2000 DecemberSIIPPLEMENT
INSERTION GUIDE
CUPERTINiO MUNICIPAL CODE
December, 2000
(Covering Orciinances through 1861)
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 colurrm headed "Insert Pages."
This Guide for Insertion should. be retained as a permanent record of pages
supplemented and should be insert~:,cl in the front of the code.
Remove Pages Insert Pages
Preface ............... Preface
Checklist i-v .....Checklist i--v
TEXT
Remove Pages Insert Pages
537-538 ......... 537-538-1
541-542 ......... 541-542-1
588-9-588-12.10 .......... .
.......... 588-9-588-12. l0a
245 ................... 245
281 ............. .. 281-282
295-296 ......... .. 295-296
307-308 ......... .. 307-3 08
313-316 ......... 313-31 E ~-1
318 -1-3 20 ........ 318 -1-319
321-322 ......... .. 321-3 22
368-1-368-2 ..... 368-1-368-2
TABLES
614-13 ........ 614-13-614-14
INDEX
648-1 X50 ........ 649-b50-1
65556 ...........655-656
669-670 ...........669-670
PF:EFACE
The Cupertino Municipal ~~ode, originally published by Book
Publishing Company in 1973, has been kept current by regulaz
supplementation.
During original codification, the ordinances were compiled,
edited and indexed by the ~rditorial staff of Book Publishing
Company under the directi~~n of Mr. David H. Adams, city
attorney.
The code is organized by :subject matter under an expandable
three-factor decimal numbering system which is designed to
facilitate supplementation without disturbing the numbering of
existing provisions. Each section number designates, in se-
quence, the numbers of the title, chapter, and section. Thus,
Section 17.12.050 is Section .050, located in Chapter 17.12 of
Title 17. In most instances, sections are numbered by tens (.010,
.020, .030, etc.), leaving nine; vacant positions between original
sections to accommodate future provisions. Similarly, chapters
and titles aze numbered to provide for internal expansion.
In parentheses following each section is a legislative history
identifying the specific so:~rces for the provisions of that
section. This legislative history is complemented by an ordi-
nance disposition table, following the text of the code, listing by
number all ordinances, their subjects, and where they appeaz in
the codification.
Footnotes referring to applicable statutory provisions are
located throughout the text. A subject-matter index, with
complete cross-referencing, locates specific code provisions by
individual section numbers.
This supplement brings the code up to date through Ordi-
nance 1861, passed October 16, 2000.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
~~~mno i~oo~
CHI.CKLIST
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 12-00 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
Title 1:
1 .............................. 1-95
3-~ .......................... 12-95
7-10 .......................... 11-98
lal ........................... 11-98
11-15 ......................... 12-95
Title 2:
17-20 .......................... 8-99
2a 1-20-4 ....................... 8-99
20-4a ........................... 8-99
2a5-2a6 ....................... 8-97
21-22 .........:................ 6-99
22a ............................ 6-99
22-1-22-3 ...................... 12-95
23-24 .......................... 8-99
24a-24b ........................ 1-95
25-30 ......................... 12-95
31-34 .......................... 6-00
35-51 ......................... 12-95
5 ZS 8 .......................... 12-95
5 9-60 .......................... 3 - 89
61-63 .......................... 5-96
64/66 ........................... 5-96
67-70 ....................... (no date)
7a 1-7a2 ...................... 12-95
7a3-7a4 ...................... 12-91
7a5-7a8 ....................... 5-96
7a9 ............................ 5-95
7 a 11-7 a 12 ..................... 6-00
Page Number Date
87-88 ....................... (no date)
89-100 ........................ 12-96
100a-100b ..................... 12-96
1 Oa 1-100-2 ..................... 2-93
10a2a .......................... 2-93
l Oa3-10x4 ..................... 5-92
100-5-10x6 .................... 12-95
100-7-10x8 .................... 12-96
100-9-10a 12 .................... 9-92
l0a 13-10a 14 .................. 12-96
Title 4:
101 ......................... (no date)
Title 5:
103 ........................... 12-96
105-106 ....................... 12-95
107-108 ........................ 2-93
109-110 ....................... 12-95
111-112 ........................ 8-99
113-114 ........................ 3-99
115-117 ....................... 12-95
119-124 ....................... 12-96
125-128 ........................ 8-99
129-130 ....................... 12-96
13x1 .......................... 12-96
131-132 ....................... 12-95
133-134 ....................... 12-96
135/ 141 ........................ 12-95
142-1-142-4 .................... 12-96
Title 3:
71 ............................ 12-95
73-76 ......................... 12-96
77 ............................. 8-99
78/86 ........................... 8-99
Title 6:
143-150 ........................ 5-96
151 ........................... 12-96
152/156 ........................ 12-96
157-158 ....................... 10-93
i cCl~pertino i2oo>
Page Number Date
15 9-160 ....................... 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)
Title 8:
183-204 ........................ 5-94
204-1-204-3 ..................... 5-94
Title 9:
205 ........................... 11-98
207-208 ..................... (no date)
209-210 ....................... 12-96
210-1-210-6 ..................... 3-96
210-7 .......................... 12-96
210-9 ........................... 5-96
211-212 ..................... (no date)
213-214 ........................ 5-96
215-216 ....................... 12-96
217-218 . ........................ 5-96
219-220 ..................... (no date)
221-222 ........................ 5-96
223-224 ........................ 3-87
225-234 ........................ 5-96
235-239 ....................... 12-96
240/242 ........................ 12-96
242-1-242-8 ..................... 9-91
243-244 ....................... 11-9 8
244-1 .......................... 11-9 8
Title 10:
245 ........................... 12-00
247 248 ....................... 12-96
249250 ........................ 8-99
250-1-250-2 ..................... 8-99
251-258 ....................... 12-96
25 8-1 ........................... 9-92
Page Number Date
25 9-274 ....................... 12-96
275-276 ........................ 8-99
277 ........................... 12-96
2781278-2 ....................... 12-96
278-2a-278-2b .................... 1-95
279-280 ....................... 12-96
281-282 ....................... 12-00
Title 11:
283 ........................... 12-96
285-290 ........................ 5-95
291-292 ....................... 11-97
292-1 .......................... 11-97
293-294 ........................ 8-94
295-296 ....................... 12-00
296-1 .......................... 12-87
297/299 ........................ 11-86
301-304 ....................... 12-96
305-306 ........................ 2-00
307-308 ....................... 12-00
309 ........................... 12-96
311-312 ........................ 3-87
313-316 ....................... 12-00
316-1 .......................... 12-00
317-318 ........................ 2-00
318-1-318-2 .................... 12-00
319 ........................... 12-00
320a ............................ 5-95
320-1-320-2 ..................... 2-00
320-3 ........................... 5-96
321-322 ....................... 12-00
322-1 ........................... 2-00
323-324 ....................... 12-87
325-326 ....................... 11-86
327-328 ....................... 11-97
3 29-3 3 2 ....................... 12-96
332-1 .......................... 12-96
333-334 ....................... 11-86
334-1-334-3 .................... 12-96
335-338 ..................... (no date)
339-340 ........................ 6-00
340-1 ........................... 3-88
341-342 ....................... 12-87
«~ iz~ao~ u
Page Number Date
342-1-342-2 .................... 12-96
Title 12:
343 ......................... (no date)
Title 13:
345-354 ..................... (no date)
Title 14:
355 ........................... 12-96
357-358 ... ..................... 8-94
359-360 ... ..................... 3-89
360-1 ...... ..................... 3-89
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)
368-1-368-2 .................... 12-00
368-3-368-4 .................... 12-96
369-372 ... .................. (no date)
373-376 ... .................... 12-96
376-1-376-2 .................... 12-96
376-2a .:... .................... 12-96
376-3-376-4 ..................... 4-94
377-378 ... .................... 12-96
378-1-378-2 ..................... 9-00
378-3-378-4 .................... 11-99
378-4a ..... .................... 11-99
378-5-378-6 ..................... 6-99
379-382 ... .................. (no date)
383-385 ... ..................... 8-94
Title 15:
387-394 ........................ 5-98
395/411 ......................... 5-98
Title 16:
41317 ........................ 8-99
418/420 ......................... 8-99
421-434 ........................ 5-98
435-436 ........................ 9-00
Page Number Date
437-438 ........................ 5-98
43943 ........................ 8-99
445-448 ........................ 6-00
448-1 ........................... 5-98
449-454 ....................... 10-93
455-458 ........................ 5-98
459-464 ........................ 8-99
464-1-464-4 ..................... 8-99
464-4a-464-4b .................... 8-99
464-4b.1-464-4b.16 ................ 8-99
464-4c .......................... 5-98
464-564-12 ................... 10-90
46567 ........................ 5-98
468/474 ......................... 5-98
474-1-~74-2 ..................... 3-88
475-476 ........................ 5-98
477---480 ........................ 8-99
480-1-~80-2 ..................... 8-99
Title 17:
481 ............................ 8-98
483--~84 ........................ 8-97
485-488 ....................... 10-93
489-490 ........................ 5-96
491---492 ....................... 11-98
492-1 .......................... 11-98
493-494 ....................... 12-94
494-1 .......................... 12-94
495-498 ....................... 11-98
498-1 .......................... 11-98
499-500 ........................ 8-97
501-504 ........................ 6-00
505/515 ........................ 12-96
Title 18:
517-536 ....................... 12-95
537-538 ....................... 12-00
538-1 .......................... 12-00
539-540 ....................... 12-95
541-542 ....................... 12-00
542-1 .......................... 12-00
543-568 ....................... 12-95
568-1-568-6 .................... 12-95
lll (~tpertino 12-00)
Page Number Date
Title 19:
569-570 ........................ 8-98
571-572 ....................... 12-94
573-574 ........................ 9-00
575-576 ........................ 8-98
577-582 ........................ 9-00
583-584 ........................ 8-98
585-586 ........................ 9-00
5 87-5 88 ........................ 2-93
588-1-588-4 ..................... 7-95
588-5-588-6 ..................... 8-99
588-6a-588-6b .................... 7-95
588-7-588-8 ..................... 4-94
588-9-588-12 ................... 12-00
588-12.1-588-12.10 ............... 12-00
588-12.10a ...................... 12-00
5 88-12.11 ....................... 11-99
588-12a-588-12b .................. 8-98
588-13 .......................... 8-98
588-15-588-16 ................... 6-00
588-16a-5-88-16b ................. 6-00
5 88-17-588-18 .................. 12-96
588-19-588-22 ................... 8-96
588-22588-22b .................. 8-98
588-22c 588-22d ................. 12-96
588-23-588-24 ................... 7-95
588-24a-588-24b .................. 7-95
588-25-588-26 .................. 12-93
588-27-588-32 ................... 6-00
588-33-588-34 .................. 12-96
588-35-588-36 ................... 8-98
588-36a-588-36b .................. 6-00
588-37 .......................... 6-99
588-38a ......................... 8-98
588-39-588-42 ................... 5-98
588-43-588-44 ................... 6-00
588-44a ......................... 6-00
588-45-588-48 ................... 2-93
588-49-588-50 ................... 8-98
588-SOa-588-SOb .................. 6-99
588-51-588-52 ................... 6-00
588-52a-588-52d ................. 12-96
588-52e-588-52h .................. 5-95
Page Number Date
588-52i-588-52j .................. 12-96
588-53-588-54 ................... 6-99
588-55-588-58 ................... 8-98
588-58a ......................... 8-98
588-59-588-60 ................... 2-93
588-61-588-62 .................. 12-93
588-63-588-64 ................... 4-94
588-65 .......................... 4-99
588-66/588-68 ..................... 4-99
588-69-588-72 ................... 2-97
588-72a-588-72c .................. 2-97
588-73-588-74 ................... 4-99
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
588-91-588-94 ................... 6-99
588-95-588-96 ................... 8-98
588-97-588-99 ................... 6-00
588-100a-588-100b ................ 5-98
Title 20:
588-101 ........................ 12-94
588-103-588-106 ................. 12-96
Tables:
589-590 ........................ 5-96
591-592 ........................ 5-98
593-594 ........................ 2-93
595-599 ....................... 12-96
601514 ........................ 5-98
614-1-614-4 ..................... 5-98
614-5-614-8 ..................... 8-98
614-9-614-10 .................... 8-99
614-11-614-12 ................... 9-00
614-13-614-14 .................. 12-00
ca~~~ ~z-oo> iv
Page Number Date
Index:
615 16 ....................... 12-9ti
617 18 ........................ 5-9f3
619-620 ........................ 8-95~
621 X22 ........................ 8-9"i
62324 ........................ 6-00
624-1 ........................... 6-00
62527 ....................... 11-95~
629/631 ......................... 3-9f i
63338 ....................... 12-9Ei
639-G40 ........................ 8-95-
640-1 ........................... 8-95~
64142 ....................... 12-9Ei
ti43--b48 ........................ 6-0(1
64950 ....................... 12-0()
650-1 .......................... 12-0(1
651 ........................... 12-9Ei
652/654 ........................ 12-9Ei
655-656 ....................... 12-0()
657-658 ........................ 5-9f.
659-660 ........................ 8-95~
(i61~64 ........................ 6-0(1
665-666 ........................ 6-95-
(i67~68 ........................ 8-9f.
669-670 . ....................... 12-0()
670-1 .......................... 11-95 ~
67173 ........................ 8-9f.
v
(c~~peitino 11.00)
'Citle 10
PUBLIC PEACE, SAFETY AND MORALS
Chapters:
-10.10 Conduct in Publlic Buildings
10.20 Explosives
10.21 Newsracks
10.24 Fireworks
10.25 Regulation Smol'~ng in Certain Public Places
10.26 Regulation of Police Alarm Systems and Devices
10.27 Cigarette and/or Tobacco Vending Machines
10.30 Elimination of Bodily Waste in Public Places
10.44 Parades and Atldetic Events
10.48 Community Nome Control
10.49 Consumption of or Possession of Open
Container of Intoxicating Liquors in Public
Places
10.52 Distribution of Ilandbills and Advertisements
10.56 Trespassing Upa~n Parking Lots, Shopping
Center Property and Other Property Open to •
the Public
10.60 Regulation of Graffiti
10.68 Curfew
10.76 Firearms Permit:
10.80 Solicitation Pro)bubitions on Designated Public
Rights-of--Way
245 (C~perdno 12-00)
10.76.010
Chapter 10.76
FIREARMS PERMIT*
Sections:
10.76.010 Permit required.
10.76.020 Violation-Penalty.
* For statutory provisions regarding dangerous weapons, see Penal
Code § 12000 et seq.
10.76.010 Permit required.
No person shall shoot or dischazge any gun,
pistol or other firearms or any air-gun or pistol or
spring-gun or pistol, not in necessary self-defense
or in the performance of official duty, without fast
having obtained a written permit from the Chief of
Police or other officer designated by him. The Chief
of Police shall issue a permit to shoot or dischazge
any such gun, pistol or firearm only when he fmds
that the proposed use thereof will not endanger life
or property. The Chief of Police may issue such
written permit subject to such reasonable conditions
as he fmds will reduce or eliminate hazard to life or
property. It is unlawful for any person to shoot or
dischazge any such gun, pistol or firearm contrary
to the provisions of this section or contrary to the
conditions of such written permit. (Ord. 166 § 1,
1962)
10.76.020 Violation-Penalty.
Any person who violates the provisions of this
chapter shall be guilty of a misdemeanor and upon
conviction thereof shall be punished as provided in
Chapter 1.12. (Ord. 1731 (part), 1996: Ord. 1179 §
2 (part), 1982: Ord. 166 § 5, 1961)
281
(C~peatino 12-00)
10.80.010
Chapter 10.80
SOLICITATION PROIIIBI:TIONS ON
DESIGNATED PUBLIC RIGHTS-OF-WAY
Sections:
10.80.010 Definitions.
10.80.020 Prohibition.
10.80.030 No vehicle solicitation zone.
10.80.040 Violation-Penalty.
10.80.010 Definitions.
For purposes of this chapter the following words
and phrases have the meanings ascribed herein:
A. "Employment" means services, industry or
labor performed by a person for wages or other
compensation or under any contract for hire, written,
oral, express or implied.
B. "Solicit" means any request, offer, entice-
ment, or action which announces the availability for
or of employment, the sale of goods, or a request
for money or other property, or any request, offer,
enticement or action which seeks to purchase or
secure goods or employment, or to make a contribu-
tion of money or other property. Solicitation shall
include participation in discussions undertaken in
response to the solicitation by another. A solicitation
shall be deemed complete when made whether or
not an actual employment relationship is created, a
transaction is completed, or an exchange of money
or other property takes place.
C. "Public right-of--way" means public streets,
highways, and sidewalks, including driveways.
D. "Director" means the City's Director of Pub-
lic Works. (Ord. 1854 § 1 (part), 2000)
10.80.020 Prohibition.
A. It is unlawful for any person, while standing
in any portion of a public right-of-way, in a posted
no vehicle solicitation zone, to solicit, or attempt to
solicit any person traveling in a vehicle along a
public right-of-way.
B. It is unlawful for any person, while the driver
or occupant of any vehicle in a public right-of--way,
in a posted no vehicle solicitation zone, to solicit,
or attempt to solicit any person who is within the
public right-of--way. (Ord. 1854 § 1 (part), 2000)
10.80.030 No vehicle solicitation zone.
A. The Director may declare any public right-of-
way, or portion thereof, within the City to beano
vehicle solicitation zone if the Director fords, based
upon traffic volume, traffic patterns and the nature
of the conduct of the solicitation activity, that the
solicitation occurring in that azea creates an undue
hazazd to public safety.
B. The prohibition set forth in Section 10.08.020
is only enforceable in any azea declazed to beano
vehicle solicitation zone upon the posting of signs
giving notice of the prohibition. (Ord. 1854 § 1
(P~), 2~)
10.80.040 Violation-Penalty.
Any person violating any of the provisions of this
chapter shall be deemed guilty of an infraction, and
upon conviction thereof shall be punishable as pro-
vided in Chapter 1.12. (Ord. 1854 § 1 (part), 2000)
(ctipatinu iz-oo) 282
11.08.210
If the passenger is a minor weighing forty pounds
or less, the seat shall have adequate provision foi•
retaining the minor in place and for protecting the
minor from the moving parts of the bicycle. (Ord.
1420 (part), 1987)
11.08.220 Carrying articles.
No person operating a bicycle shall carry any
package, bundle or article which prevents the opera-
tor from keeping at least one hand upon the handle-
bars. (Ord. 1420 (part), 1987)
and use of vehicles and bicycles with respect to
them, so long as the same are consistent with this
chapter. Before such a sign is erected, the subject
bicycle lane shall be designated on such streets by
an approved painting or sign, or in such other man-
ner asthe City Manager shall determine will provide
sufficient notice of the existence of such bicycle
lane. When such a painting or sign is in place, no
person shall disobey it.
DESIGNATION OF BICYCLE LANES
11.08.230 Motor vehicles and motorized
bicycles in bicycle lanes.
A. Whenever a bicycle lane has been established
on a roadway pursuant to Section 21207 of the
California Vehicle Code, any person operating a
motor vehicle on such roadway shall not drive in
the bicycle lane except to pazk where pazking is
permitted, to enter or leave the highway, or to pre-
pare for a turn.
B. This section does not prohibit the use of a
motorized bicycle in a bicycle lane pursuant to
Section 21207.5 of the California Vehicle Code;
provided, that no person shall operate a motorized
bicycle upon a bicycle lane at a speed greater than
is reasonab_ le or prudent having due regard for visi-
bility and the traffic on, and the surface of, the
bicycle lane, and in no event in a manner which
endangers the safety of bicyclists utilizing the bicy-
cle lane. (Ord. 1420 (part), 1987)
11.08.240 Impoundment.
The City may impound and retain possession of
any bicycle in violation of the provisions of this
chapter, and may retain possession of such bicycle
until the provisions of this chapter are complied
with. In addition, a fine may be imposed for any
violation of this chapter pursuant to Section
11.08.310. (Ord. 1420 (part), 1987)
11.08.250 Bicycle lanes-Designated.
The City Manager, upon approval of the City
Council, is authorized to erect or place signs upon
any street in the city indicating the existence of a
bicycle lane, and otherwise regulating the location
Street Description Side
Foothill Boulevard Freeway 280 to Stevens Creek Both
Boulevard
Bubb Road Stevens Creek Boulevard to Rainbow Both
Drive
Mary Avenue Meteor to Stevens Creek Boulevard Both
Stelling Road Homestead Road to Rainbow Drive Both
Kim Street Kirwin Lane to Bollinger Road Both
Blaney Avenue Homestead to Stevens Creek Both
Boulevard
Tantau Ave Homestead Road to Stevens Creek Both
Boulevazd
Homestead Road Grant Road to Swallow Drive Both
Ptuneridge Avenue Wolfe Road to Tantau Avenue Both
Mariam Avenue De Anza Boulevard to Memtt Drive Both
Vallco Parkway Wolfe Road to Tantau Avenue Both
McClellan Road Byme Avenue to Stelling Road Both
Bollinger Road Miller Avenue to Narciso Court Both
Rainbow Dtive Stelling Road to DeAnza Boulevard Both
(Saratoga-Sunnyvale Road)
Stevens Creek East City Limit to the West Both
Boulevard City Limit
(Ord. 1856, 2000; Ord. 1848, 2000; Ord. 1766,
1997; Ord. 1759, 1997; Ord. Ord. 1745, 1996; Ord.
1740, 1996; Ord. 1731 (part), 1996; Ord. 1544,
1991; Ord. 1517, 1990; Ord. 1420 (pazt), 1987)
11.08.26(1 Bicycle route-Designated.
The City Manager, upon approval of the City
Council, is authorized to erect or place signs upon
any street in the City indicating the existence of a
bicycle route, and otherwise regulating the location
and use of vehicles and bicycles with respect to
them, so long as the same aze consistent with this
chapter. Before such a sign is erected, the subject
bicycle route shall be designated on such streets by
an approved sign, or in such other manner as the
295 ((~putino 12-00)
11.08.260
City Manager determines will provide sufficient
notice of the existence of such bicycle route.
DESIGNATION OF BICYCLE ROUTE
Street Description Side
Foothill Boulevard Stevens Creek to McClellan Road Both
Stevens Canyon Road McClellan to South City Limits Both
Bandley Drive Valley Green Drive to Stevens Both
Creek Boulevard
Portal Avenue Merritt Drive to Price Avenue Both
Lubec Street Mary Avenue to Anson Way Both
Anson Way to Milford Drive Both
Milford Drive to Castine Avenue Both
Castine Avenue to Greenleaf Drive Both
Greenleaf Drive to Beardon Drive Both
Beardon Drive to Valley Green Drive Both
Valley Green Drive to Bandley Drive Both
Merritt Drive Matiani Avenue to Portal Avenue Both
Lazaneo Drive Bandley Drive to Forest Avenue Both
Forest Avenue to Blaney Avenue Both
Peppertree Lane Stelling Road to Bonny Drive Both
Bonny Drive to Shelly Drive Both
Shelly Drive to Teny Way Both
Teny Way to Rodrigues Avenue Both
Rodrigues Avenue to Blaney Avenue Both
Price Avenue Blaney Avenue to Portal Avenue Both
McClellan Road Foothill Boulevard to Byme Avenue Both
Erin Way Stalling Road to Kirwin Lane Both
Kitwin Lane to Kim Street Both
Bollinger Road Kim Street to DeAnza Boulevard Both
(Ord. 1739,1996; Ord. 1731 (part), 1996; Ord. 1420
(Part), 1987)
11.08.270 Prohibition of skateboarding and
roller skating.
It is unlawful and subject to punishment in accor-
dance with Section 11.08.280 of this chapter, for
any person utilizing or riding upon any skateboard,
roller skates or any similaz device to ride or move
about in or on any public property when the same
property has been designated by the City Council
and posted as a "No Skateboazding or Roller Skat-
ing Area." The following is established as a no
skateboazding or roller skating area:
Civil Center Plaza (city hall/library). (Ord. 1767
(part), 1997)
11.08.280 Violation-Penalty.
Any person who violates any of the provisions of
this chapter is guilty of an infraction, and, upon
conviction thereof, shall be punished as provided in
Chapter 1.12 of this code, except that no fine im-
posed for violation of any licensing and registration
provisions of this chapter shall exceed five dollazs.
(Ord. 1767 (part), 1997; Ord. 1420 (part), 1987)
(l~penino 12-00) 296
11.20.030
proceed, and the drivers of all other vehicles ap-
proaching on that part of the street protected by the
stop sign shall yield the right-of--way to the vehicle
about to enter or cross the protected part of the
street:
Alves Drive
Bandley Drive
Blaney Avenue and Clifford Drive
Blaney Avenue and Forest Avenue
Blaney Avenue and John Drive
Blaney Avenue and Merritt Drive
Blaney Avenue and Rodrigues Avenue
Blaney Avenue and Suisun Drive
Blue Jay Drive and Northwest Squaze
Bubb Road and Columbus Avenue
Bubb Road and Hyannisport Drive
Bubb Road and Pumpkin Drive
Bubb Road and Rainbow Drive
Byrne Avenue and San Fernando Avenue
Dempster Avenue, Fitzgerald Drive and Peninsula
Avenue
Dempster Avenue and Stokes Avenue
East Estates Drive and Davison Avenue
East Estates Drive and Glenview Avenue
East Estates Drive and La Maz Drive
East Estates Drive and Richwood Drive
Finch Avenue and Phil Lane
Folkstone Drive and Yorkshire Drive
Foothill Boulevazd and Stevens Creek Boulevazd
Fort Baker Drive and Hyannisport Drive
Granada Avenue and Pasadena Avenue
Huntridge and Stelling
Kim Street and Kirwin Lane
Janice Avenue and Palo Vista Road
Lazaneo Drive and Vista Drive
Merritt Drive and Portal Avenue
Mira Vista Road and Palm Avenue
North Portal Avenue and Wheaton Drive
Olive Avenue and Pasadena Avenue
Orion Lane and Stelling Road
Pacifica Drive and Farallone Avenue
Prospect Drive and Seven Springs Pazkway
Prospect Road and Stelling Road
Rainbow Drive and Weymouth Drive
Rainbow Drive and Yorkshire Drive
Rodrigues Avenue and Torre Avenue
Santa Claza Avenue and Grand Avenue
Terrace Drive and Terra Bella Drive
Waterford Drive and Stelling Road. (Ord. 1855,
2000; Ord. 1765 (part), 1997; Ord. 1762, 1997; Ord.
1704 (part), 1995; Ord. 1698 (part), 1995; Ord.
1482, 1989; Ord. 1445 (part), 1988; Ord. 1429
(part), 1987; Ord. 1406, 1987; Ord. 1339 (part),
1985; Ord. 1297, 1985; Ord. 1268, 1984; Ord. 1181,
1982; Ord. 1130 (part), 1981; Ord. 1070, 1980; Ord.
994, 1980; Ord. 976, 1980; Ord. 970 (part), 1980;
Ord. 942, 1979: Ord. 900 (part), 1978: Ord. 467 §
3.2, 1970)
307 (~peruno 12-00)
11.24.010
Chapter 11.24
STOPPING, STANDING AND PARKING-
PUBLIC STREETS*
Sections:
11.24.010 Purpose.
11.24.020 Scope.
11.24.030 DeSnitions.
11.24.040 Curb markings and signs
designated.
11.24.050 Obedience to signs.
11.24.060 Prohibited at certain locations.
11.24.070 Parking space markings.
11.24.080 Authority to establish loading
zones.
11.24.090 Loading zones-Marking.
11.24.100 Passenger loading zones.
11.24.110 Spaces restricted to
handicapped persons.
11.24.120 Prohibited in parkways.
11.24.130 Prohibited for more than
seventy-two hours.
11.24.140 Parking for purposes of
display, servicing, or
repairing.
11.24.150 Parking prohibited along
certain streets.
11.24.160 Prohibited during certain
hours.
11.24.170 Limitations on certain streets.
11.24.180 Diagonal parking.
11.24.190 Off street parking for
handicapped persons.
11.24.200 Removal of vehicles from
street.
11.24.210 Violation-Penalty.
11.24.220 Temporary parking zones-
Permit procedure.
11.24.230 Parking prohibited where use
of street is necessary for
cleaning or repair.
11.24.240 Blocking of intersections
prohibited.
* For statutory provisions relating to stopping, standing and parking,
sce Veh. Code § 22500 et seq. For provisions regarding the parking
or leaving of vehicles in public parks, see Ch. 13.04 of this code;
for provisions regarding the enforcement of parking regulations, see
Ch. 2.30. Prior ordinance history: Ord. 381.
11.24.010 Purpose.
The provisions of this chapter prohibiting the
stopping, standing or parking of a vehicle shall
apply at all times, or at those times herein specified,
except when it is necessary either to stop a vehicle
to avoid conflict with other traffic, or in compliance
with the directions of a law enforcement officer or
official traffic-control device. (Ord. 843 § 4.1, 1977)
11.24.020 Scope.
The provisions of this chapter imposing a time
limit on stopping, standing, or pazking shall not
relieve any person from the duty to observe other
and more restrictive provisions of the Vehicle Code
of the state, or the ordinances of the City prohibiting
or limiting the stopping, standing, or parking of
vehicles in specified places or at specified times.
(Ord. 843 § 4.2, 1977)
11.24.030 Definitions.
The following words and phrases when used in
this chapter shall have the meanings set forth in this
section:
A. "Emergency" means a situation in which
immediate, temporary, small-scale maintenance is
necessary in order to permit an otherwise operable
vehicle to continue, such as changing a flat tire,
jump-starting a dead battery, or adding water to an
overheated radiator. An emergency situation shall
not be construed to permit work on, or storage of,
a vehicle which could be towed to an appropriate
location for repair or servicing.
B. "Display for sale" means to place, store, pazk,
or cause to be placed, stored or pazked, for the
primary purpose of selling such vehicle or part
thereof, as opposed to parking such vehicle tempo-
rarily for the purpose of carrying out incidental
ca,p«~~ t2-0ol 308
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 pazk 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 pazk
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, pazked, placed, or abandoned on
public or private roadways and private property
within the City linuts. (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. 1859,- 2000; Ord. 1857 (part),
2000; Ord. 1851, 2000; Ord. 1840 (part), 1999; Ord.
1836,1999; Ord. 1806,1999; 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 California 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.
1840 (part), 1999; 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,
313 (CS~pertino 1200)
11.24.160
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)
cctip«e~ i2-oo> 314
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 Boulevazd 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 Boulevazd and Homestead Road
Blaney Avenue Both Between Stevens Creek Boulevazd 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 Boulevazd 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
Blue Jay Drive East and West Between Homestead Road and a point ± 900 feet south, to
Northwst Drive
Bollinger Road North Between a point 286 feet west of Miller Avenue and a point
150 feet east of Hyde Avenue
315 (G~pehino 12-00)
TABLE 11.24.150 (Continued)
Sides of
Street Street Portion
Bollinger Road North Between a point 140 feet east of Farallone Drive and a point
450 feet west of Blaney Avenue
Bollinger Road North Between De Anza Boulevazd, west + 546 feet; no exceptions
Bubb Road Both Between McClellan Road and Stevens Creek Boulevard
Bubb Road East Between McClellan Road and a point 550 feet south thereof
Christensen Drive South Between Ann Arbor Avenue and Stelling Road
Cristo Rey Drive Both Between the easterly City limits and the northwesterly
terminus j
De Anna East Bollinger Road to the northerly City limits
Boulevazd
De Anza West Prospect Road to the northerly City limits
Boulevazd
Empire Avenue West Between University Way and Grand Avenue
English Oak Way East Between Majestic Oak Way and a point 400 feet north there-
- of
Finch Avenue East Between Stevens Creek Boulevazd and + 400 feet south of
Sorensen Avenue
Foothill Boulevazd East Between a point 300 feet south of Sorenson Avenue and a
point 250 feet south thereof
Foothill Boulevard East Between Stevens Creek Boulevazd and a point 320 feet north
of Salem Avenue
Foothill Boulevard East Between a point 490 feet north of Salem Avenue and Vista
Knoll Boulevazd
Foothill Boulevazd East Between Stazling Drive and Freeway 280
Foothill Boulevard West Between Stevens Creek Boulevazd and Vista Knoll
Boulevazd
(C~pet6no t2-oo) 316
TABLE 11.:;4.150 (Continued)
Sides of
Street Street Portion
Foothill Both Betwee;n Stevens Creek Boulevard and McClellan Road -
Boulevard trucks over 5 tons
Forest Avenue North Between the centerline of (west) Vista Drive to (east) Vista
Drive
Franco Court Both Betwee:n Homestead Road southerly to the southern terminus
Grand Avenue North Between Peninsula Avenue and Santa Claza Avenue
Grand Avenue North Betwee:n Santa Claza Avenue and Empire Avenue
Hillcrest Road Both Between Crescent Road and the northerly terminus of
Hillcrest Road
Homestead Road South Between Foothill Boulevazd and a point 100 feet east of
Lucky Oak and thence from Barranca Drive and the east
City limits, all portions currently or hereafter within the City
limits
Homestead Road South Between a point 200 feet west of Maine Drive and the east
City limits, all portions currently or hereafter within the City
limits
Homestead Road North Between a point 1,300 feet west of a point 550 feet east of
De An:aa. Boulevard
Kim Street West Between Bollinger Road and Kirwin Lane
Lazaneo Drive Both Between De Anna Boulevazd and Bandley Dr.
Lazaneo Drive North Between a point 370 feet west of (west) Vista Drive center-
line
Lazaneo Drive South Between a point 420 feet west of (west) Vista Drive
Lubec Street Both Betwee;n Mary Avenue and Anson Avenue
Lucille Avenue North Between Villa De Anna Avenue and a point 150 feet west of
Larry Avenue
Majestic Oak Way South Betwef;n Califonua Oak Way and English Oak Way
316-1 (a,pecano lzoo)
TABLE 11.2~~.150 (Continued)
Street Sides of
Street
Portion
South Portal West Between Stevens Creek Boulevazd and a point 120 feet
Avenue southerly
Stelling Road East Between Prospect Road and a point 80 feet north thereof
Stelling Road East Between. Rainbow Drive and Squirehill Court
Stelling Road East From appoint 170 feet northery of Westhill Lane fora dis-
tance of 800 feet thereof
Stelling Road East From appoint 200 feet northerly of Erin Way and thence to
Alves Drive
Stelling Road East Between. Greenleaf Drive and Homestead Road, all portions
currentl}~ or hereafter within the City limits
Stelling Road West Between. a point 280 feet north of Lilac Way and Hazelbrook
Court
Stelling Road West Between. a point 260 feet south of Orogrande Place and a
point 180 feet south thereof
Stelling Road West Between Gazdena Avenue and Homestead Road, all portions
currently or hereafter within the City limits
Stevens Canyon East Between Santa Lucia Road and Road San Juan
Road
Stevens Canyon East McClell:~n Road to St. Andrews Avenue
Road
Stevens Canyon West From 100 feet south to McClellan Road, to a point ± 170
Road feet southerly thereof
Stevens Canyon Both Between McClellan Road and the south City limits-trucks
Road over 5 tons
318-1 (G~pertino t~o0)
TABLE 11.24.150 (Continued)
Street Sides of
Street
Portion
Stevens Creek North Between the east City limit to a point 565 feet west of Saich
Boulevard Way, thence from a point of 1,010 feet west of Saich Way to
a point 1,525 feet west of Mann Drive, thence from a point
2,230 feet west of Mann Drive to a point 712 feet west of
Foothill Boulevazd, finally from a point 300 feet west of
'~
I California Oak way to the west City limit
! Stevens Creek South Between the west City limit to California Oak Way, thence
Boulevazd from Camino Vista Drive to a point 222 feet west of Phazlap
Drive, thence from a point 626 feet east of Pharlap Drive to
a point 150 feet east of Pasadena Avenue, and finally from
Imperial Avenue to the east City limit
Tantau Avenue Both Between Stevens Creek Boulevazd and Homestead Road
Tantau Avenue West Between Phil Lane, south 175 feet
Torre Avenue Both Between Stevens Creek Boulevazd and Rodriguez Avenue
Tula Lane West Between a point 40 feet south of Sola Street and a point 180
feet north of Sola Street
Villa De Anza East Between Blaney Avenue and Lucille Avenue
Avenue
Villa De Anza South Between Blaney Avenue and a point 150 feet west thereof
Avenue
Vista Drive West Between Apple Tree Lane and a point 200 feet southerly
thereof
Westlynn Way West Between Dumas Drive and Heatherwood Drive
Wolfe Road Both Between Stevens Creek Boulevazd and Homestead Road
(Ghpeitino tz-ao) 318-2
TABLE 11.24.160
Street Hours Sides of Street Portion Exceptions
Beazdon Drive 8 a.m. to 2 p.m. West All Monday, Tuesday,
within City limits Thursday, Friday,
Saturday, Sunday and
Holidays
Beazdon Drive 8 a.m. to 2 p.m. East All Monday, Tuesday,
within City limits Wednesday, Friday,
Saturday, Sunday and
Holidays
Blaney Avenue 7 a.m. to 8 p.m. West Between Villa De Anza None
and a point 450 feet north of
Stevens Creek Boulevard
Blaney Avenue 7 a.m. to 8 p.m. West Between Rodrigues Avenue None
and a point 150 feet North of
La Maz Drive
Blaney Avenue 7 a.m. to 8 p.m. East Between a point 350 feet None
North of La Maz Drive and
Pacifica Drive
Blaney Ayenue 7 a.m. to 8 p.m. East From a point 155 feet north- None
erly of Bollinger Road and a
point 120 feet north of
Lindenbrook Lane
Blaney Avenue
Bollinger Road
Bubb Road
7 a.m. to 8 p.m. West
7 a.m. to 5:30 North
p.m.
7:30 a.m. to 5:30 Both
p.m.
Between John Drive and a None
point 550 feet North of
Bollinger Road
Between Blaney Avenue and Saturday and Sunday
a point 900 feet east of
Tantau Avenue, all portions
currently or hereafter within
the City limits
Between McClellan Road and Saturday and Sunday
Rainbow Drive, all portions
currently or hereafter within
City limits
Canyon View
Circle
6 p.m. to 6 a.m. Both
From Lindy Lane to end None
319 c~~ i2-oo>
11.24.170
TABLE 11.24.170
Period of Time
(Consecutive Side
Street Minutes) Honrs of Street Portion Exceptions
Finch Avenue 120 8 a.m. to 5 West Between Craft Drive Sundays and Holidays
p.m. and a point 300 feet
south of Sorenson Ave-
nue
Stevens Creek 120 All hours North Between a point 210 None
Boulevard feet east of Stelling
Road and a point 430
feet easterly
Stevens Creek 15 9 a.m. to 6 South Between a point 150 Sundays and Holidays
Boulevard p.m. feet east of Pasadena
Avenue to Imperial
Avenue
Foothill Bou- 15 10 a.m. to 5 East Between a point 320 None
levazd p.m. feet north of Salem
Avenue to a point 490
feet north of Salem
Avenue
11.24.170 Limitations on certain streets.
No person shall stop, stand, or pazk any vehicle;
as defined in the Vehicle Code of California, or a:>
hereafter amended, on the streets or portions o~F
streets, set out in Table 11.24.170, within the Cit}~
for a period of time longer than that indicated oppo-
site the name of each street between the respective:
hours set opposite the name of each street on an}~
day, or on any one day and the next ensuing day,
except as provided in this section. (Ord. 1857 (part),
2000; Ord. 1476 (part), 1988; Ord. 1419 (part),
1987; Ord. 1409 (part), 1987; Ord. 1405 (part),
1987; Ord. 1276 (part), 1984; Ord. 1163,1982; Ord.
843 § 10.3, 1977)
11.24.180 Diagonal parldng.
Diagonal parking permitted on certain streets. No
person shall stop, stand, or pazk any vehicle a:~
defined in the Vehicle Code of California except
within the pazking stalls provided, mazked and de-
lineated on the following named streets:
Street Portion
Imperial Between Stevens Creek Boulevazd and
Avenue Granada Avenue
Mary Avenue West side between a point 500 feet
north of Stevens Creek Boulevard to
a point 380 feet south of Lubec Street
Mary Avenue West side between a point 430 feet
north of Lubec Street and a point 340
feet northerly
Mary Avenue Between Homestead Road and a point
650 feet southerly thereof
Pasadena Between Stevens Creek Boulevard and
Avenue Granada Avenue
Richwood Between Miller Avenue and the easterly
Court terminus thereof
Rosemarie Between Miller Avenue and the easterly
Place terminus thereof
321 ccti~oo ~a-ooi
11.24.180
(Ord. 1840 (part), 1999; Ord. 1483, 1989; Ord.
1348, 1986; Ord. 1340, 1985; Ord. 843 § 10.4,
1977)
11.24.190 Off street parking for
handicapped persons.
A. Property Owned or Operated by the City. The
City Traffic Engineer may designate stalls or spaces
in any off-street pazking facility owned or operated
by the City for the exclusive use of vehicles which
display a distinguishing license plate or placard
issued by the Califonia Department of Motor Vehi-
cles to handicapped persons or to disabled veterans
pursuant to Sections 22511.5 and 9105 of the Cali-
fornia Vehicle Code. All spaces or stalls so desig-
nated shall be mazked by posting immediately adja-
cent to, and visible from, each stall or space, a sign
consisting of a profile view of a wheelchair with
occupant in white on a blue background.
B. Removal of Unauthorized Vehicles. The City
may cause the removal, from a stall or space desig-
nated for physically handicapped persons in a pazk-
ing facility owned or operated by the City, of any
vehicle not displaying one of the distinguishing
placazds or license plates specified in Sections
22511.5 and 9105 of the California Vehicle Code if
a sign is posted in conformance with Section
22511.8 of the California Vehicle Code which cleaz-
ly and conspicuously gives the notice specified in
that section.
C. The provisions of this section shall not be
construed to restrict the rights of private property
owners to designate pazking areas for the exclusive
use of handicapped persons under the provisions of
Sections 22511.7 and 22511.8 of the California
Vehicle Code. (Ord. 843 § 11, 1977)
11.24.200 Removal of vehicles from street.
Any regularly employed and salaried employee
who is engaged in the direction of traffic or enforce-
ment of pazking regulations when designated by the
sheriff may remove a vehicle from a street, except
a freeway, in the manner and subject to the require-
ments of Division 11, Chapter 10, Article 1, 2 and
3 of the Vehicle Code of the state under the follow-
ing circumstances:
A. When any vehicle is illegally pazked so as to
block the entrance to a private driveway and it is
impractical to move such vehicle from in front of
the driveway to another point on the street;
B. When any vehicle is illegally pazked so as to
prevent access by firefighting equipment to a fire
hydrant and it is impracticable to move such vehicle
from in front of the fire hydrant to another point on
the street;
C. When a vehicle is pazked or left standing
upon a highway for seventy-two or more consecu-
tive hours;
D. When a vehicle is pazked or left standing
upon a street where the use of such street or a por-
tion thereof is necessary for the cleaning, repair or
construction of the street, or for the installation of
underground utilities, or where the use of the street
or any portion thereof is authorized for a purpose
other than the normal flow of traffic, or where the
use of the street or any portion thereof is necessary
for the movement of equipment, articles or struc-
tures of unusual size, and the pazking of such vehi-
cle would prohibit or interfere with such use or
movement; provided, that signs giving notice that
such vehicle may be removed are erected or placed
at least twenty-four hours prior to removal;
E. When a vehicle is pazked or left standing on
a highway so as to obstruct the normal movement
of traffic;
F. When any vehicle is found illegally pazked
and there aze no license plates or other evidence of
registration displayed, the vehicle may be impound-
ed until the owner or person in control of the vehi-
cle funnishes evidence of his or her identity and an
address within California at which he or she can be
located;
G. Whenever any vehicle is parked or left stand-
ing where pazking is prohibited by ordinance and
signs are posted giving notice of authorization for
removal. (Ord. 1500 §§ 1, 2, 1989; Ord. 843 § 7,
1977)
(cupertino i2-oo> 322
14.05.010
Chapter 14.05
PARK MAINTENANCE FEES
Sections:
14.05.010 Definitions.
14.05.020 Application of chapter.
14.05.030 General purpose and intent.
14.05.040 Requirements-General.
14.05.050 Credit.
14.05.060 Standards for amount of fee.
14.05.070 Determination of fee.
14.05.080 Exceptions.
14.05.090 Appeals.
14.05.100 Use of fees.
14.05.110 Fee review.
14.05.120 Chapter conformance required.
14.05.125 Pending building permit
applications.
14.05.010 Definitions.
As used in this chapter:
A. "Single lot development" means the erection
or construction of any building or structure within
all zones, permitting residential uses for which a
building permit, use permit or azchitectural and site
approval is required by the City, but which develop-
ment is not a subdivision as defined by the Subdivi-
sion Map Act of the State of California.
B. "Erection" or "construction" as used in this
chapter is established where a new residential build-
ing or structure is built upon a pazcel of land, within
all zones permitting residential uses. This definition
does not apply to any remodel of an existing resi-
dence or any replacment of an existing residence
where said existing residence was demolished within
one yeaz prior to the application of permit of the
replacement residence.
C. "Park and recreation facilities" means any
neighborhood or community facilities as defined
within the Environmental Resources Element of the
City of Cupertino General Plan and amendments
thereto (hereinafter referred to as the "Environmen-
tal Resources Element of the General Plan"). (Ord.
1853 § 1, 2000; Ord. 1479 § 2 (part), 1989)
14.05.020 Application of chapter.
Nothing contained in this chapter shall be con-
strued to apply to the subdivision of land as defined
by the Subdivision Map Act of the State of Califor-
nia; nor shall anything contained in this chapter be
construed to apply to the remodeling, addition to or
repairing of any building or structure subject to the
provisions of this chapter; nor shall anything con-
tained in this chapter be construed to limit the City's
power to require fees or land dedication for park or
recreation purposes as a condition of approval of a
tentative map or parcel map pursuant to the Subdivi-
sion Map Act of the State of California or the City's
Subdivision Ordinance. (Ord. 1479 § 2 (part), 1989)
14.05.030 General purpose and intent.
A. The purpose of this fee is to finance the
establishment, rehabilitation and maintenance of
neighborhood and community pazks and recreation
facilities in order to reduce the impacts of declining
open space within the City created by new single-lot
residential development within the City.
B. The Pazk and Recreation Facilities Acquisi-
tion and Maintenance Fees collected pursuant to this
chapter shall be used solely to finance the acquisi-
tion and maintenance of pazks and recreation facili-
ties asdescribed or identified in the Environmental
Resources Element of the General Plan.
C. The City Council further finds that new de-
velopment in the City's residential azeas will gener-
ate additional demand for and use of pazks and
recreation facilities within Cupertino.
D. There is a need in the City to establish addi-
tional pazks and recreation facilities, and to rehabili-
tate and maintain existing pazks and recreation facil-
ities, but the developers of single-lot developments
within the City have not contributed their fair shaze
towards these parks and recreation costs and said
costs aze called for in or are consistent with the
City's Environmental Resources Element of the
General Plan.
E. The facts and evidence presented establish
that there is a reasonable relationship between the
need for the described pazks and recreation facilities
and the impacts of single-lot development described
?~68-1 tc~~aoo ~~ao~
14.05.030
herein, for which the corresponding fee is chazged,
and there is also a reasonable relationship between
the fee's use and the type of development for which
the fee is chazged, as these reasonable relationships
or nexes aze described in more detail in the Staff
Report dated December 12, 1988 and presented to
the City Council by the Director of Public Works.
The City Council further finds that unless measures
are taken to provide for all citizens of the City to
pay their fair share of the creation, maintenance and
rehabilitation of parks and recreation facilities, the
citizens of the City will suffer from detrimental
effects upon the public convenience and welfare of
the community. Therefore, the provisions of this
chapter are intended to define the requirements,
policies and procedures for the collection of fees in
connection with the establishment, maintenance and
rehabilitation of pazks and recreation facilities in
order to:
1. Protect the vested interest of the public in the
promotion of establishing, maintaining and rehabili-
tating both neighborhood and community pazks and
recreation facilities;
2. Spread the costs of establishing, maintaining
and rehabilitating neighborhood pazks and recreation
facilities upon the owners within the respective
neighborhood pazk service azea as defined in the
Environmental Resources Element of the General
Plan;
3. Promote the establishment, maintenance and
rehabilitation of neighborhood and community parks
and recreation facilities in the most economically
feasible manner to both the City and the citizens of
the City; and
4. Protect the public safety, living standazds, and
common welfare of the general public. (Ord. 1479
§ 2 (part), 1989)
14.05.040 Requirements-General.
Any person who proposes to erect or construct
any building or structure for which a building per-
mit is required by the City, or who seeks a use
permit or architectural and site approval from the
City, must pay a fee, as determined under the provi-
sions of this chapter, for the establishment, mainte-
nance and rehabilitation of pazks and recreation
facilities within the City. Said fee shall be a condi-
tion precedent to the issuance of any required build-
ing permit, use permit, or azchitectural approval.
(Ord. 1479 § 2 (part), 1989)
14.05.050 Credit.
Any person, or his successor in interest, who has
paid fees of the type required by this chapter or by
Article 6, Title 18 of the Municipal Code prior to
the effective date of the ordinance codified in this
chapter, shall receive credit therefor as provided in
this chapter. No person shall receive a credit in
excess of the amount of the fee required by this
chapter. (Ord. 1479 § 2 (part), 1989)
14.05.060 Standards for amount of fee.
A. General Standazd. The public interest, conve-
nience, health, welfaze and safety require that three
acres of property for each one thousand persons be
devoted for neighborhood and community park and
recreational purposes.
B. Formula. All persons subject to this chapter
shall pay a fee in an amount equal to that as provid-
ed in the following formula:
Park Acreage Standard x Average number of x value per
1,000 population persons per resi- acre
dential dwelling unit
Thus,
fee = ( 3 x 3.5) (value per acre)
l,ooo
for single-family development. (Ord. 1479 § 2
(part), 1989)
14.05.070 Determination of fee.
When a fee is required to be paid under the pro-
visions of this chapter, the amount of the fee shall
be determined by the Director of Public Works,
pursuant to Section 14.05.060. The "value per acre"
portion of the fee shall be based upon the fair maz-
ket value of the subject property determined by
reference to compazable land within the general
subject property. As used herein, the term "compara-
ble" means land of similaz size and development
potential as the subject property. The date of the
valuation of the property shall be the date that the
(cirpereao lz-oo) 368-2
18.20.160
18.20.160 Waiver of parcel map
requirements.
A. The City Engineer, upon concurrence of the:
Planning Director, may waive the pazcel map re-~
quirement for division of re.a1 property or interest,;
therein creaxed by probate, eminent domain proce-
dures, partition, or other civil judgments or decrees.
B. Upon waiving the pazcel map requirement, a.
plat map, in a form as required by the City Engineer
shall be required for lot line adjustments, mergers,
certificates of compliance and parcel map waivers.
C. Upon waiving the parcel map requirement,
the City Engineer shall also cause to be filed with.
the County Recorder a Certificate of Compliance foi•
the land to be divided.
D. A pazcel map waived by the City Engineer
may be conditioned to provide for payment of
pazkland, drainage, and other fees as required by
City ordinances or resolutions. (Ord. 1384 Exhibit
A (part), 1986)
537
(CS~pectino 17.00)
18.24.010
Chapter 18.24
DEDICATIONS AND RESERVATIONS
Sections:
Article I. Dedication of Streets, Alleys,
Rights-of--Way and Easements.
18.24.010 Dedication of streets, alleys,
and other public rights-of--way
or easements.
Article II. Park Land Dedication.
18.24.020 Purpose.
18.24.030 Requirements.
18.24.040 General standard.
18.24.050 Standards and formula for
dedication of land.
18.24.060 Formula for fees in lieu of land
dedication.
18.24.070 Criteria for requiring both
dedication and fee.
18.24.080 Amount of fee in lieu of park
land dedication.
18.24.090 Subdividers not within General
Plan.
18.24.100 Determination of land or fee.
18.24.110 Credit for private recreation or
open space.
18.24.115 Credit for existing residential
units.
18.24.120 Procedure.
18.24.130 Commencement of
development.
Article III. School Site Dedication.
18.24.140 General.
18.24.150 Procedure.
18.24.160 Payments to subdivider for
school site dedication.
18.24.170 Exemptions.
Article IV. Reservations.
18.24.180 General.
18.24.190 Standards for reservation of
land.
18.24.200 Procedure.
18.24.210 Payment to subdivider.
18.24.220 Termination.
Article V. Waiver of Direct Street Access.
18.24.230 Waiver of direct street access.
Article L Dedication of Streets, Alleys,
Rights-of--Way and Easements.
18.24.010 Dedication of streets, alleys, and
other public rights-of--way or
easements.
A. As a condition of approval of a final map or
parcel map, the subdivider shall dedicate or make
an irrevocable offer of dedication of all pazcels of
land within the subdivision that aze needed for
streets and alleys, including access rights and
abutters' rights; drainage; public utility easements;
bicycle paths, transit facilities, solar access ease-
ments, park land, fire stations, libraries, access to
public resources and other public easements as
required.
B. Improvements shall be in accordance with
Chapter 18.32 of this title. (Ord. 1384 Exhibit A
(part), 1986)
Article II. Park Land Dedication.
18.24.020 Purpose.
This section is enacted pursuant to the authority
granted by the Business and Professions Code of the
State of California. The pazk and recreational facili-
ties for which dedication of land and/or payment of
a fee is required by this chapter are in accordance
with the open space and conservation element of the
adopted General Plan of the City of Cupertino, and
any amendments thereto. (Ord. 1384 Exhibit A
(part), 1986)
cc~«a~ ia-oo> 538
18.24.030
18.24.030 Requirements.
A. As a condition of approval of a final subdivi-
sion map or parcel map, the subdivider shall dedi-
cate land, pay a fee in lieu thereof, or both, at the
option of the City, for pazk or recreational purposes
.i38-1 ~~~oo iz-oo>
18.24.080
land of similar size and development potential as the
land which would otherwise be dedicated. The date
of valuation of the property for in-lieu fee purposes
shall be the date that the subdivider submits his or
her written request for a final subdivision map.
B. The fee shall be paid pursuant to the provi-
sions contained in Section 18.24.060.
C. If a subdivider objects to the fair market
value determination made by the Director of Public
Works, he or she may, at his or her own expense,
obtain an appraisal of the property by a qualified
real estate appraiser approved by the City, which
appraisal of fair mazket value may be accepted by
the City Council, if found reasonable. Alternatively,
the City and the subdivider may agree as to the fair
market value. (Ord. 1609 § 1 (part), 1992: Ord.
1384 Exhibit A (part), 1986)
18.24.090 Subdividers not within General
Plan.
Where the proposed subdivision lies within an
area not then but to be included within the City's
General Plan, the subdivider shall dedicate land, pay
a fee in lieu thereof, or both, in accordance with the
adopted pazk and recreational principles and stan-
dazds of the City's General Plan and in accordance
with the provisions of this chapter. (Ord. 1384 Ex-
hibit A (part), 1986)
18.24.100 Determination of land or fee.
A. If the relationship between a proposed subdi-
vision containing fifty pazcels or more and the open
space and conservation element is uncleaz, the City
Council shall determine whether it accepts land
dedication or elects to require payment of a fee
thereof, by consideration of the following:
1. Topography, geology, access and location of
land in the subdivision available for dedication;
2. Size and shape of the subdivision and land
available for dedication;
3. Feasibility of dedication;
4. Availability of previously acquired pazk prop-
erty.
B. The determination of the City as to whether
land shall be dedicated, or whether a fee shall be
chazged, or a combination thereof, shall be final and
conclusive. (Ord. 1384 Exhibit A (part), 1986)
18.24.110 Credit for private recreation or
open space.
Where private open space for pazk and recreation-
al purposes is provided in a proposed subdivision,
fifty percent credit shall be given against the re-
quirement of land dedication or payment of fees in
lieu thereof, if the City Council finds that it is in the
public interest to do so and that all the following
standazds are met:
A. That yazds, court areas, setbacks, decorative
landscape areas normally associated with residential
site design and other open areas required to be
maintained by the zoning and building ordinances
and regulations shall not be included in the compu-
tation of such private open space;
B. That such space is to be wholly or partially
owned and maintained by the future residents of the
subdivision and that the private ownership and
maintenance of the open space is adequately provid-
ed for by recorded written agreement, conveyance
or restrictions;
C. That the use of the private open space is
restricted for pazk and recreational purposes by
recorded covenant, which 'runs with the land in
favor of the future owners of property and which
cannot be defeated or eliminated without the consent
of the City or its successor;
D. That the proposed private open space is rea-
sonably adaptable for use for pazk and recreational
purposes, taking into consideration such factors as
size, shape, topography, geology, access and loca-
tion;
E. That facilities proposed for the open space are
in substantial accordance with the provisions of the
open space and conservation element of the General
Plan; and
F. That the open space for which credit is given
complies with the following standazds:
1. The total usable open space acreage must be
equivalent to a ratio of three acres of land for each
one thousand person, or a fraction thereof, generated
541 (Gwpertino i~oo>
18.24.110
by the development. The computation for determin-
ing acreage is described in Section 18.24.050.
2. The open space must contain the following
mandatory elements and at least four of the six
optional elements:
Minimum
Mandatory Element Acreage
Turfed playfield .50
The playfield shall be a single unit of
land which is generally level and free
of physical barriers which would
inhibit group play activities.
Optional Elements
Children's play apparatus area .15
Recreational community gardens .25
Family picnic area .25
Game court area .25
Swim pool (42' x 75' with adjacent deck
and lawn areas) .25
Recreation center buildings and grounds .15
The combined minimum acreage for a facility with a recre-
ation center and children's play apparatus area is 1.3 acres. The
minimum combined acreage for a facility not including a
recreation center or children's play area is 1.5 acres.
The City Council may grant pazk credit for a
combination of the above elements or a combination
of the above elements and other recreation improve-
ments that will meet the specific recreation needs of
a specialized housing development, such as a senior
housing development with occupancy controlled via
a covenant with the City named as a third party
beneficiary.
Before credit is given, the City Council shall
adopt written findings that the above standazds are
met, and shall require the recordation of covenants
running with the land to ensure that credited ele-
ments aze maintained. (Ord. 1674, 1995: Ord. 1384
Exhibit A (part), 1986)
18.24.115 Credit for e~sting residential
units.
Where any lot or lots of a proposed subdivision
contains existing residential units, a credit shall be
given against the requirement of land dedication or
payment of fees in lieu thereof for each lot which
contains said residential unit or units. As used here-
in, the term "existing" refers to a residential unit or
units which exist at the time of the recordation of
a final map or which were demolished within one
yeaz prior of the tentative map application. (Ord.
1853 § 2, 2000)
18.24.120 Procedure.
A. At the time of approval of the tentative subdi-
vision map, the City Council shall determine pursu-
ant to Section 18.24.100 the land to be dedicated
and/or fees to be paid by the subdivider.
B. At the time of the filing of the final subdivi-
sion map, the subdivider shall dedicate the ld/or
pay the fees as previously determined by the City
Council.
C. Open space covenants for private park or
recreational facilities shall be submitted to the City
prior to approval of the final subdivision map and
shall be recorded simultaneously with the final
subdivision map. (Ord. 1384 Exhibit A (part), 1986)
18.24.130 Commencement of development.
At the time of approval of the final subdivision
map, the City Council shall specify when develop-
ment of the park or recreational facilities shall be
commenced. (Ord. 1384 Exhibit A (part), 1986)
Article III. School Site Dedication.
18.24.140 General.
As a condition of approval of a final subdivision
map, a subdivider who develops or completes the
development of one or more subdivisions within a
school district shall dedicate to the school district
such lands as the City Council shall deem to be
necessary for the purpose of constructing thereon
schools necessary to assure the residents of the
subdivision adequate elementary school service.
(Ord. 1384 Exhibit A (part), 1986)
18.24.150 Procedure.
The requirement of dedication shall be imposed
at the time of approval of the tentative map. If
within thirty days after the requirement of dedication
is imposed by the City the school district does not
(C~perano 12-00) 542
18.24.150
offer to enter into a binding commitment with the
subdivider to accept the dedication, the requirement
shall be automatically terminated. The required
dedication may be made any time before, concur-
rently with, or up to sixty days after the filing of the
fmal map on any portion of the subdivision. (Ord.
1384 Exhibit A (part), 1986)
18.24.160 Payments to subdivider for school
site dedication.
The school district shall, if it accepts the dedica-
tion, repay to the subdivider or his successors the
original cost to the subdivider of the dedicated land,
'i42-1 (C~pecano 1200)
19.28.010
Chapter 19.28
SINGLE-FAMILY RESIDENTIAL
(R-1) ZONES
Sections:
19.28.010 Purposes.
19.28.020 Applicability of regulations.
19.28.030 Permitted uses.
19.28.040 Conditional uses.
19.28.050 Site development regulations.
19.28.060 Lot coverage, building
setbacks, height restrictions
and privacy mitigation
measures for nonaccessory
buildings and structures.
19.28.070 Permitted yard encroachments.
19.28.080 Exceptions for prescriptive
design regulations.
19.28.090 Residential design approval.
19.28.100 Development regulations-
Eicliler (R-le).
19.28.110 Procedure for exceptions and
residential design approvals.
19.28.120 Solar design.
19.28.13
0 Interpretation by the Planning
. Director.
19.28.140 Appendix A-Landscape
Mitigation Measures.
19.28.150 Appendix B-Release of
Privacy Protection Measures.
19.28.160 Appendix C-Privacy
Protection Planting ARidavit.
19.28.010 Purposes.
R-1 single-family residence districts are intended
to create, preserve and enhance azeas suitable for
detached dwellings in order to:
A. Enhance the identity of residential neighbor-
hoods;
B. Ensure provision of light and air to individual
residential pazcels;
C. Ensure a reasonable level of compatibility in
scale of structures within residential neighborhoods;
D. Reinforce the predominantly low-intensity
setting in the community;
E. Preserve the design integrity of homes in
neighborhoods with consistent architectural themes.
(Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999:
Ord. 1601 Exh. A (part), 1992)
19.28.020 Applicability of regulations.
No building, structure or land shall be used, and
no building or structure shall be hereafter erected,
structurally altered or enlazged in an R-1 single-
family residence district other than in conformance
with the provisions of this chapter and other applica-
ble provisions of this title. (Ord. 1860 § 1 (part),
2000: Ord. 1834 (part), 1999: Ord. 1601 Exh. A
(part), 1992)
19.28.030 Permitted uses.
The following uses shall be permitted in the R-1
single-family residence district:
A. Single-family use;
B. A second dwelling unit conforming to the
provisions, standazds and procedures described in
Chapter 19.82, except for those second dwelling
units requiring a conditional use permit;
C. Accessory facilities and uses customarily
incidental to permitted uses and otherwise confonm-
ing with the provisions of Chapter 19.80 of this
title;
D. Home occupations when accessory to permit
requirements contained in Chapter 19.92;
E. Horticulture, gazdening, and growing of food
products for consumption by occupants of the site;
F. Residential care facility that is licensed by the
appropriate State, County agency or department with
six or less residents, not including the provider,
provider family or staff;
G. Small-family day care home;
H. The keeping of a maximum of four adult
household pets, provided that no more than two
adult dogs or cats may be kept on the site;
I. Utility facilities essential to provision of
utility services to the neighborhood but excluding
business offices, construction or storage yazds, main-
tenance facilities, or corporation yazds;
.588-9 cc~~oo izoo~
19.28.030
J. Large-family day care homes, which meets
the pazking criteria contained in Chapter 19.100 and
which is at least three hundred feet from any other
lazge-family day care home. The Director of Com-
munity Development or his/her designee shall ad-
ministratively approve lazge day care homes to
ensure compliance with the pazking and proximity
requirements;
K. Congregate residence with ten or less resi-
dents. (Ord. 1860 § 1 (part), 2000: Ord. 1834 (part),
1999: Ord. 1688 § 3 (part), 1995; Ord. 1657 (part),
1994; Ord. 1601 Exh. A (part), 1992)
19.28.040 Conditional uses.
The following uses may be conditionally allowed
in the R-1 single-family residence district, subject
to the issuance of a conditional use permit:
A. Issued by the Director of Community Devel-
opment:
1. Temporary uses, subject to regulations estab-
lished by Chapter 19.124;
2. Lazge-family day care home, which otherwise
does not meet the criteria for a permitted use. The
conditional use permit shall be processed as provid-
ed by Section 15.97.46(3) of the State of California
Health and Safety Code;
3. Buildings or structures which incorporate
solaz design features that require variations from
setbacks upon a determination by the Director that
such design feature or features will not result in
privacy impacts, shadowing, intrusive noise or other
adverse impacts to the surrounding area;
4. Second dwelling units which require a condi-
tional use permit pursuant to Chapter 19.84;
5. Home occupations requiring a conditional use
permit pursuant to Chapter 19.92 of this title.
B. Issued by the Planning Commission:
1. Two-story structures in an azea designated for
a one-story limitation pursuant to Section 19.28.060
E2 of this chapter, provided that the Planning Com-
mission determines that the structure or structures
will not result in privacy impacts, shadowing, or
intrusive noise, odor, or other adverse impacts to the
surrounding area;
2. Group caze activities- with greater than six
persons;
3. Residential caze facility that is not required
to obtain a license by the State, County agency or
department and has six or less residents, not includ-
ing the providers, provider family or staff;
4. Residential care facility that has the appropri-
ate State, County agency or department license and
seven or greater residents, not including the provider
family or staff, is a minimum distance of five hun-
dred feet from the property boundary of another
residential care facility;
5. Residential care facility that is not required
to obtain a license by the State, County agency or
department and has seven or greater residents, not
including the provider family or staff, is a minimum
distance of five hundred feet from the property
boundary of another residential care facility;
6. Congregate residence with eleven or more
residents which is a minimum distance of one thou-
sand feet from the boundary of another congregate
residence and has a minimum of seventy-five square
feet of usable reaz yazd area per occupant. (Ord.
1860 § 1 (part), 2000: Ord. 1834 (part), 1999: Ord.
1784 (part), 1998; Ord. 1688 § 3 (part), 1995; Ord.
1657 (part), 1994; Ord. 1618 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.28.050 Site development regulations.
A. Lot Area Zoning Designations.
1. Lot area shall correspond to the number (mul-
tiplied by one thousand squaze feet) following the
R-1 zoning symbol. Examples are as follows:
Minimum Lot Area
Zoning Symbol Number in Square Feet
R-1 6 6,000
R-1 7.5 7,500
R-1 10 10,000
R-1 20 20,000
The minimum lot size in an R-1 zone is six thou-
sand square feet.
cc~a~~ »oo~ 588-10
19.28.050
2. Lots, which contain less area than required bl~
Section 19.28.050 A1, but not less than five thou-
sand square feet, may nevertheless be used as build-
ing sites, provided that all other applicable require••
ments of this title aze fulfilled.
B. Lot Width. The minimum lot width shall be;
sixty feet measured at the front-yard setback line.
C. Development on Slopes of Thirty Percent or
Greater.
1. Site plans for all development proposals shall
include topographical information at contour inter••
vals not to exceed ten feet. Areas where slopes are;
thirty percent or greater shall be identified on the;
site development plan.
2. Buildings proposed on a portion of a lot with
slopes of thirty percent or greater shall be developed
in accordance with the site development and design
standazds specified in Sections 19.40.050 through
19.40.140 of the Residential Hillside Ordinance.,
Chapter 19.40, or the R-1 zoning ordinance, Chapter
19.28, whichever specific regulation is more restric-
tive.
3. No structure or improvements shall occur on.
slopes of thirty percent or greater unless an excep-
tion is granted in accordance with Section.
19.40.140, unless no more than five hundred square.
feet of development, including grading and struc-
tures, occurs on an area with a slope of thirty per-
cent or greater. (Ord. 1860 § 1 (part), 2000: Ord.
1834 (part), 1999: Ord. 1635 § 1 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.28.060 Lot coverage, building setbacks,
height restrictions and privacy
mitigation measures for
nonaccessory buildings and
structures.
A. Lot Coverage for First Story Development.
A building or buildings may cover no more than.
forty-five percent of the net lot azea.
B. Floor Area Ratio.
1. Any new two-story house, or two-story addi-
tion to an existing house, may not cause all struc-
tures on the lot to exceed thirty-five percent of the.
net lot area, unless discretionary approval is first ob-
twined from the Design Review Committee pursuant
to Section 19.28.090. In no event shall such floor
azea ratio exceed forty-five percent of the net lot
area.
2. A second story shall not exceed thirty-five
percent of the existing or proposed first story or six
hundred square feet, whichever is greater.
C. Setback-First Story (Nonaccessory Struc-
tures).
1. Front Yazd. The minimum front yazd setback
is twenty feet; provided, that for a curved driveway
the setback shall be fifteen feet as long as there are
no more than two such fifteen-foot setbacks occur-
ring side by side.
2. Side Yazd. At least one of two side yazd
setbacks must be no less than ten feet. The other
side yazd setback must be no less than five feet.
Notwithstanding the above, a lot less than sixty feet
in width and less than six thousand squaze feet shall
have a minimum side-yazd setback of five feet on
each side yazd. In instances where an addition is
proposed to an existing building having both side
yard setbacks less than ten feet, the wider setback
shall be retained and the narrower setback must be
at least five feet. Notwithstanding the above, a side
yazd setback which is existing and legally noncon-
forming may be extended along its existing setback
to no less than three feet from the property line if
the applicant obtains written consent from the Direc-
tor of Community Development. In the case of a
corner lot, a minimum side-yazd setback of twelve
feet on the street side of the lot is required.
3. Reaz Yazd. The minimum reaz yazd setback
is twenty feet unless the usable reaz yazd azea
equals, or exceeds, twenty times the lot width as
measured from the front setback line. In that case,
the minimum reaz yazd setback is ten feet.
D. Setback~econd Floor (Nonaccessory Struc-
tures).
1. The minimum front and reaz setbacks aze
twenty-five feet.
2. The minimum side setbacks are ten feet,
provided that, in the case of a flag lot, the minimum
setback is twenty feet from any property line. In the
case of a comer lot the minimum setback is twelve
:i88-11 cGbpadno i~oo)
19.28.060
feet from a street line and twenty feet from any rear
property line of an existing, developed single-family
dwelling.
3. Setback Surchazge. A setback distance equal
to fifteen feet shall be added in whole or in any
combination to the front and side-yazd setback re-
quirements specified in subsection D2 of this sec-
tion. Aminimum of five feet of the fifteen feet shall
be applied to the side yard(s).
4. Accessory Buildings/Structures. Chapter
19.80 governs setbacks, coverage and other stan-
dards for accessory structures.
5. The height of second story walls are regulated
as follows:
a. Fifty percent of the total perimeter length of
second story walls shall not have exposed wall
heights greater than six feet, and shall have a mini-
mum two-foot high overlap of the adjoining fast
story roof against the second floor wall. The overlap
shall be structural and shall be offset a minimum of
four feet from the first story exterior wall plane.
c~~ lz-oo) 588-12
L ~
19.28.060
c
.~
c
n
b. All second story wall heights greater than six
feet, as measured from the second story fmished
floor, are required to have building wall offsets at
least every twenty-four feet, with a minimum two-
foot depth and six-foot width. The offsets shall
comprise the full height of the wall plane.
c. All second story roofs shall have a minimum
of one-foot eaves.
E. Additional Site Requirements.
1. Height.
a. Maximum Building Height. The height of any
principal dwelling in an R-1 zone shall not exceed
twenty-eight feet, not including fireplace chimneys,
antennae or other appurtenances.
b. The maximum exterior wall height and build-
ing height on single-story structures must fit into a
building envelope defined by:
i. A twelve-foot high vertical line measured
from natural grade and located five feet from prop-
erty lines.
ii. Atwenty-five-degree roof line angle projected
inward at the twelve-foot high line referenced in
subsection Elbi of this section.
Notwithstanding the above, a gable end of a roof
enclosing an attic space may have a maximum wall
height of twenty feet to the peak of the roof as
measured from natural grade.
588-12.1
ca,pett;no i~oo~
6'-0" 24'-0"
min.
19.28.060
f
2. Heights exceeding twenty feet shall be subject to the setback regulations in subsection D of this section.
3. The maximum entry feature height, as measured from finish grade to the top of the wall plate, shall
be fourteen feet.
D
To of d
Plate
Entry -
Feature
0
'v
Finish t-'-~
Grade
(cl~pertino 12.00) 588-12.2
5'-0" '-0„
60'-0"
19.28.060
4. Areas Restricted to One Story. The City
Council may prescribe that all buildings within a
designated area be limited to one story in height
(not exceeding eighteen feet) by affixing to the R-1
zoning district, the designation "i". However, the
limitation may be removed through use permit ap-
proval, as provided in Section 19.28.040B by the
Planning Commission.
5. No blank single-story side walls longer than
sixteen feet shall face a public right-of--way without
at least one of the following:
a. At least one offset with a minimum two-foot
depth and six-foot width. The offset shall comprise
the full height of the wall plane;
b. Window at least thirty inches by thirty inch-
es;
c. Entry feature leading to a door;
d. Trellis with landscape screening.
6. Exceptions for Hillside Areas. Notwithstand-
ing any provisions of Section 19.28.060 El to the
contrary, the Planning Commission may make an
exception for heights to exceed twenty-eight feet
under certain circumstances:
a. The subject property is in a hillside area and
has slopes of ten percent or greater;
b. Topographical features of the subject property
make an exception to the standazd height restrictions
necessary or desirable;
c. In no case shall the maximum height exceed
thirty feet for a principal dwelling or twenty feet for
an accessory building or dwelling;
d. In no case shall the maximum height of a
structure located on prominent ridgelines, on or
above the four-hundred-fifty-foot contour exceed
twenty feet in height.
F. Privacy Protection Requirements.
1. Required Landscape Planting.
a. Requirement. In order to address privacy
protection and the reduction in visible building mass
of new two-story homes and additions, tree or shrub
planting is required. An applicant for a new two-
story home and/or addition must plant at least one
tree in front of the new second story in the front
yazd setback azea unless there is a conflict with the
tree canopy of any public street tree (Appendix A).
b. Planting Plan. A building permit application
for a new two-story house or a second story addition
shall be accompanied by a planting plan which
identifies the location, species and canopy diameter
of existing trees or shrubs. New trees or shrubs shall
be shown on the applicant's property within a cone
of vision defined by a thirty degree angle from the
side window jambs of all second story windows
(Exhibit 1). New trees or shrubs are not required to
replace existing trees or shrubs if an Internationally
Certified Arborist or Licensed Landscape Architect
verifies that the existing trees/shrubs are consistent
with the intent of Appendix A. In addition, one tree
shall be planted in the front yard setback. The plant-
ing is required on the applicant's property, unless
the options listed in subsection Fld of this section
are applied. This option does not apply to the front
yazd tree-planting requirement.
c. Planting Requirements. The minimum size of
the proposed trees shall be twenty-four inch box and
eight foot minimum planting height. The minimum
size of the shrubs shall be fifteen gallon and six foot
planting height. The planting must be able to
achieve a partial screening within three yeazs from
planting. The species and planting distance between
trees shall be governed by Appendix A. The trees
or shrubs shall be planted prior to issuance of a final
occupancy permit. An affidavit of planting is re-
quired in order to obtain the final occupancy permit
(Appendix C).
d. Options. Where planting is required, the
applicant may plant on the affected property owners
lot in lieu of their own lot or the affected property
owner may modify the numbers of shrubs or trees,
their types and locations by submitting a waiver to
the Community Development Department along
with the building permit (Appendix B). This option
does not apply to the required tree planting in front
yards.
e. Applicability. This requirement shall not
apply to skylights, windows with sills above five
feet from the floor, nonaligned side-setback win-
dows between two single-family residential homes
that have ten feet or less building setbacks to the
property line, unless the affected property owner
588-12.3 ca~~;oo iz-ao~
19.28.060
agrees to planting. In such cases, windows must be
obscure or have a sill height above five feet from
the floor, windows facing aright-of--way, and win-
dows facing a nonresidential zoning district.
f. Maintenance. The required plants shall be
maintained. Landscape planting maintenance in-
cludes irrigation, fertilization and pruning as neces-
sary to yield a growth rate expected for a particulaz
species. Where required planting dies it must be
replaced within thirty days with the size and species
as described in Appendix A of this chapter. The
affected property owner with privacy protection
planting on his or her own lot is not required to
maintain the landscaping.
2. Window Alignment.
a. Window Alignment. A building permit appli-
cation for a new two-story house or a second story
addition shall be accompanied by a site plan which
includes the adjacent buildings and their existing
second-story windows. New side two-story windows
shall not align with existing two-story windows on
adjacent buildings. The architect shall provide hori-
zontal and vertical projections from the proposed
windows to the adjacent windows.
b. Waiver. Where window alignment occurs, the
applicant may modify this requirement upon receipt
of written approval from the affected property own-
ers (Appendix B).
c. Applicability. This requirement shall not
apply to skylights, louvered windows, windows with
a sill height above five feet from the floor, windows
facing aright-of-way and windows facing a non-
residential zoning district. (Ord. 1860 § 1 (part),
2000: Ord. 1834 (part), 1999: Ord. 1808 (part),
1999; Ord. 1799 § 1, 1998; Ord. 1784 (part), 1998;
Ord. 1637 (part), 1993; Ord. 1635 (pazt), 1993; Ord.
1630 (part), 1993; Ord. 1601 Exh. A (part), 1992)
19.28.070 Permitted yard encroachments.
A. In R-1 zones, where a building legally con-
structed according to existing yazd and setback
regulations at the time of construction encroaches
upon present required yards, one encroaching side
of the existing structure may be extended along
existing building lines even when the existing first-
floor setbacks do not meet the requirements of this
chapter. Only one such extension shall be permitted
for the life of such building. This section applies to
the first story only and shall not be construed to
allow the further extension of an encroachment by
any building, which is the result of the granting of
a variance, either before or after such property be-
come part of the City.
B. The extension or addition may not further
encroach into any required setback; e.g., a single
story may be extended along an existing five-foot
side-yazd setback even though the side yard does not
equal ten feet. However, in no case shall any wall
plane of a first-story addition be placed closer than
three feet to any property line.
C. Architectural features (not including patio
covers) may extend into a required setback azea for
a distance not exceeding three feet, provided that no
architectural feature or combination thereof, whether
a portion of a principal or auxiliary structure, may
extend closer than three feet to any property line.
(Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999:
Ord. 1808 (part), 1999; Ord. 1618 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.28.080 Exceptions for prescriptive design
regulations.
Where results inconsistent with the purpose and
intent of this chapter result from the strict appli-
cation of the provisions hereof, exceptions to Sec-
tion 19.28.060 may be granted as provided in this
section.
A. Issued by the Director of Community Devel-
opment. With respect to a request for two-story
development which does not meet the development
requirements contained in Section 19.28.060F (1?ri-
vacy protection requirements), the Community De-
velopment Director may grant an exception to allow
two-story development if the subject development,
based upon substantial evidence, meets all of the
following criteria:
1. The literal enforcement of this chapter will
result in restrictions inconsistent with the spirit and
intent of this chapter.
(C~pecuno t2-oo) 588-12.4
19.28.080
2. The proposed development will not be injuri-
ous to property or improvements in the area nor be
detrimental to the public safety, health and welfaze.
3. The proposed development is otherwise con-
sistent with the City's General Plan, any applicable
specific plan, and with the purposes of this chapter.
4. The adjoining properties are otherwise pro-
tected from unreasonable privacy impacts.
B. Issued by the Design Review Committee
(Other Prescriptive Design Regulations). The Design
Review Committee may grant exceptions from the
prescriptive design regulations described in Section
19.28.060 exclusive of Section 19.28.060 E6 (Hill-
side building heights) and Section 19.28.060F (Pri-
vacy protection) upon making all of the following
fmdings:
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 that is materially detrimental to the
public health, safety and welfaze.
3. The exception to be granted is one that will
require the least modification of the prescribed
design regulation and the minimum variance that
will accomplish the purpose.
4. The proposed exception will not result in
significant visual impact as viewed from abutting
properties.
C. Issued by the Planning Commission (Hillside
Building Heights). Notwithstanding any provision
of Section 19.28.060 El to the contrary, the Plan-
ning Commission may grant an exception for
heights to exceed twenty-eight feet upon making all
of the following findings:
1. The subject property is in a hillside area and
has slopes of ten percent or greater.
2. Topographical features of the subject property
make an exception to the standazd height restrictions
necessary or desirable.
3. In no case shall the maximum height exceed
thirty feet for a principal dwelling or twenty feet for
an accessory building.
4. In no case shall the maximum height of a
structure located on a prominent ridgeline, on or
above the four hundred-fifty-foot contour exceed
twenty-eight feet. (Ord. 1860 § 1 (part), 2000: Ord.
1844 § 1 (part), 2000; Ord. 1834 (part), 1999: Ord.
1808 (part), 1999)
19.28.090 Residential design approval.
In the event that a proposed development of two
stories exceeds athirty-five percent floor area ratio
as prescribed in Section 19.28.060B, the applicant
shall apply to the Design Review Committee for a
special permit to allow for the development; provid-
ed, however, in no event shall such application
exceed aforty-five percent floor azea ratio. In addi-
tion to the public hearing and notice requirements
described in Section 19.28.110, at least ten days
prior to the date of the public hearing, the applicant
shall install story poles to outline the proposed
building exterior walls and roof as further described
by procedures developed by the Director of Com-
munity Development.
The Design Review Committee may grant a
special permit only upon making all of the follow-
ing findings:
A. The project will be consistent with the Cuper-
tino Comprehensive General Plan, any applicable
specific plans, zoning ordinances and the purposes
of this title.
B. The granting of the special permit will not
result in a condition that is detrimental or injurious
to property or improvements in the vicinity, and will
not be detrimental to the public health, safety or
welfaze.
C. The proposed addition/home is harmonious
in scale and design with the general neighborhood.
D. The proposed addition home is generally
consistent with design guidelines developed by the
Director of Community Development.
E. The proposed addition/home will not result
in significant adverse visual impacts as viewed from
adjoining properties. (Ord. 1860 § 1 (part), 2000:
Ord. 1844 § 1 (part), 2000; Ord. 1834 (part), 1999:
Ord. 1808 (part), 1999)
583-12.5 ca~~uoo izoo~
19.28.100
19.28.100 Development regulations-Eichler
(R-le).
R-le single-family residence "Eichler districts"
protect a consistent azchitectural form through the
establishment of district site development regula-
tions. Regulations found in the other sections of this
chapter shall apply to properties zoned R-le. In the
event of a conflict between other regulations in this
chapter and this section, this section shall prevail.
Nothing in these regulations is intended to preclude
a harmonious two-story home or second story addi-
tion.
A. Setback-First Story.
1. The minimum front yard setback is twenty
feet.
B. Building Design Requirements.
1. Entry features facing the street shall be inte-
grated with the roof line of the house.
2. The maximum roof slope shall be 3:12 (rise
over run).
3. Wood or other siding material located on
walls facing a public street (not including the garage
door) shall incorporate vertical grooves, up to six
inches apart.
4. The building design shall incorporate straight
azchitectural lines, rather than curved lines.
5. Second story building wall offsets described
in Section 19.28.060 DSb aze not required for
homes in the Rl-e zone.
6. The first floor shall be no more than twelve
inches above the existing grade.
7. Exterior walls located adjacent to side yazds
shall not exceed nine feet in height measured from
the top of the floor to the top of the wall plate.
C. Privacy Protection Requirements.
1. Side and Reaz Yazd Facing Second Floor
Windows. In addition to other privacy protection
requirements in Chapter 19.28.060F, the following
is required for atl second story windows:
a. Cover windows with exterior louvers to a
height of six feet above the second floor; or
b. Obscure glass to a height of six feet above
the second floor; or
c. Have a window sill height of five feet mini-
mum above the second floor. (Ord. 1860 § 1 (part),
2000)
19.28.110 Procedure for exceptions and
residential design approvals.
A. Application and Fee. All applications for
approvals described in Sections 19.28.080 and
19.28.090 shall be made in writing on a form pre-
scribed by the Director of Community Development.
A fee as prescribed by City Council resolution shall
accompany the application.
B. Public Hearing-Notice. Upon receipt of an
application for approval, the Director of Community
Development shall set a time and place for a public
hearing before the relevant decision-maker and order
the public notice thereof. A notice of the hearing
shall be sent by first class mail to all owners of
record of real property (as shown in the last tax
assessment roll) which abut the subject property
(including properties to the left, right and directly
opposite the subject property and properties located
across a street, way, highway or alley, and shall
include owners of property whose only contiguity
to the subject property is a single point).
1. Notice shall be mailed at least ten days prior
to the public hearing in which the application shall
be considered. The notice shall state the date, time
and place of the hearing. A description of the ap-
proval shall be included in the notice. If the Director
of Community Development believes the project
may have negative effects beyond the range of the
mailed notice, the Director, in his/her discretion,
may expand noticing beyond the stated require-
ments.
2. Compliance with the notice provisions set .
forth in this section shall constitute a good faith
effort to provide notice, and failure to provide no-
tice, and the failure of any person to receive notice,
shall not prevent the City from proceeding to con-
sider or to take action with respect to an application
for approval.
cc~;no ~aoo> 588-12.6
19.28.110
C. Decision. After closing the public hearing, the
decision-maker shall approve, conditionally approve,
or deny the application.
D. All decisions regarding approvals contained
in this section may be appealed by any interested
party pursuant to Chapter 19.136. An appeal of the
Design Review Committee decision shall be pro-
cessed in the same manner as an appeal from the
decision of the Director of Community Develop-
ment.
E. Expiration of an Exception or Residential
Design Approval. A decision for approval which has
not been used within one yeaz following the effec-
tive date thereof, shall become null and void and of
no effect unless a shorter time period shall specifi-
cally beprescribed by the conditions of the excep-
tion. An approval shall be deemed to have been
"used" in the event of the erection of a structure
when sufficient building activity has occurred and,
continues to occur in a diligent manner. The Direc-
tor of Community Development may grant one addi-
tional one-yeaz extension if an application is filed
before the expiration date without further notice and
hearing.
F. Concurrent Applications. Notwithstanding any
provision of this chapter to the contrary, an appli-
cation for exception or residential design review
may, at the discretion of the Director of Community
Development, be processed concurrently with other
land use approvals. (Oni. 1860 § 1 (part), 2000:
Ord. 1844 § 1 (part), 2000; Ord. 1834 (part), 1999:
Ord. 1808 (part), 1999)
Ord. 1808 (part), 1999; Ord. 1601 Exh. A (part),
1992)
19.28.130 Interpretation by the Planning
Director.
In R-1 zones, the Director of Community Devel-
opment shall be empowered to make reasonable
interpretations of the regulations and provisions of
this chapter consistent with the legislative intent
thereof. Persons aggrieved by an interpretation of
the chapter by the Director of Community Develop-
ment may petition the Planning Commission in
writing for review of the interpretation. (Ord. 1860
§ 1 (part), 2000: Ord. 1834 (part), 1999: Ord. 1808
(part), 1999; Ord. 1601 Exh. A (part), 1992)
19.28.120 Solar design.
The setback and height restrictions provided in
this chapter may be varied for a structure utilized
for passive or active solaz purposes, in R-1 zones,
provided that no such structure shall infringe upon
solaz easements of adjoining property owners. Any
solaz structure which requires variation from the
setback or height restriction of this chapter shall be
allowed only upon issuance of a conditional use
permit by the Director of Community Development.
(Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999:
588-12.7 cCwpeivno iaoo>
19.28.140
19.28.140 Appendix A-Landscape Mitigation Measures.
PRIVACY SCREENIlVG MATERIALS
I. NON-DECIDUOUS TREES
Plantuzg
Distance-
Hei t Spread Max
A. Cedrus Deodara-Deodara Cedaz to 80' 40' @ ground 20'
B. Melaleuca Linarifolia-Flaxleaf Paperbazk 30' 12-15' 6'
C. Pinus Helipensis-Aleppo Pine 4U-60' 20-25' 10'
D. Eucalyptus Polyanthemos~ilverdollaz 20-60' 10-15' S'
E. Cinnamomom Camphora~amphor 50' S0' 20'
F. Arbutus Marina 40' 35' 15'
G. Magnolia Grandiflora-Southern Magnolia 80' 40' 20'
The minimum tree size shall be 24" box minimum and a minimum of 8' high planted height. See Page
2 of Appendix A for minimum planting distance from City street trees for planting in the front yard
setback.
II. NON-DECIDUOUS SHRUBS
A. Pittosporum Eugenoides 40' 20' S'
B. Pittosporum Tenuifolium 40' 20' S'
C. Pittosporum Crassifolium 25' 15-20' 8'
D. Fittosporum Undulatum-Victorian Box 150' 1510' 8'
E. Cupressus Sempervirens-Italian Cypress 60' 3-6' S'
F. Podocarpus Gracilior--Fern Pine 60' 20' 10'
G. Privet Ligustrum-Glossy Privet 35-40' 20' 10'
H. Laurus Nobilis--Grecian Laurel 15-40' 20' 10'
I. Rhus Lancia-African Sumac 25' 20' 10'
The minimum shrub size shall be 15-gallon minimum and a minimum of 6' high planted height. See Page
2 of Appendix A for minimum planting distance from City street trees for planting in the front yazd setback.
Notes:
The Community Development Department may use other species than those listed above subject to approval.
Applicant shall be required to submit adequate documentation in order for approval of other planting materials.
Documentation shall include a letter from an Internationally Certified Arborist or Landscape Architect stating
that the materials proposed will meet or exceed height, spread criteria and growth rate of listed materials and
that they are suitable for planting on the applicant's property. The goal is to provide a partial screening after
three yeazs' growth following planting.
cc~cno ~z-oo~ 588-12.8
19.28.140
Appendix A, page 2
City of Cupertino Street Tree List
The purpose of this list is to give the minimum planting distance between the required street tree/shrub
planting in front yard setbacks and the City street tree.
CITY STREET TREE
Spread Planting Distance-Minimum
A. St. Mary Magnolia* 20' 10'
B. Crape Myrtle 20' 10'
C. Privot 20' 10'
D. California Buckeye 20' 10'
E. Birch 20` 10'
F. Holly Oak 20` 10'
G. Aristocrat Flowering Pear* 30' 15'
H. Flowering Plum* 30' 15'
I. Mayten 30' 15'
J. Melaleuca 30' 15'
K. Eastern Redbud* 30' 15'
L. Brisbane Box* 40' 20'
M. Liquid Amber 40' 20'
N. Cazob 40' 20'
O. Geigera 40' 20'
P. Rhus Lancia 40' 20'
Q. Lirodendron 40' 20'
R. Chinese Fistacio* 50' 25"
S. Ginko* 50' 25'
T. Chinese Hackberry* 50' 25'
U. Elm 50' 25'
V. Sycamore 50' 25'
W. Mulberry 50' 25'
X. Silk Tree 50' 25'
Y. Raywood Ash 50' 25'
Z. Medesto Ash 50' 25'
AA. Shammel Ash 50` 25'
BB. Camphor 60' 30'
CC. Zellcova 60'' 30'
* Denotes tree currently on street tree list. Other trees previously on list and may currently exist as a street
tree.
(Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 199!x)
588-12.9 cc~r«~~ ~2-00~
19.28.150
19.28.150 Appendix B-Release of Privacy Protection Measures.
Single-Family Residential Ordinance
Ordinance 19.28 (Single-Family) requires that after September 21,1998, all new two-story additions or homes
be required to complete privacy protection measures. Staff may grant a modification or deletion to this
requirement if the adjacent affected property owners sign a release agreeing to modify or delete the
requirement.
Date
Property Location
Address:
I agree to waive or modify the privacy protection measures required of the Single-Family Residential
Ordinance as follows:
Property Owner:
Address:
Phone:
Signature:
(Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999)
(Ctipertino 12-00) 588-12.10
19.28.160
19.28.160 Appendix C-Privacy Protection Planting Affidavit.
Purpose. To assure the decision-makers and neighbors that the privacy protection planting has been installed
according to the planting plan.
Validation. An Internationally Certified Arborist or Licensed Landscape Architect shall certify the design
and accuracy of the privacy protection planting.
Planting Certification
I certify that the privacy protection planting and in~gation is installed at:
address
and it is consistent in design, height and location with the landscape planting and irrigation plans drawn by
and dated (attached).
Landscape Architect
Name
Title
Date
(Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 19950
Professional License
Stamp Here
588-12.10a (Gti-patino t20o)
ORDINANCE LIST
1820 Prezone (Special)
1821 Prezone (Special)
1822 Amends §§ 2.04.010, 5.28.070(N),
5.28.165(E), 10.52.060, 16.28.060(C),
16.52.041(B)(1), 16.52.051, 16.52.052,
16.52.053(B)(4)(a) and 19.20.040(A)(1)
and repeals § § 3.12.040 and
5.04.280(C), (2.04, 5.28, 10.52, 16.28,
16.52, 19.20)
1823 Adopts Ch. 5 of the 1977 Uniform
Code for Building Conservation (16.60)
1824 Amends §§ 16.04.010 and 16.04.110
and repeals §§ 16.04.070, 16.04.090,
16.04.100 and 16.04.120, building code
(16.04)
1825 Amends § 16.16.010 and repeals §
16.16.060, electrical code (16.16)
1826 Amends §§ 16.20.010, 16.20.020 and
16.20.090 and repeals §§
16.20.050-16.20.070, plumbing code
(16.20)
1827 Amends §§ 16.24.010-16.24.030, me-
chanical code (16.24)
1828 Repeals and replaces Ch. 16.40, fire
code (16.40)
1829 Amends § 16.56.010, housing code
(16.56)
1830 Amends §§ 10.21.010-10.21.120,
newsracks (10.21)
1831 Amends §§ 19.80.030(B)(1)(j) and
19.80.040, accesssory build-
ings/structures (19.80)
1832 Amends Ch. 2.16, city council-salaries
(2.16)
1833 Amends § 16.28.045, electronic security
gates (16.28)
1834 Amends Ch. 19.28, zoning (19.28)
1835 Amends §§ 14.18.020, 14.18.140 and
14.18.170, heritage and specimen trees
(14.18)
1836 Amends § 11.24.150, pazking (11.24)
1837 Amends § 11.34.010, traffic (11.34)
1838 Amends § 11.34.020, traffic (11.34)
1839 Amends § 11.34.030, traffic (11.34)
1840 Amends §§ 11.24.150, 11.24.160 and
11.24.180, traffic (11.24)
1841 Amends § 11.20.020, traffic (11.20)
1842 Rezone (Special)
1843 Amends contract with California Public
Employees' Retirement System (Spe-
cial)
1844 Adds §§ 19.36.080, 19.48.080 and
19.134.020; amends Chs. 2.32, 2.90,
16.28, 17.44, 19.28, 19.32, 19.36,
19.48, 19.56, 19.60, 19.64, 19.80,
19.132 and 19.134, design review com-
mittee (2.32, 2.90, 16.28, 17.44, 19.28,
19.32, 19.36, 19.48, 19.56, 19.60,
19.64, 19.80, 19.132, 19.134)
1845 Prezone (Special)
1846 Amends contract with California Public
Employees' Retirement System (Spe-
cial)
1847 Repeals and replaces § 11.34.030, waz-
rants for the installation and mainte-
nance of road bumps (11.34)
1848 Amends § 11.08.250, bicycle lanes
(11.08)
1849 Prezone (Special)
1850 Adopts redevelopment plan for Cuperti-
no Vallco redevelopment project (Not
codified)
1851 Amends § 11.24.150, traffic (11.24)
1852 Rezone (Special)
1853 Adds § 18.24.115; amends § 14.05.010,
pazk maintenance and dedication fees
(14.05, 18.24)
1854 Adds Ch. 10.80, solicitation prohibi-
tions on designated public rights-of--way
(10.80)
1855 Amends § 11.20.030B, all directional
vehiculaz stops required at certain inter-
sections (11.20)
1856 Amends § 11.08.250, bicycle lanes
designated (11.08)
1857 Amends §§ 11.24.150 and 11.24.170,
pazking restrictions (11.24)
1858 (Not passed)
614-13 (c~pen;no 12-00)
TABLES
1859 Amends § 11.24.150, pazking restric-
tions (11.24)
1860 Amends Ch. 19.28, single-family resi-
dential zones (19.28)
1861 Rezone (Special)
(c~pertino 100) 614-14
SMOKING
SMOKNG
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
SOILS REPORT
See BUILDING
SUBDMSION
SOLICTTOR
See also STREETS, SIDEWALKS
Administrative authority 5.20.100
Business license
See also BUSINESS LICENSE
fee 5.04.290
Definitions 5.20.010
Exemptions from provisions 5.20.015
Hours of operation 5.20.090
Identification permit
denial, appeal 5.20.050
display on demand 5.20.120
issuance 5.20.040
nontransferable 5.20.110
revocation
appeals 5.20.070
grounds 5.20.060
Posting of premises 5.20.140
Vehicle requirements 5.20.080
Violation, penalty 5.20.130
SPECIFIC PLAN
See LAND DEVELOPMENT PLANNING
SPORTING EVENT
Regulations, permit
See PARADES AND ATHLETIC EVENTS
STORM DRAINAGE SERVICE CHARGE
Adjustments, conditions 3.36.160
Amount
See Imposed, determination, applicability
Applicability
See Exemptions
Imposed, determination, applicability
Collection
See also Disputed chazges
Payment
balance, procedure 3.36.090
omitted charges 3.36.100
procedure, regulations generally 3.36.080
Definitions 3.36.020
Delinquent
See Payment
Disputed chazges
See also Adjustments, conditions
procedure 3.36.150
Effective date 3.36.070
Exemptions 3.36.040
Fund
See STORM DRAINAGE SERVICE CHARGE
FUND
Imposed, determination, applicability 3.36.030
Payment
See also Collection
Disputed chazges
delinquency
See also due date
enforcement 3.36.200
penalty 3.36.140
due date 3.36.130
location 3.36.120
owner responsibility 3.36.110
Premises inspection, scope, authority 3.36.190
Purpose, limitations of provisions 3.36.010
Refunds, conditions 3.36.180
Revenues, use, limitations 3.36.170
Review
measurement, analysis methods report 3.36.060
procedure generally 3.36.050
Use
See Revenues, use, limitations
649 cC~per6no 12-00)
STORM DRAINAGE SERVICE CHARGE FUND
STORM DRAINAGE SERVICE CHARGE FUND
Created, purpose, use 3.36.170
STREET IMPROVEMENT
Agreement
deferred
See Deferred agreement
installation
See Installation agreement
reimbursement
See Reimbursement agreement
Appeals 14.04.240
Applicability of provisions 14.04.020
Chapter conformance required 14.04.250
Credit
prior improvements 14.04.150
purpose 14.04.100
Dedication
determination by class 14.04.140
requirements 14.04.130
time, purpose 14.04.050
Defenred agreement
See also In-lieu payment, deferred agreement
generally
purpose 14.04.080
Exceptions 14.04.230
Fees 14,04.190
In-lieu payment
See also In-lieu payment, deferred agreement
generally
purpose 14.04.070
schedule 14.04.180
In-lieu payment, defected agreement generally
14.04.060
Installation agreement, bond, other securities
14.04.170
Interim 14.04.090
Legal description required 14.04.220
Permit, preceding
conditions 14.04.160
purpose 14.04.110
Preceding permit
See Permit, preceding
Purpose, intent 14.04.030
Reimbursement agreement
funds disposition 14.04.176
required 14.04.175
Reimbursement charges
applicability 18.56.010
charges additional 18.56.080
cost of land, interest 18.56.050
definitions 18.56.020
funds, disposition 18.56.060
land acquisition, cost, interest 18.56.070
purpose of provisions 18.56.010
reimbursement agreement
See also Reimbursement agreement
required 18.56.040
rules, regulations, establishment authority
18.56.090
Remedies cumulative 14.04.290
Requirements generally 14.04.040
Rules, regulations 14.04.120
Standard specifications 14.04.200
Street, highway width 14.04.210
Violation
nuisance 14.04.260
penalty 14.04.280
utility connection denial 14.04.270
STREETS AND SIDEWALKS
See also SUBDIVISION
Cleated vehicle operation, prohibitions 14.08.080
Depositing dirt, rocks prohibited 14.08.070
Encroachment
permit
applications, deposit 14.08.040
issuance 14.08.050
required 14.08.030
Obstruction
applicability 14.08.090
definitions 14.08.010
overhead, prohibited 14.08.020
violation, penalty 14.08.100
Soliciting on
definitions 10.80.010
no vehicle solicitation zone 10.80.030
prohibited 10.80.020
violation, penalty 10.80.040
Street improvements
See STREET 1MPROVEMENT
(Glipertino ~~oo> 650
STREETS AND SIDEWALKS
Trees
See TREES
Underground installations, specifications,
supervision 14.08.050
Underground utilities
See UNDERGROUND UTILITIES
SUBDIVISION
Access
direct access
See Street
requirements 18.32.120
Alley dedication
See Street
Amendment
See Map
Applicability of provisions 18.04.040
Attorney responsibilities 18.08.020
Certificate of correction
See Map
Citation 18.04.010
Compliance
certificate of compliance issuance 18.48.030
certificate of noncompliance issuance 18.48.040
required 18.48.010
fi50-1 (aipearino 100)
SUBDIVISION
Modification 18.04.050 Reservations
Parcel map payment to subdivider 18.24.210
See also Map procedure 18.24.200
approval, engineer authority 18.20.140 required 18.24.180
checking 18.20.120 standards 18.24.190
contents 18.20.110 termination when 18.24.220
documents required 18.20.120 Reversion to acreage
fees 18.20.040 approval procedure 18.36.060
filing 18.20.150 generally 18.32.010
form, contents 18.20.110 initiation, council authority 18.36.030
generally 18.20.090 petition of owners
required when 18.12.020, 18.12.030 contents 18.36.040
review by engineer 18.20.130 review, recommendation 18.36.050
survey required 18.20.100 use 18.36.020
waiver 18.20.160 recordation 18.36.070
Park land dedication, fee payment School
See also Reservations land dedication
both required when 18.24.070 exemptions 18.24.170
credit payment to subdivider 18.24.160
existing residential units 18.24.115 procedure 18.24.150
generally 18.24.110 required 18.24.140
determination 18.24.100 tent map requirements
development commencement 18.24.130 See Tent map
fee payment Sewer system 18.32.050
amount 18.24.080 Soils report
formula 18.24.060 See Final map
land dedication Tentative map
amount designated 18.24.040 Storm drainage 18.32.030
formula designated 18.24.050 Street
private open space credit 18.24.110 improvement, reimbursement
procedure 18.24.120 See STREET IlVIPROVEMENT
required 18.24.030 dedication 18.24.010
statutory authority 18.24.020 direct access waiver 18.24.230
subdivision not within general plan Tentative map
18.24.090 See also Map
Peripheral street amendments
See Street See also Map
Planning and development department requirements 18.16.110
responsibilities 18.08.050 approval, conditional approval
Planning and development director expiration when 18.16.090
responsibilities 18.08.060 planning commission authority
Planning commission responsibilities 18.08.060 18.16.050
Purpose of provisions 18.04.020 time extension 18.16.090
Remainder, omitted units contents 18.16.010
improvement agreement 18.32.080
X555 (Ghpectino 12-00)
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
pazcel map requirements
See Tentative parcel map
prepazation 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
permitted 18.20.060
procedure 18.20.070
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
SWIl~IlvIING POOL
Administration, 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
(c~peruno 100) 656
ZONING
change to other than conforming use prohibited Pazking
19.112.030 See also Off-street pazking
expansion prohibited 19.112.020 applicability of provisions 19.100.020
maintenance, repair 19.112.040 exceptions, generally 19.100.050
proceedings 19.112.110 nonresidential zones regulations 19.100.030
record 19.112.100 purpose of provisions 19.100.010
replacement 19.112.050 regulations generally 19.100.040
value determination 19.112.090 residential zones regulations 19.100.030
Nuisance 19.04.050 shared parking regulations 19.100.040
Nursery Pazking, parking garage
A-1 zone 19.20.040 ML, zone 19.60.030
A zone 19.16.030 PD zone
NII., zone 19.60.030 applicability of provisions 19.48.020
O-A zone approval action
applicability of provisions 19.76.020 city council 19.48.060
conditional uses 19.76.040 design review committee 19.48.080
designated 19.12.010 planning commission 19.48.050
new development, conditional use permit conceptual development plan required
requirements 19.76.070 19.48.040
penmitted uses 19.76.030 conditional use permit
purpose 19.76.010 approval action, city council 19.48.100
site development regulations 19.76.050 approval action, planning commission
Off-street pazking 19.48.090
See also Parking required 19.48.070
applicability of provisions 19.100.020 development plan modification 19.48.110
exceptions, generally 19.100.050 establishment, permitted, conditional uses
purpose of provisions 19.100.010 19.48.030
regulations 19.100.040 purpose 19.48.010
Open space zone Pemritted uses
See OS zone A-1 zone 19.20.030
Orchazd A zone 19.16.030
A-1 zone 19.20.030 BA zone 19.64.030
A zone 19.16.030 BQ zone 19.64.040
OS zone CG zone 19.56.030
applicability of provisions 19.24.020 ML, zone 19.60.030
conditional uses 19.24.040 OA zone 19.76.030
permitted uses 19.24.030 OS zone 19.24.030
purpose 19.24.010 PR zone 19.68.030
Outdoor activity center R-1 zone 19.28.030
FP zone 19.72.040 R-2 zone 19.32.030
Packing, crating establishment R-3 zone 19.36.030
NII., zone 19.60.030 RHS zone 19.40.030
Pazk RIC zone 19.44.040
PR zone 19.68.030 T zone 19.64.060
Park and recreation zone Personal services
See PR zone CG zone 19.56.030
669 ccw~a~ ~s-oo~
ZONING
Pets Qu~Y
R-2 zone 19.32.030 A-1 zone 19.20.040
R-3 zone 19.36.030 A zone 19.16.040
Photography studio Quasipublic building zone
CG zone 19.56.030 See BQ zone
Picnic area R-1 zone
BQ zone 19.64.050 applicability of provisions 19.28.020
FP zone 19.72.040 approval 19.28.090
Planned development zone conditional uses 19.28.040
See PD zone designated 19.12.010
Playground design exceptions 19.28.080
PR zone 19.68.030 development regulations 19.28.100
OS zone 19.24.040 exception procedures 19.28.110
Pond interpretation of provisions 19.28.130
OS zone 19.24.040 landscape mitigation measures 19.28.140
pal lot 19.28.060
OS zone 19.24.040 permitted uses 19.28.030
Poultry raising, hatchery privacy protection
A-1 zone 19.20.040 planting affidavit 19.28.160
A zone 19.16.030 release measures 19.28.150
Prezoning 19.120.110 purpose 19.28.010
Privacy protection site development regulations 19.28.050
R-1 zone 19.28.060 solaz design 19.28.120
Private recreation zone yazd 19.28.070
See FP zone R-2 zone
Processing applicability of provisions 19.32.020
ML. zone 19.60.030 architectural, site review 19.32.090
Professional office building coverage, setbacks 19.32.070
CG zone 19.56.030 conditional uses 19.32.040
OA zone 19.76.030 designated 19.12.010
Prohibited uses height 19.32.050
A-1 zone 19.20.030 lot 19.32.060
A zone 19.16.050 permitted uses 19.32.030
CG zone 19.56.050 purpose 19.32.010
FP zone 19.72.070 yazd 19.32.080
ML zone 19.60.050 R-3 zone
PR zone applicability of provisions 19.36.010
applicability of provisions 19.68.020 azchitectural, site review 19.36.080
designated 19.12.010 conceptual development plan required
park master plan required 19.68.040 19.36.050
permitted uses 19.68.030 conditional uses 19.36.040
purpose 19.68.010 designated 19.12.010
Public building zone pazking 19.36.070
See BA zone permitted uses 19.36.030
Purpose of provisions 19.04.010
(Clipenino 1200) 670