commercial areas shall be 250 feet.
Regazdless of the average spacing, fire hy-
drants shall be located such that all points on
streets and access roads adjacent to a building are
within the distances listed in Table A-III-B-1.
(Ord. 1711 Exh. A (part), 1995)
16.40.930 Violations-Penalties.
Any person operating or maintaining an occupan-
cy, premises or vehicle subject to this code who
allows a hazard to exist or who fails to take imme-
diate action to abate a hazard on such occupancy,
premises or vehicle when ordered or notified to do
so shall be guilty of a misdemeanor and upon con-
viction thereof shall be punished as provided in
Chapter 1.12 of this code. (Ord. 1777 (part), 1998:
Ord. 1711 Exh. A (part), 1995)
16.40.950 Abatement of hazard.
A. The maintenance of real property in violation
of this chapter or of any order of the fire district
pursuant thereto, is declared to be a public nuisance
and is subject to the abatement procedures of Chap-
ter 1.09 of the Ctipertino Municipal Code.
(Cupertino 5-98) 404...4
16.40.950
B. Notwithstanding subsection A of this section,
if real property is maintained in violation of this
code or any order of the fire district pursuant thereto
and such maintenance constitutes, in the opinion of
the Fire Chief, a fire hazard of such a nature that
immediate action is required to protect the public
health, safety and welfare, the fire district may take
all necessary and immediate steps to abate the haz-
ard without complying with the notice requirements
of Chapter 1.09 of this code.
C. The cost of any abatement as described in
subsections A or B of this section shall be collected
as provided in Section 1.09.110 et seq. of the Cu-
pertino Municipal Code. (Ord. 1777 (part), 1998;
Ord. 1711 Exh. A (part), 1995)
464-4a
(Cupertino 5-98)
16.42.010
Chapter 16.42
REGULATION OF FACILITIES WHERE
MATERIALS WHICH ARE OR MAY
BECOME TOXIC GASES ARE FOUND
Sections:
16.42.010 Application.
16.42.020 Definitions.
16.42.030 Regulations--Generally.
16.42.040 Criteria-Regulated materials.
16.42.050 General obligation.
16.42.060 Permits.
16.42.070 Compliance with chapter
required.
16.42.080 Closure-Plan required.
16.42.090 Seismic protection.
16.42.100 Security.
16.42.110 Breathing apparatus
requirements.
16.42.120 Incompatible materials.
16.42.130 Leakage testing.
16.42.140 Emergency response plans.
16.42.150 Emergency response team.
16.42.160 Emergency drills.
16.42.170 Safety control systems-Annual
testing.
16.42.180 Flow limited orifices.
16.42.190 Fire extinguishing systems.
16.42.200 Classification of materials.
16.42.210 Specific provisions.
16.42.220 Class I controls.
16.42.230 Class II controls.
16.42.240 Class III controls.
16.42.250 Minimum threshold quantity
controls.
16.42.260 Exterior storage.
16.42.270 Tank cars and piping.
16.42.290 Violation.
16.42.010 Application.
A. This chapter applies to all new and existing
facilities where regulated materials subject to this
chapter aze present in concentrations which exceed
the level of concern as determined in accordance
with this chapter.
B. It is intended that this chapter supplement,
and be used in conjunction with, other sections of
this chapter and with the Uniform Building Code,
1988 Edition.
C. In the event of conflicting or overlapping
regulatory provisions within this code, the Fire Code
and this chapter, the more stringent requirement
shall prevail.
D. )n the event of conflicting or overlapping
regulatory provisions with a federal law or state law
or regulation, uriless the applications of this chapter
is expressly preempted by an Act of Congress or
enactment of the State Legislature, the more strin-
gent requirement shall be deemed to apply. (Ord.
1525 § 1 (part), 1990)
16.42.020 Definitions.
A. General. Unless the context otherwise re-
quires, the words and phrases in this chapter shall
have the meanings set forth in this section and shall
govern the construction of this chapter. For words
and phrases not defined in this chapter, the defuu-
tions set forth in other chapters of the Uniform Fire
Code shall control.
B. Limited Applications. For the purpose of this
chapter, certain terms and words are defined as
follows:
1. "Controls" is defined as a means to regulate
materials so as to prevent unauthorized discharges.
2. "Control area" means a space within a build-
ing where regulated materials may be stored, han-
dled, dispensed or used. A control area is an area
formed by one or more of the following:
a. An occupancy separation with a minimum
one-hour fire resistive rating, or
b. The exterior wall, roof or foundation of the
building. A maximum of four control areas shall be
permitted within a building except buildings or
portions of buildings used for retail sales, which
shall have a maximum of two control azeas.
3. "Equilibrium vapor concentration (EVC)"
means the state of a regulated material at which
vapor pressure has stabilized and is no longer rising
(Cupertino 5-98) 464-4b
16.42.020
or falling. EVC value of a regulated material deter-
mined by multiplying vapor pressure (VP) by 106,
and dividing by atmospheric pressure; as shown in
the following equation: mm Hg; atmospheric pres-
sure is assumed to be seven hundred sixty mm at
sea level.
EVC (ppm) =Vapor Pressure x 106
Atmospheric Pressure (760)
Note: Vapor pressure for materials with a boiling
point equal to or less than 25°C shall be seven
hundred sixty mm Hg; materials with a boiling point
greater than 25°C shall use the actual vapor pressure
for that material at 25°C atmospheric pressure is
assumed to be seven hundred sixty mm at sea level.
4. "Facility" means any building, structure,
installation, equipment, pipe, container, site, area,
appurtenant structure or surrounding land area where
regulated materials are stored, used, dispensed,
handled, placed or otherwise have come to be locat-
ed.
5. "Fire Chief' means the Chief of the Central
Fire District of Santa Clara County.
6. "Fire Code" means the Uniform Fire Code
(UFC), as adopted or modified by this code.
7. "Gas" means an aerifonm fluid which is in a
gaseous state at normal temperature and pressure.
8. "Inert construction materials" means materials
which under reasonably foreseeable conditions will
not degrade or react upon contact with the regulated
materials to be contained.
9. "Lethal concentration (LCS~" means the
median lethal concentration level, at which fifty
percent of appropriate test animals die when ex-
posed by inhalation for a scientifically appropriate
specified time period.
10. "Lethal concentration low (LCLo)"means the
lowest concentration of a chemical at which some
test animals died following inhalation exposure.
11. "Lethal dose low (LDLo)" means the lowest
dose of a chemical at which some test animals died
following exposure.
12. "Lethal dose median (LDS" means the dose
at which fifty percent of test animals die following
exposure. The lethal dose is given ~in milligrams per
kilogram of body weight of the test animals.
13. "Level of concern (LOC)" means the maxi-
mum concentration of a substance in air that will
not cause serious health effects in the majority of
the population when exposed to the substance for a
relatively short period of time. For purposes of this
chapter, the LOC is equal to 0.1 of the 1DLH value,
as defined in Article 80 of the Fire Code, if the
particular substance has an established IDLH, or if
not, an estimated LOC value based on acute toxicity
data of O.OO1LCSO, O.1LCLo, O.OOILDLSO or
O.O1LDLo.
14. "Material hazard index (MHI)" means a nu-
mericvalue used for ranking of chemical substances
(materials) in order to determine the level of con-
trolsnecessary for regulated materials. MHI is deter-
mined by dividing the EVC of a material at 25 C by
the LOC for the material, as shown in the following
equation:
MHI =EVC (ppm) @ 25 C
LOC (ppm)
15. "Maximum threshold quantity (Max. T.Q.)"
means the maximum quantity of a Class II or Class
III regulated material which may be stored in a
single vessel before a stricter category of regulation
is required by this chapter. Max. T.Q. is determined
by the following equation:
Max. T.Q. (lbs) = 2.5 x 10
MHI
16. "Minimum threshold quantity (Min. T.Q.)"
means the aggregate quantity in a control
464-4c
(Gl~pertino 5-98)
16.42.250
G. Gas Detection for D.O.T. Poison A. A porta-
ble or fixed gas detection system capable of moni-
toring at PEL for each regulated material classified
as a D.O.T. Poison A stored or used within the
facility shall be provided. (Ord. 1525 § 1 (part),
1990)
16.42.260 Exterior storage.
A. General. Persons responsible for a facility
where there is exterior storage of any regulated
material shall comply with provisions of this section
and of the Uniform Building Code, Chapter 16.04
of this code.
B. Distance Limitations to Exposures. Exterior
storage of regulated materials shall not be within
seventy-five feet of a building, structure, property
line, street, alley, public way or exit to a public way
unless the structure is shielded by a structure which
has a minimum fire-resistive rating of two hours and
which interrupts the line of sight between the stor-
age and the exposure. The shielding structure shall
be at least five feet from any exposure. The shield-
ing structure shall have not more than two sides
which shall be at approximately ninety-degree direc-
tions.
C. Openings in Buildings Subject to Exposure.
When an exterior storage area is located within
seventy-five feet of a building, openings into the
building other than piping shall not be above the
height of the top of the shielding structure referred
to in subsection B of this section or within fifty feet
horizontally from the storage area, whether or not
protected by a shielding structure.
D. Air Intakes. No exterior storage area for
regulated matenials shall be within seventy-five feet
of any air intake.
E. Canopies. Portable tanks and cylinders stored
outside of buildings shall be stored under a canopy
constructed of noncombustible matenials. Such exte-
rior storage shall not be considered indoor storage.
An automatic fire sprinkler system, or alternative
systems as determined by the Fire Chief for materi-
als incompatible with water, shall be provided for
canopies installed for the storage of regulated mate-
rials.
F. Stationary Tank Controls. Controls on station-
ary tanks shall be in accordance with the following:
1. Pressure-relief devices shall be vented to a
treatment system designed in accordance with the
provisions of Section 16.42.250C.
2. Where filling or dispensing connections are
provided, they shall be provided with a means of
local exhaust. Such exhaust shall be designed to
capture fumes and vapors. The exhaust shall be
directed to a treatment system designed in accor-
dance with the provisions of Section 16.42.ZSOC.
3. Stationary tanks shall be provided with a
means of excess flow control on all tank inlet or
outlet connections. Inlet connections that are de-
signed to preclude backflow and pressure-relief
devices are exempt from this requirement.
G. Gas Cabinets for Leaking Cylinders.
1. At least one gas cabinet or exhausted enclo-
sure shall be provided for the handling of leaking
cylinders. The cabinet or enclosure shall be within
or adjacent to the exterior storage area and connect-
ed to a treatment system as specified in Section
16.42.250C.
2. A gas cabinet or exhausted enclosure need
not be provided for leaking cylinders if all cylinders
are stored within gas cabinets or exhausted enclo-
sures.
H. Local Exhaust for Leaking Portable Tanks.
1. A means of local exhaust shall be provided
to capture regulated material leaking from portable
tanks. The local exhaust may consist of portable
ducts or collection systems designed to be applied
to the site of a leak in a valve or fitting on the tank.
The local exhaust system shall be connected to a
treatment system as specified in Section 16.42.250C.
2. A local exhaust system shall be provided
within or immediately adjacent to every exterior
storage area; and within separate gas storage rooms
used for portable or stationary tanks. (Ord. 1525 §
1 (part), 1990)
165
(Cupertino 5-98)
16.42.270
16.42.270 Tank cars and piping.
A. The provisions of this chapter shall not apply
to tank cars which meet all requirements of the U.S.
Department of Transportation, while such tank cars
are used for the transportation and unloading of
regulated material, as such terms are used in the
Hazardous Materials Transportation Act, 49 U.S.C.
1801 et seq. "Unloading" does not include the use
of tank cars to store regulated materials.
B. The provisions of this chapter shall apply to
piping and control systems, automatic shutoff valve
emergency control stations, gas detection systems,
treatment systems and alarm systems used with
piping which connects tank cars to facilities for the
unloading and delivery of regulated material, and to
tank cars used to store regulated materials. (Ord.
1525 § 1 (part), 1990)
16.42.290 Violation.
Any person, firm or corporation violating the
provisions of this chapter shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be
punished as provided in Chapter 1.12. (Ord. 1525
§ 1 (part), 1990)
(Cupertino 5-98) 466
16.52.010
Chapter 16.52
PREVENTION OF FLOOD
DAMAGE
Sections:
16.52.010 Definitions.
16.52.011 Lands to which this chapter
applies.
16.52.012 Compliance.
16.52.013 Interpretation.
16.52.014 Warning and disclaimer of
liability.
16.52.016 Violation-Penalty.
16.52.020 Establishment of development
permit.
16.52.021 Designation of Director of
Planning and Community
Development.
16.52.030 Appeal Board.
16.52.035 Conditions for variance
issuance.
16.52.040 General standards.
16.52.041 Anchoring.
16.52.042 Construction materials and
methods.
16.52.043 Utilities.
16.52.044 Subdivision proposals.
16.52.050 Specific standards
(unnumbered A zones and
Zones Al-30}.
15.52.051 Residential construction.
16.52.052 Nonresidential construction.
1652.053 Manufactured homes.
16.52.054 Specific standards (zone AO).
16.52.055 Floodways.
16.52.010 Definitions.
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so
as to give them the meaning they have in common
usage and to give this chapter its most reasonable
application.
A. "Appeal" means a request for a review of the
Floodplain Administrator's interpretation of any
provisions of this chapter or a request fora vari-
ance.
B. "Area of shallow flooding" means a designat-
ed AO zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range from one to
three feet; a clearly defined channel does not exist;
the path of flooding is unpredictable and indetermi-
nate and velocity flow may be evident.
C. "Base flood" means the flood having a one
percent chance of being equaled or exceeded in any
given year (also called the "one-hundred-year
flood").
D. "Basement" means any area of the building
having its floor subgrade (below ground level) on
all sides.
E. "Breakaway walls" means any type of walls,
whether solid or lattice, and whether constructed of
concrete, masonry, wood, metal, plastic or any other
suitable building material, which are not part of the
stntctural support of the building and which are
designed to break away under abnormally high tides
or wave action without causing any damage to the
structural integrity of the building on which they are
used or any buildings to which they might be car-
ried by floodwaters. A breakaway wall shall have a
safe design loading resistance of not less than ten
and no more than twenty pounds per square foot.
Use of breakaway walls must be certified by a regis-
tered engineer or architect and shall meet the fol-
lowing conditions:
1. Breakaway wall collapse shall result from a
water load less than that which would occur during
the base flood; and
2. The elevated portion of the building shall not
incur any structural damage due to the effects of
wind and water loads acting simultaneously in the
event of the base flood.
F. "Development" means any marunade change
to improved or unimproved real estate, including but
not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or
drilling operations.
G. "Flood" or "flooding" means a general and
temporary condition of partial or complete inunda-
tion of normally dry land areas from:
467
(Cupertino 5-98)
16.52.010
1. The overflow of floodwaters;
2. The unusual and rapid accumulation or runoff
of surface waters from any source;
3. The collapse or subsidence of land along the
shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents
or water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level
in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such
as flash flood or an abnormal tidal surge, or by
some similarly unusual and unforeseeable event
which results in flooding as provided in this defini-
tion.
H. "Flood Boundary and Floodway Map" means
the official map on which the Federal Emergency
Management Agency or Federal Insurance Adminis-
trationhas delineated both the areas of flood hazard
and the floodway.
I. "Flood Insurance Rate Map (FIRM)" means
the official map on which the Federal Emergency
Management Agency or Federal Insurance Adminis-
tration has delineated both the azeas of special flood
hazards and the risk premium zones applicable to
the community.
J. "Flood Insurance Study" means the official
report provided by the Federal Insurance Adminis-
tration that includes flood profiles, the Flood
Boundary-Floodway Map, and the water surface
elevation of the base flood.
K. "Floodplain" or "flood-prone area" means any
land area susceptible to being inundated by water
from any source (see definition of "flooding'.
L. "Floodplain management" means the opera-
tion of an overall program of corrective and preven-
tive measures for reducing flood damage, including
but not limited to emergency preparedness plans,
flood control works and floodplain management
regulations.
M. "Floodplain management regulations" means
zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances
(such as floodplain ordinance, grading ordinance and
erosion control ordinance) and other applications of
police power. The term describes such state or local
regulations in any combination thereof, which pro-
vide standards for the purpose of flood damage
prevention and reduction.
N. "Floodproofing" means any combination of
structural and nonstructural additions, changes or
adjustments to structures which reduce or eliminate
flood damage to real estate or improved real proper-
ty, water and sanitary facilities, structures and their
contents.
O. "Floodway" means the channel of a river or
other watercourse and the adjacent land areas that
must be reserved in order to dischazge the base
flood without cumulatively increasing the water
surface elevation more than one foot.
P. "Highest adjacent grade" means the highest
natural elevation of the ground surface prior to
construction next to the proposed walls of a struc-
ture.
Q. "Lowest floor" means the lowest floor of the
lowest enclosed area (including basement). An un-
finished or flood-resistant enclosure, usable solely
for pazking of vehicles, building access or storage
in an area other than a basement area is not consid-
ered abuilding's lowest floor, provided, that such
enclosure is not built so as to render the structure in
violation of the applicable non-elevation design
requirements of this chapter.
R. "Manufactured home" means a structure that
is transportable in one or more sections,
(Cupertino 5-98) 468/474
16.52.020
16.52.020 Establishment of development
permit.
A development permit shall be obtained before
new construction, substantial improvements or de-
velopment (including the placement of prefabricated
buildings and manufactured homes) begins within
any area of special flood hazard established in Sec-
tion 16.52.011. Application for a development per-
mit shall be made on forms furnished by the Direc-
tor of Planning and Community Development, and
may include, but not be limited to: plans in dupli-
cate drawn to scale showing the nature, location,
dimensions and elevations of the area in question;
existing or proposed structures, fill, storage of mate-
rials, drainage facilities; and the location of the
foregoing. Specifically, the following information is
required:
A. Proposed elevation, in relation to mean sea
level, of the lowest floor (including basement) of all
structures; in zone AO, elevation of highest adjacent
grade and proposed elevation of lowest floor of all
structures;
B. Proposed elevation in relation to mean sea
level to which any structure has been floodproofed;
C. All appropriate certificates listed in Section
16.52.021 C1 of this chapter,
D. Description of the extent to which any water-
course will be altered or relocated as a result of
proposed development. (Ord. 1412 Exhibit A (part),
1987: Ord. 1002 § 1.1 (part), 1980)
16.52.021 Designation of Director of
Planning and Community
Development.
The Director of Planning and Community Devel-
opment is appointed to administer and implement
this chapter by granting or denying development
permit applications in accordance with its provi-
sions.
The duties and responsibilities of the Director of
Planning and Community Development shall in-
clude, but not be limited to:
A. Permit Review. The Director shall:
1. Review all development permits to determine
that the permit requirements of this chapter have
been satisfied, and that building sites aze reasonably
safe from flooding;
2. Review all development permits to determine
that all necessary permits have been obtained from
those federal, state or local governmental agencies
from which prior approval is required;
3. Review all development permits to determine
whether the proposed development adversely affects
the flood-carrying capacity of the floodway, or azea
where the base flood elevation has been determined
but the floodway has not been designated. For pur-
poses of this chapter, "adversely affects" means that
the cumulative effect of the proposed development
when combined with all other existing and anticipat-
ed development will increase the water surface
elevation of the base flood more than one foot at
any point.
B. Use of Other Base Flood Data. When base
flood elevation data has not been provided in accor-
dance with Section 16.52.011 (Lands to which this
chapter applies), the Director of Planning and Com-
munity Development shall obtain, review and rea-
sonably utilize any base flood elevation data avail-
able from a federal, state or other source, in order
to administer Sections 16.52.051 (Residential con-
struction) and 16.52.052 (Nonresidential construc-
tion).
C. Information to be Obtained and Maintained.
The Director shall:
1. Maintain for public inspection and make
available the following certification:
a. Floor elevation, as required in Sections
16.52.051 and 16.52.052,
b. Elevations in area of shallow flooding in
Sections 16.52.042 and 16.52.054,
c. Elevations/floodproofmg of nonresidential
structures in Section 16.52.052,
d. Wet floodproofmg standazd in Section
16.52.042E,
e. Subdivision standards in Section 16.52.044,
f. Floodway encroachments in Section
16.52.055;
2. Maintain for public inspection all records
pertaining to the provisions of this chapter.
475 (Cupertino 5-98)
16.52.021
D. Alteration of Watercourses. The Director
shall:
1. Notify adjacent communities, Santa Clara
Valley Water District, and the Department of Water
Resources of the State of California prior to any
alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insur-
ance Administration;
2. Require that maintenance is provided within
the altered or relocated portion of said watercourse
so that the flood-carrying capacity is not diminished.
E. Interpretation of FIRM Boundaries. The Di-
rector shall make interpretations, where needed, as
to the exact location of the boundaries of the special
flood hazard area (for example, where there appears
to be a conflict between a mapped boundary and
actual field conditions). The person contesting the
location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided
in Sections 16.52.030 through 16.52.035.
F. Enforcement. The Director shall take action
to remedy violations of this chapter as provided in
Section 16.52.012. (Amended during May 1998
supplement; Ord. 1412 Exhibit A (part), 1987: Ord.
1002 § 1.1 (part), 1980)
16.52.030 Appeal Board.
A. The Planning Commission shall hear and
decide appeals and requests for variances from the
requirements of this chapter.
B. The Planning Commission shall hear and
decide appeals when it is alleged there is an error
in any requirement, decision or determination made
by the Director of Planning Development in the
enforcement or administration of this chapter.
1. Any person aggrieved by the decision of the
Planning Commission may appeal such decision to
the City Council, in accordance with Section 8 of
Procedural Ordinance No. 652.
2. In passing upon such applications, the Plan-
ning Commission shall consider all technical evalua-
tions, all relevant factors, standards specified in
other sections of this chapter, and:
a. The danger that materials may be swept onto
other lands to the injury of others;
b. The danger to life and property due to flood-
ing or erosion damage;
c. The susceptibility of the proposed facility and
its contents to flood damage and the effect of such
damage on the individual owner,
d. The importance of the services provided by
the proposed facility to the community;
e. The necessity to the facility of a waterfront
location, where applicable;
f. The availability of alternative locations for
the proposed use which are not subject to flooding
or erosion damage;
g. The compatibility of the proposed use with
existing and anticipated development;
h. The relationship of the proposed use to the
comprehensive plan and floodplain management
program for that area;
i. The safety of access to the property in times
of flood for the ordinary and emergency vehicles;
j. The expected heights, velocity, duration, rate
of rise, and sediment transport of the floodwaters
and the effects of wave action, if applicable, expect-
ed at the site; and
k. The costs of providing governmental services
during and after flood conditions, including mainte-
nance and repair of public utilities and facilities
such as sewer, gas, electrical, and water systems,
and streets and bridges.
3. Generally, variances may be issued for new
construction and substantial improvements to be
erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing
structures constructed below the base flood level,
providing subdivisions a through k in subsection B2
of Section 16.52.030 have been fully considered. As
the lot size increases beyond one-half acre, the
technical justification required for issuing the vari-
ance increases.
4. Upon consideration of the factors in subsec-
tion BZ of Section 16.52.030 and the purposes of
this chapter, the Planning Commission may attach
such conditions to the granting of variances as it
deems necessary to further the purposes of this
chapter.
(Cupertino 5-98) 476
16.52.030
5. The Director of Planning and Community
Development shall maintain the records of all appeal
actions and report any variances to the Federal
Insurance Administration upon request. (Ord. 1412
Exhibit A (part), 1987: Ord. 1002 § 1.1 (part),
1980)
16.52.035 Conditions for variance issuance.
A. Variances may be issued for the reconstruc-
tion, rehabilitation or restoration of structures listed
on the National Register of Historic Places or the
State Inventory of Historic Places, without regazd to
the procedures set forth in the remainder of this
section.
B. Variances shall not be issued within any
designated floodway if any increase in flood levels
during the base flood dischazge would result.
C. Variances shall only be issued upon a deter-
mination that the variance is the minimum neces-
sary, considering the flood hazazd, to afford relief.
D. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the vari-
ance would result in exceptional hardship to the
applicant; and
3. A determination that the granting of a vari-
ance will not result in increased flood heights, addi-
tional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victim-
ization of the public, or conflict with existing local
laws or ordinances.
E. Any applicant to whom a variance is granted
shall be given written notice that the structure will
be permitted to be built with a lowest floor elevation
below the base flood elevation and that the cost of
flood insurance will be commensurate with the
increased risk resulting from the reduced lowest
floor elevation. A copy of the notice shall be record-
ed to run with the land. (Ord. 1412 Exhibit A (part),
1987: Ord. 1002 § 1.1 (part), 1980)
16.52.040 General standards.
All Special Flood Hazard Areas are governed by
the general standards set forth in Sections 16.52.040
through 16.52.044. (Amended during May 1998
supplement; Ord. 1412 Exhibit A (part), 1987: Ord.
1002 § 1.1 (part), 1980)
16.52.041 Anchoring.
A. All new construction and substantial improve-
ments shall be anchored to prevent flotation, col-
lapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
B. All new and replacement manufactured homes
and substantial additions to manufactured homes
shall:
1. Be elevated so that the lowest floor is at or
above the base flood elevation; and
2. Be securely anchored to a permanent founda-
tion to resist flotation, collapse or lateral movement.
(Ord. 1412 Exhibit A (part), 1987: Ord. 1002 § 1.1
(part), 1980)
16.52.042 Construction materials and
methods.
A. All new construction and substantial improve-
ments shall be constructed with new materials and
utility equipment resistant to flood damage.
B. All new construction and substanfial improve-
ments shall be constructed using methods and prac-
tices that minimize flood damage.
C. All new construction and substantial improve-
ments shall be constructed with electrical, heating,
ventilation, plumbing and air conditioning equip-
ment and other service facilities that aze designed
and/or located so as to prevent water from entering
or accumulating within the components during con-
ditions of flooding.
D. Within zone AO, adequate drainage paths
shall be provided around structures on slopes to
guide floodwaters around and away from proposed
structures.
E. All new construction and substantial improve-
ments that fully enclose azeas below the lowest floor
that aze subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement
must either be certified by a registered professional
477 (Cupertino 5-98)
16.52.042
engineer or architect or meet or exceed the follow-
ing minimum criteria:
1. Either a minimum of two openings having a
total net area of not less than one squaze inch for
every square foot of enclosed area subject to flood-
ing shall be provided. The bottom of all openings
shall be no higher than one foot above grade. Open-
ings may be equipped with screens, louvers, valves
or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters;
or
2. Be certified to comply with a local
floodproofing standard approved by the Federal
Insurance Administration. (Ord. 1412 Exhibit A
(part), 1987: Ord. 1002 § 1.1 (part), 1980)
16.52.043 Utilities.
Utility requirements are as follows:
A. All new and replacement water supply and
sanitary sewage systems shall be designed to mini-
mize or eliminate infiltration of floodwaters into the
system and discharge from the systems into
floodwaters.
C. On-site waste disposal systems shall be locat-
ed to avoid impairment to them or contamination
from them during flooding. (Ord. 1412 Exhibit A
(part), 1987: Ord. 1002 § 1.1 (part), 1980)
16.52.044 Subdivision proposals.
Requirements for subdivision proposals aze as
follows:
A. All preliminary subdivision proposals shall
identify the flood hazazd area and the elevation of
the base flood;
B. All final subdivision plans will provide the
elevation of proposed structure(s) and pads. If the
site is filled above the base flood, the final pad
elevation shall be certified by a registered profes-
sional engineer or surveyor and provided to the
Director of Planning and Community Development;
C. All subdivision proposals shall be consistent
with the need to minimize flood damage;
D. All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to mini-
mize flood damage; and
E. All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood dam-
age. (Ord. 1412 Exhibit A (part), 1987: Ord. 1002
§ 1.1 (part), 1980)
16.52.050 Specific standards (unnumbered
A Zones and Zones Al-30).
In all special flood hazards areas, including zones
Al-30, where base flood elevation data has been
provided as set forth in Section 16.52.011 (Lands to
which this chapter applies) or subsection B of Sec-
tion 16.52.021 (Use of other base flood data), or in
unnumbered A zones where base flood level must
be determined, the following additional provisions
as set forth in this article are required. (Ord. 1412
Exhibit A (part), 1987: Ord. 1002 § 1.1 (part),
1980)
16.52.051 Residential construction.
New construction and substantial improvements
shall have the lowest floor, including basement,
elevated to or above base flood elevation. Upon the
completion of the structure, the elevation of the
lowest floor including basement shall be certified by
a registered professional engineer or surveyor, or
verified by the Community Building Inspector to be
properly elevated. Such certification or verifications
shall be provided to the Director of Planning and
Development. (Ord. 1412 Exhibit A (part), 1987:
Ord. 1002 § 1.1 (part), 1980)
16.52.052 Nonresidential construction.
New construction and substantial improvement of
any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including
basement, elevated to or above the level of the base
flood elevation; or, together with attendant utility
and sanitary facilities, shall:
A. Be floodproofed so that below the base flood
level the structure is watertight with walls substan-
tially impermeable to the passage of water,
(Cupertino 5-98) 478
16.52.052
B. Have structural components capable of resist-
ing hydrostatic and hydrodynamic loads and effects
of buoyancy; and
C. Be certified by a registered professional engi-
neer or azchitectthat the standazds of this subsection
are satisfied. Such certifications shall be provided
to the Director of Planning and Community Devel-
opment. (Ord. 1412 Exhibit A (part), 1987: Ord.
1002 § 1.1 (pazt), 1980)
16.52.053 Manufactured homes.
A. Manufactured homes shall be anchored in
accordance with subsection B of Section 16.52.041.
B. Improvements to manufactured home pazks
and manufactured home subdivisions as described
in subpazagraphs 4a through 4c of this subsection
shall be required under the following circumstances:
1. For new manufactured home parks and manu-
factured home subdivisions;
2. For expansions to existing manufactured
home parks and manufactured home subdivisions;
3. For existing manufactured home parks and
manufactured home subdivisions where the repair,
reconstruction or improvement of the streets, utilities
and pads equals or exceeds fifty percent of the value
of the streets, utilities and pads before the repair,
reconstruction or improvement has commenced;
4. For manufactured homes not placed in a
manufactured home pazk or manufactured home
subdivision, it shall be required that:
a. Stands or lots aze elevated on compacted fill
or on pilings so that the lowest floor of the manu-
factured home will be at or above the base flood
level;
b. Adequate surface drainage and access for a
hauler are provided; and
c. )n the instance of elevation of pilings, that
lots are large enough to permit steps; piling founda-
tions are placed in stable soil no more than ten feet
apart; and reinforcement is provided for pilings
more than six feet above the ground level. (Ord.
1412 Exhibit A (part), 1987: Ord. 1002 § 1.1 (part),
1980)
16.52.054 Specific standards (zone AO).
The following provisions shall apply to any azea
designated an AO zone in Section 16.52.011. The
requirements for drainage paths as specified in Sec-
tion 16.52.042D shall apply to construction autho-
rized within the AO zone.
A. Residential. All new construction and sub-
stantial improvements shall have the lowest floor,
including basement, elevated above highest adjacent
grade at least as high as the depth number specified
on the FIRM or at least two feet above highest
adjacent grade if no depth number is specified.
Certification: Upon completion of any new or
substantially improved structure in zone AO, the
elevation of the lowest floor, including basement,
shall be certified by a registered professional engi-
neer or surveyor, or verified by the community
Building Inspector to be properly elevated. Such
certificate or verification shall be provided to the
Floodplain Administrator.
B. Nonresidential. All new construction and
substantial improvements shall:
1. Be elevated as provided in subsection A of
this chapter; or
2. Together with attendant utility and sanitary
facilities be completely floodproofed to or above
that level so that any space below that level is wa-
tertight with walls substantially impermeable to the
passage of water and with structural components
having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
3. Be certified by a registered professional engi-
neer orarchitect that the standards of this subsection
are satisfied. Such certification shall be provided to
the Director of Planning and Development. (Ord.
1412 Exhibit A (part), 1987: Ord. 1002 § 1.1 (part),
1980)
16.52.055 Floodways.
Located within areas of special flood hazard
established in Section 16.52.011 are azeas designated
as floodways. Since the floodway is an extremely
hazardous area due to the velocity of floodwaters
which carry debris, potential projectiles, and erosion
potential, the following provisions apply:
479
(Cupetino 5-98)
16.52.055
A. Prohibit encroachments, including fill, new
construction, substantial improvements and other
development unless certification by a registered
professional engineer or azchitect is provided dem-
onstrating that encroachments shall not result in any
increase in flood levels during the occurrence of the
base flood discharge;
B. If Section 16.52.051 is satisfied, all new
construction and substantial improvements shall
comply with all applicable flood hazazd reduction
provisions of Sections 16.52.040 through 16.52.044;
C. Prohibit the placement of any mobile homes,
except in an existing mobile home park or existing
mobile home subdivision. (Amended during May
1998 supplement; Ord. 1412 Exhibit A (pazt), 1987:
Ord. 1002 § 1.1 (part), 1980)
(Cupertino 5-98) 480
16.56.010
Chapter 16.56
UNIFORM HOUSING CODE ADOPTED
Sections:
16.56.010 Adoption of Uniform Housing
Code, 1994.
16.56.020 Organization and enforcement.
16.56.030 Violation-Penalty.
16.56.010 Adoption of Uniform Housing
Code, 1994.
The Housing Code for the City shall be the 1994
Edition of the Unifomn Housing Code. Chapters 1
to 16 inclusive, except Section 203, as compiled and
published by the International Conference of Build-
ing Officials, one copy of which has been filed for
use and examination by the public in the office of
the Building Department, is referred to, and except
as to omissions, amendments and additions herein-
after noted, is adopted and made a part hereof, the
same as if fully set forth in this chapter. (Ord. 1710
Exh. A (part), 1995)
16.56.020 Organization and enforcement.
Section 203 of the Uniform Housing Code is
amended to read as follows:
In order to provide for reasonable interpreta-
tion of the provisions of this code, to mitigate
specific provisions of this code which create
practical difficulties in their enforcement and to
hear appeals provided for hereunder, there is
hereby established a Housing Advisory and Ap-
peals Board consisting of five members who are
qualified by experience and training to pass upon
matters pertaining to construction and who are
not employees of the jurisdiction. The building
official shall be an ex officio member of and
shall act as secretary to said boazd. The board
may be appointed by the governing body and
shall hold office at its pleasure. The board shall
adopt rules of procedure for conducting its busi-
ness and shall render all decisions and findings
in writing to the appellant with a copy to the
building official. Appeals to the board shall be
processed in accordance with the provisions con-
tained in Section 1201 of this code. Copies of all
rules of procedure adopted by the boazd shall be
delivered to the building official, who shall make
them accessible to the public. The same personnel
of the Board appointed under this Code may act
as the Board of Appeals under the other building
construction uniform codes. In the event, a Hous-
ing Advisory and Appeals Board is not appointed
by the legislative body, the Council shall serve as
said appeals boazd.
(Ord. 1710 Exh. A (part), 1995)
16.56.030 Violations-Penalty.
Any person, firm, corporation, partnership or
copartnership who willfully violates any of the
provisions or fails to comply with any of the man-
datory requirements of this chapter is guilty of an
infraction except when the violation of any such
provision is specifically declared by the Uniform
Housing Code to be a misdemeanor, and upon con-
viction thereof, shall be punishable as provided in
Chapter 1.12 of the Cupertino Municipal Code,
except that nothing contained in this chapter shall
be deemed to bar any legal, equitable, or summary
remedy to which the City of Cupertino or other
political subdivision, or any person, firm, corpora-
tion or partnership may be otherwise entitled, and
the City of Cupertino or any other political subdivi-
sion, orperson, firm, corporation or partnership may
file a suit in the Superior Court of the County of
Santa Clara, or restrain or enjoin any attempted or
proposed subdivision or acts in violation of the
chapter. (Ord. 1710 Exh. A (part), 1995)
X180-1
(Cupertino 5-98)
Title 19
ZONING
Chapters:
19.04 General Provisions
19.08 Definitions
19.12 Designations and lEstablishment of Districts
19.16 Agricultural (A) 2;ones
19.20 Agricultural-Resicential (A-1) Zones
19.24 Open Space (OS) Zones
19.28 Single-Family Residential (R-1) Zones
19.32 Residential Duple~t (R-2) Zones
19.36 Multiple-Family A'.esidential (R-3) Zones
19.40 Residential Hillside (RHS) Zones
19.44 Residential Single••Family Cluster (RIC) Zones
19.48 Planned Development (PD) Zones
19.52 Density Bonus
19.56 General Commercial (CG) Zones
19.60 Light Industrial (rvII,) Zones
19.64 Public Building (BSA), Quasi Public Building
(BQ) and Transpa~rtation (T) Zones
19.68 Park and Recreation (PR) Zones
19.72 Private Recreation (FP) Zone
19.76 Administrative amd Professional Office (OA)
Zones
19.80 Accessory Buildin ~slStructures
19.81 Recycling Areas
19.82 Beverage Containcr Redemption and Recycling
Centers
19.84 Second Dwelling i7nits in R-1, RHS, A, and A-1
Zones
19.88 Conversions of Apartment Projects to
Community Housing Projects
19.92 Home Occupation
19.96 Parking and Keeping Vehicles in Various Zones
`~69 (Cupertino 5-98)
19.100 Parking Regulations
19.104 Adult Oriented Commercial Activities
19.106 Concurrent Sale of Alcoholic Beverages and
Gasoline
19.108 Wireless Communications Facilities
19.112 Nonconforming Uses and Nonconforming
Facilities
19.116 Development Agreements
19.120 Amendments to the Zoning Maps and Zoning
Regulations
19.124 Conditional Use Permits and Variances
19.128 Temporary Uses
19.132 Administrative Approval of Minor Changes in
Projects
19.134 Architectural and Site Review
19.136 Appeals
(Cupertino 5-98) 570
19.32.010
Chapter 19.32
RESIDENTIAL DUPLEX (R-2) ZONES
Sections:
19.32.010 Purpose.
19.32.020 Applicability of regulations.
19.32.030 Permitted uses.
19.32.040 Conditional uses.
19.32.050 Height of buildings and
structures.
19.32.060 Lot area and width.
19.32.070 Building coverage and
setbacks.
19.32.080 Permitted yard encroachments.
19.32.090 Architectural and site review.
19.32.010 Purpose.
The residential duplex zoning district is intended
to allow a second dwelling unit under the same
ownership as the initial dwelling unit on appropriate
sites in areas designated for multiple family use by
the Cupertino General Plan. The residential duplex
district is intended to increase the variety of housing
opportunities available within the community while
maintaining the existing neighborhood chazacter.
(Ord. 1601 Exh. A (part), 1992)
19.32.020 Applicability of regulations.
No building, structure or land shall be used, and
no building or structure shall be hereafter erected,
structurally altered or enlazged in an R-2 residential
duplex district other than in conformance with the
provisions of this chapter and other applicable
provisions of this title. (Ord. 1601 Exh. A (part),
1992)
19.32.030 Permitted uses.
The following uses shall be permitted in the R-2
residential duplex district:
A. Two-family use under one ownership;
B. Accessory facilities and uses customarily
incidental to permitted uses and otherwise conform-
ing with the provisions of Chapter 19.80 of this
title;
C. Home occupations in each unit of a residen-
tial duplex dwelling subject, when accessory to per-
mitted residential use as provided in Chapter 19.92
of this title, and subject to any use permit require-
ments contained in that chapter,
D. The keeping in each dwelling unit of a maxi-
mum of four adult household pets; provided that no
more than two adult dogs and two adult cats may be
kept in each unit;
E. Utility facilities essential to provision of
utility services to the neighborhood, but excluding
business offices, construction or storage yards, main-
tenance facilities, or corporation yazd;
F. Small-family day care home, in each unit;
G. Large-family day caze home, which meets the
parking criteria contained in Chapter 19.100, and
which is at least three hundred feet from any other
lazge-family day Gaze home. The Director of Com-
munity Development or his/her designee shall
administratively approve lazge day care homes to
ensure compliance with the parking and proximity
requirements;
H. Residential care facility with six or less resi-
dents not including the provider, provider family or
staff, in each unit, that has a license from the appro-
priate State, County agency or department;
I. Congregate residence with ten or less resi-
dents, in each unit. (Ord. 1688 § 3 (part), 1995;
Ord. 1657 (part), 1994; Ord. 1601 Exh. A (part),
1992)
19.32.040 Conditional uses.
The following uses may be conditionally allowed
in the R-2 residential duplex district subject to issu-
ance 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. Home occupations which require a condi-
tional use permit pursuant to Chapter 19.92 of this
title;
3. 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-
588-13 (Cupertino 5-98)
19.32.040
ed by Section 1597.46 (3) of the State of California
Health and Safety Code.
B. Issued by the Planning Commission:
1. Residential Gaze homes in each unit;
2. Residential care facility, in each unit, that is
not required to obtain a license by the State, County
agency or department and has six or less residents,
not including the provider, provider family or staff;
3. Residential care facility, in each unit, that has
the appropriate State, County agency or department
license and has seven or greater residents, not in-
cluding the provider, provider family or staff, is a
minimum distance of five hundred feet from the
property boundary of another residential care facili-
ty;
4. Residential Gaze facility, in each unit, that is
not required to obtain a permit from the State,
County agency or department license 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 care facility and has a minimum
of seventy-five squaze feet of usable reaz yazd azea
per occupant;
5. 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 reaz yazd azea per occupant. (Ord.
1688 § 3 (part), 1995; Ord. 1657 (part), 1994; Ord.
1601 Exh. A (part), 1992)
19.32.050 Height of buildings and
structures.
The height of buildings and structures in R-2
zones shall be restricted as follows:
A. The maximum height shall be two stories, not
exceeding a total of thirty feet;
B. Accessory buildings shall be limited to a
height of one story not exceeding a total of fifteen
feet;
C. The City Council may prescribe that all
buildings in a designated area be limited to one
story in height (not to exceed eighteen feet) by
affixing to the R-2 zoning district symbol the desig-
nation "i." (Ord. 1601 Exh. A (part), 1992)
19.32.060 Lot area and width.
A. Lot area shall correspond to the number (mul-
tiplied by one thousand square feet) following the
R-2 symbol. Examples aze as follows:
Minimum Lot Area
Zoning Symbol Number in Square Feet
R-2 8.5 8,500
R-2 10 10,000
R-2 12 12,000
R-2 15 15,000
The minimum lot size in an R-2 zone is eight
thousand five hundred square feet.
B. Notwithstanding the restrictions contained in
subsection 19.32.060A of this section, a reduction
in the minimum lot size of no more than five per-
cent of the net lot azea is permitted for a lot when
fifty percent or more of the net lot area is adjacent
to a curvilineaz street.
C. The minimum lot width in an R-2 zoning
district is seventy feet at the building setback line,
except that with respect to lots which have a net lot
area of nine thousand square feet or more and which
face a cul-de-sac, the minimum lot width is sixty
feet. (Ord. 1601 Exh. A (part), 1992)
19.32.070 Building coverage and setbacks.
Building coverage and setback regulations in R-2
zoning districts are as follows:
A. The maximum lot coverage by all permanent
buildings on a lot in an R-2 zone is forty percent of
the net lot area.
B. The minimum front-yard setback is twenty
feet, provided that the minimum may be reduced to
fifteen feet with respect to lots having curved drive-
ways which enter the side of a gazage.
C. The minimum side-yazd setback shall be
twenty percent of the lot width measured at the front
setback line. No side setback may be less than six
feet. The minimum side-yard setback shall be in-
(Cupertino 5-98) 588-14
19.32.070
creased by three feet for each story above the first
story on any building. The minimum side-yazd
setback on the street side of a comer lot is twelve
feet.
D. The minimum rear-yard setback shall be
twenty feet or no less than twenty percent of the lot
depth, whichever is greater, provided that the mini-
mum reaz-yard setback may be reduced to ten feet
on condition that the required reaz-yard setback area
is no less than eight hundred fifty square feet or
twenty times the lot width. In no event, however,
may atwo-story segment of a duplex building be
closer to a reaz lot line than the distance equal to
twenty percent of the lot depth. (Ord. 1601 Exh. A
(part), 1992)
19.32.080 Permitted yard encroachments.
Encroachments into required yazd setback azeas
in R-2 zones are permitted as follows:
A. Cornices, canopies, coves, decks (more than
eighteen inches above finished grade), and other
architectural features may extend into a required
yard setback area no more than two feet six inches.
B. Unenclosed patio covers may extend into the
required reaz-yazd setback azea, provided that it shall
not be closer than ten feet from the rear property
line. (Ord. 1601 Exh. A (part), 1992)
19.32.090 Architectural and site review.
No building, structure, or sign shall be erected,
structurally altered, or enlazged, nor shall any land-
scaping or parking plan be implemented or modi-
fied, in an R-2 zone, without architectural and site
review pursuant to Chapter 19.134 of the municipal
code. (Ord. 1779 § 1(B), 1998)
588-14a (Cupertino 5-98)
19.36.010
Chapter 19.36
MULTIPLE-FAMILY RESIDENTIAL
(R-3) ZONES
Sections:
19.36.010 Purpose.
19.36.020 Applicability of regulations.
19.36.030 Permitted uses.
19.36.040 Conditional uses.
19.36.050 Conceptual plan.
19.36.060 Site development regulations.
19.36.070 Parking.
19.36.010 Purpose.
The purpose of this chapter is to provide a zoning
district permitting multiple-family residential uses
and to establish the regulations pertaining thereto.
These regulations are intended to guide future multi-
ple-family residential development and ensure a
healthy functional environment for future residents
within the proposed development and for and be-
tween adjoining parcels. (Ord. 1601 Exh. A (part),
1992)
19.36.020 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 amultiple-family
residential (R-3) zoning district, otherwise than in
conformance with the provisions of this chapter and
other applicable provisions of this title. (Ord. 1601
Exh. A (part), 1992)
19.36.030 Permitted uses.
The following shall be permitted in an R-3 zon-
ing district:
A. Multiple-family residential dwellings;
B. Accessory facilities and uses customarily
incidental to permitted uses and otherwise conform-
ing with the provisions of Chapter 19.80 of this
title;
C. Home occupations, when accessory to permit-
ted residential use, as provided in Chapter 19.84 of
this title, and subject to any conditional use permit
requirements contained in that chapter,
D. Horticulture, gardening, and growing of food
products for consumption by occupants of the site
and limited to a maximum of ten percent of the lot
area.
E. The keeping of a maximum of four adult
household pets per dwelling unit, provided that no
more than two adult dogs may be kept therein;
E. Temporary buildings for construction purpos-
es (including trailers) for a period not to exceed the
duration of such construction;
F. Small-family day care home;
G. Residential care facility with six or less resi-
dents not including the provider, provider family or
staff, that has a license from the appropriate State,
County agency or department;
H. Congregate residence with ten or less resi-
dents. (Ord. 1688 § 3 (part), 1995; Ord. 1675 (part),
1994; Ord. 1601 Exh. A (part), 1992)
19.36.040 Conditional uses.
The following uses may be conditionally allowed
in the R-3 multiple-family residential district, sub-
ject to 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. Home occupations which require a condi-
tional use permit pursuant to Chapter 19.92 of this
title;
3. Large-family day care home. The conditional
use permit shall be processed as provided by Section
1597.46(3) of the State of California Health and
Safety Code.
B. Issued by the Planning Commission:
1. Child day care facilities;
2. Residential care 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;
3. Residential care facility, that has the appropri-
ate State, County agency or department license and
has seven or greater residents, not including the
(Cupertino 5-98) 588-14b
19.60.010
Chapter 19.60
LIGHT INDUSTRIAL (ML) ZONES
Sections:
19.60.010 Purpose.
19.60.020 Applicability of regulations.
19.60.030 Permitted uses.
19.60.040 Conditional uses.
19.60.050 Excluded uses.
19.60.060 Restrictions related to
emissions.
19.60.070 Site development regulations.
19.60.080 Parking and loading
standards-Conditional use
permit.
19.60.090 Architectural and site review.
19.60.010 Purpose.
The purpose of the light industrial (ML) zoning
district is to provide for, and regulate, certain indus-
trial uses which aze incompatible with commercial
and residential uses but perform important storage,
manufacturing or servicing functions for such com-
mercial and residential uses in the City. Light indus-
trial uses aze allowed because of the need for sites
for small industries, and because the characteristics
of the permitted industrial uses are likely to be
similaz to many permitted commercial uses. The
uses permitted in this zone often create some objec-
tionable impacts such as noise and large volumes of
truck traffic, but are essential uses in an urban
economy. The property in this zone should be locat-
ed near central business azeas, neaz arterial traffic
routes, along railroad lines, or where specialized
services for residential azeas should be concentrated.
(Ord. 1601 Exh. A (part), 1992)
19.60.020 Applicability of regulations.
No building, structure, or land shall be used, and
no building or structure shall be erected, structurally
altered, or enlarged in an ML zone, otherwise than
in conformance with the provisions of this chapter
and other applicable provisions of this title. (Ord.
1601 Exh. A (part), 1992)
19.60.030 Permitted uses.
The following uses shall be permitted in an ML
zoning district:
A. Manufacturing, processing, assembly, research
and development factories, laboratories, shops, and
other uses which, in the opinion of the Director of
Community Development are similar to the above
uses, and which do not create undue adverse im-
pacts due to the effects of glare, noise, dust, or any
other emission within the premises as provided in
Section 19.60.060 of this chapter,
B. Automobile, trailer, fire and boat sales, rent-
als, service, repair and storage, including body and
upholstery shops, but limited to new and used vehi-
cles in operable condition and new, reconditioned
and used parts, if stored inside a building;
C. Commercial parking lots and parking garages;
D. Warehouses;
E. Wholesale and storage activities within com-
pletely enclosed buildings;
F. Packing and crating establishments;
G. Auction houses, used furniture sales, feed
sales, cold storage facilities, including frozen food
lockers;
H. Home, garden and farm equipment and appli-
ance sales and rentals;
I. Machinery sales and rentals, including heavy
construction equipment;
J. Repair and service shops for light machinery,
household appliances and apparel;
K. Lumberyards, building material sales, ice,
coal and wood sales, carpenter and cabinet shops;
L. Nurseries and greenhouses;
M. Dry cleaning plants and similaz establish-
ments, provided that the solvent used in the cleaning
process shall not be used or stored in any manner
not approved by the State Fire Mazshal;
N. Animal clinics and hospitals, facilities for
bathing, clipping, trimming, and similar services for
pets; kennels; taxidermists;
O. Television, radio and motion picture studios
and stations;
P. Public utility facilities and service yazds, and
associated buildings, communications and equipment
588-39 (Cupertino 5-98)
19.60.030
buildings, corporation yards, contractors' and
plumbers' shops, and storage yards;
Q. All uses permitted in a general commercial
(GC) zone as provided in Section 19.56.030 of this
title, provided that they aze auxiliary or subsidiary
to or an essential part of an established operation or
use permitted by this chapter including, but not
limited to, personal services, retail establishments,
and recreation facilities located on the same lot as
the principal use, and which exist solely for the
convenience of persons employed in or customers
of the principal use;
R. Notwithstanding the provision of Section
19.60.030Q above, the following commercial uses
are permitted as independent operations:
1. Stenographic or duplicating services,
2. Messenger or telegraph offices,
3. Delivery services,
4. Janitorial services;
S. Residential dwellings for caretakers or watch-
men employed for the protection of the principal
permitted use, provided they aze located on the same
lot as the principal permitted use. (Ord. 1601 Exh.
A (part), 1992)
19.60.040 Conditional uses.
The following uses may be conditionally allowed
in the ML zoning district subject to the issuance of
a conditional use permit:
A. Issued by the Planning Commission:
1. Automobile service station and commercial
caz-washing facilities,
2. Gasoline and diesel fuel pumps, whether
utilized as a principal use or as an accessory use,
3. Caterers,
4. Commercial entertainment establishments
operated wholly or partly in the open (e.g., drive-in
theaters, golf driving ranges, and miniature golf
courses),
5. Swim clubs, swim schools, and commercial
swimming pools,
6. Retail sales of mixed concrete sold in batches
not exceeding one cubic yazd,
7. Stone cutting, monument manufacture,
8. Mortuaries,
9. Heliports as accessory uses,
10. Manufacture of radioactive material, provided
that emissions do not exceed permissible levels
established by Federal or State standards,
11. Other uses which, in the opinion of the Plan-
ning Commission, are consistent with the character
of an ML zone, and do not exceed the levels of
odor, noise, dust, smoke, glare, fumes, radiation or
vibration described in Section 19.60.060 of this
chapter,
B. Issued by the Director of Community Devel-
opment:
1. Under the provisions of Section 19.60.030,
for any industrial use where the number of parking
spaces exceeds one per five hundred feet of net lot
area, upon a determination that the use will not have
an adverse impact upon the City's street and circula-
tion system, and is consistent with the City's noise
ordinance. (Ord. 1601 Exh. A (part), 1992)
19.60.050 Excluded uses.
A. The following uses shall not be permitted in
ML zones:
1. Bag cleaning, blast furnace, boiler or tank
works, candle factory, cannery, central mixing plant
for cement, mortar, plaster or paving materials, coke
oven, curing, tanning or storage of raw hides or
skins, distillation of bones, coal or wood, distillation
of tar, drilling for oil, gas or other hydrocazbon
substances, dumping, disposal, incineration or reduc-
tion of gazbage, sewage, offal, dead animals or
refuse, fat rendering, forge plant, foundry or metal
fabrication plant, hog farms, junk yards or the bal-
ing of rags or junk, pumping, refining or wholesale
storage of crude petroleum, slaughtering of animals,
smelting of copper, iron, tin, zinc or other ores,
steam power plant, stockyard, stone mill or quarry,
sugaz refming, wool pulling or scouring;
2. Manufacture of acetylene, acid, alcohol, alco-
holic beverages, ammonia, bleaching powder,
chlorine, chemicals, soda or soda compounds, brick
pottery, terra cotta or the (except handcraft products
only), candles, celluloid or pyroxlin (treatment of
same), cement, gypsum, lime or plaster of pazis,
chewing tobacco (or treatment of same), disinfec-
(Cupertino 5-98) 588-40
19.60.050
tants, dyestuffs, emery cloth or sandpaper, explo-
sives, fireworks or gunpowder (or storage of same),
fertilizer, glass, glue, gelatin, grease, lazd or tallow
(manufactured or refined from or of animal fat);
illumination of heating gas (or storage of same),
insecticides, lampblack, linoleum, oilcloth or oiled
products, linseed oil, paint, oil, shellac, turpentine
or varnish (except mixing); matches, paper or pulp,
pickles, sauerkraut or vinegar, potash products,
rubber or gutty percha products (or treatment of
same), shoe polish, soap (other than liquid soap),
starch, glucose or dextrin, stove polish, taz roofing
or waterproofing or other tar products, yeast;
3. Commercial excavating of building or con-
structionmaterials. (Ord. 1601 Exh. A (part), 1992)
19.60.060 Restrictions related to emissions.
Emissions of noise, vibrations, radiation, light,
smoke, fumes or gas, odor, dust and toxic waste
shall be limited to quantities indicated in this sec-
tion. The limitations shall apply at any point outside
the boundary of each lot in an ML zone, the
boundary assumed, for the purpose of this title, to
extend in a vertical plane and below ground. Incase
of further subdivision or lot split, the limitations
shall not apply outside any resulting lot.
A. Vibration. Vibrations in the nonaudible range
shall not be of such intensity that they can be per-
ceived without instnunents.
B. Radiation. Electromagnetic radiation shall not
result in perceptible disturbance of television or
radio reception.
C. Light. The intensity of light at the boundary
of each lot shall not exceed seventy-five
footlamberts from a source of direct light, or one
hundred footlamberts from a source of reflected
light. The intensity of light at the boundary of an in-
dustrial zone, or an industrial area in a planned
development (P) zone, shall not exceed fifty
footlamberts from a source of direct light, or seven-
ty-five footlamberts from a source of reflected light.
D. Smoke. No emission shall be permitted, from
any or chimney or otherwise, of visible grey smoke
of a shade equal to or darker than No. 1 on the
Power's Micro-Ringelmann Chart, published by
McGraw-Hill Publishing Company, Inc. and copy-
righted in 1954 (being a direct facsimile reproduc-
tion of a standard Ringehnann Chart as issued by
the United State Bureau of Mines); except that a
visible grey smoke of a shade equal to No. 2 on
such a chart may be emitted for four minutes in any
thirty minutes.
E. Fumes and Gas. Any toxic or irritating ingre-
dients in emitted fumes or gas shall not exceed ten
percent of the concentration indicated in "General
Safety Order" issued by State of California, Depart-
ment of Industrial Relations, Division of Industrial
Safety (reprinted January 1964). Collection of heavy
gases at ground level shall be prevented.
F. Odor. No emission of odorous gases or other
odorous matter shall be permitted in such quantities
as to be readily detectable when diluted in the ratio
of one volume of odorous air of liquid or solid
matter to two volumes of clean air. Any process
which may involve the creation or emission of any
odors shall be provided with a secondary safeguard
system so that control will be maintained if the
primary safeguazd system should fail. There is es-
tablished as aguide in determining such quantities
of offensive odors, Table III, Odors Thresholds, in
Chapter 5 of Air Pollution Abatement Manual,
copyrighted in 1951 by Manufacturing Chemists
Association, Inc., Washington, D.C.
G. Dust and Other Solid Particles. No emission
shall be permitted which can cause any damage to
health, animals, vegetation or other forms of proper-
ty. No emission shall be permitted in excess of fifty
percent of the standards specified in Table I, Chap-
ter 5 of Industrial Hygiene Standards, Maximum Al-
lowable Concentrations of the Air Pollution Abate-
ment Manual, copyrighted in 1951 by Manufactur-
ing Chemists Association, Inc., Washington, D.C. In
no event shall any emission, from any chimney or
otherwise, exceed one-tenth of a grain (0.1 grain)
per cubic foot of the conveying gas. For measure-
ment of the amount of particles in gases resulting
from combustion, standard corrections shall be
applied to a stack temperature of five hundred de-
grees Fahrenheit and fifty percent excess air.
5;3g-41 (Cupertino 5-98)
19.60.060
H. Wastes. No dischazge into any public sewer,
private sewage disposal system, or stream, or into
the ground, of any materials of such nature or tem-
perature ascan contaminate any water supply, inter-
fere with bacterial processes in sewage treatment,
corrode or otherwise damage sewers or pipelines, or
otherwise cause the emission of dangerous or offen-
sive elements, shall be permitted, except in accord
with standards approved by the California Depart-
ment of Public Health or other such governmental
agency as shall have jurisdiction of such activities.
In addition, solid, liquid or gaseous toxic wastes
shall not exceed ten percent of the concentration
indicated in the General Safety Order issued by the
State of California, Departiment of Industrial Rela-
tions, Division of Industrial Safety (reprinted Janu-
ary 1964).
I. Garbage removal shall be made in such a way
that emissions from garbage trucks do not exceed
the quantities or concentrations set forth in this sec-
tion. (Ord. 1601 Exh. A (part), 1992)
19.60.070 Site development regulations.
A. Height of Buildings and Structures. Except as
otherwise provided by the General Plan, the maxi-
mum height of a principal building/structure in an
ML zoning district is two stories, not to exceed
forty feet, and of an accessory building in that zone
is one story not to exceed fifteen feet.
B. Lot Area Shape and Coverage.
1. Lot Area. The minimum lot area of a lot in
a light industrial (ML) zoning district is ten thou-
sand square feet. Each lot in an ML zone shall be
designated with a number after a dash in the ML
zoning symbol representing the minimum number
of square feet (in thousands) allowed for such lot.
2. Lot Shape. Each lot in an ML zoning district
shall have such shape that a squaze with a side of
one hundred feet can be inscribed within the lot.
3. Maximum Building/Structure Coverage. The
maximum lot coverage for buildings and structures
in an ML zoning district is forty percent of the net
lot azea.
C. Required Setbacks.
1. Front Yazd. Minimum front-yazd setback shall
be twenty-five feet.
2. Side Yard. No minimum side-yazd setback
shall be required where a lot in an ML zoning dis-
trict abuts another lot zoned ML or transportation
(T); otherwise, the minimum side-yazd setback is
fifteen feet, subject, however, to the provisions
contained in Section 19.60.070 C4.
3. Rear Yard. No minimum reaz-yazd setback
shall be required where a lot in an ML zoning dis-
trict abuts another lot zoned ML or a lot zoned
transportation (T); otherwise, the minimum rear-yard
setback is twenty feet, subject, however, to the pro-
visions contained in Section 19.60.070 C4.
4. When Adjacent to (R) or (A-1) Zones. When
a lot in an ML zoning district is adjacent to or sepa-
rated by a street from an area zoned (R) residential
or (A-1) agricultural-residential, all minimum yard
setbacks shall be fifty feet. Twenty-five feet of any
yard nearest any lot line shall be used and main-
tained only as a landscaping, planting or screening
strip (except for access ways). The remainder of any
such yard may be used only for off-street parking,
or shall be maintained as a landscaping planting
strip in the same manner as the first twenty-five
feet.
5. Additional Setback Requirement. No part
higher than twenty feet of a building in an ML
zoning district shall be closer to a lot line than one-
half of its height. (Ord. 1601 Exh. A (part), 1992)
19.60.080 Parking and loading standards-
Conditional use permit.
Parking and loading standards in an ML zoning
district shall be as provided by this title; provided,
however, where the number of parking spaces for
any lot in an ML zoning district exceeds one per
five hundred square feet of total lot azea, the use
shall be subject to the issuance of a conditional use
permit as provided in Section 19.60.040B.
(Cupertino 5-98) 588-42
19.60.090
19.60.090 Architectural and site review.
No building, structure, or sign shall be erected,
structurally altered, or enlarged, nor shall any land-
scaping or parking plan be implemented or modi-
fied, in an ML zone, without architectural and site
review pursuant to Chapter 19.134 of the municipal
code. (Ord. 1779 § 1(A), 1998)
538~2a
(Cupertino 5-98)
19.132.060
power to impose conditions as would have applied
to the Planning Commission or City Council.
C. Decision. The Director shall render his deci-
sion in writing, stating reasons therefor, and mail
thereof to the applicant. Any aggrieved or affected
person may appeal such decision in accord with the
provisions of Chapter 19.136. Unless an appeal of
such a decision is filed within fourteen working
days following the mailing of the notice of decision,
it shall become final upon the expiration of said
time period. (Ord. 1630 (part), 1993; Ord. 1601
Exh. A (part), 1992)
19.132.070 Reports.
The Director of Community Development shall
make written reports to the City Council Planning
Commission on all diverted applications under this
chapter. The reports shall be delivered to the City
Council and Planning Commission within five cal-
endar days from the date of the decision. (Ord. 1601
Exh. A (part), 1992)
588-97 (c~pertino 5-98)
19.134.010
Chapter 19.134
ARCHITECTURAL AND SITE REVIEW
Sections:
19.134.010 Purposes.
19.134.020 Authority of the Planning
Commission.
19.134.030 Application for architectural
and site approval.
19.134.040 Action by the Director.
19.134.050 Notice of consideration.
19.134.060 Action by the Planning
Commission-Appeals.
19.134.070 Limitations regarding Planning
Commission decisions.
19.134.080 Findings and conditions.
19.134.090 Revocation, extensions, and
duration.
19.134.100 Reports.
19.134.010 Purposes.
This chapter is hereby enacted to provide for an
orderly process to review the architectural and site
designs of buildings, structures, signs, lighting, and
landscaping for prescribed types of land develop-
ment within the City in order to promote the goals
and objectives contained in the General Plan, to
protect and stabilize property values for the general
welfare of the City, to maintain the character and
integrity of neighborhoods by promoting high stan-
dards for development in harmony therewith, and by
preventing the adverse effects associated with new
construction by giving proper attention to the de-
sign, shape, color, materials, landscaping and other
qualitative elements related to the design of develop-
ments and thereby creating a positive and memora-
ble image of Cupertino. (Ord. 1778 § 1 (part), 1998)
19.134.020 Authority of the Planning
Commission.
Subject to the provisions of this chapter and to
the general purpose and intent of this title, the Plan-
ning Commission shall review the architectural and
site design, landscaping, signs, and lighting for new
development, redevelopment, or modification in
such zones where such review is required or when
required by a condition to a use permit, variance, or
any other entitlement of use. (Ord. 1778 § 1 (part),
1998)
19.134.030 Application for architectural and
site approval.
A. When architectural and site review is not part
of another application for development, a separate
application for such review shall be made by the
owner of record of property for which the approval
is sought.
B. The application shall be made to the Director,
on a form provided by the City, and shall contain
the following:
(1) A description and map showing the location
of the property for which the review is sought;
(2) Detailed plans as required by the Director
showing the proposed development or changes to
occur on the property;
(3) Such additional information as the Director
may deem pertinent and essential to the application.
C. Any such application for review shall be
accompanied by the fee prescribed by City Council
resolution, no part of which shall be refunded. (Ord.
1778 § 1 (part), 1998)
19.134.040 Action by the Director.
Unless otherwise provided by Section 19.04.090
regarding combined applications, the following
actions shall be taken by the Director to process an
application under this chapter.
Upon receipt of a complete application, the Direc-
tor shall, within thirty days from the date the appli-
cation is deemed complete, cause the application to
be agendized for consideration before the Planning
Commission at a regular or special meeting, unless
the application is diverted for administrative approv-
al, pursuant to Section 19.132.030. Consideration of
the application by the Planning Commission shall
commence within forty-five days of the date it is
set. (Ord. 1778 § 1 (part), 1998)
(Cupcrtino 5-98) 588-98
19.134.050
19.134.050 Notice of consideration.
A. Mailed written notice of consideration of any
application under this chapter by the Planning Com-
mission shall be given by the Director to all owners
of record of real property (as shown in the last
assessment roll) which abut the subject property
(including property directly opposite the subject
property and two abutting properties located across
a street, way, highway, or alley). Such 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.
Compliance with the notice provisions set forth
in this section shall constitute agood-faith effort to
provide notice, and the failure to provide notice, and
the failure of any person to receive notice, shall not
prevent the City from proceeding to consider or to
take action with respect to an application under this
chapter.
B. The notice of consideration shall contain the
following:
1. The exact address of the property, if known,
or the location of the property, if the address is not
known, and the existing zoning district or districts
applicable;
2. The time, date, place, and purpose of the
consideration;
3. A brief description, the content of which shall
be in the sole discretion of the City, of the proposed
project;
4. Reference to the application on file for partic-
ulars;
5. A statement that any interested person, or
agent thereof may appear and be heard.
Typographical errors in the notice shall not inval-
idate the notice nor any City action related thereto.
(Ord. 1778 § 1 (part), 1998)
19.134.060 Action by the Planning
Commission-Appeals.
At the time and place set for consideration of the
application, the Planning Commission shall consider
evidence for or against the application. Within a
reasonable time after conclusion of its consideration,
the Commission shall make findings and shall ren-
der a decision regarding the application which is
supported by the evidence contained in the applica-
tion or presented at the meeting. The decision of the
Planning Commission is subject to appeal as provid-
ed in Section 19.136.060. (Ord. 1778 § 1 (part),
1998)
19.134.070 Limitations regarding Planning
Commission decisions.
In its consideration of architectural and site appli-
cations, the Planning Commission is limited to
considering and rendering decisions solely upon the
issues described in Section 19.134.020 and is pre-
cluded from considering or rendering decisions
regarding other planning, zoning, or subdivision
issues with respect to the subject property unless
such application is combined with the appropriate
application or applications which address those
additional issues. (Ord. 1778 § 1 (part), 1998)
19.134.080 Findings and conditions.
A. The Planning Commission may approve an
application only if all of the following findings are
made:
(1) The proposal, at the proposed location, will
not be detrimental or injurious to property or im-
provements in the vicinity, and will not be detrimen-
tal to the public health, safety, general welfare, or
convenience;
(2) The proposal is consistent with the purposes
of this chapter, the general plan, any specific plan,
zoning ordinances, applicable conditional use per-
mits, variances, subdivision maps or other
entitlements to use which regulate the subject prop-
erty including, but not limited to, adherence to the
following specific criteria:
(a) Abrupt changes in building scale should be
avoided. A gradual transition related to height and
bulk should be achieved between new and existing
buildings.
(b) )n order to preserve design harmony between
new and existing buildings and in order to preserve
and enhance property values, the materials, textures
and colors of new buildings should harmonize with
adjacent development by being consistent or com-
588-99 (Cupertino 5-48)
19.134.080
patible with design and color schemes, and with the
future character of the neighborhood and purposes
of the zone in which they are situated. The location
height and materials of walls, fencing, hedges and
screen planting should harmonize with adjacent
development. Unsightly storage azeas, utility instal-
lations and unsightly elements of parking lots should
be concealed. The planting of ground cover or vari-
ous types of pavements should be used to prevent
dust and erosion, and the unnecessary destruction of
existing healthy trees should be avoided. Lighting
for development should be adequate to meet safety
requirements as specified by the engineering and
building departments, and provide shielding to pre-
vent spill-over light to adjoining property owners.
(c) The number, location, color size, height,
lighting and landscaping of outdoor advertising
signs and structures shall minimize traffic hazazds
and shall positively affect the general appearance of
the neighborhood and harmonize with adjacent
development.
(d) With respect to new projects within existing
residential neighborhoods, new development should
be designed to protect residents from noise, traffic,
light and visually intrusive effects by use of buffer-
ing, setbacks, landscaping, walls and other appropri-
ate design measures.
B. The Commission may impose reasonable
conditions or restrictions which it deems necessary
to secure the purposes of the General Plan, and this
title and to assure that the proposal is compatible
with existing and potential uses on adjoining proper-
ties. (Ord. 1778 § 1 (part), 1998)
19.134.090 Revocation, extensions, and
duration.
A. The revocation of any approval under this
chapter is governed under the same procedures as
described in Section 19.124.100 regarding revoca-
tion, extensions and duration.
B. An architectural and site approval application
granted under this chapter which has not been used
within two years following its approval, shall be-
come null and void and of no effect unless a shorter
time period is specifically prescribed by the condi-
tions of the approval. Such approval shall be
deemed to have been "used" when actual substantial
and continuous construction activity has taken place
upon the land pursuant to the approval.
C. The Planning Commission may extend such
time for a maximum of one additional yeaz only
upon application filed with the Director before the
expiration of the two-yeaz limit, or the expiration of
such limit as may be specified by the conditions of
approval.
D. All decisions related to revocation and exten-
sions of approvals contained in this section are
subject to the appeals procedure contained in Chap-
ter 19.136. (Ord. 1778 § 1 (part), 1998)
19.134.100 Reports.
The Director shall make written reports to the
City Council describing Planning Commission deci-
sions under this Chapter to be forwazded to the City
Council within five calendaz days from the date of
such decisions. (Ord. 1778 § 1 (part), 1998)
(Cupertino 5-98) 588-100
19.136.010
Chapter 19.136
APPEALS
Sections:
19.136.010 Appeal from the
determinations of the Director.
19.136.020 1N~ling procedure.
19.136.030 Hearing and notification.
19.136.040 Action by the Commission.
19.136.050 Action by the City Council.
19.136.060 Appeal from actions of
Commissions.
19.136.010 Appeal from the determinations
of the Director.
An appeal may be taken to the Planning
Commission by any person, firm or corporation
aggrieved or affected by any grant, denial, modifica-
tion or revocation of any permit, variance or
exception, or any determination or interpretation of
or by the Director of Community Development
related to any provision of this title. (Ord. 1601
Exh. A (part), 1992)
19.136.020 Filing procedure.
A. An appeal shall be in writing on forms pre-
scribed by the City and shall be filed during regular
office hours with the City Clerk within fourteen
calendar days after the mailing of notice of the City
decision or determination of the Director under this
title. An appeal not filed within such time shall be
barred. The appeal shall state the grounds thereof.
B. An appeal shall be subject to an appeal fee
as prescribed by resolution of the City Council.
(Ord. 1601 Exh. A (part), 1992)
19.136.030 Hearing and notification.
Upon notification and receipt of the appeal, a date
for public hearing before the Planning Commission
shall be set, which will be held within ninety days
from the date of the filing of the appeal. Notice of
hearing shall be given in the same manner as pro-
vided in Section 19.120.060 for notice of hearing by
the Director of Community Development. (Ord.
1601 Exh. A (part), 1992)
19.136.040 Action by the Commission.
Upon the date set for hearing, the Planning
Commission shall conduct a public hearing thereon,
unless, for cause, the Commission on that date con-
tinuesthe matter. Upon conclusion of the hearing on
the appeal, the Commission shall make findings and
recommend to the City Council that the decision of
the Director be affirmed, changed or modified, or,
in lieu thereof, make such other or additional recom-
mendations as it deems proper and shall submit the
determination in the form of a recommendation to
the City Council. (Ord. 1601 Exh. A (part), 1992)
19.136.050 Action by the City Council.
Upon receipt of the recommendation of the Plan-
ning Commission, the City Council shall consider
the appeal with thirty days of receipt of the recom-
mendation by the City Clerk. The City Council shall
conduct a public hearing on the matter. In conformi-
ty with the provisions of this title, the Council may
affirm or reverse, wholly or partly, or may modify
any decision, determination, or requirement recom-
mended by the Planning Commission, and may
make such decision or may impose such conditions
as the facts warrant with respect to the appeal and
the decision or determination of the Council shall be
final. Any permit or variance by the Council on
appeal shall be effective immediately. Notice of the
Council's decision shall be mailed to the original
applicant, to the person filing the appeal, and to any
other person who has filed a written request therefor
with the City Clerk. (Ord. 1601 Exh. A (part), 1992)
19.136.060 Appeal from actions of
Commissions.
An appeal may be taken to the City Council by
any person, firm or corporation aggrieved or affect-
ed by any final determination or decision of the
Planning Commission under the provisions of this
tifle. An appeal taken under this section shall be
processed by the City Clerk in the same manner as
provided in Section 19.136.020 and 19.136.030 of
588-100a (capacno s-9s>
19.136.060
this chapter. The time for appeal under this section
is fourteen calendar days from the mailing of the
notice of decision of the Planning Commission.
(Ord. 1630 (part), 1993; Ord. 1601 Exh. A. (part),
1992; Ord. 1601 Exh. A (part), 1992)
(Cupertino 5-98) 588-100b
ORDINANCE LIST
65 Amends Ord. 2, zoning (Not codified)
66 Speed limits (Repealed by 490)
67 Annexation (Special)
68 Amends Ord. 2, zoning (Not codified)
69 Number not used
70 Zoning (Not codified)
71 Zoning (Not codified)
72 Number not used
73 Zoning, repeals Ord. 71 (Not codified)
74 Amends Ord. 2, zoning (Not codified)
75 Amends Ord. 2, zoning (Not codified)
76 Transfer of duties from City Treasurer
(Repealed by 1705)
77 Framing lumber (Not codified)
78 Building code (Repealed by 203)
78(a) Amends Ord. 78, building code (Re-
pealed by 203)
78(b) Amends Ord. 78, building code (Re-
pealed by 203)
79 Electrical code (Repealed by 212)
80 Plumbing code (Repealed by 211)
80(a) Amends Ord. 80, plumbing code (Re-
pealed by 211)
80(b) Amends Ord. 80, plumbing code (Re-
pealed by 211)
81 Subdivisions (Not codified)
82 Moving buildings (16.36)
83 Annexation (Special)
84 Annexation (Special)
85 Amends Ord. 2, zoning (Not codified)
86 Amends Ord. 2, zoning (Not codified)
87 Amends Ord. 80, plumbing code (Re-
pealed by 211)
88 Amends Ord. 2, zoning (Not codified)
89 Regulation of signs (Repealed by 353)
89(a) Amends Ord. 89, regulations of signs
(Repealed by 353)
89(b) Regulations of signs (Repealed by 353)
90 Amends Ord. 2, zoning (Not codified)
91 Amends Ord. 2, zoning (Not codified)
92 Amends Ord. 2, zoning (Not codified)
93 Annexation (Special)
94 Control of dogs (Repealed by 565)
94
(Revised) Control of dogs (Repealed by 408)
95 Amends Ord. 2, zoning (Not codified)
96 Amends Ord. 2, zoning (Not codified)
97 Amends Ord. 2, zoning (Not codified)
98 Property tax for 1959-60 (Special)
99 Amends Ord. 2, zoning (Not codified)
100 Amends Ord. 2, zoning (Not codified)
101 Amends Ord. 2, zoning (Not codified)
102 Amends Ord. 2, zoning (Not codified)
103 Amends Ord. 2, zoning (Not codified)
104 Annexation (Special)
105 Amends Ord. 2, zoning (Not codified)
106 City Manager (2.28)
107 Water system (Repealed by 1776)
107(a) Amends Ord. 107, water system (Re-
pealed by 1776)
107(b) Amends Ord. 107, water system (Re-
pealed by 1776)
108 Amends Ord. 2, zoning (Not codified)
109 Amends Ord. 2, zoning (Not codified)
110 Amends Ord. 2, zoning (Not codified)
111 Amends Ord. 2, zoning (Not codified)
112 Fences (16.28)
113 Amends Ord. 2, zoning (Not codified)
114 Amends Ord. 2, zoning (Not codified)
115 Amends Ord. 2, zoning (Not codified)
116 Amends Ord. 2, zoning (Not codified)
117 Annexation (Special)
118 Subdivisions (Not codified)
119 Amends Ord. 2, zoning (Not codified)
120 Amends Ord. 2, zoning (Not codified)
121 Amends Ord. 89, sign regulations (Not
codified)
122 Water Commission (Repealed by 1082)
122(a) Amends Ord. 122, Water Commission
(Repealed by 1082)
123 Annexation (Special)
124 Amends Ord. 2, zoning (Not codified)
125 Trees (14.12)
126 Amends Ord. 2, zoning (Not codified)
127 Not adopted
128 Park and Recreation Commission (Re-
pealed by 303)
128(a) Amends Ord. 128, Park and Recreation
Commission (Repealed by 303)
129 Speed limits (Repealed by 490)
_°~91 (Cupertino 5-98)
TABLES
130
130(a)
131
132
133
134
135
136
137
138
139
140
141
142
143
143(a)
144
144
(Revised)
145
Obstructions of streets and highways
(14.08)
Amends Ord. 130, obstruction of streets
and highways (14.08)
Amends Ord. 2, zoning (Not codified)
Annexation election (Special)
Amends Ord. 2, zoning (Not codified)
Annexation (Special)
Amends Ord. 2, zoning (Not codified)
Amends Ord. 2, zoning (Not codified)
Stop signs (Repealed by 467)
Annexation (Special)
Swimming pools (16.32)
Subdivision grades (Repealed by 214
(a))
Trampoline centers (Not codified)
Taxes for 1960-61 (Special)
Garage spaces (Not codified)
Amends Ord. 143, garage spaces (Not
codified)
Zoning (Not codified)
Zoning, repeals Ord. 144 (Not codified)
Construction of swimming pools (Spe-
cial)
(Cupertino 5-98) 592
ORDINANCE LIST
579 Amends Ord. 130 § 1.5, street ob-
struction (Repealed by 600)
580 Amends Ord. 4 Art. 1, food definitions
(9.04)
581 Amends Ord. 475 § 2, agreements and
bonds (Title 18)
582 Repeals Ord. 381 § 3, trees (Repealer)
583 Amends Ord. 13 § 10, taxicabs (Re-
pealed by 866)
584 Amends Ord. 167 § 10, handbills
(10.52)
585 Amends Ord. 465 § 5, minors (Re-
pealed by 1665)
586 Amends Ord. 447 § 2, fireworks (Re-
pealed by 895)
587 Amends Ord. 214 (a) § 2.1, lot grades
(Repealed by 597)
588 Amends Ord. 47 (Revised) § 13.4, sub-
divisions (Title 18)
589 Amends Ord. 39 §§ 1, 7, auctioneers
(Repealed by 1705)
590 Amends Ord. 413 §§ 12, 13, abandoned
vehicles (11.04)
591 Amends Ord. 47(a) §§ 1.1, 2.1, hillside
subdivisions (18.16)
592 Amends Ord. 166 §§ 2, 3, explosives
(10.20)
593 (Missing)
594 Amends contract with California Public
Employees Retirement System (2.56)
595 (Missing)
596 Purchasing system; repeals Ords. 48
and 48(a) (Repealed by 1582)
597 Repeals Ord. 587, amends Ord. 214(a)
§ 2.1> street and sidewalk grades
(16.08)
598 Right of entry for inspection (Repealed
by 1675)
599 General provisions (1.04)
600 Repeals Ord. 579, amends Ord. 130 §
1.5, standard specifications (14.08)
601 Amends Ord. XII §§ 12:2.11.3 and
12:2.12.3, personnel, repeals §§
12:2.11.1, 12:2.13,12:2.13.1, 12:2.13.2,
12:2.13.3, 12:2.13.4 and 12:2.13.5 of
Ord. XII and Ord. 482 (2.52)
602 Adds Chapter 3.28, park dedication
(Repealed by 1202)
603 Adds Chapter 3.32, construction tax
(3.32)
604 Adopts Cupertino Municipal Code
(1.01)
605 Rezone (Special)
606 Prezone (Special)
607 Rezone (Special)
608 Park and recreation improvement bonds
(Special)
609 Prezone (Special)
610 Prezone (Special)
611 Amends Chapter 3.08, sales and use tax
(3.08)
612 Adds Chapter 8.05, noisy animals (Re-
pealed by 1022)
613 Rezone (Special)
614 Rezone (Special)
615 Rezone (Special)
616 Amends § 15.08.090A, water (Repealed
by 1776)
617 Amends retirement system contract
(Special)
618 Amends Ord. 2, zoning, repeals Ord.
2(0) (Repealed by 1601)
619 Prezone (Special)
620 Rezone (Special)
621 Adds Chapter 2.64, conflict of interests
(Repealed by 1106)
622 Amends § 10.1 of Ord. 533, parking
(Repealed by 824 and 843)
623 Rezone (Special)
624 Amends Ch. 16.32, swimming pools
(16.32)
625 Amends Ch. 16.20, Uniform Plumbing
Code (Repealed by 1708)
626 Amends Ch. 16.24, Uniform Mechani-
cal Code (Repealed by 1709)
627 Amends Ch. 16.04, Uniform Building
Code (Repealed by 1706)
628 Adds Ch. 16.40, Uniform Fire Code
(Repealed by 1711)
601 (Cupertino 5-98)
TABLES
629 Rezone (Special) 658 Amends § 13.11 and Exhibit A of Ord.
630 Rezone (Special) 492, bicycles (11.08)
631 Rezone (Special) 659 Amends § 10.1 of Ord. 533, parking
632 Amends §§ 10.24.010, 10.24.040, (Repealed by 824 and 843)
10.24.050 and 10.24.060, fireworks 660 Rezone (Special)
(Repealed by 895) 661 Rezone (Special)
633 Amends Ord. 490, speed limits (Not 662 Rezone (Special)
codified) 663 Amends §§ 5.3(a), 6.2(a), 7.5(a) of Ord.
634 Amends § 16.16.140, National Electri- 652, zoning (Not codified)
cal Code (Repealed by 1707) 664 Amends Ord. 220; repeals Ord. 220(e),
635 Rezone (Special) zoning (Repealed by 1601)
636 Rezone (Special) 665 Rezone (Special)
637 Amends Exhibit A of Ord. 467, stop 666 Prezone (Special)
controls (Not codified) 667 Amends § 16.04.060 of Ord. 627, Uni-
638 Prezone (Special) form Building Code (Repealed by 1706)
639 Prezone (Special) 668 Adds park and recreation to Ord. 002;
640 Prezone (Special) repeals Ord. 002(v), zoning (Repealed
641 Rezone (Special) by 1601)
642 Rezone (Special) 669 Rezone (Special)
643 Rezone (Special) 670 Amends § 13.04.190A, park closing
644 Amends Orris. 533 and 533 (b), stop- hours (13.04)
ping, standing and parking (Repealed 671 Rezone (Special)
by 824 and 843) 672 Prezone (Special)
645 Prezone (Special) 673 Amends §§ 2.08.030, 2.08.040,
646 Rezone (Special) 2.08.080, 2.08.090, 2.08.100; deletes §§
647 Rezone (Special) 2.08.050, 2.08.060, City Council meet-
648 Rezone (Special) ings (2.08)
649 Amends Exhibit A of Ord. 492, bicycle 674 Amends §§ 9.1, 10.4 of Ord. 220(n),
lanes (Not codified) zoning (Repealed by 991)
650 Amends §§ 2.20.020, 2.20.100, 675 Prezone (Special)
2.20.110, 2.24.010, 2.24.020, 2.24.030 676 Rezone (Special)
and 2.48.020; adds § 2.24.050; repeals 677 Rezone (Special)
§§ 2.20.040 and 2.20.090, treasury and 678 Rezone (Special)
fiscal duties (2.20, 2.24, 2.48) 679 Adds Ch. 2.68, Library Commission
651 Rezone (Special) (2.68)
652 Amends Ords. 2 (a) and 2(e)(1), zoning 680 Amends § 10.4 of Ord. 533, parking
(Repealed by 1601) (Repealed by 824 and 843)
653 Adds Ch. 10.45, nighttime deliveries to 681 Rezone (Special)
commercial establishments (Repealed 682 Rezone (Special)
by 1022) 683 Rezone (Special)
654 (Number not used) 684 Amends Ord. 490, speed limits (Not
655 Rezone (Special) codified)
656 Amends Ord. 353, signs (Not codified) 685 Adds Chapter 2.68, child care expense
657 Amends §§ 10.1, 10.2 of Ord. 533, for specific committee members (Re-
parking (Repealed by 824 and 843) pealed by 1697)
(Cupertno 5-98) 602
ORDINANCE LIST
685-A Amends Chapter 2.72, expense reim-
bursement (Repealed by 1697)
686 Amends §§ 16.28.010 and 16.28.020;
adds §§ 16.28.030 through 16.28.090,
fences (16.28)
687 Rezone (Special)
688 Amends § 10.1 of Ord. 533, stopping,
standing, parking (Repealed by 824 and
843)
689 Amends Exhibit A of Ord. 492, bicycle
lanes (Not codified)
690 Amends § 10.2 of Ord. 533, stopping,
standing, parking (Repealed by 824 and
843)
691 Rezone and prezone (Special)
692 Amends § 1.12.010, general penalty
(1.12)
693 (Number not used)
694 Rezone (Special)
695 (Not passed)
696 (Tabled without prejudice)
697 Rezone (Special)
698 Rezone (Special)
699 Prezone (Special)
700 Rezone and prezone (Special)
701 Amends § 2.52.060, personnel (2.52)
702 Amends Ord. 490, speed limits (Not
codified)
703 Amends Ch. 16.04, Uniform Building
Code (Repealed by 1706)
704 (Not enacted)
705 Amends § 2.28.040D, City Manager
(2.28)
706 Amends Ord. 533, parking prohibited
on certain streets (Repealed by 824 and
843)
707 Prezone (Special)
708 Amends Ch. 11.08, bicycles (11.08)
709 Amends Ord. 533, parking prohibited
on certain streets (Repealed by 824 and
843)
710 Adds (I) to § 13.04.020 and adds § §
13.04.201 and 13.04.202, park regula-
tions (13.04)
711 Rezone (Special)
712 Prezone (Special)
713 Rezone (Special)
714 Amends § 3.28.OSOC, reserve for parks
and recreational facilities (3.28)
715 Amends § 3.32.080, Construction Tax
Fund (3.32)
716 Rezone (Special)
717 Amends Ord. 533, parking restrictions
(Repealed by 824 and 843)
718 Rezone (Special)
719 Prezone (Special)
720 Amends § 8.08.200, dogs (8.08)
721 Amends § 2.16.020, Council salary
(2.16)
722 Amends § 16.32.040, safety require-
ments for City-owned bodies of water
(16.32)
723 Rezone (Special)
724 Amends Ch. 9.08, weed abatement
(9.08)
725 (Not enacted)
726 (Not enacted)
727 Rezone (Special)
728 Rezone (Special)
729 Rezone (Special)
730 Amends § 3.24.090, bidding procedures
(Repealed by 1582)
731 Rezone (Special)
732 Rezone (Special)
733 Prezone (Special)
734 Prezone (Special)
735 Amends § 6.4 of Ord. 652, zoning (Not
codified)
736 Adds § 16.04.115 to Ch. 16.04,
reroofing requirements (Repealed by
1706)
737 Amends Ch. 5.16, garage and patio sale
(5.16)
738 Rezone (Special)
739 Amends Ch. §§ 2.36.010, 2.36.020,
2.36.050, 2.36.080, Park and Recreation
Commission (2.36)
740 Amends § 8.08.240, dog license fees
(Repealed by 931)
741 Amends Chapter 11.08, bicycles (11.08)
603 (Cupertino 5-98)
TABLES
742 Rezone (Special)
743 Rezone (Special)
744 Prezone (Special)
745 Amends Ord. 490, speed limits (Not
codified)
746 Sign ordinance; repeals Ord. 353 and
Res. 1328 and 1329 (Title 17)
747 Amends § 10.24.020, fireworks permit
(Special)
748 Rezone (Special)
749 Rezone (Special)
750 Rezone (Special)
751 Rezone (Special)
752 Adds § 13.04.191 to Ch. 13.04, im-
poundment of vehicles in park after
closing (13.04)
753 Rezone (Special)
754 Amends § 13.04.190, closing hour regu-
lations (13.04)
755 Rezone (Special)
756 Amends Ch. 11.04, abandoned vehicles
(11.04)
757 Rezone (Special)
758 Amends § 11.04.020, abandoned vehi-
cles (11.04)
759 Rezone (Special)
760 Amends §§ 2.1, 5.111 and 5.112 of
Ord. 656, signs (Not codified)
761 Prezone (Special)
762 Rezone (Special)
763 (Denied)
764 Prezone (Special)
765 Rezone (Special)
766 Agreement between city and Califonua
Public Employees' Retirement System
(Special)
767 Amends portions of Ord. 723, rezone
(Special)
768 Amends § 6.18 and subsections 6.18.1
- 6.18.5, residential real estate signs
(Repealed by 746)
769 Amends § 10.1 of Ord. 533, parking
prohibited along certain streets (Re-
pealed by 824 and 843)
770 Amends § 6.5 of Ord. 652, zoning (Not
codified)
771 Adds §§ 5.16.041 and 5.16.042, gazage
sales (5.16)
772 Prezone (Special)
773 (Denied)
774 (Denied)
775 Rezone (Special)
776 Amends § 14.04.080, interest on pay-
ments for street improvements (14.04)
777 Adds Ch. 5.32, bingo (5.32)
778 Amends Ord. 2, zoning (14.18)
779 Amends Ord. 220 by adding provisions
concerning multiple-family residential
zones; repeals § 6.1 of Ord. 220, § 1.1
of Ord. 220(a)(1) and Ords. 002(k),
002(k)(2) and 002(g), zoning (Repealed
by 1601)
780 Amends Ord. 2, zoning (Repealed by
991)
781 Annexation (Special)
782 Adds § 16.08.231, amends § 16.08.230,
parking slabs and decks and retaining
walls (16.08)
783 Rezone (Special)
784 Rezone (Special)
785 Prezone (Special)
786 Prezone (Special)
787 Rezone (Special)
788 Rezone (Special)
789 (Tabled)
790 Amends § 15.08.020, water rates
(Repealed by 1776)
791 Interim zoning regulation establishing
a moratorium on conversion of apazt-
ments to condominiums (Not codified)
792 Amends Ord. 490, speed limits (Not
codified)
793 Amends § 18.16.250, off-tract storm
drainage fees (Title 18)
794 Adds Ch. 16.44, unsafe, dilapidated and
abandoned buildings (Repealed by
1777)
795 Prezone (Special)
796 Rezone (Special)
(CupeRino 5-98) 604
ORDINANCE LIST
797 Rezone (Special)
798 Adds paragraphs (f), (g), (h) and (i) to
Section 906 of the Uniform Plumbing
Code, special fixtures and specialties
(Repealed by 1708)
799 Prezone (Special)
800 Rezone (Special)
801 Rezone (Special)
802 Amends Ord. 220, zoning (Repealed by
1601)
803 Prezone (Special)
804 (Not adopted)
805 (Not adopted)
806 (Not adopted)
807 Amends subsection A of § 2.08.090,
City Council order of business (2.08)
808 Adds Ch. 3.25, sale of surplus supplies
and equipment (3.25)
809 Prezone (Special)
810 Adds §§ 5.20.015 and 5.20.150; amends
§ 5.20.110 and 5.20.140, peddlers and
solicitors (5.20)
811 Amends § 1.12.010 and 1.12.020, gen-
eral penalty (Repealed by 829 and 854)
812 Prohibition of certain types of construc-
tion on Saturdays, Sundays and holi-
days, and during certain hours on week-
ends (Repealed by 1022)
813 Amends Ord. 467, stop intersections
(Not codified)
814 Amends Ch. 16.16, National Electrical
Code (Repealed by 1707)
815 Prezone (Special)
816 Rezone (Special)
817 Amends Ord. 533, stopping, standing
and parking (Repealed by 824 and 843)
818 Amends §§ 3.24.070(A) and (B), and
3.24.080, contracts (Repealed by 1582)
819 Rezone (Special)
820 Prezone (Special)
821 Repeals and reenacts Ch. 15.20, sewer
systems (Repealed by 1776)
822 Amends § 2.08.080, Council business
(2.08)
823 Amends Exhibit A of Ord. 492, bicycle
lanes (Not codified)
824 Stopping, standing and parking; repeals
Ords. 491, 533, 533(a), 533(b), 533(c),
576, 622, 644, 657, 659, 680, 688, 690,
706, 709, 717, 769 and 817 (Repealed
by 853)
828 Amends Ord. 490, speed limits (Not
codified)
829 Amends § § 1.12.010 and 1.12.020, in-
fractions; repeals Ord. 811 (Repealed
by 854)
830 Amends Ch. 2.30, Code Enforcement
Officer (2.30)
831 Stopping, standing and parking on pri-
vate streets (11.26)
832 Adds Ch. 10.10, conduct in public
buildings (10.10)
833 Truck traffic routes; repeals Ord. 570
(11.32)
834 Amends § 16.16.100, permit fees (Re-
pealed by 1707)
836 Adds Ch. 10.82, license to sell con-
cealed weapons (Repealed by 1731)
842 Amends effective date of Ord. 823 (Re-
pealed by 853)
843 Stopping, standing and parking; repeals
Ords. 491, 533, 533(a), 533(b), 533(c),
576, 622, 644, 657, 659, 680, 688, 690,
706, 709, 717, 769 and 817 (11.24)
852 Amends § 16.28.040(B), fences (16.28)
853 Amends Exhibit A of Ord. 492, bicycle
lanes; repeals Ords. 824 and 842 (Not
codified)
854 Amends §§ 1.12.010 and 1.12.020, in-
fractions; repeals Ords. 811 and 829
(1.12)
860 Amends § 15.08.020, domestic water
service quantity rates (Repealed by
1776)
861 Adds Ch. 10.25, smoking regulation
(10.25)
863 Amends Exhibit A of Ord. 467, stop
intersections (Not codified)
865 Amends Ord. 843 § 12, penalty (11.24)
605 (Cupertino 5-98)
TABLES
866 Repeals Ch. 5.28 (Repealer)
873 Amends §§ 10.1 and 10.2 of Ord. 843,
parking (11.24)
880 Adds Ch. 10.56, trespassing upon park-
ing lots, shopping center property and
other property open to the public
(10.56)
882 Amends §§ 18.16.260, 18.16.270,
18.16.280, 18.16.290, 18.16.300 and
18.16.310, hillside subdivisions (Title
18)
883 Adds Ch. 5.28, taxicabs (5.28)
884 Adds Ch. 3.09, alternate sales and use
tax (Repealed by 1705)
886 Amends § 10.1 of Ord. 843, parking
(11.24)
891 Amends Ch. 16.20, plumbing code
(Repealed by 1708)
892 Amends Ch. 16.24, mechanical code
(Repealed by 1709)
893 Amends Ch. 16.04, building code (Re-
pealed by 1706)
894 Amends paragraph B of § 17.32.070,
real estate signs (17.32)
895 Repeals Ch. 10.24 (Repealer)
899 Amends § 11.24.150, parking (11.24)
900 Amends §§ 11.20.020 and 11.20.030,
vehicular stops (11.20)
901 Amends (2) of subsection A of §
15.08.090, subsections A and B of §
15.12.020, and subsections C and F of
§ 15.12.030, waterworks system (Re-
pealed by 1776)
902 Rezone (Special)
903 Adds paragraph F to § 11.24.040 and §
11.24.220; temporary parking (11.24)
904 Adds Ch. 11.36, closure of curbs and
medians to vehicular traffic (11.36)
905 Prezone (Special)
906 Condominium conversion provisions
(Repealed by 1601)
907 Amends § 2.12.010, publication of ordi-
nances (2.12)
908 Amends § 11.24.150, prohibited parking
(11.24)
909 Amends § 8.08.240, dog license fees
(Repealed by 931)
910 (Not enacted)
911 Amends public employees retirement
contract (Not codified)
912 Rezone (Special)
913 Prezone (Special)
914 Amends paragraphs B and C of §
10.82.020, license to sell concealed
weapons (Repealed by 1731)
915 Amends §§ 11.12.030 and 11.12.040,
speed limits (11.12)
916 Rezone (Special)
917 Rezone (Special)
918 Amends Ord. 575, zoning (Repealed by
1601)
919 Amends Ord. 779, zoning (Repealed by
1601)
920 Building security (Not passed)
921 Rezone (Special)
922 Amends § 10.45.020, operation of
ground-sweeping equipment (Repealed
by 1022)
923 Rezone (Special)
924 Adds Ch. 16.48, authorization of San
Jose representatives to enforce designat-
ed Cupertino provisions (Repealed by
1777)
925 Rezone (Special)
926 Repair and maintenance of sidewalks,
gutters and curbs, confirms assessments
to cover costs (Special)
927 Amends § 11.24.150, parking prohibi-
tion (11.24)
928 (Number not used)
929 Handicapped parking (Not codified)
930 Adds Ch. 6.28, franchises for commu-
nity antenna television systems (Re-
pealed by 1703)
931 Adds Ch. 8.08, animal and rabies con-
trol (Repealed by 1631)
932 Rezone (Special)
933 Rezone (Special)
934 Cable TV service for annexed area
(Special)
(Cupertino 5-98) 606
ORDINANCE LIST
935 (Number not used)
936 Amends § 11.28.070, parking regula-
tions (Repealed by 1301)
937 Repair and maintenance of sidewalks
(Special)
938 Amends §§ 11.16.030 and 11.16.040,
through streets and highways (Repealed
by 1731)
939 Amends § 11.12.030, establishes speed
limits (11.12)
940 Changes Gill Cable to Gill Industries in
Ord. 934 (Special)
941 Amends § 11.16.030, through streets
and highways (Repealed by 1731)
942 Amends § 11.20.030, stop intersections
(11.20)
943 Prezone (Special)
944 Rezone (Special)
945 Amends § 11.12.030, speed limits
(11.12)
946 Amends § 2.24.020, payments to City
(2.24)
947 (Not adopted)
948 Rezone (Special)
949 Rezone (Special)
950 Rezone (Special)
951 Adds Ch. 10.70, exhibition of drug
paraphernalia to minors (Repealed by
1731)
952 Rezone (Special)
953 Adds Ch 10.26, police alarm system
and device regulation (10.26)
954 Rezone (Special)
955 Amends § 11.12.030, prima facie speed
limits (11.12)
956 Prezone (Special)
957 Rezone (Special)
958 Prezone (Special)
959 Prezone (Special)
960 Rezone (Special)
961 Adds Ch. 10.21, newsracks (10.21)
962 (Not adopted)
963 Prezone (Special)
964 Permit regulation (Not codified)
965 Adds § 8.08.085; amends § § 8.08.040
and 8.08.090, animal and rabies control
(Repealed by 1631)
966 Rezone (Special)
967 Rezone (Special)
968 Amends § 8.08.160, animal impound-
ment and boarding fees (Repealed by
1631)
969 Rezone (Special)
970 Amends §§ 11.20.020 and 11.20.030,
stop intersections (11.20)
971 Amends §§ 11.24.150 and 11.24.160,
parking restrictions (11.24)
972 Amends Ord. 831, stopping, standing
and parking on private streets (11.26)
973 Rezone (Special)
974 Adds Ch. 5.36, automatic checkout sys-
tem (Repealed by 1705)
975 Amends § 11.20.020, stop intersections
(11.20)
976 Amends § 11.20.030, stop intersections
(11.20)
977 Amends § 2.16.020, City Council mem-
ber salaries (2.16)
978 Amends §§ 2.04.010, 2.04.030 and
2.08.090, City Council (2.04, 2.08)
979 Prezone (Special)
980 Amends § 11.24.150, parking prohibi-
tion (11.24)
981 (Number not used)
982 Rezone (Special)
983 Amends § 5.36.010, automatic checkout
system (Repealed by 1705)
984 Amends § 11.16.030, through streets or
highways (Repealed by 1731)
985 (Not adopted)
986 Amends subsection E of § 11.28.070,
parking regulations (Repealed by 1301)
987 Rezone (Special)
988 Rezone (Special)
989 Prezone (Special)
990 Prezone (Special)
991 Zoning, repeals Ords. 220(n), 674, 780
(Not codified)
f )Q7 (Cupertino 5-98)
TABLES
992 Amends § 11.24.150, parking prohibi- 1021 Rezone (Special)
tion (11.24) 1022 Adds Ch. 10.48, community noise con-
993 Amends § 11.24.150, parking prohibi- trol, repeals Chs. 8.05, 10.45 and Ord.
tion (11.24) 812, paragraph 115.1(a) (10.48)
994 Amends § 11.20.030, stop intersections 1023 Amends § 11.12.030, speed limits
(11.20) (11.12)
995 Amends § 10.45.030, nighttime vehic- 1024 Adds Ch. 10.24, fireworks (10.24)
ular delivery or pickups at commercial 1025 Amends § 11.24.150, parking (11.24)
establishments (10.45) 1026 Adds § 2.04.040, council vacancies
996 Amends § 11.24.160, parking restric- (2.04)
tions (Repealed by 999) 1027 Adds §§ 11.04.150, 11.04.160,
997 Rezone (Special) 11.04.170 and 11.04.180; and amends
998 Rezone (Special) §§ 11.04.090, 11.04.110, 11.04.120,
999 Amends § 11.24.160, parking restric- 11.04.130 and 11.04.140, abandoned
tions; repeals Ord. 996 (11.24) vehicles (11.04)
1000 Amends § 11.20.020, stop intersections 1028 Prezone (Special)
(11.20) 1029 Prezone (Special)
1001 Amends § 11.24.150, parking prohibi- 1030 Prezone (Special)
tion (11.24) 1031 Prezone (Special)
1002 Adds Ch 16.48, flood damage preven- 1032 Rezone (Special)
tion (16.52) 1033 Rezone (Special)
1003 Rezone (Special) 1034 Amends § 15.16.050, Water Commis-
1004 Rezone (Special) sion meetings (Repealed by 1082)
1005 Rezone (Special) 1035 Adds § 87.1 to Ord. 220(1), zoning (Not
1006 Prezone (Special) codified)
1007 Amends § 11.24.160, parking restric- 1036 Prezone (Special)
tions (11.24) 1037 Prezone (Special)
1008 Adds Ch. 10.49, intoxicating liquors in 1038 Rezone (Special)
public places (10.49) 1039 Rezone (Special)
1009 Amends subsection Kl of § 15.20.050, 1040 Rezone (Special)
private sewage disposal systems 1041 Amends § 11.20.020, stop signs (11.20)
(Repealed by 1776) 1042 Prezone (Special)
1010 Adds Ch 11.30, traffic regulation in 1043 Prezone (Special)
downtown area (11.30) 1044 Not enacted
1011 Prezone (Special) 1045 Prezone (Special)
1012 Prezone (Special) 1046 Prezone (Special)
1013 Prezone (Special) 1047 Prezone (Special)
1014 Rezone (Special) 1048 Prezone (Special)
1015 Amends § 2.04.010, City Council meet- 1049 Prezone (Special)
ing time (2.04) 1050 Prezone (Special)
1016 Rezone (Special) 1051 Prezone (Special)
1017 Prezone (Special) 1052 Prezone (Special)
1018 Prezone (Special) 1053 Prezone (Special)
1019 Prezone (Special) 1054 Prezone (Special)
1020 Prezone (Special)
(Cupertino 5-98) 608
ORDINANCE LIST
1055 Adds Ch. 11.31, parking on city prop-
erty (11.31)
1056 Amends § 5.04.200, business licenses
(5.04)
1057 (Not enacted)
1058 Amends § 11.24.150, parking (11.24)
1059 Amends § 2.20.020, recordkeeping of
City fmances; repeals § 2.20.060 (2.20)
1060 Amends § 3.24.020, Purchasing Officer
(Repealed by 1582)
1061 Amends § 3.25.020, Surplus Sales Offi-
cer (3.25)
1062 Amends § 3.28.050, fees in lieu of land
dedication (Repealed by 1202)
1063 Amends § 3.32.060, construction tax
(3.32)
1064 Amends subsection D of § 2.28.040,
City Manager (2.28)
1065 Adds subsection F to § 2.48.020;
amends subsection A of § 2.48.020,
departmental organization (2.48)
1066 Amends § 10.48.062, nighttime deliver-
ies and pickups (10.48)
1067 Amends § 11.12.030, speed limits
(11.12)
1068 Amends Exhibit A of § 11.08.290,
bicycle lanes (11.08)
1069 Amends § 11.24.150, parking (11.24)
1070 Amends § 11.20.030, stop intersections
(11.20)
1071 Amends Exhibit A of § 11.08.290,
bicycle lanes (11.08)
1072 Amends § 11.24.150, parking (11.24)
1073 Amends § 11.20.020, vehicular stop
(11.20)
1074 Amends § 11.24.160, parking (11.24)
1075 Amends § 16.08.230, retaining wall
construction (16.08)
1076 Amends §§ 6.28.010, 6.28.045,
6.28.060, 6.28.070, 6.28.100, 6.28.110,
6.28.180, 6.28.190, 6.28.246 and
6.28.260, CATV franchise (Repealed by
1703)
1077 Rezone (Special)
1078 Amends § 11.20.020, vehicular stop
(11.20)
1079 Amends paragraph 5 of § 5.1 of Ord.
831, parking on private streets (11.26)
1080 Amends § 11.16.030, through streets
(Repealed by 1731)
1081 Prezone (Special)
1082 Repeals Ch. 15.16 (Repealer)
1083 Adds § 2.36.110; amends § 2.36.010,
Parks and Recreation Commission
(2.36)
1084 Prezone (Special)
1085 Amends Ch. 16.04, building code (Re-
pealed by 1706)
1086 Amends Ch. 16.20, plumbing code
(Repealed by 1708)
1087 Amends Ch. 16.16, electrical code
(Repealed by 1707)
1088 Adds Ch. 16.40, fire code (Repealed by
1711)
1089 Rezone (Special)
1090 Adds Ch 2.74, Cable Television Ad-
visory Committee (2.74)
1091 Rezone (Special)
1092 Rezone (Special)
1093 Amends Ch. 3.24, purchase of supplies
and equipment (Repealed by 1582)
1094 Amends Ch 14.04, street improvements
(14.04)
1095 Amends § 11.20.020, vehicular stop
(11.20)
1096 Amends § 11.28.070, parking in private
areas (Repealed by 1301)
1097 Amends § 11.24.150, parking (11.24)
1098 Rezone (Special)
1099 (Not passed)
1100 Adds Ch. 2.38, Energy Commission
(Repealed by 1581)
1101 Amends § 11.31.020, parking on city
property (11.31)
1102 Medfly spraying (Special)
1103 Rezone (Special)
1104 Prezone (Special)
fj(~ (Cupertino 5-98)
TABLES
1105 Amends contract between City Council 1134 Amends Chapter 16.12, preliminazy
and Public Employees' Retirement Sys- soils report (16.12)
tem (Special) 1135 Amends §§ 11.24.160, pazking (11.24)
1106 Repeals Ch. 2.64 (Repealer) 1136 Amends Ord. 652, zoning (Repealed by
1107 Adds subsections 28 and 29 to § 10.48- 1601)
.010, community noise control (10.48) 1137 Amends § 15.08.020, metered water
1108 (Not enacted) service (Repealed by 1776)
1109 Repeals § 16.40.090, fire code (Repeal- 1138 Adds H to §§ 11.26.110, pazking
er) (11.26)
1110 Rezone (Special) 1139 Rezone (Special)
1111 Amends Ch. 10.24, fireworks (10.24) 1140 Amends § 11.24.150, parking (11.24)
1112 Rezone (Special) 1141 Amends § 11.28.070, parking (Repealed
1113 Amends Ch. 16.40, fire code (Repealed by 1301)
by 1711) 1142 Rezone (Special)
1114 Prezone (Special) 1143 Amends Ch. 16.08, excavations, grading
1115 Amends § 11.24.150, vehicles and and retaining walls (16.08)
traffic (11.24) 1144 Rezone (Special)
1116 Amends §§ 8.08.040, 8.08.080, 1145 Rezone (Special)
8.08.085, 8.08.100, 8.08.220, 8.08.270 1146 Rezone (Special)
and 8.08.330, animal and rabies control 1147 Amends contract with Boazd of Admin-
(Repealed by 1631) isttation of California Public Employees
1117 Adds Ch. 5.40, secondhand dealers Retirement System (Not codified)
(5,40) 1148 Amends § 11.24.150, parking prohibi-
1118 Amends §§ 11.24.150 and 11.24.160, tions (11.24)
vehicles and traffic (11.24) 1149 Amends § 10.48.062, noise control
1119 Adds § 2.08.135, city council (2.08) (10.48)
1120 Rezone (Special) 1150 Date of municipal elections (Superseded
1121 Rezone (Special) by 1164)
1122 Rezone (Special) 1151 Amends §§ 11.24.150 and 11.24.160,
1123 Rezone (Special) parking prohibitions (11.24)
1124 Amends §§ 11.24.150 and 11.24.160, 1152 Amends §§ 11.24.150 and 11.24.160,
vehicles and traffic (11.24) parking prohibitions (11.24)
1125 Rezone (Special) 1153 Rezone (Special)
1126 Rezone (Special) 1154 Rezone (Special)
1127 Rezone (Special) 1155 Amends § 11.24.150, parking prohibi-
1128 Rezone (Special) tions (11.24)
1129 Amends §§ 11.24.150, pazking (11.24) 1156 Amends § 11.20.020, stops (11.20)
1130 Amends §§ 11.20.020 and 11.20.030, 1157 Prezone (Special)
stop signs (11.20) 1158 Rezone (Special)
1131 Amends Ord. 220(1), zoning (Repealed 1159 Prezone (Special)
by 1601) 1160 Rezone (Special)
1132 Rezone (Special) 1161 Rezone (Special)
1133 Amends § 2.08.090, order of business 1162 Rezone (Special)
at city council meetings (2.08) 1163 Amends § 11.24.170, parking (11.24)
(Cupertino 5-98) 610
ORDINANCE LIST
1164 Supersedes Ord. 1150; date of general
municipal elections (2.76)
1165 Rezone (Special)
1166 Amends §§ 2.32.020, 2.36.020,
2.44.040, 2.60.020, 2.68.020 and
2.74.020, appointments to advisory
bodies (2.32, 2.36, 2.60, 2.68, 2.74)
1167 Amends § § 2.32.040, 2.36.040,
2.38.040, 2.44.040, 2.60.040, 2.68.040
and 2.74.040, officers of advisory bod-
ies (2.32, 2.36, 2.60, 2.68, 2.74)
1168 Adds §§ 16.40.165, 16.40.166 and
16.40.180, smoke detection devices
(Repealed by 1711)
1169 Rezone (Special)
1170 Amends § 11.24.150, parking (11.24)
1171 Prezone (Special)
1172 Amends §§ 11.24.150 and 11.24.160,
stopping, standing and parking (11.24)
1173 Amends § 11.08.290, bicycle lanes
(11.08)
1174 Prezone (Special)
1175 Adds Ch. 15.30, cross-connections and
backflow protection (Repealed by 1776)
1176 Extends Ch. 10.26, police alarm sys-
tems (Special)
1177 Rezone (Special)
1178 Amends § 11.24.150, pazking restric-
tions (11.24)
1179 Adds §§ 5.08.110, 5.40.070, 16.44.150
and 16.52.016; amends §§ 1.12.010,
3.08.170, 3.09.170, 3.12.140, 5.04.560,
5.16.070, 5.24.150, 6.24.220, 8.04.150,
9.04.130, 10.10.030, 10.28.020,
10.46.070, 10.48.012, 10.52.090,
10.68.060, 10.76.020, 11.26.130,
11.28.060, 11.32.090, 13.04.240,
14.08.100, 14.20.120, 16.28.080,
16.32.080 and 18.24.080, penalties;
repeals § 18.1 of Ord. 002(4), § 7.1 of
Ord. 276, and § 16.04.160 (1.12, 3.08,
3.12, 5.04, 5.16, 5.40, 9.04, 10.10,
10.48, 10.52, 10.76, 11.26, 11.28,
11.32, 13.04, 14.08, 14.20, 16.28,
16.32, 16.52, Title 18)
1180 Date of general elections (Repealed by
1697)
1181 Amends § 11.20.030, all-directional
vehicular stop (11.20)
1182 Rezone (Special)
1183 Rezone (Special)
1184 Rezone (Special)
1185 Rezone (Special)
1186 Repeals subsection (k) of § 15.12.080,
waterworks system (Repealed by 1776)
1187 Amends § 3.12.030, transient occupan-
cy tax (3.12)
1188 Amends §§ 8.08.070 and 8.08.200, ani-
mal control (Repealed by 1631)
1189 Adds §§ 8.08.391 and 8.08.392; amends
§§ 8.08.040, 8.08.380, 8.08.390,
8.08.400, 8.08.420 - 8.08.480, animal
control (Repealed by 1631)
1190 (Not used)
1191 Extends expiration date of Ch. 10.26,
police alarm systems and devices
(10.26)
1192 Amends § 2.08.090, city council meet-
ings (2.08)
1193 (Not adopted)
1194 Rezone (Special)
1195 Prezone (Special)
1196 Amends § 11.32.090, truck traffic
routes (11.32)
1197 Adds Ch. 11.27, permit pazking zone
(11.27)
1198 Rezone (Special)
1199 Adds § 2.44.120, azchitectural and site
approval committee (Repealed by 1630)
1200 Amends § 16.12.020, preliminary soil
report (16.12)
1201 Rezone (Special)
1202 Amends Title 18, subdivisions (Title
18)
1203 Amends §§ 11.24.150 and 11.24.160,
parking (11.24)
1204 Adds to § 11.20.020, stop intersections
(11.20)
1205 (Not enacted)
1206 Rezone (Special)
b l 1 (Cupertino 5-98)
TABLES
1207 Amends §§ 10.26.080, 10.26.090 and 1237 Amends Ords. 881 and 991, zoning
10.26.140 and repeals § 10.26.180, po- (Not codified)
lice alarms (10.26) 1238 RHS zone (Repealed by 1450)
1208 Adds subsection F to § 17.32.100 and 1239 Prezone (Special)
§ 17.08.085; amends § 17.32.070; signs 1240 R1 zone (Repealed by 1374)
(17.08, 17.32) 1241 Amends § 5.28.170, taxi driver permits
1209 Rezone (Special) (5.28)
1210 Amends subsection A of § 3.12.030, 1242 Rezone (Special)
transient occupancy tax (3.12) 1243 Amends § 11.12.030, speed limits
1211 Amends Ch. 11.30, traffic in downtown (11.12)
area (11.30) 1244 Amends Ch. 9.12, hazardous materials
1213 Amends § 2.32.050, planning commis- storage (9.12)
sion (2.32) 1245 Amends §§ 11.24.150 and 11.24.160,
1215 Adds § 8.08.255, rabies control (Re- parking (11.24)
pealed by 1631) 1246 (Not used)
1217 Amends § 15.08.020, water rates 1247 Amends § 15.08.020, water rates
(Repealed by 1776) (Repealed by 1776)
1218 Adds to § 11.24.150, parking (11.24) 1248 Amends zoning application (Special)
1219 Amends § 2.12.040, ordinance passage 1249 Prezone (Special)
(2,12) 1250 Amends zoning application (Special)
1220 Adds Ch. 9.12, hazardous materials 1251 Amends §§ 3.08.120 and 3.08.130,
storage (9.12) sales and use tax (3.08)
1221 Amends § 11.24.150, stopping, standing 1252 Amends subsections B and C of §
and parking (11.24) 9.12.032, hazardous materials storage
1222 (Not enacted) (9.12)
1223 Rezone and prezone (Special) 1253 Amends § 9.12.031, subsections D and
1224 Adds § 3.32.045; amends §§ 3.32.020, E of § 9.12.032 and § 9.12.088, hazard-
3.32.040, 3.32.050, 3.32.070, 3.32.080 ous materials storage (9.12)
and 3.32.100, construction tax (3.32) 1254 (Not adopted)
1225 Amends § 2.12.020, ordinance and 1255 Amends § 5.32.080, bingo (5.32)
resolution passage (2.12) 1256 Adds Title 20, development agreement
1226 Amends § 11.20.020, stop intersections (19.116)
(11.20) 1257 Amends §§ 8.08.080C and 8.08.490,
1227 Rezone (Special) animal and rabies control (Repealed by
1228 Renumbers § 11.08.300 to § 11.08.310; 1631)
adds new § 11.08.300; amends § 1258 Rezone (Special)
11.08.290, bicycles (11.08) 1259 Amends § 2.08.090A, council meetings
1229 Rezone (Special) (2.08)
1230 Rezone (Special) 1260 Rezone (Special)
1231 Prezone (Special) 1261 Amends § 11.20.030, stop signs (11.20)
1233 Amends Ch. 2.74, Cable Television 1262 Zoning (Special)
Advisory Committee (2.74) 1263 Adds Ch. 1.09, nuisance abatement
1235 Adds Ch. 9.16, mosquito abatement (1.09)
(Repealed by 1722) 1264 Amends § 11.24.160, parking restric-
1236 Rezone (Special) tions (11.24)
~cuP~~o s-9a~ 612
ORDINANCE LIST
1265 Amends § 11.24.160, parking restric-
tions (11.24)
1266 Amends § 11.24.150, parking (11.24)
1267 Amends §§ 11.32.010 and 11.32.050,
truck routes (11.32)
1268 Amends § 11.20.030, stop signs (11.20)
1269 Rezone (Special)
1270 Rezone and prezone (Special)
1271 Amends Ch. 10.24, fireworks (10.24)
1272 Amends Ch. 10.24, fireworks (10.24)
1273 (Not adopted)
1274 Rezone (Special)
1275 Rezone (Special)
1276 Amends §§ 11.24.150, 11.24.160 and
11.24.170, parking (11.24)
1277 Repealing certain zoning ordinances and
establishing pazking regulations (Re-
pealed by 1601)
1278 Amends §§ 10.48.014 and 10.48.053,
community noise control (10.48)
1279 Adds § 8.08.505, adoption of animals
(8.08)
1280 Amends §§ 2.74.010 through 2.74.030,
cable television advisory committee
(2.74)
1281 Amends § 2.16.020, council salaries
(2.16)
1282 Rezone (Special)
1283 Amends Ord. 652, zoning (Not codi-
fied)
1284 Amends Ord. 618, zoning (Not codi-
fied)
1285 Amends § 11.24.150, parking (11.24)
1286 Amending Article 10 of Title 18 and §§
18-1.1001-18-1.1006, merger of sub-
division pazcels (Title 18)
1287 Rezone (Special)
1288 Interim zoning for general commercial
zones (Not codified)
1289 Amends portion of § 11.24.150, stop-
ping, standing and parking (11.24)
1290 Amends Ord. 1288 to extend termina-
tion date, interim zoning (Not codified)
1291 Rezone (Special)
1292 Amends § 2.08.080 (A) and (C), city
council meeting rules (2.08)
1293 Rezone (Special)
1294 Amends Ch 10.25, smoking restrictions
in public places (10.25)
1295 Amends general commercial zone; re-
peals Ord. 220(j), zoning (Not codified)
1296 Amends § 15.08.020, water rates
(Repealed by 1776)
1297 Adds language to § 11.20.030, stop
intersections (11.20)
1298 Rezone (Special)
1299 Rezone (Special)
1300 Adds § 8.08.155, animals in motor
vehicles (Repealed by 1631)
1301 Repeals § 11.28.070, parking (Repealer)
1302 Amends § 11.24.150, stopping, standing
and parking (11.24)
1303 Amends § 3.08.020, sales use tax (3.08)
1304 Amends § 11.24.150, prohibited parking
(11.24)
1305 Amends § 1 of Ord. 2, zoning applica-
tion (Special)
1306 Adds Ch 2.78, landlord-tenant media-
tion (2.78)
1307 Rezone (Special)
1308 Amends Ch. 16.04, building code
(16.04)
1309 Amends Ch. 16.40, fire code (Repealed
by 1711)
1310 Amends Ch. 16.20, plumbing code
(Repealed by 1708)
1311 Amends Ch. 16.24, mechanical code
(Repealed by 1709)
1312 Amends Ch. 16.16, electrical code
(Repealed by 1707)
1313 Adds § 11.26.140, parking (11.26)
1314 Business license tax amnesty (Not codi-
fied)
1315 Rezone (Special)
1316 Rezone (Special)
1317 Amends Ord. 1165, rezone (Special)
1318 Rezone (Special)
1319 Rezone (Special)
ii13 cc~P~~o s-9s>
TABLES
1320 Amends §§ 17.08.280,17.16.010(f) and 1347 Vesting tentative maps (Title 18)
17.32.120; repeals and replaces § 1348 Amends § 11.24.180, diagonal parking
17.32.040, signs (17.08, 17.16, 17.32) (11.24)
1321 Amends § § 2.32.020, 2.32.040, 1349 Rezone (Special)
2.36.020, 2.36.040, 2.38.020, 1350 Adds § 16.04.056, spark arrestors (Re-
2.38.040(A), 2.44.040, 2.60.020, pealed by 1706)
2.60.040, 2.68.020, 2.68.040 and 1351 Amends § 11.24.150, parking (11.24)
2.74.020, terms of office (2.32, 2.36, 1352 Amends § 16.40.080B, fire code (Re-
2.60, 2.68, 2.74) pealed by 1711)
1322 Adds Ch. 11.10, off-street vehicles 1353 Amends § 16.32.OSON, swimming pools
(11.10) (16.32)
1323 Rezone (Special) 1354 Rezone (Special)
1324 Rezone (Special) 1355 Amends § 15.08.020, water service
1325 Amends § 11.24.150, parking (11.24) (Repealed by 1776)
1326 Prezone (Special) 1356 Amends § 12 of Ord. 1240, moratorium
1327 Rezone (Special) of extensions along building lines (Spe-
1328 Adds §§ 18-1.503, 18-1.503.1, vial)
18-1.503.2, 18-1.503.3 and 18-1.503.4, 1357 Amends § 11.24.150, parking (11.24)
subdivisions (Title 18) 1358 Rezone (Special)
1329 Amends § 2.08.090A, city council 1359 Rezone (Special)
meetings (2.08) 1360 Amends § 16.16.OSOAS, electrical code
1330 Prezone (Special) (Repealed by 1707)
1331 Rezone (Special) 1361 Amends Ch. 16.04, building code (Re-
1332 Rezone (Special) pealed by 1706)
1333 Rezone (Special) 1362 Amends Ch. 16.24, mechanical code
1334 Rezone (Special) (Repealed by 1709)
1335 Prezone (Special) 1363 R1 Zone (Not codified)
1336 Prezone (Special) 1364 Rezone (Special)
1337 Rezone (Special) 1365 Amends § 11.20.020, vehicles and
1338 Amends § 11.24.150, prohibited parking traffic (11.20)
(11.24) 1366 Amends Ch. 16.20, Uniform Plumbing
1339 Amends §§ 11.20.020 and 11.20.030, code (Repealed by 1708)
vehicles and traffic (11.20) 1367 Amends § 3.24.070G, purchasing (Re-
1340 Amends § 11.24.180, diagonal parking pealed by 1582)
(11.24) 1368 Rezone (Special)
1341 Amends § 3.12.030A, transient occu- 1369 Amends § 11.24.160, parking (11.24)
pancy tax (3.12) 1370 Adds § 3.24.065, purchasing (Repealed
1342 Rezone (Special) by 1582)
1343 Rezone (Special) 1371 Adds § 2.20.040, city clerk (2.20)
1344 Repeals Ord. 220(j) (Repealed by 1601) 1372 Amends § 10.52.010, handbills and
1345 Trucks and trailers; repeals Ord. 276 advertisements (10.52)
(11.29) 1373 Adds § 9.12.043, amends §§
1346 Amends §§ 11.28.010, 11.28.020 and 9.12.041(3)(a)(iii), 9.12.042(A) and Art.
11.28.030, miscellaneous parking V of Ch. 9.12, and repeals §
(11.28) 9.12.011(B), hazardous materials (9.12)
(Cupertino 5-98) 614
ORDINANCE LIST
1374 R1 Zone; repeals Ord. 1240 (Repealed 16.40.080, Uniform Fire Code (Re-
by 1449) pealed by 1711)
1375 Creation of easements (Not codified) 1400 Amends § 3.12.030(A), transient occu-
1376 Rezone (Special) pancy tax (3.12)
1377 Amends § 10.52.070, handbills and 1401 Adds Ch. 2.80, fine arts commission
advertisements (10.52) (2.80)
1378 Adds § 2.08.095, city council meetings 1402 Amends § 2.16.010, salaries of city
(2.08) council members (2.16)
1379 Amends entirety of Ch 16.16, electric 1403 Amends Chs. 15.04, 15.08 and 15.12,
code (Repealed by 1707) water and sewage (Repealed by 1776)
1380 Amends § 11.24.140, parking (11.24) 1404 Rezone (Special)
1381 Amends Ch. 11.08, bicycles (11.08) 1405 Amends §§ 11.24.150 and 11.24.170,
1382 Amends § 18-1.1001, subdivisions parking regulations (11.24)
(Title 18) 1406 Amends § 11.20.030, stop signs (11.20)
1383 Amends § 10.52.010, distribution of 1407 Rezone (Special)
commercial advertising (10.52) 1408 Adds § 11.24.230, parking prohibitions
1384 Amends entirety of Title 18, subdivi- (11.24)
sions (18.04,18.08,18.12,18.16,18.20, 1409 Amends § 11.24.150, parking prohibi-
18.24, 18.28, 18.32, 18.36, 18.40, tions (11.24)
18.44, 18.48) 1410 Amends §§ 6.5 and 7.6 of Ord. 652 and
1385 Rezone (Special) repeals § 7.6, zoning (Repealed by
1386 Amends § 5.32.290, bingo licenses 1601)
(5.32) 1411 Rezone (Special)
1387 Adds § 6.24.061, containers stored in 1412 Amends Ch. 16.52 in its entirety, flood
trash enclosures (6.24) damage prevention (16.52)
1388 Amends § 11.24.150, traffic (11.24) 1413 Adds § 11.36.070, traffic (11.36)
1389 Amends Ch 16.56, Uniform Housing 1414 Adds §§ 2.365 and 8.12 to Ord. 746;
Code (Repealed by 1710) repeals and replaces §§ 3.02, 6.03.4,
1390 Amends §§ 11.24.150 and 11.24.160, 7.05, 7.12, 8.08, 8.10, 8.11 and 10.03,
traffic (11.24) signs; repeals § 8.01 of Ord. 746 (Title
1391 Amends § 11.20.020, traffic (11.20) 17)
1392 Amends § 11.24.160, traffic (11.24) 1415 Rezone (Special)
1393 Amends § 2.08.090(A), city council 1416 Adds § 11.24.240, blocking of intersec-
order of business (2.08) tions (11.24)
1394 Amends §§ 11.24.030 and 11.24.140, 1417 Adds Ch. 11.09, pedestrians (11.09)
traffic (11.24) 1418 Rezone (Special)
1395 Amends § 11.24.150, traffic (11.24) 1419 Amends §§ 11.24.150 and 11.24.170,
1396 Amends condition 16 of Ord. 952 and stopping, standing and parking (11.24)
repeals condition 17 of Ord. 816, re- 1420 Amends Ch. 11.08, bicycles (11.08)
zone (Special) 1421 Creates redevelopment agency (Not
1397 Amends § 11.24.150, traffic (11.24) codified)
1398 Rezone (Special) 1422 Amends § 11.24.160, stopping, standing
1399 Amends §§ 16.40.010, 16.40.020, and parking (11.24)
16.40.030, 16.40.040, 16.40.060 and 1423 Amends § 11.24.150, stopping, standing
and parking (11.24)
ti 14-1 (Cupertino 5-98)
TABLES
1424 Rezone (Special) 1451 Amends Ord. 220; repeals Ord. 220(1),
1425 Amends Condition 16 of zoning action zoning (Repealed by 1601)
2-2-83 (Special) 1452 Amends Ord. 220; repeals Ord. 220(1),
1426 Beverage container redemption and zoning (Repealed by 1601)
recycling centers (19.40) 1453 Amends Ord. 220; repeals § 5 of Ord.
1427 Amends § 11.24.160, parking (11.24) 1238 and § 5 of Ord. 1374, zoning (Not
1428 Amends § 11.24.150, parking (11.24) codified)
1429 Amends §§ 11.20.020 and 11.20.030, 1454 Amends § 11.24.150, prohibited parking
stop intersections (11.20) (11.24)
1430 Adds Ch. 11.34, roadway design fea- 1455 Amends § 11.24.150, prohibited parking
tares (11.34) (11.24)
1431 Adds § 16.32.040(B) and reletters sub- 1456 Rules governing effectiveness of zoning
Sequent subsections, swimming pool standards established by Ords. 1438,
safety requirements (16.32) 1449, 1450 and 1453, zoning (Not codi-
1432 Amends § 2.60.010, public safety corn- Pied)
mission (2.60) 1457 Amends § 2.08.090(A), order of busi-
1433 Amends §§ 18-1.401.5 and 18-1.501.7, ness at City Council meetings (2.08)
subdivisions (18.16, 18.20) 1458 Special election on bond issuance for
1434 Rezone (Special) park, recreational and open space im-
1435 Rezone (Special) provements (Special)
1436 Rezone (Special) 1459 Amends §§ 2.32.010 and 2.32.020,
1437 Amends § 5.20.015, peddlers and solici- Planning Commission (2.32)
tors; repeals § 5.20.070 (5.20) 1460 Amends §§ 2.36.010 and 2.36.020,
1438 Establishes interim zoning standards for Parks and Recreation Commission
the Rl and RHS zones (Not codified) (2.36)
1439 Amends § 11.24.150, parking (11.24) 1461 Amends §§ 2.38.010 and 2.38.020,
1440 Establishes interim zoning standards for Energy Commission (Repealed by
the Rl and RHS zones (Not codified) 1581)
1441 Amends § 16.04.010, 16.04.030, 1462 Amends § 2.44.040, Architectural and
16.04.060, 16.04.062, 16.16.030, Site Approval Committee (Repealed by
16.20.030 and 16.24.060, uniform codes 1630)
(Repealed by 1709) 1463 Amends §§ 2.60.010 and 2.60.020, Pub-
1442 (Not enacted) lic Safety Commission (2.60)
1443 Temporary parking restriction (Special) 1464 Amends §§ 2.68.010 and 2.68.020, Li-
1444 (Failed) brary Commission (2.68)
1445 Amends §§ 11.20.020 and 11.20.030, 1465 Amends §§ 2.74.010 and 2.74.020, Ca-
stop intersections (11.20) ble Television Advisory Committee
1446 Amends § 11.24.150, prohibited parking (2.74)
(11.24) 1466 Amends §§ 2.80.010 and 2.80.020, Fine
1447 Rezone (Special) Arts Commission (2.80)
1448 Rezone (Special) 1467 Amends § 11.24.150, prohibited parking
1449 Amends Ord. 220; repeals Ord. 1374, (11.24)
zoning (Repealed by 1601) 1468 Rezone (Special)
1450 Amends Ord. 220; repeals Ord. 1238, 1469 Prezone (Special)
zoning (Repealed by 1601) 1470 Zoning (Special)
(Cupertino 5-98) 614-2
ORDINANCE LIST
1471 Rezone (Special)
1472 Amends § 5.20.110, peddlers and solici-
tors (5.20)
1473 Amends § 2.38.010, Energy Commis-
sion (Repealed by 1581)
1474 Rezone (Special)
1475 Amends § 2.40.030, Disaster Council
(2.40)
1476 Amends §§ 11.24.160 and 11.24.170,
parking restrictions (11.24)
1477 Amends § 6 of Ord. 1344, zoning (Not
codified)
1478 Concurrent sales of alcoholic beverages
and gasoline (5.44)
1479 Adds Ch 14.05, park maintenance fees,
and amends § 14.04.040, street im-
provements (14.04, 14.05)
1480 Amends § 2.48.020, city departments
(2.48)
1481 Amends § 6.28.030, CATV franchises
(Repealed by 1703)
1482 Amends § 11.20.030, stop intersections
(11.20)
1483 Amends § 11.24.180, diagonal parking
(11.24)
1484 Amends Ord. 2(d), zoning (Repealed by
1601)
1485 Amends § 3.12.030(A), transient occu-
pancy tax (3.12)
1486 Rezone (Special)
1487 Amends § 2.16.020, City Council sala-
ries (2.16)
1488 Amends § 4.1(a) of Ord. 652, zoning
(Not codified)
1489 Urgency water conservation restrictions
and regulations (Not codified)
1490 Rezone (Special)
1491 (Number not used)
1492 Amends § 15.12.110, waterworks sys-
tem regulations and enforcement
(Repealed by 1776)
1493 Adds §§ 16.04.047, 16.04.048 and
16.16.045; amends §§ 16.04.010,
16.04.040, 16.16.010, 16.20.010,
16.24.010, 16.40.010, 16.40.030,
16.40.040, 16.40.060, 16.40.080 and
16.56.010, buildings and construction;
repeals §§ 16.20.035, 16.40.050 and
16.40.070 (Repealed by 1711)
1494 Rezone (Special)
1495 Amends Ord. 321, zoning (Repealed by
1601)
1496 Amends § 6.4 of Ord. 652, zoning (Re-
pealed by 1601)
1497 Adds § 1.12.010(A)(3), general penalty
(1.12)
1498 Rezone (Special)
1499 Rezone (Special)
1500 Amends § 11.24.200, stopping, standing
and parking on public streets (11.24)
1501 Adds § 8.08.525, animal and rabies
control (Repealed by 1631)
1502 Rezone (Special)
1503 Rezone (Special)
1504 Rezone (Special)
1505 Amends Ch. 5.20, solicitors (5.20)
1506 Adds § 3.24.085, purchase of supplies
and equipment (Repealed by 1582)
1507 Amends Table 11.12.030, speed limits
(11.12)
1508 Amends § 2.01 of Ord. 1489, urgency
water conservation restrictions and
regulations (Not codified)
1509 Rezone (Special)
1510 Amends Res. 468, Planning Commis-
sion (Not codified)
1511 Rezone (Special)
1512 Repeals § 7 of Ord. 1489, urgency
water conservation restrictions and
regulations (Not codified)
1513 Water conservation (15.32)
1514 (Repealed by 1612)
1515 Rezone (Special)
1516 Amends § 14.04.200 (A), street im-
provements (14.04)
1517 Amends § 11.08.250, bicycle lane des-
ignation (11.08)
1518 Amends § 11.24.160, stopping, standing
and parking on public streets (11.24)
614-3 (Cupertino 5-98)
TABLES
1519 Amends § 16.56.030, Uniform Housing 1546 Amends §§ 1.09.060, 1.09.140; repeals
Code (Repealed by 1710) and replaces 1.09.070, nuisance abate-
1520 Amends (A) of § 3.12.030, alternate went (1.09)
sales and use tax (3.12) 1547 Amends §§ 11.24.150 and 11.24.160,
1521 Amends § 11.24.150, parking (11.24) parking regulations (11.24)
1522 Rezone (Special) 1548 Amends § 11.12.030, speed limits
1523 Rezone (Special) (11.12)
1524 Water conservation (15.32) 1549 Amends § 2.32.050, Planning Commis-
1525 Adds Ch. 16.42, toxic gases (16.42) sion meetings (15.49)
1526 Amends §§ 10.26.090 - 10.26.130, 1550 Prezone (Special)
alarm systems (10.26) 1551 Amends §§ 2.20.030, 2.20.040,
1527 Adds § 12.2 to Ord. 1449, § 7.3 to Ord. 2.20.050, 2.20.070, 2.20.080, 2.20.100
575, § 4.3 to Ord. 779, § 13.2 to Ord. and 2.20.110, city clerk (2.20)
1452, § 13.2 to Ord. 1451 and § 15.2 to 1552 Amends § 11.20.020, traffic regulations
Ord. 1450, zoning (Repealed by 1601) (11.20)
1528 Rezone (Special) 1553 Amends § 11.24.150, parking regula-
1529 Amends § 3.32.050, construction tax tions (11.24)
(3.32) 1554 Rezone (Special)
1530 Rezone (Special) 1555 Adds Ch. 9.20, off-site hazardous waste
1531 Adds Ch. 16.60, unreinforced masonry facilities (9.20)
buildings (Repealed by 1777) 1556 Amends § 11.12.030, speed limits
1532 Adds Ch 10.30, elimination of bodily (11.12)
waste in public (10.30) 1557 Amends §§ 11.20.020, traffic regula-
1533 Amends Ord. 1532 and § 10.30.030, tions (11.20)
elimination of bodily waste in public 1558 Water conservation (15.32)
(10.30) 1559 Prezone (Special)
1534 Adds Ch. 3.34, utility users excise tax 1560 Amends § 11.08.160, bicycles (11.08)
(3.34) 1561 Amends § 2.08.090(A), City Council
1535 Adds Ch. 2.84, Environmental Review meetings (2.08)
Committee (2.84) 1562 Amends § 11.24.150, parking regula-
1536 Rezone (Special) tions (11.24)
1537 Rezone (Special) 1563 Amends § 3.12.030(A), transient occu-
1538 Adds Ch. 11.37, overweight vehicle pancy tax (3.12)
pemut (11.37) 1564 Amends § 11.24.150, parking regula-
1539 Rezone (Special) tions (11.24)
1540 Approves certain development agree- 1565 PERS contract amendment (Special)
went (Special) 1566 Amends § 11.12.030, speed limits
1541 Temporary conditional use permits (Not (11.12)
codified) 1567 Amends Ch. 16.16, electrical code
1542 Amends § 11.12.030, speed limits (Repealed by 1707)
(11.12) 1568 Amends § 128.1 of Ord. 220(I), zoning
1543 Amends Ord. 778, heritage and sped- (Not codified)
men trees (14.18) 1569 Adds §§ 19.21.080-19.21.140, zoning
1544 Amends § 11.08.250, bicycles (11.08) (19.52)
1545 Amends § 11.24.160, parking (11.24)
(Cupertino 5-98) 614-4
ORDINANCE LIST
1570 Amends § 2.84.010, Environmental Re- 1591 Amends §§ 16.20.010, 16.20.020,
view Committee (2.84) 16.20.030 and 16.20.050, plumbing
1571 Adds Ch. 9.18, nonpoint source pollu- code (Repealed by 1708)
tion (9.18) 1592 Amends §§ 16.24.010, 16.24.030 and
1572 Repeals and replaces Ch 6.24, garbage 16.24.070, mechanical code (Repealed
collection (6.24) by 1709)
1573 Amends Ord. 1543, heritage and speci- 1593 Amends § 16.56.010, housing code
men trees (14.18) (Repealed by 1710)
1574 Rezone (Special) 1594 Amends Ch. 16.40, fire code (Repealed
1575 Adds Art. 13 to Title 18, hillside subdi- by 1711)
vision requirements (18.52) 1595 Amends §§ 16.32.020, 16.32.030,
1576 Adds Ch. 2.86, Affordable Housing 16.32.040, 16.32.050, swimming pools
Committee (2.86) (16.32)
1577 Amends Ch. 11.24 [§ 11.24.150], park- 1596 Amends § 2.44.120, architectural and
ing prohibition along certain streets site approval committee (Repealed by
(11.24) 1630)
1578 Amends § 11.24.150, parking prohibi- 1597 (Number not used)
tions on Stevens Creek Boulevard 1598 Amends entirety of Ch. 9.18, repeals
(11.24) former sections 9.18.150-9.18.180,
1579 Amends § 11.12.030, speed limit on nonpoint source pollution (9.18)
Bandley Drive (11.12) 1599 Adds Ch 3.36, storm drainage service
1580 Amends Ch. 15.32, water conservation charge (3.36)
(15.32) 1600 Amends § 3.34.030(A), telephone use
1581 Repeals Ch. 2.38 (Repealer) tax (3.34)
1582 Adds Ch. 3.22, purchase of supplies 1601 Adds Title 19 and repeals Ords. 002(b-
and equipment; repeals Ch. 3.24 (3.22) 1), (k), (x), (y), NS-1200 §§ 29 and 30,
1583 Adds Ch. 3.23, public works contract 220(8) and (1), 575, 618, 652, 664, 668,
and bidding procedures (3.23) 779, 802, 906, 1277, 1344, 14.49, 1450,
1584 Amends § 11.12.030, speed limit on 1451, 1452, 1484 and 1495, zoning
Miller Avenue (11.12) (19.02, 19.04, 19.08, 19.12, 19.16,
1585 Amends §§ 11.29.030-11.29.060, on- 19.20, 19.24, 19.28, 19.32, 19.36,
site parking (11.29) 19.40, 19.44, 19.48, 19.52, 19.56,
1586 Adds Ch. 11.38, transportation demand 19.60, 19.64, 19.68, 19.72, 19.76,
management (Repealed by 1731) 19.80, 19.84, 19.88, 19.92, 19.96,
1587 Amends §§ 15.32.010, 15.32.020, 19.100, 19.104, 19.108, 19.112, 19.116,
15.32.030, 15.32.050, and 15.32.060, 19.120,19.124,19.128,19.132,19.136)
water conservation (15.32) 1602 Rezone (Special)
1588 Adds Ch. 10.27, cigarette and/or to- 1603 (Number not used)
bacco vending machines (10.27) 1604 Amends Ch 15.12, waterworks system
1589 Amends § 11.24.150, parking prohibi- (Repealed by 1776)
tions on Finch Avenue (11.24) 1605 Amends § 11.24.150, parking prohibi-
1590 Amends §§ 16.04.010 and 16.04.065, tions (11.24)
repeals §§ 16.04.040, 16.04.045 and 1606 Adds Ch. 9.06, massage establishments
16.04.047, building code (Repealed by (9.06)
1706)
614-5 (Cupertino 5-98)
TABLES
1607 Amends (75) and (76) of § 19.02.030, 1626 Amends §§ 6.24.070 and 6.24.080, gar-
zoning (19.02) bage containers (6.24)
1608 Adds Ch. 19.OSA (OS open-space 1627 Amends § 18-1.201.(H), definition of
zones), zoning (19.24) lot line adjustment (18-1.201.)
1609 Amends § 18-1.803.2, 18-1.402.4(4), 1628 Repeals and replaces Ch.10.44, parades
18-1.402.5.1(B), 18-1.602.5(A) and 18- and athletic events (10.44)
1.602.7, subdivisions (18.16, 18.24, 1629 Amends § 11.37.040, fee for processing
18.32) overweight vehicle permit (11.37)
1610 Adds subsection ()~ to § 16.12.030, soil 1630 Amends §§ 14.15.040(E), 14.15.050(A),
report (16.12) 14.18.040, 14.18.060(A), 14.18.090,
1611 Adds § 14.04.125, traffic diverters 14.18.100, 14.18.110, 14.18.150(B),
(14.04) 14.18.170, 16.28.030, 19.16.060(E)(3),
1612 Amends Ch. 5.04, business license 19.20.060(E)(4), 19.28.060(E)(4),
taxes (5.04) 19.44.070(E)(4), 19.56.070,
1613 Amends contract with Board of Admin- 19.76.050(E), 19.88.060(7)(1) and (2),
istration of California Public Employees 19.132.060 and 19.136.060; repeals Ch.
Retirement System (Not codified) 2.44 and §§ 19.44.090, 19.48.100 and
1614 Moratorium on certain subdivision, 19.68.080, review authority (14.15,
building and grading uses in Inspiration 14.18, 16.28, 19.16, 19.20, 19.28,
Heights area (Not codified) 19.44, 19.56, 19.76, 19.88, 19.132 and
1615 Adds Ch. 14.15, xeriscape landscaping; 19.136)
amends title of Title 14 to be Streets, 1631 Repeals and replaces Title 8, animals
Sidewalks and Landscaping (14.15) (Repealed by 1644)
1616 Amends § 2.7.3 of Ord. 1606, massage 1632 Amends § 3.23.120(B); repeals §
establishments and services (9.06) 3.23.120(C), public works contract and
1617 Amends § 2.04.040, vacancy on City bidding procedures (3.23)
Council (2.04) 1633 Amends § 11.24.160, stopping, standing
1618 Amends §§ 19.08.030, 19.28.040, and parking (11.24)
19.28.070, 19.56.040 and 19.124.100, 1634 Amends Ch. 19.40, zoning (19.40)
zoning (19.08, 19.28, 19.56, 19.124) 1635 Adds §§ 18-1.1303(G) and (H) and
1619 Extends moratorium contained in Ord. 19.28.050(C); amends §§ 18-1.1303(B),
1614 (Not codified) (C) and (D), 19.08.030 and
1620 Amends Ch. 16.32, swimming pools 19.28.060(E)(4), subdivisions and zon-
(16.32) ing (18.52, 19.08, 19.28)
1621 Rezone (Special) 1636 (Number not used)
1622 Amends Ch. 15.32, water conservation 1637 Adds subsection (F) to § 14.15.050 and
(15.32) Appendix A to Ch. 14.15; amends §
1623 Amends § 2.48.020(A); repeals §§ 14.15.040, xeriscape landscaping; adds
2.48.020(F~ and 2.48.020(G), depart- subsection (D) to § 16.28.040, fences;
went organization (2.48) adds § 19.76.070, and subsections
1624 Amends Title 17, signs (17.04, 17.08, (D)(4) to § 19.28.060 and (C) to §
17.12, 17.16, 17.20, 17.24, 17.32, 19.124.070; amends §§ 19.08.030,
17.44, 17.52) 19.24.030(D), 19.28.060(C)(2),
1625 Amends § 5.16.040, garage and patio 19.28.070(A), [19.48.030B, C and D],
sales (5.16) 19.48.050(A) and (B), 19.48.070(A),
(Cupertino 5-98) 614-6
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, pazking
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, parking (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, parking (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
fmance (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, parking (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 § 11.20.020, 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 Boulevard 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,
races and charges; 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.
614-11 (Cupertino 5-98)
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, architectural and site
review process (19.134)
1779 Adds §§ 19.32.090 and 19.60.090,
architectural and site review (19.32,
19.60)
1780 Designating permit parking on Rose
Blossom Drive from McClellan Road to
Lily Avenue (Not codified)
1781 Amends § 11.24.160, parking (11.24)
(CupeA3no 5-98) 614-12
APARTMENT
APARTMENT
Business license
See also BUSINESS LICENSE
tax 5.04.320
APPEAL
See also Specific Subject
Administrative
definitions 1.16.010
procedure 1.16.020
Sewers, health officer decisions 15.20.190
Water rates, charges 15.04.050
Zoning regulations, decisions
See ZONING
ATHLETIC EVENT
Members
residency, selection 2.88.020
vacancy 2.88.040
Powers, duties 2.88.100
Recordkeeping 2.88.090
Rules, regulations 2.88.120
Term 2.88.030
Voting 2.88.080
AUTO COURT
Business license tax rate 5.04.390
-B
BAR
See RESTAURANT
Regulations, permit
See PARADES AND ATHLETIC EVENTS
ATTORNEY, CITY
Assistant, acting, when 2.18.070
Bond requirements 2.18.060
City staff, relations with 2.18.040
Conflict of interest 2.64.020
Council, relations with 2.18.030
Eligibility 2.18.100
Employment agreement 2.18.080
Office established 2.18.010
Powers, duties 2.18.020
Public, relations with 2.18.050
Rental dispute mediation
appeal duties 2.78.080
subpoena duties 2.78.040
Staff 2.18.090
Suspension, removal, resignation 2.18.110
AUDIT COMMITTEE
Chair 2.88.050
City powers unchanged 2.88.130
City staff 2.88.110
Compensation, expense reimbursement 2.88.070
Established, composition 2.88.010
Meetings 2.88.060
BICYCLE
Administration 11.08.020
Attaching to vehicle, prohibited 11.08.170
Bicycle lanes
designated 11.08.250
use regulations 11.08.190
vehicles using prohibited 11.08.230
Dealers
purchaser education 11.08.110
registration verification 11.08.100
Defuritions 11.08.010-11.08.015
Equipment requirements 11.08.130
Impoundment 11.08.240
Lane position requirements 11.08.150
License
address change notification 11.08.090
alteration, deswction prohibited 11.08.061
existing, validity 11.08.070
fees 11.08.120
indicia, renewal 11.08.050
issuance 11.08.040
transferability 11.08.080
Package carrying restrictions 11.08.220
Pedestrian path use
exemptions 11.08.180
restrictions 11.08.160
t)1'] (Cupertno 5-98)
BICYCLE
Registration certificate
See also License
issuance 11.08.060
Regulations generally 11.08.020
Riding restrictions 11.08.210
Roller skates
See ROLLER SKATES
Routes designated 11.08.260
Skateboards
See SKATEBOARDS
Traffic laws applicability 11.08.140
Violation, penalty 11.08.280
walldng, pedestrian laws applicable 11.08.200
BINGO
Administrative authority designated 5.32.170
Authority 5.32.010
Defined 5.32.020
Equipment 5.32.090
Financial interest limited 5.32.100
Hours 5.32.150
Inspection authority 5.32.180
License
See also Permit, license
fee 5.32.280
renewal 5.32.290
required 5.32.270
Location 5.32.080
Minor, participation prohibited 5.32.040
Organizations permitted to conduct 5.32.030
Participant to be present 5.32.140
Permit
See also Permit, license
applicant investigation 5.32.210, 5.32.220
application, contents 5.32.200
approval, conditions 5.32.240
denial when 5.32.250
hearing, notice records review 5.32.230
required 5.32.190
Permit, license
See also License
Permit
nontransferable 5.32.310
suspension, revocation
authority 5.32.320
notice, hearing 5.32.330
Prizes, value 5.32.130
Proceeds, charitable uses required 5.32.110
Provisions to supplement state law 5.32.350
Public access required 5.32.050
Recordkeeping 5.32.120
Reporting requirements 5.32.300
Staffing, operation
change, reporting, investigation 5.32.260
generally 5.32.060
Violation, penalty 5.32.160
BOND
Attorney, city 2.18.060
Auctioneer 5.08.020
City clerk 2.20.040
Excavation, grading permittee 16.08.150
Manager, city 2.28.030
Moving buildings 16.36.060
Private patrol 5.24.050
Public works contract 3.23.140
Street improvement installation 14.04.170
Subdivision improvement security 18-1.808.2
Taxicab 5.28.150
Treasurer, city 2.24.040
BUII.DING
Address number visibility requirements 16.04.050
Electrical Code
See ELECTRICAL CODE
Excavation, foundations, retaining walls
See EXCAVATION, GRADING, RETAINING
wALLs
Fence
See FENCE
Heating, cooling
See MECHANICAL CODE
Inspector
bingo permit applicant investigation 5.32.220
building moving permit issuance 16.36.050
(capatino s-9s~ 618
BUII.DING
Moving
contiguous land 16.36.080
definitions 16.36.010
metal tires prohibited 16.36.090
notice required 16.36.040
permit
application 16.36.030
bond 16.36.060
conditions 16.36.070
fees 16.36.055
issuance, hearing 16.36.040
required 16.36.020
roller restrictions 16.36.100
truck requirements 16.36.110
supervisor, duties 16.36.120
violation, penalty 16.36.130
Official
swimming pool code
administration 16.32.030
enforcement 16.32.060
Plumbing code
See PLUMBING CODE
Preliminary soils report
See Soils report
purpose 16.12.010
required 16.12.020
Retaining wall
See EXCAVATION, GRADING, RETAINING
wALLs
Soils report
appeals 16.12.070
approval 16.12.050
building permit conditions 16.12.060
contents 16.12.030
preparation 16.12.040
purpose 16.12.010
required 16.12.020
Swimming pool
See SWIMMING POOL
Amendments
Section 105 16.04.020
Section 108.7 16.04.030
Section 310.7 16.04.070
Section 1504 16.04.080
Section 1806.1 16.04.090
Section 1924 16.04.100
Section 2326.11.3 16.04.110
Section 3403.2 16.04.120
Bracing 16.04.110
Ceiling, suspended 16.04.120
Enforcement of provisions 16.04.020
Fees
energy permit 16.04.140
inspection 16.04.130
Foundations, reinforcement 16.04.090
Inspection
fees 16.04.130
generally 16.04.030
Residential roofing 16.04.080
Single-room occupancies 16.04.070
Slab thickness 16.04.100
Spark arresters 16.04.060
Violation, penalty 16.04.160
BUILDING MATERIAL YARD
Business license
See also BUSINESS LICENSE
fee 5.04.350
BUSINESS LICENSE
Adjustments, interstate commerce 5.04.100
Appeal 5.04.480
City council powers, duties 5.04.060
Collector powers, duties 5.04.070
Deemed debt to city 5.04.240
Definitions 5.04.030
Duplicate 5.04.170
Effect of provisions 5.04.490
Evidence of doing business 5.04.090
BUILDING CODE
Address marking, site numbering 16.04.050
Adopted 16.04.010
Exemption
application 5.04.120
generally 5.04.110
Imposed 5.04.280
f)19 (Cupertino 5-98)
BUSINESS LICENSE
Interest, penalties 5.04.250
Interpretation of provisions 5.04.050
Issuance, expiration 5.04.210
Overpayment refund 5.04.230
Payment due when 5.04.200
Posting, display required 5.04.140
Purpose of provisions 5.04.020
Reclassification 5.04.470
Renewal 5.04.160
Required 5.04.080
Revocation 5.04.120
Separate businesses, same location, separate licenses
required 5.04.130
Statements
deemed not conclusive, confidentiality 5.04.260
extension for filing 5.04.270
failure to file 5.04.190
verification, audit 5.04.180
Tax increase, automatic, consumer price index
5.04.460
Terminology of provisions 5.04.040
Title of provisions .5.04.010
Transfer 5.04.150
Violation, penalty
generally 5.04.500
remedies cumulative 5.04.510
C-
CABLE TELEVISION ADVISORY COMIVIITTEE
See TELECOMMUNICATIONS COMMISSION
CABLE TELEVISION FRANCHISE
Conflicting provisions 6.28.160
Customer service standards 6.28.090
Definitions 6.28.010
Design, construction 6.28.080
Discrimination 6.28.110
Duration 6.28.030
Enforcement
nonenforcement 6.28.120
remedies reserved 6.28.100
Failure to perform 6.28.140
Fees 6.28.050
Finances, funds, bonds 6.28.060
Granting, generally 6.28.020
Insurance, indemnification 6.28.070
Notices 6.28.130
Rights reserved by city 6.28.040
CAFETERIA
See RESTAURANT
CALIFORNIA WATER SERVICE
See FRANCHISE
CAT
See ANIlVIAL
CATV
Acquisition 6.28.060
Advisory committee
See TELECOMMUNICATIONS COMMISSION
Arbitration 6.28.260
Bond 6.28.150
(Cupertino 5-98) 620
COUNCIL, CITY
contribution limits
candidates 2.06.100
committees 2.06.110
contributions
See also Specific Subject
acceptance, time limits 2.06.120
definitions 2.06.030
disclosure statements
audits, appeals, complaints 2.06.140
requirements generally 2.06.130
prohibited acts
See also Specific Subject
generally 2.06.070
purpose of provisions 2.06.010
state law, conflicting provisions, resolution
2.06.040
statutory authority of provisions 2.06.020
violation
complaints, procedure 2.06.140
criminal proceedings 2.06.160
hearing procedure 2.06.150
penalty 2.06.080
remedies cumulative 2.06.090
Child care expense reimbursement, when granted
2.72.010
Communications 2.08.100
Contract bid award 3.24.080
Document signature authority 2.08.135
Election
See also Campaign finance
generally 2.04.005
False alarm hearing duties 10.26.120
Fences, height, location determination 16.28.030
Manager, city
appointment 2.28.010
suspension, removal 2.28.090
Meeting
discussion procedure 2.08.130
emergency 2.04.025
order of business 2.08.090
place 2.04.030
presentation method 2.08.080
protests 2.08.120
reconsideration motions 2.08.095
regular 2.04.010
special 2.04.020
violation, penalty 2.08.140
Municipal employee relations officer
appointment 2.52.320
Nuisance abatement hearing 1.09.070
Officer, official body reports 2.08.110
Parade, athletic event penmit appeal hearing
10.44.140
Permit parking time determination 11.27.130
Personnel authority 2.52.090
Petition
definitions 2.08.030
exception 2.08.070
hearing notice 2.08.040
Public safety commission appointment 2.60.010
Reimbursement 2.16.030
Robert's Rules of Order adopted 2.08.020
Rules adopted 2.08.010
Salary
amount, effective date 2.16.020
statutory basis 2.16.010
Storm drainage service charge
adjustment authority 3.36.160
collection duties 3.36.080
review duties 3.36.050
Term limits 2.04.050
Transient occupancy tax appeal hearing
determination 3.12.100
Vacancy filling 2.04.040
Water charge appeal hearing 15.12.100
Weed abatement
assessment, hearing 9.08.090
authority 9.08.060
hearing, decision, action 9.08.050
resolution 9.08.020
CRUISING
See TRAFFIC
CUPERTINO GARBAGE COMPANY
See GARBAGE
cuRFEw
Definitions 10.68.010
Exceptions 10.68.030
6:Z3 (Cupefino 5-98)
CURFEW
Violation - E -
penalty 10.68.050
prohibited acts 10.68.020 EARTHQUAKE
See TOXIC GASES
- D -
ELECTIONS, MUNICIPAL
DEFECATION See COUNCIL, CITY
See URINATION, DEFECATION
ELECTRICAL CODE
DEPARTMENTAL ORGANIZATION Adopted 16.16.010
Divisions, designated 2.48.020 Amendments
Manager authority 2.48.030 Article 336-4 16.16.060
Purpose 2.48.010 Cables, nonmetallic-sheathed 16.16.060
Persons allowed to do electrical work
DISASTER COUNCIL designated 16.16.025
Definitions 2.40.020
Director of emergency services EMERGENCY
created 2.40.050 See DISASTER COUNCII.
powers, duties 2.40.060
Emergency organization EMPLOYEE, CITY
membership 2.40.070 See also Specific Employee
structure, duties, functions 2.40.080 Communication with public
Expenditures 2.40.100 See COMMUNICATION WITH CITY
Membership 2.40.030 OFFICIALS
Mutual aid provided 2.40.090 General personnel policies
Powers, duties 2.40.030 See PERSONNEL
Purposes 2.40.010
Violation, penalty 2.40.110 EMPLOYEES' RETIREMENT SYSTEM
See PERSONNEL
DOCUMENTARY STAMP TAX
Administration, authority 3.04.090 ENGINEER, CITY
Exemptions 3.04.040 Preliminary soil report approval 16.12.050
Imposition, rate 3.04.020 Truck route signing 11.32.020
Payment responsibility 3.04.030
Refund claim, authority 3.04.100 ENVIRONMENTAL PROTECTION
Short title, authority 3.04.010 CEQA guidelines adopted 2.84.090
DOC ENVIRONMENTAL REVIEW CONIlVII'I'TEE
See ANIMAL Appeals 2.84.100
City powers not restricted 2.84.120
Chairperson 2.84.030
Compensation, expense reimbursement 2.84.050
Environmental assessment fee 2.84.110
Established, composition 2.84.010
ccw~~o s-9s~ 624
EXCAVATION, GRADING, RETAINING WALLS
Fees 16.08.160 - F -
Grading
See also Specific Type or Phase FALSE ALARM
emergency permit issuance 16.08.185 See ALARM
supervision 16.08.230
Inspections 16.08.250 FAMII.Y CARE HOME
Interim plan 16.08.110 Business license
Limitations of provisions 16.08.040 See also BUSINESS LICENSE
Modifications 16.08.240 fee 5.04.410
Permit
application contents 16.08.080 FENCE
approval conditions 16.08.190 Chapter purpose 16.28.010
denial 16.08.180 Construction design review guidelines
design standazds 16.08.200 general 16.28.040
emergencies 16.08.185 site review required 16.28.030
exemptions Defmitions 16.28.020
categorical 16.08.070 Exceptions 16.28.060
generally 16.08.060 Location
issuance conditions 16.08.170 See Construction design review guidelines
limitations, conditions 16.08.210 Materials
permittee See Construction design review guidelines
See Permittee responsibility Proximity to public streets 16.28.050
revocation 16.08.280 Setback, azea requirements
suspension 16.08.270 front 16.28.020
Permittee responsibility 16.08.220 reaz 16.28.020
Purpose of provisions 16.08.010 side 16.28.020
Scope 16.08.050 Temporary 16.28.065
Severability 16.08.030 Violation, penalty 16.28.070
Site map, grading plan required 16.08.100
Soils engineering reports 16.08.130 FINANCE
Title of chapter 16.08.000 See PURCHASING
Violation
penalties designated 16.08.290 FINANCE DIRECTOR
remedies deemed cumulative 16.08.300 Purchasing officer, designation, duties
Work See PURCHASING OFFICER
completion notice, report 16.08.260 Storm drainage service chazge
schedule required 16.08.140 bill correction authority 3.36.150
collection duties
EXPLOSIVES balance payments 3.36.090
See also FIRE generally 3.36.080
Permit omitted chazges 3.36.100
issuance 10.20.020 premises inspection authority 3.36.190
required, application 10.20.010
Storage 10.20.030
Violation, penalty 10.20.040
f125 (Cupertino 5-98)
FINANCE OFFICER
FINANCE OFFICER Section 1001.11 16.40.130
Alarm systems Section 1003.1.4 16.40.140
administration and enforcement 10.26.100 Section 1004.6 16.40.150
appeals hearing 10.26.120 Section 1007.3.3.3.5 16.40.170
Section 7901.1.1.1 16.40.280
FINE ARTS ACTIVITIES Section 8001.4.2.1 16.40.370
Regulations generally 2.80.080 Section 8001.4.7.4 16.40.420
Section 8001.9.8 16.40.440
FINE ARTS COMMISSION Section 8001.10.1.2 16.40.450
Compensation, expenses 2.80.090 Section 8001.14.5 16.40.470
Effect of provisions 2.80.100 Section 8001.14.6 16.40.480
Established, appointment, composition 2.80.010 Section 8001.14.6.1 16.40.490
Meetings Section 8001.14.6.2 16.40.500
generally 2.80.050 Section 8001.14.6.3 16.40.510
quorum 2.80.050 Section 8001.14.6.4 16.40.520
voting, requirements 2.80.060 Section 8001.14.6.5 16.40.530
Members Section 8001.14.6.6 16.40.540
See also Established, appointment, composition Section 8001.14.6.7 16.40.550
teen of office 2.80.020 Section 8001.14.6.8 16.40.560
vacancy filling, removal procedures 2.80.030 Section 8001.14.6.9 16.40.570
Officers 2.80.040 Section 8001.14.6.10 16.40.580
Powers, duties generally 2.80.080 Section 8001.14.6.11 16.40.590
Recordkeeping 2.80.070 Section 8001.15 16.40.600
Section 8001.15.1 16.40.610
F~ Section 8001.15.1.2 16.40.620
See BUII.DING Section 8001.15.1.3 16.40.630
FIRE CODE Section 8001.15.1.4 16.40.640
SMOKING Section 8001.15.2 16.40.650
Section 8001.15.2.1 16.40.660
FIltE CODE Section 8001.15.2.2 16.40.670
Additions Section 8001.15.2.3 16.40.680
Appendix II-A, Section 16.3 16.40.900 Section 8001.15.2.4 16.40.690
Appendix II-A, Section 25 16.40.910 Section 8001.15.3 16.40.700
Appendix III-B, Section 5 16.40.920 Section 8001.15.3.1 16.40.710
Section 101.3.1 16.40.020 Section 8001.15.4 16.40.720
Section 103.3.2.3 16.40.030 Section 8001.15.4.1 16.40.730
Section 103.3.2.4 16.40.040 Section 8001.15.4.2 16.40.740
Section 105.8f.6 16.40.050 Section 8001.15.5 16.40.750
Section 105.9 16.40.070 Section 8001.16 16.40.760
Section 209-H 16.40.090 Section 8003.3.3.1 16.40.840
Section 105.81.1 16.40.060 Section 8003.3.4.1 16.40.850
Section 214-M 16.40.100 Section 8004.1.19 16.40.870
Section 220-S 16.40.110 Section 8204.2.1 16.40.890
(CupeKino 5-98) 626
FIRE CODE
Adopted 16.40.010 FIRE CHIEF
Amendments Bingo permit applicant investigation 5.32.220
Section 903.3 16.40.120 Toxic gas storage, use
Section 2501.18.2 16.40.180 compliance plan, permit
Section 2501.18.2.1 16.40.190 fee charging, data submittal requiring
Section 2501.18.2.2 16.40.200 16.42.060
Section 2501.18.2.3 16.40.210 time limit extension 16.42.070
Section 2501.18.2.4 16.40.220 controls requiring 16.42.230
Section 5202.4.3.2 16.40.230 facility closing duties 16.42.080
Section 5204.5.2.1 16.40.240 leak testing approval 16.42.130
Section 6301 16.40.250 sprinkler system requiring 16.42.190
Section 7401.6.4 16.40.260
Section 7701.7.2 16.40.270 FIRE MARSHAL, COUNTY
Section 7901.8.1 16.40.290 Weed abatement
Section 7901.11.1.1 16.40.300 assessment
Section 7902.2.2.1 16.40.320 collection authority 9.08.100
Section 8001.1.1 16.40.330 hearing, submittal of record 9.08.090
Section 8001.1.1.1 16.40.340 notice distribution 9.08.080
Section 8001.2.2 16.40.350 recordkeeping duty 9.08.070
Section 8001.3.2 16.40.360 duty 9.08.060
Section 8001.4.3.2 16.40.380 notice mailing 9.08.040
Section 8001.4.3.3 16.40.390
Section 8001.5.2.2 16.40.400 FIREWORKS
Section 8001.7 16.40.410 Definitions 10.24.010
Section 8001.9.8 16.40.430 Exceptions 10.24.030
Section 8001.12.3.3 16.40.460 Prohibitions 10.24.020
Section 8003.1 16.40.770 Violation, penalty 10.24.080
Section 8003.1.7.4 16.40.780
Section 8003.1.14.1 16.40.790
Section 8003.3.1.3.1 16.40.800
Section 8003.3.1.4 16.40.810
Section 8003.3.2.1 16.40.820
Section 8003.3.2.2.2 16.40.830
Section 8004.1.1 16.40.860
Section 8202.1 16.40.880
Table 105-A 16.40.080
Table 1004-A 16.40.160
Deletion, Section 7901.3.2 16.40.310
Hazard abatement 16.40.950
Violation, penalty 16.40.930
FIREARM
Permit required 10.76.010
Violation, penalty 10.76.020
627 (Cupertino 5-98)
MECHANICAL CODE
Name substitution 16.24.020 - N -
Pennit fees 16.24.070
Violation, penalty 16.24.080 NEWSPAPER
See ADVERTISEMENT
MINOR
See BINGO NEWS RACK
CURFEW Display prohibitions 10.21.070, 10.21.100
Findings, purpose of provisions 10.21.010
MOBILE VENDORS Impoundment permitted when 10.21.120
See VENDORS, MOBILE Permit
fee 10.21.030
MOSQUTTOES required 10.21.020
Abatement Removal permitted when 10.21.120
by city when 9.16.080 Violation, penalty 10.21.080, 10.21.130
cost
See also Lien NOISE CONTROL
payment by owner 9.16.090 Administration 10.48.020
notice Animals, birds 10.48.061
contents 9.16.050 Brief daytime incidents 10.48.050
when 9.16.040 City department duties 10.48.023
Breeding places declared nuisance 9.16.020 Definitions 10.48.010
Enforcement authority 9.16.030 Deliveries, pickups, nighttime 10.48.062
Findings, intent 9.16.010 Disturbance prohibited 10.48.060
Health officer defined 9.16.150 Emergency exception 10.48.030
Hearing 9.16.060 Exceptions
Lien appeal 10.48.032
exemption 9.16.140 emergency 10.48.030
foreclosure 9.16.120 special, granting 10.48.031
generally 9.16.100 Grading, construction, demolition 10.48.053
recordation, priority 9.16.110 Home maintenance activities 10.48.051
satisfaction from sale proceeds 9.16.130 Maximum levels 10.48.040
Recurrence of nuisance 9.16.070 Motor vehicle
faulty muffler system 10.48.056
MOTEL idling 10.48.055
Business license Multiple-family dwelling unit, interior noise
See also BUSINESS LICENSE 10.48.054
fee 5.04.390 Multiple section applicability 10.48.013
Officer
MOTOR COURT See NOISE CONTROL OFFICER
Business license tax rate 5.04.390 Other remedies 10.48.014
Outdoor public events 10.48.055
MOVING BUILDINGS Recreational vehicles 10.48.057
See BUILDING
639 (CupeRino 5-98)
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
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 220.030
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
(Gl~pectvto 5-98) 64'0
PEDDLER
PEDDLER
Business license
See also BUSINESS LICENSE
fee 5.04.400
PENALTY
Code violation 1.12.010
Nuisance abatement 1.12.030
Separate offense 1.12.020
PERFORMANCE
Business license
See also BUSINESS LICENSE
fee 5.04.340
PERMIT
See also BUSINESS LICENSE
LICENSE
Advertisement, handbill distribution 10.52.030
Alcoholic beverages, gasoline concurrent sales
5.44.030
Animal
dangerous, vicious 8.08.085, 8.08.460
establishment 8.08.380
vicious 8.08.085, 8.08.460
Bingo 5.32.190
Encroachment 14.08.030
Explosives 10.20.010
Firearm 10.76.010
Fire code, designated activities 16.40.030
Grading 16.08.030
Moving buildings 16.36.020
News rack 10.21.020
Off-street vehicle 11.10.011
Parade 10.44.030
Park, building 13.04.140
Parking
See PARKING
Private patrol 5.24.020
Reroofing 16.04.115
Restaurant, food establishment 9.04.020
Sign 17.12.020
Solicitor identification 5.20.030
Swimming pool 16.32.070
Taxicab
driver 5.28.160
operation 5.28.060
Temporary parking 11.24.220
Toxic gas storage, use 16.42.060
Trees
care 14.12.060
heritage tree removal 14.18.120
removal from street area 14.12.085
Watercourse, discharge into, NPDES permit
9.18.080
Water system connection 15.12.080
PERSONNEL
Accruals credits, retained 2.52.080
Authority
city manager 2.52.100
council 2.52.090
Child care expense reimbursement, granted
specified officers 2.72.010
City
rights 2.52.310
Communication with
See COMMUNICATION WITH CITY
OFFICIALS
Council, rights, powers 2.52.350
Definitions 2.52.290
Employee organization
appropriate unit determination 2.52.470
formal recognition petition 2.52.450
representative determination 2.52.480
rights 2.52.300
Employer-employee relations 2.52.280
Employment continuation 2.52.490
Federal, state, city laws, authority 2.52.340
Grievance processing procedure 2.52.420
Impasse procedures 2.52.410
Jurisdiction A
classification plan
provisions included 2.52.160
purpose 2.52.140
scope of coverage, adoption 2.52.150
pay plan 2.52.180
E~43 (Cupertino 5-98)
PERSONNEL
Jurisdiction B
provisions included 2.52.240
purpose 2.52.220
scope of coverage, adopted 2.52.230
Jurisdiction C
provisions included 2.52.270
purpose 2.52.250
scope of coverage, adopted 2.52.260
Jurisdictions
designated 2.52.040
exclusions 2.52.050
exemptions 2.52.060
Legislative intent 2.52.030
Meet and confer in good faith
advance notice required 2.52.440
exclusions 2.52.400
memorandum of understanding 2.52.430
scope 2.52.380
Municipal employee relations officer designated
2.52.320
Purpose 2.52.010
Repeal of prior provisions 2.52.070
Retirement
See Specific Subject
Purpose
Rules, regulations
adoption 2.52.330
adoption, effectiveness 2.52.130
scope, applicability 2.52.120
State law applicability 2.52.370
System adopted 2.52.020
Written agreements, effect 2.52.360
PISTOL
See FIREARM
PLANNING COMMISSION
Chairman, election 2.32.040
Established 2.32.010
Fences, location, height determination
16.28.030
Flood area appeal duties 16.52.030
Meetings
amendments, records required 2.32.060
procedure 2.32.050
Member
term of office 2.32.020
vacancy, removal 2.32.030
Powers, functions 2.32.070
Procedural rules 2.32.090
Sign provision duties
permit
application review 17.12.060
review 17.12.030
sign modification 17.12.070
PLANNING DIRECTOR
Bingo permit applicant investigation 5.32.220
Flood azea authority 16.52.021
PLUMBING CODE
Adopted 16.20.010
Amendments
Section 609.3 16.20.050
Section 710.1 16.20.060
Section 719.7 16.20.070
Section 807.2 16.20.080
Appendix chapters adopted 16.20.090
Backwater valves 16.20.060
Board of appeals 16.20.120
Cleanouts 16.20.070
Condensate disposals 16.20.080
Fees schedule 16.20.110
Hearings 16.20.100
Name substitution 16.20.020
Slab floors, piping beneath 16.20.050
Violation, penalty 16.20.100
POLICE
See SHERIFF
POLICE ALARM
See ALARM
POLLUTION
See WATERCOURSE POLLUTION
PREVENTION
(Cupertino 5-98) 64'4
SALESPERSON
SALESPERSON
Business license
See also BUSINESS LICENSE
fee 5.04.290
SAN JOSE WATERWORKS
See FRANCHISE
SEASONAL LOT
Business license
See also BUSINESS LICENSE
fee 5.04.330
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
designated 15.20.180
recording notice 15.20.150
SHEEP
See ANIMAL
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 constniction 15.20.060
septic tanks 15.20.080
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 17.32.120
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
1)47 (Cupertino 5-98)
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 5-98) 648
SMOKING
SMOKING
Compliance required 10.25.020
Definitions 10.25.030
Enforcement 10.25.080
Findings 10.25.010
Permitted where 10.25.050
Prohibited where 10.25.040
Property owner authority 10.25.110
Retaliation prohibited 10.25.060
Signs, notices, posting 10.25.070
Violation, penalty 10.25.090
SODA FOUNTAIN
See RESTAURANT
SOII.S REPORT
See BUILDING
SUBDIVISION
SOLICITOR
Administrative authority 5.20.100
Business license
See also BUSINESS LICENSE
fee 5.04.290
Definitions 5.20.010
64.8-1
(Cupertino 5-98)
SUBDIVISION
Modification 18.04.050
Parcel map
See also Map
approval, engineer authority 18.20.140
checking 18.20.120
contents 18.20.110
documents required 18.20.120
fees 18.20.040
filing 18.20.150
form, contents 18.20.110
generally 18.20.090
required when 18.12.020, 18.12.030
review by engineer 18.20.130
survey required 18.20.100
waiver 18.20.160
Park land dedication, fee payment
See also Reservations
both required when 18.24.070
credit 18.24.110
determination 18.24.100
development commencement 18.24.130
fee payment
amount 18.24.080
formula. 18.24.060
land dedication
amount designated 18.24.040
formula designated 18.24.050
private open space credit 18.24.110
procedure 18.24.120
required 18.21.030
statutory authority 18.24.020
subdivision not within general plan
18.24.090
Peripheral street
See Street
Planning and development department
responsibilities 18.08.050
Planning and development director
responsibilities 18.08.060
Planning commission responsibilities 18.08.060
Purpose of provisions 18.04.020
Remainder, omitted units
improvement agreement 18.32.080
Reservations
payment to subdivider 18.24.210
procedure 18.24.200
required 18.24.180
standards 18.24.190
termination when 18.24.220
Reversion to acreage
approval procedure 18.36.060
generally 18.32.010
initiation, council authority 18.36.030
petition of owners
contents 18.36.040
review, recommendation 18.36.050
use 18.36.020
recordation 18.36.070
School
land dedication
exemptions 18.24.170
payment to subdivider 18.24.160
procedure 18.24.150
required 18.24.140
tent map requirements
See Tent map
Sewer system 18.32.050
Soils report
See Final map
Tentative map
Storm drainage 18.32.030
Street
improvement, reimbursement
See STREET IlVIPROVEMENT
dedication 18.24.010
direct access waiver 18.24.230
Tentative map
See also Map
amendments
See also Map
requirements 18.16.110
approval, conditional approval
expiration when 18.16.090
planning commission authority
18.16.050
time extension 18.16.090
contents 18.16.010
6:~5 (CupeKino 5-98)
SUBDIVISION
denial grounds 18.16.060
expiration 18.16.090
filing 18.16.050
form 18.16.010
hearing by planning commission, notice
requirements 18.16.040
parcel map requirements
See Tentative pazcel map
preparation 18.16.010
required when
See Final map
review by council 18.16.070
school requirements 18.16.030
time limit extensions
See also approval, conditional approval
requirements 18.16.080
utilities, school district review 18.16.030
Tentative parcel map
See also Map
amendments
See Map
appeals
pem-itted 18.20.060
procedure 1$.20.070
application, fees required 18.20.020
approval, conditional approval
expiration, extension 18.20.080
planning commission action 18.20.040
contents 18.20.010
denial grounds 18.20.050
expiration 18.20.080
form, contents 18.20.010
hearing setting, notice requirements
18.20.030
required when
See Final map
time extension 18.20.080
time limits 18.20.030
Utility undergrounding 18.32.070
Variance permitted when 18.04.050
Vesting tentative map
See also Map
applicability of provisions 18.28.040
approval
application inconsistent with current
policies 18.28.090
expiration 18.28.070
scope, effect 18.28.080
consistency
See also approval
requirements generally 18.28.020
definitions 18.28.030
fees 18.28.060
filing, processing requirements 18.28.050
generally 18.28.010
Violation
certificate of noncompliance
See Compliance
remedies 18.48.020
Warranty security
See Improvement security
Water system 18.32.060
SURPLUS PROPERTY
See EQUIPMENT, SURPLUS, SALE
SWIMII~IG POOL
Admirustradon, application 16.32.030
Construction requirements 16.32.050
Definitions 16.32.020
Enforcement authority 16.32.060
Fencing, safety requirements 16.32.040
Inspection required 16.32.073
Permit
application 16.32.071
errors correction 16.32.090
expiration 16.32.100
fees 16.32.072
required 16.32.070
Purpose 16.32.010
Violation, penalty 16.32.080
SWINE
See ANIMAL
(Cupertino 5-98) 656
TAVERN
- T -
TAVERN
See RESTAURAN'T'
TAX
See Specific Tax
TAX ADMINISTRATOR
Defined 3.12.020
Transient occupancy tax
records access 3.12.110
unreported, determination, notice of hearing
3.12.090
TAX COLLECTOR
Storm drainage service chazge collection duties
3.36.080
driver
See Driver permit
for additional, substitute vehicles 5.28.110
required 5.28.060
revocation, suspension 5.28.100
term 5.28.090
Refusal of service prohibited 5.28.200
Taximeter
operation 5.28.040
required 5.28.020
Vehicle numbering 5.28.045
Violation, penalty 5.28.220
TELECOMMUNICATIONS COMMISSION
Budget 2.74.070
Effect of provisions 2.74.080
Established 2.74.010
Meetings, staff, officers, quorum 2.74.040
Member
TAXICAB
Administrative authority 5.28.015
Appeal 5.28.185
Business license
See also BUSINESS LICENSE
fee 5.04.430
Defmitions 5.28.010
Direct route 5.28.190
Driver permit
application, issuance 5.28.165
denial 5.28.170
employment termination 5.28.175
required 5.28.160
suspension, revocation 5.28.180
Fare schedule
adoption 5.28.030
posting 5.28.050
Liability policy
bond 5.28.150
cancellation, notice 5.28.140
required 5.28.120
requirements 5.28.130
Overcharge, restitution 5.28.210
Permit
application 5.28.070
denial 5.28.080
term 2.74.020
vacancy filling 2.74.030
Powers, duties 2.74.060
Recordkeeping 2.74.050
THEATER
Business license
See also BUSINESS LICENSE
fee 5.04.440
Smoking
See SMOKING
TOBACCO VENDING MACHINE
See CIGARETTE, TOBACCO VENDING
MACHINES
TOXIC GASES
See also FIRE CODE
Applicability, purpose, conflict of provisions
16.42.010, 16.42.030
Controls
Class I 16.42.220
Class II 16.42.230
Class III 16.42.240
classification 16.42.210
minimum threshold quantity 16.42.250
x)57 (Cupertino 5-98)
TOXIC GASES
Definitions 16.42.020
Facility
See also Storage, use
closure 16.42.080
earthquake protection 16.42.090
emergency response plan 16.42.140
emergency response team
drills 16.42.160
required, composition, dudes 16.42.150
maintenance, testing requirements 16.42.170
security 16.42.100
Regulated materials
classification 16.42.200
criteria 16.42.040
Storage, use
See also Facility
breathing apparatus 16.42.110
compliance plan, permit
required, fees, information required 16.42.060
time limits 16.42.070
exterior storage, tank requirements 16.42.260
fire protection requirements 16.42.190
flow restricting orifice requirements 16.42.180
leak testing, protective plugs, caps 16.42.130
prohibitions 16.42.050
separation of incompatible materials 16.42.120
tank cars 16.42.270
Violation, penalty 16.42.290
TRACTOR
Sales, repair, service, business license
See also BUSINESS LICENSE
fee 5.04.540
TRAFFIC
Cruising
definitions 11.30.010
exemptions 11.30.020
prohibited 11.30.030
violation, penalty 11.30.040
Curb opening closure
authority 11.36.030
hearing
appeal 11.36.060
authorized 11.36.050
notice contents 11.36.040
provisions nonexclusive 11.36.020
purpose, defuudons 11.36.010
Diverters 14.04.125
Downtown area
See Cruising
Driveway opening
See Curb opening closure
Engineer
See TRAFFIC ENGINEER
Intersections, blocking prohibited 11.24.240
Loading zones
See Parking
Median closure
See Curb opening closure
Parking
See PARKING
Road bumps
administrative authority designated 11.34.020
defined 11.34.010
installation where, criteria 11.34.030
Road construction, traffic regulations 11.36.070
Speed bumps
See Road bumps
Speed limits
authority, declaration 11.12.020
established 11.12.030
purpose of provisions 11.12.010
signing 11.12.040
Stop intersection
all directional, designated, required action
11.20.030
designated, required action 11.20.020
purpose of provisions 11.20.010
signing 11.20.040
Stopping, standing
See PARKING
Truck routes
compliance required 11.32.030
established 11.32.020
pickups, deliveries, exceptions 11.32.070
truck defined 11.32.010
unrestricted highways designated 11.32.050
use regulations generally 11.32.060
(Cupertino 5-98) 658
TRAFFIC
vehicle types excepted 11.32.080
vehicle weighing authority 11.32.040
violation, penalty 11.32.090
TREE
See STREETS AND SIDEWALKS
TREES
TRAFFIC ENGINEER
Bicycle lane sign erection 11.08.260
Parking
curb marking, sign authority 11.26.040
handicapped parking space approval 11.26.100
loading space establishment authority 11.26.070
space marking authority 11.26.060
TRANSIENT OCCUPANCY TAX
Collection action 3.12.130
Defu-itions 3.12.020
Exemptions 3.12.040
Failure to collect and report
appeal 3.12.100
determination 3.12.090
Imposition 3.12.030
Operator duty 3.12.050
Penalty, interest 3.12.080
Records retention, access 3.12.110
Refund condition 3.12.120
Registration 3.12.060
Reporting, remitting 3.12.070
Short title 3.12.010
Violation, penalty 3.12.140
TRAPS
See ANIMAL
TREASURER, CTfY
Conflict of interest 2.64.020
Franchise pipeline inspection 6.04.050
Investment authority 2.24.050
Monthly statements required 2.24.030
Oath of office, bond 2.24.040
Payment, procedure 2.24.020
Responsibility for city moneys 2.24.010
TREASURER, COUNTY
Assessment collection responsibility 3.16.010
TREES
Heritage and specimen tree protection
definitions 14.18.020
designation of trees 14.18.040
general policy of preservation 14.18.030
heritage tree list 14.18.050
identification tagging 14.18.080
plan of protection 14.18.060
protection during construction 14.18.190,
14.18.200
purpose of provisions 14.18.010
records 14.18.070
removal
appeals 14.18.110
application 14.18.090, 14.18.150
enforcement authority 14.18.130
exemptions 14.18.140
notice of decision 14.18.220
permit required 14.18.120
property owner notification 14.18.100
review 14.18.170, 14.18.180
violation, penalty 14.18.230
Street tree regulations
appeals 14.12.130
building permit requirements
condition of issuance 14.12.110
fee 14.12.120
compliance required 14.12.035
definitions 14.12.020
destruction, damage prohibited 14.12.095
enforcement 14.12.030
maintenance by property owners 14.12.055
master tree list 14.12.040
nuisance conditions 14.12.100
permit for maintenance 14.12.060
planting specifications 14.12.050
purpose of provisions 14.12.010
removal
permit, notice 14.12.085
replacement 14.12.090
659 (Cupertino 5-98)
TREES
trimming business licensing 14.12.080
utility companies, permit to trim 14.12.070
violation, penalty 14.12.140
TRESPASSING
Shopping center
defined 10.56.010
enforcement powers not affected
exception 10.56.030
unlawful actions 10.56.020
violation, penalty 10.56.070
-U-
UTILITIES
See FRANCHISE
SEWER
UNDERGROUND UTILITIES
WATER
UTILITY USERS EXCISE TAX
10.56.050 Administration, scope, authority 3.34.100
Benefit declaration 3.34.150
Collection
UNDERGROUND UTII.ITIES
Conversions
city responsibility 14.20.100
company responsibility 14.20.080
exceptions
designated 14.20.060
when 14.20.050
notice required 14.20.070
property owner responsibility 14.20.090
public hearing 14.20.020
time extension when 14.20.110
unlawful acts 14.20.040
violation, penalty 14.20.120
District designation 14.20.030
New developments
definitions 14.24.020
exception
administrative 14.24.060
generally 14.24.040
use permit 14.24.070
zones 14.24.050
intent 14.24.010
required 14.24.030
transition clause 14.24.080
URINATION, DEFECATION
Definitions 10.30.010
Prohibited where 10.30.020
Violation, penalty 10.30.030
debt to city, actions permitted 3.34.150
due date, delinquency, penalties 3.34.070
procedure generally 3.34.090
Conflicting provisions, resolution 3.34.200
Construance of provisions 3.34.210
Defintions, 3.34.010
Duration, term 3.34.160
Exemptions
designated 3.34.020
partial, criteria 3.34.060
Grammatical interpretation of provisions 3.34.140
Imposed, rate, applicability
See also Exemptions
electricity users tax 3.34.040
gas users tax 3.34.050
telephone users tax 3.34.030
Payment
See also Collection
failure, assessment when, effect 3.34.110
Powers deemed additional 3.34.190
Proceeds, revenue measure, disposition 3.34.170
Purpose of provisions 3.34.005
Recordkeeping requirements 3.34.120
Refund, criteria, procedure 3.34.130
Tax
See also Specific Subject
administrator defined 3.34.020
Validity of proceedings, tax
actions, proceeding limitation 3.34.230
generally 3.34.220
(Cupertino 5-98) 660
VEHICLE
- V -
Taxicab
See TAXICAB
VEHICLE
See also PARKING
TRAFI~TC
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
reconstruction 11.04.130
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
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
WATER
See also FRANCHISE
SEWER
WATERCOURSE POLLUTION
PREVENTION
Conservation
definitions 15.32.020
emergency shutoff 15.32.050
fmdings 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
f16 1 (Cupcrtino 5-98)
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
Discharges
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 Discharges
administrative penalties 9.18.130
civil penalties
illicit discharges 9.18.110
provisions, permit violation 9.18.100
misdemeanor 9.18.090
notice, contents 9.18.120
WEAPON
See FIREARM
WEEDS
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 comercial activities
applicability of provisions 19.104.020
purpose 19.104.010
(Cupertino 5-98) 662
ZONING
regulations
concentration of activities 19.104.030
proximity to residential, public, quasi-public
uses 19.104.040
Agricultural-residential zone
See A-1 zone
Agricultural uses
PR zone 19.68.030
Agricultural zone
See A zone
~'P~
T zone 19.64.060
Air sports field
FP zone 19.72.040
Amendment
boundary changes
action by director 19.120.050
action by planning commission 19.120.070
application by city 19.120.040
application by owner 19.120.030
generally 19.04.080, 19.120.020
hearing, notice 19.120.060
generally 19.120.010
Amusement park
FP zone 19.72.040
Animal
breeding
A-1 zone 19.20.030, 19.20.040
A zone 19.16.030
clinic, hospital
ML zone 19.60.030
keeping
A-1 zone 19.20.030
A zone 19.16.030
RHS zone 19.40.030, 19.40.040
RIC zone 19.44.040
Apiary
A-1 zone 19.20.040
A zone 19.16.030
Appeal
action
city council 19.136.050
planning commission 19.136.040
architectural, site review decisions 19.134.060
filing procedures 19.136.020
generally 19.136.010, 19.136.060
hearing, notification 19.136.030
Appliance rental, sales
ML. zone 19.60.030
Arboretum
A-1 zone 19.20.030
A zone 19.16.030
Archery practice range
FP zone 19.72.040
Architectural, site review
appeals generally 19.134.060
application
consideration notice 19.134.050
director actions 19.134.040
findings, conditions required for approval
19.134.080
limitations designated 19.134.070
planning commission authority, duties
19.134.020
requirements 19.134.030
extensions of approval 19.134.090
ML zones 19.60.090
purpose of provisions 19.134.010
R-2 zones 19.32.090
reports required 19.134.100
revocations of approval 19.134.090
Assembly
ML zone 19.60.030
Athletic field
FP zone 19.72.040
Auction house
ML zone 19.60.030
Automobile rental
CG zone 19.56.040
ML zone 19.60.030
Automobile sales
ML zone 19.60.030
Automobile service station
CG zone 19.56.040
ML zone 19.60.040
Automobile washing facility
CG zone 19.56.040
ML zone 19.60.040
Ei63 (Cupertino 5-98)
ZONING
A zone
applicability of provisions 19.16.020
conditional uses 19.16.040
designated 19.12.010
interpretation of provisions 19.16.090
permitted uses 19.16.030
purpose 19.16.010
site development regulations 19.16.060
solar designs 19.16.090
yard regulations 19.16.070
Bank
CG zone 19.56.030
Barn
A-1 zone 19.20.030
A zone 19.16.030
BA zone
applicability of provisions 19.64.020
designated 19.12.010
development plan required 19.64.070
permitted uses 19.64.030
purpose 19.64.010
site development regulations 19.64.090
Beverage container redemption, recycling center
See Recycling center
Bicycle motocross
FP zone 19.72.040
Billiards
FP zone 19.72.040
Boarding house
CG zone 19.56.040
Boat rental
CG zone 19.56.040
ML zone 19.60.030
Boat sales
MI. zone 19.60.030
Boneyard
A zone 19.16.050
Botanical conservatory
A-1 zone 19.20.030
A zone 19.16.030
Bowling
FP zone 19.72.040
BQ zone
applicability of provisions 19.64.020
conditional uses 19.64.050
designated 19.12.010
development plan required 19.64.070
permitted uses 19.64.040
purpose 19.64.010
site development regulations 19.64.090
Building materials sales
ML zone 19.60.030
Bus station, terminal
T zone 19.64.060
Business office
CG zone 19.56.030
Business service
CG zone 19.56.030
Cabinet shop
ML zone 19.60.030
Carpenter shop
ML zone 19.60.030
Caterer
ML zone 19.60.040
Cattle farm
A zone 19.16.050
Cemetery
A-1 zone 19.20.040
A zone 19.16.040
CG zone
applicability of provisions 19.56.020
architectural, site review 19.56.070
conditional uses 19.56.040
designated 19.12.010
permitted uses 19.56.030
prohibited uses 19.56.050
purpose 19.56.010
site development regulations 19.56.060
Changes
action 19.120.100
procedure 19.120.080
review 19.120.090
Child day care facility
BQ zone 19.64.050
GC zone 19.56.040
R-3 zone 19.36.040
Civic organization
BQ zone 19.64.050
(Cupertino 5-98) 664
ZONING
Club BQ zone 19.64.050
BQ zone 19.64.050 R-1 zone 19.28.030, 19.28.040
CG zone 19.56.030, 19.56.040 R-2 zone 19.32.030, 19.32.040
Coal sales R-3 zone 19.36.030, 19.36.040
ML zone 19.60.030 RHS zone 19.40.030, 19.40.040
Columbarium RIC zone 19.44.040, 19.44.050
A-1 zone 19.20.040 Convenience store
A zone 19.16.040 CG zone 19.56.040
Communication structures Conversion, apartment to community housing
A-1 zone 19.20.040 applicability of provisions 19.88.020
A zone 19.16.040 application
Compliance with provisions required procedures 19.88.060
19.04.030 requirements 19.88.050
Conditional use permit, variance parking 19.88.040
action 19.124.060 purpose 19.88.010
application regulations generally 19.88.030
concurrent 19.124.130 Crematory
generally 19.124.020 A-1 zone 19.20.040
authority 19.124.010 A zone 19.16.040
reports 19.124.120 Crops
conditions, findings of fact 19.124.080 A-1 zone 19.20.030
decision 19.124.050 A zone 19.16.030
effective date 19.124.090 RHS zone 19.40.040
hearing, notice 19.124.040 Dairy processing
reports 19.124.110 A-1 zone 19.20.040
revocation, extension 19.124.100 A zone 19.16.030
Conditional uses Dancehall
A-1 zone 19.20.030 FP zone 19.72.040
A zone 19.16.040 Dance instruction
BQ zone 19.64.050 FP zone 19.72.040
CG zone 19.56.040 Day care home, large family
expansion 19.124.110 A-1 zone 19.20.030, 19.20.040
FP zone 19.72.040 BQ zone 19.64.050
ML zone 19.60.040 R-1 zone 19.28.030, 19.28.040
OA zone 19.76.040 R-2 zone 19.32.030, 19.32.040
OS zone 19.24.040 R-3 zone 19.36.040
R-1 zone 19.28.040 RHS zone 19.40.030, 19.40.040
R-2 zone 19.32.040 RIC zone 19.44.050
R-3 zone 19.36.040 Day care home, small family
RHS zone 19.40.040 A zone 19.16.030
RIC zone 19.44.050 R-1 zone 19.28.040
Conflict of provisions 19.04.040 R-2 zone 19.32.030
Congregate residence R-3 zone 19.36.030
A-1 zone 19.20.030, 19.20.040 RHS zone 19.40.030
A zone 19.16.030, 19.16.040 RIC zone 19.44.040
(iC5 (Cupertino 5-98)
ZONING
Day nursery
CG zone 19.56.040
Definitions
applicability, purpose of provisions
19.08.010
construction of provisions 19.08.020
designated 19.08.030
Delivery service
ML zone 19.60.030
Density bonus
applicability of provisions 19.52.030
application 19.52.070
concessions 19.52.040
definitions 19.52.020
purpose 19.52.010
requirements
affordable housing units 19.52.060
generally 19.52.050
Development agreement
application
fees 19.116.060
form, contents 19.116.050
qualification required 19.116.070
review 19.116.090
authority of provisions 19.116.030
cancellation
city 19.116.280
mutual consent 19.116.260
rights 19.116.290
certificate of compliance
appeal 19.116.250
issuance 19.116.230
construction of provisions 19.116.330
contents 19.116.100
definitions 19.116.040
effect 19.116.320
(Cupertino 5-98) 666/668
ZONING
Map
azeas not shown 19.12.040
district boundaries 19.12.030
use, interpretation 19.12.050
Martial arts
FP zone 19.72.040
Mausoleum
A-1 zone 19.20.040
A zone 19.16.040
Messenger service
ML zone 19.60.030
Mine
A-1 zone 19.20.040
A zone 19.16.040
Minor change
applicability of provisions 19.132.030
application diversion to administrative approval
approval 19.132.060
generally 19.132.040
time period suspension 19.132.050
defined 19.132.020
purpose of provisions 19.132.010
reports 19.132.070
ML zone
applicability of provisions 19.60.020
azchitectural, site review 19.60.090
conditional uses 19.60.040
designated 19.12.010
emission restrictions 19.60.060
parking, loading 19.60.080
permitted uses 19.60.030
prohibited uses 19.60.050
purpose 19.60.010
site development regulations 19.60.070
Mortuary
CG zone 19.56.040
Motel
CG zone 19.56.040
Motion picture studio
ML zone 19.60.030
Multiple-family residential dwelling
R-3 zone 19.36.030
Multiple-family zone
See R-3 zone
Museum
FP zone 19.72.040
Noncomplying facility
See also Nonconforming use
appeal 19.112.120
applicability of provisions 19.112.010
enlargement prohibited 19.112.060
maintenance, repair 19.112.070
proceedings 19.112.110
record 19.112.100
replacement 19.112.080
value determination 19.112.090
Nonconforming use
See also Noncomplying facility
appeal 19.112.120
applicability of provisions 19.112.010
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
azchitectural, site review 19.76.070
conditional uses 19.76.040
designated 19.12.010
permitted uses 19.76.030
purpose 19.76.010
site development regulations 19.76.050
Off-street parking
See also Parking
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
f)71 (Cupertino 5-98)
ZONING
Orchard
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
ML zone 19.60.030
Pazk
PR zone 19.68.030
Park and recreation zone
See PR zone
Pazking
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
shared parking regulations 19.100.040
Pazking, Parking garage
CG zone 19.56.040
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 1 9.16.030
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
RIC zone 19.44.040
T zone 19.64.060
Personal services
CG zone 19.56.030
Pets
R-2 zone 19.32.030
R-3 zone 19.36.030
Pet shop
CG zone 19.56.040
Photography studio
CG zone 19.56.030
Picnic area
BQ zone 19.64.050
FP zone 19.72.040
Planned development zone
See PD zone
Playground
CG zone 19.56.040
PR zone 19.68.030
OS zone 19.24.040
Pond
OS zone 19.24.040
Pool
OS zone 19.24.040
Poultry raising, hatchery
A-1 zone 19.20.040
A zone 19.16.030
Prezoning 19.120.110
Private recreation zone
See FP zone
(Cupefino 5-98) 672.
ZONING
processing purpose 19.32.010
ML zone 19.60.030 yard 19.32.080
Professional office R-3 zone
CG zone 19.56.030 applicability of provisions 19.36.010
OA zone 19.76.030 conceptual development plan required
Prohibited uses 19.36.050
A-1 zone 19.20.030 conditional uses 19.36.040
A zone 19.16.050 designated 19.12.010
CG zone 19.56.050 parking 19.36.070
FP zone 19.72.070 permitted uses 19.36.030
ML zone 19.60.050 purpose 19.36.010
PR zone site development regulations 19.36.060
applicability of provisions 19.68.020 Racquet club
designated 19.12.010 FP zone 19.72.040
park master plan required 19.68.040 Radioactive material manufacture
permitted uses 19.68.030 ML zone 19.60.040
purpose 19.68.010 Radio aerial
Public building zone See Wireless communications facilities
See BA zone Radio station
Purpose of provisions 19.04.010 ML zone 19.60.030
Quarry Radio tower
A-1 zone 19.20.040 A-1 zone 19.20.040
A zone 19.16.040 A zone 19.16.040
Quasipublic building zone Railroad
See BQ zone T zone 19.64.060
R-1 zone Ranch
applicability of provisions 19.28.020 A-1 zone 19.20.040
conditional uses 19.28.040 A zone 19.16.040
designated 19.12.010 Real estate agency
interpretation of provisions 19.28.090 CG zone 19.56.030
lot 19.28.060 Recreation
permitted uses 19.28.030 OS zone 19.24.030
purpose 19.28.010 PR zone 19.68.030
site development regulations 19.28.050 RHS zone 19.40.040
solar design 19.28.080 Recycling azea
yard 19.28.070 applicability of provisions 19.81.030
R-2 zone definitions 19.81.020
applicability of provisions 19.32.020 maintenance, collection 19.81.050
azchitectural, site review 19.32.090 purpose of provisions 19.81.010
building coverage, setbacks 19.32.070 site development requirements 19.81.040
conditional uses 19.32.040 violation, penalty 19.81.060
designated 19.12.010 Recycling center
height 19.32.050 administration of provisions 19.82.070
lot 19.32.060 compliance required, violation, penalty
permitted uses 19.32.030 19.82.020
,~73 (Cupertino 5-98)
ZONING
definitions 19.82.030
permit
multiple sites 19.82.050
required 19.82.040
purpose of provisions 19.82.010
standards 19.82.060
Religious organization
BQ zone 19.64.050
Repair services
CG zone 19.56.030
ML zone 19.60.030
Research and development
ML zone 19.60.030
Research facility
OA zone 19.76.040
Residential care facility
A-1 zone 19.20.030, 19.20.040
A zone 19.16.030, 19.16.040
BQ zone 19.64.050
R-1 zone 19.28.030, 19.28.040
R-2 zone 19.32.030, 19.32.040
R-3 zone 19.36.030, 19.36.040
RHS zone 19.40.030, 19.40.040
RIC zone 19.44.040, 19.44.050
Residential duplex zone
See R-2 zone
Residential hillside zone
See RHS zone
Residential single-family cluster zone
See RIC zone
Restaurant
CG zone 19.56.030
Retail store
CG zone 19.56.030
RHS zone
applicability of provisions 19.40.020, 19.40.145
building restrictions 19.40.060
conditional uses 19.40.040
designated 19.12.010
design standards 19.40.070
driveways, private roads 19.40.110
fencing 19.40.080
geologic, soil reports 19.40.100
interpretation of provisions 19.40.130
permitted uses 19.40.030
purpose 19.40.010
site development regulations
designated 19.40.050
exceptions, conditions, procedure 19.40.140
solar design 19.40.120
yard 19.40.090
RIC zone
applicability of provisions 19.44.020
characteristics 19.44.030
conditional uses 19.44.050
designated 19.12.010
development plan
modifications 19.44.080
standards 19.44.070
permitted uses 19.44.040
purpose 19.44.010
waste development regulations 19.44.060
School
BQ zone 19.64.050
CG zone 19.56.040
Second dwelling unit
A-1 zone 19.84.020
applicability of provisions 19.84.020
architectural review 19.84.060
A zone 19.84.020
non-conforming, illegal second dwelling
units 19.84.070
occupancy 19.84.050
parking 19.84.040
purpose 19.84.010
R-1 zone 19.28.040, 19.84.020
RHS zone 19.40.030
RHS zone 19.40.040, 19.84.020
site development regulations 19.84.030
Shed
A zone 19.16.030
Single-family dwelling unit
A-1 zone 19.20.030
A zone 19.16.030
PR zone 19.68.030
R-1 zone 19.28.030
RHS zone 19.40.030
RIC zone 19.44.040
Single-family residential zone
See R-1 zone
(Cupertino 5-98) 674