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2007 S-13CUPERTINO, CALIFORNIA Instruction Sheet 2007 S-1?• Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 11: VEHI(:LES AND TRAFFIC 29 through 32 29 through 32 37 through 40 37 through 40 TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING 1, 2 19 through 22 33 through 38 1, 2 19 through 22 33 through 38H TITLE 1~-: ZONING 29, 30 APPENDIX: TABLES 29 through 30B Comprehensive Ordinance List 37, 38 INDEX 21, 22 33 through 36B 37, 38 21, 22 33 through 36B JBS 7/2007 CITY OF CUPERT'INO, CALIFORNIA MUNICIPAL CODE 2007 S-13 Supplement contains: Local legislation current through Ordinance 2006, passed 6-19-07 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 29 Stopping, Standing and Parking-Public Streets prohibition of parking at any of the places described in this section, either by erecting and maintaining signs giving notice, or by placing a curb marking consisting of red paint upon the top and face of each curb. (Ord. 843, § 9.1, 1977) 11.24.070 Parking Space Markings. The City Traffic Engineer is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted. When such parking space markings are placed in the highway, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked, other than within a single space, unless the size or shape of such vehicle makes compliance impossible. (Ord. 843, § 9.3, 1977) 11.24.080 Authority to Establish Loading Zones. The City Traffic Engineer is authorized to determine and to mark loading zones and passenger loading zones in commercially zoned areas and elsewhere, either in front of the entrance to any place of business, or in front of any hall or place used for the purpose of public assembly. (Ord. 843, § 9.4, 1977) 11.24.090 Loading Zones-Marking. Loading zones shall be indicated by a yellow paint line upon the top and face of all curbs within such zones. (Ord. 843, § 9.5, 1977) 11.24.100 Passenger Loading Zones. Passenger loading zones shall be indicated by a white line stenciled with black letters "PASSENGER LOADING ONLY" upon the top of all curbs within such zones. (Ord. 843, § 9.6, 1977) 11.24.110 Spaces Restricted to Handicapped Persons. The City Traffic Engineer is authorized to determine and to mark parking spaces on public streets for the exclusive use of vehicles which display a distinguishing license plate or placard issued by the California Department of Motor Vehicles to handicapped persons or to disabled veterans pursuant to Sections 22511.5 and 9105 of the California Vehicle Code. All parking spaces so designated shall be identified by blue 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 parkway. (Ord. 843, § 5, 1977) 11.24.060 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 Servicing or Repairing. A. No person shall park a vehicle upon any roadway or on any private property or private roadway without the express written permission of the owner of such property, for the principal purpose of 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 Chapter 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. 1999, 2007; Ord. 1394, §§ 1 (part), 2, 1986; Ord. 1380, §§ 1, 2, 3, 4, 1986; Ord. 843, § 8, 1977) 11.24.150 Parking Prohibited along Certain Streets. No person shall stop, stand, or park any vehicle as defined in the Vehicle Code of California on any day on any of the following streets or portions of streets within the City, as set out in Table 11.24.150. (Ord. 2006, 2007; Ord. 1990, 2006; Ord. 1968, 2005; Ord. 1859, 2000; Ord. 1857, (part), 2000; Ord. 1851, 2000; Ord. 1840, (part), 1999; Ord. 1836, 1999; Ord. 1806, 1999; Ord. 1743, 1996; Ord. 1741, 1996; Ord. 1729, 1996; Ord. 1727, 1996; Ord. 1724, (part), 1996; Ord. 1683, (part), 1995; Ord. 1605, 1992; Ord. 1589, 1992; Ord. 1578, 1992; Ord. 1577, 1992; Ord. 1564, 1991; Ord. 1562, 1991; Ord. 1553, 1991; Ord. 1547, (part), 1991; Ord. 1521, 1990; Ord. 1467, 1988; Ord. 1455, 1988; Ord. 1454, 1988; Ord. 1446, 1988; Ord. 1439, 1988; Ord. 1428, 1987; Ord. 1423, 1987; Ord. 1419, (part), 1987; Ord. 1409, (part), 1987; Ord. 1405, (part), 1987; Ord. 1397, 1987; Ord. 1395, 1986; Ord. 1390, (part), 1986; Ord. 1388, 1986; Ord. 1357, 1986; Ord. 1351, 1986; Ord. 1338, 1986; Ord. 1325, 1985; Ord. 1304, 1985; Ord. 1302, 1985; Ord. 1189, (part), 1984; Ord. 1285, 1984; Ord. 1276, (part), 1984; Ord. 1266, 1984; Ord. 1245, (part), 1983; Ord. 1221, 1983; Ord. 1218, 1983; Ord. 1203, (part), 1982; Ord. 1178, 1982; Ord. 1172, (part), 1982; Ord. 1170, 1982; Ord. 1156, 1982; 2007 S-13 11.24.150 Cupertino -Vehicles and Traffic 30 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 park 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, within the City of Cupertino between the respective hours set opposite the name of each street. (Ord. 1862, 2000; Ord. 1840, (part), 1999; Ord. 1781, 1998; Ord. 1718, (part), 1996; Ord. 1683, (part), 1995; Ord. 1645, 1994; Ord. 1633, 1993; Ord. 1547, (part), 1991; Ord. 1545, 1990; Ord. 1518, 1990; Ord. 1476, (part), 1988; Ord. 1427, 1987; Ord. 1422, 1987; Ord. 1392, 1986; Ord. 1390, (part), 1986; Ord. 1369, 1986; Ord. 1276, (part), 1984; Ord. 1265, 1984; Ord. 1264, 1984; Ord 1245, (part) 1983; Ord. 1203, (part), 1982; Ord. 1172, (part), 1982; Ord. 1152, (part) 1981; Ord 1151, (part), 1981; Ord. 1135, 1981; Ord. 1124 (part), 1981; Ord. 1118, (part), 1981; Ord. 1074, 1980; Ord. 1007, 1980; Ord. 999, (part), 1980; Ord. 971, (part), 1980; Ord. 873, § 3, 1973; Ord. 843, § 10.2, 1977) TABLE 11.24.150 Street Adriana Avenue Alhambra Avenue Anton Way Bandley Drive Bandley Drive Bianchi Way Blaney Avenue 2007 S-13 Sides of Portion Street North and Between Mann Drive and a point 100 feet east thereof South East Between University Way southerly to southern terminus (approximately 1,162 feet) Both Between Stevens Creek Boulevard and Alves Drive East and Between Lazaneo Drive and a point 940 feet northerly thereof West Both Between Lazaneo Drive and a point 400 feet north of Mariam Avenue West Between a point 30 feet south of Stevens Creek Boulevard and a point 166 feet south of Stevens Creek Boulevard Both Between Villa De Anza Boulevard and Homestead Road 31 Stopping, Standing and Parking-Public Streets 11.24.150 Street Sides of Portion Street Blaney Avenue Both Between Stevens Creek Boulevard and a point 450 feet north thereof Blaney Avenue East Between Bollinger Road and a point 155 feet north thereof Blaney Avenue East Between Steven Creek Boulevard and Price Avenue Blaney Avenue West Between Stevens Creek Boulevard and a point 600 feet north of Rodrigues Avenue Blaney Avenue West Between Bolling~:r 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 Between Homestead Road and a point ± 900 feet south, to Northurst Drive West Bollinger Road North Between a point 286 feet west of Miller Avenue and a point 150 feet east of Hyde Avenue Bollinger Road North Between a point 140 feet east of Farallone Drive and a point 450 feet west of Blaney Avenue Bollinger Road North Between De Anza Boulevard, west + 546 feet; no exceptions Bubb Road Both Between McClellan Road and Stevens Creek Boulevard Bubb Road East Between McClellan Road and a point 550 feet south thereof Christensen Drive South Between Ann Arbor Avenue and Stelling Road Cristo Rey Drive Both Between the easterly City limits and the northwesterly terminus De Anza Boulevard East Bollinger Road U) the northerly City limits De Anza Boulevard West Prospect Road to the northerly City limits Empire Avenue West Between University Way and Grand Avenue English Oak Way East Between Majestic; Oak Way and a point 400 feet north thereof Finch Avenue East Between Stevens Creek Boulevard and + 400 feet south of Sorensen Avenue Foothill Boulevard East Between a point 300 feet south of Sorenson Avenue and a point 250 feet south thereof Foothill Boulevard East Between Stevens Creek Boulevard and a point 320 feet north of Salem Avenue Foothill Boulevard East Between a point ~t90 feet north of Salem Avenue and Vista Knoll Boulevard Foothill Boulevard East Between Starling Drive and Freeway 280 Foothill Boulevard West Between Stevens Creek Boulevard and Vista Knoll Boulevard 11.24.150 Cupertino -Vehicles and Traffic 32 Street Foothill Boulevard Forest Avenue Franco Court Grand Avenue Grand Avenue Hillcrest Road Homestead Road Sides of Street Both North Both North North Both South Portion Between Stevens Creek Boulevard and McClellan Road -- trucks over 5 tons Between the centerline of (west) Vista Drive to (east) Vista Drive Between Homestead Road southerly to the southern terminus Between Peninsula Avenue and Santa Clara Avenue Between Santa Clara Avenue and Empire Avenue Between Crescent Road and the northerly terminus of Hillcrest Road 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 Between a point 200 feet west of Maine Drive and the east City limits, all portions currently or hereafter within the City limits Between a point 1,300 feet west of a point 550 feet east of De Anza Boulevard Between Carmen Road and the End Homestead Road South Homestead Road North Hoo Hoo Way Kim Street Lazaneo Drive Lazaneo Drive Lazaneo Drive Lubec Street Lucille Avenue Majestic Oak Way Mann Drive Mariam Avenue Mariam Avenue Mariam Avenue Mary Avenue Mary Avenue Mary Avenue North and East West Both North South Both North South East/West/ North/South Both North South East East West Between Bollinger Road and Kirwin Lane Between De Anza Boulevard and Bandley Dr. Between a point 370 feet west of (west) Vista Drive centerline Between a point 420 feet west of (west) Vista Drive Between Mary Avenue and Anson Avenue Between Villa De Anza Avenue and a point 150 feet west of Larry Avenue Between California Oak Way and English Oak Way Between Stevens Creek Boulevard and (Old) Mann Drive Between De Anza Boulevard and the easterly terminus thereof Between De Anza Boulevard and a point 350 feet westerly thereof Between De Anza Boulevard and a point 150 feet westerly thereof Between Stevens Creek Boulevard and a point 340 feet Northerly Between a point 440 feet south Lubec Street and Homestead Road Between Stevens Creek Boulevard and a point 500 feet northerly thereof 2007 5-13 37 Stopping, Standing anti Parking-Public Streets 11.24.160 Street Hours Park Circle Drive 8 a.m. to 2 p.m. Park Circle East 8 a.m. to 2 p.m. Park Circle East 8 a.m. to 2 p.m. Park Circle West 8 a.m. to 2 p.m. Park Circle West 8 a.m. to 2 p.m. Richwood Court 8 a.m. to 2 p.m Rodrigues Aveuue 7 a.m. to 8 p.m. Rosemarie Place 8 a.m. to 2 p.m. Sorenson Avenue 8 a.m. to 6 p.m Stelling Road 7 a.m. to 8 p.m Stelling Road 7 a.m. to 8 p.m Valley Green Drive 8 a.m. to 2 p.m Valley Green Drive 8 a.m. to 4 p.m Valley Green Drive 8 a.m. to 2 p.m Vista Drive 2 p.m. to 3 p.m. Sides of Portion Exceptions Street South All Monday, Tuesday, Wednesday, Friday, Saturday, Sunday and Holidays East All Monday, Tuesday, Thusday, Friday, Saturday, Sunday and Holidays West All Monday, Tuesday, Wednesday, Friday, Saturday, Sunday and Holidays West All Monday, Tuesday, Thursday, Friday, Saturday, Sunday and Holidays East All Monday, Tuesday, Wednesday, Friday, Saturday, Sunday and Holidays Both All Monday, Wednesday, Thursday, Friday, Saturday, Sunday and Holidays South Between Blaney Avenue and a point None 800 feet west thereof Both All Monday, Wednesday, Thursday, Friday, Saturday, Sunday and Holidays South Between Craft Drive and Finch Saturdays, Sundays and Holidays Avenue East Between Alves Drive and Greenleaf None Driv:, all portions currently or hereafter within the City limits West Between Hazelbrook Court and None Gardena Drive, all portions currently or hereafter within the City limits North & East Between Stelling Road and Beardon Monday, Tuesday, Thursday, Driv. Friday, Saturday, Sunday and Holidays Both Between Beardon Avenue and De Sundays and Holidays Anza Boulevard South & Between Stelling Road and Beardon Monday, Tuesday, Wednesday, West Driv_ Friday, Saturday, Sunday and Holidays West Between Apple Tree lane and a point Holidays and Sundays 200 reef southerly 11.24.170 Cupertino -Vehicles and Traffic TABLE 11.24.170 Street Period of Hours Time (Consecutive Minutes) Side of Street Portion Bonny Drive 30 8:00 a.m.-3:30 Both p.m., M-F Finch Avenue 120 8 a.m. to 5 p.m. West Foothill Boulevard 15 10 a.m. to 5 p.m. East Imperial Avenue 30 8 a.m. to 3:30 Both p.m., M-F Mary Avenue 180 8 a.m. to 5 p.m. East Orange Avenue 30 8 a.m. to 4 p.m., Both M-F Pepper Tree Lane 30 8:00 a.m.-3:30 Both p.m., M-F Rollingdell Drive 30 All Hours North Scofield Drive 30 8:00 a.m.-3:30 Both p.m., M-F Torre Avenue 20 8:00 a.m. - 5:00 East p.m. Torre Avenue 120 8:00 a.m. - 5:00 East p.m. Exceptions Between Scofield Drive and When school is not Shelly Drive in session Between Craft Drive and a Sundays and point 300 feet south of Sorenson Holidays Avenue Between a point 320 feet north None of Salem Avenue to a point 490 feet north of Salem Avenue From McClellan Road to a When school is not point 400 feet north thereof in session Between Senior Center Weekends and Driveway to a point Holidays approximately 225 feet north thereof From McClellan Road to When school is not Dolores Avenue in session Between Stelling Road and When school is not Bonny Drive in session Between a point 310 feet from None the west face-of-curb of De Anza Boulevard to a point 350 feet west thereof. Between Barbara land and When school is not Western Drive in session Between a point 725 feet north Saturdays, Sundays, of Pacifica Drive to a point 680 and Holidays feet north of Pacifica Drive Between a point 680 feet north Saturdays, Sundays, of Pacifica Drive to a point 400 and Holidays feet north of Pacifica Drive 38 2007 S-13 39 Stopping, Standing anti Parking-Public Streets 11.24.170 Limitations on Certain Streets. No person shall stop, stand, or park any vehicle as defined in the Vehicle Code of California, or as hereafter amended, on the streets or portions of streets, set out in Table 11.24.170, within the City for a period of time longer than that indicated opposite the name of each street between the respective hours set opposite the name of each street on any day, or on any one day and the next ensuing day, except as provided in this section. (Ord. 2002, 2007; Ord. 1991, 2006; Ord. 1930, 2004; Ord. 1914, (part), 2003; Ord. 1884, 2001; Ord. 1882, 2001; Ord. 1857, (part), 2000; Ord. 1476, (part), 1988; Ord. 1419, (part), 1987; Ord. 1409, (part), 1987; Ord. 1405, (part), 1987; Ord. 1276, (part), 1984; Ord. 1163, 1982; Ord. 843, § 10.3, 1977) 11.24.180 Diagonal Parking. Diagonal parking permitted on certain streets. No person shall stop, stand, or park any vehicle as defined in the Vehicle Code of California except within the parking stalls provided, marked and delineated on the following named streets: Street Portion Imperial Avenue Between Stevens Creek Boulevard and Granada Avenue Mary Avenue West side between a point 500 feet north of Stevens Creek Boulevard to a point 380 feet south of Lubec Street Mary Avenue West side between a point 430 feet north of Lubec Street and a point 340 feet northerly Mary Avenue Between Homestead Road and a point 650 feet southerly thereof Pasadena Avenue Between Stevens Creek Boulevard and Granada Avenue Richwood Court Between Miller Avenue and the easterly terminus thereof Rosemarie Place Between Miller Avenue and the easterly terminus thereof (Ord. 1840, (part), 1999; Ord. 1483, 1989; Ord. 1348, 1986; Ord. 1340, 1985; Ord. 843, § 10.4, 1977) 11.24.190 Off-street Parking for Handicapped Persons. A. Property Owned or Operated by the City. The City Traffic Engineer may designate stalls or spaces in any off-street parking facility owned or operated by the City for the exclusive use of vehicles which display a distinguishing 11.24.170 license plate or placard issued by the California Department of Motor Vehicles to handicapped persons or to disabled veterans pursuant to Sections 22511.5 and 9105 of the California Vehicle Code. All spaces or stalls so designated shall be marked by posting immediately adjacent to, and visible from, each stall or space, a sign consisting of a profile view of a wheelchair with occupant in white on a blue background. B. Removal of Unauthorized Vehicles. The City may cause the removal, from a stall or space designated for physically handicapped persons in a parking facility owned or operated by the City, of any vehicle not displaying one of the distinguishing placards or license plates specified in Sections 22511.5 and 9105 of the California Vehicle Code if a sign is posted in conformance with Section 22511.8 of the California Vehicle Code which clearly and conspicuously gives the notice specified in that section. C. The provisions of this section shall not be construed to restrict the rights of private property owners to designate parking areas for the exclusive use of handicapped persons under the provisions of Sections 22511.7 and 22511.8 of the California Vehicle Code. (Ord. 843, § 11, 1977) 11.24.200 Removal of Vehicles from Street. Any regularly employed and salaried employee who is engaged in the direction of traffic or enforcement of parking regulations when designated by the sheriff may remove a vehicle from a street, except a freeway, in the manner and subject to the requirements of Vehicle Code of the state Sections 22650 through 22856 under the following circumstances: A. When any vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move such vehicle from in front of the driveway to another point on the street; B. When any vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move such vehicle from in front of the fire hydrant to another point on the street; C. When a vehicle is parked or left standing upon a highway for seventy-two or more consecutive hours; D. When a vehicle is parked or left standing upon a street where the use of such street or a portion thereof is necessary for the cleaning, repair or construction of the street, or for the installation of underground utilities, or where the use of the street or any portion thereof is authorized for a purpose other than the normal flow of traffic, or where the use of the street or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or 2007 S-13 11.24.200 Cupertino -Vehicles and Traffic 40 movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four hours prior to removal; E. When a vehicle is parked or left standing on a highway so as to obstruct the normal movement of traffic; F. When any vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes evidence of his or her identity and an address within California at which he or she can be located; G. Whenever any vehicle is parked or left standing where parking is prohibited by ordinance and signs are posted giving notice of authorization for removal. (Ord. 1500, §§ 1, 2, 1989; Ord. 843, § 7, 1977) 11.24.210 Violation-Penalty. Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of an infraction, and, upon conviction thereof, shall be punished as provided in Chapter 1.12 of this Code. (Ord. 865, § 1, 1978; Ord. 843, § 12, 1977) 11.24.220 Temporary Parking Zones-Permit Procedure. A. There is conferred upon the Ciry Manager of the City of Cupertino those powers and duties necessary for the administration of this section. In addition, there is also conferred upon the City Manager the authority to designate such officers and employees of the City, as may be required, to assist him in carrying out the intent and purpose of this section. The person so designated by the City Manager is referred to in this section as the "Hearing Officer. " B. The Hearing Officer may designate any area to be a temporary parking zone, upon compliance with the application procedure specified in this section, if in his discretion the public benefits of such a designation will outweigh the particular harm caused to affected persons or properties. The size and duration of said zone shall be designed in a manner reasonably limiting any harmful consequences. C. A temporary parking zone shall be indicated by such appropriate signs, sign covers, or markings as the Hearing Officer may specify. Said signs shall notify the public of the existence of a temporary parking zone, the applicant's permit number, and of any special provisions designated by the Hearing Officer. The duration of the existence of said zone shall be indicated on the appropriate signs, and unless pursuant to a renewal of the original application, shall not exceed twenty days. D. Within the area designated as a temporary parking zone, the special provisions indicated on the appropriate signs shall supersede all other parking ordinances and regulations inconsistent therewith, during the time periods indicated on said signs. E. Any person residing upon or conducting a business upon a parcel of real property within the city limits of the City of Cupertino, may apply to the Hearing Officer for a permit designating a temporary parking zone to exist in the area immediately adjacent to said parcel of real property. Said application shall be made according to the following procedure: 1. An applicant shall submit an application for a temporary parking zone permit to the office of the City Manager a minimum of ten days before the intended designation, containing the following items: a. Applicant's name and name of business, if appropriate; b. Applicant's telephone number; c. Applicant's address; d. Area to be designated temporary parking zone; e. Dates and duration of permit, not to exceed twenty days; f. Special provisions or limitations, if any; g. A statement of the purpose and/or special event necessitating the designation of a temporary parking zone; h. A statement of the estimated harmful effects such designation might have upon persons or properties affected thereby; i. A check in the amount of twenty-five dollars to cover processing and staff investigation costs; j. A separate check in the amount of fifty dollars, comprising a deposit to insure against the loss of or damage to any signs, sign covers or markings designating said zone, from any cause. The deposit shall be refunded to applicant in the amount that it exceeds actual repair or replacement costs for said signs. 2. Upon receipt of each complete application, the Hearing Officer shall assign a number to it, and review its contents and all relevant circumstances. The inception and termination dates of the zone, its extent, duration, and other special provisions all may be amended to conform to the public interest. As amended, the application may be marked "permitted" or "not permitted," as appropriate. An application marked "permitted" shall constitute a temporary parking zone permit. All applications shall be retained by the office of the City Manager in an appropriate file. 3. In the event that the date designated on the application for inception of the zone passes without approval or disapproval by the Hearing Officer, the application shall be deemed "not permitted," and the full amount 6f both the deposit and the processing fee shall be remitted to the applicant. 4. In the event that the application is disapproved before the desired inception date, the full amount of the deposit shall be remitted to the applicant. TITLE 14: STREETS, SIDEI~VALKS AND LANDSCAPING Chapter 14.04 Street Improvements 14.05 Park Maintenance Fee 14.08 Obstruction of Streets 14.12 Trees 14.15 Xeriscape Landscaping 14.18 Protected Trees 14.20 Underground Utilities-Conversions 14.24 Underground Utilities-New Developments 2007 S-13 14.08.010 CHAPTER 14.08: OBS'1CRUCTION OF STREETS Section 14.08.010 Definitions. 14.08.020 Overhead obstruction. 14.08.030 Encroachments-Permit-Required. 14.08.035 Encroachments-Permit-Notice Requirements. 14.08.040 Encroachments-Application- Deposit. 14.08.050 Encroachments-Permit-Issuance. 14.08.060 Specifications for underground installations-Supervision. 14.08.070 Depositing of dirt, rocks, etc. on City highways. 14.08.080 Operation of cleated vehicles on highways-Prohibited. 14.08.090 Applicability. 14.08.100 Violation-Penalty. than ten feet tall, standing singly and not of such character as to need annual replacement. G. The term "sidewalk" is as provided in the Vehicle Code of the state of California. H. The term "standard specifications" means the Standard Specifications of the Division of Highways, Department of Public Works, state of California, dated January, 1973. I. The term "street or highway" is as provided in the Vehicle Code of the state of California. J. The term "tree" means any growing plant exceeding ten feet in height, whether planted singly or as a hedge. K. The term "City Manager" shall mean the City Manager of the city or his or her designee. (Ord. 2005, 2007; Ord. 600, § 2, 1973; Ord. 130, Art. 1 § 1, 1960) For statutory provisions regarding the authority of the city council to prohibit and prevent encroachments upon or obstruction in or to any sidewalks or streets, see Gov. Code § 38775. 14.08.010 Definitions. A. The term "encroachment" is as provided in the Streets and Highway's Code of the state of California. B. The term "fence" means any obstruction of whatever material or composition which is designed, intended or used to protect, defend or obscure the interior property of the owner thereof from the view, trespass or passage of others upon that property. C. The term "hedge" means any group of shrubs planted in a line or in groups so that the branches of any one plant are intermingled or form contact with the branches of any other plant in the line. D. The term "roadway" is as provided in the Vehicle Code of the state of California. E. The term "safety zone" is as provided in the Vehicle Code of the state of California. F. The term "shrub" means a bush, not a hedge, or a growing plant more than twelve inches but not more 14.08.020 Overhead Obstruction. A. No owner or lessee of any premises abutting upon any public street shall permit the existence of obstructions defined by this chapter to be a nuisance. B. The following shall be a nonexclusive list of obstructions which under this chapter are deemed to obstruct the view from vehicles traveling on public streets and the passage of pedestrians on the sidewalks and of vehicles on the rights-of-way abutting thereon and are declared to be a public nuisance and prohibited as unlawful: 1. A tree with limbs overhanging the public street or sidewalk, the lowest part of which is less than ten feet above the street or sidewalk; 2. A hedge or shrub overhanging the street or sidewalk; 3. Any hedge or shrub or limb of a tree which is so situated as to obscure and impair the unobstructed view of intersecting traffic by passing motorists or pedestrians or obscure and impair the view of street, traffic, and other control devices and signs placed upon the streets for the safety of the public. C. The City Manager, or his duly appointed representative, upon determining that one or more of the 2007 S-13 19 14.08.020 Cupertino -Streets, Sidewalks and Landscaping nuisances prohibited herein exist or that any other similar obstruction to the passage of vehicles or pedestrians at intersections exists on premises within the City, shall give written notice to the owner, tenant or person having charge or control of the premises to remove therefrom the nuisance so designated therein, and it is unlawful for the owner, tenant or person having charge or control of the premises to neglect or fail to remove therefrom the obstruction within five days after the service upon him of the notice. D. In addition to any of the remedies provided for herein or by law for the violation hereof, the City Attorney may maintain an action for injunction to restrain or abatement to correct or compel the removal of such violation or violations. (Ord. 130, Art. 1 § 2, 1960) 14.08.030 Encroachments-Permit-Required. No person or agency, whether public or private shall constructor maintain any encroachment along or across any street, road or highway in the City or make any excavation or cut therein for such purpose without first obtaining a permit so to do in the manner herein provided. (Ord. 130, Art. 1 § 3.1, 1960) 14.08.035 Encroachments-Permit-Notice Requirements. A. Prior to the approval of any encroachment permit which is to be issued as part of a minor residential modification, including, but not limited to mailboxes, fences, permanently installed landscaping enclosures or other permanent features, the Director of Public Works shall give aten-day written notice of his or her intent to issue such permit to the owners of all properties within two residential units, or 500 feet of the proposed encroachment, whichever is greater. Any person wishing to object to the issuance of such permit shall do so in writing to the Director of Public Works prior to the permit's issuance. Any appeal from Public Works Director's decision regarding the permit may be made to the City Manager as prescribed in Chapter 1.16 of the city's Ordinance Code. B. Encroachment permits issued as part of any street improvement work to be accomplished in the public right-of- way when such improvements and right-of-way or are to be dedicated to the city upon completion and any other activity including but not limited to work by public utilities as part of either maintenance work or a building permit or other like activity will not require any special form of notice. (Ord. 2005, 2007) 14.08.040 Encroachments-Application-Deposit. Any person or agency, whether public or private, desiring to construct, lay or maintain any encroachment 20 along or across any street, road or highway under jurisdiction of the City shall make application in writing to the City Council and shall deposit with such application the sum of fifty dollars or a sum of money sufficient in amount, in the opinion of the City Manager, to cover the total cost of the contemplated work, whichever amount is greater, or in the discretion of the City Manager a good and sufficient bond in lieu thereof; provided that the City Manager may in his discretion waive the requirement for the deposit of the sum or bond for public agencies or public utility corporations which are entitled to operate or maintain facilities in public rights-of--way either by operation of law or pursuant to a franchise granted by the Ciry. The deposit or bond is required for the purpose of enduring the proper restoration of the highway and shall be forfeited or called, as the case may be, in the event that the work is not properly done as herein provided. (Ord.130, Art. 1 § 3.2, 1960) 14.08.050 Encroachments-Permit-Issuance. Permits for such work shall be issued by the City Manager. (Ord. 130, Art. 1 § 3.3, 1960) 14.08.060 Specifications for Underground Installations-Supervision. The encroachment shall be laid or constructed and the highway shall be restored in the manner required and specified herein, which work shall be done in all cases under the supervision and to the satisfaction of the City Manager: A. Excavation: 1. Excavation of trenches adjacent to the existing pavement shall be conducted on but one side of the pavement at a time and no excavation shall be started on the opposite side until the trench first excavated has been filled, compacted and surfaced as per requirements below. 2. No more trenches shall be opened than can be properly and completely backfilled in one day. No more than seven hundred feet of trench shall be open at any time on any project unless authorized by the City Manager or his duly appointed representative. 3. One traffic lane shall be kept open and in safe condition at all times. Adequate warning and regulatory signs and other safety measures shall be taken at all times to protect the public who may or must be present in the area where work is being performed. Complete closure of all traffic lanes may be made at the discretion of and in accordance with plans and detours approved by the City Manager or his duly appointed representative. Twenty-four hours' advance notice must be filed with the City Manager or his duly appointed representative, stating the road to be closed, the limits and approximate duration of closure. Such agencies must also be notified immediately upon reopening of the road to emergency vehicles. 2007 S-13 21 Obstruction of Streets 14.08.060 4. The City Manager shall be supplied at all times with the names and telephone numbers of at least two persons in charge of or responsible for the work subject to permit who can be reached for emergency work twenty-four hours a day, seven days a week. B. Backfill: 1. Backfill in all trenches shall be made by mechanical tamping or jetting as specified by the City Manager. Compaction shall be attained by any type of mechanical tamper capable of meeting the compaction requirements. Backfill shall be compacted in lifts of a thickness designated by the City Manager and dependent upon the type of soil and mechanical tamper used. A relative compaction of ninety percent must be obtained on all backfill below two feet of finished grade. A relative compaction of ninety-five percent shall be required in the top two feet of trench within the roadway section. 2. Relative compaction shall be based on state of California Test Method No. 216. 3. No jetting will be allowed within two feet of the surface. Aggregate base material conforming to Section 26-1.02A of the Standard Specifications, except as herein modified under "Aggregate Base: shall be placed along the entire trench section with a minimum thickness of twelve inches." 4. The City reserves the right to make as many compaction tests as it deems necessary in order to meet compaction requirements. The costs of such tests shall be borne by the person performing the excavation in, along and across the highway. A prime coat of SC-1 liquid asphalt shall be applied to the surface of the existing trench prior to paving, the rate of application to be determined by the City Manager. 5. On completion of the backfill and prior to placing the pavement in the trench section, the pavement adjacent to the work shall be thoroughly cleaned to the satisfaction of the City Manager. A power broom shall be used if so required by the City Manager. C. Restoration of pavement: 1. Where it is necessary to remove existing high type classes of pavement, such as Portland cement concrete, asphaltic concrete, plant mix surfacing, or oil macadam, the pavement shall be restored to its condition as to line, grade, type and depth as existed prior to excavation. See minimum requirements below. Asphalt-concrete surfacing conforming to the requirements of Section 39-2.03 of the Standard Specifications may be substituted for existing asphaltic concrete, plant mix surfacing or oil macadam pavement. The type of asphalt-concrete surfacing is to be determined by the City Manager. 2007 5-13 2. When a satisfactory permanent repavement of an excavation cannot be made, the City Manager shall require a temporary pavement consisting of thirteen inches of compacted untreated base material and two inches of cold plant mix surfacing meeting the surface of existing pavement and sealed with asphaltic emulsion seal coat. The temporary type of pavement is to remain in place and be maintained until compaction requirements can be met. The temporary pavement shall then be removed to a minimum depth of three inches below the existing surface, and the pavement replaced with three inches of hot plant mix surfacing, the surfacing to be feathered out over the existing pavement to prevent surface water from entering the excavated trench section. The extent of the feathered section is to be determined by the City Manager. The pavement surface is then to be sealed with asphaltic emulsion seal coat. 3. Where the depth of the existing higher type classes of pavement exceeds three inches in thickness, and where the existing imported base material exceeds twelve inches in thickness, the depth shall be restored in kind, with aggregate base and asphalt-concrete surfacing. Existing Portland cement concrete pavement shall be restored in kind in all cases where Portland cement concrete pavement now exists. 4. Roads and highways consisting of existing single and double seal coat or armor coat type of pavement will require a temporary pavement restoration consisting of twelve inches (compacted) of aggregate base material and an application of single seal coat using one-half inch x No. four crushed screenings. Depending on weather conditions, two inches of cold plant mix surfacing may be substituted for a temporary single seal pavement. After a period of from sixty to ninety days, a permanent pavement of single seal coat placed over the temporary single seal coat pavement, conforming to the requirements of Section 37 of the Standard Specifications shall be supplied to the surface, the extent of such pavement overlapping the existing trench to be determined by the City Manager. Only crushed granite screenings or equivalent shall be used in all temporary and permanent pavement restoration. A double seal coat may be applied immediately if trench compaction meets the requirements of this chapter. 5. When a single operation, consisting of crossing the pavement (not confined to a continuous project parallel to and following the general alignment of the road), is proposed on roads of high classification, it will be necessary to bore pipe or jack a casing enclosing the pipe underneath the pavement. If it is proved to the satisfaction of the City Manager that it is not feasible or practical to jack or bore underneath the pavement, the pavement may be cut and restored with twelve inches of compacted untreated base 14.08.060 Cupertino -Streets, Sidewalks and Landscaping material, six inches of Class "A" concrete keyed five inches outside the edge of the trench on each side and followed by three inches of asphalt-concrete surface and sealed with asphaltic emulsion seal coat. Excavations maybe backfilled with sand and pavement replaced in kind when specifically authorized by the City Manager. D. Untreated base: 1. Untreated base material shall conform to the provisions of Section 26 of the Standard Specifications. 2. Untreated base shall be placed in all trench excavations accessible to vehicular traffic. E. Miscellaneous: 1. City may, as a condition to granting an encroachment permit, require a field inspection with representatives of both the applicant and the City Manager. A description of the condition of the existing pavement and shoulders will be filed with the City Manager and the applicant. Pavement shoulders disturbed by the applicant's operations will be restored at the applicant's expense to the satisfaction of the City Manager. Small utility extensions and lateral connections to existing sanitary sewers may be exempted from the requirements of such prior field inspection. In such event, encroachment permits may be issued upon receipt of request therefor together with a sketch showing location or a written description of the proposed work. 2. Property owners shall be protected from any damage to property and dust nuisance. A water wagon shall be available on demand of the City Manager. 3. Written permission of the City Manager shall be required for excavations made between November 1st and March 1st. 4. Any noncompliance with these specifications shall be remedied within five days after written notice to do so by the Ciry Manager. Upon failure to conform with the request of the City Manager within the five day period, the City shall be entitled to proceed to correct the deficiency, and the costs thereof shall be the obligation of the applicant. 5. Inspection costs incurred by the City in the progress of the applicant's operations shall be reimbursed to the City by the applicant. The City shall be the sole judge as to the need of such inspection. 6. The City Manager shall be notified forty-eight hours prior to the actual beginning of any excavation in, along or across any road or highway in the City. 7. No work shall be deemed completed until final approval thereof is made in writing by the City Manager. 8. Applicant may be required to indemnify and save harmless the City, its officers and employees from any suits, claims or sections brought by any person or persons for or on account of any injuries or damages sustained or arising out of the excavations covered by this section. 22 9. Applicant shall maintain the condition of his excavation and pavement restoration to the satisfaction of the City Manager. (Ord. 130, Art. 1 § 3.4, 1960) 14.08.070 Depositing of Dirt, Rocks, Etc. on City Highways. A. No person shall place, deposit, or dump, or cause to be placed, deposited, or dumped, any dirt, rocks, gravel, mud, or any other objects of any nature or description on the traveled portions of any City highway. B. The City Manager may remove any such dirt, rocks, gravel, mud, or any other objects of any nature or description from the traveled portions of any City highway, and the person, or the principal or employer of the person, causing such dirt, rocks, gravel, mud or any other objects to be placed, deposited, or dumped on such City highway shall be liable to the City for any expense in connection with the removal thereof. C. The provisions of the foregoing subsections are not intended to conflict with but shall supplement all the laws of the state of California relative to the obstruction of public highways. (Ord. 130, Art. 1 § 4, 1960) 14.08.080 Operation of Cleated Vehicles on Highways-prohibited. No person shall drive, operate, tow, or otherwise transport any cleated vehicle on, upon, or across any Ciry highway in a manner which permits or causes the cleats of such vehicles to come into contact with the paved portion of the highway. (Ord. 130, Art. 1 § 5, 1960) 14.08.090 Applicability. The provisions of this chapter shall not apply nor shall an application for excavation or encroachment permit be required for: A. The installation of a pole or poles by duly franchised public utility corporations except where a pole is removed from or placed in existing concrete or macadamized work on public right-of--way; B. Emergency work that must be commenced or done before it is possible to obtain the necessary permit as required by this chapter; provided, however, that the application and permit is made and obtained not later than the following working day after commencement of the emergency work. (Ord. 130, Art. 1 § 6, 1960) 14.08.100 Violation-Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. (Ord. 1179, § 2 (part), 1982; Ord. 130, Art. 2 § 1, 1960) 2007 S-13 14.18.010 CHAPTER 14.18: ]PROTECTED TREES Section 14.18.010 Purpose. 14.18.020 Definitions. 14.18.025 Actions prohibited. 14.18.030 Retention promoted. 14.18.035 Protected trees. 14.18.040 Heritage tree designation. 14.18.050 Heritage tree list. 14.18.060 Plan of protection. 14.18.070 Recordation. 14.18.080 Heritage Tree Identification tag. 14.18.130 Enforcing authority. 14.18.140 Exemptions. 14.18.145 Tree Management Plan. 14.18.150 Application and approval authority for tree removal. 14.18.160 Director to inspect. 14.18.170 Application requirements. 14.18.175 Notice and posting. 14.18.180 Review and determination of application. 14.18.185 Tree replacement. 14.18.188 Retroactive tree removal permit. 14.18.190 Protection during conservation. 14.18.200 Protection plan before permit granted. 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. Protected trees are considered a valuable asset to the community. The protection of such trees in all zoning districts is intended to preserve this valuable asset. The City finds that the preservation of protected 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 development; C. Protect aesthetic and scenic beauty; D. Assist in the absorption of rain waters, thereby preventing erosion of top soil, protecting against flood hazards and the risk of landslides; E. Counteract air pollutants by protecting the known capacity of trees to produce pure oxygen from carbon dioxide; F. Maintain the climatic balance (e.g., provide shade); G. Help decrease potential damage from wind velocities; For the above reasons, the City finds it is in the public interest, convenience and necessity to enact regulations controlling the care and removal of protected 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. (Ord. 2003, 2007; 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 Clara, 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. "Development application" means an application for land alteration or development, including but not limited to subdivision of property, rezoning, architectural and site approval, two-story residential permit, minor residential permit, planned unit development, variance, and use permit. D. "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 Planning Commission to have a special significance to the community. 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. 2007 S-13 33 14.18.020 Cupertino -Streets, Sidewalks and Landscaping G. "Private property" shall include all property not owned by the Ciry or any other public agency. H. "Public property" includes all property owned by the Ciry or any other public agency. I. "Protected tree" means any class of tree specified in Section 14.18.035. J. "Tree removal" means any of the following:. 1. Complete removal, such as cutting to the ground or extraction, of a protected tree; or 2. Severe pruning, which means the removal of more than one-fourth of the functioning leaf and stem area of a protected tree in any twelve-month period as determined by the Community Development Director. (Ord. 2003, 2007; Ord. 1886, (part), 2001; Ord. 1835, (part), 1999; Ord. 1810, (part), 1999; Ord. 1715, (part), 1996; Ord. 1573, § 3, 1991; Ord. 1543, § 3, 1991) 14.18.025 Actions Prohibited. A. It is unlawful to remove or kill any protected tree; and B. It is unlawful to remove any protected tree in any zoning district without first obtaining a tree removal permit. (Ord. 2003, 2007) 14.18.030 Retention Promoted. Protected trees are considered an asset to the community and the pride of ownership and retention of these species shall be promoted. The Director of Community Development shall conduct an annual review of the status of heritage trees and report the findings to the Planning Commission. (Ord. 2003, 2007; Ord. 1715, (part), 1996; Ord. 1543, § 4.1, 1991) 14.18.035 Protected Trees. Except as otherwise provided in Section 14.18.140, Exemptions, the following trees shall not be removed from private or public property, including street trees subject to Chapter 14.12 of the Cupertino Municipal Code, without first obtaining a tree removal permit: A. Heritage trees in all zoning districts. B. All trees of the following species (See Appendix B) that have a minimum single-trunk diameter of ten inches (31-inch circumference) or minimum multi-trunk diameter of 20 inches (63-inch circumference) measured 4-1/2 feet from natural grade: 1. Quercus (native oak tree species), including: a. Quercus agrifolia (Coast Live Oak) b. Quercus lobata (Valley Oak) c. Quercus kelloggii (Black Oak) d. Quercus douglasii (Blue Oak) e. Quercus wislizeni (Interior Live Oak) 2. Aesculus californica (California Buckeye) 34 3. Acer macrophyllum (Big Leaf Maple) 4. Cedrus deodara (Deodar Cedar) 5. Cedrus atlantica 'Glauca' (Blue Atlas Cedar) 6. Umbellularia californica (Bay Laurel or California Bay) 7. Platanus racemosa (Western Sycamore) C. Any tree required to be planted or retained as part ~f an approved development application, building permit, tree removal permit or code enforcement action in all zoning districts. D. Approved privacy protection planting in R-1 zoning districts. (Ord. 2003, 2007) 14.18.040 Heritage tree designation. Application for designation of a heritage tree may only be initiated by the owner of property on which the tree is located, unless the tree is located on public or quasi-public property. Any person may apply for designation of a heritage tree if the tree(s) are located on public or quasi-public property. An application for a heritage tree designation shall include: 1. Assessor's parcel number of the site; 2. Description detailing the proposed heritage tree's special aesthetic, cultural, or historical value of significance to the community; and 3. Photographs of the tree(s). Application for designation of a heritage tree shall be referred to the Planning Commission for review and determination in accordance with Section 19.124 of the Cupertino Municipal Code. The Planning Commission, may, by resolution, designate a tree or grove of trees as a heritage tree(s). (Ord. 2003, 2007; 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, common name, location and heritage tree number. (Ord. 2003, 2007; Ord. 1543, § 4.3, 1991) 14.18.060 Plan of Protection. As part of a development application: A. The approval authority shall adopt a maintenance plan for protected trees. It shall be the property owner(s)' responsibility to protect the trees. B. Privacy protection planting in R-1 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 2007 S-13 35 Protected Trees 14.18.060 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 his/her lot, is required to maintain the required planting and shall be required to comply with Section 14.18.070. (Ord. 2003, 2007; Ord. 1810, (part), 1999; Ord. 1630, (part), 1993; Ord. 1543, §§ 4.4, 4.5, 1991) 14.18.070 Recordation. All protected trees required to be retained as part of a development application under Section 14.18.035C., 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 prior to final map or building permit issuance, or at a time as designated by the Director of Community Development when not associated with a final map or building permit issuance. (Ord. 2003, 2007; Ord. 1573, § 4.6, 1991; Ord. 1543, § 4.6, 1991) 14.18.080 Heritage Tree Identification Tag. Heritage trees shall have on them an identification tag, purchased and placed by the City, inscribed with the following information: CITY OF CUPERTINO HERITAGE TREE NO. _ is protected by the Protected Trees Ordinance. Do not prune or cut before contacting the City Planning Department at (408) 777-3308. (Ord. 2003, 2007; Ord. 1543, § 4.7, 1991) 14.18.130 Enforcing Authority. The Director of Community Development, or his/her authorized representative, shall be charged with the enforcement of this chapter. (Ord. 2003, 2007; Ord. 1543, § 6.1, 1991) 14.18.140 Exemptions. The following situations do not require a tree removal permit prior to removal: A. Removal of a protected tree incase of emergency caused by the hazardous or dangerous condition of a tree, requiring immediate action for the safety of life or property (e.g., a tree about to topple onto a principle dwelling due to heavy wind velocities, a tree deemed unsafe, or a tree having the potential to damage existing or proposed essential structures), upon order of the Director of Community 2007 S-13 Development, or any member of the sheriff or fire department. However, a subsequent application for tree removal must be filed within five working days as described in Sections 14.18.150--14.18.170 of this chapter. The Director of Community Development will approve the retroactive tree removal permit application and may require tree replacements in conjunction with the approval. No application fee or other approval process shall be required in this situation. B. Dead trees, in the opinion of the Director of Community Development. However, a subsequent application for a tree removal must be filed within five working days as described in Section 14.18.150 - 14.18.170 of this chapter. The Director of Community Development will approve the retroactive tree removal permit application and may require tree replacements in conjunction with the approval. No application fee or other approval process shall be required in this situation. C. Thinning out/removing of trees in accordance with a recorded tree management plan that has been approved in accordance with Section 14.18.145. No tree removal permit is required. D. Public utility actions, under the jurisdiction of the Public Utilities Commission of the State of California; as may be necessary to comply with their safety regulations, or to maintain the safe operation of their facilities. (Ord. 2003, 2007; Ord. 1835, (part), 1999; Ord. 1715, (part), 1996; Ord. 1630, (part), 1993; Ord. 1543, § 7.1, 1991) 14.18.145 Tree Management Plan A tree management plan may be approved for a property that includes criteria for the removal of certain trees in the future by anticipating the eventual growth of trees on the property and specifying a time frame in which the trees may require removal to prevent overcrowding of trees. The property owner shall have retention information placed on the property in accordance with § 14.18.070, referring to the approved tree management plan. For a tree management plan associated with a development application, the tree management plan shall be approved in conjunction with the approval of a landscape plan on the subject property. The tree management plan shall include the following: A. A tree plan indicating all existing trees to be retained and all new trees to be planted that are part of the approved landscape plan. B. Labeling of the species, size in DBH at planting time or at time of tree management plan approval, location and eventual growth size of each tree on the plan. C. A written explanation of the specific tree(s) to be removed to prevent overcrowding, including the eventual growth size in DBH at which time the tree is to be removed, 14.18.145 Cupertino -Streets, Sidewalks and Landscaping and a time frame in which the tree(s) will reach the eventual growth size. The tree management plan shall be approved by the authority approving the landscape plan prior to recordation of the tree management plan. The Director of Community Development shall review and approve the tree management plan where no landscape plan is required. Trees that are listed to be removed in the tree management plan may be removed within the specified time frame per the tree management plan without a tree removal permit, except for trees designated as heritage trees. No heritage trees shall be permitted to be removed in conjunction with an approved tree management plan. (Ord. 2003,2007) 14.18.150 Application and Approval Authority for Tree Removal Permit. A. No person shall directly or indirectly remove or cause to be removed any protected tree without first obtaining a tree removal permit, unless such tree removal is exempt per Section 14.18.140. Application for a tree removal permit shall be filed with the Department of Community Development on forms prescribed by the Director of Community Development and shall state the number and location of the trees to be removed, and the reason for removal of each. B. Applications for protected tree removal shall be referred to the Director of Community Development for final review and determination in accordance with Section 14.18.220 and Chapter 19.124, except for heritage tree removals and tree removals in conjunction with development applications. The Director of Community Development may approve, conditionally approve, or deny the application for a tree removal permit. A tree replacement requirement may be required in conjunction with the tree removal permit. The applicable tree removal permit fee shall apply. C. Application for tree removals in conjunction with a development application shall be considered by the approval authority concerning the same property as the affected tree removal permit application, and the determination on the tree removal permit shall be made concurrently by the approval authority. D. Application for removal of a heritage tree shall be referred to the Planning Commission for final review and determination in accordance with Section 14.18.220 and Chapter 19.124. (Ord. 2003, 2007; Ord. 1630, (part), 1993; Ord. 1573, § 8.1 (part), 1991; Ord. 1543, § 8.1 (part), 1991) 14.18.160 Director to Inspect. Upon receipt of an application for removal of a protected tree, the Director of Community Development or 36 his/her authorized representative will, within fourteen days, inspect the premises and evaluate the request pursuant to Section 14.18.180 of this chapter. Priority of inspection shall be given to those requests based on hazard or disease. The Director of Community Development may refer any such application to another department or to the Planning Commission or an appropriate committee of the City for a report and recommendation. Where appropriate, the Director of Community Development may also require the applicant, at his/her own expense, to furnish a report from an arborist certified by the International Society of Arboriculture. (Ord. 2003, 2007; Ord. 1573, § 8.1 (part), 1991; Ord. 1543, § 8.1 (part), 1991) 14.18.170 Application Requirements. A request for removal of any heritage or protected tree shall include the following: A. Application information. Application for a tree removal permit shall be available from and filed with the Community Development Department and shall contain the following information, unless waived by the Director of Community Development: 1. A written explanation of why the tree(s) should be removed; 2. Photograph(s) of the tree(s); 3. An arborist report from an arborist certified by the International Society of Arboriculture when required by the Director of Community Development; 4. Signature of the property owner and homeowner's association (when applicable) with proof of a vote of the homeowner's association; 5. Replanting plan; 6. Other information deemed necessary by the Director of Community Development to evaluate the tree removal request; 7. Permit fee, where applicable; 8. Tree survey plan indicating the number, location(s), variety and size (measured four and a half feet above grade) of tree(s) to be removed. (Ord. 2003, 2007; Ord. 1835, (part), 1999; Ord. 1715, (part), 1996; amended during 12/93 supplement; Ord. 1630, (part), 1993; Ord. 1543, § 8.1 (part), 1991) 14.18.175 Notice and Posting. A. Notice of any decision of the Director of Community Development and Design Review Committee shall be given in the same manner as provided in Section 19.28.100B. B. Notice of any public hearing under this chapter shall be given in the same manner as provided in Chapter 19.124 of the Cupertino Municipal Code. However, notice 2007 S-13 37 Protected Trees 14.18.175 of such hearing shall be mailed to each owner of record of real property within five hundred feet of the exterior boundary of the property for which the application is sought or two properties in each direction from the exterior boundary of the property, whichever provides for a greater number of notices to surrounding property owners. C. A notice shall be posted on any tree or property on which the tree is located for which a tree removal application has been submitted. The notice shall be posted ten days prior to any public hearing considering the tree removal application or the decision of the Director of Community Development or Design Review Committee. D. Where approval of a tree removal permit is granted by the City, the property owner shall post the tree removal permit on site until the tree is removed or shall present proof of the tree removal permit upon request. (Ord. 2003,2007) 14.18.180 Review and Determination of Application. A. The approval authority shall approve a tree removal permit only after making at least one of the following findings: 1. That the tree or trees are irreversibly diseased, are in danger of falling, can cause potential damage to existing or proposed essential structures, or interferes with private on-site utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services; 2. That the location of the trees restricts the economic enjoyment of the property by severely limiting the use of property in a manner not typically experienced by owners of similarly zoned and situated property, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). 3. That the protected tree(s) are a detriment to the subject property and cannot be adequately supported according to good urban forestry practices due to the overplanting or overcrowding of trees on the subject property. B. The approval authority may refer the application to another department or commission for a report and recommendation. C. The approval authority shall either approve, conditionally approve or deny the application. D. The approval authority may require a tree replacement requirement in conjunction with a tree removal permit. (Ord. 2003, 2007; Ord. 1573, § 9.1, 1991; Ord. 1543, § 9.1, 1991) 14.18.185 Tree Replacement A. The approval authority may impose the following replacement standards for approval of each tree to be removed in conjunction with an approved tree removal permit, unless deemed otherwise by the approval authority: Replacement trees, of a species and size as designated by the approval authority and consistent with the replacement value of each tree to be removed, shall be planted on the subject property on which the tree(s) are to be removed. The approval authority shall work with the applicant/property owner of the tree removal permit to determine the location of the replacement tree(s). Table A may be used as a basis for this requirement. The person requesting the tree removal permit shall pay the cost of purchasing, planting and maintaining the replacement trees. B. If a replacement tree for the removal of a non-heritage tree or tree with trunk size equal to or less than 36" cannot be reasonably planted on the subject property, an in-lieu tree replacement fee based upon the purchase and installation cost of the replacement tree as determined by the Director of Community Development shall be paid to the City's tree fund to: 1. Add or replace trees on public property in the vicinity of the subject property; or 2. Add trees or landscaping on other City property. C. For removal of a heritage tree or tree with a trunk size greater than a 36 inches, the in-lieu tree replacement fee shall be based upon the valuation of the removed tree by using the most recent edition of the ISA Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers. Table A -Replacement Tree Guidelines Trunk Size of Removed Replacement Trees Tree (Measured 4 '/~ feet above grade) Up to 12 inches One 24" box tree Over 12 inches and up to Two 24" box trees 18 inches Over 18 inches and up to Two 24" box trees or 36 inches One 36" box tree Over 36 inches One 36" box tree Heritage tree One 48" box tree 2007 S-13 14.18.188 Cupertino -Streets, Sidewalks and Landscaping 14.18.188 Retroactive Tree Removal Permit. An application for a retroactive tree removal shall be required for any protected tree removed prior to approval of a tree removal permit. The application shall be filed with the Department of Community Development on forms prescribed by the Director of Community Development and shall be subject to the requirements of a tree removal permit. The application shall pay a retroactive tree removal permit fee. (Ord. 2003, 2007) 14.18.190 Protection During Construction. Protected trees and other trees/plantings required to be retained by virtue of a development application, building permit, or tree removal permit shall be protected during demolition, grading and construction operations. The applicant shall guarantee the protection of the existing tree(s) on the site through a financial instrument acceptable to the Director of Community Development. (Ord. 2003, 2007; Ord. 1543, § 10.1, 1991) 14.18.200 Protection Plan Before Permit Granted. A. A plan to protect trees described in Section 14.18.190 shall be submitted to the Director of Public Works and to the Director of Community Development prior to issuance of a demolition, grading or building permit. The plan shall be prepared and signed by a licensed landscape architect or arborist certified by the International Society of Arboriculture and shall be approved by the Director of Community Development. The Director of Community Development shall evaluate the tree protection plan based upon the tree protection standards contained in Appendix A at the end of this chapter. B. The Director of Community Development may waive the requirement for a tree protection plan both where the construction activity is determined to be minor in nature (minor building or site modification in any zone) and where the proposed activity will not significantly modify the ground area within the drip line or the area immediately surrounding the drip line of the tree. The Director of Community Development shall determine whether the construction activity is minor in nature and whether the activity will significantly modify the ground area around the tree drip line. (Ord. 2003, 2007; Ord. 1543, § 10.2, 1991) 14.18.220 Notice of Action on Permit-Appeal. A. Notice of the decision on an application for a protected tree removal permit by the approval authority, shall be mailed to the applicant. B. Any decision made by the Director of Community Development or Design Review Committee may be appealed in accordance with Chapter 19.134. 38 C. Any decision made by the Planning Commission may be appealed to the City Council in accordance with Chapter 19.136. 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. D. The Ciry Clerk shall notify the applicant of the Late, time and place for hearing the appeal. The City Council may affirm, reverse, or modify the decision of the Director of Community Development or Planning Commission ,and its decision shall be final. (Ord. 2003, 2007; Ord. 1573, § 11.1, 1991; Ord. 1543, § 11.1, 1991) 14.18.230 Penalty. Violation of this chapter is deemed a misdemeanor unless otherwise specified. Any person or property owners, or his agent or representative who engages in tree cutting or removal without a valid tree removal permit is guilty of a misdemeanor as outlined 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 pursuant to Section 14.18.060 C shall constitute an infraction. (Ord. 2003, 2007; Ord. 1810, (part), 1999; Ord. 1731, (part), 1996; Ord. 1543, § 12.1, 1991) 2007 S-13 38A Protectted Trees Appendix A APPENDIX A STANDARDS FOR THE PROTECTION OF TREES DURING GRADING AND CONSTRUCTION OPERATIONS The purpose of this appendix is to outline standards pertaining to the protection of trees described in Section 14.18.200 of Chapter 14.18. The standards are broad. A licensed landscape architect or International Society of Arboriculture certified arborist shall be retained to certify the applicability of the standards and develop additional standards as necessary to ensure the property care, maintenance, and survival of trees designated for protection. Standards 1. A plot plan shall be prepared 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 architect/arborist 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-fi~ot-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 tl-e drip line area of any tree designated to be saved except as is authorized by the Director of Community 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 t~ initiating any trenching within the barrier approval by staff with consultation of an arborist shall be completed. 5. Trees which require any degree of fill around the natural grade shall be guarded by recognized standards of tree protection and design of tree wells. 6. The area under the drip line of the tree shall be kept clf:an. 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 architect/arborist with approval of staff. 9. Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree surgeon. 10. No storage of construction materials or parking shall bc~ permitted within the drip line area of any tree designated to be saved. 11. Tree protection regulations shall be posted on protective fencing around trees to be protected. (Ord. 2003, 2007) 2007 S-13 38C Protected Trees Appendix B 2007 S-13 APPENDIX B REFERENCE PHOTOS OF SPECIMEN TREES PROTECTED IN ACCORDANCE WITH SECTION 14.18.035 EXAMPLES OF SOM1: OAK TREE VARIETIES Valley Oak (Quercus lobata) Coast Live Oak (Quercus Agrifolia) Appendix B Cupertino -Streets, Sidewalks, and Landscaping 38D Blue Oak (Quercus douglasii) Black Oak (Quercus kelloggii) Interior Live Oak (Quercus wislizeni) 2007 5-13 38E Protected Trees Appendix B California Buckeye (Aesculus californica) 2007 S-13 Big Leaf Maple (Acer macrophyllum) Appendix B Cupertino -Streets, Sidewalks, and Landscaping 38F Deodar Cedar (Cedrus deodara) r :~,~ ,ai i~. 2007 S-13 Blue Atlas Cedar (Cedrus atlantica `Glauca') 38G Protected Trees Appendix B Western Sycamore (Platanus racemosa) Bay Laurel or California Bay (Umbellularia californica) 2007 5-13 19.28.010 CHAPTER 19.28: SINGLE-FAIIZILY RESIDENTIAL (Rl) ZONES Section 19.28.010 Purposes. 19.28.020 Applicability of regulations. 19.28.030 Permitted uses. 19.28.040 Conditional uses. 19.28.050 Development regulations (site). 19.28.060 Development regulations (building) 19.28.070 Landscape requirements. 19.28.080 Permitted yard encroachments. 19.28.090 Minor residential permit. 19.28.100 Two-story residential permit. 19.28.110 Exceptions. 19.28.120 Development regulations-Eichler (R 1-e). 19.28.130 Development regulations-(R1-a). 19.28.140 Interpretation by the Planning Director. 19.28.010 Purposes. R-1 single-family residence districts are intended to create, preserve and enhance areas suitable for detached dwellings in order to: A. Enhance the identity of residential neighborhoods; B. Ensure provision of light, air and a reasonable level of privacy to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; D. Reinforce the predominantly low-intensity setting in the community; (Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 19.28.020 Applicability of Regulations. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in an R-1 single-family residence district other than in conformance with the provisions of this chapter and other applicable provisions of this title. (Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 19.28.030 Permitted Uses. The following uses shall be permitted in the R-1 single- family residence district: A. Single-family use; B. A second dwelling unit conforming to the provisions, standards and procedures described in Chapter 19.82, except for those second dwelling units requiring a conditional use permit; C. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with the provisions of Chapter 19.80 of this title; D. Home occupations in accordance with the provisions of Chapter 19.92; E. Horticulture, gardening, and growing of food products for consumption by occupants of the site; F. Residential care facility that is licensed by the appropriate State, County agency or department with six or less residents, not including the provider, provider family or staff; G. Small-family day care home; H. The keeping of a maximum of four adult household pets, provided that no more than two adult dogs or cats may be kept on the site; I. Utility facilities essential to provision of utility services to the neighborhood but excluding business offices, construction or storage yards, maintenance facilities, or corporation yards; J. Large-family day care homes, which meet the parking criteria contained in Chapter 19.100 and which are at least three hundred feet from any other large-family day care home. The Director of Community Development or his/her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements; K. Congregate residence with ten or less residents. (Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1688, § 3 (part), 1995; Ord. 1657, (part), 1994; Ord. 1601, Exh. A (part), 1992) 19.28.040 Conditional Uses. The following uses may be conditionally allowed in the R-1 single-family residence district, subject to the issuance of a conditional use permit: A. Issued by the Director of Community Development: 1. Temporary uses, subject to regulations established by Chapter 19.124; L9 2005 S-4 19.28.040 Cupertino -Zoning ~ 30 2. Large-family day care home, which otherwise does not meet the criteria for a permitted use. The conditional use permit shall be processed as provided by Section 15.97.46(3) of the State of California Health and Safety Code; 3. Buildings or structures which incorporate solar design features that require variations from setbacks upon a determination by the Director that such design feature or features will not result in privacy impacts, shadowing, intrusive noise or other adverse impacts to the surrounding area; 4. Second dwelling units which require a conditional use permit pursuant to Chapter 19.84; 5. Home occupations requiring a conditional use permit pursuant to Chapter 19.92 of this title. B. Issued by the Planning Commission: 1. Two-story structures in an area designated for a one-story limitation pursuant to Section 19.28.060 G(6) of this chapter, provided that the Planning Commission determines that the structure or structures will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area; 2. Group care activities with greater than six persons; 3. Residential care facilities that fall into the following categories: a. Facility that is not required to obtain a license by the State, County agency or department and has six or less residents, not including the providers, provider family or staff; b. Facility that has the appropriate State, County agency or department license and seven or greater residents, not including the provider family or staff, is a minimum distance of five hundred feet from the property boundary of another residential care facility; c. Facility that is not required to obtain a license by the State, County agency or department and has seven or greater residents, not including the provider family or staff, is a minimum distance of five hundred feet from the property boundary of another residential care facility; 4. Congregate residence with eleven or more residents, which is a minimum distance of one thousand feet from the boundary of another congregate residence and has a minimum of seventy-five square feet of usable rear yard area per occupant. (Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1784, (part), 1998; Ord. 1688, § 3 (part), 1995; Ord. 1657, (part), 1994; Ord. 1618, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.28.050 Development Regulations (Site). A. Lot Area Zoning Designations. 1. Lot area shall correspond to the number (multiplied by one thousand square feet) following the R-1 zoning symbol. Examples are as follows: Zoning Symbol Number Minimum Lot Area in Square Feet R1 5 5,000 R1 6 6,000 R1 7.5 7,500 R1 10 10,000 R1 20 20,000 2. Lots, which contain less area than required by subsection A(1) of this section, but not less than five thousand square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled. B. Lot Width. The minimum lot width shall be sixty feet measured at the front-yard setback line, except in the R1-5 district where the minimum lot width is fifty feet. C. Development on Properties with Hillside Characteristics. 1. Buildings proposed on properties located west of the ten percent hillside slope line as defined in the Cupertino General Plan, that have an average slope equal to or greater than fifteen percent shall be developed in accordance with the site development and design standards specified in Sections 19.40.050 through 19.40.140 of the Residential Hillside ordinance, Chapter 19.40, or the R1 zoning ordinance, Chapter 19.28, whichever specific regulation is more restrictive. 2. No structure or improvements shall occur on slopes of thirty percent or greater unless an exception is granted in accordance with Section 19.40.140, unless no more than five hundred square feet of development, including grading and structures, occurs on an area with a slope of thirty percent or greater. D. An application for building permits filed and accepted by the Community Development Department (fees paid and permit number issued) on or before March 1, 2005 may proceed with application processing under ordinances in effect at that time. (Ord. 2000, 2007; Ord. 1954, (part), 2005; Ord. 1886, (part), 2001; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1635, § 1 (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.28.060 Development Regulations (Building). A. Lot Coverage. The maximum lot coverage shall be forty-five percent of the net lot area. An additional five 2007 S-13 30A Single-Family Re;~idential (R1) Zones 19.28.060 percent of lot coverage is allowed for roof overhangs, patios, porches and other similar features not substantially enclosed by exterior walls. B. Floor Area Ratio. The objective of the floor area ratio (FAR) is to set an outside (maximum) limit for square footage. The FAR shall be used in conjunction with the residential development standards and guidelines in this ordinance in determining whether the mass and scale of the project is compatible with the surrounding neighborhood. 2007 S-13 37 Ord. No. 1965 1966 1967 1968 1969 1972 1973 1974 1975 1977 1979 1982 1985 1986 1987 1988 1989 1990 1991 1992 1993 1995 Comprehensive Ordinance List Amends Ch. 2.74, Cupertino technology, information, and communications commission (2.74) Amends § 14.04.230, Street improvements-exceptions (14.04) Amends Ch. 9.18, stormwater pollution prevention and watershed protection (9.18) Amends § 11.24.150 to remove the prohibition of parking on the west side of Vista Drive between Apple Tree drive and a point 200 feet south (11.24) Modifies development agreement (1-DA-90) to extend its term and to revise use and permit requirements related to hotels, garages, neighborhood meetings, and public hearings at Vallco (Not codified) Rezones certain land (Not codified) Rezones certain land (Not codified) Amends §§ 2.32.020, 2.36.020, 2.68.030, 2.74.020, 2.80.020, 2.86.030 and 2.88.030, terms of office, members and meetings-quorum (2.32, 2.36, 2.68, 2.74, 2.80, 2.86, 2.88) Not in effect due to referendum Not in effect due to referendum Amends Ch. 16.28, Fences and adds § 16.28.080, prohibited fences (16.28) Amends Ch. 9.18, Stormwater Pollution Prevention and Watershed Protection (9.18) Amending City Council Salaries (2.16) Rezones certain land (Not codified) Amends Title 17, Signs (17) Establishes regulations concerning Claims Against City (1.18) Amends § 11.27.145 concerning designation of preferential parking zones (11.27) Amends § 11.24.150 concerning parking prohibitions along certain streets (11.24) Amends § 11.24.170 concerning parking limitations on certain streets (11.24) Establishes regulations regarding water resource protection (9.19) Rezones certain land (Not codified) Amends § 2.74.010 concerning Technology, Information, and Communications Commission (2.74) Ord. No. 1999 Amends § 11.24.140 concerning parking for purposes of servicing or repairing (11.24) 2000 Amends § 19.28.050 regarding development regulations (19.28) 2002 Amends § 11.24.170, relating to parking limitations on Torre street (11.24) 2003 Amends Ch. 14.18 regarding the protection of trees (14.18) 2005 Amends § 14.08.010 relating to the definition of City Manager and adds § 14.08.035 relating to permit notice requirements (14.08) 2006 Amends § 11.24.150) prohibiting parking on Hoo Hoo Way (11.24) 2007 S-13 21 See Private street where 11.24.180 Handicapped marking 11.24.110 off-street, regulations generally 11.24.190 private street See Private street Impoundment when, authority 11.24.200 Loading zones authority 11.24.080 marking 11.24.090 passenger, marking 11.24.100 private street See Private street Parkway, prohibited on 11.24.120 Permit application 11.27.100 definitions 11.27.020 description 11.27.030 display 11.27.080 established 11.27.010 exceptions 11.27.090 hours 11.27.130 issuance guest 11.27.060 resident 11.27.050 posting 11.27.040 replacement 11.27.120 restriction 11.27.070 revocation 11.27.140 validity 11.27.110 violation, penalty 11.27.150 zones designated 11.27.145 Private street curb markings, signs 11.26.040 definitions 11.26.030 diagonal 11.26.120 handicapped parking space 11.26.100 loading zone establishment authority 11.26.070 marking 11.26.080 passenger 11.26.090 parking space See also handicapped parking space marking 11.26.060 prohibited where 11.26.110 purpose of provisions 11.26.010 removal of vehicle sign specification 11.26.140 Index scope 11.26.020 sign obedience required 11.26.050 violation, penalty 11.26.130 Prohibited certain hours, where 11.24.160 private street See Private street street cleaning, repair 11.24.230 where 11.24.060, 11.24.150 Provisions effect limited 11.24.020 Sale of merchandise, prohibited where 11.28.050 Scope of provisions 11.24.010 Servicing or repair prohibited, exception 11.24.140 Seventy-two hour limit 11.24.130 Space marking 11.24.070 Temporary permits 11.24.220 Time limits, where 11.24.170 Violation, penalty 11.24.210, 11.28.060 PARK AND RECREATION FACILITIES ACQUISITION AND MAINTENANCE FUND Created, purpose, use 14.05.100 PARKS, CITY See also PARK AND RECREATION COMMISSION Acquisition, maintenance fees amount, determination 14.05.070 appeals 14.05.090 applicability of provisions 14.05.020 conformance requirements 14.05.120 credits 14.05.050 definitions 14.05.010 determination 14.05.060 exceptions 14.05.080 pending building permit, provisions not applicable when 14.05.125 purpose, intent of provisions 14.05.030 required when, requirements generally 14.05.040 review, purpose 14.05.110 use, restrictions 14.05.100 Administrative authority 13.04.220 Advertising, sale restrictions 13.04.180 Behavior in, requirements 13.04.130 Closing hours prohibitions 13.04.190 vehicles towed when 13.04.191 Compliance required 13.04.030 Dedication See SUBDIVISION Definitions 13.04.020 2007 S-12 Cupertino -Index Enforcement authority 13.04.230 Lost article report 13.04.210 Nature, rural preserve designation 13.04.201 regulations generally 13.04.202 Permit appeal 13.04.080 application 13.04.050 contents 13.04.060 fees, deposit 13.04.090 granting, denial 13.04.070 liability 13.04.100 required 13.04.040 revocation 13.04.110 Picnic area, use restrictions 13.04.170 Property, use restrictions 13.04.120 Purpose 13.04.010 Sanitation requirements 13.04.140 Section closure when 13.04.200 Swimming restrictions 13.04.160 Vehicle requirements 13.04.150 Violation, penalty 13.04.240 PATIO SALE See GARAGE, PATIO SALE PEDESTRIANS Administration 11.09.020 Adult school crossing guards obedience to, required 11.09.060 positioning 11.09.050 Defined 11.09.010 Violation, penalty 11.09.090 PEDDLER Business license See also BUSINESS LICENSE fee 5.04.400 PENALTY Code violation 1.12.010 Nuisance abatement 1.12.030 Separate offense 1.12.020 PERFORMANCE Business license See also BUSINESS LICENSE fee 5.04.340 PERMIT See also BUSINESS LICENSE Advertisement, handbill distribution 10.52.030 Alcoholic beverages, gasoline concurrent sales 5.44.030 2007 S-13 Animal dangerous, vicious 8.08.085, 8.08.460 establishment 8.08.380 vicious 8.08.085, 8.08.460 Bingo 5.32.190 Encroachment 14.08.030 Explosives 10.20.010 Firearm 10.76.010 Fire code, designated activities 16.40.090 Grading 16.08.030 Moving buildings 16.36.020 Newsrack 10.21.080 Off-street vehicle 11.10.011 Parade 10.44.030 Park, building 13.04.140 Parking See PARKING Private patrol 5.24.020 Restaurant, food establishment 9.04.020 Sign 17.12.020 Solicitor identification 5.20.030 Streamside modification 9.19.030 Swimming pool 16.32.070 Taxicab driver 5.28.160 operation 5.28.060 Temporary parking 11.24.220 Toxic gas storage, use 16.42.060 Trees 22 care 14.12.060 removal from street area 14.12.085 Watercourse, discharge into, NPDES permit 9.18.080 Water system connection 15.12.080 PERSONNEL Accruals credits, retained 2.52.080 Authority city manager 2.52.100 council 2.52.090 Child care expense reimbursement, granted specified officers 2.72.010 City rights 2.52.310 Communication with See COMMUNICATION WITH CITY See OFFICIALS Council, rights, powers 2.52.350 Definitions 2.52.290 Employee organization appropriate unit determination 2.52.470 formal recognition petition 2.52.450 representative determination 2.52.480 rights 2.52.300 33 emergency response team drills 16.42.160 required, composition, duties 16.42.150 maintenance, testing requirements 16.42.170 security 16.42.100 Regulated materials classification 16.42.200 criteria 16.42.040 Storage, use See also Facility breathing apparatus 16.42.110 compliance plan, permit required, fees, information required 16.42.060 time limits 16.42.070 exterior storage, tank requirements 16.42.260 fire protection requirements 16.42.190 flow restricting orifice requirements 16.42.180 leak testing, protective plugs, caps 16.42.130 prohibitions 16.42.050 separation of incompatible materials 16.42.120 tank cars 16.42.270 Violation, penalty 16.42.290 TRACTOR Sales, repair, service, business license See also BUSINESS LICENSE fee 5.04.540 TRAFFIC Cruising definitions 11.30.010 exemptions 11.30.020 prohibited 11.30.030 violation, penalty 11.30.040 Curb opening closure authority 11.36.030 hearing appeal 11.36.060 authorized 11.36.050 notice contents 11.36.040 provisions nonexclusive 11.36.020 purpose, definitions 11.36.010 Diverters 14.04.125 Downtown area See Cruising Driveway opening See Curb opening closure Engineer See TRAFFIC ENGINEER Intersections, blocking prohibited 11.24.240 Loading zones See Parking Median closure Index See Curb opening closure Parking See PARKING Road bumps administrative authority designated 11.34.020 defined 11.34.010 installation where, criteria 11.34.030 Road construction, traffic regulations 11.36.070 Speed bumps See Road bumps Speed limits authority, declaration 11.12.020 established 11.12.030 purpose of provisions 11.12.010 signing 11.12.040 Stop intersection all directional, designated, required action 11.20.030 designated, required action 11.20.020 purpose of provisions 11.20.010 signing 11.20.040 Stopping, standing See PARKING Truck routes compliance required 11.32.030 established 11.32.020 pickups, deliveries, exceptions 11.32.070 truck defined 11.32.010 unrestricted highways designated 11.32.050 use regulations generally 11.32.060 vehicle types excepted 11.32.080 vehicle weighing authority 11.32.040 violation, penalty 11.32.090 TRAFFIC ENGINEER Bicycle lane sign erection 11.08.260 Parking curb marking, sign authority 11.26.040 handicapped parking space approval 11.26.100 loading space establishment authority 11.26.070 space marking authority 11.26.060 TRANSIENT OCCUPANCY TAX Collection action 3.12.130 Definitions 3.12.020 Failure to collect and report appeal 3.12.100 determination 3.12.090 Imposition 3.12.030 Operator duty 3.12.050 Penalty, interest 3.12.080 Records retention, access 3.12.110 Refund condition 3.12.120 Cupertino -Index Registration 3.12.060 Reporting, remitting 3.12.070 Short title 3.12.010 Violation, penalty 3.12.140 TRAPS See ANIMAL TREASURER, CITY Conflict of interest 2.64.020 Franchise pipeline inspection 6.04.050 Investment authority 2.24.050 Monthly statements required 2.24.030 Oath of office, bond 2.24.040 Payment, procedure 2.24.020 Responsibility for city moneys 2.24.010 TREASURER, COUNTY Assessment collection responsibility 3.16.010 TREE See STREETS AND SIDEWALKS TREES TREES Protected Trees actions prohibited 14.18.025 definitions 14.18.020 designation of trees 14.18.040 general policy of preservation 14.18.030 heritage tree list 14.18.050 identification tagging 14.18.080 plan of protection 14.18.060 protected trees 14.18.035 protection during construction 14.18.190, 14.18.200 purpose of provisions 14.18.010 records 14.18.070 removal application 14.18.150, 14.18.170 approvalauthoriry 14.18.130 enforcement authority 14.18.130 exemptions 14.18.140 notice of decision 14.18.220 noticing 14.18.175 retroactive permit 14.18.188 review 14.18.180 violation, penalty 14.18.230 Tree Management Plan 14.18.145 tree replacement 14.18.185 2007 S-13 34 Street tree regulations appeals 14.12.130 building permit requirements condition of issuance 14.12.110 fee 14.12.120 compliance required 14.12.035 definitions 14.12.020 destruction, damage prohibited 14.12.095 enforcement 14.12.030 maintenance by property owners 14.12.055 master tree list 14.12.040 nuisance conditions 14.12.100 permit for maintenance 14.12.060 planting specifications 14.12.050 purpose of provisions 14.12.010 removal permit, notice 14.12.085 replacement 14.12.090 trimming business licensing 14.12.080 utility companies, permit to trim 14.12.070 violation, penalty 14.12.140 TRESPASSING Shopping center defined 10.56.010 enforcement powers not affected 10.56.050 exception 10.56.030 unlawful actions 10.56.020 violation, penalty 10.56.070 - U - UNDERGROUND UTILITIES Conversions city responsibility 14.20.100 company responsibility 14.20.080 exceptions designated 14.20.060 when 14.20.050 notice required 14.20.070 property owner responsibility 14.20.090 public hearing 14.20.020 time extension when 14.20.110 unlawful acts 14.20.040 violation, penalty 14.20.120 District designation 14.20.030 New developments definitions 14.24.020 35 exception administrative 14.24.060 generally 14.24.040 use permit 14.24.070 zones 14.24.050 intent 14.24.010 required 14.24.030 transition clause 14.24.080 URINATION, DEFECATION Definitions 10.30.010 Prohibited where 10.30.020 Violation, penalty 10.30.030 UTILITIES See FRANCHISE See SEWER See UNDERGROUND UTILITIES See WATER UTILITY USERS EXCISE TAX Administration, scope, authority 3.34.100 Benefit declaration 3.34.150 Collection debt to city, actions permitted 3.34.150 due date, delinquency, penalties 3.34.070 procedure generally 3.34.090 Conflicting provisions, resolution 3.34.190 Construance of provisions 3.34.200 Definitions, 3.34.010 Duration, term 3.34.160 Exemptions designated 3.34.020 partial, criteria 3.34.060 Grammatical interpretation of provisions 3.34.140 Imposed, rate, applicability See also Exemptions electricity users tax 3.34.040 gas users tax 3.34.050 telephone users tax 3.34.030 Payment See also Collection failure, assessment when, effect 3.34.110 Powers deemed additional 3.34.180 Proceeds, revenue measure, disposition 3.34.170 Purpose of provisions 3.34.005 Recordkeeping requirements 3.34.120 Refund, criteria, procedure 3.34.130 Tax See also Specific Subject administrator defined 3.34.020 Index Validity of proceedings, tax actions, proceeding limitation 3.34.220 generally 3.34.210 -- V -- VEHICLE See also PARKING See also 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 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 purpose of provisions 11.37.010 Peddler, restrictions 5.20.120 Taxicab See TAXICAB 150 11.37.060 2007 S-13 Cupertino -Index VENDING MACHINE Business license See also BUSINESS LICENSE fee 5.04.360 VENDORS, MOBILE 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 See WATERCOURSE POLLUTION See PREVENTION WATER See also FRANCHISE See also SEWER See also WATERCOURSE POLLUTION See also PREVENTION Conservation defmitions 15.32.020 emergency shutoff 15.32.050 findings 15.32.010 prohibited acts 15.32.030 violation, penalty 15.32.060 Rates, charges appeals 15.04.050 definitions 15.04.010 determination criteria 15.04.020 establishment procedure 15.04.030 exceptions generally 15.04.040 imposition authority 15.04.020 modifications, establishment procedure 15.04.030 pass-throughs authorized when 15.04.040 Resource protection definitions 9.19.020 purpose 9.19.010 streamside modification permit 9.19.030 guidelines and standards 9.19.040 time limit for commencing use of 9.19.050 2007 S-13 36 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 NPDES permit See Discharges Purpose of provisions 9.18.010 Storm drain discharge regulations 9.18.030 Stormwater BMP Failure to maintain 9.18.190 Inspection and maintenance easement 9.18.200 Inspection responsibility 9.18.170 Operation and maintenance agreement 9.18.160 Operation and maintenance responsibility 9.18.150 Records of maintenance and inspection activities 9.18.180 Stormwater pollutant source control BMPs 9.18.210 Stormwater management plan Contents 9.18.130 Preparation of 9.18.140 Required for Group 1 and Group 2A/2B projects 9.18.120 Stormwater pollution prevention Design and selection of best management practices 9.18.110 Permanent prevention measures required 9.18.100 Plan 9.18.090 Violation See also Discharges administrative penalties 9.18.260 civil penalties illicit discharges 9.18.240 provisions, permit violation 9.18.230 misdemeanor 9.18.220 notice, contents 9.18.250 36A WEAPON See FIREARM WEEDS See also PROPERTY MAINTENANCE Abatement assessment collections as tax 9.08.100 hearing 9.08.090 notice, posting, mailing 9.08.080 responsibility 9.08.070 authority, procedure 9.08.060 hearing 9.08.050 notice form designated 9.08.030 mailing 9.08.040 property damage, notice of improvements 9.08.110 Defined, prohibited 9.08.010 Nuisance, abatement required 9.08.020 WIRELESS COMMUNICATIONS FACILITIES See ZONING - Z -- ZONING A-1 zone applicability of provisions 19.20.020 conditional uses 19.20.040 designated 19.12.010 interpretation of provisions 19.20.090 permitted uses 19.20.030 prohibited uses 19.20.050 purpose 19.20.010 site development regulations 19.20.060 solar designs 19.20.080 yard regulations 19.20.070 Accessory building, structure applicability of provisions 19.80.010 generally 19.80.020 second story deck exception 19.80.040 Accessory facilities A-1 zone 19.20.030 A zone 19.16.030 GC zone 19.56.030 OA zone 19.76.030 PR zone 19.68.030 R-2 zone 19.32.030 R-3 zone 19.36.030 RHS zone 19.40.030 Index 2007 S-13