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2000 SeptemberSUF~PLEMENT INSERTION GUIDE CUPERTINO MUNICIPAL CODE SeptE~mber, 2000 (Covering Ordinances through 1851) This supplement consists of reprinted pages replacing existing pages in the Cupertino Municipal Code. Remove pages listed in the column headed "Remove Pages" and in their places insert the pages listed in the column headed "Insert Pages." This Guide for Insertion should lie retained as a permanent record of pages supplemented and should be inserted in the front of the code. Remove Pages Insert Pages Preface ...................... Preface Checklist i-v ............ Checklist i-v TEXT 313-316 .................. 313-316 378-1-378-2 .............378-1-378-2 435-~36 .................. 43536 573-574 .................. 573-574 577-582 .................. 577-582 585-586 .................. 585-586 I~ABLES 614-11-614-13 ......... 614-11-b14-13 PREFACE The Cupertino Municipal G~de, 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 edlitorial staff of Book Publishing Company under the direction. of Mr. David H. Adams, city attorney. The code is organized by subject matter under an expandable three-factor decimal numbern~g system which is designed to facilitate supplementation without disturbing the numbering of existing provisions. Each sec;tion 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 ~~acant positions between original sections to accommodate future provisions. Similazly, chapters and titles are numbered to provide for internal expansion. In parentheses following each section is a legislative history identifying the specific sources for the provisions of that section. This legislative histo~.y 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 aze located throughout the text. A subject-matter index, with complete cross-referencing, la~ates specific code provisions by individual section numbers. This supplement brings the: code up to date through Ordi- nance 1851, passed July 17, 2000. Book Publishing Company 201 Westlake Avenue North Seattle, Washington 98109 (206) 343-5700 1-800-537-7881 (Cupertino 9-00) CHECKLLST 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 9-00 supplement,, the Cupertino Municipal Code should contain the pages indicated below. Wherever there is a dash page, it leas been listed individually. Page Number Date Title 1: 1 .............................. 1-95 3-6 .......................... 12-95 7-10 .......................... 11-98 10-1 ........................... 11-98 11-15 ......................... 12-95 Title 2: 17-20 .......................... 8-99 20-1-20-4 ....................... 8-99 20-4a ........................... 8-99 20-5-20-6 ....................... 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 52/58 .......................... 12-95 59-~i0 .......................... 3-89 61-63 .......................... 5-96 64/66 ........................... 5-96 67-70 ....................... (no date) 70-1-70-2 ...................... 12-95 70-3-70-4 ...................... 12-91 70-5-70-8 ....................... 5-96 70-9 ............................ 5-95 70-11-70-12 ..................... 6-00 Page Number Date 87-88 ....................... (no date) 89-100 ........................ 12-96 100a-100b ..................... 12-96 100-1-100-2 ..................... 2-93 100-2a .......................... 2-93 100-3-100-4 ..................... 5-92 100-5-100-6 .................... 12-95 100-7-100-8 .................... 12-96 100-9-100-12 .................... 9-92 100-13-100-14 .................. 12-96 Title 4: 101 ......................... (no date) Title 5: 103 ........................... 12-96 105-106 ....................... 12-95 107-108 ........................ 2-93 109-110 ....................... 12-95 111-112 ........................ 8-99 113-114 ........................ 3-99 115-117 ....................... 12-95 119-124 ....................... 12-96 125-128 ........................ 8-99 129-130 ....................... 12-96 130-1 .......................... 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 7 3-76 ......................... 12-9 6 77 ............................. 8-99 78/86 ........................... 8-99 Title 6: 143-150 ........................ 5-96 151 ........................... 12-96 152/ 156 ........................ 12-96 157-158 ....................... 10-93 (~pertino 9-00) Page Number Date 159-160 ....................... 12-91 161-162 ....................... 12-96 162-1-162- 2 .................... 12-96 163-164 ....................... 12-95 165 ........................... 12-96 166/ 180 ........................ 12-96 Title 7: 181 ......................... (no date) Title 8: 183-204 ........................ 5-94 204-1-204-3 ..................... 5-94 Title 9: 205 ........................... 11-98 207-208 ..................... (no date) 209-210 ....................... 12-96 210-1-210-6 ..................... 3-96 210-7 .......................... 12-96 210-9 ........................... 5-96 211-212 ..................... (no date) 213-214 ........................ 5-96 215-216 ....................... 12-96 217-218 ........................ 5-96 219-220 ..................... (no date) 221-222 ........................ 5-96 223-224 ........................ 3-87 225-234 ........................ 5-96 235-239 ....................... 12-96 240/242 ........................ 12-96 242-1-242-8 ..................... 9-91 243-244 ....................... 11-98 244-1 .......................... 11-9 8 Title 10: 245 ............................ 8-99 247-248 ....................... 12-96 249-250 ........................ 8-99 250-1-250-2 ..................... 8-99 251-25 8 ....................... 12-96 25 8-1 ........................... 9-92 Page Number Date 259-274 ....................... 12-96 275-276 ........................ 8-99 277 ........................... 12-96 278/278-2 ....................... 12-96 278-2a-278-2b .................... 1-95 279-281 ....................... 12-96 Title 11: 283 ........................... 12-96 285-290 ........................ 5-95 291-292 ....................... 11-97 292-1 .......................... 11-97 293-294 ........................ 8-94 295-296 ........................ 6-00 296-1 .......................... 12-87 297/299 ........................ 11-86 301-304 ....................... 12-96 305-306 ........................ 2-00 307-308 ....................... 11-97 309 ........................... 12-96 311-312 ........................ 3-87 313-316 ........................ 9-00 317-318 ........................ 2-00 318-1 .......................... 11-99 319-320 .................:..... 12-96 320a ............................ 5-95 320-1-320-2 ..................... 2-00 320-3 ........................... 5-96 3 21-3 22 ........................ 2-00 322-1 ........................... 2-00 323-324 ....................... 12-87 325-326 ....................... 11-86 327-328 ....................... 11-97 329-332 ....................... 12-96 332-1 .......................... 12-96 333-334 ....................... 11-86 3 34-1-334- 3 .................... 12-96 335-338 ..................... (no date) 3 3 9-340 ........................ 6-00 340-1 ........................... 3-88 341-342 ....................... 12-87 342-1-342-2 .................... 12-96 (Ctipeitino 9-0~> ii Page Number Date 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) 368-1-368-4 .................... 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: 413-417 ........................ 8-99 418/420 ......................... 8-99 421-434 ........................ 5-98 435-436 ........................ 9-00 43738 ........................ 5-98 43943 ........................ 8-99 44548 ........................ 6-00 Page Number Date 448-1 ........................... 5-98 449-454 ....................... 10-93 45558 ........................ 5-98 459-464 ........................ 8-99 464-1 X64-4 ..................... 8-99 464-4a-464-4b .................... 8-99 464-4b.1-464-4b.16 ................ 8-99 464-4c .......................... 5-98 464-5-464-12 ................... 10-90 465-467 ........................ 5-98 468/474 ......................... 5-98 474-1-474-2 ..................... 3-88 475176 ........................ 5-98 477-480 ........................ 8-99 480-1-480-2 ..................... 8-99 Title 17: 481 ............................ 8-98 483-484 ........................ 8-97 48588 ....................... 10-93 48990 ........................ 5-96 491 X92 ....................... 11-98 492-1 .......................... 11-98 49394 ....................... 12-94 494-1 .......................... 12-94 495198 ....................... 11-98 498-1 .......................... 11-98 499-500 ........................ 8-97 501-504 ........................ 6-00 505/515 ........................ 12-96 Title 18: 517-568 ....................... 12-95 568-1-568-6 .................... 12-95 Title 19: 569-570 ........................ 8-98 571-572 ....................... 12-94 573-574 ........................ 9-00 575-576 ........................ 8-98 577-582 ........................ 9-00 583-584 ........................ 8-98 5 85-5 86 ........................ 9-00 111 (Cupertino 9-00) Page Number Date 587-588 ........................ 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 ................... 11-99 588-12.1-588-12.2 ................ 11-99 588-12.3-588-12.6 ................. 6-00 588-12.7-588-12.11 ............... 11-99 588-12a-588-12b .................. 8-98 588-13 .......................... 8-98 588-15-588-16 ................... 6-00 588-16a-5-88-16b ................. 6-00 588-17-588-18 .................. 12-96 588-19-588-22 ................... 8-96 588-22a-588-22b .................. 8-98 588-22c-588-22d ................. 12-96 588-23-588-24 ................... 7-95 588-24a-588-24b .................. 7-95 588-25-588-26 .................. 12-93 588-27-588-32 ................... 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 .................. 5-95 588-52i-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 Page Number Date 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: 5 8 8-101 ........................ 12-94 588-103-588-106 ................. 12-96 Tables: 589-590 ........................ 5-96 591-592 ........................ 5-98 593-594 ........................ 2-93 595-599 ....................... 12-96 601-614 ........................ 5-98 614-1-614-4 ..................... 5-98 614-5-614-8 ..................... 8-98 614-9-614-10 .................... 8-99 614-11-614-13 ................... 9-00 Index: 615- 16 ....................... 12-9 6 61718 ........................ 5-98 619-b20 ........................ 8-99 621-622 ........................ 8-97 623-b24 ........................ 6-00 624-1 ........................... 6-00 625-627 ....................... 11-99 629/631 ......................... 3-96 633-~38 ....................... 12-96 639-640 ........................ 8-99 cc~aero~o ~-ao> iv Page Number Date 640-1 ........................... 8-99 641-642 ....................... 12-96 643-b48 ........................ 6-00 648-1 ........................... 5-98 649-651 ....................... 12-96 652/654 ........................ 12-96 655-658 ........................ 5-98 659-660 ........................ 8-99 661 X64 ........................ 6-00.. 66566 ........................ 6-99 667-668 ........................ 8-98 669-670 ........................ 6-00 670-1 .......................... 11-99 671-673 ........................ 8-98 v (G~pertino 9-00) 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, parked, placed, or abandoned on public or private roadways and private property within the City limits. (Ord. 1394 §§ 1 (part), 2, 1986: Ord. 1380 §§ 1, 2, 3, 4, 1986: Ord. 843 § 8, 1977) 11.24.150 Parking prohibited along certain streets. No person shall stop, stand, or park 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. 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 (pazt), 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, 1984; Ord 1245 (part) 1983; Ord. 1203 (part), 1982; Ord. 1172 (part), 1982; Ord. 1152 (part) 1981; Ord 1151 (part), 1981; Ord. 1135, 1981; Ord. 1124 (part), 1981; Ord. 1118 (part), 1981; Ord. 1074, 1980; Ord. 1007, 1980; Ord. 999 (part), 1980; Ord. 971 (part), 1980; Ord. 873 § 3, 1973; Ord. 843 § 10.2, 1977) 313 (Cupertino 9-00) 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 Mariani Avenue Bianchi Way West Between a point 30 feet south of Stevens Creek Boulevazd and a point 166 feet south of Stevens Creek Boulevard Blaney Avenue Both Between Villa De Anza Boulevazd and Homestead Road I ', 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 Boulevard and a point 600 feet north of Rodrigues Avenue Blaney Avenue West Between Bollinger Road and a point 550 feet north thereof Blaney Avenue West From Lucille Avenue and a point 350 feet south thereof Blue Jay Drive East and West Between Homestead Road and a point ± 900 feet south, to Northurst Drive Bollinger Road North Between a point 286 feet west of Miller Avenue and a point 150 feet east of Hyde Avenue (~pati~ 9-00> 314 TABLE 11.24.150 (Continued) Street Bollinger Road Bollinger Road Bubb Road Bubb Road Christensen Drive Cristo Rey Drive De Anza Boulevard De Anza Boulevazd Empire Avenue English Oak Way Sides of Street Portion North Between a point 140 feet east of Fazallone Drive and a point 450 feet west of Blaney Avenue North Between De Anza Boulevazd, west + 546 feet; no exceptions Both Between McClellan Road and Stevens Creek Boulevazd East Between McClellan Road and a point 550 feet south thereof South Between Ann Arbor Avenue and Stelling Road Both Between the easterly City limits and the northwesterly terminus '~ East Bollinger Road to the northerly City limits West Prospect Road to the northerly City limits West Between University Way and Grand Avenue East Between Majestic Oak Way and a point 400 feet north there- of Finch Avenue East Foothill Boulevazd East Foothill Boulevard East Foothill Boulevazd East Foothill Boulevard East Foothill Boulevazd West Forest Avenue North Between Stevens Creek Boulevazd and + 400 feet south of Sorensen Avenue Between a point 300 feet south of Sorenson Avenue and a point 250 feet south thereof Between Stevens Creek Boulevazd and a point 320 feet north of Salem Avenue Between a point 490 feet north of Salem Avenue and Vista Knoll Boulevazd Between Stazling Drive and Freeway 280 Between Stevens Creek Boulevazd and Vista Knoll I' Bouleva~•d Between the centerline of (west) Vista Drive to (east) Vista Drive :315 (Cupertino 9-00) TABLE 11.24.150 (Continued) Sides of Street Street Portion Franco Court Both Between Homestead Road southerly to the southern terminus Grand Avenue North Between Peninsula Avenue and Santa Claza Avenue Grand Avenue North Between Santa Clara 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 proions 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 Anza Boulevazd Kim Street West Between Bollinger Road and Kirwin Lane Lazaneo Drive Both Between De Anza 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 Between Mary Avenue and Anson Avenue Lucille Avenue North Between Villa De Anna. Avenue and a point 150 feet west of Lazry Avenue Majestic Oak Way South Between California Oak Way and English Oak Way cc~~~ 9-ao> 316 14.18.010 Chapter 14.18 HERITAGE AND SPECIMEN TREES Sections: 14.18.010 Purpose. 14.18.020 Definitions. 14.18.030 Retention promoted. 14.18.040 Designation. 14.18.050 Heritage tree list. 14.18.060 Plan of protection. 14.18.070 Recordation. 14.18.080 Identification tag. 14.18.090 Application to remove. 14.18.100 Notice list to accompany application. 14.18.110 Appeal. 14.18.120 Permit required for removal. 14.18.130 Enforcing authority. 14.18.140 Exemptions. 14.18.150 Application for permit. 14.18.160 Director to inspect. 14.18.170 Review of application. 14.18.180 Review standards. 14.18.190 Protection during construction. 14.18.200 Protection plan before permit granted. 14.18.210 Applicant to guarantee protection. 14.18.220 Notice of action on permit- Appeal. 14.18.230 Penalty. 14.18.010 Purpose. In enacting this chapter, the City of Cupertino recognizes the substantial economic, environmental and aesthetic importance of its tree population. The City finds that the preservation of specimen and heritage trees on private and public property, and the protection of all trees during construction, is necessary for the best interests of the City and of the citizens and public thereof, in order to: A. Protect property values; B. Assure the continuance of quality develop- ment; C. Protect aesthetic and scenic beauty; D. Assist in the absorption of rainwaters, thereby preventing erosion of top soil, protecting against flood hazazds and the risk of landslides; E. Counteract air pollutants by protecting the known capacity of trees to produce pure oxygen from carbon dioxide; F. Maintain the climatic balance (e.g., provide shade); G. Help decrease potential damage from wind velocities; H. Protect specimen and heritage oak trees. For the above reasons, the City finds it is in the public interest, convenience and necessity to enact regulations controlling the care and removal of specimen and heritage trees within the City in order to retain as many trees as possible, consistent with the individual rights to develop, maintain and enjoy private and public property to the fullest possible extent. Specimen and heritage trees aze considered a valuable asset to the community. The protection of such trees in all zoning districts including residential zones is intended to preserve this valuable asset. (Ord. 1573 § 2, 1991: Ord. 1543 § 2, 1991) 14.18.020 Definitions. Unless otherwise stated, the following definitions pertain to this chapter. A. "City" means the City of Cupertino situated in the County of Santa Claza, California. B. "Developed residential" means any legal lot of record, zoned single-family, duplex, agricultural residential and residential hillside, with any structure (principal or accessory) constructed thereon. C. "Heritage tree" means any tree or grove of trees which, because of factors including, but not limited to, its historic value, unique quality, girth, height or species, has been found by the Architec- tural and Site Approval Committee to have a special significance to the community. D. "Oak tree" shall include all, trees of oak ge- nus, including, but not limited to, the Valley Oak (Quercus lobata) and California Live Oak (Quercus agrifolia). 3'78-1 (c~put;no 9-00) 14.18.020 E. "Owner" shall include the legal owner of real property within the City, and any lessee of such owner. F. "Person" shall include an individual, a firm, an association, a corporation, a co-partnership, and the lessees, trustees, receivers, agents, servants and employees of any such person. G. "Private property" shall include all property not owned by the City or any other public agency. H. "Public property" includes all property owned by the City or any other public agency. I. "Specimen tree" means any of the following: 1. A tree which has a trunk with a circumfer- ence of thirty-one inches, is approximately ten or more inches in diameter, measured at three feet above natural grade slope; 2. A tree required to be protected as a part of a zoning, tentative map, use permit, or privacy protec- tion requirement in an Rl zoning district. Species Measurement From Single-Trunk Diam- Multi-Trunk Diame- Natural Grade eter/Circumference ter/Circumference Native Trees: Oak trees 4-1/2' 10" (31'~ 20" (63'~ California Buckeye 4-1/2' 10" (31'~ 20" (63'7 Big Leaf Maple 4-1/2' 12" (38'~ 25" (79'~ Nonnative Trees: Deodaz Cedar 4-1/2" 12" (38'~ 25" (79'~ Blue Atlas Cedaz 4-1/2" 12" (38'~ 25" (79'~ cChpertino 9-00 378-2 AS diretleQ 0Y wok i ~ ~~j-Z~i ~ rein. Trite e c Y~ r~ Y ~ t~ • ,. p. ~ ~ 4 ~ ~ _ 2 ~ - ir~ O tZ - Q x' 80AROS-\-- • _ w ~ •!~ tTREATED i' ' Sitfpt • ~ {T~aTEiU ~ -~ - ` e - 2~ TIES---~ • - - =' '' ' " • , -~ CONCRETE' = - - , - ' `' ~ • ~ tC iy [e t6" NOT C ~ -.• Al_L. LUMBER - `' REDw00D - tT7PlCAL,} ~~~ ' • :' U8C STANOARi? • NO 25-9-61 OR EQU4L. LtSVJJ :7Ci.7 tViV :~ Q POSTS Max. -r BQaRDS FT. FT. 51ZE ~ S~ACtNG c • SIZE 3 3 8'z8' 6' 2'x IZ' 2 . 2 Ei' z 6" - 6' Z' x i2". i - t 5' x6' 6' ~ 2' zI2" •i. PRESERVATivE TREATYE:NT S p?EOSOTE er EOUdtL) iN aCLORDANCE wtTif SECZ 58 ST1sN0AR0 SPEtiflt;ATi0N5 t57ATE DEPT. OF PUBLlG wORxS,CtR2Rl:NT EDlTt0~~1. •~2-tF CEl;TiFiED 87 SOUS EI~ANEER_ ~ 3.8t.afac WALL 1S RECtuR£D ~ waL!_ is wiswN 2 x !{ FROIw PROPERTY uNE (iL)- T1M$ER RE'TA~NiNG WALL . CIT7 OF cu~ERTlAO ~ - c~~ ~ 1~~ STA7~10AR0 OETJtlLS .•••eKO n• ~~~ ~ ~{ o+~.e (T7f?! ~ 5' teie. >*~. F:...,~-:~ i33lGD! . ~ `r~i= ; ~ J .. X135 (Ctipertino 9-00> Face of Bldg. - h? L`6' MINIMUM 1' - - ~ X Bars 2-# Bars ~ a I. . oncrete Masonry Wall Conti uous All Cells Filled Solid •~ .~~ With Grout. 0 o ~ 0 ~ •~ oo Omit Head Joint at First " .' ~ ~ o O.C. for Course at 32 . :~ o Weep Hole ..~ wo 00 ~ ~, ~ 0 1 " Drain Rock as Req'd Grade ~ :~. oo m0 ® Bars I d°p f+. op Fe. It Paper i~ ~ . ~ .. o0 11_ " N ~ _ •. 2 ` 3-#4 Bars Continuous 5' Pour Footing Against Undisturbed Natural Soil REfA1NING WALL GREATER THAN 3' HIGH SHALL BE DESIGNED BY A CML/STRUCTURAL ENGINEER. (® ~ ®-- 3'max. 6' 1'-10 ~4 at 18"i ~4 of 48' NOTES: 1. Contact Public Works Department for Permit Requirements. 2. Plans indicating Top of Wall (T.W.) Elevation, Existing and Fnished Grades are required on all Retoining'Wall Permits. CONCRETE BLOCK REIN CITY OF CUPERTINO ~ APPROVED BY: STANDARD DETAILS a .' ° ~ 1" Drain • oo Rock c ~~ 4" Dia. Pipe .•° ~ • '~ o,p ©ears 0 a I ~ ~ ~ Felt Paper . .. , . ~~~ ~ . 3-#4 Bars I Continuous NOTE: Drains are required on ALL walls. A B PUBLIC R/W 3 1.5 ADJACENT PROPERTY 1.5 0.5 SPECIFICATIONS: GRADE "N" MASONRY UNITS TYPE _ "M" or "S" GROUT GRADE = 40 STEEL E.F.P. = 30 #/FT' LATERAL SIDING = .35 REVISED 7/5/00 DATE: ! 8-2 cc~ ~> 436 19.08.010 Chapter 19.08 DEFINITIONS Sections: 19.08.010 Purpose and applicability. 19.08.020 General rules for construction of language. 19.08.030 Definitions. 19.08.010 Purpose and applicability. The purpose of this chapter is to promote consis- tency and precision in the interpretation of the zon- ing regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout the zoning regulations, except where the context of such word or phrases cleazly indicates a different meaning or construction. (Ord. 1601 Exh. A (part), 1992) 19.08.020 General rules for construction of language. The following general rules of construction shall apply to the text of the zoning regulations: A. The particulaz shall control the general. B. In case of any difference of meaning or im- plication between the text of any provision and any caption or illustration, the text shall control. C. The word "shall" is always mandatory and not discretionary. The word "may" is discretionary. D. References in the masculine and feminine genders are interchangeable. E. Words used in the singulaz include the plural, and the plural includes the singulaz, unless the con- text cleazly indicates the contrary. F. The words "activities" and "facilities" include any part thereof. G. Unless the context clearly indicates to the contrary, the following conjunctions shall be inter- preted asfollows: 1. "And" indicates that all connected items or provisions shall apply; 2. "Or" indicates that the connected items or provisions may apply singly or in any combination; 3. "Either ... or" indicates that the connected items or provisions shall apply singly but not in combination. H. The words "lot" and "plot" aze interchange- able. I. The word "building" includes the word "structure." J. All public officials, bodies, and agencies to which reference is made aze those of the City unless otherwise indicated. K. "City" means the City of Cupertino. (Ord. 1601 Exh. A (part), 1992) 19.08.030 Definitions. Throughout this title the following words and phrases shall have the meanings ascribed in this section. "Abandon" means to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal clo- sure. "Abutting" means having property or district lines in common. "Accessory building" means a building which is incidental to and customarily associated with a specific principal use or facility and which meets the applicable conditions set forth in Chapter 19.80. "Accessory dwelling" means a dwelling unit inci- dental to a principal use on a site and intended for occupancy by persons residing therein by reason of employment of one or more occupants on the same site. "Accessory structure" means a subordinate struc- ture, the use of which is purely incidental to that of the main building and which shall not contain living or sleeping quarters. Examples include a deck, ten- nis courts, trellis or car shelter. Fences eight feet or less are excluded. "Addition" means any construction which increas- es the size of a building or facility in terms of site coverage, height, length, width, or gross floor azea ratio. :)73 (C~patino 9-00) 19.08.030 "Adult bookstore" means a building or portion thereof used by an establishment having as a sub- stantial or significant portion of its stock in trade for sale to the public or certain members thereof, books, magazines, and other publications which are distin- guished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as herein- after defined. "Adult cabaret" means a building or portion thereof used for dancing purposes thereof or azea used for presentation or exhibition or featuring of topless or bottomless dancers, strippers, male or female impersonators or similar entertainers, for observations by patrons or customers. "Adult motion picture theater" means a building or portion thereof or area, open or enclosed, used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as hereinafter de- fined, for observation by patrons or customers. "Agriculture" means the tilling of the soil, the raising of crops, horticulture, agriculture, livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer yards, bone yazd, or plants for the reduction of animal matter or any other similaz use. "Alley" means a public or private vehiculaz way less than thirty feet in width affording a secondary means of vehiculaz access to abutting property. "Alteration" means any construction or physical change in the arrangement of rooms or the supporting members of a building or structure, or change in the relative position of buildings or struc- tures on a site, or substantial change in appearances of any building or structure. 1. "Incidental alteration" means any alteration to interior partitions or interior supporting members of a structure which does not increase the structural strength of the structure; any alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility services, fixtures, or appliances; any addition, closing, or change in size of doors or win- dows in the exterior walls; or any replacement of a building facade which does not increase the structur- al strength of the structure. 2. "Structural alteration" means any alteration not deemed an incidental alteration. "Amusement pazk" means a commercial facility which supplies various forms of indoor and outdoor entertainment and refreshments. Animal, Adult. "Adult animal" means any animal four months of age or older. "Animal care" means a use providing grooming, housing, medical caze, or other services to animals, including veterinary services, animal hospitals, over- night or short-term boazding ancillary to veterinazy care, indoor or outdoor kennels, and similaz servic- es. Animal, Large. "Lazge animal" means any equine, bovine, sheep, goat or swine or similar domestic or wild animal, as determined by the Planning Com- mission. Animal, Small. "Small animal" means animals which aze commonly found in single-family resi- dential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc. "Apartment" means a room or a suite of two or more rooms which is designed for, intended for, and occupied by one family doing its cooking therein. "Apartment house" means a building designed and used to house three or more families, living independently of each other. "Apartment project" means a rental housing development consisting of two or more dwelling units. "Architectural feature" means any part or appurte- nance of a building or structure which is not a portion of the living area of the building or struc- ture. Examples include: cornices, canopies, eaves, awnings, fireplaces, or projecting window elements. Patio covers or any projection of the floor azea shall not constitute an azchitectural projection. "Atrium" means a courtyazd completely enclosed by walls and/or fences. "Attic" means an azea between the ceiling and roof of a structure, which is unconditioned (not heated or cooled) and uninhabitable. (Ctiperlino 9-00) 574 19.08.030 as a community housing project, regazdless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structure. "Comer triangle" means a triangulaz-shaped area bounded by: 1. The intersection of the tangential extension of front and end property lines as fonmed by the intersection of two public rights-of--way abutting the said property lines; and 2. The third boundary of the triangular-shaped area shall be a line connecting the front and side property lines at a distance of forty feet from the intersection of the tangential extension of front and side property lines. "Court" means an open, unoccupied space, other than a yard, on the same lot with a building or buildings and which is bounded on two or more sides by such building or buildings, including the open space in a house court or court apartment providing access. "Covered pazking" means a carport or garage that provides full overhead protection from the elements with ordinary roof coverings. Canvas, lath, fiber- glass and vegetation are not ordinarily roof cover- ings and cannot be used in providing a covered parking space. "Day caze center" means any child day caze facil- ity, licensed by the State or County, other than a family day care home, and includes infant centers, preschools, and extended day caze facilities. Day Caze Home, Family. "Family day care home" means a home, licensed by the State or County, which regularly provides caze, protection and supervision of twelve or fewer children, in the provider's own home, for periods of less than twen- ty-four hours per day, while the parents or guazdian are away, and includes the following: 1. "Large-family day caze home," which means a home which provides family day care to seven to twelve children, inclusive, including children under the age of ten yeazs who reside at the home; 2. "Small-family day caze home," which means a home which provides family day caze to six or fewer children, including children under the age of sixteen yeazs who reside at the home. "Developer" means the owner or subdivider with a controlling proprietary interest in the proposed community housing project, or the person or organization making application thereunder. "District" means a portion of the territory within the City within which certain uses of land, premises and buildings are permitted and certain other uses of land, premises and buildings aze prohibited, and within which certain yards and other open spaces are required and certain building site azeas are estab- lished for buildings, all as set forth and specified in this title. "Drinking establishment" means an activity that is primarily devoted to the selling of alcoholic bev- erages for consumption on the premises. "Drive-through establishment" means an activity where a portion of retailing or the provision of service can be conducted without requiring the customer to leave his or her car. Driveway, Curved. "Curved driveway" means a driveway with access to the front property line which enters the gazage from the side at an angle of sixty degrees or greater to the front curbline and which contains a functional twenty-foot-deep pazk- ing azea that does not overhang the front property line. "Duplex" means a building containing not more than two kitchens, designed and used to house not more than two families living independently of each other. "Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking and sani- tation facilities, constituting a separate and indepen- dent housekeeping unit, occupied or intended for occupancy by one family on a nontransient basis and having not more than one kitchen. "Enclosed" means a covered space fully sur- rounded by walls, including windows, doors and similar openings or azchitectural features, or an open space of less than one hundred squaze feet fully surrounded by a building or walls exceeding eight feet in height. :i77 ca,~n;oo aoo~ 19.08.030 "Entry feature" means a structural element, which leads to an entry door. "Equestrian center" means a facility for the shel- ter, display, exhibition, keeping, exercise or riding of horses, ponies or mules, or vehicles drawn by such animals, with related pasture lands, corrals and trails. "Equipment yazd" means a use providing for maintenance, servicing or storage of motor vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transporta- tion service, or similar activity. "Equipment yard" means a construction material yard, corporation yazd, vehiculaz service center or similar use. "Facility" means a structure, building or other physical contrivance or object. 1. "Accessory facility" means a facility which is incidental to, and customarily associated with a specified principal facility and which meets the applicable conditions set forth in Chapter 19.80. 2. "Noncomplying facility" means a facility which is in violation of any of the site development regulations or other regulations established by this title, but was lawfully existing on October 10, 1955, or any amendment to this title, or the application of any district to the property involved by reason of which the adoption or application the facility be- comes noncomplying. (For the definition for "non- conforming use" see the definition "use" in this chapter.) 3. "Principal facilities" means a main building or other facility which is designed and constructed for or occupied by a principal use. "Family" means an individual or group of persons living together who constitute a bona fide single housekeeping unit in a dwelling unit. "Family" shall not be construed to include a fraternity, sorority, club, or other group of persons occupying a hotel, lodginghouse, or institution of any kind. "Family day raze home" means a home which regulazly provides care, protection, supervision of children in the home for periods of less than twenty- four hours a day, while the pazents or guazdians aze away. "First floor" means that portion of a structure less than or equal to twenty feet in height, through which a vertical line extending from the highest point of exterior construction to the appropriate adjoining grade, passes through one story. "Floor azea" means the total area of all floors of a building measured to the outside surfaces of exte- rior walls, and including the following: 1. Halls; 2. Base of stairwells; 3. Base of elevator shafts; 4. Services and mechanical equipment rooms; 5. Interior building area above fifteen feet in height between any floor level and the ceiling above; a Height Limit for Entry Features 6. In all zones except residential, permanently roofed, but either partially enclosed or unenclosed building features used for sales, service, display, storage or similar uses. "Floor area" shall not include the following: 1. Basement or attic azeas; 2. Parking facilities, other than residential garag- es, accessory to a permitted conditional use and located on the same site; 3. Roofed azcades, plazas, walkways, porches, breezeways, porticos, courts, and similaz features not substantially enclosed by exterior walls. "Floor azea ratio" means the maximum ratio of gross floor area on a site to the total site azea. (C~peeino 9-00) 578 19.08.030 "Front wall" means the wall of a building or other structure nearest the street upon which the building faces, but excluding certain architectural features as defined in this chapter. "Full cash value" has the meaning assigned to it in the California Revenue and Taxation Code for property taxation purposes. "Garage" means an accessory building (complete- ly closed) used primarily for the storage of motor vehicles. "Grade" or "fmished grade" means the lowest point of adjacent ground elevation of the fmished surface of the ground paving, or sidewalk, excluding areas where grade has been raised by means of a berm, planter box, or similaz landscaping feature, unless required for drainage, within the azea be- tween the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. "Gross lot azea" means the horizontal azea includ- ed within the property lines of a site plus the street area bounded by the street centerline up to thirty feet distant from the property line, the street right- of-way line and the extended side yazd to the street centerline. "Group care activities" means a residential Gaze facility providing continuous care for six or fewer persons on a twenty-four-hour basis, which requires licensing by a governmental agency. "Guest cottage" means an accessory building containing a lodging unit without kitchen facilities, and used to house occasional visitors or nonpaying guests of the occupants of a dwelling unit on the same site. "Guest room" means a room which is intended, arranged or designed to be occupied by occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the room is located, and which contains no kitchen facilities. "Habitable floor" means the horizontal space between a floor azea of at least seventy squaze feet and the ceiling height measuring at least seven feet six inches above it, except for a kitchen which shall have a ceiling height not less than seven feet above said floor. "Height" means, unless otherwise established by a city approved grading plan which is part of a subdivision map approval, the vertical distance measured from the natural grade to the highest point of exterior construction, exclusive of chimneys, antennas or other appurtenances except entry fea- tures which aze measured to the top of the wall plate. Height restriction shall be established by estab- lishing aline parallel to the natural grade. "Home occupation" means an accessory activity conducted in a dwelling unit solely by the occupants thereof, in a manner incidental to residential occupancy, in accord with the provisions of this title. (For further provisions, see regulations for home occupation in Chapter 19.92.) "Hospital" means a facility for providing medical, psychiatric or surgical services for sick or injured persons, primarily on an inpatient basis, and includ- ing ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and service to patients, employees or visitors. "Hotel" means a facility containing rooms or groups of rooms, generally without individual kitch- en facilities, used or intended to be used by tempo- rary overnight occupants, whether on a transient or residential occupancy basis, and whether or not eating facilities are available on the premises. Hotel includes motel, motor hotel, tourist court, or similaz use, but does not include mobilehome parks or similaz uses. "Household pets" means small animals commonly found in residential areas such as chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or equine animal, or any goat, sheep or swine. This title does not regulate the keeping of small household pets, such as fish, buds or hamsters, which is incidental to any permitted use. "Junkyard" means the use of more than two hundred squaze feet of the azea of any lot for the storage or keeping of junk, including scrap metals .579 (CS~pectino 9-00) 19.08.030 or other scrap material, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. "Landscaping" means an area devoted to or de- veloped and maintained with native or exotic plant- ing, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block or similaz material (excluding driveways, parking, loading or storage areas), and sculptural elements. "Late evening activities" means an activity which maintains any hours of operation during the period of eleven p.m. to seven a.m. "Legal substandazd lot" means any pazcel of land or lot recorded and legally created by the County or City prior to Mazch 17, 1980, which lot or pazcel is of less azea than required in the zone; or lots or paz- cels of record which aze reduced to a substandazd lot size as a result of required street dedication un- less otherwise provided in the City of Cupertino General Plan. The owner of a legally created, sub- standard property which is less than six thousand square feet but equal to or greater than five thou- sand squaze feet may utilize such parcel for residen- tial purposes. The owner of a legally created parcel of less than five thousand square feet may also develop the site as asingle-family residential build- ing site if it can be demonstrated that the property was not under the same ownership as any contigu- ous property on the same street frontage as of or after July 1, 1984. "Liquor store" means a use requiring a State of California "off-sale general license" (sale for off-site consumption of wine, beer and/or hazd liquor) and having fifty percent or more of the total dollar sales accounted for by beverage covered under the off- sale general license. "Loading space" means an azea used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located. "Lodging" means the furnishing of rooms or groups of rooms within a dwelling unit or an acces- sory building to persons other than members of the family residence in the dwelling unit, for overnight occupancy on a residential occupancy basis, whether or not meals aze provided to such person. Lodging shall be subject to the residential density require- ments of the district in which the use is located. "Lodging unit" means a room or group of rooms not including a kitchen, used or intended for use by overnight occupants as a single unit, whether located in a hotel or a dwelling unit providing lodging where designed or used for occupancy by more than two persons; each two-person capacity shall be deemed a separate lodging unit for the purpose of determining residential density; each two lodging units shall be considered the equivalent of one dwelling unit. "Lot" or "site" means a pazcel of land consisting of a single lot of record, used or intended for use under the regulations of this title as one site for a use or a group of uses. 1. "Corner lot" means a lot situated at the inter- section of two or more streets, or bounded on two or more adjacent sides by street lines. 2. "Flag lot" means a lot having access to a street by means of a private driveway or pazcel of land not otherwise meeting the requirement of this title for lot width. 3. "Interior lot" means a lot other than a corner lot. 4. "Key lot" means the first lot to the rear of a comer lot, the front line of which is a continuation of the side line of the comer lot, and fronting on the street which intersects or intercepts the street on which the corner lot fronts. 5. "Lot area" means the area of a lot measured horizontally between boundary lot lines, but exclud- ing aportion of a flag lot providing access to a street and lying between a front lot line and the street, and excluding any portion of a lot within the lines of any natural watercourse, river, stream, creek, waterway, channel or flood control or drain- age easement and excluding any portion of a lot within a street right-of--way whether acquired in fee, easement or otherwise. "Lot coverage" means and encompasses the fol- lowing: cc~~;~ 9-00 580 19.08.030 1. "Single-family residential use" means the total land azea within a site that is covered by build- ings, including all projections, but excluding ground-level paving, landscape features, and open recreational facilities. 2. "All other uses except single-family residen- tial" means the total land azea within a site that is covered by buildings, excluding all projections, ground-level paving, landscape features, and open recreational facilities. "Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the reaz lot line, or to the most distant point on any other lot line where there is no clear reaz lot line. "Lot line" means any boundary of a lot. 1. "Front lot line" means on an interior lot, the lot line abutting a street, or on a comer lot, the shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to and neazest the street from which access is obtained. 2. "Interior lot line" means any lot line not abutting a street. 3. "Rear lot line" means the lot line not inter- secting afront lot line which is most distant from and the most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. 4. "Side lot line" means any lot line which is not a front or rear lot line. 5. "Street lot line" means any lot line abutting a street. "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or pazcel described by metes and bounds which has been recorded. "Lot width" means the horizontal distance be- tween side lot lines, measured at the required front setback line. "Manufacturing" means a use engaged in the manufacture, predominantly from previously pre- pared materials, of finished products or parts, in- cluding processing fabrication, assembly, treatment, packaging of such products, but excluding basic industrial processing of extracted or raw materials, processes utilizing inflammable or explosive materi- al (i.e., materials which ignite easily under normal manufacturing conditions), and processes which create hazardous or commonly recognized offensive conditions. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tap- ping, pounding, vibrating or stimulating the external parts of the human body with the hands or with any mechanical or electrical apparatus or other applianc- es or devices with or without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar prepazations. "Massage pazlor" means a building or portion thereof, or a place where massage is administered for compensation or from which a massage business or service for compensation is operated which is not exempted or regulated by the Massage Establish- ment Ordinance as contained in Title 9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9.06. "Mobilehome" means a vehicle, other than a motor vehicle, designed or used as semipermanent housing, designed for human habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle, and shall include a trailer coach. "Mobilehome park" means any area or tract of land where lots aze sold, rented, or held out for rent to one or more owners or users of mobilehomes, excluding travel-trailers, for the purpose of permanent or semipermanent housing. "Multiple-family use" means the use of a site for three or more dwelling units which may be in the same building or in sepazate buildings on the same site. "Net lot azea" means the total azea included with- in the property lines of a site, excluding the follow- ing: 1. Any portion of a site within the right-of--way of an existing public street; 2. The portion of a flag lot constituting the access corridor lying between the front property line and the frontage line of the corridor at the street; .581 (Ctipereno 9-00) 19.08.030 3. The full width of any legal easement used for access purposes. "Nightclub" means an establishment providing alcoholic beverage service and late evening (past eleven p.m.) entertainment, with or without food service. "Office" means: 1. "Administrative or executive offices" including those pertaining to the management of office operations or the direction of enterprise but not including merchandising or sales services. 2. "Medical office" means a use providing con- sultation, diagnosis, therapeutic, preventative or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans, licensed for such practice by the State of Califomia and including services related to medical reseazch, testing and analysis. 3. "Professional offices" such as those pertaining to the practice of the professions and arts including, but not limited to, azchitecture, dentistry, engineer- ing, law and medicine, but not including sale of drugs or prescriptions except as incidental to the principal uses and where there is external evidence of such incidental use. "Offset" means the indentation or projection of a wall plane. "Open" means a space on the ground or on the roof of a structure, uncovered and unenclosed. "Organizational documents" means the declaza- tion of restrictions, articles of incorporation, bylaws and any contracts for the maintenance, management or operation of all or any part of a community hous- ing project. "Outdoor recreation use" means a privately owned or operated use providing facilities for out- door recreation activities, including golf, tennis, swimming, riding or other outdoor sport or recre- ation, operated predominantly in the open, except for accessory or incidental enclosed services or facilities. "Pazk" means any open space, reservation, play- ground, swimming pool, golf course, recreation center, or any other area in the City owned or used by the City or County and devoted to active or passive recreations. "Parking area" means an unroofed, paved area, delineated by painted or similaz mazkings, intended and designed to accommodate one or more vehicles. "Pazking facility" means an azea on a lot or with- in abuilding, or both, including one or more pazk- ing spaces, together with driveways, aisles, turning and maneuvering areas, cleazances and similar fea- tures, and meeting the requirements established by this title. Pazking facility includes pazking lots, gazages and pazking structures. 1. "Temporary pazking facility" means pazking lots which aze not required under this title and which aze intended as interim improvements of property subject to removal at a later daze. "Pazking space" means an azea on a lot or within a building, used or intended for use for pazking a motor vehicle, having permanent means of access to and from a public street or alley independently of any other pazking space, and located in a pazking facility meeting the requirements established by this title. Pazking space is equivalent to the term "pazk- ing stall" and does not include driveways, aisles or other features comprising a pazking facility as previ- ously defined in this chapter. "Personal fitness training center" means a facility providing space and equipment, with or without supervision, for group or individual athletic develop- ment, increased skill development in sports activity, or rehabilitative therapy for athletic injury. "Picnic area" means a facility providing tables and cooking devices for prepazation and consump- tion of meals out of doors or within an unenclosed shelter structure. "Practice range" means a facility providing con- trolled access to fixed or movable objects which aze used to test and measure accuracy of discharge from a weapon. "Private educational facility" means a privately owned school, including schools owned and operat- ed by religious organizations, offering instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. (a~peiano 9.00 582 19.08.030 ition when it improves the design relationship of the proposed buildings to adjacent buildings or pazcels. 2. Setback Area, Required Rear Yazd. "Required reaz-yard setback azea" means the azea extending across the full width of the lot between the reaz lot line and the neazest line or point of the main build- ing. 3. Setback Area, Required Side Yard. "Required side-yazd setback area" means the azea between the side lot line and the neazest line of a building, and extending from the front setback line to the reaz setback line. "Shopping center" means a group of commercial establishments, planned, developed, owned or man- aged as aunit, with off-street pazking provided on the site. "Single-family use" means the use of a site for only one dwelling unit. "Specialty food stores" means uses such as baker- ies, donut shops, ice cream stores, produce markets and meat mazkets, or similaz establishments where food is prepared and/or sold primarily for consump- tion off the premises. "Specified anatomical azeas" means: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the azeola; and 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" means: 1. Human genitals in a state of sexual stimulation or azousal; 2. Acts of human masturbation, sexual inter- course or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. "Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. "Street" means a public or private thoroughfaze the design of which has been approved by the City which affords the principal means of access to abut- ting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thor- oughfare except an alley as defined in this chapter. "Structure" means that which is built or con- structed, anedifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Structure, Recreational. "Recreational structure" means any affixed accessory structure or portion thereof, which functions for play, recreation or exercise (e.g., pool slides, playhouses, tree houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs and pools) but does not include portable play structures, such as swings or climbing appaza- tus. "Structurally attached" means any structure or accessory structure or portion thereof, which is substantially attached or connected by a roof struc- ture or similaz physical attachment. "Transient" means any individual who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendaz days as full days, and including any individual who actually physically occupies the premises, by permission of any other person entitled to occupancy. "Use" means the conduct of an activity, or the performance of a function or operation, on a site or in a building or facility. 1. "Accessory use" means a use which is incidental to and customarily associated with a specified principal use. 2. "Conditional use" means a use listed by the regulations of any particular district as a conditional use within that district, and allowable therein solely on a discretionary use/conditional basis, subject to issuance of a conditional use permit, and to all other regulations established by this title. 3. "Nonconforming use" means a use which is not a permitted use or conditional use authorized within the district in which it is located, but which was lawfully existing on October 10, 1955; or the date of any amendments thereto, or the application 5 85 (C~pertino 9-00) 19.08.030 of any district to the property involved, by reason of which adoption or application the use became nonconforming. (See "noncomplying facilities" in this chapter for a definition.) 4. "Permitted use" means a use listed by the regulations of any particulaz district as a permitted use within that district, and permitted therein as a matter of right when conducted in accord with the regulations established by this title. 5. "Principal use" means a use which fulfills a primary function of a household, establishment, in- stitution, or other entity. "Useable reaz yazd" means that azea bounded by the rear lot line(s) and the reaz building line extend- ed to the side lot lines. The side yazd adjacent to a proposed minor addition (e.g., addition equalling ten percent or less of the principal structure) may be included in calculation of usable reaz yazd azea. "Vehicle" means any boat, bus, trailer, motor home, van, camper (whether or not attached to a pickup truck or other vehicle), mobilehome, motor- cycle, automobile, truck, pickup, airplane, boat trailer, truck tractor, truck trailer, utility trailer or recreational vehicle, or parts thereof, or any device by which any person or property may be propelled, moved or drawn upon a public street, excepting a device moved exclusively by human power. "Visual privacy intrusion" means uninterrupted visual access from a residential dwelling or structure into the interior or exterior areas of adjacent residential structures, which area is either complete- ly or partially private, designed for the sole use of the occupant, and/or which serves to fulfill the interior and/or exterior privacy needs of the impact- ed residence or residences. "Yard" means an area within a lot, adjoining a lot line, and measured horizontally, and perpendiculaz to the lot line for a specified distance, open and unobstructed except for activities and facilities allowed therein by this title. 1. "Front yazd" means a yard measured into a lot from the front lot line, extending the full width of the lot between the side lot lines intersecting the front lot line. 2. "Reaz yazd" means a yazd measured into a lot from the reaz lot line, extending between the side yards; provided that for lots having no defined reaz lot line, the reaz yazd shall be measured into the lot from the rearmost point of the lot depth to a line parallel to the front lot line. 3. "Side yard" means a yazd measured into a lot from a side lot line, extending between the front yazd and reaz lot line. (Ord. 1809, 2000; Ord. 1784 (part), 1998; Ord. 1725 (part), 1996; Ord. 1688 § 3 (part), 1995; Ord. 1657 (pazt), 1994; Ord. 1654, 1994; Ord. 1637 (part), 1993; Ord. 1635 (pazt), 1993; Ord. 1618 (part), 1993; Ord. 1607 § 1, 1992; Ord. 1601 Exh. A (part), 1992) (Ctipatino 9-0~> 586 ORDINANCE LIST 1733 Mobile vendor permits (5.48) 1734 Rezone (Special) 1735 Rezone (Special) 1736 Amends Ch. 19.108 entirely, wireless communications facilities (19.108) 1737 Amends Ch. 19.100 entirely, pazking regulations (19.100) 1738 Rezone (Special) 1739 Amends § 11.08.260, bicycles (11.08) 1740 Amends § 11.08.250, bicycles (11.08) 1741 Amends § 11.24.150, pazking (11.24) 1742 Adds new § 16.04.080, residential roof- ing and renumbers § § 16.04.080- 16.04.160 to be 16.04.090-16.04.170, building code provisions (16.04) 1743 Amends § 11.24.150, pazking (11.24) 1744 Not enacted 1745 Amends § 11.08.250, bicycle lanes (11.08) 1746 Rezone (Special) 1747 (Not passed) 1748 Rezone (Special) 1749 Rezone (Special) 1750 Rezone (Special) 1751 (Not enacted) 1752 (Not enacted) 1753 Amends specific plan (Special) 1754 Rezone (Special) 1755 Adds § 17.04.030; amends §§ 17.32.010, 17.32.040 and 17.32.090, zoning (17.04, 17.32) 1756 Rezone (Special) 1757 Adds Ch. 2.06, city council campaign finance (2.06) 1758 Adopts interim measures to protect structures from demolition of potentially historic sites (Not codified) 1759 Amends § 11.08.250, bicycle lanes (11.08) 1760 Amends § 11.26.110, pazking (11.26) 1761 Adopts interim measures to protect structures from demolition of potentially historic sites (Not codified) 1762 Amends § 11.20.030, stop signs (11.20) 1763 (Pending) 1764 Amends Ord. 1750, rezone (Not codi- fied) 1765 Amends § 11.20.020, stop signs (11.20) 1766 Amends § 11.08.250, bicycle lanes (11.08) 1767 Adds §§ 11.08.014, 11.08.015 and 11.08.270; renumbers § 11.08.270 to be 11.08.280, roller skates and skateboards (11.08) 1768 Rezone (Special) 1769 Amends Stevens Creek Boulevazd spe- cific plan (Special) 1770 Prezone (Special) 1771 Prezone (Special) 1772 Rezone (Special) 1773 (Not available) 1774 Rezone (Special) 1775 Adds § 2.04.050, city council term limits (2.04) 1776 Amends § 15.32.060; repeals and re- places Ch. 15.04, waterworks system, rates and chazges; repeals and replaces Ch. 15.20, sewage disposal systems; repeals Chs. 15.08, 15.12 and 15.30 (15.04, 15.20, 15.32) 1777 Adds §§ 16.08.185, 16.08.290, 16.08.300, 16.16.025, 16.20.110, 16.20.120, 16.28.065, 16.32.090, 16.36.055; amends §§ 16.08.020, 16.08.080, 16.08.200(A)(1), 16.08.250 (B), 16.12.010, 16.12.020, 16.12.040, 16.16.020, 16.16.070, 16.20.080, 16.24.020, 16.24.030, 16.24.060, 16.24.080,16.28.040(C),16.28.060(A), 16.32.080, 16.40.070, 16.40.930, 16.40.950(A); amends title of Ch. 16.12; repeals and replaces §§ 16.20.100, 16.32.100; repeals §§ 16.04.040, 16.04.150, 16.08.090, 16.08.140(B), 16.08.180(B), 16.08.190 (C), 16.08.250(B)(1 and 2), 16.08.280 (A-C), 16.20.030, 16.20.040, 16.20.090(A)(Part One), 16.24.040, 16.36.030(D), 16.36.070(D), 16.40.940, 16.40.950(D), 16.42.280; repeals Chs. 614-11 (cl~pertino 9-00) TABLES 16.44, 16.48 and 16.60; repeals Ch. 1796 Amends §§ 17.32.010, 17.32.040, 16.44 Appx. A, Ch. 16.52 Article subti- 17.32.090(E) and 17.32.100, temporary tles, Ch. 16.60 Tables A, B, C, D, E, signs-regulations; renumbers § and F and Demand/Capacity Ratio 17.32.120 to be 17.24.270, sign regula- graph; buildings and construction regu- tions; repeals § 17.32.110 (17.24, lations (16.08, 16.12 16.16, 16.20, 17.32) 16.24, 16.28, 16.32, 16.36) 1797 Amends § § 2.06.100(D) and 2.06.130, 1778 Adds Ch. 19.134, architectural and site city council-campaign finance (2.06) review process (19.134) 1798 Proposition for utility users excise tax 1779 Adds §§ 19.32.090 and 19.60.090, and annexation (Special) architectural and site review (19.32, 1799 Amends § 19.28.060, zoning (19.28) 19.60) 1800 Prezone (Special) 1780 Designating permit pazking on Rose 1801 Amends § 5.04.460, (5.04) Blossom Drive from McClellan Road to 1802 Adds § 16.28.045; amends § 16.28.060, Lily Avenue (Not codified) (16.28) 1781 Amends § 11.24.160, pazking (11.24) 1803 Rezone (Special) 1782 Prezone (Special) 1804 Rezone (Special) 1783 Prezone (Special) 1805 Rezone (Special) 1784 Amends §§ 19.08.030, 19.28.040, 1806 Amends § 11.24.150, pazking (11.24) 19.28.060, 19.32.060, 19.40.110, 1807 Amends § 2.08.096, city council (2.08) 19.56.040, 19.56.060, 19.56.070, 1808 Adds §§ 19.28.080-19.28.110, amends 19.64.050, 19.64.080, 19.76.070, §§ 19.28.040(A)(1), 19.28.060(A), (B), 19.80.030, 19.88.030, 19.92.060 and (C), (D) and (E), renumbers § 19.104.040; repeals Ch. 19.96; zoning 19.28.080 to 19.28.110 and § 19.28.090 (19.08, 19.28, 19.32, 19.40, 19.56, to § 19.28.120 and repeals §§ 19.64, 19.76, 18.80, 19.88, 19.92, 19.28.060(F)(3) and 19.28.070(A) and 19.104) (B), zoning (19.28) 1785 Frezone (Special) 1809 Amends § 19.08.030, zoning (19.08) 1786 Amends specific plan (Special) 1810 Amends §§ 14.18.020, 14.18.060 and 1787 Amends Ch. 2.32, planning commission 14.18.230, heritage and specimen trees (2.32) (14.18) 1788 Amends Ch. 16.28, fences (16.28) 1811 Amends § 19.80.030, 19.80.040 and 1789 Amends Ch. 17.44, sign exceptions 19.84.030, zoning (19.80, 19.84) (17.44) 1812 Amends § 19.124.100, zoning (19.124) 1790 Amends Ch. 19.132, zoning (19.132) 1813 Prezone (Special) 1791 Amends Ch. 19.134, zoning (19.134) 1814 Interim zoning regulations (Special) 1792 Amends §§ 2.16.010-2.16.030, city 1815 Amends §§ 19.56.030 and 19.56.040, council (2.16) zoning (19.56) 1793 Adds Ch. 9.22, property maintenance 1816 Extends Ord. 1814, interim zoning (9,22) regulations (Special) 1794 Amends §§ 1.09.030(A) and 1817 Adds Ch. 2.90, residential design re- 1.09.060(A) and (B), nuisance abate- view committee (2.90) ment (1.09) 1818 Amends Ch. 2.06, city council-~am- 1795 Rezone (Special) paign finance (2.06) 1819 Prezone (Special) (~p«~~ 9-00 614-12 ORDINANCE LIST 1820 Prezone (Special) 1821 Prezone (Special) 1822 Amends §§ 2.04.010, 5.28.070(l~, 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, parking (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) 614-13 (c~perdno 9-00)