1999 JuneSUPPLEMENT
INSERTION GUIDE
CUPERTINO MUNICIPAL CODE
Juine, 1999
(Covering Ordinances through 1815)
This supplement consists of reprinted pages replacing existing pages in the
Cupertino Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their places
insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should be retained as a permanent record of pages
supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages
Preface ...............Preface
Checklist ........... Checklist
Remove Pages Insert Pages
TABLES
~ t 4-11-614-12
TEXT
21-22 .............. 21-22 a
313-316 ...... ..... 313-316
378-1- 378-2 ... . 378-1- 378-2a
378-5- 378-6 ... .. 378-5 -378-6
588-37 -588-38 . ....... .. .
... ........ 588-36a- 588-37
588-SOa -588-52 . ....... .. .
... ........ 588-SOa- 588-52
588-53- 588-54 . ....... .. .
... ........ 588-53- 588-54
588-91- 588-94 . ....... .. .
... ........ 588-91- 588-94
............ 614-11-614-12
INDEX
623-624 ........... 623-624
661-662 ........... 661-662
665-666 ........... 665-666
PREFACE
The Cupertino Municipal Caie, originally published by Book
Publishing Company in 1973, leas been kept current by regulaz
supplementation.
During original codification, the ordinances were compiled,
edited and indexed by the editorial staff of Book Publishing
Company under the direction 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 .0.50, located in Chapter 17.12 of
Title 17. In most instances, sections are numbered by tens (.010,
.020, .030, etc.), leaving nine v~icant positions between original
sections to accommodate future- provisions. Similazly, chapters
and titles aze numbered to provide for internal expansion.
In parentheses following eaclh section is a legislative history
identifying the specific sources for the provisions of that
section. This legislative histor}~ is complemented by an ordi-
nance disposition table, followir.~g the text of the code, listing by
number all ordinances, their sut~jects, and where they appear in
the codification.
Footnotes referring to applicable statutory provisions aze
located throughout the text. A subject-matter index, with
complete cross-referencing, loc~ites specific code provisions by
individual section numbers.
This supplement brings the code up to date through Ordi-
nance 1815, passed April 5, 19!9.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(Cupertino 6-v9)
CHECKLIST
CUPERTINO MUNICIPAL CODE
This checklist is included to provide a positive means for ascertaining whether your code contains all
current pages. After insertion of the 6-99 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 l:
1 .............................. 1-95
3-6 .......................... 12-95
7-10 .......................... 11-98
10-1 ........................... 11-98
11-15 ......................... 12-95
Title 2:
17 ............................. 8-97
19-20 .......................... 5-98
20-1-20-4 ...................... 11-98
20-4a .......................... 11-98
20-5-20-6 ....................... 8-97
21-22 .......................... 6-99
22a ............................ 6-99
22-1-22-3 ...................... 12-95
23-24 .......................... 8-98
24a-24b ........................ 1-95
25-30 ......................... 12-95
31-34 .......................... 8-98
35-51 ......................... 12-95
52/58 .......................... 12-95
59-60 .......................... 3-89
61-63 .......................... 5 -96
64/66 ........................... 5-96
67-70 ....................... (no date)
70-1-70-2 ...................... 12-95
70-3-70-4 ...................... 12-91
70-5-70-8 ....................... 5-96
70-9 ............................ 5-95
Page Number Date
89-100 ........................ 12-96
100a-100b ..................... 12-96
100-1-100-2 ..................... 2-93
100-2a .......................... 2-93
100-3-100-4 ..................... 5-92
100-5-100-6 .................... 12-95
100-7-100-8 .................... 12-96
100-9-100-12 .................... 9-92
100-13-100-14 .................. 12-96
Title 4:
101 ......................... (no date)
Title 5:
103 ........................... 12-96
105-106 ....................... 12-95
107-108 ........................ 2-93
109-110 ....................... 12 -9 5
111-112 ........................ 2-93
113-114 ........................ 3-99
115-117 ....................... 12-95
119-124 ....................... 12-96
125-128 ........................ 5-96
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
73-77 ......................... 12-96
78/86 .......................... 12-96
87-88 ....................... (no date)
Title 6:
143-150 ........................ 5-96
151 ........................... 12-96
152/ 156 ........................ 12-96
157-158 ....................... 10-93
159-160 ....................... 12-91
(Cupertino 6-99)
Page Number Date
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:
18 3-204 ........................ 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:
245-25 8 ....................... 12-96
25 8-1 ........................... 9-92
259-277 ....................... 12-96
278/278-2 ....................... 12-96
278-2a-278-2b .................... 1-95
279-281 ....................... 12-96
Title 11:
Page Number Date
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
320-1-320-2 ..................... 5-98
320-3 ........................... 5-96
321-322 ........................ 9-89
3 22-1 ........................... 9- 89
323-324 ....................... 12-87
325-326 ....................... 11-86
327-328 ....................... 11-97
329-332 ....................... 12-96
332-1 .......................... 12-96
333-334 ....................... 11-86
334-1-334-3 .................... 12-96
335-338 ..................... (no date)
339-340 ....................... 12-96
340-1 ........................... 3-88
341-342 ....................... 12-87
342-1-342-2 .................... 12-96
Title 12:
343 ......................... (no date)
Title 13:
345-354 ..................... (no date)
Title 14:
355 ........................... 12-96
357-358 ........................ 8-94
(Cupertino 6-99) 11
Page Number Date
359-360 ........................ 3-89
360-1 ........................... 3-89
361-362 ........................ 8-94
362a ............................ 8-94
362-1-362-2 ..................... 2-93
363-366 ........................ 8-94
366-1-366-2 ..................... 8-94
367-368 ..................... (no date)
368-1-368-4 .................... 12-96
369-372 ..................... (no date)
373-376 ....................... 12-96
376-1-376-2 .................... 12-96
376-2a ......................... 12-96
376-3-376-4 ..................... 4-94
377-378 ....................... 12-96
378-1-378-2 ..................... 6-99
378-3-378-4 ..................... 5-96
378-5-378-6 ..................... 6-99
379-382 ..................... (no date)
383-385 ........................ 8-94
Title 15:
387-394 ........................ 5-98
395/411 ......................... 5-98
Title 16:
413-416 ........................ 5-98
417-418 ........................ 2-97
419--444 ........................ 5 - 9 8
445-448 ........................ 4-99
448-1 ........................... 5-98
44954 ....................... 10-93
455-464 ........................ 5-98
464-1-464-2 ..................... 3-96
464-2a-464-2j .................... 3-96
464-3-464-4 ..................... 5-98
464-4a-464-4c .................... 5-98
464-5-464-12 ................... 10-90
46567 ........................ 5-98
468/474 ......................... 5-98
474-1-474-2 ..................... 3-88
475-480 ........................ 5-98
480-1 ........................... 5 -98
Page Number Date
Title 17:
481 ............................ 8-98
483-484 ........................ 8-97
485-488 ....................... 10-93
48990 ........................ 5-96
491-492 ....................... 11-98
492-1 .......................... 11-9 8
493194 ....................... 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
588-1-588-6 ..................... 7-95
588-6a-588-6b .................... 7-95
588-7-588-8 ..................... 4-94
588-9-588-10 ................... 11-98
588-10a-588-1Ob ................. 11-98
588-11-588-12 .................. 11-98
588-12a-588-12b .................. 8-98
588-13 .......................... 8-98
588-14a-588-14b .................. 5-98
588-14c ......................... 7-95
588-15-588-16 ................... 2-93
5 8 8 -17-5 8 8-18 .................. 12-96
588-19-5 88-22 ................... 8-96
588-22a-588-22b .................. 8-98
588-22c-588-22d ................. 12-96
588-23-588-24 ................... 7-95
lll (Cupertino 6-99)
Page Number Date
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
5 88-39-588-42 ................... 5-98
588-42a ......................... 5-98
588-43-588-44 ................... 8-98
5 88-45-588-48 ................... 2-93
588-49-588-50 ................... 8-98
588-SOa-588-SOb .................. 6-99
588-51-588-52 ................... 6-99
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
5 88-61-588-62 .................. 12-93
588-63-588-64 ................... 4-94
588-65 .......................... 4-99
588-66/588-68 ..................... 4-99
588-69-588-72 ................... 2-97
588-72a-588-72c .................. 2-97
588-73-588-74 ................... 4-99
588-74a-588-74b ................. 12-96
588-75-588-76 ................... 2-97
588-76a-588-76c .................. 2-97
588-77-588-78 ................... 2-93
588-79-588-80 .................. 12-96
588-81-588-86 ................... 2-93
588-87-588-88 .................. 12-96
588-89-588-90 ................... 2-93
588-91-588-94 ................... 6-99
588-95-588-100 ................... 8-98
588-100a-588-100b ................ 5-98
Page Number Date
Title 20:
588-101 ........................ 12-94
588-103-588-106 ................. 12-96
Tables:
589-590 ........................ 5-96
591-592 ........................ 5-98
593-594 ........................ 2-93
595-599 ....................... 12-96
601-614 ........................ 5-98
614-1-614-4 ..................... 5-98
614-5-614-8 ..................... 8-98
614-9-b 14-10 ................... 11-97
614-11-614-12 ................... 6-99
Index:
615-616 ....................... 12-96
617-620 ........................ 5-98
621-622 ........................ 8-97
623-624 ........................ 6-99
624-1 ........................... 8-97
625-626 ........................ 4-99
627 ............................ 5-98
629/631 ......................... 3-96
633-638 ....................... 12-96
639-640 ....................... 11-98
641-642 ....................... 12-96
643-644 ........................ 5-98
645-648 ....................... 11-98
648-1 ........................... 5-98
649-651 ....................... 12-96
65 2/654 ........................ 12-96
655-660 ........................ 5-98
661-662 ........................ 6-99
663-664 ........................ 8-98
665-666 ........................ 6-99
667-668 ........................ 8-98
669-670 ....................... 11-98
671-b73 ........................ 8-98
(Cupertino 6-99) 1V
2.08.010
Chapter 2.08
CITY COUNCII~RULES AND CONDUCT
OF MEETINGS*
Sections:
2.08.010 Adoption of rules.
2.08.030 Petition-Defined.
2.08.040 Petition-Hearing notice.
2.08.070 Petition-Exception.
2.08.080 Method of presenting matters
to Council.
2.08.090 Order of business.
2.08.095 Reconsideration.
2.08.096 Reconsideration-Sought by
interested person.
2.08.100 Written communications.
2.08.105 Oral communications.
2.08.110 Reports of officers and official
bodies.
2.08.130 Discussion procedure.
2.08.135 Designation of signatory for
official documents.
2.08.140 Violation-Penalty.
* For statutory provisions authorizing the City Council to establish
rules for the conduct of its proceedings, see Gov. Code § 36813.
2.08.010 Adoption of rules.
The City Council may adopt from time to time
such rules of procedure as it may deem necessary
to properly exercise its powers and duties. Such
rules shall become effective upon a majority vote of
the Council and shall be kept on file with the City
Clerk and a copy thereof shall be exhibited to any
person upon request. (Ord. 6 § 1, 1955)
2.08.030 Petition-Defined.
For the purpose of Sections 2.08.030 through
2.08.070, a "petition" means any written communi-
cation signed with multiple signatures and which is
delivered to the City Clerk for the attention of the
City Council. Such petitions so received will be
processed in the same manner as written communi-
cations. (Ord. 673 (part), 1975: Ord. 49 § 1, 1958)
2.08.040 Petition-Hearing notice.
The City Council after having received a petition
may, at its discretion, set a time for the holding of
a public hearing thereon. Unless otherwise provided
by law or any other ordinances of this City, there
shall be no prescribed minimum or maximum inter-
im period between the setting of said time and the
holding of such public hearing. (Ord. 673 (part),
1975: Ord. 49 § 2, 1958)
2.08.070 Petition-Exception.
Sections 2.08.030 through 2.08.070 shall not
apply to any petition in which there is a prescribed
method of publication or notice pursuant to law or
any other ordinances of this City. (Ord. 49 § 5,
1958)
2.08.080 Method of presenting matters to
Council.
A. Every official, board, commission or other
body, connected with the City government, and
every citizen, individual, corporation, committee or
civic group, having any reports ,communications or
other matters to be presented at a City Council
meeting, shall be referred to the City Clerk in writ-
ing before nine a.m. of the sixth day (Sunday in-
cluded) preceding the day of such meeting for it to
be given consideration as an item of agenda busi-
ness.
B. The City Clerk shall prepare an agenda set-
ting forth such matters and the nature thereof under
their appropriate headings, and setting forth all other
matters to come before such meeting under their
appropriate headings, all under the headings in order
specified in Section 2.08.090. The City Clerk shall,
preceding such meetings, cause one copy thereof to
be delivered to each member of the City Council
and shall make such other copies available for pub-
lic review as is consistent with State law. (Ord.
1697 (part), 1995; Ord. 1292, 1984: Ord. 822, 1977;
Ord. 673 (part), 1975: Ord. 389 § 3.4, 1968)
2.08.090 Order of business.
A. The City Council of the city ordains that the
2.1 (C~pertino 6-99)
2.08.090
order of business at each regular meeting of the City
Council shall be as follows:
1. Pledge of allegiance;
2. Roll call;
3. Ceremonial matters-presentations;
4. Postponements;
5. Written communications;
6. Oral communications;
7. Consent calendaz;
8. Items removed from the consent calendaz;
9. Public hearings;
10. Unfinished business;
11. New business;
12. Ordinances;
13. Staff reports;
14. Council reports;
15. Closed session;
16. Adjournment.
B. The order of business to be taken up at an
adjourned meeting shall be that as deemed by the
Mayor and the City Council to be proper.
C. The foregoing order of business may, at any
regulaz meeting on motion duly made and carried,
be changed or suspended for the period of such
meeting.
D. The City Council may, in its discretion, es-
tablish time limitations for the presentation or dis-
cussion of any item of business; and, may establish
a time after which no agenda item of business will
be taken up in which case the motion for adjourn-
ment will contain the date and time for the comple-
tion of agenda business. (Ord. 1697 (part), 1995;
Ord. 1561, 1991; Ord. 1457, 1988; Ord. 1393, 1986;
Ord. 1329, 1985; Ord. 1259, 1984; Ord. 1192, 1982;
Ord. 1133, 1981; Ord. 978 (part), 1980; Ord. 673
(part), 1975: Ord. 389 § 3.5, 1968)
2.08.095 Reconsideration.
A. The Council may, at any time before adjourn-
ment of any council meeting, determine to reconsid-
er anitem of business previously acted upon at that
council meeting. A motion to reconsider may only
be made by a councilmember who was a member
of the prevailing majority voting on the item. A
motion to reconsider may be seconded by any
councihnember.
B. If a motion for reconsideration prevails, the
Council is then free to reconsider the item either at
the same council meeting or at any other council
meeting established by the Council; provided, how-
ever, that the Council shall not reconsider an item
at the same council meeting, in the following in-
stances:
1. Any action involving a public hearing which
has been closed;
2. Any action, including appeals, regarding a
zoning matter, use permit, subdivision map approv-
al, variance, architectural and site approval or sign
exception;
3. Any action involving the granting, modifica-
tion or revocation of any permit issued by the City;
4. Any action which is quasi judicial in nature.
C. In such cases, the Council shall reconsider the
item at another council meeting date established by
the Council and shall direct the City Clerk to pro-
vide notification to the relevant parties or the gener-
al public, as the case may be. (Ord. 1697 (part),
1995; Ord. 1378 § 1, 1986)
2.08.096 Reconsideration-Sought by
interested person.
A. Any interested person, prior to seeking judi-
cial review of any adjudicatory decision of the City
Council, shall file a petition for reconsideration with
the City Clerk within ten days after the decision.
Failure to file a petition for reconsideration consti-
tutes awaiver of the right to request reconsideration
and the City Council's decision shall be final for all
purposes. Upon timely receipt of a petition for re-
consideration, the City Clerk shall schedule a recon-
sideration hearing to be commenced by the City
Council no later than sixty days after the filing of
the petition. Mailed notices of the date, time and
place of such hearing will be provided to all inter-
ested persons at least ten days prior to the hearing.
At the conclusion of the hearing for reconsideration,
the City Council may affum, reverse, or modify its
original decision, and may adopt additional findings
(Chpertino 6-99) 22
2.08.096
of fact based upon the evidence submitted in any
and all city hearings concerning the matter.
B. A petition for reconsideration shall specify,
in detail, each and every ground for reconsideration.
Failure of a petition to specify any particular ground
or grounds for reconsideration, precludes that partic-
ular omitted ground or grounds from being raised
or litigated in a subsequent judicial proceeding.
The grounds for reconsideration are limited to the
following:
1. An offer of new relevant evidence which, in
the exercise of reasonable diligence, could not have
been produced at any earlier city hearing.
2. An offer of relevant evidence which was
improperly excluded at any prior city hearing.
3. Proof of facts which demonstrate that the City
Council proceeded without, or in excess of its, juris-
diction.
4. Proof of facts which demonstrate that the City
Council failed to provide a fair hearing.
5. Proof of facts which demonstrate that the City
Council abused its discretion by:
a. Not preceding in a manner required by law;
and/or
b. Rendering a decision which was not support-
ed by findings of fact; and/or
c. Rendering a decision in which the findings of
fact were not supported by the evidence. (Ord. 1807
§ 1, 1999)
2.08.100 Written communications.
A. Written communications transmitted to a
majority of the members of the City Council by any
person in connection with a matter which is subject
to discussion or consideration at a meeting of the
City Council shall be delivered by the recipient
Councilperson to the City Clerk who shall retain
them as public records and shall otherwise treat
them as written communications to the City Council.
B. Written communications addressed to the City
Council and delivered to the City Clerk shall be
transmitted to each City Councilperson, the City
Manager, and any department director having re-
sponsibility for the subject matter of the communi-
cation. Written communications which are relevant
to a matter subject to being discussed or considered
at a City Council meeting shall be included as sup-
plementary material to that agendized matter. Other
written communications may be placed on the agen-
da, as a separate item of business under written
22a (Cupertino 6-99)
11.24.110
paint on the curb or edge of the paved portion of
the street adjacent to the space. In addition to blue
paint, the space may also be indicated by signs or
other suitable means. (Ord. 843 § 9.7, 1977)
11.24.120 Prohibited in parkways.
No person shall stop, stand, or park a vehicle
within any pazkway. (Ord. 843 § 5, 1977)
11.24.130 Prohibited for more than
seventy-two hours.
No person who owns or has in his possession,
custody, or control any vehicle or trailer shall park
such vehicle or trailer upon any public street or
alley for more than a consecutive period of seventy-
two hours. (Ord. 843 § 6, 1977)
11.24.140 Parking for purposes of display,
servicing, or repairing.
A. No person shall pazk a vehicle upon any
roadway or on any private property or private road-
way without the express written permission of the
owner of such property, for the principal purpose of:
1. Displaying such vehicle for sale; or
2. Servicing or repairing such vehicle, except
when necessitated by an emergency.
B. Violation of this provision shall constitute an
infraction, and shall subject the registered owner of
such vehicle to the penalties as prescribed by Chap-
ter 1.12 of the Cupertino Municipal Code. Each day
the violation continues constitutes a new offense.
This section shall not constitute the exclusive means
of enforcement of vehicles or parts thereof which
have been stored, parked, placed, or abandoned on
public or private roadways and private property
within the City limits. (Ord. 1394 § § 1 (part), 2,
1986: Ord. 1380 §§ 1, 2, 3, 4, 1986: Ord. 843 § 8,
1977)
11.24.150 Parking prohibited along certain
streets.
No person shall stop, stand, or pazk any vehicle
as defined in the Vehicle Code of California on any
day on any of the following streets or portions of
streets within the City, as set out in Table
11.24.150. (Ord. 1806, 1999; Ord. 1743, 1996; Ord.
1741, 1996; Ord. 1729, 1996; Ord. 1727, 1996; Ord.
1724 (part), 1996; Ord. 1683 (part), 1995; Ord.
1605, 1992; Ord. 1589, 1992; Ord. 1578, 1992; Ord.
1577, 1992; Ord. 1564, 1991; Ord. 1562, 1991; Ord.
1553, 1991; Ord. 1547 (part), 1991; Ord. 1521,
1990; Ord. 1467, 1988; Ord. 1455, 1988; Ord. 1454,
1988; Ord. 1446, 1988; Ord. 1439, 1988; Ord. 1428,
1987; Ord. 1423, 1987; Ord. 1419 (part), 1987; Ord.
1409 (part), 1987; Ord. 1405 (part), 1987; Ord.
1397, 1987; Ord. 1395, 1986; Ord. 1390 (part),
1986; Ord. 1388, 1986; Ord. 1357, 1986; Ord. 1351,
1986; Ord. 1338, 1986; Ord. 1325, 1985; Ord. 1304,
1985; Ord. 1302, 1985; Ord. 1189 (part), 1984; Ord.
1285, 1984; Ord. 1276 (part), 1984; Ord. 1266,
1984; Ord. 1245 (part), 1983; Ord. 1221, 1983; Ord.
1218, 1983; Ord. 1203 (part), 1982; Ord. 1178,
1982; Ord. 1172 (part), 1982; Ord. 1170, 1982; Ord.
1156, 1982; Ord. 1152 (part), 1981; Ord. 1151
(part), 1981; Ord. 1148, 1981; Ord. 1140, 1981;
Ord. 1129, 1981; Ord. 1124 (part), 1981; Ord. 1118
(part), 1981; Ord. 1115, 1981; Ord. 1097, 1981;
Ord. 1072, 1980; Ord. 1069, 1980; Ord. 1058, 1980;
Ord. 1025, 1980; Ord. 1001, 1980; Ord. 993, 1980;
Ord. 992, 1980; Ord. 980, 1980; Ord. 971 (part),
1980; Ord. 927, 1979; Ord. 908, 1979; Ord. 899,
1978; Ord. 886 § 1, 1978; Ord. 873 § 2, 1978; Ord.
843 § 10.1, 1977)
11.24.160 Prohibited during certain hours.
No person shall stop, stand, or pazk any vehicle
as defined in the Vehicle Code of California on any
day except as herein provided on the streets, or
portions of streets, set out in Table 11.24.160, with-
in the City of Cupertino between the respective
hours set opposite the name of each street. (Ord.
1781, 1998; Ord. 1718 (part), 1996; Ord. 1683
(part), 1995; Ord. 1645, 1994; Ord. 1633, 1993;
Ord. 1547 (part), 1991; Ord. 1545, 1990; Ord. 1518,
1990; Ord. 1476 (part), 1988; Ord. 1427, 1987; Ord.
1422, 1987; Ord. 1392, 1986; Ord. 1390 (part),
1986; Ord. 1369, 1986; Ord. 1276 (part), 1984; Ord.
1265, 1984; Ord. 1264, 1984; Ord 1245 (part) 1983;
Ord. 1203 (part), 1982; Ord. 1172 (part), 1982; Ord.
1152 (part) 1981; Ord 1151 (part), 1981; Ord. 1135,
1981; Ord. 1124 (part), 1981; Ord. 1118 (part),
1981; Ord. 1074, 1980; Ord. 1007, 1980; Ord. 999
(part), 1980; Ord. 971 (part), 1980; Ord. 873 § 3,
1973; Ord. 843 § 10.2, 1977)
313 (Cupertino 6-99)
TABLE 11.24.150
Sides of
Street Street Portion
Adriana Avenue North and South Between Mann Drive and a point 100 feet east thereof
Alhambra Avenue East Between University Way southerly to southern terminus
(approximately 1,162 feet)
Anton Way Both Between Stevens Creek Boulevazd and Alves Drive
Bandley Drive East and West Between Lazaneo Drive and a point 940 feet northerly
thereof
Bandley Drive Both Between Lazaneo Drive and a point 400 feet north of
~ Mariani Avenue
I
~~,, Bianchi Way
West
Between a point 30 feet south of Stevens Creek Boulevard
and a point 166 feet south of Stevens Creek Boulevard
Blaney Avenue Both Between Villa De Anza Boulevazd and Homestead Road
'I Blaney Avenue Both Between Stevens Creek Boulevazd and a point 450 feet north
thereof
Blaney Avenue East Between Bollinger Road and a point 155 feet north thereof
Blaney Avenue East Between Stevens Creek Boulevazd and Price Avenue
i
'i Blaney Avenue
West
Between Stevens Creek Boulevazd and a point 600 feet north
'~I of Rodrigues Avenue
Blaney Avenue West Between Bollinger Road and a point 550 feet north thereof
Blaney Avenue West From Lucille Avenue and a point 350 feet south thereof
Blue Jay Drive East and West Between Homestead Road and a point ± 900 feet south, to
Northurst Drive
Bollinger Road North Between a point 286 feet west of Miller Avenue and a point
150 feet east of Hyde Avenue
ccw~~oo ~-~> 314
TABLE 11.24.150 (Continued)
Sides of
Street Street
Bollinger Road North
Bubb Road Both
Bubb Road East
Christensen Drive South
Cristo Rey Drive Both
De Anna East
Boulevazd
De Anza West
Boulevazd
Empire Avenue West
English Oak Way East
Finch Avenue East
Foothill Boulevard East
Foothill Boulevazd East
Foothill Boulevard East
Foothill Boulevazd East
Foothill Boulevard West
Forest Avenue North
Portion
Between a point 140 feet east of Farallone Drive and a point
450 feet ~~+est of Blaney Avenue ~i
Between .McClellan Road and Stevens Creek Boulevard
Between :McClellan Road and a point 550 feet south thereof
Between .Ann Arbor Avenue and Stelling Road
Between the easterly City limits and the northwesterly
terminus
Bollinger Road to the northerly City limits
Prospect ]toad to the northerly City limits
Between iUniversity Way and Grand Avenue
Between ]Majestic Oak Way and a point 400 feet north there-
of
Between Stevens Creek Boulevard and + 400 feet south of
Sorensen Avenue
Between ~i point 300 feet south of Sorenson Avenue and a
point 250 feet south thereof
Between ;itevens Creek Boulevazd and a point 320 feet north
of Salem Avenue
Between ~~ point 490 feet north of Salem Avenue and Vista
Knoll Boiilevazd
Between :itazling Drive and Freeway 280
Between ;itevens Creek Boulevazd and Vista Knoll
Boulevazd.
Between the centerline of (west) Vista Drive to (east) Vista
Drive
3 :l5 ccapemnu 6-~v>
TABLE 11.24.150 (Continued)
Sides of
Street Street Portion
Franco Court Both Between Homestead Road southerly to the southern terminus
Grand Avenue North Between Peninsula Avenue and Santa Claza Avenue
Grand Avenue North Between Santa Clara Avenue and Empire Avenue
Hillcrest Road Both Between Crescent Road and the northerly terminus of
Hillcrest Road
Homestead Road South Between Foothill Boulevard and a point 100 feet east of
Lucky Oak and thence from Barranca Drive and the east
City limits, all portions currently or hereafter within the City
limits
Homestead Road South Between a point 200 feet west of Maine Drive and the east
City limits, all proions currently or hereafter within the City
limits
Homestead Road North Between a point 1,300 feet west of a point 550 feet east of
De Anza Boulevazd
Kim Street West Between Bollinger Road and Kirwin Lane
Lazaneo Drive Both Between De Anza Boulevard and Bandley Dr.
Lazaneo Drive North Between a point 370 feet west of (west) Vista Drive center-
line
Lazaneo Drive South Between a point 420 feet west of (west) Vista Drive
Lubec Street Both Between Mary Avenue and Anson Avenue
Lucille Avenue North Between Villa De Anza Avenue and a point 150 feet west of
Larry Avenue
Majestic Oak Way South Between California Oak Way and English Oak Way
(Cupertino 6-99) 316
14.18.010
Chapter 14.18
HERITAGE AND SPECIMEN TREES
Sections:
14.18.010 Purpose.
14.18.020 Definitions.
14.18.030 Retention promoted.
14.18.040 Designation.
14.18.050 Heritage tree list.
14.18.060 Plan of protection.
14.18.070 Recordation.
14.18.080 IdentiScation tag.
14.18.090 Application to remove.
14.18.100 Notice list to accompany
application.
14.18.110 Appeal.
14.18.120 Permit required for removal.
14.18.130 Enforcing authority.
14.18.140 Exemptions.
14.18.150 Application for permit.
14.18.160 Director to inspect.
14.18.170 Review of application.
14.18.180 Review standards.
14.18.190 Protection during construction.
14.18.200 Protection plan before permit
granted.
14.18.210 Applicant to guarantee
protection.
14.18.220 Notice of action on permit
Appeal.
14.18.230 Penalty.
14.18.010 Purpose.
In enacting this chapter, the City of Cupertino
recognizes the substantial economic, environmental
and aesthetic importance of its tree population. The
City fords that the preservation of specimen and
heritage trees on private and public property, and
the protection of all trees during construction, is
necessary for the best interests of the City and of
the citizens and public thereof, in order to:
A. Protect property values;
B. Assure the continuance of quality develop-
ment;
C. Protect aesthetic and scenic beauty;
D. Assist in the absorption of rainwaters, thereby
preventing erosion of top soil, protecting against
flood hazazds and the risk of landslides;
E. Counteract air pollutants by protecting the
known capacity of trees to produce pure oxygen
from cazbon dioxide;
F. Maintain the climatic balance (e.g., provide
shade);
G. Help decrease potential damage from wind
velocities;
H. Protect specimen and heritage oak trees.
For the above reasons, the City fords it is in the
public interest, convenience and necessity to enact
regulations controlling the caze and removal of
specimen and heritage trees within the City in order
to retain as many trees as possible, consistent with
the individual rights to develop, maintain and enjoy
private and public property to the fullest possible
extent.
Specimen and heritage trees aze considered a
valuable asset to the community. The protection of
such trees in all zoning districts including residential
zones is intended to preserve this valuable asset.
(Ord. 1573 § 2, 1991: Ord. 1543 § 2, 1991)
14.18.020 Definitions.
Unless otherwise stated, the following definitions
pertain to this chapter.
A. "City" means the City of Cupertino situated
in the County of Santa Claza, California.
B. "Developed residential" means any legal lot
of record, zoned single-family, duplex, agricultural
residential and residential hillside, with any structure
(principal or accessory) constructed thereon.
C. "Heritage tree" means any tree or grove of
trees which, because of factors including, but not
limited to, its historic value, unique quality, girth,
height or species, has been found by the Architec-
tural and Site Approval Committee to have a special
significance to the community.
D. "Oak tree" shall include all, trees of oak ge-
nus, including, but not limited to, the Valley Oak
(Quercus lobata) and California Live Oak (Quercus
agrifolia).
378-1 ccu~mno ~-~>
14.18.020
E. "Owner" shall include the legal owner of real
property within the City, and any lessee of such
owner.
F. "Person" shall include an individual, a firm,
an association, acorporation, a co-partnership, and
the lessees, trustees, receivers, agents, servants and
employees of any such person.
G. "Private property" shall include all property
not owned by the City or any other public agency.
H. "Public property" includes all property owned
by the City or any other public agency.
I. "Specimen tree" means any of the following:
1. A tree which has a trunk with a circumfer-
ence of thirty-one inches, is approximately ten or
more inches in diameter, measured at three feet
above natural grade slope;
2. A tree required to be protected as a part of a
zoning, tentative map, use permit, or privacy protec-
tion requirement in an R1 zoning district.
J. "Tree removal" means the destruction of
twenty-five percent or more (in a twelve-month
period) of any heritage or specimen tree by cutting,
retazding, girdling, or applying chemicals. (Ord.
1810 (part), 1999; Ord. 1715 (part), 1996; Ord.
1573 § 3, 1991: Ord. 1543 § 3, 1991)
14.18.030 Retention promoted.
Heritage and specimen trees aze considered an
asset to the community and the pride of ownership
and retention of these species shall be promoted.
The Director of Community Development shall
conduct an annual review of the status of heritage
trees and report the fmdings to the Planning Com-
mission. (Ord. 1715 (part), 1996: Ord. 1543 § 4.1,
1991)
14.18.040 Designation.
The Planning Commission, may, by resolution,
designate a tree or grove of trees as a heritage
tree(s). Prior to adoption of such a resolution, not
less than ten days' written notice shall be delivered
to the owner. If the owner of the property protests
the designation an appeal can be initiated. (Ord.
1715 (part), 1996; Ord. 1630 (part), 1993; Ord.
1543 § 4.2, 1991)
14.18.050 Heritage tree list.
A heritage tree list shall be created and amended
by resolution. The list shall include the reason for
designation, tree circumference, species name, com-
mon name, location and heritage tree number. (Ord.
1543 § 4.3, 1991)
14.18.060 Plan of protection.
A. The Planning Commission shall consider a
plan of protection developed by the Community
Development Department or aCity-retained certified
azborist. The protection plan shall include informa-
tion for correct pruning, maintenance and fertiliza-
tion methods.
B. It shall be the property owner(s) responsibili-
ty to protect the tree. The plan shall be provided for
his/her use at his/her discretion in order to obtain
the retention objection.
C. Privacy protection planting in R1 zoning
districts shall be maintained. Landscape planting
maintenance includes irrigation, fertilization and
pruning as necessary to yield a growth rate expected
for a particular species. Where privacy protection
planting dies it must be replaced within thirty days
with the location, size and species described in
Ordinance No. 1799 (privacy protection) and its
appendix. The affected property owner, with privacy
protection planting on their own lot, is not required
to maintain the required planting. (Ord. 1810 (part),
1999; Ord. 1630 (part), 1993; 1543 §§ 4.4, 4.5,
1991)
14.18.070 Recordation.
Heritage and specimen trees required to be re-
tained under Section 14.81.020 I2, except for trees
on public property, shall have retention information
placed on the property deed via a conservation
easement in favor of the City, private covenant, or
other method as deemed appropriate by the Director.
The recordation shall be completed by the property
owner at the time of use permit, zoning, tentative
map or initial/new building permit issuance. (Ord.
1573 § 4.6, 1991: Ord. 1543 § 4.6, 1991)
(Cupertino 6-99) 378-2
14.18.080
14.18.080 Identification tag.
Heritage trees shall have on them an identifica-
tion tag, purchased and placed by the City, inscribed
with the following information:
CITY OF CUPERTINO
HERITAGE TREE NO. _
Please do not prune or cut
before contacting the City.
(Ord. 1543 § 4.7, 1991)
378-2a (Cupertino 6-99)
14.18.200
tion activity is minor in nature and whether the
activity will significantly modify the ground area
around the tree drip line. (Ord. 1543 § 10.2, 1991)
14.18.210 Applicant to guarantee protection.
The applicant shall guarantee the protection of the
existing tree(s) on the site through a financial instru-
ment acceptable to the Director of Planning and
Development. (Ord. 1543 § 10.3, 1991)
14.18.220 Notice of action on
permit-Appeal.
A. Notice of the decision on an application for
a specimen tree removal permit by the Director of
Community Development or his designated repre-
sentative, shall be mailed to the applicant.
B. Any decision made by the Director of Plan-
ning and Development may be appealed to the City
Council. Such decision may be appealed to the City
Council by filing a written notice of appeal with the
City Clerk within ten working days after the mailing
of such notice.
C. The City Clerk shall notify the applicant of
the date, time and place for hearing the appeal. The
City Council may affirm, reverse, or modify the
decision of the Director of Community Develop-
ment, and its decision shall be final. (Ord. 1573 §
11.1, 1991: Ord. 1543 § 11.1, 1991)
14.18.230 Penalty.
Violation of this chapter isdeemed a misdemean-
or unless otherwise specified. Any person or proper-
ty owners, or his agent or representative who engag-
es in tree cutting or removal without a valid tree
removal permit is guilty of a misdemeanor as out-
lined in Chapter 1.12 of this code and/or may be
required to comply with Sections 14.18.150-
14.18.170. Notwithstanding any other provisions of
this section, the unauthorized removal of a tree
planted solely for privacy protection purposes pursu-
ant to Section 14.18.060 C shall constitute an infrac-
tion. (Ord. 1810 (part), 1999: Ord. 1731 (part),
1996; Ord. 1543 § 12.1, 1991)
37,3-5 (cupertino ~-~~
APPENDIX A
Chapter 14.18
APPENDIX A
STANDARDS FOR THE PROTECTION
OF TREES DURING GRADING
AND CONSTRUCTION OPERATIONS
The purpose of this appendix is to outline standazds pertaining to the protection of trees described in
Section 14.18.200 of Chapter 14.18. The standazds aze broad. A licensed landscape architect or International
Society of Arboriculture certified azborist shall be retained to certify the applicability of the standazds and
develop additional standards as necessary to ensure the property caze, maintenance, and survival of trees
designated for protection.
Standards
1. A plot plan shall be prepazed describing the relationship of proposed grading and utility trenching to
the trees designated for preservation. Construction and grading should not significantly raise or lower
the ground level beneath tree drip lines. If the ground level is proposed for modification beneath the
drip line, the azchitecdazborist shall address and mitigate the impact to the tree(s).
2. All trees to be preserved on the property and all trees adjacent to the property shall be protected against
damage during construction operations by constructing afour-foot-high fence around the drip line, and
armor as needed. The extent of fencing and armoring shall be determined by the landscape architect.
The tree protection shall be placed before any excavation or grading is begun and shall be maintained
in repair for the duration of the construction work.
3. No construction operations shall be carried on within the drip line area of any tree designated to be
saved except as is authorized by the Director of Planning and Development.
4. If trenching is required to penetrate the protection barrier for the tree, the section of trench in the drip
line shall be hand dug so as to preclude the cutting of roots. Prior to initiating any trenching within
the barrier approval by staff with consultation of an azborist shall be completed.
5. Trees which require any degree of fill azound the natural grade shall be guazded by recognized
standards of tree protection and design of tree wells.
6. The azea under the drip line of the-tree shall be kept clean. No construction materials nor chemical
solvents shall be stored or dumped under a tree.
7. Fires for any reason shall not be made within fifty feet of any tree selected to remain and shall be
limited in size and kept under constant surveillance.
8. The general contractor shall use a tree service licensee, as defined by California Business and
Professional Code, to prune and cut off the branches that must be removed during the grading or
construction. No branches or roots shall be cut unless at first reviewed by the landscape azchi-
tect/azborist with approval of staff.
9. Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree
surgeon.
(cnpertino 699) 378-f)
19.56.030
L. Specialty food stores which cumulatively
comprise less than fifty percent of the retail space
of a single building or shopping center;
M. Pet shop and pet services facilities (buildings)
which are located in a sound-proof structure and aze
in compliance with Santa Clara County Health De-
partment regulations;
N. Child day Gaze facilities located within an
established business serving that business only and
which do not generate additional traffic from that
produced by the business itself;
O. Vocational and specialized schools, dance and
music studios, gymnasiums and health clubs which
cumulatively comprise less than fifty percent of the
space in a shopping center, provide adequate pazk-
ing as determined by Chapter 19.100 and meet noise
requirements as determined by Chapter 10.48;
P. Other uses which, in the opinion of the Direc-
tor of Community Development, aze similar to the
above permitted uses, and which do not create sig-
nificant adverse impacts to the surrounding azea due
to odor, dust, smoke, glare, fumes, radiation, vibra-
tions, noise, traffic or litter. (Ord. 1815 (part), 1999;
Ord. 1687 Exh. A (part), 1995)
19.56.040 Conditional uses.
The following uses may be conditionally allowed
in the CG zoning district, subject to issuance of a
conditional use permit:
A. Issued by the Director of Community Devel-
opment:
1. Specialty food stores which cumulatively
occupy more than fifty percent of the building floor
space in a single building or shopping center;
2. Vocational and specialized schools, dance and
music studios, gymnasiums and health clubs which
cumulatively comprise more than fifty percent of the
space in a shopping center, provide adequate pazk-
ing as determined by Chapter 19.100 and meet noise
requirements as determined by Chapter 10.48;
3. RetaiUservice kiosks located in an unenclosed
space visible from public streets or other publicly
owned space, where adequate pazking is provided
as determined by Chapter 19.100, which do not
result in traffic or circulation impacts, have attrac-
five designs and landscaping, and aze compatible
with the surrounding architecture.
B. Issued by the Planning Commission:
1. Automobile repair shops and fire repair
shops;
2. Commercial parking and parking gazages;
3. Convenience mazkets;
4. Hotels, motels, and boazdinghouses;
5. Liquor stores;
6. Drinking establishments;
7. Full-service restaurants with separate baz
facilities; fast-food restaurants, and any entertain-
ment facilities (e.g., dancing, live music) in associa-
tion with full-service or fast-food restaurant;
8. Commercial entertainment establishments,
such as indoor theaters, bowling alleys, billiazd and
pool pazlors, dance halls, skating rinks, and azcades;
9. Private clubs, lodges and fraternal organiza-
tions, as principle uses buildings; fraternity and
sorority houses;
10. Child care centers, day nurseries, and play-
grounds;
11. Pet shops and facilities for bathing, clipping,
trimming and similar services for pets, when not
located in a soundproof space;
12. Mortuaries;
13. Theaters;
14. Automobile service stations, automobile
washing facilities;
15. Automobile, trailer, fire and boat sales and
rental, limited to new and used vehicles in operable
condition;
16. Any commercial establishments with drive-
through facilities;
17. Late evening activities which occur between
eleven p.m. through seven a.m.
18. Business activities which display merchandise
or provide services in an unenclosed space visible
from a public street or adjoining residential proper-
ty, except activities which display merchandise as
provided by Section 19.56.070(1)(d).
19. Business activities, which incorporate con-
tracting services for which a contracting license
issued by the State of California, aze required.
588--36a (cnpermno 6-~>
19.56.040
20. Other commercial uses which are neither
permitted uses nor excluded uses and which aze, in
the opinion of the Planning Commission, consistent
with the character of a general commercial (CG)
zone of the same general character listed in this
section, and which do not create significant adverse
impacts to the surrounding area due to odor, dust,
fumes, glaze, radiation, vibration, noise, traffic or
litter. (Ord. 1815 (part), 1999: Ord. 1784 (part),
1998; Ord. 1687 Exh. A (part), 1995)
1956.050 Excluded uses.
The following uses shall not be pemutted in
general commercial (CG) zones:
A. Businesses where the primary activity is
related to the on-site manufacturing, assembly or
storage of building components intended for use by
general contractors or wholesalers;
B. Wholesale lumberyazds, warehouses, storage
gazages, nurseries, greenhouses and other wholesale
businesses, except computer hazdwaze and software
and communications businesses for which the city
may generate sales tax revenue where the primary
activity is to conduct sales and services to other
businesses rather than to direct retail customers;
C. Other uses which, in the opinion of the Plan-
ning Commission, aze objectionable by reason of
odor, dust, smoke, glare, fumes, radiation, vibration,
noise, traffic or litter shall be excluded. (Ord. 1687
Exh. A (part), 1995)
1956.060 Conditional use permit for new
development.
A. Prior to the erection of a new building or
structure in a CG zoning district, or prior to the
enlazgement or modification of an existing building,
structure, or site (including landscaping and lighting)
in a CG zoning district, the applicant for a building
permit must obtain a use permit from the Planning
Commission unless the building squaze footage is
five thousand squaze feet or greater, in which case
the conditional use permit may only be issued by
the City Council upon recommendation of the Plan-
ning Commission.
B. Minor architectural modifications including
changes in materials and colors shall be reviewed by
the Director of Community Development as speci-
fied in Chapter 19.132 of this code. If an application
is diverted to the Planning Commission, the applica-
tion shall be agendized for a Planning Commission
meeting as an architectural and site application.
(Ord. 1784 (part), 1998; Ord. 1687 Exh. A (part),
1995)
19.56.070 Land use activity and site
development regulations.
A. Land Use Criteria. Unless otherwise provided
by a conditional use permit, the following regula-
tions shall apply to all users governed by this chap-
ter.
1. The activity must be conducted entirely with-
in abuilding or enclosed patio or atrium except for:
a. Vehiculaz parking including the pazking of
business related vehicles that comply with the sign,
off-street pazking and noise regulations;
b. Outdoor seating for restaurants as long as the
number of seats do not exceed twenty percent of the
number of authorized indoor seats and is otherwise
compatible with Chapter 19.100 of this code;
c. Special promotional events undertaken by
permitted businesses;
d. The display of merchandise in front of stores
containing a minimum of twenty thousand square
feet of floor area. The merchandise must be dis-
played under a roof overhang or canopy and must
be displayed in an organized, neat and safe fashion;
e. Incidental activities directly related to the
permitted business. The incidental activity must
comply with noise standards, all other applicable
health and safety regulations and must use equip-
ment which, when not in use, is stored in an ap-
proved enclosed space.
2. The activity must comply with the City noise
standazds, including pick-up and delivery times.
Some activities are permitted when located in a
sound-proof space. Asound-proof space is an en-
closed azea which is designed to prevent internally
generated noise from being audible from a receptor
located outside of the structure. An acoustical engi-
(Cupertino 6-99) 588-36b
19.56.070
veer shall certify the design and operating conditions
of a sound-proof space.
3. The activity must involve direct retailing of
goods or services to the general public. The retailing
and servicing activity must comprise at least fifty
percent of the floor space, including enclosed patio
and atrium space, and must represent the primary
emphasis of the business. Window displays shall
reflect the retail emphasis.
4. Certain activities which require a hazazdous
material plan are permitted subject to permitting or
licensing by an authorized public agency chazged
with the responsibility to protect the public health
and welfaze regazding the involved hazardous mate-
rial. Examples: swimming pool and spa supply,
photo finishing, dental office.
5. The activity complies with applicable off-
street pazking standards including shazed parking
arrangements specified in the off-street pazking
ordinance.
B. Lot Area and Coverage. Except as may be
provided in the General Plan or applicable specific
plan, no minimum lot area or coverage is required;
provided, however, that any lot in a CG zoning
district shall have sufficient area to satisfy off-street
parking and loading requirements contained in this
title and shall otherwise comply with any setback
regulations of this chapter or the General Plan.
C. Height of Buildings and Structures. Except as
otherwise provided by the General Plan or applica-
ble specific plan, the maximum height of a build-
ing/structure in a CG zoning district is thirty feet.
D. Required Setbacks for Buildings and En-
closed Patio/Atrium Space.
1. Front yazd. Front-yazd setbacks for each site
or lot in CG zone may be established by the City
Council upon recommendation of the Planning
Commission based upon special policies contained
in the General Plan and/or applicable specific plan
and to insure sufficient space to provide adequate
light, air and visibility at intersections; to assure
general conformity to yard requirements of adjacent
or neazby zones, lots or parcels; and to promote
excellence of development.
2. Side and Rear Yazd. Unless regulated by a
specific plan, no side or reaz yard setback shall be
required in a CG zoning district, except where a lot
in a CG zone abuts any residential or agricultural-
residential zone in which case the following regula-
tions apply:
a. No part of any building in a CG zoning dis-
trict shall be closer to a lot in a residential or agri-
cultural-residential zone than the height of that
particular part of the building.
b. The side yazd adjacent to a lot in a residential
or agricultural-residential zone shall be a minimum
of twelve feet.
c. The side yazd adjacent to a street shall be a
minimum of twelve feet.
d. The reaz yard adjacent to a lot in a residential
or agricultural-residential zone shall be a minimum
of twenty feet or a distance equal to one and one-
half feet of horizontal setback distance for each foot
of height of a commercial building measured from
its eave line or top of pazapet. The greater distance
shall prevail.
E. Noise Standazds.
1. New Construction. The construction of new
buildings on property adjoining a residential district
which is not included in a joint development plan
shall install the noise attenuation devices described
in paragraphs a through d of this subdivision. The
construction of retail structures in a mixed use resi-
dential development shall employ noise attenuation
techniques recommended by an acoustical engineer
to comply with the community noise ordinance.
588-37 (Cupertino 6-99)
19.76.070
in an OA zoning district, the applicant for a building
permit must obtain a use permit from the Planning
Commission unless the building square footage is
five thousand square feet or greater, in which case
the conditional use permit may only be issued by
the City Council upon recommendation of the Plan-
ning Commission. (Ord. 1784 (part), 1998; Ord.
1637 (part), 1993)
588-SOa ~caperanu ~-~>
19.80.010
Chapter 19.80
ACCESSORY BUILDINGS/STRUCTURES
Sections:
19.80.010 Applicability of regulations.
19.80.020 Accessory uses and facilities.
19.80.030 Site development regulations.
19.80.040 Second story deck exception.
19.80.010 Applicability of regulations.
The regulations established by this chapter shall
be applicable in each district established by this
title. (Ord. 1601 Exh. A (part), 1992)
19.80.020 Accessory uses and facilities.
A. Accessory uses and facilities shall be permit-
ted in any district where incidental to and associated
with a permitted use and authorized conditional use
therein, subject to the provisions of the section.
B. Accessory uses and facilities:
1. Shall be subordinate to the primary activity
of the principal use or principal facility, respective-
ly;
2. Shall contribute to the comfort, convenience,
efficiency or necessity of the occupants, or the ac-
tivities of a principal use, or the function of a prin-
cipal structure;
3. Shall be located on the same site as the prin-
cipal use or structure served.
C. Accessory uses and facilities include, but are
not limited to, the following list of examples, pro-
vided that each accessory use or facility shall com-
ply with all provisions of this title:
1. Residential gazages, and parking facilities,
together with access and circulation elements neces-
sary thereto;
2. Customer, visitor and employee pazking facil-
ities, and off-street loading facilities, together with
access and related elements necessary thereto;
3. Facilities for storage incidental to a principal
use;
4. Recreational uses and facilities for the use
and convenience of occupants or employees, or
guests thereof, of a principal use or facility;
5. Newsstands, gift shops, drugstores, and eating
and drinking facilities, or similar services intended
solely for the convenience of occupants or employ-
ees, or guests thereof, of a principal use or facility;
6. Building management offices, when located
within the principal facility and limited to the man-
agement thereof;
7. Refreshment and service facilities in parks,
playgrounds, and in permitted public or private
recreation facilities or schools;
8. The operation of service facilities and equip-
ment in connection with schools, hospitals and
similar institutions or uses, when located on the site
of the principal use.
D. No use or facility permitted as an accessory
use or facility pursuant to this chapter shall be con-
strued to be permitted as a principal use or facility
unless specifically authorized as permitted or condi-
tional use in the district in which it shall be located.
Operation, occupancy and continuance of allowable
accessory uses and facilities shall be conditioned
upon continued occupancy or use of the principal
use or facility being served. (Ord. 1601 Exh. A
(part), 1992)
19.80.030 Site development regulations.
A. General Regulations. Except as otherwise
provided in this section, accessory buildings shall at
all times be located in conformance with require-
ments for principal buildings, and shall not be locat-
ed in any required front, sides, or rear yazd setback
area.
B. Residential and Agricultural Zones. In resi-
dential and agricultural zoning districts, accessory
buildings and structures may be located in a re-
quired interior yard, subject to the following restric-
tions:
1. With respect to accessory buildings and struc-
tures (including decks and patios) which aze at-
tached to principal dwellings, all site development
regulations, including setbacks, height and lot cover-
age regulations applicable to principal dwellings in
the applicable zone also govern attached accessory
buildings/structures except as otherwise specified
below:
(C~penino 6-99) 588-SOb
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 reaz property line,
e. Attached recreational structures which have
a floor or step height greater than eighteen inches
above any point of the adjoining finished grade,
must have a minimum setback of ten feet from any
property line,
f. In agricultural zoning districts attached acces-
sory buildings/structures which are used solely for
agricultural uses are not restricted as to height,
provided that such buildings/structures aze of a
design and height usual for that purpose,
g. First-floor decks and patios, other than de-
scribed in subsection Ble of this section, may en-
croach to within three feet of a property line,
h. First-floor decks and patios may encroach
three feet into front-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 aze
required to obtain an exception to this chapter in
order to address privacy protection to adjoining
properties except decks facing nonresidential zoning
districts and aright-of--way,
k. The minimum side-yard setbacks for second-
story decks and patios aze:
i. Fifteen feet in residential zones,
ii. Twenty feet in agricultural zones,
1. The minimum rear-yard setbacks for second-
story decks and patios aze:
i. Twenty feet in residential zones,
ii. Twenty-five feet in agricultural zones;
2. With respect to detached accessory build-
ings/structures (including an R2 zoning district):
a. The maximum lot coverage is thirty percent
of the useable reaz Yazd azea;
b. The minimum distance from a principal
dwelling is five feet (measured between the eaves);
c. Small, portable storage buildings less than six
feet in height, which 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 reaz or side property lines. The height
encompasses the entire wall plane neazest the prop-
erty line, including the roof, eaves, and any portion
of the foundation visible above the adjoining fin-
ished grade. The wall plane height may be increased
by one foot for each additional one and one-half feet
of setback (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 aze 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 appazatus, 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
corner property line, or if not on a corner, the im-
58E~-51 ~cw~,voo ~-~>
19.80.030
mediately adjacent property owner agrees to the
location prior to construction,
h. The minimum front-yazd 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 in order to protect the privacy of adjoin-
ing properties. The goal of the exception require-
ment 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 Planning Commission
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 X99) 588-52
19.84.010
Chapter 19.84
SECOND DWELLING iJNITS IN R-1, RHS,
A, AND A-1 ZONES
Sections:
19.84.010 Purpose.
19.84.020 Applicability of regulations.
19.84.030 Site development regulations.
19.84.040 Parking.
19.84.050 Occupancy.
19.84.060 Architectural review.
19.84.070 Nonconforming and illegal
second dwelling units.
19.84.010 Purpose.
The purpose of this chapter is to promote the goal
of affordable housing within the City through pro-
vision of additional housing in certain residential
and agricultural zoning districts which would other-
wise beprohibited in those districts, in a manner
which minimizes adverse impacts to neighborhoods.
(Ord. 1601 Exh. A (part), 1992)
19.84.020 Applicability of regulations.
Notwithstanding any provision of this title to the
contrary, a second dwelling unit is permitted on lots
in R-1, RHS, A and A-1 zoning districts, provided
that in addition to complying with the site develop-
ment regulations specified in those districts for
dwelling units, such second dwelling unit complies
with the regulations contained in this chapter. (Ord.
1601 Exh. A (part), 1992)
C. All accesses to secondary units shall be
screened from a public street.
D. The gross building azea of a second dwelling
unit shall not exceed six hundred forty squaze feet
of living space, exclusive of decks and garages.
E. Lot coverage of all structures, including sec-
ond units, shall not exceed forty percent of the net
lot azea, except that in RHS zones lot coverage of
all structures shall not exceed thirty percent of the
net lot azea.
F. A second dwelling unit may be located on a
second story, provided that:
1. Entry to the second dwelling unit is not pro-
vided by an exterior staircase; and
2. In the opinion of the Director of Community
Development, the second unit does not result in
privacy intrusion to adjoining dwellings; and
3. It is attached to the primary residence. (Ord.
1811 (part), 1999; Ord. 1601 Exh. A (part), 1992)
19.84.040 Parking.
In addition to the pazking requirements in the
applicable zoning district for a particulaz lot, one
functionally independent, paved, off-street pazking
space (uncovered) shall be provided for the second
unit; provided, however, that the additional space
shall not, in the opinion of the Director of Commu-
nity Development, dominate the front setback azeas
of the lot in such a manner as to denigrate those
areas preserved as landscape space. Impervious
surfaces may not exceed fifty percent of the front
setback azea (See Section 11.29.040 Ale). (Ord.
1601 Exh. A (part), 1992)
19.84.030 Site development regulations.
A. A second dwelling unit located on a lot con-
taining less than ten thousand squaze feet must be
attached to the principal dwelling and integrated
therewith except on A and A-1 zoning districts
which can have the second dwelling unit either
attached or detached regazdless of lot size.
B. All second dwelling units shall have direct
outside access without going through the principal
dwelling.
19.84.050 Occupancy.
The owner of a lot which contains a second
dwelling unit must reside either in the principal resi-
dence or in the second dwelling. Prior to the issu-
ance of a building permit for a second dwelling or
the issuance of any occupancy or use permit for an
existing second dwelling, the owner shall record a
covenant or deed restriction in a form approved by
the City Attorney setting forth the above-described
occupancy requirement. In addition, the owner of
the lot shall execute on an annual basis, an affidavit
588-53 (Chpertino 6-99)
19.84.050
or declaration under penalty of perjury that the
owner is residing on the premises. (Ord. 1601 Exh.
A (part), 1992)
19.84.060 Architectural review.
Prior to issuance of a building permit fora sec-
ond dwelling unit, the Director of Community
Development shall review the azchitecture of the
proposed dwelling and shall determine:
A. That the design of the proposed second
dwelling unit is consistent with the azchitecture of
the principal dwelling;
B. That the building materials of the proposed
second unit aze compatible with the materials, color
and textures of the principal dwelling;
C. That the proposed second dwelling unit will
not require excessive grading which is visible from
a public street or adjoining private property. (Ord.
1601 Exh. A (part), 1992)
19.84.070 Nonconforming and illegal second
dwelling units.
A. A second dwelling which was constructed
prior to the enactment by the City of any ordinance
which regulates second dwellings in R-1, RHS, A
or A-1 zoning districts but which was constructed
in conformance with applicable site development
and building code regulations in effect at the time
of construction is governed by the provisions of
Chapter 19.108, Nonconforming Uses and Facilities.
B. Illegal Second Units. A second dwelling
which was constructed without a building permit or
in conflict with the applicable site development or
building regulations at the time of construction may
only be permitted upon the owner of such a unit
obtaining a conditional use permit issued by the
Director of Community Development. (Ord. 1601
Exh. A (part), 1992)
(Cupertino 6-99) 588-54
19.124.010
Chapter 19.124
CONDITIONAL USE PERMITS
AND VARIANCES
Sections:
19.124.010 Authority of the Director of
Community Development.
19.124.020 Application for conditional use
permit or variance.
19.124.030 Action by the Director.
19.124.040 Notice of public hearing.
19.124.050 Decision after hearing.
19.124.060 Action by the City Council.
19.124.070 Conditional use permit-
Findings and conditions.
19.124.080 Variance-Findings and
conditions.
19.124.090 Effective date.
19.124.100 Expiration, extension and
revocation.
19.124.110 Expansion of conditional uses.
19.124.120 Reports.
19.124.130 Concurrent applications.
19.124.010 Authority of the Director of
Community Development.
Subject to the provisions of this chapter and
general purpose and intent of this title, the Director
of Community Development may grant the follow-
ing:
A. A conditional use permit which is authorized
to be issued by the Director pursuant to any provi-
sion of this title. All other conditional use permits
shall be issued by either the Planning Commission
or the City Council, as provided by this title;
B. A variance from the site development regula-
tions and pazking and loading regulations (except
those handicapped pazking regulations mandated by
State law) applicable within any district established
by this title;
C. A variance from the special conditions that
apply to site development and parking and loading
regulations (including conditions attached to planned
developments) applicable within any district estab-
lished by this title. (Ord. 1601 Exh. A (part), 1992)
19.124.020 Application for conditional use
permit or variance.
A. An application for a conditional use permit
or variance may be made by the owner of record,
or his agent, of property for which the conditional
use permit or variance is sought.
B. Application shall be made to the Director, on
a form provided by the City, and shall contain the
following:
1. A description and map showing the location
of the property for which the permit or variance is
sought;
2. If the application is for a conditional use
permit, plans and/or descriptions of existing and
proposed uses of the property, and describing in
detail the nature of the use proposal to be conducted
on the property;
3. If the application is for a variance, plans
and/or descriptions of existing and proposed con-
struction on the property involved, together with a
statement of the circumstances which justify the
various applications;
4. Such additional information as the Director
may deem pertinent and essential to the application.
C. Application for conditional use permit or
variance shall be accompanied by the fee prescribed
by City Council resolution, no part of which shall
be returnable to the applicant. (Ord. 1601 Exh. A
(part), 1992)
19.124.030 Action by the Director.
Unless otherwise provided by Section 19.04.090
regarding combined applications, the following
actions shall be taken by the Director to process an
application for a variance or conditional use permit:
Upon receipt of a complete application for a
conditional use permit or variance, the Director
shall, within thirty days from the date the applica-
tion is deemed by him to be complete, set a date for
a public hearing upon the matter either before or at
a regular or special meeting of the Planning Com-
mission, as the case may be, unless the application
588-91 (Cupertino 6-99>
19.124.030
is diverted for administrative approval, pursuant to
Section 19.132.030. The public hearing shall com-
mence within sixty days of the date it is set. (Ord.
1656 § 3, 1994: Ord. 1637 (part), 1993; Ord. 1601
Exh. A (part), 1992)
19.124.040 Notice of public hearing.
Notice of any public hearing under this chapter
shall be given in the same manner as provided in
Chapter 19.120 of this title. (Ord. 1637 (part), 1993;
Ord. 1601 Exh. A (part), 1992)
19.124.050 Decision after hearing.
A. At the time and place set for hearing, the
Director, Planning Commission or City Council, as
the case may be, shall hear evidence for or against
such application. Within a reasonable time after the
conclusion of the hearing, the Director or Commis-
sion shall make fmdings and shall render a decision
on the application which is supported by the evi-
dence contained in the application or presented at
the hearing.
B. In the event that the decision by the Director,
or the Commission, is a fmal one, then such
decision is subject to the appeal procedures con-
tained in Chapter 19.136. In the event that a Plan-
ning Commission decision is advisory to the City
Council its recommendations together with the find-
ings, shall be forwarded to the City Council within
fifteen days thereof. (Ord. 1637 (part), 1993; Ord.
1601 Exh. A (part), 1992)
19.124.060 Action by the City Council.
Upon receipt of a recommendation of the Plan-
ning Commission pursuant to Section 19.124.050,
the City Council may approve, modify, or disap-
prove the recommendation of the Planning Com-
mission. (Ord. 1601 Exh. A (part), 1992)
19.124.070 Conditional use permit-Findings
and conditions.
A. The decisionmaker may grant a conditional
use permit only if all of the following findings aze
made:
1. The proposed use, at the proposed location,
will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detri-
mental to the public health, safety, general welfaze,
or convenience;
2. The proposed use will be located and
conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this
title.
B. The decisionmaker may impose with reason-
ableconditions or restrictions as he deems necessary
to secure the purpose of this title and to assure
operation of the use in a manner compatible with
existing and potential uses on adjoining properties
and in the general vicinity.
C. Use permits are approved for atwo-year peri-
od or a longer period of time to be determined by
the decision-making body. (Ord. 1637 (part), 1993;
Ord. 1601 Exh. A (part), 1992)
19.124.080 Variance-Findings and
conditions.
A. The Director may grant a variance from the
site development regulations, the parking and load-
ing regulations or the special requirements of this
title applicable within any district, if he finds:
1. There aze exceptional or extraordinary cir-
cumstances or conditions applicable to the property
involved that do not apply generally to property in
the same district;
2. The granting of the application is necessary,
for the preservation and enjoyment of a substantial
property right of the applicant, and to prevent unrea-
sonable property loss or unnecessary hazdship;
3. The granting of the application will not be
detrimental or injurious to property or improvements
in the vicinity and will not be detrimental to the
public health, safety, and general welfare, or conve-
nience, and to secure the purpose of the title. (Ord.
1601 Exh. A (part), 1992)
19.124.090 Effective date.
A conditional use permit or variance shall take
effect ten working days following the mailing of the
notice of decision, unless an appeal is filed as pro-
vided in Chapter 19.132. (Ord. 1601 Exh. A (part),
1992)
ccti~rono ~-v~~ 588-92
19.124.100
19.124.100 Expiration, extension and
revocation.
A. Expiration.
1. A conditional use permit or variance which
has not been used within two years following its
issuance, shall become null and void and of no
effect, unless a shorter or longer time period is
specifically prescribed in the conditions of such
permit or variance. A permit or variance shall be
deemed to be "used" when actual substantial and
continuous activity has taken place upon the land
subject to the permit or variance or, in the event of
the erection of a structure or structures, when suffi-
cientbuilding activity has occurred and continues to
occur in a diligent manner.
2. Notwithstanding subsection 1 of this section,
if the use for which a conditional use permit was
granted and utilized has ceased or has been suspend-
ed for one yeaz or more, said permit becomes null
and void.
3. Unless a variance has expired pursuant to
subsection 1 of this section, it shall continue to exist
for the life of the existing structure or such structure
as may be constructed pursuant to the variance
approval unless a different time period is specified
in its issuance. A variance from the parking and
loading regulations shall be valid only during the
period of continuous operations of the use and/or
structure for which the variance was issued.
B. Extensions. The decisionmaker granting the
original conditional use permit or variance may,
without public hearing, extend the time for the use
of such permit or variance for a maximum of one
year only, upon application filed by the applicant
with the Director prior to expiration. Upon timely
filing of an extension request with the Director, the
time for which a permit or variance must be used
shall be automatically extended until the request is
heazd by the decisionmaker.
C. Revocation. In any case where, in the judg-
ment of the Director, substantial evidence indicates
that the conditions of a conditional use permit or
variance have not been implemented, or where the
permit or variance is being conducted in a manner
detrimental to the public health, safety, and welfaze,
the Director shall set a date for a public hearing
before the decisions maker granting the original
permit or variance, and notice a public hearing in
accordance with Section 19.124.040 of this code.
Following such hearing, the decisionmaker shall
make findings as to whether the conditions of the
permit or variance have, or have not, been imple-
mented and/or whether the use has been conducted
in a manner detrimental to the public health, safety
and welfaze, and shall render a decision of whether
or not to revoke or modify the permit or variance.
In determining whether a use is conducted in a
manner detrimental to the public health, safety, and
welfare, the decisionmaker shall consider, but not be
limited to, the following:
1. Increased traffic beyond what was reasonably
contemplated at the time of issuance;
2. Insufficient parking;
3. Increased hours of operation beyond what
was reasonably contemplated at the time of issu-
ance;
4. Increased noise level beyond what was rea-
sonably contemplated upon issuance;
5. Increased capacity beyond what was reason-
ably contemplated at the time of issuance;
6. Increased criminal activity at or near the
subject property resulting from the use.
D. Appeals. All decision related to extension or
revocation of permits and variances are subject to
the appeal procedures contained in Chapter 19.136.
(Ord. 1812 § 1, 1999: Ord. 1637 (part), 1993; Ord.
1618 (part), 1993; Ord. 1601 Exh. A (part), 1992)
19.124.110 Expansion of conditional uses.
A. Any significant expansion in building size on
site azea of a conditional use shall necessitate the
issuance of a new conditional use permit for the
expansion in accord with the provisions of this
chapter.
B. No applications for a conditional use permit
shall be necessary for existing uses which were
lawful conforming permitted uses and which were
rendered conditional by reason of rezoning or
change to this title, provided that any expansion in
the building site or site azea of such use shall be
583-93 (C~pertino 6-~>
19.124.110
subject to the issuance of a conditional use permit
in accord with this chapter. (Ord. 1601 Exh. A
(part), 1992)
19.124.120 Reports.
The Director of Community Development shall
make written reports to the City Council and
Planning Commission of the action he/she has taken
on each application for conditional use permits and
variances. A written report describing Planning
Commission decisions shall be forwarded to the City
Council within five calendar days from the date of
the decision. (Ord. 1601 Exh. A (part), 1992)
19.124.130 Concurrent applications.
Notwithstanding any provision in this title to the
contrary, any application for a conditional use per-
mit or variance which would normally be issued by
the Director of Community Development or the
Planning Commission may, at the discretion of the
Duector, be processed concurrently with applica-
tions for General Plan amendments, zoning changes,
subdivision maps or other approvals which require
City Council approval. (Ord. 1601 Exh. A (part),
1992)
(C~pertino 6-99) 588-94
ORDINANCE LIST
1733 Mobile vendor permits (5.48)
1734 Rezone (Special)
1735 Rezone (Special)
1736 Amends Ch. 19.108 entirely, wireless
communications facilities (19.108)
1737 Amends Ch. 19.100 entirely, pazking
regulations (19.100)
1738 Rezone (Special)
1739 Amends § 11.08.260, bicycles (11.08)
1740 Amends § 11.08.250, bicycles (11.08)
1741 Amends § 11.24.150, parking (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, parking (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-
feed)
1765 Amends § 11.20.020, stop signs (11.20)
1766 Amends § 11.08.250, bicycle lanes
(11.08)
1767 Adds §§ 11.08.014, 11.08.015 and
11.08.270; renumbers § 11.08.270 to be
11.08.280, roller skates and skateboards
(11.08)
1768 Rezone (Special)
1769 Amends Stevens Creek Boulevazd spe-
cific plan (Special)
1770 Prezone (Special)
1771 Prezone (Special)
1772 Rezone (Special)
1773 (Not available)
1774 Rezone (Special)
1775 Adds § 2.04.050, city council term
limits (2.04)
1776 Amends § 15.32.060; repeals and re-
places Ch. 15.04, waterworks system,
rates and charges; repeals and replaces
Ch. 15.20, sewage disposal systems;
repeals Chs. 15.08, 15.12 and 15.30
(15.04, 15.20, 15.32)
1777 Adds § § 16.08.185, 16.08.290,
16.08.300, 16.16.025, 16.20.110,
16.20.120, 16.28.065, 16.32.090,
16.36.055; amends §§ 16.08.020,
16.08.080, 16.08.200(A)(1), 16.08.250
(B), 16.12.010, 16.12.020, 16.12.040,
16.16.020, 16.16.070, 16.20.080,
16.24.020, 16.24.030, 16.24.060,
16.24.080,16.28.040(C),16.28.060(A),
16.32.080, 16.40.070, 16.40.930,
16.40.950(A); amends title of Ch.
16.12; repeals and replaces §§
16.20.100, 16.32.100; repeals §§
16.04.040, 16.04.150, 16.08.090,
16.08.140(B), 16.08.180(B), 16.08.190
(C), 16.08.250(B)(1 and 2), 16.08.280
(A-C), 16.20.030, 16.20.040,
16.20.090(A)(Part One), 16.24.040,
16.36.030(D), 16.36.070(D), 16.40.940,
16.40.950(D), 16.42.280; repeals Chs.
614•-11 (Cupertino 6-99)
TABLES
1778
1779
1780
1781
1782
1783
1784
1785
1786
1787
1788
1789
1790
1791
1792
1793
1794
1795
(Cupertino 6-99)
16.44, 16.48 and 16.60; repeals Ch.
16.44 Appx. A, Ch. 16.52 Article subti-
tles, Ch. 16.60 Tables A, B, C, D, E,
and F and Demand/Capacity Ratio
graph; buildings and construction regu-
lations (16.08, 16.12 16.16, 16.20,
16.24, 16.28, 16.32, 16.36, 16.40)
Adds Ch. 19.134, architectural and site
review process (19.134)
Adds § § 19.32.090 and 19.60.090,
architectural and site review (19.32,
19.60)
Designating permit parking on Rose
Blossom Drive from McClellan Road to
Lily Avenue (Not codified)
Amends § 11.24.160, pazking (11.24)
Prezone (Special)
Frezone (Special)
Amends §§ 19.08.030, 19.28.040,
19.28.060, 19.32.060, 19.40.110,
19.56.040, 19.56.060, 19.56.070,
19.64.050, 19.64.080, 19.76.070,
19.80.030, 19.88.030, 19.92.060 and
19.104.040; repeals Ch. 19.96; zoning
(19.08, 19.28, 19.32, 19.40, 19.56,
19.64, 19.76, 18.80, 19.88, 19.92,
19.104)
Prezone (Special)
Amends specific plan (Special)
Amends Ch. 2.32, planning commission
(2.32)
Amends Ch. 16.28, fences (16.28)
Amends Ch. 17.44, sign exceptions
(17.44)
Amends Ch. 19.132, zoning (19.132)
Amends Ch. 19.134, zoning (19.134)
Amends §§ 2.16.010-2.16.030, city
council (2.16)
Adds Ch. 9.22, property maintenance
(9.22)
Amends §§ 1.09.030(A) and
1.09.060(A) and (B), nuisance abate-
ment (1.09)
Rezone (Special)
1796 Amends §§ 17.32.010, 17.32.040,
17.32.090(E) and 17.32.100, temporary
signs-regulations; renumbers §
17.32.120 to be 17.24.270, sign regula-
tions; repeals § 17.32.110 (17.24,
17.32)
1797 Amends §§ 2.06.100(D) and 2.06.130,
city council~ampaign finance (2.06)
1798 Proposition for utility users excise tax
and annexation (Special)
1799 Amends § 19.28.060, zoning (19.28)
1800 Prezone (Special)
1801 Amends § 5.04.460, (5.04)
1802 Adds § 16.28.045; amends § 16.28.060,
(16.28)
1803 Rezone (Special)
1804 Rezone (Special)
1805 Rezone (Special)
1806 Amends § 11.24.150, parking (11.24)
1807 Amends § 2.08.096, city council (2.08)
1808 (Pending)
1809 (Pending)
1810 Amends §§ 14.18.020, 14.18.060 and
14.18.230, heritage and specimen trees
(14.18)
1811 Amends § 19.80.030, 19.80.040 and
19.84.030, zoning (19.80, 19.84)
1812 Amends § 19.124.100, zoning (19.124)
1813 Prezone (Special)
1814 Interim zoning regulations (Special)
1815 Amends §§ 19.56.030 and 19.56.040,
zoning (19.56)
614-12
COUNCII,, CITY
contribution limits
candidates 2.06.100
committees 2.06.110
reconsideration
motions 2.08.095
petitions 2.08.096
contributions
See also Specific Subject
acceptance, time limits 2.06.120
definitions 2.06.030
disclosure statements
audits, appeals, complaints 2.06.140
requirements generally 2.06.130
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 2.06.140
criminal proceedings 2.06.160
hearing procedure 2.06.150
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
regular 2.04.010
special 2.04.020
violation, penalty 2.08.140
Municipal employee relations officer
appointment 2.52.320
Nuisance abatement hearing 1.09.070
Officer, official body reports 2.08.110
Pazade, athletic event permit appeal heazing
10.44.140
Permit parking 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 heazing
determination 3.12.100
Vacancy filling 2.04.040
Water charge 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
6:?3 (C~pertino 6-99)
cvRFEw
cvRFEw
Definitions 10.68.010
Exceptions 10.68.030
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
Amendments
Article 336-4 16.16.060
Cables, nonmetallic-sheathed 16.16.060
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' RETIltEMENT 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
(Cupertino 6-99) 624
VEHICLE
-V-
VEHICLE
See also PARKING
TRAFFIC
Abandoned
abatement
authority 11.04.050
compliance time limit 11.04.091
cost recovery, generally 11.04.092
cost recovery, repeat violation 11.04.150
notice 11.04.060
definitions 11.04.011
disposition
final 11.04.140
notice 11.04.110
procedure 11.04.120
enforcement of provisions 11.04.040
hearing
procedure 11.04.090
when 11.04.070
nuisance 11.04.031
prohibitions
designated 11.04.019
exceptions 11.04.020
purpose of provisions 11.04.010
reconstruction 11.04.130
Animal transport in
See ANIMAL
Bicycle
See BICYCLE
Off-street
See OFF-STREET VEHICLES
Overweight, special permit
appeals 11.37.070
applicability 11.37.020
application
contents 11.37.030
fee 11.37.040
issuance 11.37.050
limitations, restrictions, imposition 11.37.060
purpose of provisions 11.37.010
Peddler, restrictions 5.20.120
Taxicab
See TAXICAB
VENDING MACHINE
Business license
See also BUSINESS LICENSE
fee 5.04.360
VENDORS, MOBII.E
Exemptions 5.48.060
Location restrictions 5.48.050, 5.48.070
Operating regulations 5.48.080
Permit
application, issuance 5.48.030
fees 5.48.040
required 5.48.020
revocation, suspension 5.48.090
Purpose of provisions 5.48.010
Violation, penalty 5.48.100
-W
WASTE
See GARBAGE
WATERCOURSE POLLUTION
PREVENTION
WATER
See also FRANCHISE
SEWER
WATERCOURSE POLLUTION
PREVENTION
Conservation
definitions 15.32.020
emergency shutoff 15.32.050
findings 15.32.010
prohibited acts 15.32.030
violation, penalty 15.32.060
Rates, charges
appeals 15.04.050
definitions 15.04.010
determination criteria 15.04.020
establishment procedure 15.04.030
6E.1 (Cupertino 6-99)
WATER
exceptions generally 15.04.040
imposition authority 15.04.020
modifications, establishment procedure
15.04.030
pass-throughs authorized when 15.04.040
WATERCOURSE POLLUTION PREVENTION
Definitions 9.18.020
Discharges
accidental discharge
notice, statement requirements 9.18.070
prevention, facilities, requirements 9.18.060
permitted, NPDES permit required 9.18.080
restrictions, prohibitions generally 9.18.040
storm drain
See also Specific Subject
connection required 9.18.030
violation
See also Violation
nuisance when 9.18.050
Nonpoint source pollution discharge 9.18.010
NPDES permit
See Discharges
Purpose of provisions 9.18.010
Storm drain
discharge regulations 9.18.030
Violation
See also Discharges
administrative penalties 9.18.130
civil penalties
illicit discharges 9.18.110
provisions, permit violation 9.18.100
misdemeanor 9.18.090
notice, contents 9.18.120
WEAPON
See FIREARM
WEEDS
See also PROPERTY MAINTENANCE
Abatement
assessment
collections as tax 9.08.100
hearing 9.08.090
notice, posting, mailing 9.08.080
responsibility 9.08.070
authority, procedure 9.08.060
hearing 9.08.050
notice
form designated 9.08.030
mailing 9.08.040
property damage, notice of improvements
9.08.110
Defined, prohibited 9.08.010
Nuisance, abatement required 9.08.020
-Z-
ZONING
A-1 zone
applicability of provisions 19.20.020
conditional uses 19.20.040
designated 19.12.010
interpretation of provisions 19.20.090
permitted uses 19.20.030
prohibited uses 19.20.050
purpose 19.20.010
site development regulations 19.20.060
solar designs 19.20.080
yard regulations 19.20.070
Accessory building, structure
applicability of provisions 19.80.010
generally 19.80.020
second story deck exception 19.80.040
Accessory facilities
A-1 zone 19.20.030
A zone 19.16.030
GC zone 19.56.030
OA zone 19.76.030
PR zone 19.68.030
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
Administrative and professional office zone
See OA zone
Administrative office
OA zone 19.76.030
Adoption of provisions 19.04.010
Adult oriented commercial activities
applicability of provisions 19.104.020
purpose 19.104.010
c~v~~ ~-~~ 662
ZONING
Coal sales Congregate residence
ML zone 19.60.030 A-1 zone 19.20.030, 19.20.040
Columbarium A zone 19.16.030, 19.16.040
A-1 zone 19.20.040 BQ zone 19.64.050
A zone 19.16.040 R-1 zone 19.28.030, 19.28.040
Communication structures R-2 zone 19.32.030, 19.32.040
A-1 zone 19.20.040 R-3 zone 19.36.030, 19.36.040
A zone 19.16.040 RHS zone 19.40.030, 19.40.040
Compliance with provisions required RIC zone 19.44.040, 19.44.050
19.04.030 Conversion, apartment to community housing
Conditional use permit, variance applicability of provisions 19.88.020
action 19.124.060 application
application procedures 19.88.060
concurrent 19.124.130 requirements 19.88.050
generally 19.124.020 parking 19.88.040
authority 19.124.010 purpose 19.88.010
reports 19.124.120 regulations generally 19.88.030
conditions, findings of fact 19.124.080 Crematory
decision 19.124.050 A-1 zone 19.20.040
effective date 19.124.090 A zone 19.16.040
expiration, extension 19.124.100 Crops
hearing, notice 19.124.040 A-1 zone 19.20.030
new development A zone 19.16.030
CG zone 19.56.060 RHS zone 19.40.040
OA zone 19.76.070 Dairy processing
reports 19.124.110 A-1 zone 19.20.040
revocation 19.124.100 A zone 19.16.030
Conditional uses Dancehall
A-1 zone 19.20.030 FP zone 19.72.040
A zone 19.16.040 Dance instruction
BQ zone 19.64.050 FP zone 19.72.040
CG zone 19.56.040 Day caze home, large family
expansion 19.124.110 A-1 zone 19.20.030, 19.20.040
FP zone 19.72.040 BQ zone 19.64.050
ML zone 19.60.040 R-1 zone 19.28.030, 19.28.040
OA zone 19.76.040 R-2 zone 19.32.030, 19.32.040
OS zone 19.24.040 R-3 zone 19.36.040
R-1 zone 19.28.040 RHS zone 19.40.030, 19.40.040
R-2 zone 19.32.040 RIC zone 19.44.050
R-3 zone 19.36.040 Day caze home, small family
RHS zone 19.40.040 A zone 19.16.030
RIC zone 19.44.050 R-1 zone 19.28.040
Conflict of provisions 19.04.040 R-2 zone 19.32.030
R-3 zone 19.36.030
665 (Cupertino 6-99)
ZONING
RHS zone 19.40.030 hearing, city council
RIC zone 19.44.040 approval 19.116.150
Deck, second story consistency of agreement with city plans
See Accessory building, structure required 19.116.160
Definitions generally 19.116.140
applicability, purpose of provisions hearing, planning commission
19.08.010 recommendation 19.116.130
construction of provisions 19.08.020 required 19.116.110
designated 19.08.030 review standard 19.116.120
Delivery service judicial review 19.116.360
ML zone 19.60.030 noncompliance 19.116.240
Density bonus notice
applicability of provisions 19.52.030 failure to receive notice 19.116.190
application 19.52.070 generally 19.116.170
concessions 19.52.040 purpose 19.116.020
definitions 19.52.020 review
purpose 19.52.010 generally 19.116.220
requirements reference 19.116.260
affordable housing units 19.52.060 rules 19.116.300
generally 19.52.050 separate procedure 19.116.310
Development agreement time, means 19.116.180
application Districts
fees 19.116.060 applicability of provisions 19.12.060
form, contents 19.116.050 designated 19.12.010
qualification required 19.116.070 reference 19.12.020
review 19.116.090 Dry cleaning
authority of provisions 19.116.030 ML zone 19.60.030
cancellation Duplicating service
city 19.116.280 ML zone 19.60.030
mutual consent 19.116.260 Entertainment establishment
rights 19.116.290 ML zone 19.60.040
certificate of compliance Entitlement applications, combining 19.04.090
appeal 19.116.250 Equestrian center
issuance 19.116.230 FP zone 19.72.040
construction of provisions 19.116.330 Expressway
contents 19.116.100 T zone 19.64.060
definitions 19.116.040 Farm worker residence
effect 19.116.320 A-1 zone 19.20.030
execution, recordation 19.116.340 A zone 19.16.030
findings of fact, intent of provisions Feed
19.116.010 sale
form 19.116.080 A zone 19.16.050
hearing ML zone 19.60.030
generally 19.116.200
irregularity in proceeding 19.116.210
(Cupertno 6-~) 666