1999 AugustSUPPLEMENT
INSERTION GUIDE
CUPERTINO MUNICIPAL CODE
Auclust, 1999
(Covering Ordinances through 1832)
This supplement consists of reprinted pages replacing existing pages in the
Cupertino Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their places
insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should lie retained as a permanent record of pages
supplemented and should be inserted. in the front of the code.
Remove Pages Insert Page;:
Preface ............... Prefacf;
Checklist ........... Checklist
TEXT
17-20-4a .......... 17-20-4~i
23-24 ........ .......23-2~E
77-78/86...... .... 77-7818fi
111-112 ...... ..... 111-11:'.
125-128 ...... ..... 125-12f>
245 .......... ......... 24`i
249-250 ...... ... 249-250-~!
275-276 ...... ..... 275-27fi
41320 ...... .. 413118/420
439-444 ...... ..... 43 9-~4:~
44748 ...... ..... 447-~48
45964-4b .... 459-4ti4-4b.1 f>
477-480-1 ..... ... 477-480-~!
Remove Pages Insert Pages
588-5-588-6 ..... 588-5-588-6
588-9-5 88-12 ............ .
............ 588-9-588-12.8
588-51-588-52 ........... .
............ 588-51-588-52
TABLES
614-9-614-12 ............ .
............. 614-9-614-13
INDEX
619-620 ........... 619-b20
62327 ........... 623-627
639-640 ......... 639-640-1
643-646 ........... 64346
65 9-660 ........... 65 9-660
669-670 ........... 669-670
PREFACE
The Cupertino Municipal Code, originally published by Book
Publishing Company in 1973. has been kept current by regular
supplementation.
During original codification, the ordinances were compiled,
edited and indexed by the editorial staff of Book Publishing
Company under the directio~l of Mr. David H. Adams, city
attorney.
The code is organized by subject matter under an expandable
three-factor decimal numbering system which is designed to
facilitate supplementation without disturbing the numbering of
existing provisions. Each section number designates, in se-
quence, the numbers of the title, chapter, and section. Thus,
Section 17.12.050 is Section .050, located in Chapter 17.12 of
Title 17. In most instances, sections are numbered by tens (.010,
.020, .030, etc.), leaving nine vacant positions between original
sections to accommodate future provisions. Similarly, chapters
and titles are numbered to provide for internal expansion.
In parentheses following e~ich 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 s objects, and where they appear in
the codification.
Footnotes refemng to applicable statutory provisions are
located throughout the text. A subject-matter index, with
complete cross-referencing, locates specific code provisions by
individual section numbers.
This supplement brings thy: code up to date through Ordi-
nance 1832, passed July 19, ] 999.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206)343-5700
1-800-537-7881
(Cupertino 8-99)
CHECKLIST
CUPERTINO MUNICIPAL CODE
This checklist is included to provide a positive means for ascertaining whether your code contains all
current pages. After insertion of the 8-99 supplement, the Cupertino Municipal Code should contain the pages
indicated below. Wherever there is a dash page, it has been listed individually.
Page Number Date
Title 1:
1 .............................. 1-95
3-6 .......................... 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
5 2/5 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
1 OS-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:
143-150 ........................ 5-96
151 ........................... 12-96
152/156 ........................ 12-96
157-158 ....................... 10-93
i cc~~~;~o s-~~
Page Number Date
15 9-160 ....................... 12-91
161-162 ....................... 12-96
162-1-162-2 .................... 12-96
163-164 ....................... 12-95
165 ........................... 12-96
166/ 180 ........................ 12-96
Title 7:
181 ......................... (no date)
Title 8:
183-204 ........................ 5-94
204-1-204-3 ..................... 5-94
Title 9:
205 ........................... 11-98
207- 208 ..................... (no date)
209- 210 ..................... .. 12-96
210-1 -210-6 .................. ... 3-96
210-7 ........................ .. 12-96
210-9 ........................ ... 5-96
211- 212 ..................... (no date)
213- 214 ..................... ... 5-96
215- 216 ..................... .. 12-96
217- 218 ..................... ... 5-96
219- 220 ..................... (no date)
221- 222 ..................... ... 5-96
223- 224 ..................... ... 3-87
225- 234 ..................... ... 5-96
235- 239 ..................... .. 12-96
240/242 ...................... .. 12-96
242-1 -242- 8 .................. ... 9-91
243- 244 ..................... .. 11-98
244-1 ........................ .. 11-98
Title 10:
245 ............................ 8-99
247-248 ....................... 12-96
249-250 ........................ 8-99
250-1-250-2 ..................... 8-99
251-25 8 ....................... 12-96
258-1 ........................... 9-92
Page Number Date
259-274 ....................... 12-96
275-276 ........................ 8-99
277 ........................... 12-96
278/278-2 ....................... 12-96
278-2a-278-2b .................... 1-95
279-281 ....................... 12-96
Title 11:
283 ........................... 12-96
285-290 ........................ 5-95
291-292 ....................... 11-97
292-1 .......................... 11-97
293-294 ........................ 8-94
295-296 ....................... 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
313-316 ........................ 6-99
317-318 ........................ 2-97
318-1 ........................... 8-94
319-320 ....................... 12-96
320a ............................ 5-95
3 20-1-3 20- 2 ..................... 5- 9 8
320-3 ........................... 5-96
321-322 ........................ 9-89
322-1 ........................... 9-89
323-324 ....................... 12-87
325-326 ....................... 11-86
327-328 ....................... 11-97
329-332 ....................... 12-96
332-1 .......................... 12-96
333-334 ....................... 11-86
3 34-1-334-3 .................... 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 8-99) 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
3 66-1 -366-2 ..................... 8-94
367- 368 ... .................. (no date)
368-1 -368-4 .................... 12-96
369- 372 ... .................. (no date)
373- 376 ... .................... 12-96
376-1 -376-2 .................... 12-96
376-2a ..... .................... 12-96
376-3 -376-4 ..................... 4-94
377- 378 ... .................... 12-96
378-1 -378-2 ..................... 6-99
378-3 -378-4 ..................... 5-96
378-5 -378-6 ..................... 6-99
379- 382 ... .................. (no date)
3 83- 3 85 ... ..................... 8-94
Title 15:
387-394 ........................ 5-98
395/411 ......................... 5-98
Title 16:
413-417 ........................ 8-99
418/420 ......................... 8-99
421--438 ........................ 5-98
439-443 ........................ 8-99
445-~46 ........................ 4-99
447-448 ........................ 8-99
448-1 ........................... 5-98
449-454 ....................... 10-93
Page Number Date
455-458 ........................ 5-98
45964 ........................ 8-99
464-1---464-4 ..................... 8-99
464-4a~64-4b .................... 8-99
464-4b.1-X64-4b.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 - 8 8
475-476 ........................ 5-98
477-480 ........................ 8-99
480-1-~80-2 ..................... 8-99
Title 17:
481 ............................ 8-98
483-484 ........................ 8-97
485-488 ....................... 10-93
489-490 ........................ 5-96
491-492 ....................... 11-98
492-1 .......................... 11-98
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
587-588 ........................ 2-93
588-1-5 88-4 ..................... 7-95
588-5-588-6 ..................... 8-99
111 (Cupertino 8-99)
Page Number Date
588-6a- 588-6b .................... 7-95
588-7- 588-8 ..................... 4-94
5 8 8-9- 5 88-12 .................... 8-99
588-12.1-588-12.8 ................. 8-99
588-12a -588-12b .................. 8-98
588-13 ..... . . . .................. 8-98
588-14a-588-14b .................. 5-98
588-14c ......................... 7-95
5 88-15- 588-16 ................... 2-93
5 8 8-17 -5 88-18 .................. 12-96
5 88-19 -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
Page Number Date
588-73- 588-74 ................... 4-99
588-74a -588-74b ................. 12-96
588-75- 588-76 ................... 2-97
588-76a-588-76c .................. 2-97
588-77- 588-78 ................... 2-93
588-79- 588-80 .................. 12-96
5 88-81- 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:
5 8 8-101 ........................ 12-94
5 8 8-103-5 88-106 ................. 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
614-9-614-13 .................... 8-99
Index:
61516 ....................... 12-96
61718 ........................ 5-98
619-620 ........................ 8-99
621-622 ........................ 8-97
623-627 ........................ 8-99
629/631 ......................... 3-96
633-638 ....................... 12-96
639-640 ........................ 8-99
640-1 ........................... 8- 99
641-642 ....................... 12-96
643-646 ........................ 8-99
647-648 ....................... 11-98
648-1 ........................... 5-98
649-651 ....................... 12-96
65 2/654 ........................ 12-96
(Cupertino 8-99) 1V
Page Number
Date
655-658 ........................ 5-98
659-660 ........................ 8-99
661-662 ................ . . . . .... 6-99
663-664 ........................ 8-98
665-666 ........................ 6-99
667-668 ........................ 8-98
669-670 ........................ 8-99
671-673 ........................ 8-98
v
(Cupertino 8-99)
Tiitle 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 City Council-Election and Meetings (Time and
Place)
2.06 City Council-Campaign Finance
2.08 City Council-Rulles and Conduct of Meetings
2.12 Introduction and ]Passage of Ordinances
2.16 City Council~al,aries
2.18 City Attorney
2.20 City Clerk
2.24 City Treasurer
2.28 City Manager
2.30 Code Enforcement Officer
2.32 Planning Commis!~ion
2.36 Park and Recreation Commission
2.40 Disaster Council
2.48 Departmental Organization
2.52 Personnel Code
2.60 Public Safety Commission
2.64 (Reserved)
2.68 Library Commission
2.74 Cupertino Telecommunications Commission
2.78 Landlord-Tenant iVlediation-Issuance of
Subpoenas
2.80 Fine Arts Commission
2.84 Environmental Review Committee
2.86 Housing CommittE~e
2.88 Audit Committee
2.90 Residential Design Review Committee
1 7 (Cupertino 8-99)
2.04.005
Chapter 2.04
CITY COUNCIL-ELECTION AND
MEETINGS (TIME AND PLACE)*
Sections:
2.04.005 Elections.
2.04.010 Regular meetings.
2.04.020 Special meetings.
2.04.025 Emergency meetings.
2.04.030 Place of meetings.
2.04.040 Vacancy.
2.04.050 Term limits.
* For statutory provisions regazding the scheduling of City Council
meetings, see Gov. Code §§ 36805-36809.
television station requesting notice in writing. The
notice shall be delivered personally or by mail and
be received at least twenty-four hours before the
time of the meeting as specified in the notice. The
call and notice shall specify the time and place of
the special meeting and the business to be transacted
or discussed. No other business shall be considered
at these meetings. The written notice may be dis-
pensed with as to any member of the City Council
who at or prior to the time the meeting convenes,
files with the City Clerk a written waiver of notice.
The waiver may be given by telegram. The written
notice may also be dispensed with as to any member
of the City Council who is actually present at the
meeting at the time it convenes. (Ord. 1697 (part),
1995: Ord. 389 § 3.2, 1968)
2.04.005 Elections.
General municipal elections shall be held in the
month of November odd-numbered years to coincide
with the uniform district elections. (Ord. 1697 (part),
1995)
2.04.010 Regular meetings.
The City Council shall hold regular meetings on
the first and third Mondays of each month at six
forty-five p.m., and may adjourn any regular meet-
ing at a date certain, which shall be specified in the
order of adjournment and when so adjourned, such
adjourned meeting shall be a regular meeting for all
purposes. Such adjourned meetings may likewise be
adjourned and any so adjourned shall be a regular
meeting for all purposes.
City Council meetings that fall on legal holidays
shall automatically be moved to the following day.
(Ord. 1822 (part), 1999: Ord. 1015, 1980; Ord. 978
(part), 1980: Ord. 389(a) § 1, 1970: Ord. 389 § 3.1,
1968)
2.04.020 Special meetings.
Special meetings may be called at any time by
the mayor or by three members of the City Council
by delivering personally or by mail written notice
to each member of the City Council and to each
local newspaper of general circulation, radio and
2.04.025 Emergency meetings.
In the case of an emergency situation involving
matters upon which prompt action is necessary due
to the description or threatened disruption of public
facilities, the City Council may hold an emergency
meeting without complying with either the twenty-
four-hour notice requirement or the twenty-four-hour
posting requirement described in Section 54956 of
the California Government Code. An emergency
meeting called under this section shall be otherwise
conducted in conformance with Section 54956.5 of
the California Government Code. (Ord. 1697 (part),
1995)
2.04.030 Place of meetings.
The regular meetings shall convene in the Coun-
cil Chamber or Conference Room, City Hall, 10300
Torre Avenue, Cupertino, California. All other meet-
ings unless changed in the written notice of meeting
or order of adjoumment shall be held in the Council
Chamber of City Hall, Cupertino, California. (Ord.
978 (part), 1980: Ord. 389 § 3.3, 1968)
2.04.040 Vacancy.
A. If any vacancy on the City Council occurs
other than by expiration of a term, the City Council
shall, at its option within thirty days from the com-
mencement of the vacancy, either fill the vacancy
19 (Cupertino 8-99)
2.04.040
by appointment for the unexpired term of the former
incumbent, or call a special election to fill the va-
cancy. The special election shall be held on the next
regularly established election date not less than one
hundred fourteen days from the call of the special
election.
B. Notwithstanding any other provision of this
section, the City Council may appoint any person,
otherwise qualified, to fill a City Council vacancy
to hold office only until the date of a special elec-
tion which is called to fill the remainder of the term
pursuant to subsection A of this section.
C. Notwithstanding any other provision of this
section, an appointment shall not be made to fill a
vacancy on the City Council if the appointment
would result in a majority of the members serving
on the Council having been appointed. The vacancy
shall be filled in one of the following ways:
1. The City Council may call an election to fill
the vacancy to be held on the next regularly estab-
lished election date not less than one hundred four-
teen days after the call;
2. If the City Council does not call an election
pursuant to subsection B 1 of this section, the vacan-
cy shall be filled at the next regularly established
election date. (Ord. 1697 (part), 1995; Ord. 1617,
1993: Ord. 1026 § 1, 1980)
2.04.050 Term limits.
The service of city councilmembers shall be
limited to two consecutive elected terms, fora maxi-
mum possible time (appointed and elected com-
bined) of ten years and three hundred fifty-four
days, after which they would not be eligible for
election or appointment to a council seat for four
years. (This section was adopted by a vote of the
people November 4, 1997.) (Ord. 1775, 1998)
(Cupertino 8-99) 20
2.06.010
Chapter 2.06
CITY COUNCIL-CAMPAIGN FINANCE
Sections:
2.06.010 Purposes.
2.06.020 Statutory authority.
2.06.030 Definitions.
2.06.040 Conflicts with provisions of
state law.
2.06.050 Constitutionality.
2.06.060 Construction.
2.06.070 Prohibited acts defined.
2.06.080 Penalty for violations.
2.06.090 Remedies cumulative.
2.06.100 Contribution limits.
2.06.110 Restrictions on when
contributions may be accepted.
2.06.120 Disclosure statements.
2.06.130 Audits, appeals and complaints.
2.06.140 Hearing proceedings.
2.06.150 Criminal proceedings.
2.06.010 Purposes.
A. The proper operation of democratic govern-
ment requires that elected officials be responsible to
the people; that monetary contributions to political
campaigns on behalf, or against, a candidate, while
a legitimate form of public participation in the polit-
ical process, should not be so great as to permit
particular individuals or organizations to exercise a
controlling or undue influence on the election of
City Councilpersons.
B. This chapter is intended to minimize the
potentially corrupting influence and appearance of
corruption caused by excessive contributions to City
Council campaigns or on behalf of, or against a
candidate, by providing for reasonable contribution
limits for candidates and "independent committees"
as part of the election process.
C. This chapter also is intended to lessen the
potentially corrupting pressures on candidates, of-
ficeholders, and committees, for fundraising by
establishing sensible time periods for soliciting and
accepting campaign contributions.
D. This chapter also seeks to enable each City
voter to cast an informed vote by requiring that
candidates disclose all campaign contributions prior
to a City election and by requiring independent
expenditure committees to reveal the source of their
funding prior to a City election consistent with free
speech principles contained in the Constitution of
the United States and the State of California. (Ord.
1818 (part), 1999: Ord. 1757 § 1 (part), 1997)
2.06.020 Statutory authority.
Section 85706(b) of the California Government
Code, adopted by the voters of the State of Califor-
nia on November 6, 1996, as part of Proposition
208, authorizes the City to impose lower
contribution limitations or other campaign disclo-
sures or prohibitions that are as, or more, stringent
than set forth under the applicable provisions of
state law. (Ord. 1818 (part), 1999: Ord. 1757 § 1
(part), 1997)
2.06.030 Definitions.
Unless otherwise provided in this chapter, all
words and phrases in this chapter shall have the
same meaning as are defined in Title 9 of the Cali-
fornia Government Code as then exists on the date
of enactment of this chapter or as it may be later
amended. Words and phrases not specifically de-
fined shall be construed according to the context and
approved usage of the language. (Ord. 1818 (part),
1999: Ord. 1757 § 1 (part), 1997)
2.06.040 Conflicts with provisions of state
law.
Where conflict occurs between any provision
established by this chapter and any provision of
applicable state law, the more restrictive or stringent
of any such provision shall apply. (Ord. 1818 (part),
1999: Ord. 1757 § 1 (part), 1997)
2.06.050 Constitutionality.
If any section, subsection, sentence, clause, or
phrase of this chapter is for any reason held to be
invalid or unconstitutional, such decision shall not
affect the validity of the remaining portions of this
20-1 (Cupertino 8-99)
2.06.050
chapter. The Council declares that it would have
passed this chapter, and each section, subsection,
sentence, clause and phrase thereof, irrespective of
the fact that any one or more sections, subsections,
sentences, clauses or phrases had been declazed
invalid or unconstitutional. (Ord. 1818 (part), 1999:
Ord. 1757 § 1 (part), 1997)
2.06.060 Construction.
The provisions of this chapter, and all proceed-
ings under it aze to be construed liberally with a
view to effect its purposes and to promote justice.
(Ord. 1818 (part), 1999: Ord. 1757 § 1 (part), 1997)
2.06.070 Prohibited acts defined.
Whenever in this chapter, any act or omission is
made unlawful, it shall include causing, allowing,
permitting, aiding, abetting, suffering, or concealing
the fact of such act or omission. (Ord. 1818 (part),
1999: Ord. 1757 § 1 (part), 1997)
2.06.080 Penalty for violations.
Any person who violates any provision of this
chapter is guilty of a misdemeanor punishable by a
fine not exceeding one thousand dollars, imprison-
ment for a term not exceeding six months, or by
both such fine and imprisonment. (Ord. 1818 (part),
1999: Ord. 1757 § 1 (part), 1997)
2.06.090 Remedies cumulative.
All remedies provided for in this chapter shall be
cumulative and not exclusive. All remedies con-
tained herein shall be in addition to any criminal or
civil penalties contained in Section 83116 et seq. of
the California Government Code or any other appli-
cable provision of state law. (Ord. 1818 (part),
1999: Ord. 1757 § 1 (part), 1997)
2.06.100 Contribution limits.
A. Except as provided hereinafter, no person,
other than small contributor committees or political
party committees, shall make to any candidate for
City Council or to the candidate's controlled com-
mittee, and no such candidate or the candidate's
controlled committee shall accept from any person,
a contribution or contributions totaling more than
one hundred dollazs for each election in which the
candidate is attempting to be on the ballot or is a
write-in candidate.
B. No small contributor committee or political
party committee shall make to any candidate for
City Council or the controlled committee of such a
candidate, and no candidate shall accept from a
small contributor committee or political party com-
mittee, acontribution or contributions totaling more
than two hundred dollars for each election in which
the candidate is attempting to be on the ballot or is
a write-in candidate.
C. The forgiveness of any debt constitutes a
campaign contribution and any forgiveness greater
than the contribution limits contained herein, either
for a candidate or an independent committee, is
prohibited.
D. The provisions of this section shall not apply
to a candidate's contribution of his or her personal
funds to his or her own campaign committee. Candi-
dates can contribute to their own campaigns at any
time before or after the election. The provisions of
this section limiting campaign contributions shall
apply to contributions from a spouse.
E. Notwithstanding the provisions of Section
2.06.100 and except as provided hereinafter, any
committee making independent expenditures of one
thousand dollazs or more shall not accept from any
person any contribution in excess of two hundred
fifty dollars for each election in which the commit-
tee is participating. (Ord. 1818 (part), 1999: Ord.
1797 (part), 1998; Ord. 1757 § 1 (part), 1997)
2.06.110 Restrictions on when
contributions may be accepted.
A. No candidate or committee may accept contri-
butions more than six months prior to the election
for which the contributions aze to be utilized.
B. No candidate may accept contributions later
than fourteen days prior to the election. In the event
that a candidate incurs more debt in his or her cam-
paign than can be paid by contributions, the candi-
date must retire the debt from his or her own per-
sonal funds prior to January 1st of the year follow-
(Cupertino 8-99) 2,0_2
2.06.110
ing the election. Failure to retire the debt by that
date constitutes a violation of this chapter.
C. No committee making independent expendi-
tures of one thousand dollars or more may accept
contributions later than four days before the elec-
tion. Any debt incurred by such committee which
is not retired from campaign contributions prior to
January 1st of the year following the election con-
stitutes aviolation of this chapter.
D. This section shall not apply to any funds
raised for the purposes described in Section
85305(d) of the California Government Code (relat-
ed to attorney's fees, cost of recounts, and other
costs described in Section 85305(d). (Ord. 1818
(part), 1999: Ord. 1757 § 1 (part), 1997)
2.06.120 Disclosure statements.
A. Forty days prior to a City Council election,
all candidates and independent expenditure commit-
tees shall file with the City Clerk two originals of
the first pre-election disclosure report required by
the Fair Political Practices Commission disclosing
the name, address, employer and contribution
amount of all persons making contributions exceed-
ing ninety-nine dollazs. Contributions requiring
disclosure include "in kind" contributions of a fair
mazket value of ninety-nine dollars or more. In
addition, committees making independent expendi-
tures of one thousand dollazs or more must also
disclose the name, address, and employer of all
officers of the committee. The filing period for the
initial disclosure is January 1st of the even num-
bered year prior to the election through forty-five
days prior to the election, and the deadline is five
p.m. in the City Clerk's Office. Facsimiles and post-
marks are not acceptable.
B. The following disclosure statements must be
filed by candidates and independent expenditure
committees twelve days prior to a city election: (1)
Two originals of the second pre-election disclosure
statement required by the Fair Political Practices
Commission. The filing period is forty-four days
prior through seventeen days prior to the election;
and (2) A City of Cupertino disclosure statement
must be filed by candidates and committees contain-
ing the same information as the disclosure statement
required by the Fair Political Practices Commission.
The filing period is sixteen days prior through four-
teen days prior to the election. The deadline for both
of these disclosure statements is five p.m. in the
City Clerk's Office. Facsimiles and postmarks are
not acceptable.
C. The City Clerk shall make all disclosure
statements available to the public upon request and
by posting them on the Cupertino Internet website
by the eighth day prior to the city election.
D. Four days prior to a city election, committees
making independent expenditures of one thousand
dollazs or more shall file a City of Cupertino disclo-
sure statement. The filing period for the City of
Cupertino disclosure is thirteen days prior to the
election through four days prior to the election, and
the deadline is five p.m. in the City Clerk's Office.
Facsimiles and postmazks are not acceptable.
E. On January 31st of the yeaz following a City
election, all candidates and independent expenditure
committees shall file semiannual disclosure state-
ments with the City Clerk as required by the Fair
Political Practices Commission. The filing period for
the final disclosure is from the sixteenth day prior
to the election through December 31st of the yeaz
of the election, and the deadline is five p.m. in the
City Clerk's Office. Facsimiles and postmarks are
not acceptable.
F. The filing of the above-described disclosure
statements do not relieve candidates or committees
from filing disclosure statements as required by the
Fair Political Practices Act. (Ord. 1818 (part), 1999:
Ord. 1797 (part), 1998: Ord. 1757 § 1 (part), 1997)
2.06.130 Audits, appeals and complaints.
A. The City Clerk shall engage the services of
an independent auditor who shall review, in detail,
all campaign disclosure statements.
B. Within five days after the initial disclosure
statements proscribed by Section 2.06.130A aze filed
with the City Clerk, the auditor shall prepare and
submit to the City Clerk a written report describing
any and all violations with respect to this chapter
which have appeared from the statements on file.
20-3 (Cupertino 8-99)
2.06.130
The clerk shall disseminate the report to the public
forthwith.
C. Any person, including a candidate, wishing
to contest any portion of the auditor's report regard-
ingany initial disclosure statement or wishing to file
a separate complaint against a candidate or commit-
tee alleging a violation or violations of this chapter
shall do so in writing filed with the City Clerk
within five days of the public release of the
auditor's report regarding initial disclosure state-
ments.
D. Within five days after the filing of any such
contest or complaint, a hearing open to the public
shall be held by an independent administrative judge
engaged by the City, who will decide the merits of
any such contest or complaint. Within five days
after the completion of the hearing, the judge shall
issue a written decision which will be made avail-
able to the public.
E. Within three days after the second preelec-
tion disclosure period for candidates as described in
Section 2.06.130B has elapsed (nine days prior to
the election) the auditor shall prepare and submit to
the City Clerk a second report describing violations
of this chapter which have occurred since the first
reporting period. The Clerk shall disseminate the
report to the public forthwith.
F. Any person, including a candidate, wishing
to contest the auditor's report regarding any second
pre-election disclosure statement by a candidate or
wishing to file a separate complaint against a candi-
date or independent expenditure committee regard-
ing aviolation or violations of this chapter which
are alleged to have occurred during the second
reporting period may do so in the same manner
described in subsection C of this section; provided
however, that such contest or complaint must be
filed within twenty-four hours of the public release
of the auditor's report regarding the second disclo-
sure. Within forty-eight hours of the filing of any
such contest or complaint (six days prior to the
election), a hearing open to the public will be held
by the independent administrative judge regarding
the contest or complaint. No later than noon on the
fourth day prior to the election, the independent
administrative judge will issue and make public a
written opinion regarding each appeal or complaint.
G. The amendment of any disclosure statement
which is the subject of a violation determination
made by the auditor must be filed within forty-eight
hours of the auditor's report.
H. Whenever any contest or complaint is filed
with the City Clerk pursuant to this chapter, or
whenever a hearing before the independent adminis-
trative judge is set, the Clerk shall provide written
notice to the contestant, the complainant, the rele-
vant candidate or independent committee of the
filing or hearing through either personal delivery or
fax within twenty-four hours of the filing and/or
twenty-four hours prior to any hearing, as the case
may be. Any notice of hearing shall contain the
date, time, and place of such hearing and shall have
appended to aid notice a copy of this chapter.
I. With respect to any disclosure statement
required by this chapter to be filed after an election,
the audit and appeal procedure described in Section
2.06.140B, C and D shall be followed. (Ord. 1818
(part), 1999: Ord. 1757 § 1 (part), 1997)
2.06.140 Hearing proceedings.
A. The independent administrative judge shall
conduct all hearings described in Section 2.06.140
in a manner consistent with the Rules of "Procedure
for Conducting Hearing" described in Appendix A
attached to this chapter.
B. The judge shall use his or her independent
judgment as to the evidence presented.
C. The burden of proof with respect to any
contest or complaint shall be on the party making
the contest or complaint. The burden of proof of any
fact is upon the person asserting the fact. The bur-
den of proof as to any fact is by a preponderance of
the evidence.
D. Notwithstanding anything to the contrary
contained in subsection C of this section, any factual
determination or finding of fact made by the City's
auditor contained in his or her report shall constitute
a rebuttable presumption as to the truth of the deter-
mination or finding.
(Cupertino 8-99) 20-4
2.06.140
E. At the conclusion of the hearing, the judge
may, in his or her discretion, order any party to
reimburse the City for any costs associated with the
hearing, including audit costs. (Ord. 1818 (part),
1999: Ord. 1757 § 1 (part), 1997)
2.06.150 Criminal proceedings.
Any criminal proceedings against any person for
a violation of this chapter will be prosecuted by an
independent city prosecutor selected by the Presid-
ing Judge of the Santa Clara County Superior Court.
(Ord. 1818 (part), 1999: Ord. 1757 § 1 (part), 1997)
20-4a (Cupertino 8-99)
2.16.010
Chapter 2.16
CITY COUNCIL~ALARIES*
Sections:
2.16.010 Statutory basis.
2.16.020 Amount of salary-Effective
date.
2.16.030 Reimbursement.
* For statutory provisions regarding salary schedules for city council-
men, see Gov. Code § 36516.
2.16.010 Statutory basis.
Section 36516 of the Government Code of the
State authorizes the City Council to enact an ordi-
nance providing that each member of the City
Council receive a salary in accordance with a sched-
ule set forth in said section. (Ord. 1832 (part), 1999:
Ord. 1792 (part), 1998: Ord. 1728 (part), 1996: Ord.
1660 (part), 1994: Ord. 393 § 1, 1969)
2.16.020 Amount of salary-Effective date.
A. Each member of the City Council shall re-
ceive asalary of five hundred thirty-five dollars and
eighty cents per month, or fraction thereof.
B. Upon beginning a new term of office for a
Councilmember, the Council shall receive a salary
of five hundred sixty-two dollars and fifty-nine
cents per month, or fraction thereof. (Ord. 1832
(part), 1999: Ord. 1792 (part), 1998: Ord. 1728
(part), 1996: Ord. 1660 (part), 1994: Ord. 1487,
1989: Ord. 1402, 1987: Ord. 1281, 1984: Ord. 977,
1980: Ord. 721 § 1, 1976: Ord. 393 § 5, 1969)
2.16.030 Reimbursement.
The salaries prescribed herein are and shall be
exclusive of any amounts payable to each member
of the Council as reimbursement for actual and
necessary expenses incurred by him/her in the per-
formance of official duties for the City. (Ord. 1832
(part), 1999: Ord. 1792 (part), 1998: Ord. 1728
(part), 1996: Ord. 1660 (part), 1994: Ord. 326 § 5,
1966)
23
(Cupertino 8-99)
2.18.010
Chapter 2.18
CITY ATTORNEY
Sections:
2.18.010 Office of the City Attorney
established.
2.18.020 Function and duties.
2.18.030 Council-Attorney relations.
2.18.040 Attorney-staff relations.
2.18.050 Relations between Attorney
and individual members of the
public.
2.18.060 Bond.
2.18.070 Acting City Attorney.
2.18.080 Agreements on employment.
2.18.090 Assistants and employees.
2.18.100 Eligibility.
2.18.110 Suspension-Removal-
Resignation.
2.18.010 Office of the City Attorney
established.
A. The office of the City Attorney, as set forth
in Government Code Section 36505, is established.
The City Attorney shall be appointed by the City
Council wholly on the basis of his or her qualifica-
tions. The City Attorney shall hold office for and
during the pleasure of the City Council.
B. The office of the City Attorney shall consist
of the City Attorney and such assistants as may be
authorized by the Council.
C. The City Attorney shall administer the office,
be responsible for the successful performance of its
functions, and shall serve under the direct supervi-
sion and control of the Council as its legal advisor.
D. The Council may retain or employ other
attorneys, assistants, or special counsel as may be
needed to take charge of any litigation or legal
matters or to assist the City Attorney therein. (Ord.
1673 § 1 (part), 1994)
2.18.020 Function and duties.
The functions of the office of the City Attorney
shall be to:
A. Advise the Council and all City officers in all
matters pertaining to their offices;
B. Furnish legal services at all meetings of the
Council, except when excused or disabled, and give
advice or opinions on the legality of all matters
under consideration by the Council or by any of the
boards, commissions, committees or officers;
C. Prepare and/or approve all ordinances, resolu-
tions, agreements, contracts, and other legal instru-
ments as shall be required for the proper conduct of
the business of the City and approve the form of all
contracts, agreements, and bonds given to the City;
D. Provide the necessary legal services required
in connection with the acquisition of land or ease-
ments on behalf of the City;
E. Subject to the general direction of the Coun-
cil, prosecute and defend the City, and all boards,
officers and employees in their official capacities,
all civil proceedings before judicial and quasi-judi-
cial tribunals. The City Attorney shall not compro-
mise, settle or dismiss any action for or against the
City without permission of the City Council. Nor
shall the City Attorney commence any civil action
without the permission of the Council.
F. Prosecute all violations of City ordinance;
provided, however, that the City Attorney is not
required to prosecute any misdemeanor or infraction
within the City arising out of a violation of State
law. (Ord. 1673 § 1 (part), 1994)
2.18.030 Council-Attorney relations.
Individual Councilmembers may seek and obtain
legal advice from the City Attorney on any matter
or matters pertaining to the legal position of the
City. Any such advice given to individual
Councilmembers, however, may be repeated to the
entire Council at any regular or special Council
meeting. With respect to advice to individual
Councilmembers regarding potential conflicts of
interest, the City Attorney may render informal
advice; provided, however, that it is understood that
a Councilmember is automatically protected from
(Cupertino 8-99) 24
2.90.010
Chapter 2.90
RESIDENTIAL DESIGN REVIEW
COMMITTEE
2.90.040 Chairperson.
The chairperson shall be the Planning Commis-
sioner member. (Ord. 1817 § 1 (part), 1999)
Sections:
2.90.010 Established.
2.90.020 Terms of office.
2.90.030 Vacancy or removal.
2.90.040 Chairperson.
2.90.050 Meeting-Quorum.
2.90.060 Licensed architect.
2.90.070 Records-Agendas.
2.90.080 Powers and functions.
2.90.090 Procedural rules.
2.90.100 Effect.
2.90.010 Established.
The Residential Design Review Committee
(RDRC) is established. The RDRC shall consist of
one Planning Commissioner or his or her alternate,
the Director of Community Development or his or
her alternate, and one licensed architect under con-
tract with the City. The Planning Commission mem-
ber shall be appointed by the City Council. (Ord.
1817 § 1 (part), 1999)
2.90.020 Terms of office.
Committee members serve at the pleasure of the
City Council. The term of the Planning Commis-
sioner is one year and shall end on January 15th of
each year. The term of office of the architect is two
years. (Ord. 1817 § 1 (part), 1999)
2.90.030 Vacancy or removal.
The Planning Commissioner or architect may be
removed by a majority vote of the City Council. If
a vacancy occurs including an expiration of a term,
it shall be filled by the Mayor's appointment for the
unexpired portion of the term. (Ord. 1817 § 1 (part),
1999)
2.90.050 Meeting-Quorum.
A. The RDRC shall meet at dates and times
prescribed by the committee. Meetings shall be held
at City Hall, 10300 Torre Avenue, Cupertino, Cali-
fornia. The committee may adjourn any regular
meeting to a date certain, which shall be specified
in the order of adjournment. When so adjourned,
such meeting shall be a regular meeting for all
purpose.
B. Special meetings of the committee may be
called at any time by the chairperson or by any two
members of the committee upon written notice
being given to all ..members at least twenty-four
hours prior to the meeting, unless notice is waived
in writing by each member.
C. A majority of the RDRC shall constitute a
quorum for the purpose of transacting the business
of the committee. A majority vote of the quorum is
required to approve any decision of the committee.
A tie vote constitutes a denial of any application or
request. (Ord. 1817 § 1 (part), 1999)
2.90.060 Licensed architect.
The licensed architect member shall be selected
by the City Council and shall be compensated based
upon a contract with the City for a period not ex-
ceeding two years. (Ord. 1817 § 1 (part), 1999)
2.90.070 Records-Agendas.
A. The committee shall keep an accurate record
of its proceedings and transactions and shall render
such reports to the City Council and Planning Com-
mission as may be requested. The committee shall
also comply with all requirements of the State of
California Open meeting law (the Brown Act), in-
cluding the preparation and posting of meeting
agendas.
B. The committee shall be furnished with a
secretary employed by the City to keep accurate
records of the committee. All records so prepared
70-11 (Cupertino 8-99)
2.90.070
by the secretary shall be flied with the City Clerk.
(Ord. 1817 § 1 (part), 1999)
2.90.080 Powers and functions.
The powers and functions of the RDRC are as
follows:
A. Under the provisions of Chapter 19.28 of the
City's ordinance code, approve, modify or deny
applications or requests for two-story residential
development located in asingle-family residential
zoning district, or a planned development zoning
district that directly incorporates R-1 ordinance stan-
dards.
B. Under the provisions of Chapter 19.28 of the
City's ordinance code, approve, modify or deny
applications or requests for exceptions from R-1
standazds.
C. Perform other functions as the City Council
requires. (Ord. 1817 § 1 (part), 1999)
2.90.090 Procedural rules.
The RDRC may adopt from time to time such
rules or .procedures, as it may deem necessary to
properly exercise its powers and functions. Such
rules shall be subject to approval by the City Coun-
cil before becoming effective. All such rules shall
be kept on file with the chairperson of RDRC and
the City Clerk and a copy thereof shall be furnished
to any person upon request. (Ord. 1817 § 1 (part),
1999)
2.90.100 Effect.
Nothing in this chapter shall be construed as
restricting or curtailing any powers of the City
Council, Planning Commission or City officers.
(Ord. 1817 § 1 (part), 1999)
~c~~w~o s-~> 70-12
3.12.010
Chapter 3.12
TRANSIENT OCCUPANCY TAX*
Sections:
3.12.010 Short title.
3.12.020 Definitions.
3.12.030 Imposition.
3.12.050 Operator's duties.
3.12.060 Registration.
3.12.070 Reporting and remitting.
3.12.080 Penalties and interest.
3.12.090 Failure to collect and report
tax-Determination of tax by
Tax Administrator.
3.12.100 Appeal.
3.12.110 Records.
3.12.120 Refunds.
3.12.130 Actions to collect.
3.12.140 Violation-Penalty.
* For statutory provisions regarding the authority of cities to impose
a tax on the occupancy of room space within the city limits, see
Rev. and Tax. Code Sec. 7280.
3.12.010 Short title.
This chapter shall be known as the "uniform
transient occupancy tax ordinance" of the City.
(Ord. 310 § 1, 1965)
3.12.020 Definitions.
Except where the context otherwise requires, the
definitions given in this section govern the construc-
tion of this chapter:
A. "Person" means any individual, firm, partner-
ship, joint venture, association, social club, fraternal
organization, joint stock company, corporation,
estate, trust, business trust, receiver, trustee, syndi-
cate, or any other group or combination acting as a
unit;
B. "Hotel" means any structure, or any portion
of any structure, which is occupied or intended or
designed for occupancy by transients for dwelling,
lodging or sleeping purposes, and includes any
hotel, inn, tourist home or house, motel, studio
hotel, bachelor hotel, lodging house, rooming house,
apartment house, dormitory, public or private club,
mobilehome or house trailer at a fixed location, or
other similar structure or portion thereof;
C. "Occupancy" means the use or possession, or
the right to the use or possession of any room or
rooms or portion thereof, in any hotel for dwelling,
lodging or sleeping purposes;
D. "Transient" means any person who exercises
occupancy or is entitled to occupancy by reason of
concession, permit, right of access, license or other
agreement for a period of thirty consecutive calendar
days or less, counting portions of calendar days as
full days. Any such person so occupying space in
a hotel shall be deemed to be a transient until the
period of thirty days has expired unless there is an
agreement in writing between the operator and the
occupant providing for a longer period of occupan-
cy. In determining whether a person is a transient,
uninterrupted periods of time extending both prior
and subsequent to the effective date of the ordinance
codified herein may be considered;
E. "Rent" means the consideration charged,
whether or not received, for the occupancy of space
in a hotel valued in money, whether to be received
in money, goods, labor or otherwise, including all
receipts, cash, credits and property and services of
any kind or nature, without any deduction therefrom
whatsoever;
F. "Operator" means the person who is propri-
etor of the hotel, whether in the capacity of owner,
lessee, sublessee, mortgagee in possession, licensee,
or any other capacity. Where the operator performs
his functions through a managing agent of any type
or character other than an employee, the managing
agent shall also be deemed an operator for the pur-
poses of this chapter and shall have the same duties
and liabilities as his principal. Compliance with the
provisions of this chapter by either the principal or
the managing agent shall, however, be considered
to be compliance by both;
G. "Tax Administrator" means the City's Direc-
tor of Administrative Services or designee. (Ord.
1705 (part), 1995; Ord. 310 § 2, 1965)
77 (Cupertino 8-99)
3.12.030
3.12.030 Imposition.
For the privilege of occupancy in any hotel, each
transient is subject to and shall pay a tax in the
amount of ten percent of the rent chazged by the
operator. The tax constitutes a debt owed by the
transient to the City, which is extinguished only by
payment to the operator or to the City. The transient
shall pay the tax to the operator of the hotel at the
time the rent is paid. If the rent is paid in install-
ments, aproportionate shaze of the tax shall be paid
with each installment. The unpaid tax shall be due
upon the transient's ceasing to occupy space in the
hotel. If for any reason the tax due is not paid to the
operator of the hotel, the Tax Administrator may
require that such tax is paid directly to the Tax
Administrator. (Ord. 1705 (part), 1995; Ord. 1563,
1991: Ord. 1520, 1990; Ord. 1485, 1989; Ord. 1400,
1987; Ord. 1341, 1985; Ord. 1210, 1982; Ord. 1187,
1982; Ord. 310 § 3, 1965)
3.12.050 Operator's duties.
Each operator shall collect the tax imposed by
this chapter to the same extent and at the same time
as the rent is collected from every transient. The
amount of tax shall be separately stated from the
amount of the rent chazged, and each transient shall
receive a receipt for payment from the operator. No
operator of a hotel shall advertise or state in any
manner, whether directly or indirectly, that the tax
or any part thereof will be assumed or absorbed by
the operator, or that it will not be added to the rent,
or that, if added, any part will be refunded except
in the manner hereinafter provided. (Ord. 310 § 5,
1965)
3.12.060 Registration.
Within thirty days after the effective date of the
ordinance codified herein, or within thirty days after
commencing business, whichever is later, each oper-
ator of any hotel renting occupancy to transients
shall register the hotel with the Tax Administrator
and obtain from him a "Transient Occupancy Regis-
tration Certificate" to be at all times posted in a
conspicuous place on the premises. The certificate
shall, among other things, state the following:
A. The name of the operator;
B. The address of the hotel;
C. The date upon which the certificate was is-
sued;
D. "This Transient Occupancy Registration Cer-
tificate" signifies that the person named on the face
hereof has fulfilled the requirements of the Uniform
Transient Occupancy Tax Ordinance by registering
with the Tax Administrator for the purpose of col-
lectingfrom transients the Transient Occupancy Tax
and remitting said tax to the Tax Administrator.
This certificate does not authorize any person to
conduct any unlawful business or to conduct any
lawful business in an unlawful manner, nor to oper-
ate ahotel without strictly complying with all local
applicable laws, including but not limited to those
requiring a
(Cupertino 8-99) 7886
5.04.260
5.04.260 Sworn statements required by
chapter not conclusive-
Information confidential.
No statements set forth in any sworn statement
required or permitted by this chapter shall be con-
clusive as to the matters set forth therein, nor shall
the filing of the statement preclude the City from
collecting by appropriate action such sum as is
actually due and payable under this chapter. Such
statements and each of the several items therein
contained shall be subject to review and verification
by the Collector. Information furnished or secured
pursuant to such statements which relate to the
amount of tax to be assessed against the applicant
or licensee shall be confidential and shall not be
made available to the public. (Ord. 1612 § 1 (part),
1992)
5.04.270 Extension of time for filing sworn
statement.
The Collector may, for good cause shown, extend
the time for filing any sworn statement required or
permitted under this chapter for a period not to
exceed thirty days, and may waive any penalty that
would otherwise have accrued. (Ord. 1612 § 1
(part), 1992)
5.04.280 Imposition of tax-Business
generally.
Every person engaged in a business not specifi-
cally mentioned or classified in this chapter, within
the City of Cupertino, shall pay a business license
tax in accordance with the following schedule:
A. A basic tax of seventy-five dollars per yeaz;
B. In addition, each such person shall pay a fee
as follows:
For purposes of this section, "floor area" means
the total floor space in terms of square footage
occupied by an owner, lessee or tenant in a building,
less fifteen percent. This adjustment allows for
elevator shafts, stairwells, courts or atria (uncovered
and open to the sky), and rooms exclusively housing
building operating equipment. (Ord. 1822 (part),
1999: Ord. 1612 § 1 (part), 1992)
5.04.290 Agents, solicitors and
salespersons.
Each agent, solicitor, and salesperson selling or
soliciting, or taking orders for the sale or furnishing
of any paintings, pictures, portraits, photographs,
orders for advertising or for any goods, wazes, mer-
chandise or service at retail, not otherwise provided
herein when not in connection with any fixed place
of business within the City licensed under this chap-
ter, shall pay a business license tax of seventy-five
dollars. Commencing with enactment of the ordi-
nance codified in this chapter, and for the period of
one year; the tax rate will be fifty percent of the
established rate. (Ord. 1612 § 1 (part), 1992)
5.04.300 Amusement centers.
As used herein, the term "amusement center"
means any place to which the public is admitted or
invited, where eight or more coin- ortoken-operated
amusement machines are maintained, operated or
available for operation. Every person operating an
amusement center shall pay a business license tax
of one hundred fifty dollars, and five dollars per
machine per yeaz. Commencing with enactment of
the ordinance codified in this chapter, and for the
period of one year; the tax rate will be fifty percent
of the established rate. (Ord. 1612 § 1 (part), 1992)
Square Feet Rate per Square Foot
0-5,000 .0200
5,001-25,000 .0175
25,001-75,000 .0150
75,001-100,000 .0125
100,001-150,000 .0100
150,001 and above .0025
5.04.310 Amusements generally.
Every person operating a business where admis-
sion, fares, or a fee is chazged or made, or a collec-
tion or contribution is received (and which are not
otherwise provided for in this chapter) for entrance
to amusements, such as exhibitions, shows, games,
rides, tent performances, ball games, dart games,
illusions and other amusements or concessions simi-
1 1 1 (Cupertino 8-99)
5.04.310
laz in character to those, or any of those herein
before named shall pay a business license tax of
seventy-five dollars per day. Commencing with
enactment of the ordinance codified in this chapter,
and for the period of one year, the tax rate will be
fifty percent of the established rate. (Ord. 1612 § 1
(part), 1992)
5.04.320 Apartment houses and apartment
complexes.
A. For purposes of this section, apartment house
complex means two or more individual buildings
containing dwelling units located upon the same
property, or on contiguous property under the same
ownership.
B. Every person owning apartment houses, or
apaztment house complexes, shall pay a business
license tax of one hundred dollars per yeaz for up
to the first four dwelling units, and seven dollazs per
yeaz for each additional dwelling unit; provided,
however, that the dwelling units used in computing
the obligation to pay the business license tax shall
be dwelling units rented or leased, and the dwelling
units held for rent or lease shall not include a dwell-
ing unit occupied by the owner. Commencing with
enactment of the ordinance codified in this chapter,
and for the period of one year, the tax rate will be
fifty percent of the established rate. (Ord. 1612 § 1
(part), 1992)
5.04.330 Seasonal lot sales.
Every person engaged in the business of seasonal
lot sales shall pay a business license tax of one
hundred fifty dollars per year. Commencing with
enactment of the ordinance codified in this chapter,
and for the period of one yeaz, the tax rate will be
fifty percent of the established rate. (Ord. 1612 § 1
(part), 1992)
5.04.340 Concerts, circuses and
performances.
Every person operating a concert, circus or other
performance shall pay a business license tax for the
first day of one hundred fifty dollars and twenty-
five dollars per day thereafter. Commencing with
enactment of the ordinance codified in this chapter,
and for the period of one year, the tax rate will be
fifty percent of the established rate. (Ord. 1612 § 1
(part), 1992)
5.04.350 Lumberyard, building material
yard, junkyard-Plant nurseries.
Every person owning or operating a business
engaged in the sale of lumber, building material,
secondhand building material, junkyazd, or outdoor
yard of similar character, or wholesale or retail
nursery, shall pay a business license tax in accor-
dance with the following schedule:
A. A basic tax of seventy-five dollars per year.
B. In addition each person shall pay a fee of five
dollars per year per acre of space owned, leased or
rented for the purposes set forth above.
C. Commencing with enactment of the ordinance
codified in this chapter, and for the period of one
year, the tax rate will be fifty percent of the estab-
lished rate. (Ord. 1612 § 1 (part), 1992)
5.04.360 Coin-operated device (persons en-
gaged in the business of renting,
leasing or operating the same).
Every person engaged in the business of renting,
leasing or operating coin-operated vending ma-
chines, shall pay a business license tax of seventy-
five dollars per year, and five dollazs for each ma-
chine. Commencing with enactment of the ordinance
codified in this chapter, and for the period of one
yeaz, the tax rate will be fifty percent of the estab-
lished rate. (Ord. 1612 § 1 (part), 1992)
5.04.370 Contractors.
Every person engaged within the City of Cuperti-
no in the business of contracting as a general build-
ing contractor, electrical contractor, plumbing con-
tractor, lathing and plastering contractor, subcontrac-
(Cupertino 8-99) 112
5.28.070
which a license has been granted each day from
eight p.m. to midnight. Each application must be for
a minimum of not less than three taxicabs;
L. An agreement whereby the applicant agrees
that he will maintain on the premises of his princi-
pal place of business, in operating order, at all
times, at least one telephone for every eight taxi-
cabs, and that at all times there will be an operator
in charge of said phone or phones, who shall devote
himself exclusively to answering said phones and
dispatching taxicabs in response to requests therefor;
M. A sworn financial statement of the applicant;
N. Evidence of enrollment in a mandatory con-
trolled substance and alcohol testing certification
program for all drivers with Cupertino listed as a
notified party;
O. Such further information as the City Manager
or designee may require.
The applicant may meet the requirements of this
section by filing with the City Manager, or his
designated representative, acopy of any applications
filed with any other California jurisdiction requiring
substantially the same information as required by
this section. (Ord. 1822 (part), 1999; Ord. 1722
(part), 1996; Ord. 1705 (part), 1995; Ord. 883 (part),
1978)
5.28.080 Permit-Denial.
The City Manager shall deny an owner's permit
to any applicant if it appears to his satisfaction that
such vehicle proposed to be operated is inadequate
or unsafe; that the applicant has been convicted of
a felony or violation of any narcotic law or of any
penal law involving moral turpitude; that the
applicant's proposed color scheme or other insignia
will tend to confuse the identification of the vehicles
proposed to be operated by such applicant with
those of another owner operating in the City; or that
the applicant has failed to provide the necessary
information required in Section 5.28.070. (Ord. 1705
(part), 1995: Ord. 883 (part), 1978)
5.28.090 Permit-Term.
The permit issued under this chapter shall be for
a term of two years. At the expiration of the term,
unless a new permit is issued under the provisions
of this chapter, or unless the City Council, for good
cause, extends the term of the original permit for a
period not to exceed two years, the permit shall be
deemed to have expired and shall no longer be
valid. (Ord. 883 (part), 1978)
5.28.100 Permit-Revocation or
suspension.
The City Manager may revoke or suspend any
owner's permit to operate a taxicab or taxicabs on
the following grounds:
A. Violation by the permittee, or his agents, of
any of the provisions of this chapter or any ordi-
nances relating to traffic or use of streets;
B. Failure of the permittee, or his agents, to pay
judgment for damages arising from the unlawful or
negligent operation of the taxicab or taxicabs for
which the permit was issued;
C. A finding that any taxicab operated by the
permittee, or his agents, within the city is inadequate
or unsafe;
D. The permittee, or his agent, has been convict-
ed of a felony or violation of any narcotic law or of
any criminal violation involving moral turpitude;
E. Failure of the permittee, or his agents, to
comply with a mandatory controlled substance and
alcohol testing certification program as provided for
in Section 53075.5 of the California Government
Code. (Ord. 1722 (part), 1996; Ord. 1705 (part),
1995; Ord. 883 (part), 1978)
5.28.110 Permit-Additional.
Any owner holding a permit to operate one or
more taxicabs as provided in this chapter, who
desires to add to the number of such vehicles shall
do so only upon obtaining from the City Manager
permission therefor, which shall be granted only
upon application made in the same manner and
under the same proceedings as are required in this
chapter in the instance of obtaining the original
permit. Any owner holding a permit to operate one
or more taxicabs as provided in this chapter, who
desires to substitute a different vehicle for a vehicle
125 (Cupertino 8-99)
5.28.110
operated under such permit, shall do so only upon
obtaining, from the City Manager, permission there-
for, which shall be granted only upon written appli-
cation setting forth the particulazs of such proposed
substitution, and upon otherwise complying with the
requirements of this chapter. The City Manager shall
have the same authority in granting or denying such
application for permission to add or substitute as is
in this chapter vested in him in the matter of origi-
nal application. (Ord. 1705 (part), 1995: Ord. 883
(Part), 1978)
5.28.120 Liability policy-Provisions.
It is unlawful for any owner to drive or operate,
or cause or permit to be driven or operated, any
public motor vehicle in the City, unless such owner
has placed on file with the City Manager, or his
designated representative, awritten certificate or
certificates of a responsible and solvent individual
authorized to issue such policy under the laws of the
State of California, that it has issued to or for the
benefit of the owner, a motor vehicle liability policy
or policies which, at the date of said certificate or
certificates, aze in full force and effect, and desig-
nating therein that any and all public motor vehicles
which may be driven or operated under any permit
granted to such owner under the provisions of this
chapter are, or will be, covered under said policy or
policies. (Ord. 883 (part), 1978)
5.28.130 Liability policy-Requirements.
A. The motor vehicle liability policy required
under the provisions of Section 5.28.120 shall insure
the owner, as defined in Section 5.28.010, and any
other person using or responsible for the use of any
such vehicle with the consent, express or implied,
of such owner, against loss from the liability im-
posed upon an owner by law for injury to, or death
of, any person, or damage to property, growing out
of the maintenance, operation or ownership of any
public motor vehicle to the amount or limit of one
hundred thousand dollazs, exclusive of interest and
costs, on account of injury to, or death of any one
person, of three hundred thousand dollazs, exclusive
of interest and costs, on account of any one accident
resulting in injury to, or death of more than one
person, and of fifty thousand dollars for damage to
property of others, resulting from any one accident.
B. The motor vehicle liability policy shall inure
to the benefit of any and all persons, suffering loss
or damage either to person or property, as herein
provided, and the liability of the insurance carrier
shall be in no manner abrogated or abated by the
death of the tort-feasor and/or the owner. (Ord. l 705
(part), 1995; Ord. 883 (part), 1978)
5.28.140 Liability policy-Cancellation
notice.
Every certificate required under the provisions of
Section 5.28.120 of this chapter shall certify that the
motor vehicle liability policy or policies therein
cited shall not be canceled except upon ten days'
prior written notice thereof to the City Clerk. Said
motor vehicle liability insurance shall be a continu-
ing liability up to the full amount thereof, notwith-
standing any recovery thereon, and said certificates
thereof shall so certify. All motor vehicle liability
policies and all certificates thereof shall be subject
to the approval of the City Attorney and the City
Manager, or his designated representative, in any
and all matters and if at any time, in the judgment
of the City Manager, or his designated representa-
tive, said motor vehicle liability policies aze not
sufficient for any cause, said City Manager, or his
designated representative, may require the owner of
such public motor vehicle who filed the same to
replace said motor vehicle policies within ten days
with other policies in accordance with the provisions
of this chapter. If said owner fails to replace said
motor vehicle policies within said ten-day period
with good and sufficient policies, as aforesaid, then
at the termination of said period the owner's permit
issued hereunder shall be by such failure automati-
cally suspended until such time as said requirement
is complied with, and the City Manager, or his
designated representative, shall enforce such suspen-
sion. (Ord. 883 (part), 1978)
5.28.150 Liability policy-Bond.
A. Subject to the approval of the City Manager,
cc~~ti~o s-~~ 126
5.28.150
or his designated representative, the owner of any
taxicab or taxicabs, operated under the provisions of
this chapter, may file a bond of responsible and
solvent individual authorized to issue such bonds
under the laws of the State of California, containing
the conditions, and giving the protection required in
the motor vehicle liability policy required by Sec-
tions 5.28.120 through 5.28.140, in lieu of either, all
or any part of the insurance coverage required by
said sections.
B. In the event of the filing of a bond under the
provisions of this section, the applicable provisions
of said Sections 5.28.120 through 5.28.140 shall
govern the furnishing of such bond and the owner
filing it. (Ord. 883 (part), 1978)
5.28.160 Driver's permit-Required.
It is unlawful for any driver to operate any taxi-
cab in the City unless there exists a valid pernrit so
to do as herein provided. Application for such
driver's permit shall be made to the City Manager,
or his designated representative, shall be in writing
and in duplicate, and the original thereof shall be
duly acknowledged before some person lawfully
authorized to administer oaths. Such original shall
be forthwith transmitted to the City Manager, or his
designated representative. Said application shall set
forth the name, age and address of the applicant, his
past experience in operating automobiles, the names
and addresses of his employers during the preceding
period of three yeass, whether or not a chauffeur's
license issued to him by the State of California, or
any state or governmental agency has ever been
revoked, the name and address of the owner by
whom he is to be employed as a driver (which said
owner shall endorse the said application), and such
additional information as the City Manager, or his
designated representative, may require. (Ord. 883
(Part), 1978)
5.28.165 Driver's permit-Application-
Issuance.
Upon application for a driver's permit, and before
it is issued, the driver, whether the owner or other-
wise, must:
A. Evidence a proficient knowledge of the traffic
laws of the City and of the State, and demonstrate
his ability to operate a taxicab, all to the satisfaction
of the City Manager, or his designated representa-
tive;
B. Be fingerprinted by and his record filed in the
Police Department Bureau of Identification;
C. File with his application two recent photo-
graphs (size one and one-half by one and one-half
inch), one to be filed with his application and one
to be permanently attached to his driver's permit
when issued, which permit shall be posted in a place
conspicuous from the passenger's compartment of
the taxicab while the driver is operating the taxicab;
D. File with his application a copy of his current
drivers license issued by the State of California;
E. Have on file with the City certification from
employer of a current negative test for alcohol and
for each of the controlled substances specified in
Part 40 (commencing with Section 40.1) of Title 49
of the Code of Federal Regulations. (A "negative
test for alcohol" means an alcohol screening test
showing a breath alcohol concentration of less than
0.02 percent.) Self-employed independent drivers
shall have test results reported directly to the City
Manager from the testing agency.
The applicant may meet the requirements of this
section by filing with the City Manager, or his
designated representative, acopy of any application
filed with any other California jurisdiction requiring
substantially the same information as required by
this section. (Ord. 1822 (part), 1999; Ord. 1722
(part), 1996; Ord. 1705 (part), 1995)
5.28.170 Driver's permit-Denial.
A. No driver's permit shall be granted to any
person under the age of eighteen years.
B. A driver's permit may be denied upon sub-
stantial evidence of facts of either physical or moral
deficiencies of the applicant or unfitness to drive a
vehicle which, in the sound discretion of the City
Manager, or his designated representative, would
render such applicant not a competent person to
operate a taxicab. (Ord. 1705 (part), 1995: Ord.
1241, 1983: Ord. 883 (part), 1978)
1 27 (Cupenino 8-99)
5.28.175
5.28.175 Driver's permit-Termination of
employment.
Every driver's permit issued under this chapter
shall set forth the name of the owner for which the
driver is authorized to operate a taxicab, and shall
be valid only so long as he continues in the employ
of such owner. Upon termination of such employ-
ment, the person holding a permit under this chapter
to engage in the taxicab business, shall notify the
City Manager of the driver's name and permit num-
ber within seventy-two hours thereafter. The driver
shall forthwith surrender his driver's permit to the
City Manager, or his designated representative.
(Ord. 1705 (part), 1995)
5.28.180 Suspension or revocation of
driver's permit.
The City Manager, or his designated representa-
tive, shall have the power to suspend or revoke any
driver's permit issued under this chapter after a
hearing thereon, in the event the holder thereof has
violated any provision of this chapter or has drunk
or consumed intoxicating liquor while on duty, or
failed to pass a mandatory testing for controlled
substances, which violation, in the sound discretion
of said official, shall be deemed sufficient evidence
of the fact that said driver is not a competent person
to operate a taxicab. Such suspension or revocation
by the City Manager, or his designated representa-
tive, shall be forthwith reported to the owner last
employing said driver. In the event of such revoca-
tion or suspension of a driver's permit, such permit
shall be forthwith surrendered to the City Manager,
or his designated representative, by the holder there-
of. (Ord. 1722 (part), 1996: Ord. 883 (part), 1978)
5.28.185 Appeal.
Any interested party may appeal the administra-
tive decision of the City Manager, or his designated
representative, by filing a written notice of appeal
with the City Clerk within five days after his deci-
sion. Such appeal shall be heard by the City Council
which may affirm, amend, or reverse the order, or
take other action deemed appropriate. The Clerk
shall give written notice of the time and place of the
hearing to the appellant and any other person re-
questing notice. In conducting the hearing, the City
Council shall not be limited by the technical rules
of evidence. (Ord. 883 (part), 1978)
5.28.190 Direct route.
Any driver employed to carry a passenger to a
definite point shall take the most direct route possi-
ble that will carry the passenger safely and expedi-
tiously to the destination (unless otherwise directed
by the passenger). (Ord. 883 (part), 1978)
5.28.200 Refusal of service.
No owner or driver of any taxicab licensed under
authority of this chapter shall fail or refuse, when
in service and not otherwise engaged for hire, to
transport to his announced destination within the
City at rates authorized in this chapter any person
who presents himself for carriage in a sober and
orderly manner and for a lawful purpose. (Ord. 883
(part), 1978)
5.28.210 Overcharge-Restitution.
Any charge made, or sought to be made, to any
patron of any taxicab in excess of the charges autho-
rized by this chapter for the particular type of ser-
vice rendered or sought, when shown either by
confession of the party, or competent testimony, or
failure on the part of any driver or operator of any
taxicab to make proper returns to his employer, shall
result in immediate suspension of the license of such
driver until such time as, after due process, such
license is either reinstated or revoked. Either the
person, or the employer of a person, responsible for
any overcharge shall be required to make restitution
to any defrauded patron for the amount of the over-
charge. (Ord. 883 (part), 1978)
5.28.220 Violation-Penalty.
The violation of any provision of this chapter
shall be deemed an infraction, and shall be punish-
able as provided in Chapter 1.12. Each day during
which such violation continues shall be a separate
and distinct offense, and each such separate offense
(Cupertino 8-99) 128
Title 10
PUBLIC PEACE, S~~FETY AND MORALS
Chapters:
10.10
10.20
10.21
10.24
10.25
10.26
10.27
10.30
10.44
10.48
10.49
10.52
10.56
10.60
10.68
10.76
Conduct in Public Buildings
Explosives
Newsracks
Fireworks
Regulation Smoking in Certain Public Places
Regulation of Police Alarm Systems and Devices
Cigarette and/or Tobacco Vending Machines
Elimination of Bodily Waste in Public Places
Parades and Athlf:tic Events
Community Noise Control
Consumption of oar Possession of Open
Container of Into~,:icating Liquors in Public
Places
Distribution of Handbills and Advertisements
Trespassing Upon Parking Lots, Shopping
Center Property and Other Property Open to
the Public
Regulation of GralFfiti
Curfew
Firearms Permit
245 (Cupertino 8-99)
10.21.010
Chapter 10.21
NEWSRACKS*
Sections:
10.21.010 Intent and purpose.
10.21.020 Definitions.
10.21.030 Applicability.
10.21.040 Design standards.
10.21.050 Display of certain material
prohibited.
10.21.060 Administrative authority and
newsrack committee.
10.21.070 Maintenance.
10.21.080 Permits and insurance
required.
10.21.090 Abatement of violations.
10.21.100 Appeal of decision.
10.21.110 Violation-Penalty.
10.21.120 Amortization.
* Prior ordinance history: Ords. 961 and 1668.
10.21.010 Intent and purpose.
The purpose of these regulations is to acknowl-
edge and achieve the following:
A. There is a substantial governmental interest
in promoting the public health, safety, welfare and
convenience by ensuring that public streets, side-
walks, walkways and all other rights-of--way are not
restricted for public use and access.
B. Newsracks placed and maintained within
public rights-of--way, absent some reasonable regula-
tion, may unreasonably interfere with the use of
such rights-of--way.
C. Streets and sidewalks within public rights-of-
way aze historically associated with the sale and
distribution of newspapers and other publications
and access to and use of these areas for such pur-
poses would not be denied, except where such use
unreasonably interferes with the use of public rights-
of-way by pedestrians or traffic, or where such use
represents a hazazd to persons or property.
D. Unrestricted placement of newsracks within
public rights-of--way, which display or describe
explicit sexual conduct and nudity may constitute an
unwarranted invasion of individual privacy and is
unsafe and obscene.
E. Reasonable accommodation of these compet-
ing interests can be achieved by the adoption of the
ordinance codified in this chapter, which regulates
the design, placement, maintenance and time, place
and manner of newsracks on public-rights-of--way.
F. The public health, safety, welfare and conve-
nience require that: interference with vehicular,
bicycle, wheelchair or pedestrian traffic be avoided;
obstruction of sight distance and views of traffic
signs and street-crossing pedestrians be avoided;
damage done to sidewalks or streets be minimized
or repaired; a positive visual appearance of public
streets and grounds be maintained; trees and other
landscaping be allowed to grow without interfer-
ence; access to emergency and other public facilities
be maintained; litter adjacent public rights-of--way
be controlled; and access to and from properties
adjoining major roadways be protected.
G. It is intended that the provisions of this chap-
ter be consistent with the accessibility standazds
established by the Department of Justice pursuant to
the Americans with Disability Act (ADA) of 1990.
These provisions affect the general safety and wel-
fare of all residents and visitors to the City of Cu-
pertino and it is the responsibility of the owner of
each newsrack to comply with these provisions.
H. Improve the aesthetic appeazance of streets
and roadways in the community by promoting the
placement of modulaz newsracks rather than stand-
alone newsracks.
I. The regulation of the sale or free distribution
of newspapers and other publications in vending
machines as set forth in this chapter provides the
least intrusive and burdensome means for ensuring
that the purposes stated in this section aze carried
out while still providing ample opportunities for the
distribution of news and opinions to the community.
(Ord. 1830 (part), 1999)
10.21.020 Definitions.
"Abandoned newsrack" means any newsrack
:?49 (Cupertino 8-99)
10.21.020
which has been left empty for a period of thirty con-
tinuous days, except a newsrack remaining empty
due to a labor strike or other extraordinary inter-
ruption or publication by the newspaper or other
publication sold or distributed from that newsrack.
"Modulaz newsrack" means an industry standard
structure composed of a group of individual newspa-
perdispensing cabinets mounted in multiple rows of
two or more cabinets on a rack base that is support-
ed by a maximum of two pedestals.
"Newsrack" means any self-service or coin oper-
ated box, container, storage unit or other dispenser
installed, used or maintained for the display and
sale, or distribution with or without the charge of
newspapers, periodicals or other publications.
"Public right-of--way" means the area and those
areas dedicated for public use for public street pur-
poses, including but not limited to roadways, pazk-
ways, alleys and sidewalks.
"Roadway" means as defined in the California
Vehicle Code.
"Temporary newsrack" means any newsrack
maintained within a public right-of--way for a trial
period of up to ninety days. (Ord. 1830 (part), 1999)
10.21.030 Applicability.
This chapter shall apply only to newsracks placed
within public rights-of-way or encroaching over
public rights-of--way. (Ord. 1830 (part), 1999)
10.21.040 Design standards.
A. Approval of permits for newsracks shall be
based on compliance with the design of newsracks
set forth in the City newsrack specifications, adopt-
ed separately by the City, as well as the placement
and maintenance provisions established in this chap-
ter. Design specifications are intended to foster a
unified, aesthetically pleasing modular newsrack
configuration.
B. A publication not previously circulating in a
given area which chooses to do so may place a
temporary newsrack for a maximum of ninety days
as long as:
1. The newsrack is tagged by the publisher or
distributor with the placement date and date of removal;
2. By the ninety-first day, the publisher or dis-
tributor shall either obtain a newsrack permit or
remove the newsrack;
3. During the ninety-day trial period the owner
or distributor shall adhere to all other aspects of this
chapter.
C. Failure to comply with any of these require-
ments shall constitute a violation of this chapter and
shall be grounds for abatement in accord with Sec-
tion 10.21.090. (Ord. 1830 (part), 1999)
10.21.050 Display of certain material
prohibited.
Publications dispensed from newsracks placed or
maintained on or over the public right- of-way shall
not be displayed or exhibited in a manner which
exposes to public view from the public right-of--way
the following:
A. Any statements or words describing explicit
sexual acts, sexual organs or excrement, where such
statements or words have as their purpose or effect
sexual arousal, gratification or affront;
B. Any picture or illustration of genitals, pubic
hair, anuses or anal regions of any person, where
such picture or illustration has as its purpose or
effect sexual azousal, gratification or affront;
C. Any picture or illustration depicting explicit
sexual acts, where such picture or illustration has as
its purpose or effect sexual arousal, gratification or
affront;
D. Any pictures, photographs, illustrations or
pictorial representations of any of the following acts:
sodomy, oral copulation, sexual intercourse, mastur-
bation, or a photograph of a penis in an erect and
turgid state. (Ord. 1830 (part), 1999)
10.21.060 Administrative authority and
newsrack committee.
There is conferred on the City Manager those
powers and duties necessary for the administration
of this chapter. In addition, there is also conferred
upon the City Manager the authority and power to
designate such officers and officials of the City and
(Cupertino 8-99) 250
10.21.060
of other cooperating public agencies, as may be
required to assist in the carrying out the intent and
purpose of this chapter. An ad hoc newsrack com-
mittee may also be established by the City consist-
ing of representatives of publishers and/or distribu-
tors whose publications aze distributed within the
community, members of the general public and City
staff.
Membership of the ad hoc newsrack committee
shall be until successor members aze appointed by
the City Manager and Mayor. The committee shall
be advisory to the City Manager on an as-needed
basis for the purpose of resolving disputes regazding
location of newsracks, advising the City as to any
suggested changes to design standards and resolving
disputes regarding allocation space for newspapers
and periodicals. (Ord. 1830 (part), 1999)
10.21.070 Maintenance.
A. Each newsrack shall be reasonably kept free
of dirt and grease, be free of graffiti, be reasonably
free of chipped, faded, peeling or cracked paint, be
reasonably free of rust and corrosion, have no
cracked or broken plastic or glass parts and have no
broken structural parts. Adhesive labels, other than
those required by the City of Cupertino and unrelat-
ed to publications, shall not be displayed on
newsracks.
B. Abandoned newsracks shall be unlawful and
may be removed by the City of Cupertino or its
designee pursuant to the provisions of this chapter.
(Ord. 1830 (part), 1999)
10.21.080 Permits and insurance required.
A. No person shall place, maintain or relocate a
newsrack in the City public right-of--way or which
projects onto a public right-of--way unless and until
an encroachment permit has been issued by the City
of Cupertino Public Works Department.
B. Permits shall not be transferable and shall
remain renewable on a yearly basis for as long as
the newsrack complies with the provisions of this
chapter.
C. Applications for a permit shall include the
name, address, telephone number and facsimile
number of those responsible for the installation, use
and maintenance of the newsrack(s).
D. The proposed permittee shall provide evi-
dence of adequate types and levels of insurance as
may be required by the Public Works Department.
Said insurance shall be in full force and effect dur-
ing the time newsracks) aze maintained in the City.
The certificate of insurance filed with the City shall
include a statement by the insurance carrier that
thirty days advance notice shall be given the City
prior to cancellation.
E. A newsrack penmit shall be issued within ten
working days following submittal of a complete
application if the newsrack complies with the stan-
dards set forth in this chapter and the supplemental
design standards.
F. A person or distributor who has been issued
a newsrack encroachment penmit may install and
maintain additional newsracks and change the loca-
tion of an existing permitted newsrack by requesting
a new permit. The rules and procedures of this
section shall also apply to the review and approval
of any such amendment.
G. Newsrack encroachment permittees shall
obtain and display anidentification/permit marker
provided by the City or its designee. Such mazker
shall be affixed to each permitted newsrack within
plain view.
H. In the event of a change of ownership of a
newsrack the new owner(s) shall, within ten work-
ing days, modify the existing permit providing the
name, address, telephone number and facsimile
number of the new owner(s) and obtain and affix a
new marker to the newsrack. (Ord. 1830 (part),
1999)
10.21.090 Abatement of violations.
A. Before any newsrack is removed, relocated
or corrected by the City, the owner shall be notified
by posting and mailing, where feasible, to the ad-
dress for such party as stated on the encroachment
permit and given ten days to remedy the violation
and/or contest the removal. If no identification is
shown on the newsrack and no permit has been
issued, posting of a notice of violation on the
2`_10-1 (Cupertino 8-99)
10.21.090
newsrack itself shall be sufficient. Both forms of
notice shall state the code violation, the length of
time within which the violation must be cured, and
the forum within which the owner may contest the
removal, relocation or correction of the newsrack.
B. The City may immediately correct any viola-
tion if such violation is deemed to be an immediate
hazardous or dangerous condition. This may entail
immediate removal and impoundment of a newsrack
by the City. If such action is taken, written notice
of such action shall be sent to the permittee or own-
er of the newsrack within two working days after
impoundment. Necessary fees shall be charged to
the permittee or owner to retrieve the newsrack.
C. Any person notified of a correction or viola-
tion under this chapter may submit a written request
for a hearing before the Cupertino City Council in
accord with Section 10.21.100 of this chapter.
D. The City or its designee may remove a
newsrack if the person responsible for such
newsrack has (1) neither requested a hearing by the
City pursuant to subsection A of this section nor
remedied the violation within thirty calendar days
following the date of the notice; or (2), following an
appeal hearing has failed to remedy the violation
within ten calendar days after receiving a copy of
the written decision that the newsrack was installed
or maintained in violation of this chapter, following
a hearing as set forth in this section.
E. Removed or impounded newsracks shall be
retained by the City or its designee and may be
recovered by their owner within ninety days of their
removal. Newsracks, which aze not claimed within
ninety days, shall be deemed permanently aban-
doned and shall be disposed according to the
appropriate sections of California Civil Code.
F. Before release of the newsrack, the person
responsible for such newsrack shall pay an impound
fee to the City covering actual cost of transporting,
storing and disposing of such newsracks.
G. Abatement hereunder is a cumulative remedy
and does not prohibit the City of Cupertino from
pursuing other appropriate civil or criminal action
with regazd to the enforcement of this chapter. (Ord.
1830 (part), 1999)
10.21.100 Appeal of decision.
An applicant or owner/operator of a permitted
newsrack may appeal a denial of a permit or order
of the City or its designee to correct an alleged
violation of this chapter by filing a written appeal
in accord with Chapter 1.16 of the Municipal Code.
(Ord. 1830 (part), 1999)
10.21.110 Violation-Penalty.
Any person who violates any provision of this
chapter shall be guilty of an infraction and, upon
conviction thereof, may be punished as prescribed
in Chapter 1.12 of the Municipal Code. (Ord. 1830
(part), 1999)
10.21.120 Amortization.
Every newsrack within or encroaching into public
rights-of--way shall be removed or otherwise brought
into conformance with this chapter within six
months of the effective date of the ordinance codi-
fied in this chapter, including obtaining necessary
permits, payment of any fees, compliance with
design and placement requirements and all other
sections of this chapter. (Ord. 1830 (part), 1999)
(Cupertino 8-99) 250-2
10.52.050
issued under the provisions of this chapter for fail-
ure to comply with the demand, request or notice of
the owner, occupant or person in charge of the
premises that no such commercial advertising matter
be distributed on such premises. (Ord. 167 § 5,
1961)
10.52.060 License required.
After obtaining any permit required by this chap-
ter, the permittee shall obtain a business license in
accordance with Section 5.04.280 of this code. (Ord.
1822 (part), 1999: Ord. 167 § 6, 1961)
10.52.070 Commercial advertising-
Distribution-Requirements.
Any person who has obtained a permit from the
City Manager to do so and has obtained the license
required by Section 10.52.060 may distribute com-
mercial advertising samples, handbills, dodgers,
circulars or other notices of such advertisement in
the City by placing the same on the porches or
driveways or residences in a receptacle or device
placed on such porch for that purpose, other than in
mailboxes, if any such receptacle or device is there;
or, if none is provided, and the handbill cannot
otherwise be secured such that it does not damage
the premises or blow about the property, then it
must be handed to the owner or occupant of said
premises. (Ord. 1377 § 1, 1986: Ord. 167 § 7, 1961)
10.52.080 Commercial advertising-
Distribution-Prohibited.
If the owner, occupant or person in charge of any
residence, court, apartment, hotel or other premises
forbids the distribution of commercial advertising
samples, handbills, dodgers, circulars, booklets or
other notices of such advertisement on the premises
owned or occupied by him, or of which he is in
charge, either by so advising the holder of any
permit issued under the provisions of this chapter or
any of his agents or employees, or by posting and
maintaining a sign on said premises, reading "no
handbills," or words of similaz import, it is unlawful
for the holder of such permit, his agents or employ-
ees, to disturb the owner, occupant or person in
chazge of any residence, court apartment, hotel or
other premises. (Ord. 167 § 8, 1961)
10.52.090 Violation-Penalty.
Any person who violates the provisions of this
chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12. (Ord. 1179 § 2 (part), 1982: Ord. 584
§ 1, 1973)
275 (Cupertino 8-99)
10.56.010
Chapter 10.56
TRESPASSING UPON PARKING LOTS,
SHOPPING CENTER PROPERTY AND
OTHER PROPERTY OPEN TO THE
PUBLIC
Sections:
10.56.010
10.56.020
10.56.030
10.56.040
10.56.050
10.56.070
Definition-"Shopping center."
Unlawful.
Exception.
Regulation and enforcement by
property owner.
Enforcement of other laws unaf-
fected.
Penalty.
10.56.010 Definition-"Shopping center."
"Shopping center" means a geographically inte-
grated group of commercial establishments planned,
developed and managed as a unit and capable of
furnishing customers' daily needs of goods and
services on a one-stop basis. (Ord. 880 (part), 1978)
10.56.020 Unlawful.
A. It is unlawful for any person, other than a
public officer or employee acting within the scope
of his or her employment, to enter or remain on any
shopping center property, or any other private prop-
erty open to the public within the City, after the
owner, lessee or other person in charge of the prop-
erty has, for good cause, demanded that such person
remove themselves from the property.
B. Good cause for removing someone from the
property is limited to the following instances:
1. Where the person participates in, or engages
in conduct which urges a riot, acts of force or vio-
fence, or the burning or destroying of property with-
in the meaning of Penal Code Sections 404 and
404.6;
2. Where the person participates in an unlawful
assembly as deemed in Penal Code Section 407;
3. Where the person engages in conduct which
constitutes a disturbance of the peace as deemed in
Penal Code Section 415;
4. Where the person intentionally interferes with
the lawful conduct of business on the premises by
obstructing or intimidating those attempting to carry
on business, or by obstructing or intimidating their
customers within the meaning of Penal Code Section
602.1;
5. Where the person engages in disorderly con-
duct within the meaning of Penal Code Section 647,
including loitering, accosting other persons for the
purpose of begging, and being under the influence
of any drug or liquor;
6. Where the person willfully and maliciously
obstructs the free flow of pedestrian movement
within the meaning of Penal Code Section 647c;
7. Where the person causes a noise disturbance
in violation of Chapter 10.48 of this Code; or
8. Where the person smokes in violation of
Chapter 10.25 of this Code or in violation of smok-
ing rules established by any shopping center within
the City. (Ord. 1666 § 2 (part), 1994: Ord. 880
(Part), 1978)
10.56.030 Exception.
The provisions of this chapter shall not apply
where the owner, lessee or other person in charge
of a shopping center or other private property open
to the public prohibits or unreasonably interferes
with constitutionally protected free speech activities.
(Ord. 1666 § 2 (part), 1994: Ord. 880 (part), 1978)
10.56.040 Regulation and enforcement by
property owner.
Nothing in this chapter prohibits owners, lessees
or other persons in charge of a shopping center or
other private property open to the public from estab-
lishing and enforcing regulations, in compliance
with applicable law, which restrict free speech activ-
ities on their property. (Ord. 1666 § 2 (part), 1994:
Ord. 880 (part), 1978)
10.56.050 Enforcement of other laws
unaffected.
Nothing in this chapter affects the power of au-
thorized law enforcement officers to arrest and
prosecute violators of the California Penal Code,
tcu~~;no s-v9~ 276
Ti1:le 16
BUILDINGS ANI) CONSTRUCTION
Chapters:
16.04 Building Code Ad~~pted
16.08 Excavations, Grading and Retaining Walls
16.12 Soils Report
16.16 Electrical Code Adopted
16.20 Plumbing Code Adopted
16.24 Mechanical Code .Adopted
16.28 Fences
16.32 Swimming Pools
16.36 Moving Buildings
16.40 Fire Code
16.42 Regulation of Facilities Where Materials Which
Are or May Become Toxic Gases Are Found
16.52 Prevention of Flood Daanage
16.56 Uniform Housing Code Adopted
16.60 Building Conservation Code Adopted
~~1 3 (Cupertino 8-99)
16.04.010
Chapter 16.04
BUILDING CODE ADOPTED*
Sections:
16.04.010 Adoption of Uniform Building
Code, 1997.
16.04.020 Organization and enforcement.
16.04.030 Permits and inspections.
16.04.050 Address posting.
16.04.060 Installation of spark arresters.
16.04.080 Residential roofing.
16.04.110 Conventional construction
provisions (bracing).
16.04.130 Other inspection fees-Table
1-A.
16.04.140 Energy permit fees.
16.04.160 Violation-Penalty.
* For statutory provisions regarding the authority of cities to regulate
the building, construction and removal of buildings within the City,
see Gov. Code § 38601; for other provisions concerning the author-
ity of cities in regulating buildings and construction, see Gov. Code
§ 38660; for the provisions of the State Housing Act, see Health
and Safety Code § 17910 et seq.
16.04.010 Adoption of Uniform Building
Code, 1997.
The Building Code for the City shall be the 1997
Edition of the California Uniform Building Code,
Parts 1, 2 and 3 inclusive and Appendices which
follow:
APPENDIX CHAPTERS
The following Appendix Chapters from the 1997
UBC are adopted:
A. 1997 UBC Appendix Chapter 3, Division II,
Agricultural Buildings;
B. 1997 UBC Appendix Chapter 15, Reroofing;
C. 1997 UBC Appendix Chapter 18, Water and
Damp-proofing, Foundations;
D. 1997 UBC Appendix Chapter 29, Minimum
Plumbing Fixtures;
E. 1997 UBC Appendix Chapter 31, Division II,
Membrane Structures;
F. 1997 UBC Appendix Chapter 31, Division
III, Patio Covers;
G. 1997 UBC Appendix Chapter 34, Division
III, Repairs to Buildings and Structures Damaged by
the Occurrence of Natural Disasters,
except Chapter 107-2, Chapter 107-3, and A33 as
compiled and published by the International Confer-
ence of Building Officials, one copy of which has
been filed for use and examination by the public in
the office of the Building Department, is referred to,
and except as to omissions, amendments and addi-
tions hereinafter noted, is adopted and amended as
part of the Cupertino Municipal Code, as if fully set
forth in this chapter. (Ord. 1824 (part), 1999; Ord.
1706 Exh. A (part), 1995)
16.04.020 Organization and enforcement.
Section 105 of the Uniform Building Code is
amended to read as follows:
Section 105 -Board of Appeals: In order to
determine the suitability of alternate materials and
methods of construction and to provide for rea-
sonable interpretations of the provisions of this
Code, there shall be and is hereby created a
Boazd of Appeals consisting of five members
who are qualified by experience and training to
pass upon matters pertaining to building construc-
tion installations and materials. The Building
Official shall be an ex. officio member and shall
act as Secretary of the Board. The Boazd of Ap-
peals shall be appointed by the Mayor, subject to
the approval of the City Council, and shall hold
office at his pleasure. The Boazd shall adopt
reasonable rules and regulations for conducting
its investigations and shall render all decisions
and findings in writing to the Building Official,
with a duplicate copy to the appellant, and may
recommend to the City Council such new legisla-
tion as is consistent therewith. The same person-
nel of the Board of Appeals appointed under this
Code may act as the Boazd of Appeals under the
other building construction uniform codes. In the
event, as Appeals Board is not appointed by the
415 (Cupertino 8-99)
16.04.020
legislative body, the Council shall serve as said
Appeals Board.
(Ord. 1706 Exh. A (part), 1995)
16.04.030 Permits and inspections.
Section 108.7 of the Uniform Building Code is
amended to read as follows:
Section 108.7 -Other Inspections: In addi-
tion to the called inspections specified above, the
Building Official may make or require any other
inspections of any construction work to ascertain
compliance with the provisions of this Code and
other laws which are enforced by the Building
Department. For the purpose of determining com-
pliance, the Building Official may cause any
structure to be reinspected. If any inspection is
made at the request of any individual, property
owner or lending institution, a fee equal to the
cost of making such inspection shall be charged
as set forth in the latest resolution adopted by the
city.
(Ord. 1706 Exh. A (part), 1995)
16.04.050 Address posting.
No Certificate of Occupancy or final building
approval for new construction or alterations shall be
granted until the building or residence has a street
address number posted on the building in a visible
location. The size of the numbers shall be a mini-
mum of five inches high for commercial or industri-
al buildings. Residences designated R3 shall have
number sizes of three inches minimum. R1 and
Planned Unit Developments shall submit a number-
ing schedule for approval by the Building Depart-
ment and the Fire Department. All commercial
buildings having a single address assigned with
multi-suite arrangements shall have the suite-num-
bering system approved or assigned by the Building
Department with an approved copy to the Fire De-
partment for emergency use. (Ord. 1706 Exh. A
(part), 1995)
16.04.060 Installation of spark arresters.
In new construction or when alterations, repairs
or additions requiring a permit and having a valua-
tion in excess of one thousand dollazs occur, all new
and existing fireplace chimneys shall terminate in a
substantially constructed spazk arrester, having a
mesh not exceeding one-half inch. (Ord. 1706 Exh.
A (part), 1995)
16.04.080 Residential roofing.
Section 1504 of the Uniform Building Code is
amended as follows:
All new dwelling roof systems within the
City shall have a fire retardant Class A classifica-
tion. In addition, all re-roofs shall have a fire
retardant Class A classification when such
dwellings are located in a hazardous fire area as
required by Chapter 16.40.910, Section 25, of the
Cupertino Municipal Code.
All other existing dwelling roof systems shall
have a fire retardant Class B classification when
a new roof is installed.
All roofing shall conform to the applicable provi-
sions of Chapter 15 of the Uniform Building
Code. Fire retazdant roofs aze assemblies comply-
ing with UBC Standard 15.2 and listed as Class
A or Class B.
Exception:
Repairing, replacing or additions to an existing
building which is 25% or less of the roof area
shall not be required to comply with the provi-
sions of this ordinance for fire retazdant Class B.
Findings:
Local Conditions:
Climatic:
Precipitation, relative humidity, temperature and
wind. These local climatic conditions affect the
acceleration, intensity and size of fire hazazd of
a community. Times of little or no rainfall, of
low humidity, high temperatures and the winds
(Cupertino 8-99) 416
16.04.080
experienced in this area can have a tremendous
impact upon structure fires especially when build-
ings are close proximity to one another.
Geographic and Topographic:
Seismic location. Seismically, the City has the
San Andreas and Sazgent-Berocal faults running
through the lower foothills and the Monta Vista
fault system closer to the valley floor azea. The
Haywazd fault is just northeast of the City which
would have a major effect upon the City if it
were to rupture. Adding to this threat is the num-
ber of vehicles driven in the City is steadily in-
creasing with commuters driving to and through
the city either to their homes, shopping and/or
places of employment.
Portland cement plaster on studs spaced 16
inches on center installed in accordance with
Table No. 25-1. Limited to single story R-3 and
U-1 occupancies.
Findings
The entire Silicon Valley is located in seismic
zone 4. Gypsum wallboazd and exterior Portland
cement plaster have performed poorly during
recent California seismic events. The shear values
for gypsum wallboard and Portland cement stucco
contained in the code aze based on mono-direc-
tional testing. It is appropriate to limit the use of
these products until cyclic loading testing are
performed and evaluated.
(Ord. 1824 (part), 1999; Ord. 1742 (part), 1996;
Ord. 1706 Exh. A (part), 1995)
With so many vehicles on the road at any given
time during the day can play a major role on the
response time of emergency services thus greatly
increasing the risk to property and life.
Local climatic, geographic and topographic con-
ditions impact potential damage to all structures
from earthquake and subsequent fire. Therefore
it is found to be reasonably necessary that the
Uniform Fire Code and the State Building Stan-
dards Code be changed or modified to mitigate
the effects of the above conditions.
(Ord. 1742 (part), 1996)
16.04.110 Conventional construction
provisions (bracing).
1997 UBC Section 2320.11.3, Items 5 and 7 are
amended as follows:
Delete 1994 UBC Section 2326.11.3, items
5 which allows the use of gypsum boazd for
bracing.
Amend 1994 UBC Section 2326.11.3, Item
7 as follows:
16.04.130 Other inspection fees-Table 1-A.
A fee shall be paid to the city as set forth in the
latest resolution adopted by the city. (Ord. 1742
(part), 1996; Ord. 1706 Exh. A (part), 1995)
16.04.140 Energy permit fees.
Energy permit fees shall be paid to the city as set
forth in the latest resolution adopted by the City.
(Ord. 1742 (part), 1996; Ord. 1706 Exh. A (part),
1995)
16.04.160 Violation-Penalty.
Any person, firm, corporation, partnership or
copartnership who willfully violates any of the
provisions, or fails to comply with any of the man-
datory requirements of this chapter, is guilty of an
infraction, and upon conviction thereof shall be
punishable as provided in Chapter 1.12 of the Cu-
pertino Municipal Code, except that nothing herein
contained shall be deemed to bar any legal, equita-
ble or summary remedy to which the City of Cuper-
tino or other political subdivision or any person,
firm, corporation or partnership maybe otherwise
entitled, and the City of Cupertino or any other
political subdivision or person, firm, corporation or
partnership may file a suit in the Superior Court of
the County of Santa Clara to restrain or injoin any
q•17 (Cupertino 8-99)
16.04.160
attempted or proposed subdivision, or acts, in viola-
tion of this chapter. (Ord. 1742 (part), 1996; Ord.
1706 Exh. A (part), 1995)
(Cupertino 8-99) 418/420
16.16.010
Chapter 16.16
ELECTRICAL CODE ADOPTED*
Sections:
16.16.010 Adoption of 1996 California
Electrical Code and Uniform
Administrative Code Provisions
(except Table 3-A).
16.16.020 Article 100 amended-
Definitions.
16.16.025 Electrical work.
16.16.030 Electrical fee schedule.
16.16.040 Interpretation.
16.16.050 Electrical maintenance
program.
16.16.070 Violation-Penalty, amended.
B. Journeyman Electrician: A journeyman
electrician is an electrician qualified by training
and experience to do electrical work in conjunc-
tion with new construction and/or rework of
existing systems.
C. Maintenance Electrician: A maintenance
electrician in an electrician qualified by training
and experience to do the recurring work required
to keep a facility in such condition that it may be
utilized at its designated capacity and efficiency,
to do repair work or replacement or overhaul of
constituent parts or materials to keep or restore
a facility to a condition substantially equivalent
to its original or design capacity or efficiency.
(Ord. 1777 (part), 1998: Ord. 1707 Exh. A (part),
1995)
* For statutory provisions authorizing cities to regulate the materials
used in wiring structtues for electricity and in piping them for
electric supply, and to regulate the manner of such piping, see Gov.
Code § 38660.
16.16.010 Adoption of 1996 California
Electrical Code and Uniform
Administrative Code Provisions
(except Table 3-A).
The provisions of the 1996 California Electrical
Code and each and all of the regulations, provisions,
conditions and terms of the code (one copy of
which has been filed for use and examination by the
public in the office of the Building Department) is
referred to as if fully set forth in this chapter, and
is by such reference adopted. (Ord. 1825, 1999;
Ord. 1707 Exh. A (part), 1995)
16.16.020 Article 100 amended-Definitions.
Article 100 as amended by adding thereto the
following:
A. Electrical Contractors: For the purpose of
this article, an Electrical Contractor shall be a
person holding a valid electrical contractor's
license issued by the State of California.
16.16.025 Electrical work.
Electrical work shall be done only by:
a. Owner/occupant;
b. Electrical contractors who aze in compliance
with the state licensing laws and whose employees
are under the direct supervision of a qualified jour-
neyman electrician;
c. General Building Contractor with current B- I
license in conjunction with building permit only;
d. Maintenance electrician. (Ord. 1777 (part),
1998)
16.16.030 Electrical fee schedule.
Electrical fees shall be paid to the City as set
forth in the latest resolution adopted by the City.
(Ord. 1707 Exh. A (part), 1995)
16.16.040 Interpretation.
A. The language used in this code, and the Cali-
fornia Electrical Code, which is made a part of this
code by reference, is intended to convey the com-
mon and accepted meaning familiar to the electrical
industry.
B. The Building Official or his assistants is
authorized to determine the intent and meaning of
any provisions of this code. Such determination
shall be made in writing and a record kept, which
X139 (Cupertino 8-99)
16.16.040
record shall be open to the public. (Ord. 1707 Exh.
A (part), 1995)
16.16.050 Electrical maintenance program.
Any person regularly employing one or more full-
time qualified electricians for the purpose of instal-
lation, alteration, maintenance or repair on any
property which such person owns or occupies, may
designate a qualified electrician as a maintenance
electrician. Upon being approved by the Chief
Building Official, the maintenance electrician shall
make monthly or quarterly reports to the City cover-
ing all installations, additions, or alterations. All
such work shall be installed and done in accordance
with the provisions of the Electrical Code, and shall
be subject to the payment of fees, and to inspection
by the electrical inspector to the same extent as
similar work performed by other persons and for
which such inspection is provided. (Ord. 1707 Exh.
A (part), 1995)
16.16.070 Violation-Penalty, amended.
Any person, finm, corporation, partnership or co-
partnership who willfully violates any of the provi-
sions, or fails to comply with any of the mandatory
requirements of this chapter is guilty of an infrac-
tion, and upon conviction thereof, shall be punish-
able as provided in Chapter 1.12 of the Cupertino
Municipal Code, except that nothing herein con-
tained shall be deemed to bar any legal, equitable,
or summary remedy to which the City of Cupertino
or other political subdivision or person, firm, corpo-
ration or partnership may file a suit in the Superior
Court of the county of Santa Clara, to restrain, or
enjoin any attempted or proposed subdivision, or
acts, in violation of this chapter. (Ord. 1777 (part),
1998: Ord. 1707 Exh. A (part), 1995)
(Cupertino 8-99) 440
16.20.010
Chapter 16.20
PLUMBING CODE ADOPTED*
Sections:
16.20.010 Adopted by reference.
16.20.020 Name insertion.
16.20.080 Condensate disposals.
16.20.090 Appendix chapters.
16.20.100 Violation-Penalty.
16.20.110 Schedule of fees.
16.20.120 Board of Appeals.
* For statutory provisions regazding the authority of cities to regulate
the construction and location of drains and sewers, and of systems
for piping water or gas, see Gov. Code § 38660.
Termination of such drains shall be made by
an air break. Condensate drain lines in sizes 1
1/4" and larger shall be assembled using ap-
proved drainage pipe and fittings. condensate
waste water shall not drain over or upon a public
way, sidewalk, pedestrian ramp or the like. The
waste pipe shall have a slope of not less than 1/8
inch per foot and shall be of approved corrosion-
resistant material not smaller than the outlet size
as required below for air-cooling coils or con-
densing fuel-burning appliances, respectfully.
Condensate wastes pipes from air-cooling
coils shall be sized in accordance with equipment
capacity as follows:
16.20.010 Adopted by reference.
That certain code entitled "International Associa-
tion of Plumbing Officials Uniform Plumbing Code,
1997 Edition," one copy of which is on file in the
office of the Building Department for use and exam-
ination by the public, excepting those provisions
noted in this chapter, is adopted by reference. (Ord.
1826 (part), 1999; Ord. 1708 Exh. A (part), 1995)
16.20.020 Name insertion.
The names "Cupertino" and "California" shall be
inserted in the appropriate places provided therefor
in each and every section of said Uniform Plumbing
Code, 1997 Edition, wherein either the name of the
City or State is left blank. (Ord. 1826 (part), 1999;
Ord. 1708 Exh. A (part), 1995)
16.20.080 Condensate disposals.
1994 UPC Section 807.2 is amended by replacing
it with the following:
Condensate from air-cooling coils and com-
fort cooling equipment not intended to be used
for the storage or holding of food or drinks shall
be collected and discharged to an approved point
of disposal acceptable to the Administrative Au-
thority.
MINIMUM
CONDENSATE PIPE
EQUIPMENT CAPACITY DIAMETER
Up to 20 tons of refrigeration 3/4 inch
21 to 40 tons of refrigeration 1 inch
41 to 90 tons of refrigeration 1-1/4 inch
91 to 125 tons of refrigeration 1-1/2 inch
126 to 250 tons of refrigeration 2 inch
The size of condensate waste pipes may be
for one unit or a combination of units, or as
recommended by the manufacturer. The capacity
of waste pipes assumes a 1/8 inch-per-foot slope,
with the pipe running three-quarters full.
Condensate drain sizing for other slopes or
other conditions shall be approved by the Admin-
istration Authority.
Findings
The waste water treatment facilities serving
many silicon valley cities are operating at or near
maximum capacity. The discharge of treated
waste water into San Francisco Bay is detrimental
to its sensitive ecosystem.
Cooling coil and comfort cooling equipment
condensate waste discharge does not contain
pollutants which require treatment before being
discharged into sanitary sewers or the ground.
441 (Cupertino 8-99)
16.20.080
(Ord. 1777 (part), 1998: Ord. 1708 Exh. A (part),
1995)
16.20.090 Appendix chapters.
Adopt the following appendix Chapters from the
1997 UPC:
A. 1997 UPC Appendix A, Rules for Sizing
Water Supply Systems.
B. 1997 UPC Appendix B, Explanatory Notes
on Combination Waste and Vent Systems.
C. 1997 UPC Appendix C, Additional Refer-
enced Standards.
D. 1997 UPC Appendix D, Sizing Storm Water
Drainage Systems.
E. 1997 UPC Appendix H, Procedures for De-
sign, Construction and Installation of Commercial
Kitchen Grease Interceptors.
F. 1997 UPC Appendix I, Installation Standards.
G. 1997 UPC Appendix J, Reclaimed Water
Systems for Non-Residential Buildings.
H. 1997 UPC Appendix K, Private Sewage
Disposal Systems. (Ord. 1826 (part), 1999; Ord.
1777 (part), 1998; Ord. 1708 Exh. A (part), 1995)
16.20.100 Violation-Penalty.
Any person who violates any of the provisions of
this chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12 of this code. (Ord. 1777 (part), 1998)
16.20.110 Schedule of fees.
Fees shall be paid to the City as set forth in the
latest resolution adopted by the City. (Ord. 1777
(part), 1998)
16.20.120 Board of Appeals.
In order to determine the suitability of alternate
materials and methods of construction and to pro-
vide for reasonable interpretations of the provisions
of this Code, there shall be and is hereby created a
Board of Appeals, consisting of five members who
are qualified by experience and training to pass
upon matters pertaining to building construction
installation and materials. The Building Official
shall be an ex-officio member and shall act as Sec-
retary of the Board. The Board of Appeals shall be
appointed by the Mayor, subject to the approval of
the City Council, and shall hold office at his plea-
sure. The Board shall adopt reasonable rules and
regulations for conducting its investigations and
shall render all decisions and findings in writing to
the Building Official with a duplicate copy to the
appellant, and may recommend to the city Council
such new legislation as is consistent therewith. The
same personnel of the Board of Appeals appointed
under this code may act as the Board of Appeals
under the other building construction uniform codes.
In the event an Appeals Board is not appointed by
the legislative body, the Council shall serve as said
Appeals Board. (Ord. 1777 (part), 1998)
(Cupertino 8-99) ~2,
16.24.010
Chapter 16.24
MECHANICAL CODE ADOPTED
proved drainage pipe and fittings. Condensate
waste water shall not drain over or upon a public
way, sidewalk, pedestrian ramp or the like.
Sections:
16.24.010 Adopted by reference.
16.24.020 Name insertion.
16.24.030 Condensate wastes.
16.24.060 Board of appeals.
16.24.070 Table No. 1-A-Mechanical
permits fees amended.
16.24.080 Violation-Penalty.
16.24.010 Adopted by reference.
That certain code entitled "California Uniform
Mechanical Code 1997 Edition" as compiled and
published by the International Conference of Build-
ing Officials, one copy of which is on file in the
office of the Building Department for use and exam-
ination by the public, excepting those provisions
noted in this chapter, is adopted by reference. (Ord.
1827 (part), 1999; Ord. 1709 Exh. A (part), 1995)
16.24.020 Name insertion.
The names "Cupertino" and/or "California" shall
be inserted in the appropriate places provided there-
for in each and every section of such Uniform Me-
chanical Code wherein the name of the City or State
is left blank. (Ord. 1777 (part), 1998: Ord. 1709
Exh. A (part), 1995)
16.24.030 Condensate wastes.
1997 UMC Section 310.1 is amended by replac-
ing it with the following:
Condensate from air cooling coils and com-
fort cooling equipment not intended to be used
for the storage or holding of food or drinks shall
be collected and discharged to an approved point
of disposal acceptable to the Administrative Au-
thority.
Termination of such drains shall be made by
an air break. Condensate drain lines in sizes 1-
1/4" and larger shall be assembled using ap-
Findings
The waste water treatment facilities serving
many Silicon Valley cities are operating at or
near maximum capacity. The discharge of treated
waste water into San Francisco Bay is detrimental
to its sensitive ecosystems.
Cooling coil and comfort cooling equipment
condensate waste discharge does not contain
pollutants which require treatment before being
discharged into sanitary sewers or the ground.
(Ord. 1827 (part), 1999; Ord. 1777 (part), 1998:
Ord. 1709 Exh. A (part), 1995)
16.24.060 Board of appeals.
In order to detenmine the suitability of alternate
materials and methods of construction and to pro-
vide for reasonable interpretations of the provisions
of this Code, there shall be and is hereby created a
Board of Appeals, consisting of five members who
are qualified by experience and training to pass
upon matters pertaining to building construction,
mechanical design and maintenance and the public
health aspects of mechanical systems. The Building
Official shall be an ex-officio member appointed by
the Mayor, subject to the approval of the City Coun-
cil, and shall hold office at his pleasure. The Board
shall adopt reasonable rules and regulations for con-
ducting its investigations and shall render all deci-
sions and findings in writing to the Building Offi-
cial, with a duplicate copy to the applicant, and may
recommend to the City Council such new legislation
as is consistent therewith. The same personnel of the
Board of Appeals under the other building construc-
tion uniform codes. In the event an Appeals Board
is not appointed by the legislative body, the Council
shall serve as such Appeals Board. (Ord. 1777
(part), 1998: Ord. 1709 Exh. A (part), 1995)
443 (Cupertino 8-99)
16.28.030
public street intersections. (Ord. 1788 § 1 (part),
1998)
fence exception, based on meeting the General Plan
requirements. (Ord. 1802 (part), 1999)
16.28.040 Fence location and height for
zones not requiring site review.
A. In the case of an interior residential lot, a
maximum six-foot-high fence shall be permitted in
the rear yard setback azea and in the side yard set-
back areas. A maximum three-foot-high fence, mea-
sured from finish grade, shall be permitted in the
front yard setback area.
B. In the case of a corner residential lot, a maxi-
mum six-foot-high fence shall be permitted in the
required rear yard setback area and on the side yard
lines, excepting that fence heights within the side
yard setback area adjacent to a public street shall be
regulated as described below. No portion of a fence
shall extend into the front yazd setback area or
forty-foot corner triangle.
1. Situation in which the rear property line ad-
joins arear property line: The minimum side fence
setback line for asix-foot-high fence shall be five
feet from the property line.
2. Situation in which the 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 parcels zoned residential hill-
side (RHS) or open space (OS), the fences shall be
governed by Section 19.40.080.
16.28.045 Electronic security gates.
Electronic security gates may be considered for
multiple-family, attached developments through a
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
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
hearing. 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, particularly negative effects on nearby resi-
447 (Cupertino 8-99)
16.28.060
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 vehiculaz
traffic.
5. The proposed development is otherwise con-
sistent with the City's General Plan and with the
purpose of this chapter as described in Section
16.28.010.
6. The proposed development meets the require-
ments of the Santa Claza Fire Department and
Sheriff's Department, and if security gates aze pro-
posed, that attempts are made to standazdize access.
After closing the public hearing, the Planning
Commission may approve, conditionally approve or
deny the application for exception.
C. Appeals. Any application for exception which
received final approval or disapproval by the 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 azound 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 8-99) ~8
16.36.070
posted as required for buildings to be moved within
the City;
D. Accessory Building. An accessory building,
not over four hundred square feet in area, may be
moved in conjunction with the moving of a resi-
dence from the same location to the same location
without paying an additional fee. (Ord. 1777 (part),
1998; Ord. 82 § 7, 1959)
16.36.080 Contiguous land.
Notwithstanding the provisions of Section
16.36.070C and D, an existing building may be
moved from land contiguous to the City, to land
within the City, in all cases where the owner of said
contiguous land has taken such steps as the Council
may require in order to annex said contiguous land
to the City. (Ord. 82 § 8, 1959)
16.36.090 Metal tires prohibited.
No building shall be moved upon any truck hav-
ing metal tires. (Ord. 82 § 9, 1959)
16.36.100 Roller restrictions.
No building shall be moved upon rollers unless
planks are placed under the rollers of such width
and in such manner as to protect the surface of the
street from damage. (Ord. 82 § 10, 1959)
16.36.110 Truck requirements.
No building shall be moved unless moved on
rollers or upon a truck having wheels equipped with
pneumatic, or solid rubber tires. (Ord. 82 § 11,
1959)
16.36.120 Person in charge-Duties.
Every person in charge of the moving of any
building on or over the streets of the City shall:
A. Notify the Fire Department within one-half
hour after sunset of the location of the building and
the route over which the building is to be moved
during the night;
B. Give twenty-four hours written notice to any
person responsible for trimming trees, removing
wires or the doing of other things necessary to per-
mit the moving of the building over the route desig-
nated;
C. Maintain red lights at each corner of the
building from one-half hour after sunset till one-half
hour before sunrise;
D. Carry insurance to cover accidents or damage
to persons and property or furnish bond therefor
satisfactory to the Building Inspector;
E. Notify the Sheriff's office of the time of
moving and the route over which the building is to
be moved. (Ord. 82 § 12, 1959)
16.36.130 Violation-Penalty.
Any person, firm or corporation who shall violate
any provision of this chapter shall be guilty of a
misdemeanor, and upon conviction thereof shall be
punished as provided in Chapter 1.12. (Ord. 82 §
13, 1959)
459 (Cupertino 8-99)
16.40.010
Sections:
16.40.010
16.40.020
16.40.030
16.40.040
16:40.050
16.40.060
16.40.070
16.40.080
16.40.090
16.40.100
16.40.110
16.40.120
16.40.130
16.40.140
Chapter 16.40
FIRE CODE
Adoption of the 1998 California
Fire Code and 1997 Uniform
Fire Code.
Administration.
Establishment of limits of
districts in which storage of
flammable or combustible
liquids in outside aboveground
tanks is prohibited.
Establishment of limits in
which storage of liquefied
petroleum gases is prohibited.
Establishment of limits of
districts in which the storage of
explosives and blasting agents
is to be prohibited.
Establishment of limits of
districts in which the storage of
compressed natural gas is to be
prohibited.
Appeals.
Final inspection.
Permits for compressed gases.
Permits for cryogens.
Permits for day care facility.
Permits for fire protection
systems.
Permits for institutions.
Permit amounts for compressed
gases.
16.40.150 Permit amounts for hazardous
materials.
16.40.160 Permit fees.
16.40.170 Continuous gas detection
system definition.
16.40.180 Hazardous materials business
plan definition.
16.40.190 Moderately toxic gas definition.
16.40.200 Storage/use facility definition.
16.40.210 Water supplies.
16.40.220 Fire extinguishing system
standards.
16.40.230 Fire extinguishing systems for
new buildings.
16.40.240 Fire extinguishing systems for
existing buildings.
16.40.250 Monitoring fire extinguishing
systems.
16.40.260 Immersion heaters.
16.40.270 Fuel dispensing nozzles.
16.40.280 Refrigeration cope.
16.40.290 Flammable and combustible
liquids-Plans.
16.40.300 Flammable and combustible
liquids-Monitoring.
16.40.310 Flammable and combustible
liquids-Containment.
16.40.320 Flammable and combustible
liquids-Tank locations.
16.40.330 Liquefied petroleum gases-
Permits and plans.
16.40.340 Toxic gases.
16.40.350 Protected aboveground tanks
for fuel-dispensing stations-
Standards.
16.40.360 Protected aboveground tanks
for fuel-dispensing stations-
Size.
16.40.370 Fire hydrant locations and
distribution.
16.40.380 Suppression and control of
hazardous fire areas.
16.40.010 Adoption of the 1998 California
Fire Code and 1997 Uniform Fire
Code.
There is adopted by the City of Cupertino for the
purpose of prescribing regulations governing condi-
tions hazardous to life and property from fire or
explosion, that certain code known as the 1998
California Fire Code and also the 1997 Uniform Fire
Code, including Appendix Chapters I-C, II-A, II-B,
II-D, II-F, II-I, II-J, III-A, III-B, V-A, VI-A, VI-B,
VI-C, and the Uniform Fire Code Standards as pub-
lished by the International Fire Code Institute, being
(Cupertino 8-99) 460
16.40.010
particularly the 1997 Editions thereof and the whole
thereof, save and except such portions as are herein-
after deleted, modified or amended by this chapter,
of which one copy has been filed for use and exami-
nation by the public in the office of the City Build-
ing Official and the City Fire Chief and the same
adopted and incorporated as fully as if set out at
length herein, and from the date on which the ordi-
nance codified in this chapter shall take effect, the
provision thereof shall be controlling within the
limits of the City of Cupertino. (Ord. 1828 (part),
1999)
16.40.020 Administration.
Section 101.3.1 is added to read as follows
101.3.1 Administration. The City Manager,
through the powers vested by the City Council,
shall have the authority to delegate any and all
responsibility for the maintenance and enforce-
ment of the provisions of this Code to whichever
legal entity he feels best serves the interests of
the City.
Wherever the words "Chief," "Fire Mazshal,"
"Fire Department," "Fire Prevention Bureau,"
"Fire Chief," and other such similaz words are
used, they shall mean and refer to such legal
entity designated by the City Manager of Cuperti-
no under the authority of the City Council of
Cupertino.
Wherever the words "District Attorney" or
"Corporation Counsel" are used, they shall mean
the City Attorney of Cupertino.
Wherever the words "Board of Appeal" are
used, they shall mean the City Council of Cuper-
tino or the body appointed by the Council to pass
on matters pertaining to fire safety.
(Ord. 1828 (part), 1999)
16.40.030 Establishment of limits of districts
in which storage of flammable or
combustible liquids in outside
aboveground tanks is prohibited.
The limits referred to in Sections 7902.2.2.1 and
7904.2.5.4.2 of the California Fire Code, in which
the storage of flammable or combustible liquids in
aboveground tanks is prohibited are established as
all locations of the City of Cupertino that are resi-
dential or congested commercial areas. (Ord. 1828
(part), 1999)
16.40.040 Establishment of limits in which
storage of liquefied petroleum
gases is prohibited.
The limits referred to in Section 8204.2 of the
California Fire Code, in which storage of liquefied
petroleum gas is restricted, aze established as all
locations of the City of Cupertino that are residential
or congested commercial azeas except for gasoline
service stations. (Ord. 1828 (part), 1999)
Wherever the words "municipality," " jurisdic-
tion," or "city" are used, they shall mean the City
of Cupertino.
Wherever the words "Executive Body" are
used, they shall mean the City Council of Cuper-
tino.
Wherever the words "Administrator" or "Ex-
ecutive" are used, they shall mean the City Man-
ager of Cupertino.
16.40.050 Establishment of limits of districts
in which the storage of explosives
and blasting agents is to be
prohibited.
The limits referred to in Section 7701.7.2 of the
California Fire Code, in which the storage of explo-
sives and blasting agents is prohibited, are estab-
lished as the City limits of the City of Cupertino.
(Ord. 1828 (part), 1999)
~Gf l (Cupertino 8-99)
16.40.060
16.40.060 Establishment of limits of districts
in which the storage of
compressed natural gas is to be
prohibited.
The limits referred to in Section 5204.5.2 of the
California Fire Code, in which the storage of com-
pressed natural gas is prohibited shall, are estab-
lished as all locations of the City of Cupertino that
are residential or congested commercial areas. (Ord.
1828 (part), 1999)
16.40.070 Appeals.
Section 103.1.4 is amended to read as follows
103.1.4 Appeals. To determine the suitability
of alternate materials and types of construction
and to provide for reasonable interpretations of
the provisions of this code, there shall be and is
created a board of appeals. The board of appeals
shall be construed to mean and shall consist of
the City Council of the City of Cupertino.
(Ord. 1828 (part), 1999)
16.40.080 Final inspection.
Section 103.3.2.4 is added to read as follows:
103.3.2.4 Final Inspection. No final inspec-
tion as to all or any portion of a development
shall be deemed completed until the installation
of the required fire protection facilities and access
ways have been completed and approved. No
final certificate of occupancy may be granted
until the Fire Department issues notice of final
clearance to the Building Department.
(Ord. 1828 (part), 1999)
16.40.090 Permits for compressed gases.
Section 105.8 c.7 is amended to read as follows
c.7. COMPRESSED GASES. To store, use
or handle at normal temperatures and pressures
compressed gases in excess of the amounts listed
in Table 105-A, to install any piped distribution
system for compressed gases, or to install a non-
flammable medical gas manifold system. A per-
mit is required to install, repair, abandon, remove,
place temporarily out of service, close or substan-
tially modify a compressed gas system.
EXCEPTIONS: 1. Routine maintenance.
2. For emergency repair work performed on
an emergency basis, application for permit shall
be made within two working days of commence-
ment of work.
The permit applicant shall apply for approval
to close storage, use or handling facilities at least
30 days prior to the termination of the storage,
use or handling of compressed or liquefied gases.
Such application shall include any change or
alteration of the facility closure plan filed pursu-
ant to Section 8001.13. This 30-day period may
be waived by the chief if there are special cir-
cumstances requiring such waiver.
(Ord. 1828 (part), 1999)
16.40.100 Permits for cryogens.
Section 105.8 c.9 is amended to read as follows:
c.9. CRYOGENS. Except where federal or
state regulations apply and except for fuel sys-
tems of the vehicle, to produce, store or handle
cryogens in excess of the amounts listed in Table
105-B, or to install a cryogenic vessel or piping
system for the storage or distribution of cryogens.
See Article 75.
(Ord. 1828 (part), 1999)
16.40.110 Permits for day care facility.
Section 105.8 d.3 is added to read as follows:
d.3 Day care facility. To operate a business
as a day care facility for more than 6 people.
(Ord. 1828 (part), 1999)
16.40.120 Permits for fire protection
systems.
Section 105.8 f.6 is added to read as follows:
(Cupertino 8-99) 1162
16.40.120
f.6 Fire protection systems. To install, alter
or change any fire hyrant system, fire extinguish-
ing system or fire alarm system.
(Ord. 1828 (part), 1999)
16.40.130 Permits for institutions.
Section 105.8 i.l is added to read as follows:
i.l Institutional. To operate, maintain, or use
any institutional type occupancy. For the purpose
of this Section, an institution shall be, but is not
limited to: hospitals, children's home, home or
institution for insane or mentally retarded per-
sons, home or institution for the care of aged or
senile persons, sanitarium, nursing or convales-
cent home, certified family care homes, residen-
tial care homes for the elderly, out of home
placement facilities, halfway house, and day care
nurseries or similar facility of any capacity.)
(Ord. 1828 (part), 1999)
16.40.140 Permit amounts for compressed
gases.
Table 105-A is amended as follows:
463
(Cupertino 8-99)
16.40.140
TABLE 105-A PERMIT AMOUNTS FOR COMPRESSED GASES'
TYPE OF GAS AMOUNT (cubic feet)
x 0.0283 for m3
Corrosive 200
Flammable (except cryogenic and liquefied petroleum gas-
es) 200
Highly toxic Any amount
Inert and simple asphyxiant 6,000
Irritant 200
Moderately toxic 20
Other health hazards 650
Oxidizing (including oxygen) 504
Pyrophoric Any amount
Radioactive Any amount
Sensitizer 200
Toxic Any Amount
Unstable (reactive) Any Amount
'See Articles 74, 80 and 82 for additional requirements and exceptions.
(Ord. 1828 (part), 1999)
(Cupertino 8-99) 464
16.40.150
16.40.150 Permit amounts for hazardous materials.
Table 105-C is amended as follows:
TABLE 105-C PERMIT AMOUNTS FOR HAZARDOUS MATERIALS'
AMOUNT (cubic feet)
TYPE OF MATERIAL x 0.4536 for lbs. to kg
x 3.785 for gal. to L
Carcinogens 10 pounds
Cellulose nitrate See No. c.4
Combustible fiber See No. c.5
Combustible liquids See No. f.3
Corrosive gases See No. c.7
Corrosive liquids 55 gallons
Corrosive solids 500 pounds
Cryogens See No. c.9
Explosives See No. e.l
Flammable gases See No. c.7
Flammable liquids See No. f.3
Flammable solids 10 pounds
Highly toxic gases (including pesticides and fumigants) See No. c.7
Highly toxic liquids and solids (including pesticides and
fumigants)
Any amount
Irritant liquids 55 gallons
Irritant solids 500 pounds
Liquefied petroleum gases See No. 1.1
Magnesium See No. m.l
Moderately toxic gas See No. c.7
Nitrate film See No. c.3
Oxidizing gases See No. c.7
Oxidizing liquids Any amount
Oxidizing solids Any amount
464-1 (Cupertino 8-99)
16.40.150
Organic peroxide liquids and solids Any amount
Other health hazards: Liquids 55 gallons
Other health hazards: Solids 500 pounds
Pyrophoric gases See No. c.7
Pyrophoric liquids Any amount
Pyrophoric solids Any amount
Radioactive materials (including gases, liquids and solids) See No. c.7 and r.l
Sensitizer liquids 55 gallons
Sensitizer solids 500 gallons
Toxic gases See No. c.7
Toxic liquids Any amount
Toxic solids Any amount
Unstable (reactive) gases See No. c.7
Unstable reactive liquids Any amount
Unstable reactive solids Any amount
Water reactive liquids Any amount
Water reactive solids Any amount
'See Article 80 for additional requirements and exceptions.
(Ord. 1828 (part), 1999)
(Cupertino 8-99) 464-2
16.40.160
16.40.160 Permit fees.
Section 105.9 is added to read as follows:
105.9 Permit Fees. Fees shall be paid to the :ianta Clara County Fire Department as follows:
ONE TIME FEE
Permit fees and plan review fees for fire h:~drant systems, fire
extinguishing systems, fire alarm systems shall be chazged in
1.
accordance with Section 107 of the Buildir-g Code. For the
purposes of determining the fee amount, the total valuation
shall be limited to the value of the system for which the permit
is being issued.
2. Additional reinspections $30.00 each
3' Tents in excess of 200 sq. ft. or canopies in excess of 400 sq.
$85'00
ft. (or for each permit)
4. Job site consultation as determined by the :Fire Chief $50.00 Man Hour/1 Hour
Minimum
ANNUAL FEES
1. Institutional permits
A. Over 50 persons $100.00
B. More than 6 persons $75.00
2. Day Care Facilities
More than 6 clients $35.00
3. Places of Assembly
A. 50-300 persons $50.00
B. Over 300 persons $85.00
(Ord. 1828 (part), 1999)
461-3 (cupertino s-v~>
16.40.170
16.40.170 Continuous gas detection system
definition.
Section 204-C is amended to read as follows:
204-C CONTINUOUS GAS DETECTION
SYSTEM is a gas detection system where the
analytical instrument is maintained in a continu-
ous operation and sampling is performed without
interruption. Analysis is allowed to be performed
on a cyclical basis at intervals not to exceed 5
minutes.
(Ord. 1828 (part), 1999)
16.40.180 Hazardous materials business
plan definition.
Section 20H-9 is added to read as follows:
209-H HAZARDOUS MATERIALS BUSI-
NESS PLAN (HMBP) is a written plan contain-
ing at aminimum the information required pursu-
ant to section 25500 et seq. of the Health and
Safety Code.
(Ord. 1828 (part), 1999)
16.40.190 Moderately toxic gas definition.
Section 214-M is added to read as follows:
214-M MODERATELY TOXIC GAS is a
chemical or substance that has a median lethal
concentration (LC50) in air more that 2000 parts
per million but not more than 5000 parts per
million by volume of gas or vapor, when admin-
istered by continuous inhalation for an hour, or
less if death occurs within one hour, to albino
rats weighing between 200 and 300 grams each.
(Ord. 1828 (part), 1999)
16.40.200 Storage/use facility definition.
Section 220-S is amended to read as follows:
220-S STORAGE/USE FACILITY is a
building, portion of a building, or exterior area
used for the storage, use, or handling of hazard-
ous materials where the quantity of hazardous
materials is equal to or greater than the permit
amounts specified in Section 105.
STORAGE/[1SE SYSTEM is any one or
combination of tanks, sumps, waste treatment
facilities, pipes, vaults or other portable or fixed
containers, and their secondary containment sys-
tems which are used, or designed to be used, for
the storage, use, or handling of hazardous materi-
als at a storage/use facility.
(Ord. 1828 (part), 1999)
16.40.210 Water supplies.
Section 903.3 is amended to read as follows:
903.3. Type of Water Supply. Water supply
is allowed to consist of reservoirs, pressure tanks,
elevated tanks, water mains or other fixed sys-
tems capable of providing the required fire flow.
In setting the requirements for fire flow, the chief
may be guided by Appendix III-A.
Where water supplies available for fire pro-
tection do not meet the requirements of Appendix
III-A, an approved (approved means as approved
by the Fire Chief) automatic fire sprinkler system
installed throughout the building will bean ac-
ceptable alternate to all or a portion of the water
supply required, as determined by the Chief,
provided that a sprinkler system is not otherwise
required by this code or the Building Code.
(Ord. 1828 (part), 1999)
16.40.220 Fire extinguishing system
standards.
Section 1003.1.2, is amended to read as follows:
1003.1.2 Standards. Fire extinguishing sys-
tems shall comply with the Building Code. Fire
sprinkler systems required by the Fire Code, as
amended, shall be installed in accordance with
National Fire Protection Association (NFPA)
Standards, as referenced in the Building Code,
and Fire Department Standards.
(Ord. 1828 (part), 1999)
(Cupertino 8-v9) 464-4
16.40.230
16.40.230 Fire extinguishing systems for
new buildings.
Section 1003.2.2, item 6 is added to read as fol-
lows:
level electrical disconnects. Manual reset of re-
quired protection devices shall be provided.
(Ord. 1828 (part), 1999)
6. In all new buildings where the fire flow
for the building, in accordance with Appendix
III-A, exceeds 2,000 gallons per minute or, is
three (3) or more stories in height or, the floor
area exceeds 10,000 square feet.
(Ord. 1828 (part), 1999)
16.40.240 Fire extinguishing systems for
existing buildings.
Section 1003.2.2, item 7 is added to read as fol-
lows:
7. In all existing buildings when modifica-
tions are made that increases the fire flow, in
accordance with Appendix III-A, to more than
2,000 gallons per minute or, increases the number
of stories to three (3) or more or, increases the
floor azea to more than 10,000 square feet.
(Ord. 1828 (part), 1999)
16.40.250 Monitoring fire extinguishing
systems.
Section 1007.1.3 is added to read as follows
1007.1.3. Monitoring of fire extinguishing
systems. When a fire alarm system is installed in
a building, the system shall monitor all fire extin-
guishing systems. Activation of any fire extin-
guishing system shall send an alarm signal to the
fire alarm control panel and initiate the alarm
signaling devices.
(Ord. 1828 (part), 1999)
16.40.260 Immersion heaters.
Section 1107.3 is added to read as follows:
1107.3 Immersion heaters. All electrical
immersion heaters used in dip tanks, sinks, vats
and similar operations shall be provided with ap-
proved over-temperature controls and low liquid
16.40.270 Fuel dispensing nozzles.
Section 5202.4.4.2, first and second paragraphs.
aze amended to read as follows:
5202.4.4.2 Nozzles. A listed automatic-clos-
ing-type hose nozzle valve with alatch-open de-
vice shall be provided on island-type dispensers
used for dispensing Class I, II or III-A liquids.
Overhead-type dispensing units shall be pro-
vided with a listed automatic-closing-type hose
nozzle valve with alatch-open device.
(Ord. 1828 (part), 1999)
16.40.280 Refrigeration cope.
Section 6301 is amended to read as follows:
SECTION 6301--SCOPE
Refrigeration unit and system installations
having a refrigerant circuit containing more than
220 pounds (100 kg) of Group A 1 or 30 pounds
(13.6 kg) of any other group refrigerant shall be
in accordance with Article 63 and the Mechanical
Code. See the Mechanical Code for refrigerant
group description. See also Sections 8001.1.2,
8001.16.7, and
EXCEPTION: The chief is authorized to
exempt temporary or portable installations.
(Ord. 1828 (part), 1999)
16.40.290 Flammable and combustible
liquids-Plans.
Section 7901.3.2 is amended to read as follows:
7901.3.2 Plans. Plans shall be submitted with
each application for a permit to store liquids
outside of buildings in drums or tanks. The plans
shall indicate the method of storage, quantities to
be stored, distances from buildings and property
464-4a (Cupertino 8-99)
16.40.290
lines, accessways, fire-protection facilities, and
provisions for spill control and secondary con-
tainment.
(Ord. 1828 (part), 1999)
16.40.300 Flammable and combustible
liquids-Monitoring.
Section 7901.13 is added to read as follows:
7901.13 Monitoring. Monitoring of flamma-
ble and combustible liquid storage/use systems
shall be provided on a regulaz or continuous
basis. The monitoring system and its frequency
shall be included in the Business Plan if other-
wise required or shall be in writing for approval
by the chief. Monitoring methods may include
but aze not limited to the following;
1. Visual inspection, on weekly or more
frequent basis. (requires trained personnel and
documentation).
2. Continuous leak detection and alarm sys-
tem.
3. Any system which will provide continuous,
reliable monitoring of the primary container(s)
capable of alerting occupants to an alarm or
trouble condition; all systems are subject to ap-
proval by the chief.
(Ord. 1828 (part), 1999)
16.40.310 Flammable and combustible
liquids-Containment.
Section 7901.14 is added to read as follows
7901.14 Containment requirements. A
containment system shall be required for all flam-
mable and combustible liquids. Construction shall
be substantial, capable of safely and securely
containing a sudden release without dischazge.
Design criteria shall be performance oriented and
constructed of comparable materials to resist
degradation and provide structural and functional
integrity for a period of time reasonably neces-
sary to ensure detection, mitigation, and repair of
the primary system.
The Chief may require outside containment
areas to be covered with a roof or canopy for
protection from the environment.
(Ord. 1828 (part), 1999)
16.40.320 Flammable and combustible
liquids-Tank locations.
Section 7902.2.2.1 is amended to read as follows:
7902.2.2.1 Locations where above ground
tanks are prohibited. The storage of Class I, II
and III-A liquids in aboveground tanks outside of
buildings is permitted only in locations not pro-
hibited by this ordinance, or as otherwise ap-
proved by the Chief, and shall be installed as
follows:
1. Double wall steel aboveground tanks may
be used for the storage of Class II liquids, includ-
ing integral diesel fuel storage tanks for genera-
tors or fire pumps, which are listed and limited
to an individual or aggregate capacity of 660
gallons. Such tanks shall be located a minimum
of ten (10) feet from any building and a mini-
mum of twenty (20) feet from a property line
which is or can be built upon.
2. Protected aboveground storage tanks may
be used to store diesel fuel used to power genera-
tors or fire pumps which do not exceed 4,000
gallons individual capacity or 16,000 gallon ag-
gregate capacity. Such tanks shall be designed
and installed in accordance with Appendix II-F
as amended.
3. The storage of class I and II liquids in
protected aboveground storage tanks used for
dispensing fuel for motor vehicles when such
tanks are approved by the Fire Chief, and are
installed and maintained in accordance with Arti-
cle 79 and Appendix II-F as amended.
(Ord. 1828 (part), 1999)
(Cupertino 8-99) 464-4b
16.40.330
16.40.330 Liquefied petroleum gases-
Permits and plans.
Section 8202.1, third paragraph, is amended to
read as follows:
8202.1 Permits and plans.
Where a single container is over 125 gallons
water capacity or the aggregate capacity of con-
tainers is over 125 gallon water capacity, the
installer shall submit plans for such installations.
(Ord. 1828 (part), 1999)
16.40.340 Toxic gases.
Article 91 is added to read as follows:
SEC. 91.100. Scope.
This article applies to all new and existing
facilities where regulated materials subject to this
article are present. In the event of conflicting or
overlapping regulatory provisions with other
hazazdous materials laws, regulations, codes, or
ordinances and this article, the most stringent
requirement shall be applied. In the event of
conflicting or overlapping regulatory provisions
with a Federal law or State law or regulation,
unless the application of this article is expressly
preempted by an act of Congress or enactment of
the Legislature, the more stringent requirement
shall apply. This article shall not apply to the
registration and application of pesticides since
this is preempted by an Act of Congress. Han-
dlingand storage of pesticide cylinders, however,
shall comply with all requirements of this article.
SEC. 91.101.1 Class I material
A material that has a median lethal concentra-
tion (LCD) in air of 200 parts per million or less
by volume of gas or vapor, or 2 milligrams per
liter or less of mist, fume or dust, when adminis-
tered by continuous inhalation for an hour, or less
if death occurs within one hour, to albino rats
weighing between 200 and 300 grams each.
SEC. 91.101.2 Class II material
A material that has a median lethal concentra-
tion (LCso) in air more than 200 parts per million
but not more than 3,000 parts per million by
volume of gas or vapor, or more than 2 milli-
grams per liter but not more than 30 milligrams
per liter of mist, fume or dust, when administered
by continuous inhalation for an hour, or less if
death occurs within one hour, to albino rats
weighing between 200 and 300 grams each.
SEC. 91.101.3 Class III material
A material that has a median lethal concentra-
tion (LCSO) in air more than 3,000 parts per mil-
lion but not more than 5,000 parts per million by
volume of gas or vapor, or more than 30 milli-
grams per liter but not more than 50 milligrams
per liter of mist, fume or dust, when administered
by continuous inhalation for an hour, or less if
death occurs within one hour, to albino rats
weighing between 200 and 300 grams each.
SEC. 91.102. Controls.
SEC. 91.101. Definitions-General
Unless the context otherwise requires, the
words and phrases in this article shall have the
meanings set forth in this Division I and shall
govern the construction of this article. For words
and phrases not defined in this article, the defini-
tions set forth in Article 2 of the California Fire
Code shall apply.
"Controls" aze means to regulate materials to
prevent unauthorized discharges.
464-4b.1 (Cupertino 8-99)
16.40.340
SEC. 91.103. Control area.
"Control azea" means a space within a build-
ing where regulated where materials may be
stored, handled, dispensed or used. The control
area is an area formed by one or more of the
following:
a. An occupancy sepazation with a minimum
one-hour fire-resistive rating, or
b. The exterior wail, roof or foundation of the
building. A maximum of four control azeas shall
be permitted within a building except buildings
or portions of buildings used for retail sales,
which shall have a maximum of two control
areas; otherwise, the entire building shall be
considered an "H" occupancy and shall meet the
requirements of this occupancy as set forth in the
California Fire Code.
SEC. 91.105. Excess flow control.
"Excess flow control" means afail-safe sys-
tem designed to shut off flow due to rupture in
pressurized piping systems.
SEC. 91.105.1. Exterior storage.
"Exterior storage" means a storage area en-
closed by no more than two (2) contiguous walls.
SEC. 91.106. Facility.
"Facility" means any building, structure,
installation, equipment, pipe, container, site, azea,
appurtenant structure or surrounding land area
where regulated materials aze stored, used, dis-
pensed, handled, placed or otherwise have come
to be located.
SEC. 91.107. Fire code.
"Fire code" means the California Fire Code.
SEC. 91.109. IDLH (immediately danger-
ous to life and health).
"IDLH (immediately dangerous to life and
health)" means a concentration of airborne con-
taminants, normally expressed in parts per million
(ppm) or milligrams per cubic meter, which rep-
resents the maximum level from which one could
escape within thirty (30) minutes without any
escape-impairing systems or irreversible health
effects. This level is established by the National
Institute of Occupational Safety and Health
(NIOSH). If adequate data do not exist for pre-
cise establishment of IDLH data, an independent
certified industrial hygienist, industrial toxicolo-
gist or appropriate regulatory agency shall make
such determination.
SEC 91.110. Inert construction materials.
"Inert construction materials" means materials
which, under reasonably foreseeable conditions,
will not degrade or react upon contact with the
regulated material to be contained.
SEC. 91.112. Lethal concentration (LCso).
"Lethal concentration" (LCSO) means the
median lethal concentration level, at which fifty
percent (50%) of appropriate test animals die
when exposed by inhalation for a scientifically
appropriate specified time period. For the purpos-
es of this chapter, LCSO values for a particular
regulated material shall be those established by
the Department of Transportation (D.O.T.). If
D.O.T. has not established an LCSO value for a
particular regulated material, the LCso value estab-
lished by the Compressed Gas Association (CGA)
shall be used. If neither D.O.T nor CGA has
established an LCso value for a particular regulat-
ed material, the Fire Chief or his designee may
use LCSO values from other available scientific
sources.
(Cupertino 8-99) 464-4b.2
16.40.340
SEC. 91.113. Lethal concentration low
(LCL~.
"Lethal concentration low" (LCLo) means the
lowest concentration of a chemical at which some
test animals died following inhalation exposure.
SEC. 91.114. Lethal dose median (LD$o).
"Lethal dose median" (LDS) means the dose
at which fifty percent (50%) of test animals die
following exposure. The lethal dose is given in
milligrams per kilogram of body weight of the
test animals.
SEC. 91.115. Lethal dose low (LDLa).
minimal aggregate quantities present, need only
comply with specific control requirements estab-
lished in Division VIII and Division II of this
article and not with the specific requirements for
Class I, II or III regulated materials. Min. T.Q.
for mixtures shall be based on the aggregate
weight of the regulated components.
For all regulated materials: Min. T.Q. = 2
pounds or less.
Minimum threshold quantity controls are set
forth in Division VIII of this article.
SEC. 91.119. Permissible exposure limit
(PEL).
"Lethal dose low" (LDLo) means the lowest
dose of a chemical at which some test animals
died following exposure.
SEC. 91.117. Maximum threshold quantity
(Max. T.Q.).
"Maximum threshold quantity" (Max. T.Q.)
means the maximum quantity of a Class II or
Class III regulated material which may be stored
in a single vessel before a stricter category of
regulation is required by this article. Max. T.Q.
is determined by the following equation:
Max. T.Q. (pounds) = LCSO (ppm) x 2
For the purpose of calculating the Max. T.Q.,
storage tank, cylinder and piping systems which
can be isolated in a manner approved by the Fire
Chief or his designee may be designated as a
sepazate storage vessel.
SEC. 91.118. Minimum threshold quantity
(Min T.Q.).
"Minimum threshold quantity" (Min. T.Q.)
means the aggregate quantity of a single regulat-
ed material in a control area which, due to the
"Permissible exposure limit" (PF.L) means the
maximum permitted eight-hour time-weighted
average concentration of an airborne contaminant.
The maximum permitted time-weighted average
exposures aze set forth in 29 CFR 1910.1000, as
it may be amended from time to time.
SEC. 91.120. Person.
"Person" means an individual, trust, firm,
joint stock company, corporation, partnership,
association or other business activity, city, coun-
ty, district, the State, any department or agency
thereof, or the United States, to the extent autho-
rized by law.
SEC. 91.121. Portable tank.
"Portable tank" means any packaging over
sixty (60) U.S. gallons capacity and designed
primarily to be loaded into or on or temporarily
attached to a transport vehicle or ship, and
equipped with skids, mounting or accessories to
facilitate handling of the tank by mechanical
means. It does not include any cylinder having
more than one thousand (1,000) pounds water
capacity, cargo tank, tank caz tank or trailers
464-4b.3 (Cupertino 8-99)
16.40.340
canying cylinders of over one thousand (1,000)
pounds water capacity.
SEC. 91.122. Reduced flow valve.
"Reduced flow valve" means a valve
equipped with a restricted flow orifice and insert-
ed into a compressed gas cylinder, portable tank
or stationary tank that is designed to reduce the
maximum flow from the valve under full-flow
conditions. The maximum flow rate from the
valve is determined with the valve allowed to
flow to atmosphere with no other piping or fit-
tings attached.
ronment, including any sewer, storm drain, ditch,
drainage canal, lake, river or tidal waterway,
surface water, ground water, land surface, side-
walk, street or highway, subsurface strata or
ambient air except:
a. A "Federally permitted release" as that
term is defined in Sec. 101 of the Comprehensive
Environmental Response, Compensation and Liabili-
ty Act, 42 UFC Sec. 9602(10), or pursuant to a
permit of the Bay Area Air Quality Management
District, or waste discharge requirements of the San
Francisco Bay Regional Water Quality Control
Board or local wastewater pretreatment requirements
for publicly owned treatment works; or
SEC. 91.123. Regulated materials.
"Regulated materials" are all materials, re-
gardless of form (i.e., liquid, solid or gas) which
meet the criteria established by Section 91.205,
below.
b. The normal application of materials used
in weed abatement, erosion control, soil amend-
ment or similar application when used in accor-
dance with manufacturer's instructions or nation-
ally recognized standards.
SEC. 91.191. Responsible persons.
"Responsible persons means permittees under
this article, owners, managers and persons re-
sponsible for the day-to-day operation of any
facility subject to this article.
SEC. 91.125. Stationary tank.
"Stationary tank" means any packaging de-
signed primarily for stationary installations not
intended for loading, unloading, transport or
attachment to a transport vehicle as part of its
normal operation in the process of use. It does
not include cylinders having less than one thou-
sand (1,000) pounds water capacity.
SEC. 91.127. Unauthorized discharge.
"Unauthorized discharge" means releasing,
spilling, leaking, pumping, pouring, emitting,
emptying, injecting, escaping, leaching, dumping
or disposing of a regulated material into the envi-
DIVISION II. SPECIAL PROVISIONS.
SEC. 91.200. General provisions.
This article governs the storage, dispensing,
use and handling of regulated materials. To the
extent that the application of this article to the
registration and use of pesticides is preempted by
an express provision of an act of Congress or a
statute adopted by the State Legislature, this
article does not apply.
The provisions of Division II apply to all
regulated materials, including Class I, Class II,
Class III and minimum threshold quantities of
regulated materials.
5EC. 91.205. Regulated materials.
"Regulated materials," including but not
limited to gases, are those materials which meet
the following criteria:
(Cupertino 8-99) 464-4b.4
16.40.340
1. The materials fall under the definition of
Class I, Class II or Class III materials; and
2. The materials meet either of the following
criteria:
(a) They are shipped in compressed gas cylin-
ders and the material is or becomes or acts as a
gas upon release at normal temperature and pres-
sure (68° Fahrenheit and 760 mm Hg); or
(b) The material is used or handled as a gas
whether or not the material meets the definition
of a compressed gas in Article 2 of the California
Fire Code or 49 CFR Sec. 173.300(a).
Materials which meet the foregoing criteria
aze subject to the provisions of this article unless
exempted by the fire chief or his designee based
upon scientific evidence provided by a toxicolo-
gist or other professional.
SEC. 91.210. General obligation.
No person shall cause, suffer or permit the
storage, handling, use or dispensing of materials
regulated by this article:
1. In a manner which is contrary to a provi-
sion of this article or any other Federal or State
or local statute, code, ordinance, rule, regulation
or standazd of performance relating to materials
subject to this article; or
2. In a manner which causes an unauthorized
dischazge or which imposes a significant risk of
such unauthorized discharge.
A person responsible for a facility shall, as
soon as he or she has knowledge of an unautho-
rized discharge from or at such facility, immedi-
ately notify the fire chief or designee of such dis-
charge.
SEC. 91.215. Permits and system upgrades.
No person shall store, dispense, use or handle
any regulated material in excess of an exempt
amount at a facility unless a compliance plan and
a plan review fee have been submitted to the fire
chief or his designee and a permit for the facility
has been issued pursuant to Division X of this
article.
The extent of system upgrades shall be deter-
mined by the following conditions:
1. If a building permit is required for a piping
modification, then upgrading of the entire system
for that gas shall be required.
2. If a building permit is not required for
piping modification, such as for connecting an
existing piping system to a new piece of equip-
ment, then upgrading of the entire system shall
not be required.
SEC. 91.222. Closure.
It shall be unlawful for any person to aban-
don, remove or close a facility or other area
regulated by this article until a closure plan has
been submitted to and approved by the fire chief
or his designee.
A closure plan and a closure plan review fee
as set by the schedule of fees as adopted by the
council shall be submitted by a responsible per-
son to the fire chief or his designee at least thirty
(30) days prior to facility closure. The property
owner of the property upon which the regulated
materials are stored shall be responsible for the
closure in the event that the regulated materials
are abandoned or when the permittee has not
complied with all provisions of this section. The
closure plan shall demonstrate to the satisfaction
of the fire chief or his designee that regulated
materials which are or have been stored,
dispensed, handled or used in the facility will be
464-4b.5 (Cupertino 8-99)
16.40.340
transported, disposed of or reused in a manner
consistent with public health and safety. The fire
chief or his designee may waive all or part of the
thirty (30) day period upon a finding of good
cause.
SEC. 91.225. Seismic protection.
Persons responsible for a facility with one or
more stationary tanks and piping systems used for
regulated materials shall cause such tanks and
piping systems to be seismically braced in accor-
dance with the provisions of the California Build-
ing Code.
SEC. 91.230. Security.
Responsible persons shall cause facilities
where materials subject to this article are stored,
handled, dispensed or used to be secured against
unauthorized entry.
SEC. 91.235. Breathing apparatus.
In order to provide for immediate initial on-
scene response in the event of an unauthorized
dischazge and to provide on-scene assistance to
firefighters and other emergency response person-
nel, persons responsible for any facility where
Class I or corrosive regulated materials are pres-
ent shall provide a minimum of two self-con-
tained breathing apparatus. When self-contained
breathing apparatus would be inadequate protec-
tion due to the nature of the gases present, other
appropriate protective equipment shall be provid-
ed for on-site emergency response personnel.
The self-contained breathing appazatus or
other protective equipment shall be suitable for
use with the material present and shall be readily
available to on-site emergency response personnel
in a location that provides safety for those ex-
pected to don the apparatus. A "location that
provides safety" is one which is not likely to be
immediately affected by the release of a regulated
material.
SEC. 91.240. Incompatible materials.
Responsible persons shall cause regulated
materials to be sepazated from other incompatible
hazazdous materials listed in Table 5108-A of the
California Fire Code. Separation shall be main-
tained by one (1) hour fire-resistive construction
or by the use of sepazate gas cabinets.
Construction materials shall be compatible
with the toxic gases they serve. Compatibility of
construction materials shall be based on national-
ly recognized standazds such as the National
Association of Corrosion Engineers (NACE).
SEC. 91.245. Leak testing.
Responsible persons shall cause containers of
regulated materials to be tested for leaks immedi-
ately upon delivery and again immediately prior
to departure of such containers from facilities.
Testing methods shall be approved by the fire
chief or his designee in accordance with appropri-
ately nationally recognized industry standards and
practices, if any. Appropriate remedial action
shall be immediately undertaken when leaks are
detected.
SEC. 91.250. Protective plugs and caps.
Responsible persons shall cause the protective
plugs and caps of containers of regulated materi-
als to be in place at all times unless and until the
material is properly placed into use.
SEC. 91.255. Emergency response plan.
If the prepazation of an emergency response
plan for the facility is not required by any other
law, a responsible person shall prepaze, or cause
to be prepared, and filed with the fire chief or his
designee, a written emergency response plan. If
(Cupertino 8-99) 464-4b.6
16.40.340
the preparation of an emergency response plan is
required by any other law, a responsible person
shall file a copy of the plan with the fire chief or
his designee.
SEC. 91.257. Emergency response teams.
If not required to do so by another law, a
person responsible for a facility subject to this
article shall designate, or cause to be designated,
an on-site emergency response team, which shall
be composed of an adequate number of trained,
responsible persons, and which shall serve as
liaison to the fire department.
SEC. 91.270. Flow-limiting orifices and de-
vices for Class I materials.
All containers of materials other than lecture
bottles classified as Class I regulated materials
and having a vapor pressure exceeding 29 psia,
shall be equipped with aflow-restricting orifice,
when commercially available. If aflow-restricting
orifice is not available, the container shall be
used with aflow-limiting device. All flow-limit-
ing devices shall be part of the valve assembly
and visible to the eye when possible; otherwise,
they shall be installed as close as possible to the
cylinder source.
Emergency response team members shall
ascertain all on-site locations where regulated
materials aze stored, handled and used, and shall
become familiar with the emergency response
plan and the chemical nature of such regulated
material, and shall act as facility liaison to the
fire department and shall be prepared to respond
in an emergency.
SEC. 91.260. Emergency drills.
Responsible persons shall cause emergency
drills of each on-site emergency response team to
be conducted not less frequently than once every
three (3) months. Records of drills conducted
shall be maintained at the facility for three (3)
years and shall be made available for inspection
upon request by the fire chief or his designee.
SEC. 91.265. Annual maintenance.
Responsible persons shall cause all safety
control systems at a facility to be tested not less
frequently than annually and maintained in good
working condition. Maintenance and testing shall
be performed by persons qualified to perform the
maintenance and tests. Maintenance records and
test certifications shall be available to the fire
chief or his designee upon inspection or request.
SEC. 91.275. Fire extinguishing systems.
Except as provided in subsection "c" below,
responsible persons shall cause all interior and
exterior use azeas and all indoor storage areas and
storage buildings to be protected from fire by
automatic sprinkler systems.
The design of the sprinkler system shall be
not less than that required under the current edi-
tion of NFPA 13 for ordinary hazazd Group II
with a minimum design area of three thousand
(3,000) squaze feet. Where the materials or stor-
age arrangement require a higher level of sprin-
kler system protection in accordance with nation-
ally recognized standards, the higher level of
sprinkler system protection shall be provided.
If the chemical properties of the regulated
materials aze such that the materials will be in-
compatible with the use of a sprinkler system, the
fire chief or his designee may require alternative
forms of fire protection.
DIVISION III. CLASSIFICATION OF
MATERIALS.
SEC. 91.300. General.
461-4b.7 (Cupertino 8-99)
16.40.340
Regulated materials shall be classified as
Class I, Class II, Class III or Min. T.Q. materials
as defined in Division I.
SEC. 91.305. Exempt amounts.
Except as provided in paragraph two below,
any single regulated material which would other-
wise be regulated is exempt from regulation
under this article if:
1. The aggregate quantity of any single regu-
lated material in a control area or exterior storage
does not exceed the Min. T.Q.; and
2. The quantity of the material in a single
vessel does not exceed the amounts specified as
follows:
i. 1 pound; or
ii. a concentration below the Permissible Ex-
posure Limit (PEL); and
3. The aggregate quantity of all regulated
materials in a control area or exterior storage
does not exceed the exempt amounts specified in
Article 80 of the currently adopted edition of the
California Fire Code.
Notwithstanding the exemption above, no
amount of Class I regulated material is exempt
from the provisions for "flow-limiting devices"
and "fire extinguishing systems" found in Divi-
sion II of this article.
SEC. 91.310. Calculations for Determining
the Class of Mixtures.
The LCSO value for mixtures containing regu-
lated materials shall be calculated using the fol-
lowing formula:
LC,~ of Gas Mixture (ppm) _
(molaz fraction of toxic component)/
(ppm LC,~ of toxic component)
If more than one toxic component is present,
the LCSO value shall be calculated using the fol-
lowing formula:
LC,~ of Gas Mixture (ppm) _
n
A I(f;) / (LCsa )1
i=1
where f; is the mole fraction of the i`h toxic com-
ponent of the gas mixture and LC50i is the LCS~
of the ith toxic component of the gas mixture.
DIVISION IV. HAZARD CLASSIFICA-
TION AND CONTROL TABLE.
SEC. 91.400. General.
The requirements for controls for the use or
indoor storage of regulated materials shall be
cumulative as the hazard class of regulated mate-
rial increases in accordance with the following
table:
HAZARD CLASSIFICATIONS AND CONTROLS
Hazard Classification Hazazd Controls
Class I Includes Division 11, Class I, Class II, Class
III, minimum threshold quantity and exempt
amount controls
Class Il Includes Division II, Class II, Class III, mini-
mum threshold quantity and exempt amount
controls
Class III Includes Division II, Class I[I, minimum
threshold quantity and excmpt amount controls
Minimum Threshold Includes Division II, minimum threshold quan-
tity and exempt amount
Quantity controls
Exempt Amounts Other applicable statutes, codes and ordinances
All control equipment for materials regulated
by this article shall meet appropriate nationally
recognized standards, if any, approved by the fire
chief or his designee.
(Cupertino 8-99) 464-4b.8
16.40.340
Halogenated, non-carbon based gases may
hydrolyze to their base mineral acid upon contact
with moisture. Therefore, the monitoring and
compatibility requirements of this article shall
apply to their decomposition products.
SEC. 91.510. Automatic shutoff.
An automatic shutoff valve which is of "fail-
safe to close" design shall be provided. Each of
the following shall activate automatic shutoff:
DIVISION V. CLASS I CONTROLS.
SEC. 91.500. Class I controls.
Persons responsible for any facility where
Class I materials are present shall comply with all
of the requirements of Division II and Divisions
V, VI, VII and VIII of this article.
SEC. 91.505. Piping.
Piping for Class I materials shall be designed
and fabricated from materials compatible with the
material to be contained. Piping shall be of
strength and durability sufficient to withstand the
pressure, structural and seismic stress and expo-
sure to which it may be subjected, as required by
the California Building Code.
Secondary containment shall be provided for
piping for Class I materials. The secondary con-
tainment shall be capable of directing a sudden
release into an approved discharge treatment
system and shall be monitored continually with
a continuous gas monitoring system approved by
the fire chief or his designee. Secondary contain-
mentincludes, but is not limited to, doublewalled
piping. Secondary containment for piping under
sub-atmospheric conditions may not be required
if the piping is equipped with an alarm and cylin-
der fail-safe- to-close valve activated by a loss of
vacuum.
a. Gas detection at PEL in occupiable areas;
at 1/2 IDLH (or 0.05 LC50 if no established
IDLH) in unoccupiable areas;
b. Manual activation of emergency shutoff
valves, from remote locations;
c. Failure of emergency power;
d. Seismic activity;
e. Failure of primary containment;
f. Activation of manual fire alarm;
g. Failure of required exhaust flow ventilation
rate.
SEC. 91.515. Emergency control station.
Signals from emergency equipment shall be
transmitted to an emergency control station which
is continually staffed by trained personnel. Con-
tinual staffing shall not be required during peri-
ods when regulated materials have been purged
from all process piping and equipment and are no
longer being used or dispensed.
DIVISION VI. CLASS II CONTROLS.
SEC. 91.600. Class II controls.
Responsible persons shall cause materials
which are classified as Class II materials to be
provided with the controls specified in Division
II and Divisions VI, VII and VIII of this article.
464-4b.9 (Cupertino 8-99)
16.40.340
SEC. 91.605. Connections.
Piping and tubing for Class II materials shall
be installed in accordance with appropriate na-
tionallyrecognized standards, if any, approved by
the fire chief or his designee and shall have weld-
ed connections compatible with the regulated
material throughout unless an exhausted enclosure
is provided.
Material which is not compatible with ferrous
piping may be installed in nonferrous piping
approved by the fire chief or his designee.
Where connections other than welding con-
nections meet appropriate nationally recognized
industry standards, if any, a person responsible
for a facility may seek an exception from the fire
chief or his designee. A request for exception and
a fee as set by the schedule of fees as adopted by
the council shall be filed with the fire chief or his
designee for approval. The request shall docu-
ment the standards and reason for the exception.
SEC. 91.610. Local gas shutoff.
Manual activation controls for local gas shut-
off shall be provided at locations near the point
of use and near the source, as approved by the
fire chief or his designee. The fire chief or his
designee may require additional controls at other
places, including but not limited to the entry to
the building, the area in the building where regu-
lated materials are stored or used and emergency
control stations. Manually activated shutoff
valves shall be of "fail-safe to close" design.
SEC. 91.615. Emergency power.
Emergency power shall be provided for:
a. Exhaust ventilation, including the power
supply for treatment systems;
b. Gas detection systems;
(capectino s-~) 464-4b.10
c. Emergency alarm systems;
d. Temperature control systems which comply
with the California Fire Code.
SEC. 91.620. Excess flow control.
Portable tanks and cylinders containing Class
II material shall be provided with excess flow
control. Excess flow control shall be permanently
marked to indicate the maximum design flow
rate.
SEC. 91.625. Gas detection.
A continuous gas detection system shall be
provided to detect the presence of a gas at or
below the permissible exposure limit in occupi-
able areas and at or below 1/2 IDLH (or 0.05
LCso if no established IDLH) in unoccupiable
areas. The detection system shall initiate a local
alarm and transmit a signal to a continually
staffed remote location (to provide an immediate
response to an alarm). The alarm shall be both
visual and audible and shall be designed to pro-
vide warning both inside and outside of the inte-
rior storage, use or handling area. The audible
alarm shall be distinct from all other on-site
alarms.
ing.
SEC. 91.630. Exhaust ventilation monitor-
A continuous monitoring system shall be
provided to assure that the required exhaust venti-
lation rate is maintained. The monitoring system
shall initiate a local alarm. The alarm shall be
both visual and audible and shall be designed to
provide warning both inside and outside of the
interior storage, use or handling area.
SEC. 91.635. Seismic shutoff valves.
A seismically activated valve meeting stan-
dards approved by the fire chief or his designee
16.40.340
shall be provided for an automatic shutoff of
regulated materials.
SEC. 91.640. Class II corrosives.
Inert construction materials shall be used for
the primary containment of Class II regulated
materials which are corrosive. Alternatively,
secondary containment shall be provided for
Class II materials which are corrosive.
Expansion chambers shall be provided be-
tween valves whenever appropriate in accordance
with nationally recognized standazds approved by
the fire chief or his designee. Chambers shall be
sized to provide protection for piping, valves and
instrumentation and to accommodate the expan-
sion of regulated materials.
SEC. 91.710. Signage.
SEC. 91.645. Emergency alarms.
When materials regulated by this article aze
transported through exit corridors or exit enclo-
sures, there shall be an emergency telephone
system or a local manual alarm station or a sig-
naling device approved by the fire chief or his
designee at not more than one hundred fifty (150)
foot intervals and at each exit doorway through-
out the transport route. The signals shall be re-
layed to an approved central, proprietary or re-
mote station service or a constantly attended on-
site location and shall also initiate a local audible
alarm.
DIVISION VII. CLASS III CONTROLS.
SEC 91.700. Class III controls.
Persons responsible for a facility shall cause
materials which are classified as Class III materi-
als to be provided with the controls specified in
Division II and Divisions VII and VIII of this
article.
SEC. 91.705. Piping, valves and fittings.
Piping, valves, fittings and related compo-
nents shall be designed and fabricated from mate-
rialscompatible with the material to be contained.
They shall have strength and durability sufficient
to withstand the pressure, structural, seismic and
any other stress and exposure to which they may
be subjected.
Stationary above-ground tanks shall be plac-
arded with hazard identification signs as specified
in the California Fire Code, Standard 79-3, for
the specific material contained.
Signs prohibiting smoking shall be posted in
indoor storage, use and handling areas and within
twenty-five (25) feet of outdoor storage, use and
handling azeas, except within buildings designat-
ed as "No Smoking" buildings and shall be as
follows:
a. Signs shall not be obscured or removed.
b. Signs shall be in English and other lan-
guages as may be appropriate, as determined by
the fire chief or his designee.
c. Signs shall be durable.
d. The size, color and lettering shall be in
conformance with nationally recognized standards
determined by the fire chief or his designee to be
applicable to the regulated material.
SEC. 91.715. Inert gas purge system.
Gas systems for regulated materials shall be
provided with individually dedicated inert gas
purge systems (e.g., nitrogen, helium, argon and
neon). A dedicated inert gas purge system may
be used to purge more than one gas, provided the
gases are compatible. Purge gas systems shall be
located in an approved gas cabinet unless the
system operates by vacuum demand.
461-4b.11 (Cupertino s-~~
16.40.340
DIVISION VIII. MINIMUM THRESH-
OLD QUANTITY CONTROLS.
SEC. 91.800. Minimum threshold quantity
controls.
Responsible persons shall cause materials
which do not exceed the minimum threshold
quantity as defined in Sec. 91.118 to be provided
with controls specified in Division II and Divi-
sion VIII of this article.
SEC. 91.805. Exhaust ventilation.
Storage of cylinders shall be within ventilated
gas cabinets, exhausted enclosures or within a
ventilated sepazate gas storage room as defined
in the California Fire Code.
Storage of portable and stationary tanks shall
be within a sepazate ventilated room without
other occupancy or use. If gas cabinets are pro-
vided, the room or azea in which they aze located
shall have independent exhaust ventilation when
properly exhausted cabinets are not utilized.
Exhaust systems for gas cabinets, exhausted
enclosures and sepazate gas storage rooms shall
be designed to handle the accidental release of
gas. Such exhaust systems shall be capable of
diluting, adsorbing, neutralizing, burning or other-
wise processing the entire contents of the single
tank or cylinder of gas which presents the highest
potential hazazd. Systems utilized for such pro-
cessing shall be designed as a treatment system,
as described in Section 91.815, below. If a total
containment system is utilized, the system shall
be designed to handle the maximum anticipated
pressure of release to the system when the system
reaches equilibrium.
SEC. 91.810. Gas cabinets.
When gas cabinets are provided, they shall
be:
(Cupertino 8-99) 464-4b.12
a. Operated at negative pressure in relation to
their surrounding azea;
b. Provided with self-closing limited access
ports or fire-rated windows to give access to
equipment controls. The average velocity of
ventilation at the face of access ports or windows
shall be not less than two hundred (200) feet per
minute (FPM) with a minimum of one hundred
fifty (150) FPM at any point of the access port
or window;
c. Connected to a treatment system;
d. Provided with self-closing doors;
e. Constructed of steel with a thickness of not
less than twelve (12) gauge.
SEC. 91.815. Treatment systems.
Treatment systems shall be utilized to process
all exhaust ventilation to be discharged from gas
cabinets, exhausted enclosures or separate storage
rooms. Treatment systems shall be designed to
reduce the maximum allowable discharge concen-
tration of the gas to one-half (1/2) IDLH (or 0.05
LCSO if no established IDLH) at the point of dis-
charge to the atmosphere as specified below.
When more than one gas may be emitted to the
treatment system, the treatment system shall be
designed to handle the worst-case release based
on the release rate, the quantity and the IDLH (or
0.1 LCso if no established IDLH) for all the gases
stored or used. In the event that a revised IDLH
is published, the City shall establish a new time-
table for existing facilities to upgrade their treat-
ment systems to meet the revised IDLH value.
SEC. 91.820. Treatment systems sizing.
Treatment systems shall be sized to process
the worst-case release of each gas based on the
maximum flow rate of release from the cylinder
or tank utilized which presents the highest poten-
16.40.340
tial hazard. The entire contents of tanks and
cylinders shall be considered.
SEC. 91.825. Stationary tanks.
the color is it printed upon. When cylinders are
manifolded together the maximum release rate shall
be the sum of the release rates for all of the mani-
folded cylinders.
Stationary tanks shall be labeled with the
maximum rate of release for the gas contained
based on any valves or fittings that are inserted
directly into the tank.
If multiple valves or fittings are provided, the
maximum flow rate of release for the valve or
fitting with the highest flow rate shall be indicat-
ed. If liquefied gases are in contact with any
valve or fitting, the liquid flow rate shall be
utilized for purposes of computation of the maxi-
mum flow rate of release. All flow rates indicated
on the label shall be converted to cubic feet per
minute of gas at normal temperature and pressure.
SEC. 91.830. Portable tanks and cylinders.
For portable tanks and cylinders, the maxi-
mum flow rate of release shall be calculated
based on the actual release data or calculations
using actual valve manufacturer's specifications.
When this data is not available, the maximum
flow rate of release shall be calculated based on
the total release from the cylinder or tank within
the time specified in the table below:
Nonliquefied Liquefied
Container (Minutes) (Minutes)
Cylinders 5 30
Portable tanks 40 240
When portable tanks or cylinders are equipped with
approved reduced flow orifices in the cylinder valve,
the worst-case release may be determined by the
maximum achievable flow through the orifice as
determined by the valve manufacturer or the gas
supplier. Reduced flow and excess flow valves shall
be permanently marked to indicate the maximum
design flow rate. Such markings shall indicate the
flow rate for air under standard conditions. Lettering
shall be 1/4" high; minimum, and be in contrast to
SEC. 91.835. Piping and controls.
All primary piping for regulated materials
shall pass a helium leak test of 1 x 10-9 cubic
centimeters/second where practical, or other na-
tionally recognized standard. Tests shall be con-
ducted by a qualified "third party" not involved
with the construction of the piping and control
systems.
DIVISION IX. EXTERIOR STORAGE.
SEC. 91.90(1. General.
Persons responsible for a facility where there
is exterior storage of any regulated material shall
comply with the provisions of Division II, Divi-
sion III and Division IX of this article and of the
California Fire Code.
SEC. 91.905. Distance limitation to expo-
sures.
Exterior storage of regulated materials shall
not be within seventy-five (75) feet of a building,
structure, property line, street, alley, public way
or exit to a public way unless the storage is
shielded by a structure which has a minimum
fire-resistive rating of two (2) hours and which
interrupts the line of sight between the storage
and the exposure. The shielding structure shall be
at least five (5) feet from any exposure.
SEC. 91.910.Openings in buildings subject
to exposure.
Notwithstanding Section 91.905, when an
exterior storage area is located within seventy-
five (75) feet of a building, openings into the
building other than piping shall not be above the
46~~-4b.13 (Cupertino 8-99)
16.40.340
height of the top of the shielding structure re-
ferred to in Section 91.905 or within fifty (50)
feet horizontally from the exterior storage area,
whether or not protected by a shielding structure.
SEC. 91.915. Air intakes.
No exterior storage area for regulated materi-
als shall be within seventy-five (75) feet of any
air intake.
SEC. 91.920. Canopies.
Portable tanks and cylinders stored outside of
buildings shall be stored under a canopy con-
structed of noncombustible materials. Such exteri-
or storage shall not be considered indoor storage.
An automatic fire sprinkler system, or alternative
systems as determined by the fire chief or his
designee for materials incompatible with water,
shall be provided for canopies installed for the
storage of regulated materials.
SEC. 91.925. Stationary tank controls.
Controls on stationary tanks shall be in accor-
dance with the following:
a. Pressure relief devices shall be vented to
a treatment system designed in accordance with
the provisions of Section 91.815 of this article.
b. Where filling or dispensing connections aze
provided, they shall be provided with a means of
local exhaust. Such exhaust shall be designed to
capture fumes and vapors. The exhaust shall be
directed to a treatment system designed in accor-
dance with the provisions of Sec. 91.815 of this
article.
c. Stationary tanks shall be provided with a
means of excess flow control on all tank inlet or
outlet connections. Inlet connections that aze de-
signed to preclude backflow and pressure relief
devices aze exempt from this requirement.
SEC. 91.930. Gas cabinets for leaking cyl-
inders.
At least one gas cabinet or exhausted enclo-
sure shall be provided for the handling of leaking
cylinders. The cabinet or enclosure shall be with-
in or adjacent to the exterior storage area and
connected to a treatment system as specified in
Section 91.815 of this article.
A gas cabinet or exhausted enclosure need
not be provided for leaking cylinders if all cylin-
ders are stored within gas cabinets or exhausted
enclosures and the exhaust is directed to a treat-
ment system designed in accordance with the
provisions of Section 91.815 of this article. En-
capsulating equipment or other equipment de-
signed to contain high-pressure cylinders and
their contents as approved by the fire chief or his
designee shall be acceptable in meeting the intent
of this section in lieu of gas cabinets or exhaust-
ed enclosures.
SEC. 91.935. Local exhaust for leaking
portable tanks.
A means of local exhaust shall be provided
to capture regulated material leaking from porta-
ble tanks. The local exhaust may consist of porta-
ble ducts or collection systems designed to be
applied to the site of a leak in a valve or fitting
on the tank. The local exhaust system shall be
connected to a treatment system as specified in
Section 91.815 of this article. A local exhaust
system shall be provided within or immediately
adjacent to every storage area and within sepazate
gas storage rooms used for portable tanks.
SEC. 91.940. Tank cars and piping.
The provisions of this article shall not apply
to tank cars which meet all requirements of the
U.S. Department of Transportation, while such
tank cars aze used for the transportation and
unloading of regulated material, as such terms are
(Cupertino 8-99) 464-4b.14
16.40.340
used in the Hazazdous Materials Transportation
Act, 49 U.S.C. Sec. 1801 et seq. "Unloading"
does not include the use of tank cars to store
regulated materials.
4.3 Size. Primary tanks shall not exceed a
2,000 gallon individual or 6,000 gallon aggregate
capacity.
(Ord. 1828 (part), 1999)
The provisions of this article shall apply to
piping and control systems, automatic shutoff
valves, emergency control stations, gas detection
systems, treatment systems and alarm systems
used with piping which connects tank cazs to
facilities for the unloading and delivery of regu-
lated material, and to tank cars used to store
regulated materials.
DIVISION X. PERMIT PROCESS.
SEC. 91.960. General.
Responsible persons shall obtain and keep
current a "regulated materials permit." The pro-
cess and procedures set forth in the California
Fire Code as well as local hazardous materials
storage ordinances shall govern regulated materi-
als.
(Ord. 1828 (part), 1999)
16.40.350 Protected aboveground tanks for
fuel-dispensing stations-
Standards.
Section 4.1 of Appendix II-F is amended to read
as follows:
4.1 General. Protected aboveground tanks
shall be listed and shall meet the requirements
specified in UFC Standard 79-7, UL 2085 and
shall be labeled accordingly.
(Ord. 1828 (part), 1999)
16.40.360 Protected aboveground tanks for
fuel-dispensing stations-Size.
Section 4.3 of Appendix II-F is amended to react
as follows:
16.40.370 Fire hydrant locations and
distribution.
Section 5 of Appendix III-B is amended to read
as follows:
SECTION 5-DISTRIBUTION OF FIRE
HYDRANTS
The average spacing between fire hydrants
shall not exceed that listed in Table A-III-B-1.
EXCEPTION: The maximum spacing of
hydrants in commercial areas shall be 250 feet.
Regazdless of the average spacing, fire hy-
drants shall be located such that all points on
streets and access roads adjacent to a building aze
within the distances listed in Table A-III-B-1.
(Ord. 1828 (part), 1999)
16.40.380 Suppression and control of
hazardous fire areas.
Section 16.3 is added to Appendix II-A to read
as follows:
16.3 Firebreak Vegetation. When brush or
vegetation growth is removed and cleared away
to provide a firebreak as required by this section,
suitable growth which will not form a means of
rapidly transmitting fire shall be planted in such
a manner so as to reduce the possibility of ero-
sion.
(Ord. 1828 (part), 1999)
464-4b.15 (Cupertino 8-99)
16.42.010
Chapter 16.42
REGULATION OF FACILITIES WHERE
MATERIALS WHICH ARE OR MAY
BECOME TOXIC GASES ARE FOUND
Sections:
16.42.010 Application.
16.42.020 Definitions.
16.42.030 Regulations~enerally.
16.42.040 Criteria-Regulated materials.
16.42.050 General obligation.
16.42.060 Permits.
16.42.070 Compliance with chapter
required.
16.42.080 Closure-Plan required.
16.42.090 Seismic protection.
16.42.100 Security.
16.42.110 Breathing apparatus
requirements.
16.42.120 Incompatible materials.
16.42.130 Leakage testing.
16.42.140 Emergency response plans.
16.42.150 Emergency response team.
16.42.160 Emergency drills.
16.42.170 Safety control systems-Annual
testing.
16.42.180 Flow limited orifices.
16.42.190 Fire extinguishing systems.
16.42.200 Classification of materials.
16.42.210 Specific provisions.
16.42.220 Class I controls.
16.42.230 Class II controls.
16.42.240 Class III controls.
16.42.250 Minimum threshold quantity
controls.
16.42.260 Exterior storage.
16.42.270 Tank cars and piping.
16.42.290 Violation.
16.42.010 Application.
A. This chapter applies to all new and existing
facilities where regulated materials subject to this
chapter are present in concentrations which exceed
the level of concern as determined in accordance
with this chapter.
B. It is intended that this chapter supplement,
and be used in conjunction with, other sections of
this chapter and with the Uniform Building Code,
1988 Edition.
C. In the event of conflicting or overlapping
regulatory provisions within this code, the Fire Code
and this chapter, the more stringent requirement
shall prevail.
D. In the event of conflicting or overlapping
regulatory provisions with a federal law or state law
or regulation, unless the applications of this chapter
is expressly preempted by an Act of Congress or
enactment of the State Legislature, the more strin-
gent requirement shall be deemed to apply. (Ord.
1525 § 1 (part), 1990)
16.42.020 Definitions.
A. General. Unless the context otherwise re-
quires, the words and phrases in this chapter shall
have the meanings set forth in this section and shall
govern the construction of this chapter. For words
and phrases not defined in this chapter, the defini-
tions set forth in other chapters of the Uniform Fire
Code shall control.
B. Limited Applications. For the purpose of this
chapter, certain terms and words are defined as
follows:
1. "Controls" is defined as a means to regulate
materials so as to prevent unauthorized discharges.
2. "Control area" means a space within a build-
ing where regulated materials may be stored, han-
dled, dispensed or used. A control area is an area
formed by one or more of the following:
a. An occupancy separation with a minimum
one-hour fire resistive rating, or
b. The exterior wall, roof or foundation of the
building. A maximum of four control areas shall be
permitted within a building except buildings or
portions of buildings used for retail sales, which
shall have a maximum of two control areas.
3. "Equilibrium vapor concentration (EVC)"
means the state of a regulated material at which
vapor pressure has stabilized and is no longer rising
(Cupertino 8-99) 464-4b.16
16.52.030
5. The Director of Planning and Community
Development shall maintain the records of all appeal
actions and report any variances to the Federal
Insurance Administration upon request. (Ord. 1412
Exhibit A (part), 1987: Ord. 1002 § 1.1 (part),
1980)
16.52.035 Conditions for variance issuance.
A. Variances may be issued for the reconstruc-
tion, rehabilitation or restoration of structures listed
on the National Register of Historic Places or the
State Inventory of Historic Places, without regard to
the procedures set forth in the remainder of this
section.
B. Variances shall not be issued within any
designated floodway if any increase in flood levels
during the base flood discharge would result.
C. Variances shall only be issued upon a deter-
mination that the variance is the minimum neces-
sary, considering the flood hazard, to afford relief.
D. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the vari-
ance would result in exceptional hardship to the
applicant; and
3. A determination that the granting of a vari-
ance will not result in increased flood heights, addi-
tional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victim-
ization of the public, or conflict with existing local
laws or ordinances.
E. Any applicant to whom a variance is granted
shall be given written notice that the structure will
be permitted to be built with a lowest floor elevation
below the base flood elevation and that the cost of
flood insurance will be commensurate with the
increased risk resulting from the reduced lowest
floor elevation. A copy of the notice shall be record-
ed to run with the land. (Ord. 1412 Exhibit A (part),
1987: Ord. 1002 § 1.1 (part), 1980)
16.52.040 General standards.
All Special Flood Hazard Areas are governed by
the general standards set forth in Sections 16.52.040
through 16.52.044. (Amended during May 1998
supplement; Ord. 1412 Exhibit A (part), 1987: Ord.
1002 § 1.1 (part), 1980)
16.52.041 Anchoring.
A. All new construction and substantial improve-
ments shall be anchored to prevent flotation, col-
lapse or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
B. All new and replacement manufactured homes
and substantial additions to manufactured homes
shall:
1. Be elevated so that the lowest floor is one
foot above the base flood elevation; and
2. Be securely anchored to a permanent founda-
tion to resist flotation, collapse or lateral movement.
(Ord. 1822 (part), 1999; Ord. 1412 Exhibit A (part),
1987: Ord. 1002 § 1.1 (part), 1980)
16.52.042 Construction materials and
methods.
A. All new construction and substantial improve-
ments shall be constructed with new materials and
utility equipment resistant to flood damage.
B. All new construction and substantial improve-
ments shall be constructed using methods and prac-
tices that minimize flood damage.
C. All new construction and substantial improve-
ments shall be constructed with electrical, heating,
ventilation, plumbing and air conditioning equip-
ment and other service facilities that are designed
and/or located so as to prevent water from entering
or accumulating within the components during con-
ditions of flooding.
D. Within zone AO, adequate drainage paths
shall be provided around structures on slopes to
guide floodwaters around and away from proposed
structures.
E. All new construction and substantial improve-
ments that fully enclose areas below the lowest floor
that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement
must either be certified by a registered professional
477 (Cupertino 8-99)
16.52.042
engineer or architect or meet or exceed the follow-
ing minimum criteria:
1. Either a minimum of two openings having a
total net area of not less than one square inch for
every square foot of enclosed area subject to flood-
ing shall be provided. The bottom of all openings
shall be no higher than one foot above grade. Open-
ings may be equipped with screens, louvers, valves
or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters;
or
2. Be certified to comply with a local
floodproofing standard approved by the Federal
Insurance Administration. (Ord. 1412 Exhibit A
(part), 1987: Ord. 1002 § 1.1 (part), 1980)
16.52.043 Utilities.
Utility requirements are as follows:
A. All new and replacement water supply and
sanitary sewage systems shall be designed to mini-
mize or eliminate infiltration of floodwaters into the
system and discharge from the systems into
floodwaters.
B. On-site waste disposal systems shall be locat-
ed to avoid impairment to them or contamination
from them during flooding. (Ord. 1412 Exhibit A
(part), 1987: Ord. 1002 § 1.1 (part), 1980)
16.52.044 Subdivision proposals.
Requirements for subdivision proposals aze as
follows:
A. All preliminary subdivision proposals shall
identify the flood hazazd azea and the elevation of
the base flood;
B. All final subdivision plans will provide the
elevation of proposed structure(s) and pads. If the
site is filled above the base flood, the final pad
elevation shall be certified by a registered profes-
sional engineer or surveyor and provided to the
Director of Planning and Community Development;
C. All subdivision proposals shall be consistent
with the need to minimize flood damage;
D. All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to mini-
mize flood damage; and
E. All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood dam-
age. (Ord. 1412 Exhibit A (part), 1987: Ord. 1002
§ 1.1 (part), 1980)
16.52.050 Specific standards (unnumbered
A Zones and Zones Al-30).
In all special flood hazazds azeas, including zones
Al-30, where base flood elevation data has been
provided as set forth in Section 16.52.011 (Lands to
which this chapter applies) or subsection B of Sec-
tion 16.52.021 (Use of other base flood data), or in
unnumbered A zones where base flood level must
be determined, the following additional provisions
as set forth in this article are required. (Ord. 1412
Exhibit A (part), 1987: Ord. 1002 § 1.1 (part),
1980)
16.52.051 Residential construction.
New construction and substantial improvements
shall have the lowest floor, including basement,
elevated to one foot above base flood elevation.
Upon the completion of the structure, the elevation
of the lowest floor including basement shall be
certified by a registered professional engineer or
surveyor, or verified by the Community Building
Inspector to be properly elevated. Such certification
or verifications shall be provided to the Director of
Planning and Development. (Ord. 1822 (part), 1999;
Ord. 1412 Exhibit A (part), 1987: Ord. 1002 § 1.1
(part), 1980)
16.52.052 Nonresidential construction.
New construction and substantial improvement of
any commercial, industrial or other nonresidential
structure shall either have the lowest floor, including
basement, elevated to one foot above the level of
the base flood elevation; or, together with attendant
utility and sanitary facilities, shall:
A. Be floodproofed so that below the base flood
level the structure is watertight with walls substan-
tially impermeable to the passage of water;
(Cupertino 8-99) 478
16.52.052
B. Have structural components capable of resist-
ing hydrostatic and hydrodynamic loads and effects
of buoyancy; and
C. Be certified by a registered professional engi-
neer or azchitect that the standazds of this subsection
aze satisfied. Such certifications shall be provided
to the Director of Planning and Community Devel-
opment. (Ord. 1822 (part), 1999; Ord. 1412 Exhibit
A (part), 1987: Ord. 1002 § 1.1 (part), 1980)
16.52.053 Manufactured homes.
A. Manufactured homes shall be anchored in
accordance with subsection B of Section 16.52.041.
B. Improvements to manufactured home parks
and manufactured home subdivisions as described
in subparagraphs 4a through 4c of this subsection
shall be required under the following circumstances:
1. For new manufactured home parks and manu-
factured home subdivisions;
2. For expansions to existing manufactured
home parks and manufactured home subdivisions;
3. For existing manufactured home pazks and
manufactured home subdivisions where the repair,
reconstruction or improvement of the streets, utilities
and pads equals or exceeds fifty percent of the value
of the streets, utilities and pads before the repair,
reconstruction or improvement has commenced;
4. For manufactured homes not placed in a
manufactured home park or manufactured home
subdivision, it shall be required that:
a. Stands or lots aze elevated on compacted fill
or on pilings so that the lowest floor of the manu-
factured home will be one foot above the base flood
level;
b. Adequate surface drainage and access for a
hauler are provided; and
c. In the instance of elevation of pilings, that
lots aze lazge enough to permit steps; piling founda-
tions are placed in stable soil no more than ten feet
apart; and reinforcement is provided for pilings
more than six feet above the ground level. (Ord.
1822 (part), 1999; Ord. 1412 Exhibit A (part), 1987:
Ord. 1002 § 1.1 (part), 1980)
16.52.054 Specific standards (zone AO).
The following provisions shall apply to any area
designated an AO zone in Section 16.52.011. The
requirements for drainage paths as specified in Sec-
tion 16.52.042D shall apply to construction autho-
rized within the AO zone.
A. Residential. All new construction and sub-
stantial improvements shall have the lowest floor,
including basement, elevated above highest adjacent
grade at least as high as the depth number specified
on the FIRM or at least two feet above highest
adjacent grade if no depth number is specified.
Certification: Upon completion of any new or
substantially improved structure in zone AO, the
elevation of the lowest floor, including basement,
shall be certified by a registered professional engi-
neer or surveyor, or verified by the community
Building Inspector to be properly elevated. Such
certificate or verification shall be provided to the
Floodplain Administrator.
B. Nonresidential. All new construction and
substantial improvements shall:
1. Be elevated as provided in subsection A of
this chapter; or
2. Together with attendant utility and sanitary
facilities be completely floodproofed to or above
that level so that any space below that level is wa-
tertight with walls substantially impermeable to the
passage of water and with structural components
having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
3. Be certified by a registered professional engi-
neer or azchitect that the standazds of this subsection
aze satisfied. Such certification shall be provided to
the Director of Planning and Development. (Ord.
1412 Exhibit A (part), 1987: Ord. 1002 § 1.1 (part),
1980)
16.52.055 Floodways.
Located within areas of special flood hazard
established in Section 16.52.011 are areas designated
as floodways. Since the floodway is an extremely
hazardous area due to the velocity of floodwaters
which carry debris, potential projectiles, and erosion
potential, the following provisions apply:
479 (Cupertino 8-99)
16.52.055
A. Prohibit encroachments, including fill, new
construction, substantial improvements and other
development unless certification by a registered
professional engineer or architect is provided dem-
onstrating that encroachments shall not result in any
increase in flood levels during the occurrence of the
base flood dischazge;
B. If Section 16.52.051 is satisfied, all new
construction and substantial improvements shall
comply with all applicable flood hazazd reduction
provisions of Sections 16.52.040 through 16.52.044;
C. Prohibit the placement of any mobile homes,
except in an existing mobile home park or existing
mobile home subdivision. (Amended during May
1998 supplement; Ord. 1412 Exhibit A (part), 1987:
Ord. 1002 § 1.1 (part), 1980)
(Cupertino 8-99) C}80
16.56.010
Chapter 16.56
UNIFORM HOUSING CODE ADOPTED
Sections:
16.56.010 Adoption of Uniform Housing
Code, 1997.
16.56.020 Organization and enforcement.
16.56.030 Violation-Penalty.
16.56.010 Adoption of Uniform Housing
Code, 1997.
The Housing Code for the City shall be the 1997
Edition of the Uniform Housing Code. Chapters 1
to 16 inclusive, except Section 203, as compiled and
published by the International Conference of Build-
ing Officials, one copy of which has been filed for
use and examination by the public in the office of
the Building Department, is referred to, and except
as to omissions, amendments and additions herein-
after noted, is adopted and made a part hereof, the
same as if fully set forth in this chapter. (Ord. 1829,
1999; Ord. 1710 Exh. A (part), 1995}
16.56.020 Organization and enforcement.
Section 203 of the Uniform Housing Code is
amended to read as follows:
In order to provide for reasonable interpreta-
tion of the provisions of this code, to mitigate
specific provisions of this code which create
practical difficulties in their enforcement and to
hear appeals provided for hereunder, there is
hereby established a Housing Advisory and Ap-
peals Board consisting of five members who are
qualified by experience and training to pass upon
matters pertaining to construction and who are
not employees of the jurisdiction. The building
official shall be an ex officio member of and
shall act as secretary to said board. The board
may be appointed by the governing body and
shall hold office at its pleasure. The board shall
adopt rules of procedure for conducting its busi-
ness and shall render all decisions and findings
in writing to the appellant with a copy to the
building official. Appeals to the board shall be
processed in accordance with the provisions con-
tained in Section 1201 of this code. Copies of all
rules of procedure adopted by the board shall be
delivered to the building official, who shall make
them accessible to the public. The same personnel
of the Board appointed under this Code may act
as the Board of Appeals under the other building
construction uniform codes. In the event, a Hous-
ing Advisory and Appeals Board is not appointed
by the legislative body, the Council shall serve as
said appeals board.
(Ord. 1710 Exh. A (part), 1995)
16.56.030 Violations-Penalty.
Any person, firm, corporation, partnership or
copartnership who willfully violates any of the
provisions or fails to comply with any of the man-
datory requirements of this chapter is guilty of an
infraction except when the violation of any such
provision is specifically declared by the Uniform
Housing Code to be a misdemeanor, and upon con-
viction thereof, shall be punishable as provided in
Chapter 1.12 of the Cupertino Municipal Code,
except that nothing contained in this chapter shall
be deemed to bar any legal, equitable, or summary
remedy to which the City of Cupertino or other
political subdivision, or any person, firm, corpora-
tion or partnership may be otherwise entitled, and
the City of Cupertino or any other political subdivi-
sion, or person, firm, corporation or partnership may
file a suit in the Superior Court of the County of
Santa Clara, or restrain or enjoin any attempted or
proposed subdivision or acts in violation of the
chapter. (Ord. 1710 Exh. A (part), 1995)
480-1 (Cupertino 8-99)
16.60.010
Chapter 16.60
BUILDING CONSERVATION CODE
ADOPTED
Sections:
16.60.010 Adopted by reference.
16.60.020 Name insertion.
16.60.010 Adopted by reference.
Chapter 5 of that certain code entitled "1997
Uniform Code for Building Conservation," one copy
of which is on file in the office of the Building
Department for use and examination by the public,
excepting those provisions noted in this chapter, is
adopted by reference. (Ord. 1823 (part), 1999)
16.60.020 Name insertion.
The names "Cupertino" and "California" shall be
inserted in the appropriate places provided therefor
in each and every section of said 1997 Uniform
Code for Building Conservation, wherein either the
name of the City or State is left blank. (Ord. 1823
(part), 1999)
(Cupertino 8-99) 480-2
19.20.010
Chapter 19.20
AGRICULTURAL-RESIDENTIAL (A-1)
ZONES
Sections:
19.20.010 Purpose.
19.20.020 Applicability of regulations.
19.20.030 Permitted uses.
19.20.040 Conditional uses.
19.20.050 Excluded uses.
19.20.060 Site development regulations.
19.20.070 Permitted yard encroachments.
19.20.080 Solar design.
19.20.090 Interpretation by the Planning
Director.
19.20.010 Purpose.
Agricultural-residential zones aze intended to
preserve agriculture or forestry activities in azeas
suited to that purpose, and to include therein resi-
dential development of a semi-rural character. (Ord.
1601 Exh. A (part), 1992)
19.20.020 Applicability of regulations.
No building, structure or land shall be used, and
no building or structure shall be hereafter erected,
structurally altered or enlazged in an agricultural-
residential (A-1) district other than in conformance
with the provisions of this chapter and other applica-
bleprovisions of this title. (Ord. 1601 Exh. A (part),
1992)
19.20.030 Permitted uses.
The following uses shall be permitted in an A-1
district:
A. Agriculture, horticulture, viticulture and for-
estry, including but not limited to, the following
uses:
1. Field and truck crops, including drying and
storage,
2. Orchards and vineyards, including bottling
and storage,
3. Tree fames, botanical conservatories and arboreta,
4. Barns and sheds,
5. Keeping of draft animals and animals provid-
ing products used on the property, and household
pets;
B. Single-family dwelling unit;
C. Residences of farm workers and their families
whose primary employment is incidental and neces-
sary to agricultural operations conducted on the
same parcel of land on which such residences are
located;
D. A second dwelling unit conforming to the
provisions, standards, and procedures of Chapter
19.84 of this title, except for a second dwelling unit
requiring a conditional use permit;
E. Noncommercial stables, and the keeping of
no more than three riding horses, except that addi-
tional foals may be retained for a period of six
months after birth;
F. Accessory facilities and uses, customarily
incidental to permitted uses and otherwise
conforming with the provisions of Chapter 19.80 of
this title;
G. Home occupations, when accessory to other
permitted uses and otherwise conforming to the pro-
visions of Chapter 19.92 of this title, and subject to
any conditional use permit requirements continued
in that chapter;
H. Small-family day care home;
I. Large-family day care home, which meets the
pazking criteria contained in Chapter 19.100, and
which is at least three hundred feet from any other
lazge-family day care home. The Director of Com-
munity Development or his/her designee shall ad-
ministratively approve lazge day care homes to
ensure compliance with the parking and proximity
requirements;
J. Residential care facility that is licensed by the
appropriate State, County agency or department with
not more than six residents, not including the pro-
vider, provider family or staff;
K. Congregate residence with ten or less resi-
dents. (Ord. 1688 § 3 (part), 1995; Ord. 1657 (part),
1994; Ord. 1601 Exh. A (part), 1992)
.`188-5 (Cupettino 8-99)
19.20.040
19.20.040 Conditional uses.
The following uses may be conditionally allowed
in the A-1 zoning 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 19.128,
2. Animal breeding,
3. Home occupations requiring a conditional use
permit pursuant to Chapter 19.92 of this title,
4. Buildings or structures which incorporate
solar design features that require variations from
setbacks upon a determination by the Director that
the design feature, or features will not result in
privacy impacts, shadowing, or intrusive noise, odor,
or other adverse impacts to the surrounding area,
5. Large-family day care home, which otherwise
does not meet the criteria for a permitted use. The
conditional use permit shall be processed as provid-
ed by Section 1597.46 (3) of the State of California
Health and Safety Code;
B. Issued by the Planning Commission:
1. Livestock ranches and dairy farms,
2. Processing of dairy products produced on the
property,
3. Fur farms,
4. Poultry raising and hatcheries,
5. Apiaries,
6. Nurseries, greenhouses and landscaping gar-
dens,
7. Boarding kennels,
8. Transmission lines, transformer stations,
television and radio towers, and other public utility
and communication structures,
9. Noncommercial stables for riding horses in
excess of the number permitted by Section
19.20.030E of this chapter,
10. Residential care facility that is not required
to obtain a license by the State, County agency or
department and has six or less residents, not includ-
ing the provider, provider family or staff,
11. Residential care facility that has the appropri-
ate State, County agency or department license and
seven or greater residents, not including the provid-
er, provider family or staff, is a minimum distance
of five hundred feet from the property boundary of
another residential care facility,
12. 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, provider family or staff, is
a minimum distance of five hundred feet from the
property boundary of another residential care facili-
ty,
13. 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 rear yard area per occupant;
C. Issued by the City Council after consideration
of the Planning Commission's recommendation:
1. Retail sale of wine, fruit and berries produced
on the property,
2. Cemeteries, crematoriums, mausolea, and
columbariums,
3. Mines, quarries and gravel pits,
4. Riding academies, commercial stables, and
the boarding of horses,
5. Guest ranches,
6. Golf courses and driving ranges,
7. Commercial swimming pools and picnic ar-
eas,
8. Public and quasi-public buildings and uses.
(Ord. 1822 (part), 1999; Ord. 1688 § 3, 1995; Ord.
1657 (part), 1994; Ord. 1601 Exh. A (part), 1992)
19.20.050 Excluded uses.
The following uses shall not be permitted in an
A-1 zoning district:
A. Hog farms;
B. Cattle farms mainly depending upon feed
brought onto the property;
C. Slaughterhouses, fertilizer yards, feed yards,
boneyards, or plants for the reduction of animal
matter;
D. Commercial feed sales;
E. Other semiagricultural uses mainly depending
on raw materials, semifinished products, or feed
brought onto the property;
(Cupertino 8-99) 588-6
19.28.010
Chapter 19.28
SINGLE-FAMILY RESIDENTIAL
(R-1) ZONES
family residence district other than in conformance
with the provisions of this chapter and other applica-
ble provisions of this title. (Ord. 1601 Exh. A (part),
1992)
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, floor area ratios,
height restrictions 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.
19.28.010 Purposes.
R-1 single-family residence districts are intended
to create, preserve and enhance areas suitable for
detached dwellings in order to:
A. Enhance the identity of residential neighbor-
hoods;
B. Ensure provision of light and air to individual
residential pazcels;
C. Ensure a reasonable level of compatibility in
scale of structures within residential neighborhoods;
D. Maintain spatial relationships between struc-
tures and within neighborhoods;
E. Reinforce the predominantly low-intensity
setting of the community. (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-
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, standards 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-
ted residential use as provided in Chapter 19.92 of
this title, and subject to any conditional use permit
requirements contained in that chapter;
E. Horticulture, gazdening, and growing of food
products for consumption by occupants of the site;
F. Residential care facility that is licensed by the
appropriate State, County agency or department with
six or less residents, not including the provider,
provider family or staff;
G. Small-family day Gaze 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 yards, main-
tenance facilities, or corporation yazds;
J. Lazge-family day caze home, which meets the
parking criteria contained in Chapter 19.100, and
which is at least three hundred feet from any other
large-family day care home. The Director of Com-
munity Development or his/her designee shall
administratively approve large day caze homes to
ensure compliance with the pazking and proximity
requirements;
~~88-9 (Cupertino 8-99)
19.28.030
K. Congregate residence with ten or less resi-
dents. (Ord. 1688 § 3 (part), 1995; Ord. 1657 (part),
1994; Ord. 1601 Exh. A (part), 1992)
19.28.040 Conditional uses.
The following uses may be conditionally allowed
in the R-1 single-family residence district, subject
to the issuance of a conditional use permit:
A. Issued by the Director of Community Devel-
opment:
1. Temporary uses, subject to regulations estab-
lished by Chapter 19.124,
2. Lazge-family day care home, which otherwise
does not meet the criteria for a permitted use. The
conditional use permit shall be processed as provid-
ed by Section 1597.46(3) of the State of California
Health and Safety 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 area 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
sunrounding azea,
2. Group care 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 provider, 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 provid-
er, provider family or staff, is a minimum distance
of five hundred 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, provider family or staff, is
a minimum distance of five hundred feet from the
property boundary of another residential care facili-
ty,
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 squaze
feet of usable rear yard area per occupant. (Ord.
1784 (part), 1998; Ord. 1688 § 3 (part), 1995; Ord.
1657 (part), 1994; Ord. 1618 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.28.050 Site development regulations.
A. Lot Area Zoning Designations.
1. Lot area shall correspond to the number (mul-
tiplied by one thousand square feet) following the
R-1 zoning symbol. Examples are as follows:
Minimum Lot Area
Zoning Symbol Number in Square Feet
R-1 6 6,000
R-1 7.5 7,500
R-1 10 10,000
R-1 20 20,000
The minimum lot size in an R-1 zone is 6,000
squaze feet.
2. Lots which contain less area than required by
Section 19.28.050 A1, but not less than five thou-
sand square feet, may nevertheless be used as build-
ing sites provided that all other applicable
requirements of this title are fulfilled.
B. Lot Width. The minimum lot width shall be
sixty feet measured at the front-yard setback line.
C. Development on Slopes of Thirty Percent or
Greater.
1. Site plans for all development proposals shall
include topographical information at contour inter-
(Cupertino 8-99) 588-10
19.28.050
vals not to exceed ten feet. Areas where slopes
exceed thirty percent shall be identified on the site
development plan.
2. No structure or improvements shall occur on
slopes of greater than thirty percent unless an excep-
tion is granted in accordance with Section
19.40.140, unless no more than five hundred square
feet of development, including grading and struc-
tures, occurs on an area with a slope greater than
thirty percent. (Ord. 1635 § 1 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.28.060 Lot coverage, floor area ratios,
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 19.28.110. 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 yard setback must be no less than five feet. Not
withstanding the above, a lot less than sixty feet in
width and less than six thousand square feet shall
have a minimum side yazd setback of five feet on
each side yard. 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
yazd setback of twelve feet on the street side of the
lot is required.
3. Rear Yard. The minimum rear 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 yard setback is ten feet.
D. Setback, Wall Heights and Eaves~econd
Floor (Nonaccessory Structures).
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 rear
property line of an existing, developed single-family
dwelling.
3. Setback Surchazge. A setback distance equal
to fifteen feet shall be added in whole or in any
combination to the front or side-yard setback re-
quirements specified in Section 19.28.060 D2 of this
section. 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 wails aze 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.
5138-11 (Cupertino 8-99)
19.28.060
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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.
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c. All second story roofs shall have a minimum of one-foot eaves.
(Cupertino 8-99)
588-12
19.28.060
E. Additional Site Requirements.
1. Height.
a. Maximum Building Height. The height of any principal dwelling in an R-1 zone shall not exceed
twenty-eight feet, not including fireplace chimneys, ;antennae or other appurtenances.
b. The maximum exterior wail 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 projectf:d inwazd at the twelve foot high line referenced in
subsection (E)(1)(b)(i) of this section.
Notwithstanding the above, a gable end of a roof enclosing an attic space may have a maximum wall height
of twenty feet to the peak of the roof as measured from natural grade.
3. Areas Restricted to One Story. The City Council may prescribe that all buildings within a designated
area be limited to one story in height (not exceeding eighteen feet) by affixing to the R-1 zoning district, the
designation "i"; 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.
g
588-12.1 (Cupertino 8-99)
19.28.060
F. Privacy Protection Requirements.
1. Required Landscape Planting.
a. 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 and species of existing and
proposed trees or shrubs located on the applicant's
property lines which are within a cone of vision
defined by a thirty degree angle from the side win-
dow jambs of all second-story windows (see Exhibit
1, attached to the ordinance codified in this subsec-
tion). The purpose of the planting is to provide
screening between second-story windows and imme-
diately surrounding yards as viewed from the cone
of vision. The planting is required on the applicant's
property, unless option C is applied.
b. Planting Requirements. The minimum size of
the proposed trees shall be twenty-four inches box
and eight feet minimum planting height. The mini-
mum size of the shrubs shall be fifteen-gallon and
six feet planting height. The planting must be able
to achieve a partial screening within three yeazs
from planting. The species and planting distance
between trees shall be governed by Appendix A.
The trees or shrubs shall be planted prior to issuance
of a final occupancy permit.
c. 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 (see Appendix B).
d. Applicability. This requirement shall not
apply to skylights, window with sills above five feet
from the floor, windows facing aright-of--way,
louvered windows that prevent views into adjoining
properties, and windows facing a nonresidential
zoning district.
e. 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 particular
species. Where required planting dies, it must be
replaced within thirty days with the size and species
as described in Appendix A. The affected property
owner with privacy protection planting on their 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 (see Appendix B).
c. Applicability. This requirement shall not
apply to skylights, windows with a sill height above
five feet from the floor, windows facing aright-of-
way, louvered windows that prevent views into
adjoining properties, and windows facing a non-
residential zoning district. (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)
(Cupertino 8-99) 588-12,2.
Appf;ndix A
Landscape Mitigation Measures
PRIVACY SCREENING MATERIALS
I. NON-DECIDUOUS TREES
Planting
Distance-Max Height
A. Cedrus Deodora-Deodara Cedar to 80'
B. Melaleuca Linarifolia-Flaxleaf Paperbark 30'
C. Pinus Helipensis-Aleppo Pine 40-60'
D. Eucalyptus Polyanthemos~ilverdollar 20-60'
E. Cinnamomom Camphora--Camphor 50'
F. Arbutus Manna 40'
G. Magnolia Grandiflora-Southern Magnolia 80'
Planting
Distance-
Spread Max
40' @ ground 20'
12-15' 6'
20-25' 10'
10-15' S'
50' 20'
35' 15'
40' 20'
The minimum tree size shall be 24" box minimum and a minimum of 8' high planted height.
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' 15-40' 8'
E. Cupressus Sempervirens-Italian Cypress 60' 3-6' S'
F. Podocarpus Gracilior-Fern Pine 60' 20' 10'
G. Privet Ligustrum--Glossy Privet 350' 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.
Notes:
Other species than those listed above may be used subject to approval by the Community Development
Department. Applicant shall be required to submit ~idequate documentation in order for approval of other
planting materials. Documentation shall include a letter from an Internationally Certified Arborist or Landscape
Architect stating that the materials proposed will me;et or exceed height, spread criteria and growth rate of
listed materials and that they are suitable for planting on the applicant's property. The goal is to provide a
partial screening after 3 years growth following plaiting.
58fi-12.3 (Cupertino 8-99)
Appendix B
Release of Privacy Protection Measures
Single Family Residential Ordinance
Ordinance 19.28 (Single Family) requires that after September 21, 1998, all new two story additions or homes
be required to complete privacy protection measures. A modification or deletion to these requirements may
be granted by staff if the adjacent affected property owners sign a release agreeing to modify or delete the
requirements.
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:
(Cupertino 8-99) 5$$-12.4
Exh. 1
30° Angle
Privacy Invasion Mitigation
required in shaded areas
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588-12.5 (Cupertino 8-99)
19.28.070
19.28.070 Permitted yard encroachments.
Architectural features (not including patio covers)
may extend to a required yazd a distance not ex-
ceeding three feet, provided that no architectural
feature or combination thereof, whether a portion of
a principal or auxiliary structure, may extend closer
than three feet to any property line. (Ord. 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 applica-
tion of the provisions hereof, exceptions to Section
19.28.060 may be granted as provided in this sec-
tion.
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
Development Director may grant an exception to
allow two-story development if the subject develop-
ment, based upon substantial evidence, meets all of
the following criteria:
1. The literal enforcement of this chapter will
result in restrictions inconsistent with the spirit and
intent of this chapter.
2. The proposed development will not be injuri-
ous to property or improvements in the azea nor be
detrimental to the public safety, health and welfaze.
3. The proposed development is otherwise con-
sistent with the City's General Plan, any applicable
specific plan, and with the purposes of this chapter.
4. The adjoining properties 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
making all of the following findings:
1. The literal enforcement of the provisions of
this chapter will result in restrictions inconsistent
with the spirit and intent of this chapter.
2. The granting of the exception will not result
in a condition that is materially detrimental to the
public health, safety and welfare.
3. The exception to be granted is one that will
require the least modification of the prescribed
design regulation and the minimum variance that
will accomplish the purpose.
4. The proposed exception will not result in
significant visual impact as viewed from abutting
properties.
C. Issued by the Planning Commission (Hillside
Building Heights). Notwithstanding any provision
of Section 19.28.060 E1 to the contrary, the Plan-
ning Commission may grant an exception for
heights to exceed twenty-eight feet upon making all
of the following findings:
1. The subject property is in a hillside area and
has slopes of ten percent or greater.
2. Topographical features of the subject property
make an exception to the standard 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. 1808 (part), 1999)
19.28.090 Residential design approval.
A. In the event that a proposed development of
two stories exceeds athirty-five percent floor area
ratio as prescribed in Section 19.28.060B, the appli-
cant shall apply to the Residential Design Review
Committee for a special permit to allow for the
development; provided, however, in no event shall
such application exceed aforty-five foot floor area
ratio. In addition to the public hearing and notice
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
(Cupettino 8-99) 588-12.6
19.28.090
described by procedures developed by the Director
of Community Development.
B. The Residential Design Review Committee
may only grant a special permit upon making all of
the following findings:
1. The project will be consistent with the Cuper-
tino Comprehensive General Plan, any applicable
specific plans, zoning ordinances and the purposes
of this title.
2. 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.
3. The proposed addition home is harmonious
in scale and design with the general neighborhood.
4. The proposed addition home is generally
consistent with design guidelines developed by the
Director of Community Development.
5. The proposed addition home will not result
in significant adverse visual impacts as viewed from
adjoining properties. (Ord. 1808 (part), 1999)
19.28.100 Procedure for exceptions and
residential design approvals.
A. Application and Fee. All applications for
approvals described in Section 19.28.080 and
19.28.090 shall be made in writing on a foam 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.
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 approval
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 ex-
pand noticing beyond the stated requirements.
Compliance with the notice provisions set forth
in this section shall constitute a good 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 for ap-
proval.
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 be prescribed by the conditions of the excep-
tion. An approval shall be deemed to have been
"used" in the event of the erection of a structure
when sufficient building activity has occurred and,
continues to occur in a diligent manner. One addi-
tional one-year extension may be granted by the
Director of Community Development if an applica-
tion is filed before the expiration date without fur-
ther notice and hearing.
F. Concurrent Applications. Not withstanding
any provision of this chapter to the contrary, any
application for exception or residential design re-
view, which would be issued by the Director of
Community Development, the Residential Design
588-'12.7 (Cupertino 8-99)
19.28.100
Review Committee, or the Planning Commission
may at the discretion of the Director of Community
Development, be processed concurrently with other
land use approvals. (Ord. 1808 (part), 1999)
19.28.110 Solar design.
The setback and height restrictions provided in
this chapter may be varied for a structure utilized
for passive or active solar purposes, in R-1 zones,
provided that no such structure shall infringe upon
solar access or property rights of adjoining property
owners. Any solar structure which requires variation
from the setback or height restriction of this chapter
shall be allowed only upon issuance of a conditional
use permit by the Director of Community Develop-
ment. (Ord. 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. 1808
(part), 1999; Ord. 1601 Exh. A (part), 1992)
(Cupertino 8-99) 588-12.8
19.80.030
a. Ground level paving, landscape features, and
open recreational facilities are excluded from lot
coverage regulations,
b. All site development regulations, including
setbacks, height and lot coverage regulations appli-
cable to principal dwellings in the applicable zone
also govern attached accessory buildings/structures
except as otherwise specified below,
c. They shall be structurally integrated with the
principal dwelling,
d. Unenclosed patio covers may extend as close
as ten feet to the rear property line,
e. Attached recreational structures which have
a floor or step height greater than eighteen inches
above any point of the adjoining finished grade,
must have a minimum setback of ten feet from any
property line,
f. In agricultural zoning districts attached acces-
sory buildings/structures which are used solely for
agricultural uses are not restricted as to height,
provided that such buildings/structures are of a
design and height usual for that purpose,
g. First-floor decks and patios, other than de-
scribed in subsection B 1 e of this section, may en-
croach to within three feet of a property line,
h. First-floor decks and patios may encroach
three feet into front-yard setbacks,
i. A second-story deck or patio may encroach
three feet into the front setback for the principal
dwelling,
j. Second story decks in R1 zoning districts are
required to obtain an exception to this chapter by
the Residential Design Review Committee in order
to address privacy protection to adjoining properties
except decks facing nonresidential zoning districts
and aright-of--way,
k. The minimum side-yazd setbacks for second-
story decks and patios are:
i. Fifteen feet in residential zones,
ii. Twenty feet in agricultural zones,
1. The minimum reaz-yazd setbacks for second-
story decks and patios are:
i. Twenty feet in residential zones,
ii. Twenty-five feet in agricultural zones;
2. With respect to detached accessory build-
ings/structures (including an R2 zoning district):
a. The maximum lot coverage is thirty percent
of the useable rear yard area;
b. The minimum distance from a principal
dwelling is five feet (measured between the eaves);
c. Small, portable storage buildings less than six
feet in height, which are not attached to a building,
permanent foundation, or pad, may be located closer
than five feet to a principal dwelling, but no closer
than three feet from any property line;
d. No detached accessory building or structure
shall be located less than three feet from any proper-
ty line,
e. Detached accessory buildings and structures
shall be limited to a single story, and shall not ex-
ceed aheight of seven feet beginning at a three-foot
setback from rear or side property lines. The height
encompasses the entire wall plane nearest the prop-
erty line, including the roof, eaves, and any portion
of the foundation visible above the adjoining fin-
ished grade. The wall plane height may be increased
by one foot for each additional one and one-half feet
of setback (corresponding to athirty-three-degree
angle), up to a maximum wall plane height of fif-
teen feet, as depicted in the diagram attached to the
ordinance codified in this title. The maximum height
of construction shall not exceed twenty feet,
f. Walls which are less than five feet to a prop-
erty line may not have windows or if windows are
installed they must be obscured glass or have the sill
height above five feet from the floor. This require-
ment shall not apply to skylight or windows which
face aright-of-way or a nonresidential zoning
district.
g. Detached recreational buildings/structures
which have a floor or step height greater than eigh-
teen inches above any point at the adjoining finished
grade, must have a setback of ten feet from any
property. An affixed play structure, such as a swing
or climbing apparatus, is allowed in the setback area
if it is at least three feet from the property line and
if it exceeds the heights and setbacks as required in
subsections B2b and c of this section and meets one
of the two following conditions: It is adjacent to a
588-51 (Cupertino 5-99)
19.80.030
corner property line, or if not on a corner, the im-
mediately adjacent property owner agrees to the
location prior to construction,
h. The minimum front-yard setbacks for de-
tached accessory buildings/structures are:
i. Twenty feet in residential zones,
ii. Thirty feet in agricultural zones,
i. With respect to corner lots, the street-side
yazd setback must be no less than fifteen feet and
no less than twenty feet in the event that the corner
lot is adjacent to a key lot,
j. In R-2 and R-3 zones, in the case of an inte-
rior lot abutting only one street, no detached acces-
sory building or structure, except a detached garage,
may occupy the front fifty percent of the lot azea.
(Ord. 1811 (part), 1999; Ord. 1784 (part), 1998;
Ord. 1654 (part), 1994; Ord. 1637 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.80.040 Second story deck exception.
All second story decks are required to obtain an
exception by the Residential Design Review Com-
mittee in order to protect the privacy of adjoining
properties. The goal of the exception requirement is
not to require complete visual protection but address
privacy protection to the greatest extent while still
allowing the construction and use of an outdoor
deck.
After a public hearing, the Residential Design
Review Committee may grant an exception to this
section upon making the following finding:
A. The deck design is such that it decreases
privacy intrusion to adjoining properties to the
greatest extent. To decrease privacy intrusion, re-
quired mitigation may include the introduction of
walls or landscaping to block the most sensitive
views or having the smallest deck possible. (Ord.
1811 (part), 1999)
(Cupertino 8-99) 5g8-52
ORDINANCE LIST
enforcement officer, 2.32.020(A),
2.32.040, 2.32.060(B), 2.32.070,
2.32.090, planning commission,
2.36.040, park and recreation commis-
sion, 2.40.020, 2.40.030, 2.40.040,
2.40.050, 2.40.060(B) and (G)(3),
2.40.090, disaster council, 2.48.020,
departmental organization, 2.52.050,
2.52.060, 2.52.150, 2.52.160, 2.52.220,
2.52.240, 2.52.260, 2.52.270(A)(2),
(A)(6), (B) and (C), 2.52.290(L), (N)
and (R), 2.52.380, 2.52.420, 2.52.430,
2.52.440, 2.52.450, 2.52.470(A),
2.52.480, 2.52.490, personnel code,
2.68.070(A) and (B), library commis-
sion, 2.74.040, cable television advisory
committee, 2.86.060(A) and 2.86.070,
affordable housing committee; repeals
§§ 1.04.010(26), 1.09.170, 2.08.020,
2.08.080(C), 2.08.120, 2.32.080,
2.32.100, 2.36.100, 2.52.100(F),
2.52.190, 2.52.200, 2.52.210,
2.52.270(A)(1), (D) and (E), 2.52.390,
2.52.460, 2.52.470(A)(5), 2.52.500,
2.52.510, 2.52.520, Ch. 2.56, 2.60.090,
Ch. 2.72, 2.74.080(B) and Ch. 2.76
(1.01, 1.04, 1.09, 1.12, 1.16, 2.04, 2.08,
2.12, 2.20, 2.24, 2.28, 2.30, 2.32, 2.36,
2.40, 2.48, 2.52, 2.68, 2.74, 2.86)
1698 Adds intersections to §§ 11.20.020 and
11.20.030, stop signs (11.20)
1699 Adopts Stevens Creek Boulevard specif-
ic plan (Special)
1700 Ninety-day moratorium on issuance of
licenses or permits for massage estab-
lishments and services (Special)
1701 Rezone (Special)
1702 Approves development agreement be-
tween city and Hewlett-Packard Compa-
ny (Special)
1703 Repeals and replaces Ch. 6.28, cable
television franchise regulations (6.28)
1704 Adds intersection to § 11.20.030 and
deletes intersection from § 11.20.020,
stop signs (11.20)
1705 Adds §§ 5.28.045, 5.28.165 and
5.28.175, taxicabs; amends §§
2.80.020(A), fine arts commission,
3.04.040, revenue and finance,
3.08.090, sales and use tax,
3.12.020(G), transient occupancy tax,
5.16.040, 5.16.050, garage and patio
sales, 5.28.070(F), (G), (H) and (N),
5.28.080, 5.28.100, 5.28.110,
5.28.130(A), 5.28.170, taxicabs,
5.32.020, 5.32.030, 5.32.050, 5.32.060,
5.32.080, 5.32.110, 5.32.160, 5.32.190,
5.32.200(C), 5.32.280(B) and (C),
5.32.300(A) and (B), bingo, 5.40.010,
5.40.020, 5.40.030 and the title of Ch.
5.40, secondhand dealers and pawnbro-
kers; repeals §§ 3.04.050, 3.04.060,
3.04.070, 3.04.080, 3.08.130, 3.08.140,
Ch. 3.09, 3.12.030(B), Ch. 3.16, Ch.
3.20, 3.32.100, 3.34.180, 5.04.220,
5.04.520, Ch. 5.08, 5.16.042, Ch. 5.24,
5.32.070, Ch. 5.36, 5.40.040, 5.40.050,
5.40.060 and 5.40.070 (2.80, 3.04, 3.08,
3.12, 5.16, 5.28, 5.32, 5.40)
1706 Repeals and replaces Ch. 16.04, build-
ing code adopted (16.04)
1707 Repeals and replaces Ch. 16.16, electri-
cal code adopted (16.16)
1708 Repeals and replaces Ch. 16.20, plumb-
ing code adopted (16.20)
1709 Repeals and replaces Ch. 16.24, me-
chanical code adopted (16.24)
1710 Repeals and replaces Ch. 16.56, uni-
form housing code adopted (16.56)
1711 Repeals and replaces Ch. 16.40, fire
code (Repealed by 1828)
1712 Urgency ordinance; adds §§ 9.06.090
(B)(7) and (8), 9.06.245 and 9.06.275;
amends §§ 9.06.010(A), 9.06.020(E)
and (G), 9.06.040, 9.06.070(2),
9.06.080, 9.06.090(B), 9.06.110(B),
9.06.160, 9.06.170, 9.06.230, 9.06.240
and 9.06.260; and repeals §§ 9.06.120,
9.06.130, 9.06.140 and 9.06.150, mas-
sage establishments and services (9.06)
614-9 (Cupertino 8-99)
TABLES
1713 Rezone (Special)
1714 Amends Ch. 2.74, Cupertino telecom-
munications commission (2.74)
1715 Amends §§ 14.18.020, 14.18.030,
14.18.140, 14.18.170, heritage and
specimen trees, and 19.48.110B, zoning
(14.18, 19.48)
1716 Rezone and prezone (Special)
1717 Rezone (Special)
1718 Amends § 11.24.160, stopping, standing
and parking (11.24)
1719 (Number not used)
1720 Adds subsection M to § 17.16.010 and
E to § 17.32.060; amends §§ 17.32.060
(C) and (D) and 17.32.070(E), signs
(17.16, 17.32)
1721 Rezone (Special)
1722 Adds §§ 5.28.070(0), 5.28.100(E),
5.28.165(D) and (E); amends §§
2.74.010, 2.74.020(A), 2.74.040,
2.74.050, 2.74.060, 2.74.070, 2.86.010,
2.86.020, 2.86.030, 2.86.060, 2.86.070,
2.86.100, 2.86.110, 2.86.120,
5.28.070(N), 5.28.180 and titles of Chs.
2.74 and 2.86; repeals Chs. 6.04 and
9.16 and §§ 2.74.080(B), 3.08.190,
3.08.200, 6.08.080, 6.08.090, 6.08.100,
6.12.080, 6.12.090, 6.12.100, 6.16.060,
6.20.060, 6.24.350, 9.08.120, 9.12.140
and article titles of Ch. 9.12 (2.74, 2.86,
3.08, 5.28, 9.12)
1723 Amends § 3.32.040, construction tax
(3.32)
1724 Amends § 11.24.150, parking (11.24)
1725 Adds § 19.40.145 and amends the defi-
nitions section of Ch. 19.08 [§
19.08.030] and § § 19.40.020,
19.40.050(B) and (F)(1), 19.40.060(C)
and (F)[E], 19.40.070(A) and
19.40.140, zoning (19.08, 19.40)
1726 (Not passed)
1727 Amends § 11.24.150, parking (11.24)
1728 Amends §§ 2.16.010, 2.16.020 and
2.16.030, city council salaries (2.16)
1729 Amends § 11.24.150, parking (11.24)
1730 Amends § 11.20.020, stop signs (11.20)
1731 Adds §§ 11.27.145, 14.12.035,
14.12.055, 14.12.085, 14.12.090,
14.12.110 and 14.12.120; amends §§
5.44.060, 5.44.060(F), 10.26.090,
10.26.100, 10.26.110, 10.26.120(A) and
(B), 10.26.130, 10.26.150, 10.44.030,
10.44.040(A), 10.44.050(A),
10.44.055(A), 10.44.056(A), 10.44.060,
10.44.075(A), 10.44.080, 10.44.090,
10.44.100, 10.44.120, 10.44.140,
10.44.150(A), (B), (C) and (E),
10.44.160, 10.46.050, 10.76.020,
11.08.250, 11.08.260, 11.10.016, Table
11.12.030, 11.27.010, 11.32.090,
14.05.070, 14.12.010, 14.12.140 and
19.52.060(C); renumbers Ch. 5.44 as
Ch. 19.106; renumbers prior §§
14.12.090, 14.12.110 and 14.12.120 to
§§ 14.12.095, 14.12.130 and 14.12.140;
deletes T. 10 division titles and Ch.
10.48 article titles; repeals §§ 3.08.180,
3.08.190, 3.08.200, 3.22.080, 3.23.180,
3.25.100, 3.32.090, 3.24.240, 3.36.210,
5.20.160, 5.28.230, 5.32.340, 5.44.080,
6.24.340, 6.28.150, 9.06.280, 9.12.134,
9.18.140, 9.20.320, 10.10.040,
10.21.140, 10.24.070, 10.25.100, Ch.
10.26 Editor's note, 10.26.160, Ch.
10.28, §§ 10.44.090(C), 10.44.170,
10.46.080, 10.46.090, 10.48.063,
10.56.060, 10.68.040, Chs. 10.70, 10.82
and 11.16, § § 11.20.040, 11.29.060,
11.37.080, Ch. 11.38, §§ 14.05.130,
14.05.140, 14.15.080, Ch. 14.16, §§
14.18.230(B) and (C), 14.18.240,
15.20.101, 16.04.160, 16.08.030,
16.24.050, 16.28.080, 16.32.090,
17.56.010, 19.40.150, 19.81.070,
19.82.080, 19.116.350, 20.02.030 and
20.04.070, various subjects (10.26,
10.44, 10.46, 10.76, 11.08, 11.10,
11.12, 11.27, 11.32, 14.05, 14.12,
19.106)
1732 Rezone (Special)
(Cupertino 8-99) 614-10
ORDINANCE LIST
1733 Mobile vendor permits (5.48)
1734 Rezone (Special)
1735 Rezone (Special)
1736 Amends Ch. 19.108 entirely, wireless
communications facilities (19.108)
1737 Amends Ch. 19.100 entirely, parking
regulations (19.100)
1738 Rezone (Special)
1739 Amends § 11.08.260, bicycles (11.08)
1740 Amends § 11.08.250, bicycles (11.08)
1741 Amends § 11.24.150, pazking (11.24)
1742 Adds new § 16.04.080, residential roof-
ing and renumbers §§ 16.04.080-
16.04.160 to be 16.04.090-16.04.170,
building code provisions (16.04)
1743 Amends § 11.24.150, pazking (11.24)
1744 Not enacted
1745 Amends § 11.08.250, bicycle lanes
(11.08)
1746 Rezone (Special)
1747 (Not passed)
1748 Rezone (Special)
1749 Rezone (Special)
1750 Rezone (Special)
1751 (Not enacted)
1752 (Not enacted)
1753 Amends specific plan (Special)
1754 Rezone (Special)
1755 Adds § 17.04.030; amends §§
17.32.010, 17.32.040 and 17.32.090,
zoning (17.04, 17.32)
1756 Rezone (Special)
1757 Adds Ch. 2.06, city council campaign
finance (2.06)
1758 Adopts interim measures to protect
structures from demolition of potentially
historic sites (Not codified)
1759 Amends § 11.08.250, bicycle lanes
(11.08)
1760 Amends § 11.26.110, pazking (11.26)
1761 Adopts interim measures to protect
structures from demolition of potentially
historic sites (Not codified)
1762 Amends § 11.20.030, stop signs (11.20)
1763 (Pending)
1764 Amends Ord. 1750, rezone (Not codi-
fied)
1765 Amends § 11.20.020, stop signs (11.20)
1766 Amends § 11.08.250, bicycle lanes
(11.08)
1767 Adds §§ 11.08.014, 11.08.015 and
11.08.270; renumbers § 11.08.270 to be
11.08.280, roller skates and skateboards
(11.08)
1768 Rezone (Special)
1769 Amends Stevens Creek Boulevard spe-
cific plan (Special)
1770 Prezone (Special)
1771 Prezone (Special)
1772 Rezone (Special)
1773 (Not available)
1774 Rezone (Special)
1775 Adds § 2.04.050, city council term
limits (2.04)
1776 Amends § 15.32.060; repeals and re-
places Ch. 15.04, waterworks system,
rates and chazges; repeals and replaces
Ch. 15.20, sewage disposal systems;
repeals Chs. 15.08, 15.12 and 15.30
(15.04, 15.20, 15.32)
1777 Adds §§ 16.08.185, 16.08.290,
16.08.300, 16.16.025, 16.20.110,
16.20.120, 16.28.065, 16.32.090,
16.36.055; amends §§ 16.08.020,
16.08.080, 16.08.200(A)(1), 16.08.250
(B), 16.12.010, 16.12.020, 16.12.040,
16.16.020, 16.16.070, 16.20.080,
16.24.020, 16.24.030, 16.24.060,
16.24.080, 16.28.040(C),16.28.060(A),
16.32.080, 16.40.070, 16.40.930,
16.40.950(A); amends title of Ch.
16.12; repeals and replaces §§
16.20.100, 16.32.100; repeals §§
16.04.040, 16.04.150, 16.08.090,
16.08.140(B), 16.08.180(B), 16.08.190
(C), 16.08.250(B)(1 and 2), 16.08.280
(A-C), 16.20.030, 16.20.040,
16.20.090(A)(Part One), 16.24.040,
16.36.030(D), 16.36.070(D), 16.40.940,
16.40.950(D), 16.42.280; repeals Chs.
61 ~~-11 cc~~~;~o s-~>
TABLES
16.44, 16.48 and 16.60; repeals Ch. 1796 Amends §§ 17.32.010, 17.32.040,
16.44 Appx. A, Ch. 16.52 Article subti- 17.32.090(E) and 17.32.100, temporary
ties, Ch. 16.60 Tables A, B, C, D, E, signs-regulations; renumbers §
and F and Demand/Capacity Ratio 17.32.120 to be 17.24.270, sign regula-
graph; buildings and construction regu- tions; repeals § 17.32.110 (17.24,
lations (16.08, 16.12 16.16, 16.20, 17.32)
16.24, 16.28, 16.32, 16.36) 1797 Amends §§ 2.06.100(D) and 2.06.130,
1778 Adds Ch. 19.134, architectural and site city council-campaign finance (2.06)
review process (19.134) 1798 Proposition for utility users excise tax
1779 Adds §§ 19.32.090 and 19.60.090, and annexation (Special)
architectural and site review (19.32, 1799 Amends § 19.28.060, zoning (19.28)
19.60) 1800 Prezone (Special)
1780 Designating permit parking on Rose 1801 Amends § 5.04.460, (5.04)
Blossom Drive from McClellan Road to 1802 Adds § 16.28.045; amends § 16.28.060,
Lily Avenue (Not codified) (16.28)
1781 Amends § 11.24.160, parking (11.24) 1803 Rezone (Special)
1782 Prezone (Special) 1804 Rezone (Special)
1783 Prezone (Special) 1805 Rezone (Special)
1784 Amends §§ 19.08.030, 19.28.040, 1806 Amends § 11.24.150, parking (11.24)
19.28.060, 19.32.060, 19.40.110, 1807 Amends § 2.08.096, city council (2.08)
19.56.040, 19.56.060, 19.56.070, 1808 Adds §§ 19.28.080-19.28.110, amends
19.64.050, 19.64.080, 19.76.070, §§ 19.28.040(A)(1), 19.28.060(A), (B),
19.80.030, 19.88.030, 19.92.060 and (C), (D) and (E), renumbers §
19.104.040; repeals Ch. 19.96; zoning 19.28.080 to 19.28.110 and § 19.28.090
(19.08, 19.28, 19.32, 19.40, 19.56, to § 19.28.120 and repeals §§
19.64, 19.76, 18.80, 19.88, 19.92, 19.28.060(F)(3) and 19.28.070(A) and
19.104) (B), zoning (19.28)
1785 Prezone (Special) 1809 (Pending)
1786 Amends specific plan (Special) 1810 Amends §§ 14.18.020, 14.18.060 and
1787 Amends Ch. 2.32, planning commission 14.18.230, heritage and specimen trees
(2.32) (14.18)
1788 Amends Ch. 16.28, fences (16.28) 1811 Amends § 19.80.030, 19.80.040 and
1789 Amends Ch. 17.44, sign exceptions 19.84.030, zoning (19.80, 19.84)
(17.44) 1812 Amends § 19.124.100, zoning (19.124)
1790 Amends Ch. 19.132, zoning (19.132) 1813 Prezone (Special)
1791 Amends Ch. 19.134, zoning (19.134) 1814 Interim zoning regulations (Special)
1792 Amends §§ 2.16.010-2.16.030, city 1815 Amends §§ 19.56.030 and 19.56.040,
council (2.16) zoning (19.56)
1793 Adds Ch. 9.22, property maintenance 1816 Extends Ord. 1814, interim zoning
(9.22) regulations (Special)
1794 Amends §§ 1.09.030(A) and 1817 Adds Ch. 2.90, residential design re-
1.09.060(A) and (B), nuisance abate- view committee (2.90)
ment (1.09) 1818 Amends Ch. 2.06, city council-cam-
1795 Rezone (Special) paign finance (2.06)
1819 Prezone (Special)
cc~~w~o s-~> 614-12
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)
614-13 (Cupettino 8-99)
BUILDING
Moving
contiguous land 16.36.080
definitions 16.36.010
metal tires prohibited 16.36.090
notice required 16.36.040
permit
application 16.36.030
bond 16.36.060
conditions 16.36.070
fees 16.36.055
issuance, hearing ] 6.36.040
required 16.36.020
roller restrictions 16.36.100
truck requirements 16.36.110
supervisor, duties 16.36.120
violation, penalty 16.36.130
Official
swimming pool code
administration 16.32.030
enforcement 16.32.060
Plumbing code
See PLUMBING CODE
Preliminary soils report
See Soils report
purpose 16.12.010
required 16.12.020
Retaining wall
See EXCAVATION, GRADING, RETAINING
WALLS
Soils report
appeals 16.12.070
approval 16.12.050
building permit conditions 16.12.060
contents 16.12.030
preparation 16.12.040
purpose 16.12.010
required 16.12.020
Swimming pool
See SWIMMING POOL
BUILDING CODE
Address marking, site numbering 16.04.050
Adopted 16.04.010
Amendments
Section 105 16.04.020
Section 108.7 16.04.030
Section 1504 16.04.080
Section 2320.11.3 16.04.110
Bracing 16.04.110
Enforcement of provisions 16.04.020
Fees
energy permit 16.04.140
inspection 16.04.130
Inspection
fees 16.04.130
generally 16.04.030
Residential roofing 16.04.080
Spark arresters 16.04.060
Violation, penalty 16.04.160
BUILDING CONSERVATION CODE
Adopted 16.60.010
Name insertion 16.60.020
BUILDING MATERIAL YARD
Business license
See also BUSINESS LICENSE
fee 5.04.350
BUSINESS LICENSE
Adjustments, interstate commerce 5.04.100
Appeal 5.04.480
City council powers, duties 5.04.060
Collector powers, duties 5.04.070
Deemed debt to city 5.04.240
Definitions 5.04.030
Duplicate 5.04.170
Effect of provisions 5.04.490
Evidence of doing business 5.04.090
Exemption
application 5.04.120
generally 5.04.110
Imposed 5.04.280
Interest, penalties 5.04.250
Interpretation of provisions 5.04.050
Issuance, expiration 5.04.210
Overpayment refund 5.04.230
Payment due when 5.04.200
Posting, display required 5.04.140
Purpose of provisions 5.04.020
619 (Cupertino 8-99)
BUSINESS LICENSE
Reclassification 5.04.470
Renewal 5.04.160
Required 5.04.080
Revocation 5.04.120
Separate businesses, same location, separate licenses
required 5.04.130
Statements
deemed not conclusive, confidentiality 5.04.260
extension for filing 5.04.270
failure to file 5.04.190
verification, audit 5.04.180
Tax increase, automatic, consumer price index
5.04.460
Terminology of provisions 5.04.040
Title of provisions 5.04.010
Transfer 5.04.150
Violation, penalty
generally 5.04.500
remedies cumulative 5.04.510
- C -
CABLE TELEVISION ADVISORY COMMITTEE
See TELECOMMUNICATIONS COMMISSION
CABLE TELEVISION FRANCHISE
Conflicting provisions 6.28.160
Customer service standards 6.28.090
Definitions 6.28.010
Design, construction 6.28.080
Discrimination 6.28.110
Duration 6.28.030
Enforcement
nonenforcement 6.28.120
remedies reserved 6.28.100
Failure to perform 6.28.140
Fees 6.28.050
Finances, funds, bonds 6.28.060
Granting, generally 6.28.020
Insurance, indemnification 6.28.070
Notices 6.28.130
Rights reserved by city 6.28.040
CAFETERIA
See RESTAURANT
CALIFORNIA WATER SERVICE
See FRANCHISE
CAT
See ANIMAL
CATV
Acquisition 6.28.060
Advisory committee
See TELECOMMUNICATIONS COMMISSION
Arbitration 6.28.260
Bond 6.28.150
(Cupertino 8-99) 62~
COiJNCIL, CITY
contribution limits 2.06.100
contributions
See also Specific Subject
acceptance, time limits 2.06.110
definitions 2.06.030
disclosure statements
audits, appeals, complaints 2.06.130
requirements generally 2.06.120
prohibited acts
See also Specific Subject
generally 2.06.070
purpose of provisions 2.06.010
state law, conflicting provisions, resolution
2.06.040
statutory authority of provisions 2.06.020
violation
complaints, procedure 2.06.130
criminal proceedings 2.06.150
hearing procedure 2.06.140
penalty 2.06.080
remedies cumulative 2.06.090
Child care expense reimbursement, when granted
2.72.010
Communications 2.08.100
Contract bid award 3.24.080
Document signature authority 2.08.135
Election
See also Campaign finance
generally 2.04.005
False alarm hearing duties 10.26.120
Fences, height, location determination 16.28.030
Manager, city
appointment 2.28.010
suspension, removal 2.28.090
Meeting
discussion procedure 2.08.130
emergency 2.04.025
order of business 2.08.090
place 2.04.030
presentation method 2.08.080
protests 2.08.120
reconsideration
motions 2.08.095
petitions 2.08.096
regular 2.04.010
special 2.04.020
violation, penalty 2.08.140
Municipal employee relations officer
appointment 2.52.320
Nuisance abatement heazing 1.09.070
Officer, official body reports 2.08.110
Parade, athletic event permit appeal hearing
10.44.140
Permit pazking time determination 11.27.130
Personnel authority 2.52.090
Petition
definitions 2.08.030
exception 2.08.070
hearing notice 2.08.040
Public safety commission appointment 2.60.010
Reimbursement 2.16.030
Robert's Rules of Order adopted 2.08.020
Rules adopted 2.08.010
Salary
amount, effective date 2.16.020
statutory basis 2.16.010
Storm drainage service chazge
adjustment authority 3.36.160
collection duties 3.36.080
review duties 3.36.050
Term limits 2.04.050
Transient occupancy tax appeal hearing
determination 3.12.100
Vacancy filling 2.04.040
Water chazge appeal hearing 15.12.100
Weed abatement
assessment, hearing 9.08.090
authority 9.08.060
hearing, decision, action 9.08.050
resolution 9.08.020
CRUISING
See TRAFFIC
CUPERTINO GARBAGE COMPANY
See GARBAGE
CURFEW
Definitions 10.68.010
Exceptions 10.68.030
623 (Cupertino 8-99)
CURFEW
Violation
penalty 10.68.050
prohibited acts 10.68.020
- D -
DEFECATION
See URINATION, DEFECATION
DEPARTMENTAL ORGANIZATION
Divisions, designated 2.48.020
Manager authority 2.48.030
Purpose 2.48.010
DISASTER COUNCIL
Definitions 2.40.020
Director of emergency services
created 2.40.050
powers, duties 2.40.060
Emergency organization
membership 2.40.070
structure, duties, functions 2.40.080
Expenditures 2.40.100
Membership 2.40.030
Mutual aid provided 2.40.090
Powers, duties 2.40.030
Purposes 2.40.010
Violation, penalty 2.40.110
DOCUMENTARY STAMP TAX
Administration, authority 3.04.090
Exemptions 3.04.040
Imposition, rate 3.04.020
Payment responsibility 3.04.030
Refund claim, authority 3.04.100
Short title, authority 3.04.010
DOG
See ANIMAL
- E -
EARTHQUAKE
See TOXIC GASES
ELECTIONS, MUNICIPAL
See COUNCIL, CITY
ELECTRICAL CODE
Adopted 16.16.010
Persons allowed to do electrical work
designated 16.16.025
EMERGENCY
See DISASTER COUNCIL
EMPLOYEE, CITY
See also Specific Employee
Communication with public
See COMMUNICATION WITH CITY
OFFICIALS
General personnel policies
See PERSONNEL
EMPLOYEES' RETIREMENT SYSTEM
See PERSONNEL
ENGINEER, CITY
Preliminary soil report approval 16.12.050
Truck route signing 11.32.020
ENVIRONMENTAL PROTECTION
CEQA guidelines adopted 2.84.090
ENVIRONMENTAL REVIEW COMMITTEE
Appeals 2.84.100
City powers not restricted 2.84.120
Chairperson 2.84.030
Compensation, expense reimbursement 2.84.050
Environmental assessment fee 2.84.110
Established, composition 2.84.010
Meetings
majority vote 2.84.060
quorum 2.84.040
Office, term 2.84.020
Powers, duties 2.84.080
Record of proceedings 2.84.070
(Cupertino 8-99) 624
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 mazket, 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 standazds 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
625 (Cupertino 8-99)
FENCE
rear 16.28.020
side 16.28.020
Violation, penalty 16.28.070
FINANCE
See PURCHASING
FINANCE DIItECTOR
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 hearing 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
FIRE
See FIRE CODE
SMOHING
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
standards 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
standards 16.40.350
Hazardous fire area suppression, control 16.40.380
Hazardous 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
fire protection systems 16.40.120
institutions 16.40.130
Refrigeration 16.40.280
(Cupertino 8-99) 626
FIRE CODE
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 ] 6.40.210
FIREARM
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 chazging, 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
recordkeeping 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 8-99)
MECHANICAL CODE
Name substitution 16.24.020
Permit fees 16.24.070
Violation, penalty 16.24.080
MINOR
See BINGO
CURFEW
MOBILE VENDORS
See VENDORS, MOBILE
MOSQUITOES
Abatement
by city when 9.16.080
cost
See also Lien
payment by owner 9.16.090
notice
contents 9.16.050
when 9.16.040
Breeding places declared nuisance 9.16.020
Enforcement authority 9.16.030
Findings, intent 9.16.010
Health officer defined 9.16.150
Hearing 9.16.060
Lien
exemption 9.16.140
foreclosure 9.16.120
generally 9.16.100
recordation, priority 9.16.110
satisfaction from sale proceeds 9.16.130
Recurrence of nuisance 9.16.070
MOTEL
Business license
See also BUSINESS LICENSE
fee 5.04.390
MOTOR COURT
Business license tax rate 5.04.390
MOVING BUILDINGS
See BUILDING
N
NEWSPAPER
See ADVERTISEMENT
NEWSRACKS
Administration
See Committee
Amortization 10.21.120
Appeals 10.21.100
Applicability of provisions 10.21.030
Committee 10.21.060
Definitions 10.21.020
Design standards 10.21.040
Display of certain materials prohibited 10.21.050
Maintenance 10.21.070
Permit, insurance requirements 10.21.080
Purpose of provisions 10.21.010
Violation
abatement 10.21.090
penalty 10.21.110
NOISE CONTROL
Administration 10.48.020
Animals, birds 10.48.061
Brief daytime incidents 10.48.050
City department duties 10.48.023
Definitions 10.48.010
Deliveries, pickups, nighttime 10.48.062
Disturbance prohibited 10.48.060
Emergency exception 10.48.030
Exceptions
appeal 10.48.032
emergency 10.48.030
special, granting 10.48.031
Grading, construction, demolition 10.48.053
Home maintenance activities 10.48.051
Maximum levels 10.48.040
Motor vehicle
faulty muffler system 10.48.056
idling 10.48.055
Multiple-family dwelling unit, interior noise
10.48.054
Multiple section applicability 10.48.013
639 (Cupertino 8-99)
NOISE CONTROL
Officer
See NOISE CONTROL OFFICER
Other remedies 10.48.014
Outdoor public events 10.48.055
Recreational vehicles 10.48.057
Violation
notice 10.48.011
penalty 10.48.012
NOISE CONTROL OFFICER
Administrative duty 10.48.020
Defined 10.48.010
Duties 10.48.022
Exception granting authority 10.48.031
Noise abatement order 10.48.011
Powers 10.48.021
NUISANCE
Abandoned, wrecked, inoperative vehicle 11.04.010
Abatement
See NUISANCE ABATEMENT
Animal 8.08.150
Code chapters designated 1.09.180
Fire code violations 16.40.750
Graffiti 10.60.020
Nighttime delivery to commercial establishment
10.48.062
Penalty 1.12.030
Property maintenance
See PROPERTY MAINTENANCE
Sewer wells, cesspools, seepage pits 15.20.120
Sign, illegal 17.52.070
Watercourse pollution discharge 9.18.050
Weeds 9.08.020
Zoning provisions, noncompliance 1.09.170
NUISANCE ABATEMENT
Civil action permitted 1.09.100
Compliance, time limit 1.09.080
Cost recovery 1.09.090
Declazation of nuisance 1.09.040
Definitions 1.09.030
Hearing
council action 1.09.070
nonce
form 1.09.050
service, posting 1.09.060
Purpose of provisions 1.09.020
Short title, statutory authority 1.09.010
Violation, penalty 1.09.160
- O -
OFF-STREET VEHICLES
Appeal from permit denial 11.10.015
Exemptions 11.10.013
Operation
pazent, guardian responsibility 11.10.014
permit requirements 11.10.012
Purpose of provisions 11.10.010
Vehicle defined 11.10.011
Violation, penalty 11.10.016
ORDINANCE
See also RESOLUTION
Clerk record keeping 2.20.030
Defined 1.04.010
Passage
effective date 2.12.050
time, reading 2.12.020
vote required 2.12.040
Publication 2.12.010
Real property description requirements 2.12.060
-P-
PACIFIC GAS AND ELECTRIC COMPANY
See FRANCHISE
PARADES AND ATHLETIC EVENTS
Administration, authority designated 10.44.030
City costs, reimbursement 10.44.075
Definitions 10.44.020
Indemnification requirements 10.44.055
Liability insurance required 10.44.056
Obstruction, interference prohibited 10.44.130
Permit
appeal 10.44.140
~c~~~~o s-~v> 640
PARADES AND ATHLETIC EVENTS
application
contents 10.44.050
criteria 10.44.100
decision, notice 10.44.100
fee 10.44.070
filing period 10.44.060
contents 10.44.110
required 10.44.040
640-1 (Cupertino 5-99)
PEDDLER
PEDDLER
Business license
See also BUSINESS LICENSE
fee 5.04.400
operation 5.28.060
Temporazy pazking 11.24.220
Toxic gas storage, use 16.42.060
Trees
PENALTY
Code violation 1.12.010
Nuisance abatement 1.12.030
Separate offense 1.12.020
PERFORMANCE
Business license
See also BUSINESS LICENSE
fee 5.04.340
PERMIT
See also BUSINESS LICENSE
LICENSE
Advertisement, handbill distribution 10.52.030
Alcoholic beverages, gasoline concurrent sales
5.44.030
Animal
dangerous, vicious 8.08.085, 8.08.460
establishment 8.08.380
vicious 8.08.085, 8.08.460
Bingo 5.32.190
Encroachment 14.08.030
Explosives 10.20.010
Firearm 10.76.010
Fire code, designated activities 16.40.090
Grading 16.08.030
Moving buildings 16.36.020
Newsrack 10.21.080
Off-street vehicle 11.10.011
Parade 10.44.030
Park, building 13.04.140
Parking
See PARKING
Private patrol 5.24.020
Restaurant, food establishment 9.04.020
Sign 17.12.020
Solicitor identification 5.20.030
Swimming pool 16.32.070
Taxicab
driver 5.28.160
care 14.12.060
heritage tree removal 14.18.120
removal from street area 14.12.085
Watercourse, dischazge into, NPDES permit
9.18.080
Water system connection 15.12.080
PERSONNEL
Accruals credits, retained 2.52.080
Authority
city manager 2.52.100
council 2.52.090
Child care expense reimbursement, granted
specified officers 2.72.010
city
rights 2.52.310
Communication with
See COMMUNICATION WITH CITY
OFFICIALS
Council, rights, powers 2.52.350
Definitions 2.52.290
Employee organization
appropriate unit determination 2.52.470
formal recognition petition 2.52.450
representative determination 2.52.480
rights 2.52.300
Employer-employee relations 2.52.280
Employment continuation 2.52.490
Federal, state, city laws, authority 2.52.340
Grievance processing procedure 2.52.420
Impasse procedures 2.52.410
Jurisdiction A
classification plan
provisions included 2.52.160
purpose 2.52.140
scope of coverage, adoption 2.52.150
pay plan 2.52.180
Jurisdiction B
provisions included 2.52.240
purpose 2.52.220
scope of coverage, adopted 2.52.230
b43 (Cupertino 8-99)
PERSONNEL
Jurisdiction C
provisions included 2.52.270
purpose 2.52.250
scope of coverage, adopted 2.52.260
Jurisdictions
designated 2.52.040
exclusions 2.52.050
exemptions 2.52.060
Legislative intent 2.52.030
Meet and confer in good faith
advance notice required 2.52.440
exclusions 2.52.400
memorandum of understanding 2.52.430
scope 2.52.380
Municipal employee relations officer designated
2.52.320
Purpose 2.52.010
Repeal of prior provisions 2.52.070
Retirement
See Specific Subject
Purpose
Rules, regulations
adoption 2.52.330
adoption, effectiveness 2.52.130
scope, applicability 2.52.120
State law applicability 2.52.370
System adopted 2.52.020
Written agreements, effect 2.52.360
PISTOL
See FIREARM
PLANNING COMMISSION
Chairman, election 2.32.040
Established 2.32.010
Fences, location, height determination
16.28.030
Flood azea appeal duties 16.52.030
Meetings
amendments, records required 2.32.060
procedure 2.32.050
Member
term of office 2.32.020
vacancy, removal 2.32.030
Powers, functions 2.32.070
Procedural rules 2.32.090
Sign provision duties
permit
application review 17.12.060
review 17.12.030
sign modification 17.12.070
PLANNING DIRECTOR
Bingo permit applicant investigation 5.32.220
Flood azea authority 16.52.021
PLUMBING CODE
Adopted 16.20.010
Amendments, Section 807.2 16.20.080
Appendix chapters adopted 16.20.090
Board of appeals 16.20.120
Condensate disposals 16.20.080
Fees schedule 16.20.110
Hearings 16.20.100
Name substitution 16.20.020
Violation, penalty 16.20.100
POLICE
See SHERIFF
POLICE ALARM
See ALARM
POLLUTION
See WATERCOURSE POLLUTION
PREVENTION
PRELIMINARY SOIL REPORT
See BUILDING
PRIVATE SCHOOL
Business license
See also BUSINESS LICENSE
fee 5.04.420
PROPERTY MAINTENANCE
City powers 9.22.050
Exemptions from provisions 9.22.030
Franchise Tax Board, notice 9.22.060
Nuisance declared 9.22.040
(Cupertino 8-99) 644
PROPERTY MAINTENANCE
Prohibited acts 9.22.020
Purpose of provisions 9.22.010
PUBLIC SAFETY COMMISSION
Compensation, expenses 2.60.050
Duties, responsibilities 2.60.070
Effect 2.60.080
Established 2.60.010
Meetings, quorum, officers, staff 2.60.040
Members
term of office 2.60.020
vacancy removal 2.60.030
Records required 2.60.060
PUBLIC WORKS CONTRACTS
Award, criteria
lowest bid rejection, effect 3.23.100
lowest responsible bidder 3.23.070
Bid
competitive, required when 3.23.030
exempt activities designated 3.23.130
informal procedure when 3.23.120
invitation, notice, contents 3.23.040
opening, procedure 3.23.060
presentation, security, requirements 3.23.050
rejection, identical, absence, effect 3.23.110
Bond requirements 3.23.140
Definitions 3.23.020
Lowest responsible bidder
See Award, criteria
Proceeds, deposit, use 3.23.150
Purpose of provisions 3.23.010
Security
See also Bid
forfeiture when 3.23.080
Work
additional, procedure when 3.23.160
deletion permitted when 3.23.170
PUBLIC WORKS DEPARTMENT
See DEPARTMENTAL ORGANIZATION
PUBLIC WORKS DIItECTOR
Storm drainage service chazge
collection duties 3.36.080
measurement, analysis methods report duties
3.36.060
premises inspection authority 3.36.190
PURCHASING
See also EQUIPMENT, SURPLUS, SALE
PUBLIC WORKS CONTRACTS
Administration, scope, authority 3.22.030
Contract
See also PUBLIC WORKS CONTRACTS
bid, award procedures 3.22.060
Definitions 3.22.020
Exemptions
See Public agencies, exemptions when
Funds availability required 3.22.050
Public agencies, exemptions when 3.22.070
Purchase order, request, petty cash required
3.22.040
Purpose of provisions 3.22.010
PURCHASING OFFICER
Contract awazd authority 3.22.060
Designated 3.22.020
Powers, duties generally 3.22.030
Q -
QUARANTINE
See ANIMAL
R-
RECORDER, COUNTY
Documentary stamp tax administrator 3.04.090
REFUSE
See GARBAGE
RENTAL DISPUTE MEDIATION
Appeal 2.78.080
Enforcement 2.78.090
Purpose of provisions 2.78.010
Subpoena
application
contents 2.78.050
6~•5 (Cupertino 8-99)
RENTAL DISPUTE MEDIATION
procedure 2.78.040
form, serving 2.78.060
issuance
authority 2.78.020
findings required 2.78.070
restrictions 2.78.030
RESIDENTIAL DESIGN REVIEW COMMITTEE
Chairperson 2.90.040
Construction of provisions 2.90.100
Established 2.90.010
Licensed architect 2.90.060
Meetings, quorum 2.90.050
Powers, functions 2.90.080
Procedural rules 2.90.090
Recordkeeping 2.90.070
Terms of office 2.90.020
Vacancy, removal 2.90.030
RESOLUTION
See also ORDINANCE
Money payment, adoption 2.12.030
Official forms 2.12.070
REST HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
RETAINING WALL
See EXCAVATION, GRADING, RETAII~IING
WALLS
RETIl2EMENT SYSTEM
See PERSONNEL
REVENUE
See TAX
RIGHT OF ENTRY
See INSPECTION
ROLLER SKATES
Defined 11.08.014
Prohibited where 11.08.270
Violations, penalties 11.08.280
-S-
RESTAURANT
Definitions 9.04.010 SALE OF SURPLUS SUPPLIES, EQUIPMENT
Food, unwholesome, destruction authority 9.04.100 See EQUIPMENT, SURPLUS, SALE
Meat
inspection required 9.04.110
manufacturing requirements 9.04.120
Permit
application, issuance 9.04.030
denial 9.04.050
fee 9.04.040
nontransferable 9.04.070
required 9.04.020
revocation, suspension 9.04.060
Prima facie evidence 9.04.090
Rules, regulations 9.04.080
Smoking
See SMOKING
Violation, penalty 9.04.130
SALES AND USE TAX
Administration, state contract 3.08.050
Collection, enjoining prohibited 3.08.160
Exemptions, exclusions 3.08.120
Operative date 3.08.030
Purpose 3.08.040
Rate 3.08.020
Sales
place, consummation 3.08.070
tax, imposed 3.08.060
Short title 3.08.010
State code
additional permits not required 3.08.110
amendments, chapter applicability 3.08.150
limitations 3.08.100
provisions adopted 3.08.090
Use tax, imposed 3.08.080
Violation, penalty 3.08.170
(Cupertino 8-99) 646
TRAFFIC
vehicle types excepted 11.32.080
vehicle weighing authority 11.32.040
violation, penalty 11.32.090
TREE
See STREETS AND SIDEWALKS
TREES
TRAFFIC ENGINEER
Bicycle lane sign erection 11.08.260
Parking
curb marking, sign authority 11.26.040
handicapped parking space approval 11.26.100
loading space establishment authority 11.26.070
space marking authority 11.26.060
TRANSIENT OCCUPANCY TAX
Collection action 3.12.130
Definitions 3.12.020
Failure to collect and report
appeal 3.12.100
determination 3.12.090
Imposition 3.12.030
Operator duty 3.12.050
Penalty, interest 3.12.080
Records retention, access 3.12.110
Refund condition 3.12.120
Registration 3.12.060
Reporting, remitting 3.12.070
Short title 3.12.010
Violation, penalty 3.12.140
TRAPS
See ANIMAL
TREASURER, CITY
Conflict of interest 2.64.020
Franchise pipeline inspection 6.04.050
Investment authority 2.24.050
Monthly statements required 2.24.030
Oath of office, bond 2.24.040
Payment, procedure 2.24.020
Responsibility for city moneys 2.24.010
TREASURER, COUNTY
Assessment collection responsibility 3.16.010
TREES
Heritage and specimen tree protection
definitions 14.18.020
designation of trees 14.18.040
general policy of preservation 14.18.030
heritage tree list 14.18.050
identification tagging 14.18.080
plan of protection 14.18.060
protection during construction 14.18.190,
14.18.200
purpose of provisions 14.18.010
records 14.18.070
removal
appeals 14.18.110
application 14.18.090, 14.18.150
enforcement authority 14.18.130
exemptions 14.18.140
notice of decision 14.18.220
permit required 14.18.120
property owner notification 14.18.100
review 14.18.170, 14.18.180
violation, penalty 14.18.230
Street tree regulations
appeals 14.12.130
building permit requirements
condition of issuance 14.12.110
fee 14.12.120
compliance required 14.12.035
definitions 14.12.020
destruction, damage prohibited 14.12.095
enforcement 14.12.030
maintenance by property owners 14.12.055
master tree list 14.12.040
nuisance conditions 14.12.100
permit for maintenance 14.12.060
planting specifications 14.12.050
purpose of provisions 14.12.010
removal
permit, notice 14.12.085
replacement 14.12.090
trimming business licensing 14.12.080
b59 (Cupertino 8-99)
TREES
utility companies, permit to trim 14.12.070
violation, penalty 14.12.140
TRESPASSING
Shopping center
defined 10.56.010
enforcement powers not affected 10.56.050
exception 10.56.030
unlawful actions 10.56.020
violation, penalty 10.56.070
-U
UNDERGROUND UTILITIES
Conversions
city responsibility 14.20.100
company responsibility 14.20.080
exceptions
designated 14.20.060
when 14.20.050
notice required 14.20.070
property owner responsibility 14.20.090
public hearing 14.20.020
time extension when 14.20.110
unlawful acts 14.20.040
violation, penalty 14.20.120
District designation 14.20.030
New developments
definitions 14.24.020
exception
administrative 14.24.060
generally 14.24.040
use permit 14.24.070
zones 14.24.050
intent 14.24.010
required 14.24.030
transition clause 14.24.080
URINATION, DEFECATION
Definitions 10.30.010
Prohibited where 10.30.020
Violation, penalty 10.30.030
UTILITIES
See FRANCHISE
SEWER
UNDERGROUND UTILTTIES
WATER
UTILITY USERS EXCISE TAX
Administration, scope, authority 3.34.100
Benefit declaration 3.34.150
Collection
debt to city, actions permitted 3.34.150
due date, delinquency, penalties 3.34.070
procedure generally 3.34.090
Conflicting provisions, resolution 3.34.200
Construance of provisions 3.34.210
Definitions, 3.34.010
Duration, term 3.34.160
Exemptions
designated 3.34.020
partial, criteria 3.34.060
Grammatical interpretation of provisions 3.34.140
Imposed, rate, applicability
See also Exemptions
electricity users tax 3.34.040
gas users tax 3.34.050
telephone users tax 3.34.030
Payment
See also Collection
failure, assessment when, effect 3.34.110
Powers deemed additional 3.34.190
Proceeds, revenue measure, disposition 3.34.170
Purpose of provisions 3.34.005
Recordkeeping requirements 3.34.120
Refund, criteria, procedure 3.34.130
Tax
See also Specific Subject
administrator defined 3.34.020
Validity of proceedings, tax
actions, proceeding ]imitation 3.34.230
generally 3.34.220
(Cupertino 8-99) 660
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
Park and recreation zone
See PR zone
Pazking
See also Off-street parking
applicability of provisions 19.100.020
exceptions, generally 19.100.050
nonresidential zones regulations 19.100.030
purpose of provisions 19.100.010
regulations generally 19.100.040
residential zones regulations 19.100.030
shared parking regulations 19.100.040
Pazking, parking garage
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 parking
See also Parking
applicability of provisions 19.100.020
exceptions, generally 19.100.050
purpose of provisions 19.100.010
regulations 19.100.040
Open space zone
See OS zone
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
Pazk
PR zone 19.68.030
PD zone
applicability of provisions 19.48.020
approval action
city council 19.48.060
planning commission 19.48.050
conceptual development plan required
19.48.040
conditional use permit
approval action, city council 19.48.090
approval action, planning commission
19.48.080
required 19.48.070
development plan modification 19.48.110
establishment, permitted, conditional uses
19.48.030
purpose 19.48.010
Permitted uses
A-1 zone 19.20.030
A zone 1 9.16.030
BA zone 19.64.030
BQ zone 19.64.040
CG zone 19.56.030
ML zone 19.60.030
OA zone 19.76.030
OS zone 19.24.030
PR zone 19.68.030
R-1 zone 19.28.030
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
RIC zone 19.44.040
T zone 19.64.060
669 (Cupertino 8-99)
ZONING
Personal services Purpose of provisions 19.04.010
CG zone 19.56.030 Quan'y
Pets A-1 zone 19.20.040
R-2 zone 19.32.030 A zone 19.16.040
R-3 zone 19.36.030 Quasipublic building zone
Photography studio See BQ zone
CG zone 19.56.030 R-1 zone
Picnic area applicability of provisions 19.28.020
BQ zone 19.64.050 approval 19.28.090
FP zone 19.72.040 conditional uses 19.28.040
Planned development zone designated 19.12.010
See PD zone design exceptions 19.28.080
Playground exception procedures 19.28.100
PR zone 19.68.030 interpretation of provisions 19.28.120
OS zone 19.24.040 lot 19.28.060
Pond permitted uses 19.28.030
OS zone 19.24.040 purpose 19.28.010
Pool site development regulations 19.28.050
OS zone 19.24.040 solar design 19.28.110
Poultry raising, hatchery yard 19.28.070
A-1 zone 19.20.040 R-2 zone
A zone 19.16.030 applicability of provisions 19.32.020
Prezoning 19.120.110 architectural, site review 19.32.090
Privacy protection building coverage, setbacks 19.32.070
R-1 zone 19.28.060 conditional uses 19.32.040
Private recreation zone designated 19.12.010
See FP zone height 19.32.050
Processing lot 19.32.060
ML zone 19.60.030 permitted uses 19.32.030
Professional office purpose 19.32.010
CG zone 19.56.030 yazd 19.32.080
OA zone 19.76.030 R-3 zone
Prohibited uses applicability of provisions 19.36.010
A-1 zone 19.20.030 conceptual development plan required
A zone 19.16.050 19.36.050
CG zone 19.56.050 conditional uses 19.36.040
FP zone 19.72.070 designated 19.12.010
ML zone 19.60.050 pazking 19.36.070
PR zone permitted uses 19.36.030
applicability of provisions 19.68.020 purpose 19.36.010
designated 19.12.010 site development regulations 19.36.060
park master plan required 19.68.040 Racquet club
permitted uses 19.68.030 FP zone 19.72.040
purpose 19.68.010 Radioactive material manufacture
Public building zone ML zone 19.60.040
See BA zone
(Cupertino 8-99) 67~