2000 JuneSUPPLEMENT
INSEI~TION GUIDE
CUPERTINO MUNICIPAL CODE
June, 2000
(Covering Ordiinances through 1848)
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 be retained as a permanent record of pages
supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages
Preface ............... Prefac:e
Checklist i-v .....Checklist i-~v
TEXT
31-34 ...............31-3 4
70-11-70-12 ..... 70-11-70-12
295-296 ........... 295-29 6
339-340 ........... 339-340
445148 ...........445-~4 8
501-504 ........... 501-504
588-12.3-588-12.6 ......... .
..........588-12.3-588-12.6
588-14a-588-16 ........... .
........... 588-15-588-16b
588-27-588-32 ........... .
............ 5 88-27-588-32
588-36a-588-36b .......... .
...........588-36a-588-36b
Remove Pages Insert Pages
588-42a-588-44 ........... .
............588-43-588-44a
588-51-588-52 ........... .
............ 588-51-588-52
588-97-588-100........... .
............ 588-97-588-99
TABLES
614-13 ............... 614-13
INDEX
623-624 ......... 623-b24-1
643-648 ........... 643-648
661 X64 ........... 661-664
669-670 ........... 669-670
PREFACE
The Cupertino Municipal Code, originally published by Book
Publishing Company in 1973, has been kept current by regulaz
supplementation.
During original codificatio~z, the ordinances were compiled,
edited and indexed by the editorial staff of Book Publishing
Company under the direction of Mr. David H. Adams, city
attorney.
The code is organized by sl~bject matter under an expandable
three-factor decimal numbering system which is designed to
facilitate supplementation without disturbing the numbering of
existing provisions. Each se~~tion number designates, in se-
quence, the numbers of thetitle, chapter, and section. Thus,
Section 17.12.050 is Section ..050, located in Chapter 17.12 of
Title 17. In most instances, sec:tions aze numbered by tens (.010,
.020, .030, etc.), leaving nine vacant positions between original
sections to accommodate future provisions. Similazly, chapters
and titles are numbered to provide for internal expansion.
In parentheses following e~-ch section is a legislative history
identifying the specific sow-ces 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 aze
located throughout the text.. A subject-matter index, with
complete cross-referencing, locates specific code provisions by
individual section numbers.
This supplement brings th~~ code up to date through Ordi-
nance 1848, passed May 1, 2000.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(Cupertino 6-00)
CHECKLIST
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 6-00 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~ .......................... 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
59-60 .......................... 3-89
61-63 .......................... 5-96
64/66 ........................... 5-96
67-70 ....................... (no date)
70-1-70-2 ...................... 12-95
70-3-70-4 ...................... 12-91
70-5-70-8 ....................... 5-96
70-9 ............................ 5-95
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
73-76 ......................... 12-96
77 ............................. 8-99
78186 ........................... 8-99
Title 6:
143-150 ........................ 5-96
151 ........................... 12-96
152/ 156 ........................ 12-96
157-158 ....................... 10-93
ccaperono ~-oo>
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 .......................... 11-98
Title 10:
245 ............................ 8-99
247-248 ....................... 12-96
249-250 ........................ 8-99
250-1-250-2 ..................... 8-99
251-25 8 ....................... 12-96
258-1 ........................... 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
313-314 ........................ 2-00
315-316 ........................ 6-99
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
321-322 ........................ 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
334-1-334-3 .................... 12-96
335-338 ..................... (no date)
3 39-340 ........................ 6-00
340-1 ........................... 3-88
341-342 ....................... 12- 87
342-1-342-2 .................... 12-96
ccupe~dno 6-00 ii
Page Number Date
Title 12:
343 ......................... (no date)
Title 13:
345-348 ........................ 6-00
353-354 ..................... (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 -378-4 .................... 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
42138 ........... . . . .......... 5-98
43943 ........................ 8-99
445-44 8 ........................ 6-00
448-1 ........................... 5-98
449154 ....................... 10-93
Page Number Date
455-458 ........................ 5-98
459-464 ........................ 8-99
464-1-464-4 ..................... 8-99
464-4a~64-4b .................... 8-99
464-4b.1-464-4b.16 ................ 8-99
464-4c .......................... 5-98
464-5-X164-12 ................... 10-90
465-467 ........................ 5-98
468/474 ......................... 5-98
474-1-474-2 ..................... 3-88
47576 ........................ 5-98
477-480 ........................ 8-99
480-1-~80-2 ..................... 8-99
Title 17:
481 ............................ 8-98
483-484 ........................ 8-97
485-488 ....................... 10-93
489-490 ........................ 5-96
491-492 ....................... 11-98
492-1 .......................... 11-98
49394 ....................... 12-94
494-1 .......................... 12-94
49598 ....................... 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
573-578 ........................ 8-98
579-580 ........................ 4-99
581-586 ........................ 8-98
587-588 ........................ 2-93
588-1-588-4 ..................... 7-95
588-5-588-6 ..................... 8-99
588-6a-588-6b .................... 7-95
111 (Copenino 6-00)
Page Number Date
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
588-12588-12b .................. 8-98
588-13 .......................... 8-98
5 88-15-5 88-16 ................... 6-00
588-16~--5-88-16b ................. 6-00
5 8 8 -17-5 8 8 -18 .................. 12-96
588-19-588-22 ................... 8-96
588-22588-22b .................. 8-98
588-22c-588-22d ................. 12-96
588-23-5 88-24 ................... 7-95
588-24a-588-24b .................. 7-95
588-25-5 88-26 .................. 12-93
5 8 8 -27-5 8 8- 3 2 ................... 6 -00
5 88-33-588-34 .................. 12-96
588-35-588-36 ................... 8-98
588-36588-36b .................. 6-00
5 8 8-37 .......................... 6-99
588-38a ......................... 8-98
5 8 8- 39-5 8 8-42 ................... 5 -98
5 8 8-43-5 88-44 ................... 6-00
588-44a ......................... 6-00
5 88-45-5 8 8-48 ................... 2-93
5 88-49-5 88-50 ................... 8-98
588-SOa-588-SOb .................. 6-99
588-51-5 88-52 ................... 6-00
588-52a-588-52d ................. 12-96
588-52e-588-52h .................. 5-95
588-52i-588-52j .................. 12-96
5 8 8 -53-5 8 8 -54 ................... 6-99
588-55-588-58 ................... 8-98
588-58a ......................... 8-98
5 88-59-5 8 8-60 ................... 2-93
5 88-61-5 8 8-62 .................. 12-93
588-63-5 88-64 ................... 4-94
588-65 .......................... 4-99
5 88-66/5 8 8-68 ..................... 4-99
5 8 8 -69-5 8 8 -72 ................... 2-97
588-72a--588-72c .................. 2-97
5 8 8 -73-5 8 8 -74 ................... 4-99
Page Number Date
588-74a-588-74b ................. 12-96
5 8 8-75-5 8 8-76 ................... 2-97
588-76588-76c .................. 2-97
588-77-588-78 ................... 2-93
588-79-588-80 .................. 12-96
588-81-588-86 ................... 2-93
5 8 8-87-5 8 8-8 8 .................. 12-96
5 88-89-5 8 8-90 ................... 2-93
5 88-91-5 8 8-94 ................... 6-99
5 88-95-5 8 8-96 ................... 8-98
5 8 8 -9 7-5 8 8 -99 ................... 6 -00
588-100588-100b ................ 5-98
Title 20:
588-101 ........................ 12-94
5 8 8-103-5 8 8-106 ................. 12-96
Tables:
5 89-590 ........................ 5 -96
591-592 ........................ 5-98
593-594 ........................ 2-93
595-599 ....................... 12-96
601-614 ........................ 5 -9 8
614-1-614-4 ..................... 5 -98
614-5-614-8 ..................... 8-98
614-9-614-12 .................... 8 -99
614-13 .......................... 6-00
Index:
615-616 ....................... 12-96
617-618 ........................ 5-98
619-620 ........................ 8-99
621-622 ........................ 8-97
623-624 ........................ 6-00
624-1 ........................... 6-00
625-627 ....................... 11-99
629/631 ......................... 3-96
633-638 ....................... 12-96
6 39-640 ........................ 8 -99
640-1 ........................... 8-99
641-642 ....................... 12-96
643-648 ........................ 6-00
648-1 ........................... 5-98
(Cupertino 6-00) 1V
Page Number Date Page Number Date
649-651 ....................... 12-96
65 2/654 ........................ 12-96
655-65 8 ........................ 5-98
659-660 ........................ 8-99
661-664 ........................ 6-00
665-666 ........................ 6-99
667-668 ........................ 8-98
669-670 ........................ 6-00
670-1 .......................... 11-99
671-673 ........................ 8-98
V (Cupertino 6-00)
2.30.010
Chapter 2.30
CODE ENFORCEMENT OFFICER
Sections:
2.30.010 Office created.
2.30.020 Warrantless arrest power.
2.30.010 Office created.
The Code Enforcement Officer, or such person
authorized to act in that capacity during his periods
of absence or leave, is designated Enforcement
Officer, and chazged with the duty of enforcement
of the ordinances of the City, and the parking regu-
lations of the California Vehicle Code. Such desig-
nation shall not relieve any other officer of the City
who, in any other ordinance of the City, is designat-
ed asthe Enforcement Officer thereof, from his duty
to enforce such other ordinance. With respect to any
such other ordinances, the Code Enforcement Offi-
cer, or such person authorized to act in that capacity
during his or her periods of absence or leave, shall
dischazge his or her duties under this chapter in
cooperation with any such other officer. (Ord. 1697
(part), 1995: Ord. 830 (part), 1977: Ord. 548 § 1,
1972)
2.30.020 Warrantless arrest power.
The Code Enforcement Officer, or such person
authorized to act in that capacity during his or her
periods of absence or leave, is authorized and em-
powered to arrest a person without a warrant when-
ever he has reasonable cause to believe that the
person to be arrested has committed a misdemeanor
in his or her presence which is a violation of any
ordinance of the City or parking regulation of the
California Vehicle Code, or to issue a citation in
lieu thereof, as provided in Section 836.5 of the
Penal Code of the State of California. (Ord. 1697
(part), 1995: Ord. 830 (part), 1977: Ord. 548 § 2,
1972)
31
(c5~pestino ~-oo~
2.32.010
Chapter 2.32
PLANNING COMMISSION*
Sections:
2.32.010 Established.
2.32.020 Term of office of members.
2.32.030 Vacancy or removal.
2.32.040 Chairperson.
2.32.050 Meetings.
2.32.060 Amendments-Records
required.
2.32.070 Powers and functions.
2.32.080 Procedural rules.
" For statutory provisions regarding the establishment of a city
planning commission, see Gov. Code § 65100 et seq. -See Title
17, Zoning.
Prior ordinance history: Ords. 5, 5(b), 5(c), 5(d), 167, 1166, 1213,
1321, 1459, 1549 and 1697.
2.32.010 Established.
The City Planning Commission is established.
The City Planning Commission shall consist of five
members, none of whom shall be officials or em-
ployees of the City and none of whom shall cohabit
with as defined by law, nor be related by blood or
marriage to any other member of the Commission,
the City Manager or the staff person(s) assigned to
this Commission. The five members shall be ap-
pointed by the City Council. Each member shall be
a qualified elector in and resident of the City. Each
member shall receive compensation as established
by resolution of the City Council. (Ord. 1787 § 1
(part), 1998)
2.32.020 Term of office of members.
A. Commissioners serve at the pleasure of the
City Council. The term of office of the members of
the Planning Commission shall be four years and
shall end on January 15th of the yeaz their term is
due to expire. No commissioner shall serve more
than two consecutive terms except that a commis-
sioner may serve more than two consecutive terms
if he or she has been appointed to the Commission
to fill an unexpired term of less than two yeazs.
B. The appointment, reappointment and rules
governing incumbent members of the Commission
aze governed by Resolution No. 7571 of the Cuper-
tino City Council. (Ord. 1787 § 1 (part), 1998)
2.32.030 Vacancy or removal.
Any appointed member may be removed by a
majority vote of the City Council. If a vacancy
occurs other than by expiration of a term, it shall be
filled by the Mayor's appointment for the unexpired
portion of the term. (Ord. 1787 § 1 (part), 1998)
2.32.040 Chairperson.
The commission shall elect its Chairperson and
Vice-Chairperson from among its members. The
terms of the Chairperson and Vice-Chairperson shall
be for one yeaz and shall begin on January 15th one
year and be complete on January 15th the following
year, unless the term of the officer as a member of
the Commission sooner expires, and until the suc-
cessor to each is duly appointed. (Ord. 1787 § 1
(part), 1998)
2.32.050 Meetings.
A. The City Planning Commission shall meet at
6:45 p.m., the second and fourth Monday of each
month. Meetings shall be held at City Hall, 10300
Torre Avenue, Cupertino, California. The Commis-
sion may adjourn any regulaz meeting to a date
certain, which shall be specified in the order of
adjournment. When so adjourned, such adjourned
meeting shall be a regular meeting for all purposes.
B. Special meetings of the Commission may be
called at any time by the Chairperson or by any
three or more members of the Commission upon
written notice being given to all members of the
Commission and received by them at least twenty-
four hours prior to the meeting, unless notice re-
quirement is waived in writing by the member.
(Ord. 1787 § 1 (part), 1998)
2.32.060 Amendments-Records required.
A. The affirmative vote of not less than a major-
ity of its total voting members is required to ap-
prove arecommendation to amend the zoning ordi-
(c~p~~;no ~-oo> 32
2.32.060
Hance; the affnmative vote of a majority present
with a quorum present is required to take any other
action.
B. The Commission shall keep an accurate re-
cord of its proceedings and transactions, and shall
render such reports to the Council as may be re-
quired by ordinance or resolution, and shall submit
an annual report to the Mayor. To accomplish this
the Commission shall be furnished with a secretary
employed by the City to keep accurate records of
the Commission. All records so prepared by the
secretary shall be filed with the City Clerk. (Ord.
1787 § 1 (part), 1998)
2.32.070 Powers and functions.
The powers and functions of the City Planning
Commission shall be as follows:
A. Prepare, periodically review, and revise as
necessary, the General Plan;
B. Implement the General Plan through actions
including, but not limited to, the administration of
specific plans and zoning, subdivisions, and sign
ordinances;
C. Annually review the capital improvement
program of the City and the local public works
projects of other local agencies for their consistency
with the General Plan (pursuant to Article 7 of the
Califonnia Government Code);
D. Endeavor to promote public interest in, com-
ment upon, and understanding of the General Plan,
and regulation relating to it;
E. Consult and advise with public officials and
agencies, public utility companies, civic, education-
al, professional, and other organizations and citizens
generally concerning implementation of the General
Plan;
F. Promote the coordination of local plans and
programs with the plans and programs of other
agencies;
G. Perform other functions as the City Council
provides including conducting studies and preparing
plans other than those required or authorized by
state law;
H. Establish as needed a standing subcommittee
of the Commission for Design Review. The Plan-
ning Commission shall decide appeals of the Design
Review Committee for the purposes of conducting
design review on projects that properly come before
the Design Review Committee for review, and con-
ductdesign review of a project as required by Chap-
ters 2.90, 19.132, 19.134 and of the Cupertino Mu-
nicipal Code. (Ord. 1844 § 1 (part), 2000; Ord.
1787 § 1 (part), 1998)
2.32.080 Procedural rules.
The Planning Commission may adopt from time
to time such rules of procedure as it may deem
necessary to properly exercise its powers and duties.
Such rules shall be subject to approval by the Coun-
cil before becoming effective. All such rules shall
be kept on file with the Chairperson of the Planning
Commission and the Mayor and a copy thereof shall
be furnished to any person upon request. (Ord. 1844
§ 1 (part), 2000; Ord. 1787 § 1 (part), 1998)
33 ccti~oo 6-00>
2.36.010
Chapter 2.36
PARK AND RECREATION COMMISSION*
Sections:
2.36.010 Established.
2.36.020 Term of office.
2.36.030 Members-Vacancy or
removal.
2.36.040 Chairperson.
2.36.050 Meetings.
2.36.060 Majority vote required.
2.36.070 Records required.
2.36.080 Powers and functions.
2.36.090 Procedural rules.
2.36.110 Effect.
* For statutory provisions regarding pazks and playgrounds, see Gov.
Code § 38000 et seq.; for provisions regarding municipal control
of certain parks, see Public Resources Code § 5181 et seq.
2.36.010 Established.
The Parks and Recreation Commission of the
City is established. The Pazks and Recreation Com-
mission shall consist of five members who aze resi-
dents of the City, none of whom shall be officials
or employees of the City, nor cohabit with as de-
fined by law, nor be related by blood or mamage
to any member of the Commission, the City Manag-
er or the staff person(s) assigned to this Commis-
sion. The five members shall be appointed by the
City Council. (Ord. 1639 (part), 1993: Ord. 1460
(part), 1988: Ord. 1083 (part), 1980: Ord. 739 (part),
1976: Ord. 303 § 2.1, 1965)
2.36.020 Term of office.
A. Commissioners serve at the pleasure of the
City Council. The term of office of the members of
the Pazks and Recreation Commission shall be for
four yeazs and shall end on January 15th of the year
their term is due to expire. No Commissioner shall
serve more than two consecutive terms except that
a Commissioner may serve more than two consecu-
tive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than
two yeazs.
B. The appointment, reappointment and rules
governing incumbent members of the Commission
aze governed by Resolution No. 8828 of the Cuper-
tino City Council. (Ord. 1639 (part), 1993; Ord.
1460 (part), 1988: Ord. 1321 § 1 (part), 1985; Ord.
1166 (part), 1982; Ord. 739 (part), 1976: Ord. 303
§ 3.1, 1965)
2.36.030 Members-Vacancy or removal.
Any appointee member may be removed by a
majority vote of the City Council. If a vacancy
occurs other than by expiration of a teen, it shall be
filled by the Mayor's appointment for the unexpired
portion of the term. (Ord. 303 § 4.1, 1965)
2.36.040 Chairperson.
The Commission shall elect its Chairperson and
Vice-Chairperson from among its members. The
terms of the Chairperson and Vice-Chairperson shall
be for one yeaz and shall begin on February 1st one
year and be complete on February 1st the following
yeaz, unless the term of the officer as a member of
the Commission expires sooner and until the succes-
sor to each is duly appointed. (Ord. 1697 (part),
1995: Ord. 1321 § 2 (part), 1985; Ord. 1167 (part),
1982; Ord. 303 § 5.1, 1965)
2.36.050 Meetings.
The City Pazk and Recreation Commission shall
establish a regulaz place of meeting and rules of
conduct thereof, and shall hold at least one regulaz
meeting each month. Special meetings of the Com-
mission may be called at any time by the Chairman
or by any three or more members of the Commis-
sion upon personal notice being given to all mem-
bers of the Commission. If personal notice cannot
be given, written notice must be mailed to such
members at least twenty-four hours prior to the
meeting, unless the notice requirement is waived in
writing to the member. (Ord. 1639 (part), 1993:
Ord. 739 (part), 1976: Ord. 303 § 6.1, 1965)
2.36.060 Majority vote required.
A majority vote is required to approve a recom-
c~p~reno 6-00> 34
2.90.010
Chapter 2.90
DESIGN REVIEW COMMITTEE
Sections:
2.90.010 Established.
2.90.020 Purpose.
2.90.030 Terms of office.
2.90.040 Vacancy or removal.
2.90.050 Chairperson.
2.90.060 Meeting-Quorum.
2.90.070 Licensed architect.
2.90.080 Records-Agendas.
2.90.090 Powers and functions.
2.90.100 Procedural rules.
2.90.110 Effect.
2.90.010 Established.
The Design Review Committee (DRC) is estab-
lished. The DRC shall consist of the Planning Com-
mission Vice Chair and one additional Planning
Commission representative, to be appointed by the
Planning Commission. One additional member of
the Planning Commission shall be designated to
serve as an altemate in the absence of a Planning
Commission member. This alternate member shall
be selected by the Planning Commission. (Ord. 1844
§ 1 (part), 2000: Ord. 1817 § 1 (part), 1999)
D. Providing adequate parking and circulation
for vehicles and pedestrians;
E. The overall quality and compatibility of the
building materials and acchitectur with the sur-
roundings. (Ord. 1844 § 1 (part), 2000)
2.90.030 Terms of office.
Committee members serve at the pleasure of the
City Council. The term of the Planning Commis-
sioners is one yeaz and shall end on January 15th of
each yeaz. (Ord. 1844 § 1 (part), 2000: Ord. 1817
§ 1 (part), 1999)
2.90.040 Vacancy or removal.
Any Design Review Committee member may be
removed from the committee by a majority vote of
the City Council. If a vacancy occurs including an
expiration of a term, it shall be appointed by the
Planning Commission. (Ord. 1844 § 1 (part), 2000:
Ord. 1817 § 1 (part), 1999)
2.90.050 Chairperson.
The chairperson shall be the Planning Commis-
sion Vice Chair. The term shall be one year and
shall begin on January 15th and be complete on
January 15th of the following yeaz, or until a suc-
cessor is duly appointed. (Ord. 1844 § 1 (part),
2000: Ord. 1817 § 1 (part), 1999)
2.90.020 Purpose.
The Design Review Committee shall endeavor to
reduce the Commission's workload by simplifying
its design review responsibilities and incorporating
professional acchitectural advice where it adds value
to the design review process. The Design Review
Committee shall include all aspects of site and az-
chitectural design, including:
A. The relationship of the building to its sur-
rounding land uses and the street;
B. Compliance with adopted height limits, set-
backs, architectural and landscape design guidelines;
C. Protection of surrounding land uses and the
subject uses from intrusive impacts, such as, noise,
glare, dust, chemicals, smells and visual disturbanc-
es;
2.90.060 Meeting-Quorum.
A. The DRC shall meet at dates and times pre-
scribed by the committee. Meetings shall be held at
City Hall, 10300 Tonre Avenue, Cupertino, Califor-
nia. The committee may adjourn any regulaz meet-
ing to a date certain, which shall be specified in the
order of adjournment. When so adjourned, such
meeting shall be a regular meeting for all purpose.
B. Special meetings of the committee may be
called at any time by the chairperson or by any
member of the committee upon written notice being
given to all members at least twenty-four hours prior
to the meeting, unless notice is waived in writing by
each member.
70-11 cc~,~m~ 6-00
2.90.060
C. Two Design Review Committee members or
one member and the designated alternate shall be
present to constitute a quorum for the purpose of
transacting the business of the committee. A majori-
ty vote of the quorum is required to approve any
decision of the committee. A tie vote constitutes a
denial of any application or request. (Ord. 1844 §
1 (part), 2000: Ord. 1817 § 1 (part), 1999)
2.90.070 Licensed architect.
A licensed architect shall make recommendations
to the committee. The azchitect shall be selected by
the City Council and shall be compensated based
upon a contract with the City for a period not ex-
ceeding two years. (Ord. 1844 § 1 (part), 2000: Ord.
1817 § 1 (part), 1999)
2.90.080 Records-Agendas.
A. The committee shall keep an accurate record
of its proceedings and transactions and shall render
such reports to the City Council and Planning Com-
mission directly after each meeting. The appeal of
said decision is governed by Chapter 19.136 of the
zoning code. The committee shall also comply with
all requirements of the State of California Open
Meeting Law (the Brown Act), including the prepa-
ration and posting of meeting agendas.
B. The committee shall be furnished with a
secretary employed by the City to keep accurate
records of the committee. All records so prepazed
by the secretary shall be filed with the City Clerk.
(Ord. 1844 § 1 (part), 2000: Ord. 1817 § 1 (part),
1999)
2.90.090 Powers and functions.
The powers and functions of the DRC aze as
follows:
A. Under the provisions of Chapter 19.28 of the
City's ordinance code, approve, modify, or deny
applications or requests for two-story residential
development located in asingle-family residential
zoning district, or an individual single-family home
in a planned development residential zoning district,
unless deemed minor in accordance with Chapter
19.132;
B. Under the provisions of Chapter 19.28 of the
City's ordinance code, approve, modify, or deny
applications or requests for exceptions from R-1
standazds;
C. Under the provisions of Chapter 16.28 of the
City's ordinance code, approve, modify, or deny
applications or requests for fence exceptions;
D. Under the provisions of Chapter 17.44 of the
City's ordinance code, approve, modify, or deny
applications or requests for sign exceptions;
E. Under the provisions of Chapter 19.32, 19.36,
19.56 and 19.134 of the City's ordinance code for
minor building modifications, landscaping, signs and
lighting for new development, redevelopment or
modification in such zones where such review is
required;
F. Under the provisions of Chapter 19.80 of the
City's ordinance code, approve, modify, or deny
applications for deck exceptions;
G. Under the provisions of Chapters 19.32 and
19.36 of the City's ordinance code, modify or deny
minor modifications of duplex and multifamily
buildings;
H. Perform other functions as the City Council
requires. (Ord. 1844 § 1 (part), 2000: Ord. 1817 §
1 (part), 1999)
2.90.100 Procedural rules.
The DRC may adopt from time to time such rules
or procedures as it may deem necessary to properly
exercise its powers and functions. Such rules shall
be subject to approval by the City Council before
becoming effective. All such rules shall be kept on
file with the chairperson of DRC and the City Clerk
and a copy of the rules shall be furnished to any
person upon request. (Ord. 1844 § 1 (part), 2000:
Ord. 1817 § 1 (part), 1999)
2.90.110 Effect.
Nothing in this chapter shall be construed as
restricting or curtailing any powers of the City
Council, Planning Commission or City officers.
(Ord. 1844 § 1 (part), 2000: Ord. 1817 § 1 (part),
1999)
(~+p~ti~ 6-ao> 70-12
11.08.210
If the passenger is a minor weighing forty pounds
or less, the seat shall have adequate provision for
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 park where parking 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 reasonable or prudent having due regazd 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 Boulevazd Freeway 280 to Stevens Creek Both
Boulevazd
Bubb Road Stevens Creek Boulevard to Rainbow Both
Drive
Mary Avenue Meteor to Stevens Creek Boulevazd Both
Stelling Road Homestead Road to Rainbow Drive Both
Kim Street Kirwin Lane to Bollinger Road Both
Blaney Avenue Homestead to Stevens Creek Both
Boulevazd
Tantau Ave Homestead Road to Stevens Creek Both
Boulevard
Homestead Road Grant Road to Swallow Drive Both
Pruneridge Avenue Wolfe Road to Tantau Avenue Both
Mariam Avenue De Anna Boulevard to Merritt Drive Both
Vallco Parkway Wolfe Road to Tantau Avenue Both
Stevens Creek Phaz Lap to Stelling Road Both
Boulevard
McClellan Road Byrne Avenue to Stelling Road Both
Bollinger Road Miller Avenue to Nazciso Court Both
Rainbow Drive Stelling Road to DeAnza Boulevard Both
(Saratoga-Sunnyvale Road)
Stevens Creek Stelling Road to South
Boulevard DeAnza Boulevazd
Stevens Creek Stelling Road to North
Boulevard DeAnza Boulevazd
Stevens Creek Phaz Lap Drive to Both
Boulevazd Stem Avenue
Stevens Creek Foothill Boulevard to Both
Boulevazd Stern Avenue
(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 (part), 1987)
11.08.260 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
295 (Cupertino 6-00)
11.08.260
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
City Manager determines will provide sufficient
notice of the existence of such bicycle route.
DESIGNATION OF BICYCLE ROUTE
Street Description Side
Foothill Boulevard Steveas Creek to McClellan Road Both
Stevens Canyon Road McClellan to South City Limits Both
Bandley Drive Valley Green Drive to Steveas 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 Aveaue 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 Mariam Avenue to Portal Avenue Both
La7ar-eo Drive Bandley Drive to Forest Avenue Both
Forest Avenue to Blaney Avenue Both
Peppertrez Lane Stelling Road to Bonny Drive Both
Bonny Drive to Shelly Drive Both
Shelly Drive to Teny Way Both
Terry Way to Rodrigues Avenue Both
Rodrigues Avenue to Blaney Avenue Both
Price Avenue Blaney Avenue to Portal Aveaue Both
McClellan Road Foothill Boulevard to Byme Avenue Both
Erin Way Stelling Road to Kirwin Lane Both
Kinvin 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 skateboazd,
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
skateboarding or roller skating area:
Civil Center Plaza (city halUlibrary). (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)
cCl~pen;no v-oo> 296
11.32.080
11.32.080 Exceptions-Types of vehicles.
The provisions of this chapter shall not apply to
any of the following:
A. Passenger buses under the jurisdiction of the
Public Utilities Commission of California, and
school buses;
B. Any authorized emergency vehicle as defined
in Section 165 of the Vehicle Code of California, or
as hereafter amended;
C. Any vehicle owned, leased, operated or con-
trolled by:
1. The City of Cupertino,
2. A public utility or licensed contractor while
necessarily in use in the construction, installation,
or in repair of any public utility, within the City,
3. The holder of a franchise issued by the City
for the removal of garbage, waste or refuse, and
4. Any licensed contractor while necessarily in
the construction, maintenance, or repair of a public
works project on which bids were opened by the
City prior to the adoption of the ordinance codified
in this chapter unless an alternate direct route is
provided substantially within the City. (Ord. 833 §
9, 1977)
11.32.090 Violation-Penalty.
Any person, firm, or corporation violating any of
the provisions of this chapter shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall
be punished as provided in Chapter 1.12 of this
code. (Ord. 1731 (part), 1996: Ord. 1196 § 1, 1982:
Ord. 1179 § 2 (part), 1982: Ord. 833 § 11, 1977)
339
cc~,~;~0 6-00>
11.34.010
Chapter 11.34
ROADWAY DESIGN FEATURES
Sections:
11.34.010 Road bump-Definition.
11.34.020 Administrative authority.
11.34.030 Warrants for the installation
and maintenance of road
bumps.
11.34.010 Road bump-Definition.
A bump is a vertical rise in the surface of the
pavement of three to three and one-quarter inches
at its midpoint. The profile is generally parabolic
and twelve feet in length. There is no vertical dis-
placement start to finish of the road bump. The
shape is consistent for the full width of the pave-
ment except for the last one foot at each end. The
ends will be tapered so that they are flush with the
roadway at the edge of pavement or at the tip of a
gutter. (Ord. 1837, 1999: Ord. 1430 (part), 1987)
11.34.020 Administrative authority.
There are confenred upon the City Manager those
powers and duties necessary for the administration
of this chapter. In addition, there is also conferred
upon the City Manager the authority and power to
designate such officers and employees of the City,
and of other cooperating public agencies, such as
the Sheriffs Department and Fire Department, as
may be required to assist him in carrying out the
intent and purpose of this chapter. (Ord. 1838,1999:
Ord. 1430 (part), 1987)
11.34.030 Warrants for the installation and
maintenance of road bumps.
Road bumps may be installed and maintained on
streets where all of the following criteria have been
and continue to be satisfied.
A. The (local or collector) street is a neighbor-
hood residential street as defined by the California
Vehicle Code or by City Council actions.
B. The street is no wider than forty feet from
curb to curb or from edge of pavement to edge of
pavement.
C. The street contains no more than one lane in
each direction.
D. A speed limit of twenty-five miles per hour
has been established in conformance with State law.
E. The street is not a truck route or a transit bus
route.
F. The street has an average annual daily traffic
volume of less than four thousand vehicles.
G. The street has a maximum grade of five
percent or less for any segment between intersec-
tions.
H. The minimum distance from an intersection
or curve to the road bump shall be one hundred fifty
feet.
I. The spacing between road bumps shall be a
minimum of four hundred feet and a maximum of
five hundred fifty feet.
J. The road bump is visible for a distance of
one hundred fifty feet.
K. The result of a traffic and engineering survey
must indicate a minimum eighty-five percent ap-
proach speed of thirty-two miles per hour. (Ord.
1847, 2000; Ord. 1839, 1999; Ord. 1430 (part),
1987)
(Cupertino 6-00) 340
16.24.070
16.24.070 Table No. 1-A-Mechanical
permits fees amended.
Fees shall be paid the City as set forth in the
latest resolution adopted by the city. (Ord. 1709
Exh. A (part), 1995)
16.24.080 Violation-Penalty.
Any person who violates any of the provisions of
this chapter shall be guilty of a misdemeanor and
upon conviction thereof shall be punished as provid-
ed in Chapter 1.12 of this code. (Ord. 1777 (part),
1998: Ord. 1709 Exh. A (part), 1995)
445
~cw~w~o ~-oo>
16.28.010
Chapter 16.28
FENCES*
Sections:
16.28.010 Purpose.
16.28.020 Definitions.
16.28.030 Fence location and height for
zones requiring site review.
16.28.040 Fence location and height for
zones not requiring site review.
16.28.045 Vehicular electronic security
gates.
16.28.050 Proximity of plants and fences
to public streets.
16.28.060 Exceptions.
16.28.065 Temporary fences for
construction.
16.28.070 Violation-Penalty.
* For statutory provisions making fences taller than ten feet a nui-
sance, see Civil Code §841.4.
Prior ordinance history: Ords. 112, 686, 852,1179,1630, 1637 and
1777.
16.28.010 Purpose.
The purpose of this chapter is to regulate the
location and height of fences and vegetation in yazds
of all zoning districts in order to protect the safety,
privacy, and property values of residents and resi-
dendproperty owners of the City. (Ord. 1788 § 1
(part), 1998)
16.28.020 Definitions.
The words and terms used in this chapter shall
have the following meanings unless the context
cleazly indicates otherwise:
A. "Fence" means aman-made structure which
is designed, intended or used to protect, defend or
obscure the interior property of the owner thereof
from the view, trespass or passage of others upon
that property.
B. "Fence height" means the vertical distance
from the highest point of the fence (excluding post
caps) to the finish grade adjoining the fence. In a
case where the finish grade is different for each side
of the fence, the grade with the highest elevation
shall be utilized in determining the fence height.
C. "Plant" means a vegetative matter.
D. "Setback azea, required front" means the area
extending across the front of the lot between the
front lot line and a line pazallel thereto. Front yards
shall be measured either by a line at right angles to
the front lot line, or by the radial line in the case of
a curved front lot line. The front of the lot is the
narrowest lot line from a public street.
E. "Setback azea, required reaz" 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 building.
F. "Setback area, required side" means the area
between the side lot line and the neazest line of the
building, and extending from the front setback line
to the reaz setback line. (Ord. 1788 § 1 (part), 1998)
16.28.030 Fence location and height for
zones requiring site review.
A. The Design Review Committee, Planning
Commission and City Council shall have the author-
ity to require, approve, or disapprove wall and fenc-
ing plans including location, height and materials in
all zones requiring design review.
B. The basic design review guidelines for the
review of fences and walls are as follows:
1. Fences and walls sepazating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to acoustically isolate part
of or all noise emitted by future uses within the
commercial, industrial, offices, or institutional zones.
The degree of acoustical isolation shall be deter-
mined during the design review process.
2. Fences and walls sepazating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to ensure visual privacy for
adjoining residential dwelling units. The degree of
visual privacy shall be determined during the review
process.
3. Fences and walls shall be designed in a man-
ner to provide for sight visibility at private and
(Cupertino 6-ao> 446
16.28.030
public street intersections. (Ord. 1844 § 1 (part),
2000; Ord. 1788 § 1 (part), 1998)
16.28.040 Fence location and height for
zones not requiring site review.
A. In the case of an interior residential lot, a
maximum six-foot-high fence shall be permitted in
the reaz yard setback azea and in the side yazd set-
back azeas. A maximum three-foot-high fence, mea-
sured from finish grade, shall be permitted in the
front yard setback area.
B. In the case of a corner residential lot, a maxi-
mum six-foot-high fence shall be pernritted in the
required rear yard setback area and on the side yazd
lines, excepting that fence heights within the side
yazd setback area adjacent to a public street shall be
regulated as described below. No portion of a fence
shall extend into the front yazd setback azea or
forty-foot corner triangle.
1. Situation in which the reaz property line ad-
joins a reaz property line: The minimum side fence
setback line for asix-foot-high fence shall be five
feet from the property line.
2. Situation in which the reaz property line ad-
joins the side property line of a key lot: The mini-
mum side fence setback line shall be five feet from
the property line, except that the setback line within
ten feet of an adjacent side property line shall be
maintained at twelve feet.
3. A fence not exceeding three feet in height
measured from fmish grade can be constructed on
any location within a required yard except the forty-
foot corner triangle.
C. Where asix-foot fence is allowed, aneight-
foot-high fence can be constructed in lieu thereof
subject to building permit approval and upon receipt
of written approval from property owners.
D. In the case of pazcels zoned residential hill-
side (RHS) or open space (OS), the fences shall be
governed by Section 19.40.080.
16.28.045 Vehicular electronic security
gates.
Vehiculaz electronic security gates may be ap-
proved through a fence exception if the development
meets any one of the following conditions: is a
mixed-use development, where the parking for
different uses needs to be sepazated to assure avail-
ability of parking for each use; if a development
includes abelow-grade pazking structure, where the
gates are required to secure the below grade pazk-
ing; if gates aze required for a development to ob-
tain federal or state funding; if the development is
secluded; if the electronic gates aze needed for dem-
onstrated security reasons; or if the electronic gates
were in existence prior to September 20, 1999. (Ord.
1833, 1999: Ord. 1802 (part), 1999)
16.28.050 Proximity of plants and fences to
public streets.
The proximity of plants and fences to public
streets shall be controlled by the provisions of Chap-
ter 14.08 of the Municipal Code. (Ord. 1788 § 1
(part), 1998)
16.28.060 Exceptions.
Where practical difficulties, unnecessary hazd-
ships, or results inconsistent with the purpose and
intent of this chapter result from the strict applica-
tion of the provisions hereof, exceptions may be
granted as provided in this section.
A. Application and Fee. Application shall be
made in writing to the Design Review Committee
on a form prescribed by the Director of Community
Development. The application shall be accompanied
by a fee as prescribed by City Council resolution.
B. Public Hearings. Upon receipt of an applica-
tion for exception, the Director of Community De-
velopment shall set a time and place for a public
hearing before the Design Review Committee and
order the public notice thereof. Mailed written no-
tice of the hearing on the fence exception shall be
given by the Director of Community Development
to all owners or record of real property (as shown
in the last assessment roll) which abut the subject
property, as well as property and its abutting proper-
ties to the left and right, directly opposite the sub-
ject property and located across a street, way, high-
way or alley. Mailed notice shall include owners of
~E47 cc~aw~o 6-00
16.28.060
property whose only contiguity to the subject site is
a single point. Said notice shall be mailed by first
class mail at least ten days prior to the Design
Review Committee meeting in which the application
will be considered. The notice shall state the date,
time and place of the hearing. A description of the
fence exception 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, particulazly negative
effects on nearby residential azeas, the Director, in
his discretion, may expand noticing beyond the
stated requirements.
Compliance with the notice provisions set forth
in this section shall constitute agood-faith effort to
provide notice, and failure to provide notice, and the
failure of any person to receive notice, shall not
prevent the City from proceeding to consider or to
take action with respect to an application under this
chapter.
The Design Review Committee shall hold a pub-
lic hearing at which time the committee may grant
the exception based upon the following findings:
1. The literal enforcement of the provisions of
this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter.
2. The granting of the exception will not result
in a condition which is materially detrimental to the
public health, safety or welfaze.
3. The exception to be granted is one that will
require the least modification of the prescribed
regulation and the minimum variance that will ac-
complish the purpose.
4. The proposed exception will not result in a
hazardous condition for pedestrian and vehiculaz
traffic.
5. The proposed development is otherwise con-
sistent with the City's General Plan and with the
purpose of this chapter as described in Section
16.28.010.
6. The proposed development meets the require-
ments of the Santa Clara Fire Department and
Sheriff s Department, and if security gates are pro-
posed, that attempts aze made to standazdize access.
After closing the public hearing, the Planning
Commission may approve, conditionally approve or
deny the application for exception.
C. Appeals. Any application for exception which
received final approval or disapproval by the Design
Review Committee may be appealed to the Planning
Commission as provided by Section 19.136.060 of
this code. (Ord. 1844 § 1 (part), 2000; Ord. 1822
(part), 1999; Ord. 1802 (part), 1999: Ord. 1788 § 1
(part), 1998)
16.28.065 Temporary fences for
construction.
The Chief Building Official may require persons
constructing structures in the City to erect and main-
tain temporary fences around all or a portion of the
construction site in order to secure the site from
entry by the general public. (Ord. 1777 (part), 1998)
16.28.070 Violation-Penalty.
Any person who violates the provisions of this
chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12. (Ord. 1788 § 1 (part), 1998)
(~patim 6-00> 448
17.32.090
3 tenants to 6 tenants -1 tenant display or 1 center
display
7 tenants to 13 tenants -1 tenant display + 1 center
display
14 tenants to 20 tenants -2 tenant displays + 1 center
display
21 tenants to 27 tenants -3 tenant displays + 2 center
displays
28 tenants or more -11 tenant displays + 4 center
displays
D. Shopping centers with approved electronic
readerboazd signs shall only be allowed building
mounted banners. Freestanding temporary or special
event signs for individual tenants aze not allowed.
Special event signs for center-wide special events
aze allowed in accordance with the following sched-
ule:
20 to 27 tenants -2 center displays
28 tenants or more ~l center displays
E. Notwithstanding any provision to the contrary
contained in this chapter, but subject to any maxi-
mum duration regulations contained in this chapter,
all special event temporary signs must be completely
removed not later than five days after the conclusion
of the special event to which they pertain. The City,
pursuant to Chapter 17.52 of this Municipal Code
may cause such signs remaining after expiration of
the appropriate five-day period to be removed. (Ord.
1796 (part), 1998; Ord. 1755 (part), 1997; Ord.
1624 (part), 1993)
17.32.100 Window signs.
A. Window signs shall be permitted in all com-
mercial zones.
B. The total azea of any window obscured by
any combination of permanent and temporary win-
dow signs shall not exceed twenty-five percent of
the window surface.
C. Signs within a window shall be considered
temporary if they remain on the window for less
than thirty days, and shall not be subject to review.
Window signs intended to remain on display for
more than thirty days shall be considered permanent
window signs as regulated by Section 17.24.090.
(Ord. 1796 (part), 1998; Ord. 1624 (part), 1993)
:i01 c~peitino ~-oo~
17.44.010
Chapter 17.44
SIGN EXCEPTIONS*
Sections:
17.44.010 Authority.
17.44.020 Application and fee.
17.44.030 Design Review Committee
review required.
17.44.040 Findings for an exception.
17.44.050 Action by Design Review
Committee.
17.44.060 Conditions for revocation of
exception-Notice required.
17.44.070 Exception deemed null and
void when-Notification
required.
17.44.080 Appeals.
17.44.090 Reports to Planning
Commission.
* Prior ordinance history: Ords. 1624 and 1655.
17.44.010 Authority.
The Design Review Committee may grant a sign
exception in accordance with the provisions of this
chapter. (Ord. 1844 § 1 (part), 2000: Ord. 1789 §
1 (part), 1998)
17.44.020 Appliation and fee.
An application shall be made in writing to the
Design Review Committee on a form prescribed by
the Director. The application shall be accompanied
by a nonrefundable fee, a letter explaining the justi-
fication for the exception, and appropriate exhibits
as deemed necessary by the Community Develop-
ment Director. (Ord. 1789 § 1 (part), 1998)
17.44.030 Design Review Committee review
required.
A. An exception shall be scheduled for review
by the Design Review Committee, not later than
thirty days after filing of application.
B. Mailed written notice of the hearing on the
sign exception shall be given by the Director of
Community Development to all owners of record of
real property (as shown in the last assessment roll)
which abut the subject property, as well as property
and its abutting properties to the left and right,
directly opposite the subject property and located
across a street, way, highway or alley. Mailed notice
shall include owners of property whose only conti-
guity to the subject site is a single point. Said notice
shall be mailed by first class mail at least ten days
prior to the Design Review Committee meeting in
which the application will be considered. The notice
shall state the date, time and place of the hearing.
A description of the sign exception shall be included
in the notice. If the Director of Community Devel-
opment believes the project may have negative
effects beyond the range of the mailed notice, par-
ticularly negative effects on nearby residential areas,
the Director, in his discretion, may expand noticing
beyond the stated requirements.
C. Compliance with the notice provisions set
forth in this section shall constitute agood-faith
effort to provide notice, and failure to provide no-
tice, and the failure of any person to receive notice,
shall not prevent the City from proceeding to con-
sider or to take action with respect to an application
under this chapter. (Ord. 1844 § 1 (part), 2000; Ord.
1789 § 1 (part), 1998)
17.44.040 Findings for an exception.
The Design Review Committee may grant an
exception based upon all the following findings:
A. That the literal enforcement of the provisions
of this title will result in restrictions inconsistent
with the spirit and intent of this title;
B. That the granting of the exception will not
result in a condition which is materially detrimental
to the public health, safety, or welfare; and
C. That the exception to be granted is one that
will require the least modification of the prescribed
regulations and the minimum variance that will
accomplish the purpose. (Ord. 1844 § 1(part), 2000:
Ord. 1789 § 1 (part), 1998)
caipenino 6-ao~ 502
17.44.050
17.44.050 Action by Design Review
Committee.
The decision made by the Design Review Com-
mittee is final unless appealed in accordance with
Section 17.44.080. (Ord. 1844 § 1 (part), 2000: Ord.
1789 § 1 (part), 1998)
17.44.060 Conditions for revocation of
exception-Notice required.
In any case where the conditions or limitations to
an exception granted have not been complied with,
the Planning Commission may revoke the exception
after notice and hearing in the same manner as
defined in Section 17.44.030. (Ord. 1789 § 1 (part),
1998)
17.44.070 Exception deemed null and void
when-Notification required.
In any case where an exception has not been used
within one year from the date of issuance, or if
abandoned for a period of thirty days, the exception
will automatically become null and void upon writ-
ten notice from the Director to the property owner
and/or tenant. (Ord. 1789 § 1 (part), 1998)
17.44.080 Appeals.
A. Any person aggrieved by a decision of the
Design Review Committee in the approval, condi-
tional approval, denial or revocation of an exception
for a sign may appeal such a decision in writing to
the City Council.
B. The appeals shall be made within fourteen
calendar days of the Planning Commission meeting
by means of a letter in writing to the City Council
stating the grievances.
C. The appeal shall be accompanied by the same
fee as required for appeals under Section 19.136.020
of the Cupertino Municipal Code.
D. Such appeals shall be heard by the Planning
Commission and scheduled on their agenda at the
time that other regular items appear. (Ord. 1844 §
1 (part), 2000: Ord. 1789 § 1 (part), 1998)
17.44.090 Reports to Planning Commission.
The Director, or designated representative, shall
make written reports on all exceptions granted,
denied, or revoked under this chapter. The reports
shall be delivered to the Planning Commission with-
in five calendar days from the date of the decision.
(Ord. 1844 § 1 (part), 2000: Ord. 1789 § 1 (part),
1998)
:i03 c~~oo ~ao>
17.52.010
Chapter 17.52
COMPLIANCE AND ENFORCEMENT
Sections:
17.52.010 Interpretation and enforcement
of provisions.
17.52.020 Nonconforming signs.
17.52.030 Abandoned or discontinued
signs.
17.52.040 Illegal signs-Notice required-
Summary removal authorized
when.
17.52.050 Storage of removed signs.
17.52.060 Owner responsible for removal,
alteration or relocation costs.
17.52.070 Illegal signs-Deemed public
nuisance-Court action
authorized.
17.52.080 Violation deemed infraction-
Penalty.
17.52.090 Appeals from decisions of the
Director.
17.52.010 Interpretation and enforcement of
provisions.
The Director is empowered to interpret and en-
force the provisions and requirements of this title
and to remove or cause to be removed any sign or
other advertising structure which has been construct-
ed, erected, altered, relocated or maintained in viola-
tion of this title. Such powers include but aze not
restricted to provisions and procedures set forth in
the following sections of this chapter. Decisions by
the Director in relation to this title may be appealed
by the Planning Commission set forth in Section
17.52.090. (Ord. 1624 (part), 1993)
17.52.020 Nonconforming signs.
A. A nonconforming sign, unless made to con-
form to the provisions of this title, may not be struc-
turally altered, expanded, moved, modified in any
way, be reestablished after:
1. Discontinuance for ninety days or more; or
2. Damage or destruction of more than fifty
percent.
B. Any nonconforming sign which was legally
erected in accordance with the provisions of the
ordinance in effect at the time of erection, or which
has a valid permit from the City, shall be permitted
to remain until such time as:
1. There is a change in the use of the property
that the sign is located on;
2. There aze alterations or enlazgements to the
site or building on the property in excess of twenty-
five percent or more of the existing site or building.
The amount of alterations shall be cumulative over
time; or
3. There is a change of face constituting fifty
percent or more of the existing total sign face azea
at any one time; expansion, movement or modifica-
tion of the sign. A change of face of a single tenant
name panel constituting less than fifty percent of the
total existing sign face azea in a multitenant sign
shall not constitute grounds for modification of a
nonconforming sign.
C. At such time as any of the events mentioned
in subsections A and B occur, the sign must be
brought into conformance with this title. Any busi-
ness with a nonconforming sign shall not be entitled
to an additional sign unless the nonconforming sign
is made to comply with the provisions of this title.
(Ord. 1624 (part), 1993)
17.52.030 Abandoned or discontinued signs.
Any sign which pertains to a business or occupa-
tion which is no longer using the particulaz sign or
property, or which relates to a time which no longer
applies, constitutes false advertising. The structure
and copy shall be blanked out or removed within
thirty days after the associated business, occupation
or event has vacated the premises. An abandoned
sign is prohibited and the removal shall be the re-
sponsibility of the owner of the sign or the owner
of the premises. (Ord. 1624 (part), 1993)
17.52.040 Illegal signs Notice required-
Summary removal authorized
when.
A. If the Director finds that any permanent sign
or other advertising structure has been constructed,
~c~~;~ 6-00 504
19.28.060
with the intent of Appendix A. In addition, one tree
shall be planted in the front yazd setback. The plant-
ing is required on the applicant's property, unless
the options listed in subsection Fld of this section
is 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
yazds.
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
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 azchitect 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. 1834 (part), 1999:
Ord. 1808 (part), 1999; Ord. 1799 § 1, 1998; Ord.
1784 (part), 1998; Ord. 1637 (part), 1993; Ord.
1635 (part), 1993; Ord. 1630 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.28.070 Permitted yard encroachments.
A. In R-1 zones, where a building legally con-
structed according to existing yazd and setback
regulations at the time of construction encroaches
upon present required yazds, 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
588-12.3 ccu~rono ~-oo~
19.28.070
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 yard a distance
not exceeding three feet, provided that no azchitec-
tural feature or combination thereof, whether a
portion of a principal or auxiliary structure, may
extend closer than three feet to any property line.
(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 (Pri-
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.
2. The proposed development will not be injuri-
ous to property or improvements in the azea 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. The
Design Review Committee may approve, condition-
ally approve or deny an exception from the prescrip-
tive design regulations described in Section
19.28.060 exclusive of Section 19.28.060 E4 (Hill-
side building heights) and Section 19.28.060F (Pri-
vacy protection) upon making all of the following
findings:
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 welfare.
3. The exception to be granted is one that will
require the least modification of the prescribed
design regulation and the minimum variance that
will accomplish the purpose.
4. The proposed exception will not result in
significant visual impact as viewed from abutting
properties.
C. Issued by the Planning Commission (Hillside
Building Heights). Notwithstanding any provision
of Section 19.28.060 E1 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. 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 azea 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 area ratio. In addi-
tion to the public hearing and notice requirements
cc~~~ 6-00> 588-12.4
19.28.090
described in Section 19.28.100, 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 only grant
a special permit upon making all of the following
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. 1844 § 1 (part), 2000;
Ord. 1834 (part), 1999: Ord. 1808 (part), 1999)
19.28.100 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.
C. Decision. After closing the public hearing, the
decision-maker shall approve, conditionally approve,
or deny the application.
D. All decisions regazding 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 be prescribed 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.
588-12.5 (CY~peaino ~)
19.28.100
F. Concurrent Applications. Notwithstanding any
provision of this chapter to the contrary, any appli-
cation for exception or residential design review,
which would be issued by the Director of Commu-
nity Development, the Design Review Committee,
or the Planning Commission may at the discretion
of the Director of Community Development, be
processed concurrently with other land use approv-
als. (Ord. 1844 § 1 (part), 2000; Ord. 1834 (part),
1999: Ord. 1808 (part), 1999)
19.28.110 Solar design.
The setback and height restrictions provided in
this chapter may be varied for a structure utilized
for passive or active solar purposes, in R-1 zones,
provided that no such structure shall infringe upon
solar access or property rights of adjoining property
owners. Any solar structure which requires variation
from the setback or height restriction of this chapter
shall be allowed only upon issuance of a conditional
use permit by the Director of Community Develop-
ment. (Ord. 1834 (part), 1999: Ord. 1808 (part),
1999; Ord. 1601 Exh. A (part), 1992)
19.28.120 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. 1834
(part),1999: Ord. 1808 (part), 1999; Ord. 1601 Exh.
A (part), 1992)
cCtiputinu ~oo~ 588-12.6
19.32.070
creased by three feet for each story above the first
story on any building. The minimum side-yazd
setback on the street side of a corner lot is twelve
feet.
D. The minimum reaz-yazd setback shall be
twenty feet or no less than twenty percent of the lot
depth, whichever is greater, provided that the mini-
mum reaz-yard setback may be reduced to ten feet
on condition that the required reaz-yazd setback azea
is no less than eight hundred fifty squaze feet or
twenty times the lot width. In no event, however,
may atwo-story segment of a duplex building be
closer to a reaz lot line than the distance equal to
twenty percent of the lot depth. (Ord. 1601 Exh. A
(part), 1992)
19.32.080 Permitted yard encroachments.
Encroachments into required yazd setback azeas
in R-2 zones aze permitted as follows:
A. Cornices, canopies, coves, decks (more than
eighteen inches above finished grade), and other
azchitectural features may extend into a required
yazd setback azea no more than two feet six inches.
B. Unenclosed patio covers may extend into the
required reaz-yazd setback area, provided that it shall
not be closer than ten feet from the reaz property
line. (Ord. 1601 Exh. A (part), 1992)
19.32.090 Architectural and site review.
No building, structure or sign shall be erected,
structurally altered, or enlarged, nor shall any land-
scaping or pazking plan be implemented or modified
in an R-2 zone, without design review by the De-
sign Review Committee pursuant to Chapters 2.90
and 19.134 of the municipal code. (Ord. 1844 § 1
(part), 2000; Ord. 1779 § 1(B), 1998)
588-15 (Cupertino 6-00)
19.36.010
Chapter 19.36
MULTIPLE-FAMILY RESIDENTIAL
(R-3) ZONES
Sections:
19.36.010 Purpose.
19.36.020 Applicability of regulations.
19.36.030 Permitted uses.
19.36.040 Conditional uses.
19.36.050 Conceptual plan.
19.36.060 Site development regulations.
19.36.070 Parking.
19.36.080 Architectural and site review.
1936.010 Purpose.
The purpose of this chapter is to provide a zoning
district permitting multiple-family residential uses
and to establish the regulations pertaining thereto.
These regulations aze intended to guide future multi-
ple-family residential development and ensure a
healthy functional environment for future residents
within the proposed development and for and be-
tween adjoining pazcels. (Ord. 1601 Exh. A (part),
1992)
19.36.020 Applicability of regulations.
No building, structure or land shall be used, and
no building or structure shall be hereafter erected,
structurally altered or enlazged in amultiple-family
residential (R-3) zoning district, otherwise than in
conformance with the provisions of this chapter and
other applicable provisions of this title. (Ord. 1601
Exh. A (part), 1992)
1936.030 Permitted uses.
The following shall be permitted in an R-3 zon-
ing district:
A. Multiple-family residential dwellings;
B. Accessory facilities and uses customarily
incidental to permitted uses and otherwise conform-
ing with the provisions of Chapter 19.80 of this
title;
C. Home occupations, when accessory to permit-
ted residential use, as provided in Chapter 19.84 of
this title, and subject to any conditional use permit
requirements contained in that chapter;
D. Horticulture, gazdening, and growing of food
products for consumption by occupants of the site
and limited to a maximum of ten percent of the lot
azea.
E. The keeping of a maximum of four adult
household pets per dwelling unit, provided that no
more than two adult dogs may be kept therein;
E. Temporary buildings for construction purpos-
es (including trailers) for a period not to exceed the
duration of such construction;
F. Small-family day caze home;
G. Residential care facility with six or less resi-
dents not including the provider, provider family or
staff, that has a license from the appropriate State,
County agency or department;
H. Congregate residence with ten or less resi-
dents. (Ord. 1688 § 3 (part), 1995; Ord. 1675 (part),
1994; Ord. 1601 Exh. A (part), 1992)
19.36.040 Conditional uses.
The following uses may be conditionally allowed
in the R-3 multiple-family residential district, sub-
ject to issuance of a conditional use permit:
A. Issued by the Director of Community Devel-
opment:
1. Temporary uses, subject to regulations estab-
lished by Chapter 19.124;
2. Home occupations which require a condi-
tional use permit pursuant to Chapter 19.92 of this
title;
3. Large-family day caze home. The conditional
use permit shall be processed as provided by Section
1597.46(3) of the State of California Health and
Safety Code.
B. Issued by the Planning Commission:
1. Child day care facilities;
2. Residential caze facility, that is not required
to obtain a license by the State, County agency or
department and has six or less residents, not includ-
ing the provider, provider family or staff;
3. Residential caze facility, that has the appropri-
ate State, County agency or department license and
has seven or greater residents, not including the
cc~ 6-00> 588-16
19.36.040
provider, provider family or staff, is a minimum
distance of five hundred feet from the property
boundary of another residential Gaze facility;
4. Residential caze facility, that is not required
to obtain a permit from the State, County agency or
department license and has seven or greater resi-
dents, not including the provider, provider family or
staff, is a minimum distance of five hundred feet
from the property boundary of another residential
care facility and has a minimum of seventy-five
squaze feet of usable rear yazd azea per occupant;
5. Congregate residence with eleven or more
residents, is a minimum of one thousand feet from
the boundary of another congregate residence and
has a minimum of seventy-five square feet of usable
reaz yard azea per occupant.
C. Issued by the City Council upon recommen-
dation from the Planning Commission:
1. Utility facilities essential to provision of
utility service to the neighborhood, but excluding
business offices, construction or storage yazds, main-
tenance facilities or corporation yards. (Ord. 1688
§ 3 (part), 1995; Ord. 1657 (part), 1994; Ord. 1601
Exh. A (part), 1992)
19.36.050 Conceptual plan.
A. A property owner initiated rezoning in R-3
zones shall be accompanied by a conceptual devel-
opment plan.
B. ACity-initiated rezoning need not be accom-
panied by a conceptual development plan. Prior to
development and use of the property, the owner
shall submit a conceptual development plan. The
plan shall be approved, conditionally approved or
denied.
C. No building permit may be issued for
development proposal of a vacant property presently
zoned multiple-family residential until a conceptual
development plan is approved by the Planning Com-
mission for the City of Cupertino in conjunction
with a public hearing for a conditional use permit.
D. The information required to be shown on or
attached to the conceptual development plan shall,
in addition to the information required by another
ordinance, include the following:
1. The architectural theme of the development,
including the location of buildings on the lot, build-
ing configurations, building heights, private patio
and balcony azeas, fence lines, and general window
locations;
2. A description of the private outdoor azea for
each dwelling unit and a description of the degree
of visual intrusion into adjoining properties which
may result upon implementation of the project. The
visual analysis shall include scale cross-sections if
deemed essential to interpret the degree of visual
intrusion into private outdoor or indoor space;
3. A grading plan describing existing contours
and fmish grading in relation to proposed construc-
tion. The grading plan shall denote the location of
all nonfruit trees with a trunk diameter as identified
in the Tree Ordinance;
4. The location of areas proposed for vehiculaz
circulation and for landscaping. (Ord. 1844 § 1
(part), 2000; Ord. 1601 Exh. A (part), 1992)
19.36.060 Site development regulations.
A. Density.
1. Each lot in an R-3 zoning district shall be
permitted the following number of dwelling units
depending on the corresponding lot size:
Number of Dwelling Units Net Lot Area
3 9,300 squaze feet
Over 3 2,000 additional
squaze feet per
dwelling unit
2. In no case shall the total number of dwelling
units per acre in amultiple-family zoning district
exceed the density provisions of the General Plan.
The R-3 zoning district is applicable only to those
areas designated in the General Plan as having an
allowable density range exceeding eight dwelling
units per gross acre.
3. In a case where a density range is designated
in the General Plan, the allowable number of dwell-
ing units shall be established by the Planning Com-
mission and City Council as a part of the zoning
588-16a (capert;no 6-00>
19.36.060
ordinance which zones a particular property as being
within the R-3 zoning district.
B. Visual Privacy Intrusion. All structures in an
R-3 zoning district shall be built, designed, or situat-
ed in a manner which, in the opinion of the Director
of Community Development, will:
1. Provide outdoor space for each dwelling unit
equaling approximately twenty percent of each
unit's gross first-floor azea and ten percent of the
gross floor azea for units above the first story. Pri-
vate outdoor balconies may be provided to fulfill
this standazd;
2. Minimize visual privacy intrusion into all or
a significant portion of private outdoor yazds, balco-
nies, or interior spaces through the use of window-
less walls, winged walls, atria, enclosed courtyards,
and buildings oriented to public and private streets,
or other techniques which rely upon structural de-
sign rather than to mitigation relying solely upon a
landscaping solution;
3. Minimize noise intrusion through appropriate
design and construction techniques to ensure
isolation from excessive noise sources outside of the
project boundary and to ensure acoustical privacy
between adjoining dwelling units.
C. Height of Buildings. The maximum height of
any building shall be two stories, not to exceed a
total height of thirty feet.
D. Lot Width. The minimum lot width shall be
seventy feet at the front building setback line.
E. Lot Coverage. The maximum lot coverage for
buildings or structures shall be forty percent.
F. Front-Yazd Setback. The front-yard setback
shall be a minimum of twenty feet.
G. Side-Yazd Setback. The side yards shall equal
at least six feet for asingle-story element, and nine
feet for asecond-story element, and eighteen feet
for structures exceeding two stories or twenty-four
feet in height. In all cases, the Director of Commu-
nity Development shall review the relationships of
buildings to adjoining structures and may require
additional side-yard setback distances in order to
meet the requirements of subsection B of this sec-
tion. The side yazd on the street side of a comer lot
shall not be less than twelve feet.
H. Comer Triangle. No portion of a building
shall be located within a corner triangle (as defined
in Section 19.08.030 of this title).
I. Reaz-yazd Setback.
1. The minimum rear-yazd setback distance for
a single-story dwelling unit shall be twenty feet, or
twenty percent of the lot depth, whichever is great-
er; or shall contain a useable reaz-yazd setback area
of not less than twenty times the width of the lot,
in which case the main building may be permitted
to encroach as close as ten feet to the reaz lot line.
2. As used herein, the term "useable reaz-yazd
setback area" means that azea bounded by the reaz
lot line(s) and the reaz building lines extended to the
side lot lines.
3. The minimum reaz-yazd setback for atwo-
story element of a dwelling unit shall be twenty feet
or twenty percent of the lot depth, whichever is
greater. A two-story element may be placed on a
single-story structure which satisfies the criteria for
a ten-foot minimum setback distance if the two-story
element maintains a minimum reaz-yazd setback of
twenty feet or twenty percent of the lot depth,
whichever is greater. (Ord. 1601 Exh. A (part),
1992)
19.36.070 Parking.
A. In R-3 zones, in no case shall pazking be
permitted in the reaz-yazd setback where the lot
adjoins property located in asingle-family (R-1)
zoning district. (Ord. 1601 Exh. A (part), 1992)
19.36.080 Architectural and site review.
Signs, landscaping or pazking plans and minor
modifications to buildings may not be erected, struc-
turally altered, enlazged or modified without design
review by the Design Review Committee pursuant
to Chapters 2.90 and 19.134, unless a conditional
use permit is required. Then the Planning Commis-
sion shall decide on the action. (Ord. 1844 § 1
(P~), 2~)
ccr~~ 6-ao~ 588-16b
19.44.080
control of the property owner/developer, the pro-
posed project substantially complies with the general
standazds contained within this chapter;
2. That the proposal provides for low-moderate
income and senior citizen housing in a manner
consistent with the housing element of the General
Plan.
E. Compliance with the requirements of this
chapter does not relieve the owner or developer of
property intended to be included in asingle-family
residential cluster zone from complying with all
other applicable City ordinances or conforming to
the provisions of the City's General Plan.
F. No building, structure or land shall be used,
and no building or structure shall be hereafter erect-
ed, structurally altered or enlazged in a residential
cluster zone, otherwise than in conformance with the
following provisions; except that uses, buildings and
structures lawfully in existence at the time the
ordinance codified in this title takes effect may
remain as long as no alterations take place (except
those alterations permitted by Chapter 19.112). (Ord.
1601 Exh. A (part), 1992)
588-27 ca,~wno moo)
19.4$.010
Chapter 19.48
PLANNED DEVELOPMENT (PD) ZONES
Sections:
19.48.010 Purpose.
19.48.020 Applicability of regulations.
19.48.030 Establishment of districts-
Permitted and conditional uses.
19.48.040 Conceptual development plans.
19.48.050 Action by the Planning
Commission.
19.48.060 Zoning or prezoning-Action
by the City Council.
19.48.070 Use permit required-
Definitive development plan.
19.48.080 Action by the Design Review
Committee.
19.48.090 Action by the Planning
Commission.
19.48.100 Conditional use permit-Action
by the City Council.
19.48.110 Modifications of the definitive
development plan.
19.48.010 Purpose.
A. The planned development (PD) zoning district
is intended to provide a means of guiding land
development or redevelopment of the City that is
uniquely suited for planned coordination of land
uses and to provide for a greater flexibility of land
use intensity and design because of accessibility,
ownership patterns, topographical considerations,
and community design objectives.
B. The planned development zoning district is
specifically intended to encourage variety in the
development pattern of the community; to promote
a more desirable living environment; to encourage
creative approaches inland development; to provide
a means of reducing the amount of improvements
required in development through better design and
land planning, to conserve natural features, to facili-
tate amore aesthetic and efficient use of open
spaces, and to encourage the creation of public or
private common open space. (Ord. 1601 Exh. A
(part), 1992)
19.48.020 Applicability of regulations.
No building, structure or land shall be used and
no building or structure shall be erected, enlarged
or structurally altered, or demolished, in any
planned development zoning district, except in ac-
cordance with the provisions set forth in this chap-
ter. (Ord. 1601 Exh. A (part), 1992)
19.48.030 Establishment of districts-
Permitted and conditional uses.
A. Planned development zoning districts may be
established, modified or removed from the zoning
map, and the regulations applicable to any planned
development district may be established, modified
or deleted in accord with the procedures described
in this chapter.
B. All PD districts shall be identified on the
zoning map with the letter coding "PD" followed by
a specific reference to the general type of use al-
lowed in the particular planning development zoning
district. For example, a planned development zoning
district in which the uses are to be general commer-
cial in nature, would be designated "PD (CG)." A
planned development zoning district in which the
uses are intended to be a mix of general commercial
and residential would be designated "PD (CG/R)."
C. Permitted uses in a PD zoning district shall
consist of all uses which are permitted in the zoning
district which constitutes the designation following
the letter coding "PD." For example, the permitted
uses in a PD (CG) zoning district are the same uses
which are permitted in a CG zoning district.
D. Conditional uses in a PD zoning district shall
consist of all uses which require the issuance of a
conditional use permit in the zoning district which
constitutes the designation following the letter cod-
ing "PD." For example, the conditional uses in a PD
(CG) zoning district are the same uses which require
a conditional use permit in CG zoning district. Each
conditional use in a PD zoning district requires a
separate conditional use permit.
(Cupertino 6-00) Jr$$-2$
19.48.030
E. The general category of uses in a PD zone
shall be defined at the time of the conceptual plan,
and shall be consistent with the adopted General
Plan relative to the property in the application. The
development standazds and regulations of the per-
mitted and conditional uses shall be established in
conjunction with the approval of the conceptual and
definitive plans. (Ord. 1637 (part), 1993; Ord. 1601
Exh. A (part), 1992)
19.48.040 Conceptual development plans.
The applicant for a PD zoning district shall, at the
time of the application, submit to the Director of
Community Development a conceptual development
plan, which will include a general description of the
proposed uses, the proposed traffic-circulation sys-
tem, atopographical map of the site and the neigh-
boring properties, a landscaping plan, and any other
information required by the Director of Community
Development, the Planning Commission, or the City
Council. The Director of Community Development
shall provide the applicant with a detailed list of
information required for a conceptual development
plan. (Ord. 1601 Exh. A (part), 1992)
19.48.050 Action by the Planning
Commission.
A. The Planning Commission shall hold a public
hearing on any application for zoning or prezoning
property initiated pursuant to this chapter in the
same manner as prescribed by Chapter 19.120 of
this Code and by state law for the zoning, prezoning
or rezoning of property.
B. In addition to the requirements of Chapter
19.120 regazding zoning of property, the Planning
Commission shall review and consider all materials
submitted by the applicant pursuant to this chapter,
and shall prepaze and recommend to the City Coun-
cil, asappropriate, the specific conditions of approv-
al, and state the reasons for the recommendation.
C. If the recommendation is one for approval of
the application, the following findings and deter-
minations must be made by the Planning Commis-
sion:
1. That the conceptual development plan at-
tached to the application is consistent with both the
General Plan and any specific plan which regulates
the site;
2. That the conceptual development plan pro-
vides for an organized and unified system of land
uses and land use intensities which would be com-
patible with the surrounding neighborhood;
3. That a conceptual development plan for a
residential use insures that the proposed develop-
ment provides adequate active and passive oriented
open space within the development to satisfy the
needs of future residents and, further, that the pro-
posed development provides adequate landscaping
that will function in a manner which will enhance
the individual development and the community as
a whole;
4. That the conceptual plan ensures that the
location of the site with respect to major thorough-
fazes and uses outside the zone would not create
undue and unreasonable traffic congestion in the
area;
5. That the conceptual plan makes provisions for
adequate parking, waste disposal and underground-
ing of utilities. (Ord. 1637 (part), 1993; Ord. 1601
Exh. A (part), 1992)
19.48.060 Zoning or prezoning-Action by
the City Council.
A. Upon receipt of the recommendation of the
Planning Commission, the City Council shall hold
a public hearing pursuant to the procedures de-
scribed in Chapter 19.116 of this Code and pursuant
to State law, to consider the recommendation. The
City Council may approve, modify, or disapprove
a recommendation of the Planning Commission;
provided, that any modification of the proposed
application, which was not considered by the Plan-
ning Commission, shall first be referred to the Plan-
ning Commission for report and recommendation
(which does not require the holding of a public
hearing).
B. Failure of the Planning Commission to issue
a report and recommendation on the proposed modi-
fication within forty days after referral, or such
588-29 cQ,pert;no 6-00
19.48.060
longer period as may be prescribed by the City
Council, shall be deemed to be an approval of the
proposed modification.
C. Upon final approval of the application, the
City Council shall enact an ordinance zoning or
prezoning the subject property or properties as a
planned development zone, incorporating within
such ordinance the conceptual plan and conditions
of approval. Any modification of the conceptual
plan requires the submission of a rezoning applica-
tion. (Ord. 1601 Exh. A (part), 1992)
19.48.070 Use permit required-Definitive
development plan.
A. Prior to any development within a planned
development zoning district, the applicant must
obtain a conditional use permit approving the devel-
opment, issued by the Planning Commission, except
that in the event that the application is for new
development of five thousand square feet or more
of commercial or ten thousand square feet or more
for industrial and/or office use, or eight or greater
residential units, the conditional use permit may
only be issued by the City Council upon recommen-
dation of the Planning Commission.
B. Any application for a conditional use permit
shall be accompanied by a definitive development
plan which shall include architectural drawings of
the proposed development, maps showing the loca-
tions of buildings, renderings showing building
heights and squaze footages, maps showing the
precise location of roads, streets, alleys and access
points, a traffic analysis, a construction plan, and
any other information required by the Director of
Community Development, Planning Commission or
City Council. The Director of Community
Development shall provide the applicant with a de-
tailed list of information required for a definitive
development plan.
C. A definitive development plan shall encom-
pass the entire property, unless, in the opinion of the
Director of Community Development, the imple-
mentation of a definitive plan for a portion of the
site will not delay, hinder or otherwise be in conflict
with the implementation of the conceptual develop-
ment plan for the remainder of the site.
D. Nothing in this chapter is intended to prohibit
a combined application for zoning and use permit
to be considered at the same public hearing. Howev-
er, the applicant, in that event, shall prepaze both a
conceptual development plan and a definitive
development plan for consideration. In the event the
combined application includes a use permit which
is reviewed by the Director of Community Develop-
ment, the combined application shall be processed
and reviewed as provided by Section 19.04.090.
(Ord. 1656 § 2, 1994; Ord. 1637 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.48.080 Action by the Design Review
Committee.
Individual single-family homes in a planned de-
velopment residential zoning district or two-story,
single-family homes that directly incorporate R-1
(Chapter 19.28) ordinance standards, shall be ap-
proved, modified or denied by the Design Review
Committee under the provisions of Chapter 2.90.
(Ord. 1844 § 1 (part), 2000)
19.48.090 Action by the Planning
Commission.
A. The Planning Commission shall hold a public
hearing on any application for a conditional use
permit issued under the provisions of this chapter in
the same manner as prescribed in Chapter 19.124 of
this Code.
B. In addition to the requirements of Chapter
19.124 regarding the issuance of conditional use
permits, the Planning Commission shall review and
consider all materials submitted by the applicant,
and in cases where it is the decisionmaker, may
approve or deny the application. Any such approval
shall contain specific conditions of approval and
shall include all necessary findings and reasons for
the approval. Any final decision by the Planning
Commission under this section is subject to appeal
to City Council pursuant to Chapter 19.136.
C. With respect to any action by the Planning
Commission which constitutes a recommendation to
(c~paano 6-00) 588-30
19.48.090
the City Council, the recommendation shall contain,
as appropriate, the specific conditions for approval,
and the reason for the recommendations based upon
the required fmdings for the granting of any use
permit under Chapter 19.124, as well as a determi-
nation that the definitive development plan is con-
sistent with the conceptual development plan. (Ord.
1844 § 1 (part), 2000; Ord. 1637 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.48.100 Conditional use permit Action
by the City Council.
Upon receipt of a recommendation from the
Planning Commission, the City Council shall hold
a public hearing pursuant to the procedures
described in Chapter 19.124 of this Code to consider
the recommendation. The City Council may ap-
prove, modify, or disapprove a recommendation of
the Planning Commission, provided that any modifi-
cation of the proposed application, which was not
considered by the Planning Commission, shall first
be referred to the Planning Commission for report
and recommendation (which does not require the
holding of a public hearing). (Ord. 1844 § 1 (part),
2000; Ord. 1784 (part), 1998; Ord. 1637 (part),
1993; Ord. 1601 Exh. A (part), 1992)
Commission, except that in the event that the modi-
fication is for new development of five thousand
square feet or more of commercial or ten thousand
squaze feet or more for industrial and/or office use,
or eight or greater residential units, the conditional
use permit may only be issued by the City Council
upon hearing and recommendation of the Planning
Commission.
C. Change of Use.
1. A change from a conditional use or a permit-
ted use to another permitted use within a PD zoning
district does not require a modification of the defini-
tive plan unless the change of use will also change
the general appeazance or change how the definitive
development plan functions vis-a-vis neighboring
properties.
2. A change from a permitted use to a condi-
tional use requires the issuance of separate condi-
tional use permit by the City body which would
ordinarily consider such a permit in other zones
within the City. (Ord. 1715 (part), 1996; Ord. 1601
Exh. A (part), 1992)
19.48.110 Modifications of the definitive
development plan.
A. Minor Modifications. In the event that the
applicant or subsequent property owner wishes to
make a minor alteration, change or amendment of
the approved defmitive development plan, he shall
submit a written request to the Director of Commu-
nity Development, together with a proposed revised
definitive development plan. ff the Director deter-
mines that the modification does not result in a
change in the general appeazance or function of the
project, he may approve the modification in a man-
ner specified in Chapter 19.132.
B. Other Modifications. If the Director of Com-
munity Development determines that a proposed
modification to a definitive development is not
minor, then the applicant must seek an amendment
to the underlying conditional permit by the Planning
Sf38-31 (cupoena 6-00)
19.52.010
Chapter 19.52
DENSITY BONUS
Sections:
19.52.010 Purpose.
19.52.020 Definitions.
19.52.030 Applicability.
19.52.040 Concessions.
19.52.050 General requirements.
19.52.060 Requirements for projects with
affordable units.
1952.070 Application procedure.
19.52.010 Purpose.
The density bonus ordinance codified in this
chapter is intended to comply with the State Density
Bonus Law, Government Code Section 65915,
which provides that a local government shall grant
a density bonus and an additional concession, or
fmancially equivalent incentive(s), to a developer of
a housing development agreeing to construct a spec-
ified percentage of housing for lower income house-
holds, very low income households or senior citi-
zens. (Ord. 1569 § 1 (part), 1991)
19.52.020 Definitions.
As used in this chapter, the following terms shall
have the following meanings unless otherwise indi-
cated from the context:
"Affordable units" means housing units in which
the rent does not exceed twenty-five percent of the
HUD income limits for lower and very low income
households for Santa Clara County adjusted for
household size.
"Concession" means a benefit offered by the City
to facilitate construction of eligible projects as de-
fined by the provisions of this chapter. Benefits may
include, but aze not limited to, priority processing,
fee deferments and waivers, granting of variances,
and relaxation of otherwise applicable permit condi-
tions.
"Density bonus" means an increase in the number
of dwelling units authorized for a particular pazcel
of land beyond the maximum allowed by the Gener-
al Plan range specified on the land use map of the
City of Cupertino General Plan as of the date of the
project application.
"Economically feasible" means when a housing
project can be built with a reasonable rate of return.
The housing developer's financial ability to build
the project shall not be a factor.
"Household type" means whether the occupants
of the housing units aze very low income, lower
income or senior citizens.
"Housing development" means one or more
groups of projects with residential units constructed
in the planned development of the City.
"Lower-income household" means a household
whose gross income is as established by Health and
Safety Code Section 50079.5.
"Senior citizens" means:
1. Persons at least sixty-two yeazs of age; or
2. Persons at least fifty-five yeazs of age in a
senior citizen housing development, in accordance
with State and federal law.
"Senior citizen units" means:
1. Government subsidized housing units for
senior citizens;
2. Housing intended for, and solely occupied by,
persons at least sixty-two yeazs of age; or
3. Housing consisting of at least one hundred
fifty units in which eighty percent of the units have
at least one person aged fifty-five or older and
which provide special facilities and services de-
signed for seniors.
Eligibility for a density bonus or other concession
for senior citizen units must be in conformity with
State and federal laws governing senior housing
projects.
"Very low income household" means a household
whose gross income is as established by Health and
Safety Code Section 50105. (Ord. 1569 § 1 (part),
1991)
19.52.030 Applicability.
A. All housing developments greater than five
units (excluding density bonus units) aze eligible for
one density bonus of at least twenty-five percent,
(c~~~~o 6-00) 588-32
19.56.030
L. Specialty food stores which cumulatively
comprise less than fifty percent of the retail space
of a single building or shopping center;
M. Pet shop and pet services facilities (buildings)
which aze located in a sound-proof structure and aze
in compliance with Santa Claza County Health De-
partment regulations;
N. Child day care facilities located within an
established business serving that business only and
which do not generate additional traffic from that
produced by the business itself;
O. Vocational and specialized schools, dance and
music studios, gymnasiums and health clubs which
cumulatively comprise less than fifty percent of the
space in a shopping center, provide adequate pazk-
ing asdetermined by Chapter 19.100 and meet noise
requirements as determined by Chapter 10.48;
P. Other uses which, in the opinion of the Direc-
tor of Community Development, aze similaz to the
above permitted uses, and which do not create sig-
nificant adverse impacts to the surrounding azea due
to odor, dust, smoke, glaze, fumes, radiation, vibra-
tions, noise, traffic or litter. (Ord. 1815 (part), 1999;
Ord. 1687 Exh. A (part), 1995)
19.56.040 Conditional uses.
The following uses may be conditionally allowed
in the CG zoning district, subject to issuance of a
conditional use permit:
A. Issued by the Director of Community Devel-
opment:
1. Specialty food stores which cumulatively
occupy more than fifty percent of the building floor
space in a single building or shopping center;
2. Vocational and specialized schools, dance and
music studios, gymnasiums and health clubs which
cumulatively comprise more than fifty percent of the
space in a shopping center, provide adequate pazk-
ing as determined by Chapter 19.100 and meet noise
requirements as determined by Chapter 10.48;
3. RetaiUservice kiosks located in an unenclosed
space visible from public streets or other publicly
owned space, where adequate pazking is provided
as determined by Chapter 19.100, which do not
result in traffic or circulation impacts, have attrac-
tive designs and landscaping, and aze compatible
with the surrounding azchitecture.
B. Issued by the Planning Commission:
1. Automobile repair shops and tire repair
shops;
2. Commercial parking and parking garages;
3. Convenience mazkets;
4. Hotels, motels, and boazdinghouses;
5. Liquor stores;
6. Drinking establishments;
7. Full-service restaurants with sepazate baz
facilities; fast-food restaurants, and any entertain-
ment facilities (e.g., dancing, live music) in associa-
tion with full-service or fast-food restaurant;
8. Commercial entertainment establishments,
such as indoor theaters, bowling alleys, billiazd and
pool parlors, dance halls, skating rinks, and azcades;
9. Private clubs, lodges and fraternal organiza-
tions, asprinciple uses buildings; fraternity and
sorority houses;
10. Child caze centers, day nurseries, and play-
grounds;
11. Pet shops and facilities for bathing, clipping,
trimming and similaz services for pets, when not
located in a soundproof space;
12. Mortuaries;
13. Theaters;
14. Automobile service stations, automobile
washing facilities;
15. Automobile, trailer, tire and boat sales and
rental, limited to new and used vehicles in operable
condition;
16. Any commercial establishments with drive-
through facilities;
17. Late evening activities which occur between
eleven p.m. through seven a.m.
18. Business activities which display merchandise
or provide services in an unenclosed space visible
from a public street or adjoining residential proper-
ty, except activities which display merchandise as
provided by Section 19.56.070(1)(d).
19. Business activities, which incorporate con-
tracting services for which a contracting license
issued by the State of California, aze required.
588-36a (cti,pertino 6-00)
19.56.040
20. Other commercial uses which aze neither
permitted uses nor excluded uses and which are, in
faethe opinion of the Planning Commission, consis-
tent with the chazacter of a general commercial
(CG) zone of the same general character listed in
this section, and which do not create significant
adverse impacts to the surrounding azea due to odor,
dust, fumes, glare, radiation, vibration, noise, traffic
or litter. (Ord. 1815 (part), 1999: Ord. 1784 (part),
1998; Ord. 1687 Exh. A (part), 1995)
1956.050 Excluded uses.
The following uses shall not be permitted in
general commercial (CG) zones:
A. Businesses where the primary activity is
related to the on-site manufacturing, assembly or
storage of building components intended for use by
general contractors or wholesalers;
B. Wholesale lumberyazds, warehouses, storage
garages, nurseries, greenhouses and other wholesale
businesses, except computer hazdwaze and softwaze
and communications businesses for which the city
may generate sales tax revenue where the primary
activity is to conduct sales and services to other
businesses rather than to direct retail customers;
C. Other uses which, in the opinion of the Plan-
ning Commission, aze objectionable by reason of
odor, dust, smoke, glaze, fumes, radiation, vibration,
noise, traffic or litter shall be excluded. (Ord. 1687
Exh. A (part), 1995)
19.56.060 Conditional use permit for new
development.
A. Prior to the erection of a new building or
structure in a CG zoning district, or prior to the
enlazgement or modification of an existing building,
structure, or site (including landscaping and lighting)
in a CG zoning district, the applicant for a building
permit must obtain a use permit from the Planning
Commission unless the building square footage is
five thousand square feet or greater, in which case
the conditional use permit may only be issued by
the City Council upon recommendation of the Plan-
ning Commission.
B. Minor azchitectural modifications including
changes in materials and colors shall be reviewed by
the Director of Community Development as speci-
fied in Chapter 19.132 or 2.90 of this code. If an
application is diverted to the Design Review Com-
mittee or the Planning Commission, the application
shall be agendized for a Design Review Committee
or Planning Commission meeting as an architectural
and site application. (Ord. 1844 § 1 (part), 2000;
Ord. 1784 (part), 1998; Ord. 1687 Exh. A (part),
1995)
19.56.070 Land use activity and site
development regulations.
A. Land Use Criteria. Unless otherwise provided
by a conditional use permit, the following regula-
tions shall apply to all users governed by this chap-
ter.
1. The activity must be conducted entirely with-
in abuilding or enclosed patio or atrium except for:
a. Vehicular pazking including the pazking of
business related vehicles that comply with the sign,
off-street pazking and noise regulations;
b. Outdoor seating for restaurants as long as the
number of seats do not exceed twenty percent of the
number of authorized indoor seats and is otherwise
compatible with Chapter 19.100 of this code;
c. Special promotional events undertaken by
permitted businesses;
d. The display of merchandise in front of stores
containing a minimum of twenty thousand square
feet of floor azea. The merchandise must be dis-
played under a roof overhang or canopy and must
be displayed in an organized, neat and safe fashion;
e. Incidental activities directly related to the
perntted business. The incidental activity must
comply with noise standazds, all other applicable
health and safety regulations and must use equip-
ment which, when not in use, is stored in an ap-
proved enclosed space.
2. The activity must comply with the City noise
standazds, including pick-up and delivery times.
Some activities aze permitted when located in a
sound-proof space. Asound-proof space is an en-
closed azea which is designed to prevent internally
generated noise from being audible from a receptor
located outside of the structure. An acoustical engi-
(cnpatino 6-00> 588-36b
19.60.090
19.60.090 Architectural and site review.
No building or structure shall be erected without
Planning Commission review according to Chapters
2.32 and 19.134. No building, structure, landscap-
ing, pazlcing plan or sign shall be structurally altered
or enlazged in an ML zone without azchitectural and
site review before the Design Review Committee
pursuant to Chapters 2.90 and 19.134 of this code.
(Ord. 1844 § 1 (part), 2000; Ord. 1779 § 1 (A),
1998)
588-43 (ctipertino 6.00)
19.64.010
Chapter 19.64
PUBLIC BUIIDING (BA),
QUASI PUBLIC BUILDING (BQ)
AND TRANSPORTATION (T) ZONES
Sections:
19.64.010 Purpose.
19.64.020 Applicability of regulations.
19.64.030 Permitted uses in a BA zone.
19.64.040 Permitted uses in a BQ zone.
19.64.050 Conditional uses in a BQ zone.
19.64.060 Conditional uses in a T zone.
19.64.070 Requirement of a development
plan.
19.64.080 Architectural and site review.
19.64.090 Site development regulations.
19.64.010 Purpose.
The BA, BQ and T zoning districts aze designed
to accommodate governmental, public utility, educa-
tional, religious, community service, transportation,
or recreational facilities in the City. (Ord. 1601 Exh.
A (part), 1992)
19.64.020 Applicability of regulations.
The specific regulations of this chapter shall
apply to all BA, BQ and T zoning districts. (Ord.
1601 Exh. A (part), 1992)
19.64.030 Permitted uses in a BA zone.
Buildings and other uses on land owned or
utilized by a federal, state, county, or city govern-
ment or authority, or by a special district created for
public purposes under the laws of the State of Cali-
fornia aze permitted in a BA zone. (Ord. 1601 Exh.
A (part), 1992)
19.64.040 Permitted uses in a BQ zone.
Building and other uses on land owned or utilized
by the following types of organizations, for the pur-
poses enumerated herein, aze permitted in a BQ
zone:
A. Rotating homeless shelter provided that the
following conditions aze met:
1. Shelter is located within an existing church
structure;
2. The number of occupants does not exceed
twenty-five;
3. The hours of operation do not exceed six
p.m. to seven a.m.;
4. Adequate supervision is provided;
5. Five safety regulations are met; and
6. Operation period does not exceed two months
in any twelve-month period at any single location.
Application for a rotating homeless shelter shall
be made to the Director of Community Develop-
ment. The Director shall approve the application if
it meets the above standazds. (Ord. 1637 (part),
1993; Ord. 1601 Exh. A (part), 1992)
19.64.050 Conditional uses in a BQ zone.
The following uses may be conditionally allowed
in the BQ district, subject to the issuance of a con-
ditional use permit issued by the Planning Commis-
sion:
A. Public utility companies regulated by the
Public Utility Commission for uses restricted to ad-
ministrative and office buildings, communication
equipment buildings, including pazking, landscaping
and maintenance within an enclosed azea or storage
yazd;
B. Religious, civic, and compazable organiza-
tions, for uses restricted to church buildings, com-
munityhalls, administrative buildings, schoolrooms,
recreational facilities, and athletic fields, convents,
seminaries, and similaz uses customarily associated
with churches, including parking and landscaping
azeas;
C. Child care facility, residential caze facilities,
congregate residence, hospitals, vocational and spe-
cialized schools;
D. Lodges, clubs, country clubs, including
accessory uses such as swimming pools, picnic
areas, golf courses, driving tees or ranges, miniature
golf courses (all uses to be restricted to members of
the above organizations and their guests);
(Cupertino 600) 5$8-44
19.64.050
E. Large-family daycare home;
F. Wireless communication facilities as de-
scribed in Chapter 19.108. (Ord. 1784 (part), 1998;
Ord. 1688 § 3 (part), 1995; Ord. 1601 Exh. A (part),
1992)
19.64.060 Conditional uses in a T zone.
The following uses are conditionally allowed in
the transportation (T) zoning district, subject to issu-
ance of a conditional use permit issued by the
Planning Commission:
A. Airports, airfields and helicopter terminals, in-
cluding administration and service buildings, mainte-
nance and storage yards;
B. Raikoads, including terminals and stations,
freight yazds, mazshalling yazds, storage yards,
administrative and service buildings;
C. Bus terminals and stations, including
administration and service buildings, maintenance
and storage yards;
D. Freeways, expressways, and other roads with
limited or controlled access, including administrative
buildings and maintenance yazds. (Ord. 1601 Exh.
A (part), 1992)
19.64.070 Requirement of a development
plan.
Prior to the issuance of a conditional use permit,
or any amendment thereto, a development plan shall
be submitted to the Planning Commission. The plan
shall include:
A. Types and heights of buildings/structures and
location of areas where buildings are to be placed;
B. A proposed system of public and private
streets, including cross-sections for all types of
streets;
C. Landscape plans;
D. Parking and loading plans as required by this
title;
E. Any other information, which the Director of
Community Development requires in order to evalu-
ate the effects of the proposed facilities on the sur-
rounding azeas. (Ord. 1601 Exh. A (part), 1992)
19.64.080 Architectural and site review.
Prior to the issuance of any conditional use per-
mit in a BA, BQ, or T zoning district, the proposed
use shall be reviewed pursuant to Section 19.64.070
of this chapter and Chapter 19.134. Under the provi-
sions of Chapters 2.32, 2.90 and 19.134, the Design
Review Committee shall approve, conditionally
approve or deny requests for modifications to land-
scaping, lighting and the building from the approved
development plan. (Ord. 1844 § 1 (part), 2000; Ord.
1784 (part), 1998; Ord. 1601 Exh. A (part), 1992)
19.64.090 Site development regulations.
A. Maximum Height of Buildings and Structures.
The height of buildings in BA, BQ and T zone
districts is regulated by the development plan.
B. Setbacks and Screening.
1. There aze no minimum setbacks in BA, BQ
or T zoning districts; provided, however, that the
Planning Commission may establish minimum set-
backs with respect to each individual application for
a conditional use permit in order to provide ade-
quate light, air and visibility at intersections, and to
provide general conformity with adjacent and neazby
zones and lots, or to promote the general excellence
of the development;
2. Adequate screening to limit noise, to reduce
glaze of lights, and to prevent obnoxious omissions
shall be provided when deemed appropriate by the
Planning Commission. (Ord. 1601 Exh. A (part),
1992)
588-44a ~a,~rono 6-00>
19.80.030
a. Ground level paving, landscape features, and
open recreational facilities aze excluded from lot
coverage regulations,
b. All site development regulations, including
setbacks, height and lot coverage regulations appli-
cable to principal dwellings in the applicable zone
also govern attached accessory buildings/structures
except as otherwise specified below,
c. They shall be structurally integrated with the
principal dwelling,
d. Unenclosed patio covers may extend as close
as ten feet to the reaz property line,
e. Attached recreational structures which have
a floor or step height greater than eighteen inches
above any point of the adjoining finished grade,
must have a minimum setback of ten feet from any
property line,
f. In agricultural zoning districts attached acces-
sory buildings/structures which aze used solely for
agricultural uses aze not restricted as to height,
provided that such buildings/structures are of a
design and height usual for that purpose,
g. First-floor decks and patios, other than de-
scribed in subsection Ble of this section, may en-
croach to within three feet of a property line,
h. First-floor decks and patios may encroach
three feet into front-yazd setbacks,
i. A second-story deck or patio may encroach
three feet into the front setback for the principal
dwelling,
j. Second story decks in R1 zoning districts are
required to obtain an exception to this chapter by
the Design Review Committee in order to address
privacy protection to adjoining properties except
decks facing nonresidential zoning districts and a
right-of--way,
k. The minimum side-yazd setbacks for second-
story decks and patios are:
i. Fifteen feet in residential zones,
ii. Twenty feet in agricultural zones,
1. The minimum reaz-yard setbacks for second-
story decks and patios aze:
i. Twenty feet in residential zones,
ii. Twenty-five feet in agricultural zones;
2. With respect to detached accessory build-
ings/structures (including an R2 zoning district):
a. The maximum lot coverage is thirty percent
of the useable reaz yazd azea;
b. The minimum distance from a principal
dwelling is five feet (measured between the eaves);
c. Small, portable storage buildings less than six
feet in height, which aze not attached to a building,
permanent foundation, or pad, may be located closer
than five feet to a principal dwelling, but no closer
than three feet from any property line;
d. No detached accessory building or structure
shall be located less than three feet from any proper-
ty line,
e. Detached accessory buildings and structures
shall be limited to a single story, and shall not ex-
ceed aheight of seven feet beginning at a three-foot
setback from reaz or side property lines. The height
encompasses the entire wall plane neazest the prop-
erty line, including the roof, eaves, and any portion
of the foundation visible above the adjoining fin-
ished grade. The wall plane height may be increased
by one foot for each additional one and one-half feet
of setback (con:esponding to athirty-three-degree
angle), up to a maximum wall plane height of fif-
teen feet, as depicted in the diagram attached to the
ordinance codified in this title. The maximum height
of construction shall not exceed twenty feet,
f. Walls which aze less than five feet to a prop-
erty line may not have windows or if windows aze
installed they must be obscured glass or have the sill
height above five feet from the floor. This require-
ment shall not apply to skylight or windows which
face aright-of--way or a nonresidential zoning
district.
g. Detached recreational buildings/structures
which have a floor or step height greater than eigh-
teen inches above any point at the adjoining finished
grade, must have a setback of ten feet from any
property. An affixed play structure, such as a swing
or climbing appazatus, is allowed in the setback azea
if it is at least three feet from the property line and
if it exceeds the heights and setbacks as required in
subsections B2b and c of this section and meets one
of the two following conditions: It is adjacent to a
588-51 (C~pertino ~oo>
19.80.030
comer property line, or if not on a corner, the im-
mediately adjacent property owner agrees to the
location prior to construction,
h. The minimum front-yard setbacks for de-
tached accessory buildings/structures are:
i. Twenty feet in residential zones,
ii. Thirty feet in agricultural zones,
i. With respect to corner lots, the street-side
yard setback must be no less than fifteen feet and
no less than twenty feet in the event that the corner
lot is adjacent to a key lot,
j. In R-2 and R-3 zones, in the case of an inte-
rior lot abutting only one street, no detached acces-
sory building or structure, except a detached gazage,
may occupy the front fifty percent of the lot azea.
(Ord. 1811 (part), 1999; Ord. 1784 (part), 1998;
Ord. 1654 (part), 1994; Ord. 1637 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.80.040 Second story deck exception.
All second story decks aze required to obtain a
decision for approval, conditional approval, or deni-
al of an exception by the Design Review Committee
in order to protect the privacy of adjoining proper-
ties. The goal of the exception requirement is not
to require complete visual protection but address
privacy protection to the greatest extent while still
allowing the construction and use of an outdoor
deck.
After a public hearing, the Design Review Com-
mittee may grant an exception to this section upon
making the following findings:
A. The deck design is such that it decreases
privacy intrusion to adjoining properties to the
greatest extent. To decrease privacy intrusion, re-
quired mitigation may include the introduction of
walls or landscaping to block the most sensitive
views or having the smallest deck possible. (Ord.
1844 § 1 (part), 2000; Ord. 1811 (part), 1999)
cLti,pauno 6-00 588-52
19.132.060
19.132.060 Noticing, review and approval
process.
A. Design Review Referral. The Director, in his
discretion, may refer a diverted application directly
to the Design Review Committee for review, deci-
sion or recommendation.
B. Mailed written notice of the Design Review
Committee hearing on the application shall be given
by the Director to all owners of record of real prop-
erty (as shown in the last assessment roll) which
abut the subject property, as well as property and its
abutting properties to the left and right, directly
opposite the subject property and located across a
street, way, highway or alley. Mailed notice shall
include owners of property whose only contiguity
to the subject site is a single point. The notice shall
be mailed by first class mail at least ten days prior
to the Design Review Committee meeting in which
the application will be considered. The notice shall
state the date, time and place of the hearing. A
description of the application shall be included in
the notice. If the Director of Community Develop-
ment believes the project may have negative effects
beyond the range of the mailed notice, particulazly
negative effects on nearby residential areas, the
Director, in his discretion, may expand noticing
beyond the stated requirements.
Compliance with the notice provisions set forth
in this section shall constitute agood-faith effort to
provide notice, and failure to provide notice, and the
failure of any person to receive notice, shall not
prevent the City from proceeding to consider or to
take action with respect to an application under this
chapter.
C. Director of Community Development. Upon
diversion, or upon receipt of the Design Review
Committee recommendation, the Drector shall
expeditiously approve or disapprove the application
in accordance with the same standazds and with the
same power to impose conditions as would have
applied to the Planning Commission or City Coun-
cil.
D. Decision. The Director shall render his deci-
sion in writing, stating reasons therefor, and mail
thereof to the applicant. Any aggrieved or affected
person may appeal such decision in accord with the
provisions of Chapter 19.136. Unless an appeal of
such a decision is filed within fourteen working
days following the mailing of the notice of decision,
it shall become final upon the expiration of said
time period. (Ord. 1844 § 1 (part), 2000: Ord. 1790
§ 1 (part), 1998)
19.132.070 Reports.
The Drector of Community Development shall
make written reports to the City Council and Plan-
ning Commission on all diverted applications under
this chapter. The reports shall be delivered to the
City Council and Planning Commission within five
calendar days from the date of the decision. (Ord.
1790 § 1 (part), 1998)
538-97 (c~~ro~o moo)
19.134.010
Chapter 19.134
ARCHITECTURAL AND SITE REVIEW*
Sections:
19.134.010 Purposes.
19.134.020 Authority of the Design Review
Committee.
19.134.030 Authority of the Planning
Commission.
19.134.040 Application for architectural
and site approval.
19.134.050 Action by the Director.
19.134.060 Notice of consideration.
19.134.070 Action by the Planning
Commission-Appeals.
19.134.080 Limitations regarding Planning
Commission decisions.
19.134.090 Findings and conditions.
19.134.100 Revocation, extensions, and
duration.
19.134.110 Reports.
•Prior ordinance history: Ord. 1778.
19.134.010 Purposes.
This chapter is enacted to provide for an orderly
process to review the architectural and site designs
of buildings, structures, signs, lighting, and land-
scaping for prescribed types of land development
within the City in order to promote the goals and
objectives contained in the General Plan, to protect
and stabilize property values for the general welfaze
of the City, to maintain the chazacter and integrity
of neighborhoods by promoting high standazds for
development in harmony therewith, and by prevent-
ing the adverse effects associated with new con-
struction by giving proper attention to the design,
shape, color, materials, landscaping and other quali-
tative elements related to the design of develop-
ments and thereby creating a positive and memora-
ble image of Cupertino. (Ord. 1844 § 1 (part), 2000:
Ord. 1791 § 1 (part), 1998)
19.134.020 Authority of the Design Review
Committee.
Subject to the provisions of this chapter and to
the general purpose and intent of this title, the De-
sign Review Committee shall review fence excep-
tions, sign exceptions, deck exceptions, exceptions
in an R-1 zoning district and residential design
approval of two-story residential development with
a floor azea ratio over thirty-five percent located in
a single-family residential zoning district, an indi-
vidual single-family home in a planned development
residential zoning district, minor modifications to
buildings, landscaping, signs, and lighting for new
development, redevelopment, or modification in
such zones where such review is required. (Ord.
1844 § 1 (Part), 2000)
19.134.030 Authority of the Planning
Commission.
Subject to the provisions of this chapter and to
the general purpose and intent of this title, the Plan-
ning Commission shall decide on the azchitectural
and site design in such zones where such review is
required or when required by a condition to a use
permit, variance, or any other entitlement of use.
(Ord. 1844 § 1 (part), 2000: Ord. 1791 § 1 (part),
1998)
19.134.040 Application for architectural and
site approval.
A. When azchitectural and site review is not part
of another application for development, a separate
application for such review shall be made by the
owner of record of property for which the approval
is sought.
B. The application shall be made to the Director
of Community Development, on a form provided by
the City, and shall contain the following:
1. A description and map showing the location
of the property for which the review is sought;
2. Detailed plans as required by the Director of
Community Development showing the proposed
development or changes to occur on the property;
ccw~ano 6-00> 588-98
19.134.040
3. Such additional information as the Director
of Community Development may deem pertinent
and essential to the application.
C. Any such application for review shall be
accompanied by the fee prescribed by City Council
resolution, no part of which shall be refunded. (Ord.
1844 § 1 (part), 2000: Ord. 1791 § 1 (part), 1998)
19.134.050 Action by the Director.
Unless otherwise provided by Section 19.04.090
regazding combined applications, the following
actions shall be taken by the Director to process an
application under this chapter:
A. Upon receipt of a complete application, the
Director shall, within thirty days from the date the
application is deemed complete, cause the applica-
tion to be agendized for consideration before either
the Design Review Committee or Planning Commis-
sion at a regulaz or special meeting, unless the ap-
plication is diverted for administrative approval,
pursuant to Section 19.132.030. Consideration of the
application by the Planning Commission shall com-
mence forty-five days of the date it is set. (Ord.
1844 § 1 (part), 2000: Ord. 1791 § 1 (part), 1998)
19.134.060 Notice of consideration.
A. Mailed written notice of consideration of any
application under this chapter by the Design Review
Committee or Planning Commission shall be given
by the Director to all owners of record of real prop-
erty (as shown in the last assessment roll) which
abut the subject property, as well as property, and
its abutting properties to the left and right, directly
opposite the subject property and located across a
street, way, highway or alley. Mailed notice shall
include owners of property whose only contiguity
to the subject site is a single point. The notice shall
be mailed by first class mail at least ten days prior
to the Design Review Committee or Planning Com-
mission meeting in which the application will be
considered. If the Director of Community Develop-
ment believes the project may have negative effects
beyond the range of the mailed notice, particulazly
negative effects on nearby residential areas, the
Director, in his discretion, may expand noticing
beyond the stated requirements.
Compliance with the notice provisions set forth
in this section shall constitute agood-faith effort to
provide notice, and the failure to provide notice, and
the failure of any person to receive notice, shall not
prevent the City from proceeding to consider or to
take action with respect to an application under this
chapter.
B. The notice of consideration shall contain the
following:
1. The exact address of the property, if known,
or the location of the property, if the address is not
known, and the existing zoning district or districts
applicable;
2. The time, date, place, and purpose of the con-
sideration;
3. A brief description, the content of which shall
be in the sole discretion of the City, of the proposed
project;
4. Reference to the application on file for partic-
ulazs;
5. A statement that any interested person, or
agent thereof may appear and be heazd.
Typographical errors in the notice shall not inval-
idate the notice nor any City action related to the
notice. (Ord. 1844 § 1 (part), 2000: Ord. 1791 § 1
(part), 1998)
19.134.070 Action by the Planning
Commission-Appeals.
A. At the time and place set for consideration of
the application, the Planning Commission shall
consider evidence for or against the application.
Within a reasonable time after conclusion of its
consideration, the Commission shall make findings
and shall render a decision regazding the application
which is supported by the evidence contained in the
application or presented at the meeting. The decision
of the Planning Commission is subject to appeal as
provided in Chapter 19.136. (Ord. 1844 § 1 (part),
2000: Ord. 1791 § 1 (part), 1998)
588-98a ccti~~ ~oo>
19.134.080
19.134.080 Limitations regarding Planning
Commission decisions.
In its consideration of acchitectural and site appli-
cations, the Planning Commission is limited to
considering and rendering decisions solely upon the
issues described in Section 19.134.030 and is pre-
cluded from considering or rendering decisions
regazding other planning, zoning, or subdivision
issues with respect to the subject property unless
said application is combined with the appropriate
application or applications which address those
additional issues. (Ord. 1844 § 1 (part), 2000: Ord.
1791 § 1 (part), 1998)
19.134.090 Findings and conditions.
A. The Design Review Committee or the Plan-
ning Commission may approve an application only
if all of the following findings are made:
1. The proposal, at the proposed location, will
not be detrimental or injurious to property or im-
provements in the vicinity, and will not be detrimen-
tal to the public health, safety, general welfare, or
convenience;
2. The proposal is consistent with the purposes
of this chapter, the General Plan, any specific plan,
zoning ordinances, applicable conditional use per-
mits, variances, subdivision maps or other
entitlements to use which regulate the subject prop-
erty including, but not limited to, adherence to the
following specific criteria:
a. Abrupt changes in building scale should be
avoided. A gradual transition related to height and
bulk should be achieved between new and existing
buildings.
b. In order to preserve design harmony between
new and existing buildings and in order to preserve
and enhance property values, the materials, textures
and colors of new buildings should harmonize with
adjacent development by being consistent or com-
patible with design and color schemes, and with the
future character of the neighborhood and purposes
of the zone in which they aze situated. The location,
height and materials of walls, fencing, hedges and
screen planting should harmonize with adjacent
development. Unsightly storage azeas, utility instal-
lations and unsightly elements of parking lots should
be concealed. The planting of ground cover or vari-
ous types of pavements should be used to prevent
dust and erosion, and the unnecessary destruction of
existing healthy trees should be avoided. Lighting
for development should be adequate to meet safety
requirements as specified by the engineering and
building departments, and provide shielding to pre-
vent spill-over light to adjoining property owners.
c. The number, location, color, size, height,
lighting and landscaping of outdoor advertising
signs and structures shall minimize traffic hazazds
and shall positively affect the general appearance of
the neighborhood and harmonize with adjacent
development.
d. With respect to new projects within existing
residential neighborhoods, new development should
be designed to protect residents from noise, traffic,
light and visually intrusive effects by use of buffer-
ing, setbacks, landscaping, walls and other appropri-
ate design measures.
B. The committee or the commission may im-
pose reasonable conditions or restrictions which it
deems necessary to secure the purposes of the Gen-
eral Plan and this title and to assure that the propos-
al is compatible with existing and potential uses on
adjoining properties. (Ord. 1844 § 1 (part), 2000:
Ord. 1791 § 1 (part), 1998)
19.134.100 Revocation, extensions, and
duration.
A. The revocation of any approval under this
chapter is governed under the same procedures as
described in Section 19.12ft.100 regazding revoca-
tion, extensions, and duration.
B. An architectural and site approval application
granted under this chapter which has not been used
within two years following its approval shall be-
come null and void and of no effect unless a shorter
time period is specifically prescribed by the condi-
tions of approval. Such approval shall be deemed to
have been "used" when actual substantial and con-
tinuous construction activity has taken place upon
the land pursuant to the approval.
ta,~ 6.00> 588-98b
19.134.100
C. The Design Review Committee or the Plan-
ning Commission may extend such time fora maxi-
mum of one additional yeaz only upon application
filed with the Director before the expiration of such
limit as may be specified by the conditions of ap-
proval.
D. All decisions related to revocation and exten-
sions of approvals contained in this section aze
subject to the appeals procedure contained in Chap-
ter 19.136. (Ord. 1844 § 1 (part), 2000: Ord. 1791
§ 1 (part), 1998)
19.134.110 Reports.
The Director shall make written reports to the
Planning Commission and City Council describing
the Design Review Committee decisions or the City
Council describing Planning Commission decisions
under this chapter to be forwazded to the City Coun-
cil within five calendar days from the date of such
decisions. (Ord. 1844 § 1 (part), 2000: Ord. 1791 §
1 (part), 1998)
588-99 cCti,pecrino 6-00
ORDINANCE LIST
1820 Prezone (Special)
1821 Prezone (Special)
1822 Amends §§ 2.04.010, 5.28.070(1
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)
614-13 (Ctipectino 6-00)
COUNCII,, CITY
contribution limits 2.06.100
contributions
See also Specific Subject
acceptance, time limits 2.06.110
definitions 2.06.030
disclosure statements
audits, appeals, complaints 2.06.130
requirements generally 2.06.120
prohibited acts
See also Specific Subject
generally 2.06.070
purpose of provisions 2.06.010
state law, conflicting provisions, resolution
2.06:040
statutory authority of provisions 2.06.020
violation
complaints, procedure 2.06.130
criminal proceedings 2.06.150
hearing procedure 2.06.140
penalty 2.06.080
remedies cumulative 2.06.090
Child care expense reimbursement, when granted
2.72.010
Communications 2.08.100
Contract bid award 3.24.080
Document signature authority 2.08.135
Election
See also Campaign finance
generally 2.04.005
False alarm hearing duties 10.26.120
Fences, height, location determination 16.28.030
Manager, city
appointment 2.28.010
suspension, removal 2.28.090
Meeting
discussion procedure 2.08.130
emergency 2.04.025
order of business 2.08.090
place 2.04.030
presentation method 2.08.080
protests 2.08.120
reconsideration
special 2.04.020
violation, penalty 2.08.140
Municipal employee relations officer
appointment 2.52.320
Nuisance abatement hearing 1.09.070
Officer, official body reports 2.08.110
Parade, athletic event permit appeal hearing
10.44.140
Permit pazking time determination 11.27.130
Personnel authority 2.52.090
Petition
definitions 2.08.030
exception 2.08.070
hearing notice 2.08.040
Public safety commission appointment 2.60.010
Reimbursement 2.16.030
Robert's Rules of Order adopted 2.08.020
Rules adopted 2.08.010
Salary
amount, effective date 2.16.020
statutory basis 2.16.010
Storm drainage service charge
adjustment authority 3.36.160
collection duties 3.36.080
review duties 3.36.050
Term limits 2.04.050
Transient occupancy tax appeal hearing
determination 3.12.100
Vacancy filling 2.04.040
Water chazge appeal hearing 15.12.100
Weed abatement
assessment, hearing 9.08.090
authority 9.08.060
hearing, decision, action 9.08.050
resolution 9.08.020
CRUISING
See TRAFFIC
CUPERTINO GARBAGE COMPANY
See GARBAGE
motions 2.08.095
petitions 2.08.096
regular 2.04.010
CURFEW
Definitions 10.68.010
Exceptions 10.68.030
fi23 (Cupertino 6-00)
CURFEW
Violation
penalty 10.68.050
prohibited acts 10.68.020
- D -
DEFECATION
See URINATION, DEFECATION
Imposition, rate 3.04.020
Payment responsibility 3.04.030
Refund claim, authority 3.04.100
Short title, authority 3.04.010
DOG
See AI~TIMAL
- E -
DEPARTMENTAL ORGANIZATION
Divisions, designated 2.48.020
Manager authority 2.48.030
Purpose 2.48.010
DESIGN REVIEW CObIlVITITEE
Chairperson 2.90.050
Construction of provisions 2.90.110
Established 2.90.010
Licensed architect 2.90.070
Meetings, quorum 2.90.060
Powers, functions 2.90.090
Procedural rules 2.90.100
Purpose of provisions 2.90.020
Recordkeeping 2.90.080
Terms of office 2.90.030
Vacancy, removal 2.90.040
DISASTER COUNCIL
Definitions 2.40.020
Director of emergency services
created 2.40.050
powers, duties 2.40.060
Emergency organization
membership 2.40.070
structure, duties, functions 2.40.080
Expenditures 2.40.100
Membership 2.40.030
Mutual aid provided 2.40.090
Powers, duties 2.40.030
Purposes 2.40.010
Violation, penalty 2.40.110
EARTHQUAKE
See TOXIC GASES
ELECTIONS, MUNICIPAL
See COUNCIL, CITY
ELECTRICAL CODE
Adopted 16.16.010
Persons allowed to do electrical work
designated 16.16.025
EMERGENCY
See DISASTER COUNCII,
EMPLOYEE, CITY
See also Specific Employee
Communication with public
See COMMUNICATION WITH CITY
OFFICIALS
General personnel policies
See PERSONNEL
EMPLOYEES' RETIREMENT SYSTEM
See PERSONNEL
ENGINEER, CITY
Preliminary soil report approval 16.12.050
Truck route signing 11.32.020
ENVIRONMENTAL PROTECTION
CEQA guidelines adopted 2.84.090
DOCUMENTARY STAMP TAX
Administration, authority 3.04.090
Exemptions 3.04.040
cctipe~ano 6-ao) 624
ENVIRONMENTAL REVIEW COMMITTEE
ENVIRONMENTAL REVIEW CONIlVIITTEE
Appeals 2.84.100
Chairperson 2.84.030
City powers not restricted 2.84.120
Compensation, expense reimbursement 2.84.050
Environmental assessment fee 2.84.110
Established, composition 2.84.010
Meetings
majority vote 2.84.060
quorum 2.84.040
Office, term 2.84.020
Powers, duties 2.84.080
Record of proceedings 2.84.070
624-1 ca,~rooo 6-00>
PEDDLER
PEDDLER
Business license
See also BUSINESS LICENSE
fee 5.04.400
operation 5.28.060
Temporary parking 11.24.220
Toxic gas storage, use 16.42.060
Trees
PENALTY
Code violation 1.12.010
Nuisance abatement 1.12.030
Separate offense 1.12.020
PERFORMANCE
Business license
See also BUSINESS LICENSE
fee 5.04.340
PERMIT
See also BUSINESS LICENSE
LICENSE
Advertisement, handbill distribution 10.52.030
Alcoholic beverages, gasoline concurrent sales
5.44.030
Animal
dangerous, vicious 8.08.085, 8.08.460
establishment 8.08.380
vicious 8.08.085, 8.08.460
Bingo 5.32.190
Encroachment 14.08.030
Explosives 10.20.010
Firearm 10.76.010
Fire code, designated activities 16.40.090
Grading 16.08.030
Moving buildings 16.36.020
Newsrack 10.21.080
Off-street vehicle 11.10.011
Parade 10.44.030
Park, building 13.04.140
Parking
See PARKING
Private patrol 5.24.020
Restaurant, food establishment 9.04.020
Sign 17.12.020
Solicitor identification 5.20.030
Swimming pool 16.32.070
Taxicab
driver 5.28.160
care 14.12.060
heritage tree removal 14.18.120
removal from street area 14.12.085
Watercourse, discharge into, NPDES permit
9.18.080
Water system connection 15.12.080
PERSONNEL
Accruals credits, retained 2.52.080
Authority
city manager 2.52.100
council 2.52.090
Child care expense reimbursement, granted
specified officers 2.72.010
City
rights 2.52.310
Communication with
See COMMTJNICATION WITH CITY
OFFICIALS
Council, rights, powers 2.52.350
Definitions 2.52.290
Employee organization
appropriate unit determination 2.52.470
formal recognition petition 2.52.450
representative determination 2.52.480
rights 2.52.300
Employer-employee relations 2.52.280
Employment continuation 2.52.490
Federal, state, city laws, authority 2.52.340
Grievance processing procedure 2.52.420
Impasse procedures 2.52.410
Jurisdiction A
classification plan
provisions included 2.52.160
purpose 2.52.140
scope of coverage, adoption 2.52.150
pay plan 2.52.180
Jurisdiction B
provisions included 2.52.240
purpose 2.52.220
scope of coverage, adopted 2.52.230
1)43 (Cupertino 6-00)
PERSONNEL
Jurisdiction C
provisions included 2.52.270
purpose 2.52.250
scope of coverage, adopted 2.52.260
Jurisdictions
designated 2.52.040
exclusions 2.52.050
exemptions 2.52.060
Legislative intent 2.52.030
Meet and confer in good faith
advance notice required 2.52.440
exclusions 2.52.400
memorandum of understanding 2.52.430
scope 2.52.380
Municipal employee relations officer designated
2.52.320
Purpose 2.52.010
Repeal of prior provisions 2.52.070
Retirement
See Specific Subject
Purpose
Rules, regulations
adoption 2.52.330
adoption, effectiveness 2.52.130
scope, applicability 2.52.120
State law applicability 2.52.370
System adopted 2.52.020
Written agreements, effect 2.52.360
PISTOL
See FIREARM
PLANNING COMMISSION
Chairman, election 2.32.040
Established 2.32.010
Fences, location, height determination
16.28.030
Flood area appeal duties 16.52.030
Meetings
amendments, records required 2.32.060
procedure 2.32.050
Member
term of office 2.32.020
vacancy, removal 2.32.030
Powers, functions 2.32.070
Froceduralrules 2.32.080
Sign provision duties
permit
application review 17.12.060
review 17.12.030
sign modification 17.12.070
PLANNING DIRECTOR
Bingo permit applicant investigation 5.32.220
Flood azea authority 16.52.021
PLUMBING CODE
Adopted 16.20.010
Amendments, Section 807.2 16.20.080
Appendix chapters adopted 16.20.090
Board of appeals 16.20.120
Condensate disposals 16.20.080
Fees schedule 16.20.110
Hearings 16.20.100
Name substitution 16.20.020
Violation, penalty 16.20.100
POLICE
See SHERIFF
POLICE ALARM
See ALARM
POLLUTION
See WATERCOURSE POLLUTION
PREVENTION
PRELIMINARY SOIL REPORT
See BUILDING
PRIVATE SCHOOL
Business license
See also BUSINESS LICENSE
fee 5.04.420
PROPERTY MAINTENANCE
City powers 9.22.050
Exemptions from provisions 9.22.030
Franchise Tax Board, notice 9.22.060
Nuisance declared 9.22.040
(Cupertino 6-00) 644
PROPERTY MAINTENANCE
Prohibited acts 9.22.020
Purpose of provisions 9.22.010
PUBLIC SAFETY COMMISSION
Compensation, expenses 2.60.050
Duties, responsibilities 2.60.070
Effect 2.60.080
Established 2.60.010
Meetings, quorum, officers, staff 2.60.040
Members
term of office 2.60.020
vacancy removal 2.60.030
Records required 2.60.060
PUBLIC WORKS CONTRACTS
Award, criteria
lowest bid rejection, effect 3.23.100
lowest responsible bidder 3.23.070
Bid
competitive, required when 3.23.030
exempt activities designated 3.23.130
informal procedure when 3.23.120
invitation, notice, contents 3.23.040
opening, procedure 3.23.060
presentation, security, requirements 3.23.050
rejection, identical, absence, effect 3.23.110
Bond requirements 3.23.140
Definitions 3.23.020
Lowest responsible bidder
See Award, criteria
Proceeds, deposit, use 3.23.150
Purpose of provisions 3.23.010
Security
See also Bid
forfeiture when 3.23.080
Work
additional, procedure when 3.23.160
deletion permitted when 3.23.170
PUBLIC WORKS DEPARTMII~iT
See DEPARTMENTAL ORGANIZATION
PUBLIC WORKS DIRECTOR
Storm drainage service chazge
collection duties 3.36.080
measurement, analysis methods report duties
3.36.060
premises inspection authority 3.36.190
PURCHASING
See also EQUIPMENT, SURPLUS, SALE
PUBLIC WORKS CONTRACTS
Administration, scope, authority 3.22.030
Contract
See also PUBLIC WORKS CONTRACTS
bid, awazd procedures 3.22.060
Definitions 3.22.020
Exemptions
See Public agencies, exemptions when
Funds availability required 3.22.050
Public agencies, exemptions when 3.22.070
Purchase order, request, petty cash required
3.22.040
Purpose of provisions 3.22.010
PURCHASING OFFICER
Contract awazd authority 3.22.060
Designated 3.22.020
Powers, duties generally 3.22.030
- Q -
QUARANTINE
See ANIMAL
- R -
RECORDER, COUNTY
Documentary stamp tax administrator 3.04.090
REFUSE
See GARBAGE
RENTAL DISPUTE MEDIATION
Appeal 2.78.080
Enforcement 2.78.090
Purpose of provisions 2.78.010
Subpoena
application
contents 2.78.050
x)45 (Cupertino 6-00)
RENTAL DISPUTE MEDIATION
procedure 2.78.040
form, serving 2.78.060
issuance
authority 2.78.020
findings required 2.78.070
restrictions 2.78.030
RESOLUTION
See also ORDINANCE
Money payment, adoption 2.12.030
Official forms 2.12.070
RESTAURANT
Definitions 9.04.010
Food, unwholesome, destruction authority 9.04.100
Meat
inspection required 9.04.110
manufacturing requirements 9.04.120
Permit
application, issuance 9.04.030
denial 9.04.050
fee 9.04.040
nontransferable 9.04.070
required 9.04.020
revocation, suspension 9.04.060
Prima facie evidence 9.04.090
Rules, regulations 9.04.080
Smoking
See SMOKING
Violation, penalty 9.04.130
REST HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
RETAINING WALL
See EXCAVATION, GRADING, RETAINING
WALLS
RETIREMENT SYSTEM
See PERSONNEL
REVENUE
See TAX
RIGHT OF ENTRY
See INSPECTION
ROLLER SKATES
Defined 11.08.014
Prohibited where 11.08.270
Violations, penalties 11.08.280
-S-
SALE OF SURPLUS SUPPLIES, EQUIPMENT
See EQUIPMENT, SURPLUS, SALE
SALES AND USE TAX
Administration, state contract 3.08.050
Collection, enjoining prohibited 3.08.160
Exemptions, exclusions 3.08.120
Operative date 3.08.030
Purpose 3.08.040
Rate 3.08.020
Sales
place, consummation 3:08.070
tax, imposed 3.08.060
Short title 3.08.010
State code
additional permits not required 3.08.110
amendments, chapter applicability 3.08.150
limitations 3.08.100
provisions adopted 3.08.090
Use tax, imposed 3.08.080
Violation, penalty 3.08.170
SALESPERSON
Business license
See also BUSINESS LICENSE
fee 5.04.290
SAN JOSE WATERWORKS
See FRANCHISE
SEASONAL LOT
Business license
See also BUSINESS LICENSE
fee 5.04.330
(C~pertiao 6-00) ~(
SECONDHAND DEALER
SECONDHAND DEALER
Applicability of provisions 5.40.010
Definitions 5.40.020
Inspection authority 5.40.030
SEISMIC SAFETY
See TOXIC GASES
SEWER
See also SUBDIVISION
WATER
WATER POLLUTION
PREVENTION
Abandoned system 15.20.140
Appeals, generally 15.20.190
Applicability of provisions 15.20.010
Alteration, permit required 15.20.070
Building permit issuance requirements 15.20.100
Definitions 15.20.020
Enforcement authority designated 15.20.170
Failing system, correction responsibilities
15.20.130
Installation, construction, alteration
inspections 15.20.110
state contractor's license required 15.20.090
Liability disclaimer 15.20.160
New construction, permit required 15.20.060
Nuisance declarations 15.20.120
Permit required
alterations 15.20.070
new construction 15.20.060
septic tanks 15.20.080
Private system requirements 15.20.040
Purpose of provisions 15.20.010
Sanitary sewer, public, required, exceptions
15.20.030
Septic tank requirements 15.20.080
Soil tests 15.20.050
State contractor's license required when 15.20.090
Violations
designated 15.20.180
recording notice 15.20.150
SHEEP
See ANIMAL
SHERIFF
Bingo
inspection 5.32.180
permit applicant investigation 5.32.210
Private patrol
identification card issuance 5.24.130
permit application approval 5.24.040
uniform, equipment approval, inspection
5.24.120
SHOPPING CENTER
See also TRESPASSING
Free speech activity restrictions 10.56.040
SIDEWALK
See STREETS AND SIDEWALKS
SIGN
Abandoned, discontinued sign 17.52.030
Appeal 17.52.090
Beverage container recycling sign 17.24.270
Changeable copy sign regulations 17.24.160
Compliance required 17.12.010
Construction, maintenance standards 17.24.250
Cost recovery 17.52.060
Definitions 17.08.010
Design criteria 17.24.180
Enforcement of provisions 17.52.010
Exception
appeal 17.44.080
application, fee 17.44.020
approval conditions 17.44.040
authority 17.44.010
expiration 17.44.070
report 17.44.090
review
decision 17.44.050
generally 17.44.030
revocation grounds, notice 17.44.060
Exempt sign, designated 17.16.010
Freeway oriented sign regulations 17.24.170
Ground sign regulations
content 17.24.130
gasoline service station provision 17.24.140
location 17.24.120
maximum number 17.24.100
647 (Cupertino 6-00)
SIGN
size 17.24.110
Illegal sign
deemed nuisance 17.52.070
notice, removal 17.52.040
storage 17.52.050
Inspection 17.12.100
Lighting restrictions 17.24.190
Modification 17.12.070
Nonconforming sign regulations 17.52.020
Obstruction prohibited 17.24.210
Permit
appeal, exception 17.12.090
application
approval, permit issuance 17.12.080
approval process 17.12.110
form, contents 17.12.040
new development, timing requirement
17.12.050
review criteria 17.12.060
required 17.12.020
review, required when
17.12.030
revocation
authority 17.12.120
grounds 17.12.130
hearing 17.12.140
Program
information requirements 17.24.030
required when 17.24.020
Prohibited, designated 17.20.010
Purpose of provisions 17.04.020
Readerboard sign, electronic 17.24.150
Regulations by district, on file 17.24.260
Removal
See Illegal sign
Residential district regulations
development identification sign 17.24.240
signs near district 17.24.220
street numbers, name plates 17.24.230
Savings clause 17.04.030
Scope of provisions 17.24.010
Special planning district regulations 17.24.040
Statuary 17.24.200
Temporary sign regulations
flag 17.32.020
garage sale 17.32.030
location 17.32.010
political sign 17.32.040
project announcement 17.32.050
real estate sign
generally 17.32.070
residential 17.32.060
special event sign, promotional device required
17.32.090
subdivision directional sign 17.32.080
summary of provisions 17.32.110
window sign 17.32.100
Title of provisions 17.04.010
Violation, penalty 17.52.080
Wall sign regulations
commercial, industrial districts 17.24.060
location 17.24.080
maximum number 17.24.050
office, institutional districts 17.24.070
window sign, permanent 17.24.090
SKATEBOARDS
Defined 11.08.015
Prohibited where 11.08.270
Violations, penalties 11.08.280
SMALL-INCOME BUSINESS
Business license
See also BUSINESS LICENSE
fee 5.04.450
(Cupertino 6-00) 648
VEHICLE
VEHICLE
See also PARKING
TRAFFIC
Abandoned
abatement
V - VENDING MACHINE
Business license
See also BUSINESS LICENSE
fee 5.04.360
authority 11.04.050
compliance time limit 11.04.091
cost recovery, generally 11.04.092
cost recovery, repeat violation 11.04.150
notice 11.04.060
definitions 11.04.011
disposition
final 11.04.140
notice 11.04.110
procedure 11.04.120
enforcement of provisions 11.04.040
hearing
procedure 11.04.090
when 11.04.070
nuisance 11.04.031
prohibitions
designated 11.04.019
exceptions 11.04.020
purpose of provisions 11.04.010
reconstruction 11.04.130
Animal transport in
See ANIMAL
Bicycle
See BICYCLE
Off-street
See OFF-STREET VEHICLES
Overweight, special permit
appeals 11.37.070
applicability 11.37.020
application
contents 11.37.030
fee 11.37.040
issuance 11.37.050
limitations, restrictions, imposition 11.37.060
purpose of provisions 11.37.010
Peddler, restrictions 5.20.120
Taxicab
See TAXICAB
VENDORS, MOBII.E
Exemptions 5.48.060
Location restrictions 5.48.050, 5.48.070
Operating regulations 5.48.080
Permit
application, issuance 5.48.030
fees 5.48.040
required 5.48.020
revocation, suspension 5.48.090
Purpose of provisions 5.48.010
Violation, penalty 5.48.100
-W
WASTE
See GARBAGE
WATERCOURSE POLLUTION
PREVENTION
WATER
See also FRANCHISE
SEWER
WATERCOURSE POLLUTION
PREVENTION
Conservation
definitions 15.32.020
emergency shutoff 15.32.050
findings 15.32.010
prohibited acts 15.32.030
violation, penalty 15.32.060
Rates, charges
appeals 15.04.050
definitions 15.04.010
determination criteria 15.04.020
establishment procedure 15.04.030
exceptions generally 15.04.040
imposition authority 15.04.020
modifications, establishment procedure
15.04.030
pass-throughs authorized when 15.04.040
661 (Cupertino 6-00)
WATERCOURSE POLLUTION PREVENTION
WATERCOURSE POLLUTION PREVENTION
Definitions 9.18.020
Dischazges
accidental discharge
notice, statement requirements 9.18.070
prevention, facilities, requirements 9.18.060
permitted, NPDES permit required 9.18.080
restrictions, prohibitions generally 9.18.040
storm drain
See also Specific Subject
connection required 9.18.030
violation
See also Violation
nuisance when 9.18.050
Nonpoint source pollution dischazge 9.18.010
NPDES permit
See Dischazges
Purpose of provisions 9.18.010
Storm drain
discharge regulations 9.18.030
Violation
See also Discharges
administrative penalties 9.18.130
civil penalties
illicit discharges 9.18.110
provisions, permit violation 9.18.100
misdemeanor 9.18.090
notice, contents 9.18.120
WEAPON
See FIREARM
WEEDS
See also PROPERTY MAINTENANCE
Abatement
assessment
collections as tax 9.08.100
hearing 9.08.090
notice, posting, mailing 9.08.080
responsibility 9.08.070
authority, procedure 9.08.060
hearing 9.08.050
notice
form designated 9.08.030
mailing 9.08.040
property damage, notice of improvements
9.08.110
Defined, prohibited 9.08.010
Nuisance, abatement required 9.08.020
WIRELESS COMMUIVICATTONS FACILITIES
See ZONING
- Z -
ZONING
A-1 zone
applicability of provisions 19.20.020
conditional uses 19.20.040
designated 19.12.010
interpretation of provisions 19.20.090
permitted uses 19.20.030
prohibited uses 19.20.050
purpose 19.20.010
site development regulations 19.20.060
solar designs 19.20.080
yard regulations 19.20.070
Accessory building, structure
applicability of provisions 19.80.010
generally 19.80.020
second story deck exception 19.80.040
Accessory facilities
A-1 zone 19.20.030
A zone 19.16.030
GC zone 19.56.030
OA zone 19.76.030
PR zone 19.68.030
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
Administrative and professional office zone
See OA zone
Administrative office
OA zone 19.76.030
Adoption of provisions 19.04.010
Adult oriented commercial activities
applicability of provisions 19.104.020
purpose 19.104.010
~cuP~~;no 6-00~ 662
ZONING
regulations
concentration of activities 19.104.030
proximity to residential, public, quasi-public
uses 19.104.040
Agricultural-residential zone
See A-1 zone
Agricultural uses
PR zone 19.68.030
Agricultural zone
See A zone
Airport
T zone 19.64.060
Air sports field
FP zone 19.72.040
Amendment
boundary changes
action by director 19.120.050
action by planning commission 19.120.070
application by city 19.120.040
application by owner 19.120.030
generally 19.04.080, 19.120.020
hearing, notice 19.120.060
generally 19.120.010
Amusement pazk
FP zone 19.72.040
Animal
breeding
A-1 zone 19.20.030, 19.20.040
A zone 19.16.030
clinic, hospital
ML zone 19.60.030
keeping
A-1 zone 19.20.030
A zone 19.16.030
RHS zone 19.40.030, 19.40.040
RIC zone 19.44.040
Antenna
See Wireless communications facilities
Apiary
A-1 zone 19.20.040
A zone 19.16.030
Appeal
action
city council 19.136.050
planning commission 19.136.040
azchitectural, site review decisions 19.134.070
filing procedures 19.136.020
generally 19.136.010, 19.136.060
hearing, notification 19.136.030
Appliance rental, sales
NII, zone 19.60.030
Arboretum
A-1 zone 19.20.030
A zone 19.16.030
Archery practice range
FP zone 19.72.040
Architectural, site review
appeals generally 19.134.070
application
consideration notice 19.134.060
director actions 19.134.050
findings, conditions required for approval
19.134.090
limitations designated 19.134.080
requirements 19.134.040
design review committee authority 19.134.020
extensions of approval 19.134.100
NII. zones 19.60.090
planning commission authority, duties
19.134.030
purpose of provisions 19.134.010
R-2 zones 19.32.090
R-3 zones 19.36.080
reports required 19.134.110
revocations of approval 19.134.100
Assembly
ML, zone 19.60.030
Athletic field
FP zone 19.72.040
Auction house
ML zone 19.60.030
Automobile rental
ML zone 19.60.030
Automobile sales
NII. zone 19.60.030
Automobile service station
ML zone 19.60.040
Automobile washing facility
ML zone 19.60.040
663 cc~~r;oo e-oo>
ZONING
A zone
applicability of provisions 19.16.020
conditional uses 19.16.040
designated 19.12.010
interpretation of provisions 19.16.090
permitted uses 19.16.030
purpose 19.16.010
site development regulations 19.16.060
solaz designs 19.16.090
yard regulations 19.16.070
Bank
CG zone 19.56.030
Barn
A-1 zone 19.20.030
A zone 19.16.030
BA zone
applicability of provisions 19.64.020
designated 19.12.010
development plan required 19.64.070
permitted uses 19.64.030
purpose 19.64.010
site development regulations 19.64.090
Beverage container redemption, recycling center
See Recycling center
Bicycle motocross
FP zone 19.72.040
Billiards
FP zone 19.72.040
Boat rental
NII. zone 19.60.030
Boat sales
NII. zone 19.60.030
Boneyazd
A zone 19.16.050
Botanical conservatory
A-1 zone 19.20.030
A zone 19.16.030
Bowling
FP zone 19.72.040
BQ zone
applicability of provisions 19.64.020
conditional uses 19.64.050
designated 19.12.010
development plan required 19.64.070
permitted uses 19.64.040
purpose 19.64.010
site development regulations 19.64.090
Building materials sales
ML zone 19.60.030
Bus station, terminal
T zone 19.64.060
Business office
CG zone 19.56.030
Business service
CG zone 19.56.030
Cabinet shop
MI. zone 19.60.030
Carpenter shop
ML zone 19.60.030
Caterer
ML zone 19.60.040
Cattle farm
A zone 19.16.050
Cemetery
A-1 zone 19.20.040
A zone 19.16.040
CG zone
applicability of provisions 19.56.020
conditional uses 19.56.040
designated 19.12.010
new development, conditional use permit
requirements 19.56.060
permitted uses 19.56.030
prohibited uses 19.56.050
purpose 19.56.010
site development regulations 19.56.070
Changes
action 19.120.100
procedure 19.120.080
review 19.120.090
Child day caze facility
BQ zone 19.64.050
R-3 zone 19.36.040
Civic organization
BQ zone 19.64.050
Club
BQ zone 19.64.050
CG zone 19.56.030
(a,per6no 6-00) 664
ZONING
change to other than conforming use prohibited Parking
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 shazed pazking 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
ML 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
permitted 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 parking 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 Permitted uses
See OS zone A-1 zone 19.20.030
Orchard 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
ML zone 19.60.030 RHS zone 19.40.030
Park 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 (Cupertino 6-00)
ZONING
Pets Quarry
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 exception procedures 19.28.100
OS zone 19.24.040 interpretation of provisions 19.28.120
Pond landscape mitigation measures 19.28.130
OS zone 19.24.040 lot 19.28.060
Pool permitted uses 19.28.030
OS zone 19.24.040 privacy protection
Poultry raising, hatchery planting affidavit 19.28.150
A-1 zone 19.20.040 release measures 19.28.140
A zone 19.16.030 purpose 19.28.010
Prezoning 19.120.110 site development regulations 19.28.050
Privacy protection solar design 19.28.110
R-1 zone 19.28.060 yard 19.28.070
Private recreation zone R-2 zone
See FP zone applicability of provisions 19.32.020
Processing architectural, site review 19.32.090
ML zone 19.60.030 building coverage, setbacks 19.32.070
Professional office conditional uses 19.32.040
CG zone 19.56.030 designated 19.12.010
OA zone 19.76.030 height 19.32.050
Prohibited uses lot 19.32.060
A-1 zone 19.20.030 permitted uses 19.32.030
A zone 19.16.050 purpose 19.32.010
CG zone 19.56.050 yard 19.32.080
FP zone 19.72.070 R-3 zone
ML zone 19.60.050 applicability of provisions 19.36.010
PR zone architectural, site review 19.36.080
applicability of provisions 19.68.020 conceptual development plan required
designated 19.12.010 19.36.050
park master plan required 19.68.040 conditional uses 19.36.040
permitted uses 19.68.030 designated 19.12.010
purpose 19.68.010 parking 19.36.070
Public building zone permitted uses 19.36.030
See BA zone
Purpose of provisions 19.04.010
(Cupertino 6-00) 6~]Q