1999 NovemberSUPPLEMENT
INSERTION GUIDE
CUPERTINO MUNICIPAL CODE
November, 1999
(Covering Ordinances through 1836)
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 tie retained as a permanent record of pages
supplemented and should be inserted in the front of the code.
Remove Pages Insert Page::
Preface ............... Prefacf;
Checklist i-v .....Checklist i-v
TEXT
313-314 ........... 313-31 ~G
318-1 ................. 318-].
378-1-378-4 .... 378-1-378-4~i
445----448 ........... 445---44 f i
5 88-9-5 88-12.8 ........... .
........... 588-9-588-12.1 J.
Remove Pages Insert Pages
TABLES
614-13 ............... 614-13
INDEX
625-627 ........... 625-627
669-670 ......... 669-670-1
PRl~;FACE
The Cupertino Municipal C~xle, originally published by Book
Publishing Company in 1973, has been kept current by regulaz
supplementation.
During original codification, the ordinances were compiled,
edited and indexed by the editorial staff of Book Publishing
Company under the directior.~ of Mr. David H. Adams, city
attorney.
The code is organized by subject matter under an expandable
three-factor decimal numbering system which is designed to
facilitate supplementation without disturbing the numbering of
existing provisions. Each section number designates, in se-
quence, the numbers of the title, chapter, and section. Thus,
Section 17.12.050 is Section .050, located in Chapter 17.12 of
Title 17. In most instances, sections aze numbered by tens (.010,
.020, .030, etc.), leaving nine ~~acant positions between original
sections to accommodate future provisions. Similazly, chapters
and titles are numbered to provide for internal expansion.
In pazentheses following each section is a legislative history
identifying the specific sources for the provisions of that
section. This legislative history is complemented by an ordi-
nance disposition table, following the text of the code, listing by
number all ordinances, their sllbjects, and where they appeaz in
the codification.
Footnotes referring to apF~licable statutory provisions are
located throughout the text. A subject-matter index, with
complete cross-referencing, locates specific code provisions by
individual section numbers.
This supplement brings the; code up to date through Ordi-
nance 1836, passed September 7, 1999.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(C~pertino 11-99)
CHECKLIST
CUPERTINO N[UNICIPAL CODE
This checklist is included to provide a positive means for ascertaining whether your code contains all
current pages. After insertion of the 11-99 supplement, the Cupertino Municipal Code should contain the pages
indicated below. Wherever there is a dash page, it leas been listed individually.
Page Number Date
Title 1:
1 .............................. 1-95
3-6 ............. . . . .......... 12-95
7-10 .......................... 11-98
10-1 ........................... 11-98
11-15 ......................... 12-95
Title 2:
17-20 .......................... 8-99
20-1-20-4 .................. . • . - . 8-99
20-4a ........................... 8-99
20-5-20-6 ....................... 8-97
21-22 .......................... 6-99
22a ............................ 6-99
22-1-22-3 ...................... 12-95
23-24 .......................... 8-99
24a-24b ........................ 1-95
25-30 ......................... 12-95
31-34 .......................... 8-98
35-51 ......................... 12-95
52/5 8 .......................... 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 ..................... 8-99
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
78/86 ........................... 8-99
Title 6:
143-15 0 ........................ 5 -96
151 ........................... 12-96
152/ 156 ........................ 12-96
157-15 8 ....................... 10-93
1 (Cupertino 11-99)
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
25 8 -1 ........................... 9 - 92
Page Number Date
25 9-274 ....................... 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 ....................... 11-97
296-1 .......................... 12-87
297/299 ........................ 11-86
301-304 ....................... 12-96
305-308 ....................... 11-97
309 ........................... 12-96
311-312 ........................ 3-87
313-314 ....................... 11-99
315-316 ........................ 6-99
317-318 ........................ 2-97
318-1 .......................... 11-99
319-320 ....................... 12-96
320a ............................ 5-95
320-1-320-2 ..................... 5-98
3 20-3 ........................... 5 -96
321-322 ........................ 9-89
322-1 ........................... 9-89
323-324 ....................... 12-87
325-326 ....................... 11-86
327-328 ....................... 11-97
329-332 ....................... 12-96
332-1 .......................... 12-96
333-334 ....................... 11-86
334-1-334-3 .................... 12-96
335-338 ..................... (no date)
339-340 ....................... 12-96
340-1 ........................... 3-88
341-342 ....................... 12-87
342-1-342-2 .................... 12-96
(Cupertino 11-99) 11
Page Number Date
Title 12:
343 ......................... (no date)
Title 13:
345-354 ..................... (no date)
Title 14:
355 ........................... 12-96
357- 358 ... ..................... 8-94
359- 360 ... ..................... 3-89
360-1 ...... ..................... 3-89
361- 362 ... ..................... 8-94
362a ....... ..................... 8-94
362-1 -362-2 ..................... 2-93
363- 366 ... ..................... 8-94
366-1 -366-2 ..................... 8-94
367- 368 ... .................. (no date)
368-1 -368-4 .................... 12-96
369-372 ... .................. (no date)
373- 376 ... .................... 12-96
376-1 -376-2 .................... 12-96
376-2a ..... .................... 12-96
376-3 -376-4 ..................... 4-94
377- 378 ... .................... 12-96
378-1 -378-4 .................... 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
421138 ........................ 5-98
439-443 ........................ 8-99
445---448 ....................... 11-99
448-1 ........................... 5-98
449-454 ....................... 10-93
455-~58 ........................ 5-98
Page Number Date
45 9-464 ........................ 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
464-5-464-12 ................... 10-90
465-467 ........................ 5-98
468/474 ......................... 5-98
474-1-474-2 ..................... 3-88
475-476 ........................ 5-98
477-480 ........................ 8-99
480-180-2 ..................... 8-99
Title 17:
481 ............................ 8-98
483-484 ........................ 8-97
485-488 ....................... 10-93
489-490 ........................ 5-96
49192 ....................... 11-98
492-1 .--• ...................... 11-98
493---494 ....................... 12-94
494-1 .......................... 12-94
495-498 ....................... 11-98
498-1 .......................... 11-98
499-500 ........................ 8-97
501-502 ....................... 11-98
503-504 ........................ 8-98
505/515 ........................ 12-96
Title 18:
517-568 ....................... 12-95
568-1-568-6 .................... 12-95
Title 19:
569-570 ........................ 8-98
571-572 ....................... 12-94
573-578 ........................ 8-98
579-5 80 ........................ 4-99
581-586 ........................ 8-98
5 87-5 88 ........................ 2-93
588-1-588-4 ..................... 7-95
5 88-5-5 88-6 ..................... 8-99
588-6a-588-6b .................... 7-95
111 (Cupertino i1-99)
Page Number Date
588-7-588-8 ..................... 4-94
5 8 8 -9-5 8 8-12 ................... 11-99
5 88-12.1-5 8 8-12.11 ............... 11-99
588-12a-588-12b .................. 8-98
5 88-13 .......................... 8-98
588-14a-588-14b .................. 5-98
588-14c ......................... 7-95
5 8 8-15-5 8 8 -16 ................... 2-93
588-17-588-18 .................. 12-96
588-19-588-22 ................... 8-96
588-22a-588-22b .................. 8-98
588-22c-588-22d ................. 12-96
588-23-588-24 ................... 7-95
588-24a-588-24b .................. 7-95
588-25-588-26 .................. 12-93
588-27-588-28 ................... 4-94
588-29-588-32 ................... 8-98
588-33-588-34 .................. 12-96
588-35-588-36 ................... 8-98
588-36a-588-36b .................. 6-99
588-37 .......................... 6-99
588-38a ......................... 8-98
588-39-588-42 ................... 5-98
588-42a ......................... 5-98
588-43-588-44 ................... 8-98
588-45-588-48 ................... 2-93
588-49-588-50 ................... 8-98
588-SOa-588-SOb .................. 6-99
588-51-588-52 ................... 8-99
588-52a-588-52d ................. 12-96
588-52e-588-52h .................. 5-95
588-52i-588-52j .................. 12-96
588-53-588-54 ................... 6-99
588-55-588-58 ................... 8-98
588-58a ......................... 8-98
588-59-588-60 ................... 2-93
588-61-588-62 .................. 12-93
588-63-588-64 ................... 4-94
588-65 ................... . . . . ... 4-99
588-66/588-68 ..................... 4-99
588-69-588-72 ................... 2-97
588-72a-588-72c .................. 2-97
588-73-588-74 ................... 4-99
Page Number Date
588-74a -588-74b ................. 12-96
588-75- 588-76 ................... 2-97
588-76a-588-76c .................. 2-97
588-77- 588-78 ................... 2-93
588-79- 588-80 .................. 12-96
588-81- 588-86 ................... 2-93
588-87- 588-88 .................. 12-96
588-89- 588-90 ................... 2-93
588-91- 588-94 ................... 6-99
588-95- 588-100 ................... 8-98
588-100a-588-100b ................ 5-98
Title 20:
588-101 ........................ 12-94
588-103-588-106 ................. 12-96
Tables:
589-590 ........................ 5-96
591-592 ........................ 5-98
593-594 ........................ 2-93
595-599 ....................... 12-96
601-614 ........................ 5-98
614-1-614-4 ..................... 5-98
614-5-614-8 ..................... 8-98
614-9-614-12 .................... 8-99
614-13 ......................... 11-99
Index:
615-616 ....................... 12-96
617-618 ........................ 5-98
61920 ........................ 8-99
62122 ........................ 8-97
623-624 . . . ..................... 8-99
625-~27 ....................... 11-99
629/631 ......................... 3-96
63 3-b 3 8 ....................... 12-96
639-640 ........................ 8-99
640-1 ........................... 8-99
641 ~i42 ....................... 12-96
643-646 ........................ 8-99
647-b48 ....................... 11-98
648-1 ........................... 5-98
649-651 ....................... 12-96
(Cupertino 11-99) jy
Page Number Date
652/654 ........................ 12-96
65 5-65 8 ........................ 5 -98
659-660 ........................ 8-99
661-662 ........................ 6-99
663-664 ........................ 8-98
665-666 ........................ 6-99
667-668 ........................ 8-98
669-670 ....................... 11-99
670-1 .......................... 11-99
671-673 ........................ 8-98
v
(Cupertino 11-99)
11.24.110
paint on the curb or edge of the paved portion of
the street adjacent to the space. In addition to blue
paint, the space may also be indicated by signs or
other suitable means. (Ord. 843 § 9.7, 1977)
11.24.120 Prohibited in parkways.
No person shall stop, stand, or pazk a vehicle
within any pazkway. (Ord. 843 § 5, 1977)
11.24.130 Prohibited for more than
seventy-two hours.
No person who owns or has in his possession,
custody, or control any vehicle or trailer shall pazk
such vehicle or trailer upon any public street or
alley for more than a consecutive period of seventy-
two hours. (Ord. 843 § 6, 1977)
11.24.140 Parking for purposes of display,
servicing, or repairing.
A. No person shall pazk a vehicle upon any
roadway or on any private property or private road-
way without the express written permission of the
owner of such property, for the principal purpose of:
1. Displaying such vehicle for sale; or
2. Servicing or repairing such vehicle, except
when necessitated by an emergency.
B. Violation of this provision shall constitute an
infraction, and shall subject the registered owner of
such vehicle to the penalties as prescribed by Chap-
ter 1.12 of the Cupertino Municipal Code. Each day
the violation continues constitutes a new offense.
This section shall not constitute the exclusive means
of enforcement of vehicles or parts thereof which
have been stored, pazked, placed, or abandoned on
public or private roadways and private property
within the City limits. (Ord. 1394 §§ 1 (part), 2,
1986: Ord. 1380 §§ 1, 2, 3, 4, 1986: Ord. 843 § 8,
1977)
11.24.150 Parking prohibited along certain
streets.
No person shall stop, stand, or pazk any vehicle
as defined in the Vehicle Code of California on any
day on any of the following streets or portions of
streets within the City, as set out in Table
11.24.150. (Ord. 1836, 1999; Ord. 1806, 1999; Ord.
1743, 1996; Ord. 1741, 1996; Ord. 1729, 1996; Ord.
1727, 1996; Ord. 1724 (part), 1996; Ord. 1683
(part), 1995; Ord. 1605, 1992; Ord. 1589, 1992;
Ord. 1578, 1992; Ord. 1577, 1992; Ord. 1564, 1991;
Ord. 1562, 1991; Ord. 1553, 1991; Ord. 1547 (part),
1991; Ord. 1521, 1990; Ord. 1467, 1988; Ord. 1455,
1988; Ord. 1454, 1988; Ord. 1446, 1988; Ord. 1439,
1988; Ord. 1428, 1987; Ord. 1423, 1987; Ord. 1419
(part), 1987; Ord. 1409 (part), 1987; Ord. 1405
(part), 1987; Ord. 1397, 1987; Ord. 1395, 1986;
Ord. 1390 (part), 1986; Ord. 1388, 1986; Ord. 1357,
1986; Ord. 1351, 1986; Ord. 1338, 1986; Ord. 1325,
1985; Ord. 1304, 1985; Ord. 1302, 1985; Ord. 1189
(part), 1984; Ord. 1285, 1984; Ord. 1276 (part),
1984; Ord. 1266, 1984; Ord. 1245 (part), 1983; Ord.
1221, 1983; Ord. 1218, 1983; Ord. 1203 (part),
1982; Ord. 1178, 1982; Ord. 1172 (part), 1982; Ord.
1170, 1982; Ord. 1156, 1982; Ord. 1152 (part),
1981; Ord. 1151 (part), 1981; Ord. 1148, 1981; Ord.
1140, 1981; Ord. 1129, 1981; Ord. 1124 (part),
1981; Ord. 1118 (part), 1981; Ord. 1115, 1981; Ord.
1097, 1981; Ord. 1072, 1980; Ord. 1069, 1980; Ord.
1058, 1980; Ord. 1025, 1980; Ord. 1001, 1980; Ord.
993, 1980; Ord. 992, 1980; Ord. 980, 1980; Ord.
971 (part), 1980; Ord. 927, 1979; Ord. 908, 1979;
Ord. 899, 1978; Ord. 886 § 1, 1978; Ord. 873 § 2,
1978; Ord. 843 § 10.1, 1977)
11.24.160 Prohibited during certain hours.
No person shall stop, stand, or pazk any vehicle
as defined in the Vehicle Code of California on any
day except as herein provided on the streets, or
portions of streets, set out in Table 11.24.160, with-
in the City of Cupertino between the respective
hours set opposite the name of each street. (Ord.
1781, 1998; Ord. 1718 (part), 1996; Ord. 1683
(part), 1995; Ord. 1645, 1994; Ord. 1633, 1993;
Ord. 1547 (part), 1991; Ord. 1545, 1990; Ord. 1518,
1990; Ord. 1476 (part), 1988; Ord. 1427, 1987; Ord.
1422, 1987; Ord. 1392, 1986; Ord. 1390 (part),
1986; Ord. 1369, 1986; Ord. 1276 (part), 1984; Ord.
1265, 1984; Ord. 1264, 1984; Ord 1245 (part) 1983;
Ord. 1203 (part), 1982; Ord. 1172 (part), 1982; Ord.
1152 (part) 1981; Ord 1151 (part), 1981; Ord. 1135,
1981; Ord. 1124 (part), 1981; Ord. 1118 (part),
1981; Ord. 1074, 1980; Ord. 1007, 1980; Ord. 999
(part), 1980; Ord. 971 (part), 1980; Ord. 873 § 3,
1973; Ord. 843 § 10.2, 1977)
:313 cc~~~;oo i i-~>
TABLE 11.24.150
Sides of
Street Street Portion
Adriana Avenue North and South Between Mann Drive and a point 100 feet east thereof
Alhambra Avenue East Between University Way southerly to southern terminus
(approximately 1,162 feet)
Anton Way Both Between Stevens Creek Boulevazd and Alves Drive
Bandley Drive East and West Between Lazaneo Drive and a point 940 feet northerly
thereof
Bandley Drive Both Between Lazaneo Drive and a point 400 feet north of
Mariani Avenue
Bianchi Way West Between a point 30 feet south of Stevens Creek Boulevazd
and a point 166 feet south of Stevens Creek Boulevard
Blaney Avenue Both Between Villa De Anza Boulevard and Homestead Road
Blaney Avenue Both Between Stevens Creek Boulevazd and a point 450 feet north
thereof
Blaney Avenue East Between Bollinger Road and a point 155 feet north thereof
Blaney Avenue East Between Stevens Creek Boulevard and Price Avenue
Blaney Avenue West Between Stevens Creek Boulevard and a point 600 feet north
of Rodrigues Avenue
Blaney Avenue West Between Bollinger Road and a point 550 feet north thereof
Blaney Avenue West From Lucille Avenue and a point 350 feet south thereof
Blue Jay Drive East and West Between Homestead Road and a point ± 900 feet south, to
Northurst Drive
Bollinger Road North Between a point 286 feet west of Miller Avenue and a point
150 feet east of Hyde Avenue
(cnpeirino i ~-~> 314
TABLE 11.24..150 (Continued)
Street Sides of
Street
Portion
South Portal West Between Stevens Creek Boulevard and a point 120 feet
Avenue southerly
~, Stelling Road East Between Prospect Road and a point 80 feet north thereof
Stelling Road East Between Rainbow Drive and Squirehill Court
Stelling Road East From a point 170 feet northery of Westhill Lane for a dis-
tance of 800 feet thereof
Stelling Road East From a point 200 feet northerly of Erin Way and thence to
Alves Drive
Stelling Road East Between Greenleaf Drive and Homestead Road, all portions
currently or hereafter within the City limits
Stelling Road West Between a point 280 feet north of Lilac Way and Hazelbrook
Court
Stelling Road West Between a point 260 feet south of Orogrande Place and a
point 180 feet south thereof
Stelling Road West Between Gardena Avenue and Homestead Road, all portions
currently or hereafter within the City limits
Stevens Canyon East Between Santa Lucia Road and Road San Juan
Road
Stevens Canyon East McClella~7 Road to St. Andrews Avenue
Road
Stevens Canyon West From lOCi feet south to McClellan Road, to a point ± 170
Road feet southerly thereof
Steven Creek Both Between De Anza Boulevard and Bret Avenue, all portions
Boulevard currently or hereafter within the City limits
31.8-1 (Cupertino 11-99)
14.18.010
Chapter 14.18
HERITAGE AND SPECIMEN TREES
Sections:
14.18.010 Purpose.
14.18.020 Definitions.
14.18.030 Retention promoted.
14.18.040 Designation.
14.18.050 Heritage tree list.
14.18.060 Plan of protection.
14.18.070 Recordation.
14.18.080 Identification tag.
14.18.090 Application to remove.
14.18.100 Notice list to accompany
application.
14.18.110 Appeal.
14.18.120 Permit required for removal.
14.18.130 Enforcing authority.
14.18.140 Exemptions.
14.18.150 Application for permit.
14.18.160 Director to inspect.
14.18.170 Review of application.
14.18.180 Review standards.
14.18.190 Protection during construction.
14.18.200 Protection plan before permit
granted.
14.18.210 Applicant to guarantee
protection.
14.18.220 Notice of action on permit-
Appeal.
14.18.230 Penalty.
14.18.010 Purpose.
In enacting this chapter, the City of Cupertino
recognizes the substantial economic, environmental
and aesthetic importance of its tree population. The
City finds that the preservation of specimen and
heritage trees on private and public property, and
the protection of all trees during construction, is
necessary for the best interests of the City and of
the citizens and public thereof, in order to:
A. Protect property values;
B. Assure the continuance of quality develop-
ment;
C. Protect aesthetic and scenic beauty;
D. Assist in the absorption of rainwaters, thereby
preventing erosion of top soil, protecting against
flood hazards and the risk of landslides;
E. Counteract air pollutants by protecting the
known capacity of trees to produce pure oxygen
from carbon dioxide;
F. Maintain the climatic balance (e.g., provide
shade);
G. Help decrease potential damage from wind
velocities;
H. Protect specimen and heritage oak trees.
For the above reasons, the City finds it is in the
public interest, convenience and necessity to enact
regulations controlling the caze and removal of
specimen and heritage trees within the City in order
to retain as many trees as possible, consistent with
the individual rights to develop, maintain and enjoy
private and public property to the fullest possible
extent.
Specimen and heritage trees aze considered a
valuable asset to the community. The protection of
such trees in all zoning districts including residential
zones is intended to preserve this valuable asset.
(Ord. 1573 § 2, 1991: Ord. 1543 § 2, 1991)
14.18.020 Defimitions.
Unless otherwise stated, the following definitions
pertain to this chapter.
A. "City" means the City of Cupertino situated
in the County of Santa Claza, California.
B. "Developed residential" means any legal lot
of record, zoned single-family, duplex, agricultural
residential and residential hillside, with any structure
(principal or accessory) constructed thereon.
C. "Heritage tree" means any tree or grove of
trees which, because of factors including, but not
limited to, its historic value, unique quality, girth,
height or species, has been found by the Architec-
tural and Site Approval Committee to have a special
significance to the community.
D. "Oak tree" shall include all, trees of oak ge-
nus, including, but not limited to, the Valley Oak
(Quercus lobata) and California Live Oak (Quercus
agrifolia).
378-1 cGtipertino ~~-~>
14.18.020
E. "Owner" shall include the legal owner of real
property within the City, and any lessee of such
owner.
F. "Person" shall include an individual, a firm,
an association, acorporation, a co-partnership, and
the lessees, trustees, receivers, agents, servants and
employees of any such person.
G. "Private property" shall include all property
not owned by the City or any other public agency.
H. "Public property" includes all property owned
by the City or any other public agency.
I. "Specimen tree" means any of the following:
Species Measurement From Single-Trunk Diam- Multi-Trunk Diame-
Natural Grade eter/Circumference ter/Circumference
Native Trees:
Oak trees 4-1/2' 10" (31") 20" (63")
California Buckeye 4-1/2' 10" (31") 20" (63'~
Big Leaf Maple 4-1/2' 12" (38") 25" (79'~
Nonnative Trees:
Deodar Cedar 4-1/2" 12" (38'~ 25" (79'~
Blue Atlas Cedaz 4-1/2" 12" (38'~ 25" (79'~
(Cupertino 11.99) 378-2
14.18.020
J. "Tree removal" means the destruction of
twenty-five percent or more (in a twelve-month
period) of any heritage or specimen tree by cutting,
retazding, girdling, or applying chemicals. (Ord.
1835 (part), 1999; Ord. 1810 (part), 1999; Ord.
1715 (part), 1996; Ord. 1573 § 3, 1991: Ord. 1543
§ 3, 1991)
14.18.030 Retention promoted.
Heritage and specimen trees aze considered an
asset to the community and the pride of ownership
and retention of these species shall be promoted.
The Director of Community Development shall
conduct an annual review of the status of heritage
trees and report the findings to the Planning Com-
mission. (Ord. 1715 (part), 1996: Ord. 1543 § 4.1,
1991)
14.18.040 Designation.
The Planning Commission, may, by resolution,
designate a tree or grove of trees as a heritage
tree(s). Prior to adoption of such a resolution, not
less than ten days' written notice shall be delivered
to the owner. If the owner of the property protests
the designation an appeal can be initiated. (Ord.
1715 (part), 1996; Ord. 1630 (part), 1993; Ord.
1543 § 4.2, 1991)
his/her use at his/her discretion in order to obtain
the retention objection.
C. Privacy protection planting in Rl zoning
districts shall be maintained. Landscape planting
maintenance includes irrigation, fertilization and
pruning as necessary to yield a growth rate expected
for a particulaz species. Where privacy protection
planting dies it must be replaced within thirty days
with the location, size and species described in
Ordinance No. 1799 (privacy protection) and its
appendix. The affected property owner, with privacy
protection planting on their own lot, is not required
to maintain the required planting. (Ord. 1810 (part),
1999; Ord. 1630 (part), 1993; 1543 §§ 4.4, 4.5,
1991)
14.18.070 Recordation.
Heritage and specimen trees required to be re-
tained under Section 14.81.020 I2, except for trees
on public property, shall have retention information
placed on the property deed via a conservation
easement in favor of the City, private covenant, or
other method as deemed appropriate by the Director.
The recordation shall be completed by the property
owner at the time of use permit, zoning, tentative
map or initiaUnew building permit issuance. (Ord.
1573 § 4.6, 1991: Ord. 1543 § 4.6, 1991)
14.18.050 Heritage tree list.
A heritage tree list shall be created and amended
by resolution. The list shall include the reason for
designation, tree circumference, species name, com-
mon name, location and heritage tree number. (Ord.
1543 § 4.3, 1991)
14.18.060 Plan of protection.
A. The Planning Commission shall consider a
plan of protection developed by the Community
Development Department or aCity-retained certified
azborist. The protection plan shall include informa-
tion for correct pruning, maintenance and fertiliza-
tion methods.
B. It shall be the property owner(s) responsibili-
ty to protect the tree. The plan shall be provided for
14.18.080 Identification tag.
Heritage trees shall have on them an identifica-
tion tag, purchased and placed by the City, inscribed
with the following information:
CITY OF CUPERTINO
HERITAGE TREE NO. _
Please do not prune or cut
before contacting the City.
(Ord. 1543 § 4.7, 1991)
14.18.090 Application to remove.
If an application for heritage tree removal is
submitted, the request shall be forwazded to the
Planning Commission for review and approval. It is
the applicant's responsibility to provide supporting
3'78-3 ccupe,tino i i-s9>
14.18.090
documents as requested by staff or the Planning
Commission. (Ord. 1630 (part), 1993: Ord. 1543 §
4.8, 1991)
14.18.100 Notice list to accompany
application.
The applicant shall provide with the application
a list of names of all persons owning and/or occupy-
ing real property located within three hundred feet
of the property involved in the application. Where
a property is a multifamily dwelling with more than
four units, the name of the building manager will be
supplied on the list. Notice of the Planning Commis-
sion hearing will be mailed to the names on the list.
(Ord. 1630 (part), 1993: Ord. 1543 § 4.9, 1991)
14.18.110 Appeal.
An appeal of the Planning Commission's decision
may be submitted to the City Council, in care of the
City Clerk within five working days of the decision.
No tree shall be removed until the appeal process
has been concluded. (Ord. 1630 (part), 1993; Ord.
1573 § 4.10, 1991: Ord. 1543 § 4.10, 1991)
14.18.120 Permit required for removal.
Except as provided in Section 14.18.140, no
person shall directly or indirectly remove or cause
to be removed any specimen or heritage tree as
herein defined, within the City limits, without first
obtaining a permit to do so in accordance with the
procedures set forth in this chapter. (Ord. 1543 §
5.1, 1991)
14.18.130 Enforcing authority.
The Director of Community Development, or
his/her authorized representative, shall be chazged
with the enforcement of this chapter. (Ord. 1543 §
6.1, 1991)
14.18.140 Exemptions.
This chapter does not apply to the following:
A. Removal in case of emergency caused by the
hazardous or dangerous condition of a tree, requir-
ing immediate action for the safety of life or proper-
ty (e.g., a tree about to topple onto a principle
dwelling due to heavy wind velocities). A subse-
quent application for tree removal must be filed
within five working days as described in Sections
14.18.150 - 14.18.170 of this chapter.
B. Removal of all deciduous, fruit-bearing trees.
C. An approval for the removal of any tree
granted by virtue of a zoning, use permit, variance,
tentative map, or Planning Commission application
approval.
D. Removal of any tree in a developed residen-
tial single-family, residential duplex, agricultural
residential and residential hillside zoning district,
except heritage, specimen or trees planted to comply
with privacy protection pursuant to Chapter 19.28
(Single-Family Residential (R-1) Zones) except
those planted on the affected property' owners' lot.
E. Public utility actions, under the jurisdiction
of the Public Utilities Commission of the State of
California; as may be necessary to comply with their
safety regulations, or to maintain the safe operation
of their facilities. (Ord. 1835 (part), 1999; Ord. 1715
(part), 1996; Ord. 1630 (part), 1993; Ord. 1543 §
7.1, 1991)
14.18.150 Application for permit.
A. Applications for specimen or heritage tree re-
moval permits shall be filed with the Department of
Community Development on fon~ns prescribed by
the Director of Community Development and shall
state the number and location of the trees to be
removed, and the reason for removal of each.
B. Applications for heritage tree removal shall
be referred to the Planning Commission for fmal re-
view and approval in accordance with Sections
14.18.090, 14.18.100 and 14.18.110. Requests shall
be reviewed pursuant to Section 14.18.110. (Ord.
1630 (part), 1993; Ord. 1573 § 8.1 (part), 1991:
Ord. 1543 § 8.1 (part), 1991)
14.18.160 Director to inspect.
Upon receipt of an application for removal of a
specimen tree, the Director of Community Develop-
ment or his/her authorized representative will, within
fourteen days, inspect the premises and evaluate the
request pursuant to Section 14.18.180 of this chap-
cCupertino t t-~> 378-4
14.18.160
ter. Priority of inspection shall be given to those re-
quests based on hazazd or danger of disease. The
Director of Community Development may refer any
such application to another department or to the
Planning Commission or an appropriate committee
of the City for a report and recommendation. Where
appropriate, the Director of Community Develop-
ment may also require the applicant, at his own
expense, to furnish a report from astaff-approved
azborist, certified by the International Society of
Arboriculture. Applications for tree removal may be
granted, denied, or granted with conditions. The
Director of Community Development may, as a
condition of granting a permit for removal of a
specimen tree, require the applicant to replant or
replace a tree with more than one tree when justified
to replace lost tree canopy. (Ord. 1573 § 8.1 (part),
1991: Ord. 1543 § 8.1 (part), 1991)
14.18.170 Review of application.
A request for removal of any heritage or speci-
men tree protected by a condition of approval asso-
ciated with a zoning, tentative map, use permit,
variance and architectural and site approval applica-
tion may be approved by the Director of Communi-
ty Development if deemed unsafe or diseased or can
cause potential damage to existing or proposed
essential structures. The Director of Community
Development may also require the applicant, at his
own expense, to furnish a report from astaff-ap-
proved azborist, certified by the International Society
of Aboriculture. If removal is requested for any
other reason, the application shall be referred to the
Planning Commission which originated the condi-
tion. Notice of any public hearing under this chapter
shall be given in the same manner as provided in
Chapter 19.116 of this code. (Ord. 1835 (part),
1999; Ord. 1715 (part), 1996; amended during 12/93
supplement: Ord. 1630 (part), 1993: Ord. 1543 §
8.1(part), 1991)
14.18.180 Review standards.
Each request for tree removal shall be evaluated
based upon the standazds listed under subsections A
and B below. Approval of a permit to remove a
specimen or heritage tree may be granted if one or
both of the standazds is met.
A. That the tree or trees aze irreversibly dis-
eased, are in danger of falling, can cause potential
damage to existing or proposed essential structures,
or interferes with private on-site utility services;
B. That the location of the trees restricts the
economic enjoyment of the property by severely
limiting the use of property in a manner not typical-
ly experienced by owners of similazly zoned and
situated property. (Ord. 1573 § 9.1, 1991: Ord. 1543
§ 9.1, 1991)
14.18.190 Protection during construction.
Specimen, heritage trees and other trees required
to be retained by virtue of a zoning, subdivision, use
permit, variance, or Architectural and Site Approval
Committee application approval, and all trees pro-
tected by this chapter shall be protected during
demolition, grading and construction operations.
(Ord. 1543 § 10.1, 1991)
14.18.200 Protection plan before permit
granted.
A. A plan to protect trees described in Section
14.18.190 shall be submitted to the Director of
Public Works and to the Director of Community
Development prior to issuance of a demolition,
grading or building permit. The plan shall be pre-
pared and signed by a licensed landscape architect
or azborist certified by the International Society of
Arboriculture and shall be approved by the Director
of Community Development. The Director of Com-
munity Development shall evaluate the tree protec-
tion plan based upon the tree protection standards
contained in Appendix A at the end of this chapter.
B. The Director of Community Development
may waive the requirement for a tree protection plan
both where the construction activity is determined
to be minor in nature (minor building or site modifi-
cation in any zone) and where the proposed activity
will not significantly modify the ground area within
the drip line or the azea immediately surrounding
the drip line of the tree. The Director of Community
Development shall determine whether the construc-
378-4a (C~pertino ii-~~
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
ccw~ro~o ii-~~
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 yards
of all zoning districts in order to protect the safety,
privacy, and property values of residents and resi-
dent/property owners of the City. (Ord. 1788 § 1
(part), 1998)
16.28.020 Definitions.
The words and terms used in this chapter shall
have the following meanings unless the context
clearly 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 area, required front" means the area
extending across the front of the lot between the
front lot line and a line parallel thereto. Front yards
shall be measured either by a line at right angles to
the front lot line, or by the radial line in the case of
a curved front lot line. The front of the lot is the
narrowest lot line from a public street.
E. "Setback area, required rear" means the area
extending across the full width of the lot between
the rear lot line and the nearest line or point of the
main building.
F. "Setback area, required side" means the area
between the side lot line and the nearest line of the
building, and extending from the front setback line
to the rear setback line. (Ord. 1788 § 1 (part), 1998)
16.28.030 Fence location and height for
zones requiring site review.
A. The Planning Commission and City Council
shall have the authority to require, approve, or dis-
approve wall and fencing plans including location,
height and materials in all zones requiring design
review.
B. The basic design review guidelines for the
review of fences and walls are as follows:
1. Fences and walls separating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to acoustically isolate part
of or all noise emitted by future uses within the
commercial, industrial, offices, or institutional zones.
The degree of acoustical isolation shall be deter-
mined during the design review process.
2. Fences and walls separating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to ensure visual privacy for
adjoining residential dwelling units. The degree of
visual privacy shall be determined during the review
process.
3. Fences and walls shall be designed in a man-
ner to provide for sight visibility at private and
(Cupertino I1-99) ~()
16.28.030
public street intersections. (Ord. 1788 § 1 (pazt),
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 yazd setback azea and in the side yazd set-
back areas. A maximum three-foot-high fence, mea-
sured from fmish grade, shall be permitted in the
front yazd setback area.
B. In the case of a comer residential lot, a maxi-
mum six-foot-high fence shall be permitted in the
required reaz yard setback area and on the side yard
lines, excepting that fence heights within the side
yard setback area adjacent to a public street shall be
regulated as described below. No portion of a fence
shall extend into the front 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 finish grade can be constructed on
any location within a required yazd except the forty-
foot corner triangle.
C. Where asix-foot fence is allowed, an eight-
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 (IZHS) 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 maybe ap-
proved through a fence exception if the development
meets any one of the following conditions: is a
mixed-use development, where the pazking for
different uses needs to be sepazated to assure avail-
ability of parking for each use; if a development
includes abelow-grade parking structure, where the
gates aze 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 are 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 Planning Commission 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 Planning Commission and order
the public notice thereof. Mailed written notice 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 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
~G47 (Cupertino ~ ~-99)
16.28.060
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 Planning Commission
meeting in which the application will be considered.
The notice shall state the date, time and place of the
heazing. A description of the fence exception shall
be included in the notice. If the Director of Commu-
nity Development believes the project may have
negative effects beyond the range of the mailed
notice, particulazly negative effects on neazby resi-
dential 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 Planning Commission shall hold a public
hearing at which time the Commission 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 welfare.
3. The exception to be granted is one that will
require the least modification of the prescribed
regulation and the minimum variance that will ac-
complish the purpose.
4. The proposed exception will not result in a
hazardous condition for pedestrian and vehicular
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 aze pro-
posed, that attempts aze made to standardize 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 Plan-
ning Commission may be appealed to the City
Council as provided by Section 19.136.060 of this
code. (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)
(Cupertino 11-99) ~$
19.28.010
Chapter 19.28
SINGLE-FAMILY RESIDENTIAL
(R-1) ZONES
Sections:
19.28.010 Purposes.
19.28.020 Applicability of regulations.
19.28.030 Permitted uses.
19.28.040 Conditional uses.
19.28.050 Site development regulations.
19.28.060 Lot coverage, building
setbacks, height restrictions
and privacy mitigation
measures for nonaccessory
buildings and structures.
19.28.070 Permitted yard encroachments.
19.28.080 Exceptions for prescriptive
design regulations.
19.28.090 Residential design approval.
19.28.100 Procedure for exceptions and
residential design approvals.
19.28.110 Solar design.
19.28.120 Interpretation by the Planning
Director.
19.28.130 Appendix A-Landscape
Mitigation Measures.
19.28.140 Appendix B-Release of
Privacy Protection Measures.
19.28.150 Appendix C-Privacy
Protection Planting Affidavit.
19.28.010 Purposes.
R-1 single-family residence districts are intended
to create, preserve and enhance azeas suitable for
detached dwellings in order to:
A. Enhance the identify of residential neighbor-
hoods;
B. Ensure provision of light and air to individual
residential pazcels;
C. Ensure a reasonable level of compatibility in
scale of structures within residential neighborhoods;
D. Reinforce the predominantly low-intensity
setting in the community. (Ord. 1834 (part), 1999:
Ord. 1601 Exh. A (part), 1992)
19.28.020 Applicability of regulations.
No building, structure or land shall be used, and
no building or structure shall be hereafter erected,
structurally altered or enlarged in an R-1 single-
family residence district other than in conformance
with the provisions of this chapter and other applica-
ble provisions of this title. (Ord. 1834 (part), 1999:
Ord. 1601 Exh. A (part), 1992)
19.28.030 Permitted uses.
The following uses shall be permitted in the R-1
single-family residence district:
A. Single-family use;
B. A second dwelling unit conforming to the
provisions, standazds and procedures described in
Chapter 19.84, except for those second dwelling
units requiring a conditional use permit;
C. Accessory facilities and uses customarily
incidental to permitted uses and otherwise conform-
ing with the provisions of Chapter 19.80 of this
title;
D. Home occupations when accessory to permit
requirements contained in Chapter 19.92;
E. Horticulture, gardening, and growing of food
products for consumption by occupants of the site;
F. Residential caze facility that is licensed by the
appropriate State, County agency or department with
six or less residents, not including the provider,
provider family or staff;
G. Small-family day care home;
H. The keeping of a maximum of four adult
household pets, provided that no more than two
adult dogs or cats may be kept on the site;
I. Utility facilities essential to provision of
utility services to the neighborhood but excluding
business offices, construction or storage yazds, main-
tenance facilities, or corporation yazds;
J. Lazge-family day care homes, which meet the
parking criteria contained in Chapter 19.100 and
which is at least three hundred feet from any other
large-family day care home. The Director of Com-
munity Development or his/her designee shall ad-
ministratively approve large day care homes to
ensure compliance with the parking and proximity
requirements;
588-9 ccapertino ~~-~>
19.28.030
K. Congregate residence with ten or less resi-
dents. (Ord. 1834 (part), 1999: Ord. 1688 § 3 (part),
1995; Ord. 1657 (part), 1994; Ord. 1601 Exh. A
(part), 1992)
19.28.040 Conditional uses.
The following uses may be conditionally allowed
in the R-1 single-family residence district, subject
to the issuance of a conditional use permit:
A. Issued by the Director of Community Devel-
opment:
1. Temporary uses, subject to regulations estab-
lished by Chapter 19.124,
2. Large-family day caze home, which otherwise
does not meet the criteria for a permitted use. The
conditional use permit shall be processed as provid-
ed by Section 15.97.46(3) of the State of California
Health and Safery Code,
3. Buildings or structures which incorporate
solar design features that require variations from
setbacks upon a determination by the Director that
such design feature or features will not result in
privacy impacts, shadowing, intrusive noise or other
adverse impacts to the surrounding area,
4. Second dwelling units which require a condi-
tional use permit pursuant to Chapter 19.84,
5. Home occupations requiring a conditional use
permit pursuant to Chapter 19.92 of this title;
B. Issued by the Planning Commission:
1. Two-story structures in an azea designated for
a one-story limitation pursuant to Section 19.28.060
E2 of this chapter, provided that the Planning Com-
mission determines that the structure or structures
will not result in privacy impacts shadowing, or
intrusive noise, odor, or other adverse impacts to the
surrounding azea,
2. Group caze activities with greater than six
persons,
3. Residential care facility that is not required
to obtain a license by the State, County agency or
department and has six or less residents, not includ-
ing the providers, provider family or staff,
4. Residential care facility that has the appropri-
ate State, County agency or department license and
seven or greater residents, not including the provider
family or staff, is a minimum distance of five hun-
dred feet from the property boundary of another
residential care facility,
5. Residential care facility that is not required
to obtain a license by the State, County agency or
department and has seven or greater residents, not
including the provider family or staff, is a minimum
distance of five hundred feet from the property
boundary of another residential care facility,
6. Congregate residence with eleven or more
residents which is a minimum distance of one thou-
sand feet from the boundary of another congregate
residence and has a minimum of seventy-five square
feet of usable reaz yard area per occupant. (Ord.
1834 (part), 1999: Ord. 1784 (part), 1998; Ord.
1688 § 3 (part), 1995; Ord. 1657 (part), 1994; Ord.
1618 (part), 1993; Ord. 1601 Exh. A (part), 1992)
19.28.050 Site development regulations.
A. Lot Area Zoning Designations.
1. Lot azea shall correspond to the number (mul-
tiplied by one thousand square feet) following the
R-1 zoning symbol. Examples aze as follows:
Minimum Lot Area
Zoning Symbol Number in Square Feet
R-1 6 6,000
R-1 7.5 7,500
R-1 10 10,000
R-1 20 20,000
The minimum lot size in an R-1 zone is six thou-
sand squaze feet.
2. Lots, which contain less area than required by
Section 19.28.OSOA1, but not less than five thousand
squaze feet, may nevertheless be used as building
sites, provided that all other applicable requirements
of this title aze fulfilled.
B. Lot Width. The minimum lot width shall be
sixty feet measured at the front-yazd setback line.
C. Development on Slopes of Thirty Percent or
Greater.
1. Site plans for all development proposals shall
include topographical information at contour inter-
(Cupertino 11-99) 588-10
19.28.050
vals not to exceed ten feet. Areas where slopes are
thirty percent or greater shall be identified on the
site development plan.
2. Buildings proposed on a portion of a lot with
slopes of thirty percent or greater shall be developed
in accordance with the site development and design
standazds specified in Sections 19.40.050 through
19.40.140 of the Residential Hillside ordinance,
Chapter 19.40, or the R-1 zoning ordinance, Chapter
19.28, whichever specific regulation is more restric-
tive.
3. No structure or improvements shall occur on
slopes of thirty percent or greater unless an excep-
tion is granted in accordance with Section
19.40.140, unless no more than five hundred squaze
feet of development, including grading and struc-
tures, occurs on an azea with a slope of thirty per-
cent or greater.
4. An application for building permit which was
filed and accepted by the City (fees paid and control
number issued) on or before Mazch 1, 1999, may
proceed with application processing under the ordi-
nances in effect at that time. (Ord. 1834 (part),
1999: Ord. 1635 § 1 (part), 1993; Ord. 1601 Exh.
A (part), 1992)
19.28.060 Lot coverage, building setbacks,
height restrictions and privacy
mitigation measures for
nonaccessory buildings and
structures.
A. Lot Coverage for First Story Development.
A building or buildings may cover no more than
forty-five percent of the net lot area.
B. Floor Area Ratio.
1. Any new two-story house, or two-story addi-
tion to an existing house, may not cause all struc-
tures on the lot to exceed thirty-five percent of the
net lot azea, unless discretionary approval is first ob-
tained from the Residential Design Review Commit-
tee pursuant to Section 19.28.090. In no event, shall
such floor area ratio exceed forty-five percent of the
net lot area.
2. A second story shall not exceed thirty-five
percent of the existing or proposed first story or six
hundred square feet, whichever is greater.
C. Setback-First Story (Nonaccessory Struc-
tures).
1. Front Yard. The minimum front yazd setback
is twenty feet; provided, that for a curved driveway,
the setback shall be fifteen feet as long as there aze
no more than two such fifteen-foot setbacks occur-
ring side by side.
2. Side Yard. At least one of two side yazd
setbacks must be no less than ten feet. The other
side yazd setback must be no less than five feet.
Notwithstanding the above, a lot less than sixty feet
in width and less than six thousand squaze feet shall
have a minimum side yard setback of five feet on
each side yazd. In instances where an addition is
proposed to an existing building having both side
yazd setbacks less than ten feet, the wider setback
shall be retained and the narrower setback must be
at least five feet. Notwithstanding the above, a side
yazd setback which is existing and legally noncon-
forming may be extended along its existing setback
to no less than three feet from the property line if
the applicant obtains written consent from the ad-
joining property owner thereby affected and receives
approval from the Director of Community Develop-
ment. In the case of a corner lot, a minimum side
yard setback of twelve feet on the street side of the
lot is required.
3. Reaz Yard. The minimum reaz yazd setback
is twenty feet unless the usable reaz yard area
equals, or exceeds, twenty times the lot width as
measured from the front setback line. In that case,
the minimum reaz yazd setback is ten feet.
D. Setback-Second Floor (Nonaccessory Struc-
tures).
1. The minimum front and reaz setbacks are
twenty-five feet.
2. The minimum side setbacks aze ten feet,
provided that in the case of a flag lot, the minimum
setback is twenty feet from any property line, and
in the case of a corner lot, a minimum of twelve
feet from a street line and twenty feet from any reaz
583-11 ccr~~~;no ~~-9v~
19.28.060
property line of an existing, developed single-family
dwelling.
3. Setback Surcharge. A setback distance equal
to fifteen feet shall be added in whole or in any
combination to the front or side-yazd setback re-
quirements specified in Section 19.28.060D2. A
minimum of five feet of the fifteen feet shall be
applied to the side yazd(s).
4. Accessory Buildings/Structures. Chapter 19.80
governs setbacks, coverage and other standards for
accessory structures.
5. The height of second story walls are regulated
as follows:
a. Fifty percent of the total perimeter length of
second story walls shall not have exposed wall
heights of greater than six feet, and shall have a
minimum two-foot high overlap of the adjoining
first story roof against the second floor wall. The
overlap shall be structural and shall be offset a
minimum of four feet from the first story exterior
wall plane.
c
c
(Cupertino 11-99) 588-12
19.28.060
b. All second story wall heights greater than six. feet, as measured from the second story finished floor,
are required to have building wall offsets at least every twenty-four feet, with a minimum two-foot depth and
six-foot width. The offsets shall comprise the full height of the wall plane.
s
E
0
c. All second story roofs shall have a minimums of one-foot eaves.
E. Additional Site Requirements.
1. Height.
a. Maximum Building Height. The height of a~iy principal dwelling in an R-1 zone shall not exceed
twenty-eight feet, not including fireplace chimneys, antennae or other appurtenances.
b. The maximum exterior wall height and building height on single-story structures must fit into a building
envelope defined by:
i. A twelve feet high vertical line measured from natural grade and located five feet from property lines.
ii. Atwenty-five-degree roof line angle projected inward at the twelve foot high line referenced in
subsection Elbi of this section.
Notwithstanding the above, a gable end of a roof e~iclosing an attic space may have a maximum wall height
of twenty feet to the peak of the roof as measured iiom natural grade.
58fi-12.1 (Capenino ~~-~>
~-
I. ~ 60`-0"
19.28.060
2. Heights exceeding twenty feet shall be subject to the setback regulations in subsection D of this section.
3. Areas Restricted to One Story. The City Council may prescribe that all buildings within a designated
azea be limited to one story in height (not exceeding eighteen feet) by affixing to the R-1 zoning district, the
designation "i"; provided, however, that the limitation may be removed through use permit approval, as
provided in Section 19.28.040B by the Planning Commission.
4. The maximum entry feature height, as measured from finish grade to the top of the wall plate, shall
be fourteen feet.
Q'
`~ .
5. No blank single-story side walls longer than
sixteen feet shall face a public right-of--way without
at least one of the following: (a) at least one offset
with a minimum two-foot depth and six-foot width;
the offset shall comprise the full height of the wall
plane, (b) window of at least thirty inches by thirty
inches, (c) entry feature leading to a door, (d) trellis
with landscape screening.
6. Exceptions for Hillside Areas. Notwithstand-
ing any provisions of Section 19.28.060 E1 to the
contrary, the Planning Commission may make an
exception for heights to exceed twenty-eight feet
under certain circumstances:
a. The subject property is in a hillside azea and
has slopes of ten percent or greater;
b. Topographical features of the subject property
make an exception to the standazd height restrictions
necessary or desirable;
c. In no case, shall the maximum height exceed
thirty feet for a principal dwelling or twenty feet for
an accessory building or dwelling;
d. In no case, shall the maximum height of a
structure located on prominent ridgelines, on or
above the four-hundred-fifty-foot contour exceed
twenty feet in height.
F. Privacy Protection Requirements.
1. Required Landscape Planting.
a. Requirement. In order to address privacy
protection and the reduction in visible building mass
of new two-story homes and additions, tree or shrub
planting is required. Applicants for new two-story
homes and additions must plant a tree in front of
new second stories in the front yazd setback azea
unless there is a conflict with the tree canopies of
the public street tree (Appendix A).
b. Planting Plan. A building permit application
for a new two-story house or a second story addition
shall be accompanied by a planting plan which
identifies the location, species and canopy diameter
of existing trees or shrubs. New trees or shrubs shall
be shown on the applicant's property within a cone
of vision defined by a thirty degree angle from the
side window jambs of all second story windows
(Exhibit 1). New trees or shrubs are not required to
replace existing trees or shrubs if an Internationally
Certified Arborist or Licensed Landscape Architect
verifies that the existing trees/shrubs aze consistent
(cnpertino ~~-~> 588-12.2
19.28.060
with the intent of Appendix A. In addition, one tree
shall be planted in the front yard setback. The plant-
ing is required on the applicant's property, unless
the options listed in subsection Fld of this section
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 betwenty-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 years 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 fmal occupancy permit
(Appendix C).
d. Options. Where planting is required, the
applicant may plant on the affected property owners
lot in lieu of their own lot or the affected property
owner may modify the numbers of shrubs or trees,
their types and locations by submitting a waiver to
the Community Development Department along
with the building permit (Appendix B). This option
does not apply to the required tree planting in front
yards.
e. Applicability. This requirement shall not
apply to skylights, windows with sills above five
feet from the floor, nonaligned side-setback win-
dows between two single-family residential homes
that have ten feet or less building setbacks to the
property line, unless the affected property owner
agrees to planting. In such cases, windows must be
obscure or have a sill height above five feet from
the floor, windows facing aright-of--way, and win-
dows facing a nonresidential zoning district.
f. Maintenance. The required plants shall be
maintained. Landscape planting maintenance in-
cludes irrigation, fertilization and pruning as neces-
sary to yield a growth rate expected for a particulaz
species. Where required planting dies it must be
replaced within thirty days with the size and species
as described in Appendix A of this chapter. The
affected property owner with privacy protection
planting on his or her own lot is not required to
maintain the landscaping.
2. Window Alignment.
a. Window Alignment. A building permit appli-
cation for a new two-story house or a second story
addition shall be accompanied by a site plan which
includes the adjacent buildings and their existing
second story windows. New side two-story windows
shall not align with existing two-story windows on
adjacent buildings. The architect shall provide hori-
zontal and vertical projections from the proposed
windows to the adjacent windows.
b. Waiver. Where window alignment occurs, the
applicant may modify this requirement upon receipt
of written approval from the affected property own-
ers (Appendix B).
c. Applicability. This requirement shall not
apply to skylights, louvered windows, windows with
a sill height above five feet from the floor, windows
facing aright-of--way and windows facing a non-
residential zoning district. (Ord. 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-yard setback even though the side yazd does not
588-12.3 (Cl~pertino ~~-~v>
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 area nor be
detrimental to the public safety, health and welfaze.
3. The proposed development is otherwise con-
sistent with the City's General Plan, any applicable
specific plan, and with the purposes of this chapter.
4. The adjoining properties aze otherwise pro-
tected from unreasonable privacy impacts.
B. Issued by the Residential Design Review
Committee (Other Prescriptive Design Regulations).
The Residential Design Review Committee may
grant exceptions from the prescriptive design regula-
tions described in Section 19.28.060 exclusive of
Section 19.28.060 E4 (Hillside building heights) and
Section 19.28.060F (Privacy protection) upon mak-
ing all of the following fmdings:
1. The literal enforcement of the provisions of
this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter.
2. The granting of the exception will not result
in a condition that is materially detrimental to the
public health, safety and 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 azea 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. 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 Residential Design Review Com-
mittee for a special permit to allow for the develop-
ment; provided, however, in no event shall such
application exceed aforty-five percent floor area
ratio. In addition to the public hearing and notice
(Cupertino 11-99) 588-12.4
19.28.090
requirements 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 Community Development.
The Residential Design Review Committee may
only grant a special permit upon making all of the
following fmdings:
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
welfare.
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. 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 regarding approvals contained
in this section may be appealed by any interested
party pursuant to Chapter 19.136. An appeal of the
Residential Design Review Committee decision shall
be processed 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 year following the effec-
tive date thereof, shall become null and void and of
no effect unless a shorter time period shall specifi-
cally beprescribed by the conditions of the excep-
tion. An approval shall be deemed to have been
"used" in the event of the erection of a structure
when sufficient building activity has occurred and,
continues to occur in a diligent manner. The Direc-
tor of Community Development may grant one addi-
tional one-year extension if an application is filed
before the expiration date without further notice and
hearing.
58$-12.5 (Cupertino 11-99)
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 Residential Design Review
Committee, or the Planning Commission may at the
discretion of the Director of Community Develop-
ment, beprocessed concurrently with other land use
approvals. (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
solaz access or property rights of adjoining property
owners. Any solaz structure which requires variation
from the setback or height restriction of this chapter
shall be allowed only upon issuance of a conditional
use permit by the Director of Community Develop-
ment. (Ord. 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)
(Cupertino 11-99) 588-12.6
19.28.130
19.28.130 Appendix A-Landscape Mitigation Measures.
PRIVACY SCREENING MATERIALS
I. NON-DECIDUOUS TREES
Planting
Distance-
HeiQht Spread Max
A. Cedrus Deodaza-Deodaza Cedaz to 80' 40' @ ground 20'
B. Melaleuca Linarifolia-Flaxleaf Paperbazk 30' 12-15' 6'
C. Pinus Helipensis-Aleppo Pine 40-60' 20-25' 10'
D. Eucalyptus Polyanthemos-Silverdollaz 20-~i0' 10-15' S'
E. Cinnamomom Camphora-Camphor 50' S0' 20'
F. Arbutus Marina 40' 35' 15'
G. Magnolia Grandiflora-Southern Magnolia 80' 40' 20'
The minimum tree size shall be 24" box minimum and a minimum of 8' high planted height. See Page
2 of Appendix A for minimum planting distance from City street trees for planting in the front yazd
setback.
II. NON-DECIDUOUS SHRUBS
A. Pittosporum Eugenoides 40' 20' S'
B. Pittosporum Tenuifolium 40' 20' S'
C. Pittosporum Crassifolium 25' 15-20' 8'
D. Pittosporum Undulatum-Victorian Box 15-40' 150' 8'
E. Cupressus Sempervirens-Italian Cypress 60' 3-6' S'
F. Podocarpus Gracilior--Fern Pine 60' 20' 10'
G. Frivet Ligustrum--Glossy Privet 35-40' 20' 10'
H. Laurus Nobilis-Grecian Laurel 15-40' 20' 10'
I. Rhus Lancia-African Sumac 25' 20' 10'
The minimum shrub size shall be 15-gallon minimum and a minimum of 6' high planted height. See Page
2 of Appendix A for minimum planting distance from City street trees for planting in the front yard setback.
Notes:
The Community Development Department may use other species than those listed above subject to approval.
Applicant shall be required to submit adequate documentation in order for approval of other planting materials.
Documentation shall include a letter from an Internati~~nally Certified Arborist or Landscape Architect stating
that the materials proposed will meet or exceed height, spread criteria and growth rate of listed materials and
that they aze suitable for planting on the applicant's F~roperty. The goal is to provide a partial screening after
three yeazs' growth following planting.
588-12.7 (Cl~pertino 11-99)
19.28.130
Appendix A, page 2
City of Cupertino Street Tree List
The purpose of this list is to give the minimum planting distance between the required street tree/shrub
planting in front yard setbacks and the City street tree.
CITY STREET TREE
Spread Planting Distance-Minimum
A. St. Mary Magnolia* 20' 10'
B. Crape Myrtle 20' 10'
C. Privot 20' 10'
D. California Buckeye 20' 10'
E. Birch 20' 10'
F. Holly Oak 20' 10'
G. Aristocrat Flowering Pear* 30' 15'
H. Flowering Plum* 30' 15'
I. Mayten 30' 15'
J. Melaleuca 30' 15'
K. Eastern Redbud* 30' 15'
L. Brisbane Box* 40' 20'
M. Liquid Amber 40' 20'
N. Carob 40' 20'
O. Geigera 40' 20'
P. Rhus Lancia 40' 20'
Q. Lirodendron 40' 20'
R. Chinese Pistacio* 50' 25"
S. Ginko* 50' 25'
T. Chinese Hackberry* 50' 25'
U. Elm 50' 25'
V. Sycamore 50' 25'
W. Mulberry 50' 25'
X. Silk Tree 50' 25'
Y. Raywood Ash 50' 25'
Z. Medesto Ash 50' 25'
AA. Shammel Ash 50' 25'
BB. Camphor 60' 30'
CC. Zelkova 60' 30'
* Denotes tree currently on street tree list. Other trees previously on list and may currently exist as a street
tree.
(Ord. 1834 (part), 1999)
(Cupertino 11-99) 588-12.8
19.28.140
19.28.140 Appendix li-Release of Privacy Protection Measures.
Single-Family Residential Ordinance
Ordinance 19.28 (Single-Family) requires that after September 21, 1998, all new two-story additions or homes
be required to complete privacy protection measures. Staff may grant a modification or deletion to this
requirement if the adjacent affected property owners sign a release agreeing to modify or delete the
requirement.
Property Location
Address:
Date
I agree to waive or modify the privacy protection measures required of the Single-Family Residential
Ordinance as follows:
Property Owner:
Address:
Phone:
Signature:
(Ord. 1834 (part), 1999)
58fi-12.9 cC~pertino tt-~>
19.28.150
19.28.150 Appendix C-Privacy Protection Planting Affidavit.
Purpose. To assure the decision-makers and neighbors that the privacy protection planting has been installed
according to the planting plan.
Validation. An Internationally Certified Arborist or Licensed Landscape Architect shall certify the
design and accuracy of the privacy protection planting.
Planting Certification
I certify that the privacy protection planting and irrigation is installed at:
address
and it is consistent in design, height and location with the landscape planting and irrigation plans drawn by
and dated (attached).
Landscape Architect
Name
Title
Professional License
Stamp Here
Date
(Ord. 1834 (part), 1999)
ccu~~ano ii-~> 588-12.10
E~:h. 1
30° Angle
I
,_ __
Privacy Invasion Mitigation
required in shaded areas
Window
Second Floor
-- -- -- -•- -- •- -- -- I
588--12.11
(Cupertino ~ I-99)
ORDINANCE LIST
1820 Prezone (Special)
1821 Prezone (Special)
1822 Amends §§ 2.04.010, 5.28.070(N),
5.28.165(E), 10.52.060, 16.28.060(C),
16.52.041(B)(1), 16.52.051, 16.52.052,
16.52.053(B)(4)(a) and 19.20.040(A)(1)
and repeals §§ 3.12.040 and
5.04.280(C), (2.04, 5.28, 10.52, 16.28,
16.52, 19.20)
1823 Adopts Ch. 5 of the 1977 Uniform
Code for Building Conservation (16.60)
1824 Amends §§ 16.04.010 and 16.04.110
and repeals §§ 16.04.070, 16.04.090,
16.04.100 and 16.04.120, building code
(16.04)
1825 Amends § 16.16.010 and repeals §
16.16.060, electrical code (16.16)
1826 Amends §§ 16.20.010, 16.20.020 and
16.20.090 and repeals §§
16.20.050-16.20.070, plumbing code
(16.20)
1827 Amends §§ 16.24.010-16.24.030, me-
chanical code (16.24)
1828 Repeals and replaces Ch. 16.40, fire
code (16.40)
1829 Amends § 16.56.010, housing code
(16.56)
1830 Amends §§ 10.21.010-10.21.120,
newsracks (10.21)
1831 Amends §§ 19.80.030(B)(1)(j) and
19.80.040, accesssory build-
ings/structures (19.80)
1832 Amends Ch. 2.16, city council-salaries
(2.16)
1833 Amends § 16.28.045, electronic security
gates (16.28)
1834 Amends Ch. 19.28, zoning (19.28)
1835 Amends §§ 14.18.020, 14.18.140 and
14.18.170, heritage and specimen trees
(14.18)
1836 Amends § 11.24.150, parking (11.24)
67.4-13 (Cupertino 11-99)
EQUIPMENT, SURPLUS, SALE
EQUIPMENT, SURPLUS, SALE
Auction
bidding, payment 3.25.060
required 3.25.050
Between agencies 3.25.080
Centralization required 3.25.030
Notice 3.25.040
Officer designated, powers, duties generally
3.25.020
Open market, when 3.25.070
System adopted 3.25.010
To officer, employee of city, restrictions 3.25.090
EXCAVATION, GRADING, RETAINING WALLS
Appeals 16.08.265
Bond requirements 16.08.150
Civil engineer grading supervision 16.08.230
Definitions 16.08.020
Engineering geological reports 16.08.120
Fees 16.08.160
Grading
See also Specific Type or Phase
emergency permit issuance 16.08.185
supervision 16.08.230
Inspections 16.08.250
Interim plan 16.08.110
Limitations of provisions 16.08.040
Modifications 16.08.240
Permit
application contents 16.08.080
approval conditions 16.08.190
denial 16.08.180
design standards 16.08.200
emergencies 16.08.185
exemptions
categorical 16.08.070
generally 16.08.060
issuance conditions 16.08.170
limitations, conditions 16.08.210
permittee responsibility 16.08.220
revocation 16.08.280
suspension 16.08.270
Permittee responsibility 16.08.220
Purpose of provisions 16.08.010
Scope 16.08.050
Severability 16.08.030
Site map, grading plan required 16.08.100
Soils engineering reports 16.08.130
Title of chapter 16.08.000
Violation
penalties designated 16.08.290
remedies deemed cumulative 16.08.300
Work
completion notice, report 16.08.260
schedule required 16.08.140
EXPLOSIVES
Disposal 6.24.100
Permit
issuance 10.20.020
required, application 10.20.010
Storage 10.20.030
Violation, penalty 10.20.040
- F -
FALSE ALARM
See ALARM
FAMILY CARE HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
FENCE
Chapter purpose 16.28.010
Construction design review guidelines
general 16.28.040
site review required 16.28.030
Construction site temporary fences 16.28.065
Definitions 16.28.020
Electronic security gates 16.28.045
Exceptions 16.28.060
Location
See Construction design review guidelines
Materials
See Construction design review guidelines
Proximity to public streets 16.28.050
Setback, area requirements
front 16.28.020
~~25 (Cupertino 11-99)
FENCE
reaz 16.28.020
side 16.28.020
vehicular electronic security gates 16.28.045
Violation, penalty 16.28.070
FINANCE
See PURCHASING
FINANCE DIRECTOR
Purchasing officer, designation, duties
See PURCHASING OFFICER
Storm drainage service charge
bill correction authority 3.36.150
collection duties
balance payments 3.36.090
generally 3.36.080
omitted chazges 3.36.100
premises inspection authority 3.36.190
FINANCE OFFICER
Alarm systems
administration and enforcement 10.26.100
appeals heazing 10.26.120
FINE ARTS ACTIVITIES
Regulations generally 2.80.080
FINE ARTS COMMISSION
Compensation, expenses 2.80.090
Effect of provisions 2.80.100
Established, appointment, composition 2.80.010
Meetings
generally 2.80.050
quorum 2.80.050
voting, requirements 2.80.060
Members
appointment, composition 2.80.010
term of office 2.80.020
vacancy filling, removal procedures 2.80.030
Officers 2.80.040
Powers, duties generally 2.80.080
Recordkeeping 2.80.070
FIItE
See FIRE CODE
SMOKING
FIRE CODE
Administration 16.40.020
Adopted 16.40.010
Amendments 16.40.020-16.40.370
Appeals 16.40.070
Compresses gas
See also Permits
Storage limits
permitted amounts 16.40.140
Definitions 16.40.170-16.40.200
Fire extinguishing systems
existing buildings 16.40.240
monitoring 16.40.250
new buildings 16.40.240
standazds 16.40.220
Fire hydrant location, distribution 16.40.370
Flammable, combustible liquids
See also Storage limits
containment 16.40.310
monitoring 16.40.300
plans 16.40.290
tank locations 16.40.320
Fuel dispensing
nozzles 16.40.270
stations, tanks, aboveground
size 16.40.360
standazds 16.40.350
Hazardous fire azea suppression, control 16.40.380
Hazazdous materials
See also Toxic gases
permitted amounts 16.40.150
Immersion heaters 16.40.260
Inspections 16.40.080
Liquefied petroleum gas
See also Storage limits
container plans 16.40.330
Permits
compresses gases 16.40.090
cryogens 16.40.100
day care facilities 16.40.110
fees 16.40.160
cc~~rono i ~-~~ 626
FIRE CODE
fire protection systems 16.40.120
institutions 16.40.130
Refrigeration 16.40.280
Storage limits
compressed natural gas 16.40.060
explosives, blasting agents 16.40.050
flammable, combustible liquids 16.40.030
liquefied petroleum gas 16.40.040
Toxic gases 16.40.340
Water supplies 16.40.210
Permit required 10.76.010
Violation, penalty 10.76.020
FIRE CHIEF
Bingo permit applicant investigation 5.32.220
Toxic gas storage, use
compliance plan, permit
fee charging, data submittal requiring
16.42.060
time limit extension 16.42.070
controls requiring 16.42.230
facility closing duties 16.42.080
leak testing approval 16.42.130
sprinkler system requiring 16.42.190
FIRE MARSHAL, COUNTY
Weed abatement
assessment
collection authority 9.08.100
hearing, submittal of record 9.08.090
notice distribution 9.08.080
recordkeenins duty 9.08.070
duty 9.08.060
notice mailing 9.08.040
FIREWORKS
Definitions 10.24.010
Exceptions 10.24.030
Prohibitions 10.24.020
Violation, penalty 10.24.080
627
(Cupertino 11-99)
ZONING
change to other than conforming use prohibited
19.112.030
expansion prohibited 19.112.020
maintenance, repair 19.112.040
proceedings 19.112.110
record 19.112.100
replacement 19.112.050
value determination 19.112.090
Nuisance 19.04.050
Nursery
A-1 zone 19.20.040
A zone 19.16.030
ML zone 19.60.030
O-A zone
applicability of provisions 19.76.020
conditional uses 19.76.040
designated 19.12.010
new development, conditional use permit
requirements 19.76.070
permitted uses 19.76.030
purpose 19.76.010
site development regulations 19.76.050
Off-street pazking
See also Pazking
applicability of provisions 19.100.020
exceptions, generally 19.100.050
purpose of provisions 19.100.010
regulations 19.100.040
Open space zone
See OS zone
Orchazd
A-1 zone 19.20.030
A zone 19.16.030
OS zone
applicability of provisions 19.24.020
conditional uses 19.24.040
permitted uses 19.24.030
purpose 19.24.010
Outdoor activity center
FP zone 19.72.040
Packing, crating establishment
ML, zone 19.60.030
Park
PR zone 19.68.030
Park and recreation zone
See PR zone
Pazking
See also Off-street pazking
applicability of provisions 19.100.020
exceptions, generally 19.100.050
nonresidential zones regulations 19.100.030
purpose of provisions 19.100.010
regulations generally 19.100.040
residential zones regulations 19.100.030
shared pazking regulations 19.100.040
Pazking, pazking gazage
ML zone 19.60.030
PD zone
applicability of provisions 19.48.020
approval action
city council 19.48.060
planning commission 19.48.050
conceptual development plan required
19.48.040
conditional use permit
approval action, city council 19.48.090
approval action, planning commission
19.48.080
required 19.48.070
development plan modification 19.48.110
establishment, permitted, conditional uses
19.48.030
purpose 19.48.010
Permitted uses
A-1 zone 19.20.030
A zone 19.16.030
BA zone 19.64.030
BQ zone 19.64.040
CG zone 19.56.030
ML zone 19.60.030
OA zone 19.76.030
OS zone 19.24.030
PR zone 19.68.030
R-1 zone 19.28.030
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
RIC zone 19.44.040
T zone 1 9.64.060
E~69 (C~pertino 11-99)
ZONING
Personal services
CG zone 19.56.030
Pets
R-2 zone 19.32.030
R-3 zone 19.36.030
Photography studio
CG zone 19.56.030
Picnic area
BQ zone 19.64.050
FP zone 19.72.040
Planned development zone
See PD zone
Playground
PR zone 19.68.030
OS zone 19.24.040
Pond
OS zone 19.24.040
Pool
OS zone 19.24.040
Poultry raising, hatchery
A-1 zone 19.20.040
A zone 19.16.030
Prezoning 19.120.110
Privacy protection
R-1 zone 19.28.060
Private recreation zone
See FP zone
Processing
ML, zone 19.60.030
Professional office
CG zone 19.56.030
OA zone 19.76.030
Prohibited uses
A-1 zone 19.20.030
A zone 19.16.050
CG zone 19.56.050
FP zone 19.72.070
ML, zone 19.60.050
PR zone
applicability of provisions
designated 19.12.010
park master plan required
permitted uses 19.68.030
purpose 19.68.010
Public building zone
See BA zone
Purpose of provisions 19.04.010
Quany
A-1 zone 19.20.040
A zone 19.16.040
Quasipublic building zone
See BQ zone
R-1 zone
applicability of provisions 19.28.020
approval 19.28.090
conditional uses 19.28.040
designated 19.12.010
design exceptions 19.28.080
exception procedures 19.28.100
interpretation of provisions 19.28.120
landscape mitigation measures 19.28.130
lot 19.28.060
permitted uses 19.28.030
privacy protection
planting affidavit 19.28.150
release measures 19.28.140
purpose 19.28.010
site development regulations 19.28.050
solar design 19.28.110
yard 19.28.070
R-2 zone
applicability of provisions 19.32.020
architectural, site review 19.32.090
building coverage, setbacks 19.32.070
conditional uses 19.32.040
designated 19.12.010
height 19.32.050
lot 19.32.060
permitted uses 19.32.030
purpose 19.32.010
yard 19.32.080
R-3 zone
applicability of provisions 19.36.010
19.68.020 conceptual development plan required
19.36.050
19.68.040 conditional uses 19.36.040
designated 19.12.010
parking 19.36.070
permitted uses 19.36.030
(Cupertino 11-99) 6~]Q
ZONIlVG
purpose 19.36.010
site development regulations 19.36.060
Racquet club
FP zone 19.72.040
Radioactive material manufacture
ML zone 19.60.040
6'10-1
(Cupertino 11-99)