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2007 S-12CUPERTINO, CALIFORNIA Instruction Sheet 2007 S-12 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE 2: ADMINISTRf~TION AND PERSONNEL 53, 54 53, 54 TITLE 9: HEALTII AND SANITATION 1, 2 1, 2 - - 38I, 38J TITLE 11: VEHICLES AND TRAFFIC 27 through 30 27 through 30 TITLE 16: BUILDINGS AND CONSTRUCTION 39, 40 TITLE 1.7: SIGNS 5 through 12 15 through 20 23 through 28 APPENDIX: TABLES 39, 40 5 through 12 15 through 20 23 through 28 Comprehensive Ordinance List 37, 38 INDEX 21, 22 35, 36 37, 38 21, 22 35, 36 kco 04/07 CITY OF CUPER7,IN0, CALIFORNIA MUNICII?AL CODE 2007 S-12 Supplement contains: Local legislation current throu;;h Ordinance 1999, passed 4-3-07 AMERICAN LEGAL PUl3LISHING CORPORATION 432 Walnut Street Cincinnati, l~hio 45202-3909 (800) 445-5588 2.74.010 CHAPTER 2.74: CUPERTINO TECHNOLOGY, INFC-RMATION, AND COMMUNICATIONS COMMISSION* Section 2.74.010 Established. 2.74.020 Term of office. 2.74.030 Vacancy-Removal. 2.74.040 Meeting-Quorum-Officers-Staff. 2.74.050 Records. 2.74.060 Duties, powers and responsibilities 2.74.070 Budget. 2.74.080 Effect. Prior ordinance history: Ords. 1099, 1166, 1167, 1233, 1280, 1321, 1465 and 1697. 2.74.010 Established. The Technology, Information, and Communications Commission (formerly Telecommunications Commission of the City) is established and shall consist of seven members from among the qualified electors of the City, none of whom shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. Members of the Technology, Information, and Communications Commission shall be appointed by the City Council. (Ord. 1995, (part), 2007; Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2.74.020 Term of Office. A. Commissioners serve at the pleasure of the City Council. The term of office of the members of the Technology, Information, and Communications Commission shall be for four years and shall end on January 30th of the year their term is due to expire. No commissioner shall serve more than two consecutive terms except that a commissioner may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired term of less than two years. B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by Resolution No. 7571 of the Cupertino City Council. (Ord. 1974, § 4 (part), 2006; Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2.74.030 Vacancy-Removal. Any member may be removed by a majority vote of the City Council. If a vacancy occurs other than by expiration of a term vacancies shall be filled by appointment of the City Council and shall be for the unexpired portion of the term of office vacated. (Ord. 1965, (part), 2005; Ord. 1714, (part), 1996) 2.74.040 Meeting-Quorum-Officers-Staff. A. The Technology, Information, and Communications Commission shall hold regular meetings at least once every three months and at the discretion of the Commission shall hold other meetings as may be necessary or expedient. A majority of the Commission shall constitute a quorum for the purpose of transacting the business of the Commission. B. The Commission shall elect a chairperson and a vice chairperson, both of whom shall serve at the pleasure of the Commission. The terms of office shall be for one year. C. The City Manager shall appoint a staff member to attend Commission meetings and to provide liaison and support as needed. D. The Foothill-De Anza Community College District shall appoint a staff member to attend Commission meetings and to provide liaison and support as needed. (Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2.74.050 Records. The Technology, Information, and Communications Commission shall keep an accurate record of its proceedings and transactions, and through the Public Information Officer shall render such reports to the City Council as may be required. Commission proceedings shall be public record and a copy of which shall be filed with the City Clerk. (Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2.74.060 Duties, Powers and Responsibilities. The Cupertino Technology, Information, and Communications Commission shall have the following duties, powers and responsibilities, and such others as the 53 2007 S-12 2.74.060 Cupertino -Administration and Personnel 54 members shall be entrusted with by the City Council from time to time. The commission shall: 1. Advise the City Council and City Manager on all matters relating to technology, information, and communications within the city of Cupertino; 2. Evaluate compliance with any franchise or other agreement between the City and technology, information, and communications providers and make recommendations to the City Council; 3. Conduct periodic reviews of technology, information, and communications providers, facilities and products and make recommendations on such subjects to the City Council; 4. Recommend amendments to the City's telecommunications policy of the City Council; 5. Serve as a liaison between the City, the public and the technology, information, and communications providers in enhancing information and education. Such activities include providing an opportunity for input to residents and disseminating noncommercial, educational materials about technology, information, and communications services; 6. At the request of the City Manager, provide assistance in examining methods to obtain equivalent franchise fees or other economic benefits from service providers; 7. Provide support for community access television, especially public and educational access, and give guidance when needed for development and implementation of access channels and programming; 8. Recommend ways to foster the City's best use of technology, information, and communications infrastructure and services for the maximum benefit of the community. 9. Provide education to the community on the use of technology, information, and communications infrastructure and services. (Ord. 1965, (part), 2005: Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2.74.080 Effect. Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the City Council or City officers or the delegation to the Technology, Information, and Communications Commission of any authority or discretionary powers empowered by law on such Council or officers. (Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2.74.070 Budget. The Technology, Information, and Communications Commission shall submit an annual budget to the City Council for its review and approval. All expenditures require the approval of the City Manager or his designee. Any grants for program production or other purposes require the approval of the City Council. (Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2005 S-6 TITLE 9: HEALTII AND SANITATION Chapter 9.04 Restaurant!. and Food Establishments 9.06 Massage Establishments and Services 9.08 Weed Abatement 9.12 Hazardous Materials Storage 9.18 Stormwatei• Pollution Prevention and Watershed Protection 9.19 Water Resa~urce Protection 9.20 Off-Site Hazardous Waste Facilities 9.22 Property Maintenance 2007 S-12 9.19.010 CHAPTER 9.19: WATER RESOURCE PROTECTION Section 9.19.010 Purpose. 9.19.020 Definitions. 9.19.030 Streamside modification permit. 9.19.040 Streamside modification permit-guidelines and standards. 9.19.050 Time limit for commencing use of permit. 9.19.010 Purpose. This chapter establishes the requirement to obtain a streamside modification permit under certain conditions for modifications to streamside properties within the City and establishes procedures for the administration and issuance of such permits. (Ord. 1992, (part), 2007) G. "Riparian vegetation. " Vegetation growing on or near the banks of a stream or other body of water on soils that exhibit some wetness characteristics during some portion of the growing season. H. "Stream." A body of water that flows at least periodically or intermittently through a bed or channel having banks. The body of water may include a surface or subsurface flow that supports or has supported riparian vegetation, fish and/or aquatic life. I. "Streamside modification permit. " The permit issued by the Ciry to the applicant required for undertaking any modifications on streamside properties. J. "Streamside properties." All prolerties containing or abutting a stream. (Ord. 1992, (part), 2007) 9.19.020 Definitions. For the purposes of this chapter, the definitions contained in Section 9.18.020 shall apply to this chapter in addition to those definitions contained in this section. The following words and phrases shall have meanings ascribed to them by this section, unless the context or provision clearly requires otherwise. A. "Bank. " The portion of the stream cross section that restricts lateral movement of water. B. "Development."Aland development or land development project. C. "Director of Public Works." The Director of Public Works and his or her duly authorized agents and representatives. D. "Guidelines and Standards." A set of model guidelines, standards, procedures, and recommendations developed for land use activities near streams, for streamside properties, and for the protection of streams and streamside resources. E. "Modification. " Any alteration to streamside properties or structures therein, including but not limited to activities that are part of a development. F. "Person." Any person, firm, association, organization, partnership, business trust, joint venture, corporation or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any officer or agency thereof. 9.19.030 Streamside Modification Permit. A. Permit Required. No person shall do or cause to be done any modification located on properties adjacent to a stream unless a streamside modification permit for the modification has been issued and is in effect. A streamside modification permit applies to the property for which it was issued and therefore transfers when the property ownership is transferred, unless its specific conditions provide otherwise. B. Exceptions. The following modifications are exempt from the requirement of obtaining a streamside modification permit, if the modification is not within a stream including up to the top of bank. 1. Less than three cubic yards of earthwork provided it does not damage, weaken, erode or reduce the effectiveness of the stream to withhold storm and flood waters. 2. A fence that is six feet or less in height or is otherwise permitted by the City. 3. An accessory structure 120 square feet or less in size. 4. Interior or exterior additions or alterations to structures within the existing footprint. 5. Landscaping on existing single-family lots. C. Applications. All requests for a stream modification permit must be filed with the City on an application form established and maintained by the Ciry. The 38I 2007 S-12 9.19.030 Cupertino -Health and Sanitation person proposing the modification for which the permit is required must sign the application. In the case of an application filed by a public agency, the person duly authorized to make such application must sign the application. D. Conditions of Approval. A stream modification permit will be issued subject to the conditions required by the City and the conditions will be commensurate with the nature and magnitude of the request and may include a time limit on the life of the permit. (Ord. 1992, (part), 2007) 9.19.040 Streamside Modification Permit-Guidelines and Standards. A. Adoption. The Council shall adopt by resolution and may from time to time amend by resolution a comprehensive set of guidelines and standards as defined in Section 9.19.020 which shall form the basis for the evaluation of land use on Streamside properties and the issuance as appropriate of streamside modification permits. B. The application of the guidelines and standards shall be administered by the Director of Public Works in accordance with the purpose of this chapter. C. Notwithstanding the criteria provided in the guidelines and standards, the Director of Public Works is authorized to make adjustments in the criteria and provisions of the guidelines and standards, if in his or her professional opinion, such adjustments are necessary to fit the specific conditions of the property for which the streamside modification permit is to be issued. (Ord. 1992, (part), 2007) 9.19.050 Time Limit for Commencing Use of Permit. Unless specific language in stream modification permit provides otherwise, the permit shall expire 730 days after its effective date unless the permittee has preformed substantial work incompliance with the conditions of the permit. (Ord. 1992, (part), 2007) 38J 2007 S-12 11.24.010 CHAPTER 11.24: STOPPING, STANDiING AND PARKING--PUBLIC STREETS* Section 11.24.010 Purpose. 11.24.020 Scope. 11.24.030 Definitions. 11.24.040 Curb markings and signs designated. 11.24.050 Obedience to signs. 11.24.060 Prohibited at certain locations. 11.24.070 Parking space markings. 11.24.080 Authority to establish loading zones. 11.24.090 Loading zones-Marking. 11.24.100 Passenger loading zones. 11.24.110 Spaces restricted to handicapped persons. 11.24.120 Prohibited in parkways. 11.24.130 Prohibited for more than seventy-two hours. 11.24.140 Parking for purposes of servicing or repairing. 11.24.150 Parking prohibited along certain streets. 11.24.160 Prohibited during certain hours. 11.24.170 Limitations on certain streets. 11.24.180 Diagonal parking. 11.24.190 Off-street parking for handicapped persons. 11.24.200 Removal of vehicles from street. 11.24.210 Violation-Penalty. 11.24.220 Temporary parking zones-Permit procedure. 11.24.230 Parking prohibited where use of street is necessary for cleaning or repair. 11.24.240 Blocking of intersections prohibited. For statutory provisions relating to stopping, standing and parking, see Veh. Code § 22500 et seq. For provisions regarding the parking or leaving of vehicles in public parks, see Ch. 13.04 of this code; for provisions regarding the enforcement of parking regulations, see Ch. 2.30. Prior ordinance history: Ord. 381. 11.24.010 Purpose. The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times, or at those times herein specified, except when it is necessary either to stop a vehicle to avoid conflict with other traffic, or in compliance with the directions of a law enforcement officer or official traffic-control device. (Ord. 843, § 4.1, 1977) 11.24.020 Scope. The provisions of this chapter imposing a time limit on stopping, standing, or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code of the state, or the ordinances of the City prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times. (Ord. 843, § 4.2, 1977) 11.24.030 Definitions. The following words and phrases when used in this chapter shall have the meanings set forth in this section: A. "Emergency" means a situation in which immediate, temporary, small-scale maintenance is necessary in order to permit an otherwise operable vehicle to continue, such as changing a flat tire, jump-starting a dead battery, or adding water to an overheated radiator. An emergency situation shall not be construed to permit work on, or storage of, a vehicle which could be towed to an appropriate location for repair or servicing. B. "Display for sale" means to place, store, park, or cause to be placed, stored or parked, for the primary purpose of selling such vehicle or part thereof, as opposed to parking such vehicle temporarily for the purpose of carrying out incidental errands or other temporary tasks. It shall be a rebuttable presumption affecting the burden of proof, that any vehicle, or part thereof, displaying a "For Sale" Parking limited alongsign, or displaying a sign containing information about price, conditions, or telephone number, has been parked or placed for the primary purpose of sale. 27 2007 5-12 11.24.030 Cupertino -Vehicles and Traffic 28 C. "Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purpose of vehicular travel. "Highway" includes street. D. "Holidays" means the first day in January, Memorial Day, Independence Day, Admission Day, Labor Day, Thanksgiving Day, and Christmas. E. "Intersection" means the area embraced within the prolongation of the lateral curblines, or, if none, then the lateral boundary lines of the roadways, of two highways which join one another at approximately right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. F. "Park" means to stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials. G. "Parkway" means that portion of a street other than a roadway or sidewalk. H. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel. I. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel. J. "Stop" or "stopping" when prohibited means any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic-control device or signal. K. "Street" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Street" includes highway. L. "Vehicle" means any passenger cars, trucks, vans, buses, motor homes, trailers, motorcycles, all-terrain vehicles and boats, as well as parts and accessories thereof, including but not limited to camper shells, boat trailers, tires, seats, and other similar items. (Ord. 1394, § 1 (part), 1986; Ord. 843, § 2, 1977) not consume more than three minutes, nor the loading or unloading of materials more than twenty minutes, unless the City Traffic Engineer has caused signs to be posted giving notice of different period in which the restrictions shall apply. C. Passenger Loading Zone. White means no stopping, standing, or parking for any purpose other than the loading or unloading of passengers, which shall not exceed three minutes, unless the City Traffic Engineer has caused signs to be posted giving notice of a different period in which the restrictions shall apply. D. Restricted Parking Zone. Green means no stopping, standing, or parking for longer than twelve minutes at any time between seven a.m. and six p.m. on any day except Sundays and holidays, unless the City Traffic Engineer has caused signs, markings, or curb markings and signs to be posted giving notice of a different period in which the restrictions apply. E. Handicapped Parking Zone. Blue means no stopping, standing, or parking except for vehicles of physically handicapped persons. F. Temporary Parking Zone. Notwithstanding any other curb markings or signs placed pursuant to this chapter, the Hearing Officer may designate an area or areas to be a temporary parking zone, upon compliance with the procedures set forth in Section 11.24.220. Within an area in which appropriate signs or markings have been placed indicating a temporary parking zone, the terms and provisions noted thereon shall supersede all other parking ordinances and regulations inconsistent therewith. (Ord. 903, (part), 1978; Ord. 843, § 3, 1977) 11.24.050 Obedience to Signs. Whenever signs have been erected, pursuant to Sections 11.24.040 through 11.24.110, no person shall stop, stand, or park any vehicle in the area designated by such signs. (Ord. 843, § 9.2, 1977) 11.24.040 Curb Markings and Signs Designated. The City Traffic Engineer is authorized, subject to the provisions and limitations of this chapter, to place, and when required in this chapter shall place the following curb markings or curb markings and signs to indicate parking or standing regulations, and the curb markings shall have the meanings as set forth in this section. A. No-parking Zone. Red means no stopping, standing, or parking at any time except as permitted by the Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone. B. Loading Zone. Yellow means no stopping, standing or parking for any purpose other than the loading or unloading of passengers or materials to and from commercial vehicles making commercial deliveries; provided, that the loading or unloading of passengers shall 11.24.060 Prohibited at Certain Locations. A. It is unlawful for any person to stop, stand, or park any vehicle as defined in the Vehicle Code of California, at any time when the City Traffic Engineer has erected signs or placed markings giving notice that parking is prohibited at any place within a distance not to exceed fifty feet of: 1. An intersection crosswalk in any commercially zoned area; or, 2. The approach to any traffic signal, boulevard stop sign, or official electric flashing device; or, 3. Either or both sides of any driveway approach; or, 4. The curb return at the intersection of any two streets. B. The City Traffic Engineer shall give notice of the 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. 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; Ord. 1152, (part), 1981; Ord. 2007 S-12 11.24.150 Cupertino -Vehicles and Traffic 30 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; Ord. 1990, 2006) 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 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 2006 S-11 16.28.010 CHAPTER 111.28: FENCES* Section 16.28.010 Purpose. 16.28.020 Definitions. 16.28.030 Fence location and height for zones requiring site review. 16.28.040 Fence location and height for zones not requiring site review. 16.28.045 Roadway and driveway gates. 16.28.050 Proximity of plants and fences to public streets. 16.28.060 Exceptions. 16.28.065 Temporary fences for construction. 16.28.070 Violation-Penalty. 16.28.080 Prohibited fences. For statutory provisions making fences taller than ten feet a nuisance, see Civil Code § 841.4. Prior ordinance history: Ords. 112, 686, 852, 1179, 1630, 1637 and 1777. 16.28.010 Purpose. The purpose of this chapter is to regulate the location and height of fences and vegetation in yards of all zoning districts in order to protect the safety, privacy, and property values of residents and owners of properties within any zoning district of the city, including but not limited to residential, commercial, offices, institutional, industrial and/or agricultural properties. (Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998) 16.28.020 Definitions. The words and terms used in this chapter shall have the following meanings unless the context clearly indicates otherwise: A. "Demonstrated safety" means a condition requiring protection from the threat of danger, harm, or loss, including but not limited to the steepness of a roadway or driveway that may create a hazardous parking situation in front of a gate. B. "Demonstrated security" means a condition requiring protection from the potential threat of danger, harm or loss, including but not limited to a location that is isolated and invisible from public view or that has experienced documented burglary, theft, vandalism or trespassing incidences. C. "Fence" means aman-made structure which is designed, intended or used to protect, defend or obscure the interior property of the owner thereof from the view, trespass or passage of others upon that property. D. "Fence height" means the vertical distance from the highest point of the fence (excluding post caps) to the fmish grade adjoining the fence. In a case where the finish grade is different for each side of the fence, the grade with the highest elevation shall be utilized in determining the fence height. E. "Plant" means a vegetative matter. F. "Setback area, required front" means the area extending across the front of the lot between the front lot line and a line parallel thereto. Front yards shall be measured either by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. The front of the lot is the narrowest lot line from a public street. G. "Setback area, required rear" means the area extending across the full width of the lot between the rear lot line and the nearest line or point of the main building. H. "Setback area, required side" means the area between the side lot line and the nearest line of the building, and extending from the front setback line to the rear setback line. (Ord. 1979, (part), 2006; Ord. 1788, § 1(part), 1998) 16.28.030 Fence Location and Height for Zones Requiring Site Review. A. The Design Review Committee, Planning Commission and City Council shall have the authority to require, approve, or disapprove wall and fencing plans including location, height and materials in all zones requiring design review. B. The basic design review guidelines for the review of fences and walls are as follows: 1. Fences and walls separating commercial, industrial, offices, and institutional zones from residential zones shall be constructed at a height and with materials designed to acoustically isolate part of or all noise emitted by future uses within the commercial, industrial, offices, or institutional zones. The degree of acoustical isolation shall be determined during the design review process. 39 2006 S-8 16.28.030 Cupertino -Buildings and Construction 40 2. Fences and walls separating commercial, industrial, offices, and institutional zones from residential zones shall be constructed at a height and with materials designed to ensure visual privacy for adjoining residential dwelling units. The degree of visual privacy shall be determined during the review process. 3. Fences and walls shall be designed in a manner to provide for sight visibility at private and public street intersections. (Ord. 1979, (part), 2006; Ord. 1844, § 1 (part), 2000; Ord. 1788, § 1 (part), 1998) 16.28.040 Fence Location and Height for Zones Not Requiring Site Review. A. In the case of an interior residential lot, a maximum six-foot-high fence shall be permitted in the rear yard setback area and in the side yard setback areas. A maximum three-foot-high fence, measured from finish grade, shall be permitted in the front yard setback area. B. In the case of a corner residential lot, a maximum six-foot-high fence shall be permitted in the required rear yard setback area and on the side yard lines, excepting that fence heights within the side yard setback area adjacent to a public street shall be regulated as described below. No portion of a fence shall extend into the front yard setback area or forty-foot corner triangle. 1. Situation in which the rear property line adjoins a rear property line: The minimum side fence setback line for asix-foot-high fence shall be five feet from the property line. 2. Situation in which the rear property line adjoins the side property line of a key lot: The minimum side fence setback line shall be five feet from the property line, except that the setback line within ten feet of an adjacent side property line shall be maintained at twelve feet. 3. A fence not exceeding three feet in height measured from finish grade can be constructed on any location within a required yard except the forty-foot corner triangle. C. Where asix-foot fence is allowed, an eight-foot- high fence can be constructed in lieu thereof subject to building permit approval and upon receipt of written approval from adjacent property owners. D. In the case of parcels zoned residential hillside (RHS) or open space (OS), the fences shall be governed by Section 19.40.080. (Ord. 1979, (part), 2006) 16.28.045 Roadway and Driveway Gates. Roadway and driveway gates maybe approved through a fence exception if the development meets any one of the following conditions: is a mixed-use development, where the parking for different uses needs to be separated to assure availability of parking for each use; if a development includes abelow-grade parking structure, where the gates are required to secure the below grade parking; if gates are required for a development to obtain federal or state funding; if the development is secluded; if the electronic gates are needed for demonstrated security and/or demonstrated safety reasons; or if the electronic gates were in existence prior to September 20, 1999. Additionally, roadway and driveway gates in residential areas approved by a fence exception shall be set back a minimum of 30 feet from the front and/or street side property lines and shall provided evidence the gates are needed for demonstrated security and/or demonstrated safety reasons. All roadway and driveway gates approved by a fence exception shall also be required to comply with the Fire Department Standard Details and Specifications for Security Gates for access roadways and driveways. (Ord. 1979, (part), 2006; Ord. 1833, 1999; Ord. 1802, (part), 1999) 16.28.050 Proximity of Plants and Fences to Public Streets. The proximity of plants and fences to public streets shall be controlled by the provisions of Chapter 14.08 of the Municipal Code. (Ord. 1979, (part), 2006; Ord. 1788, § 1 (part), 1998) 16.28.060 Exceptions. Where practical difficulties, unnecessary hardships, or results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions may be granted as provided in this section. A. Application and Fee. Application shall be made in writing to the Design Review Committee on a form prescribed by the Director of Community Development. The application shall be accompanied by a fee as prescribed by City Council resolution. B. Public Hearings. Upon receipt of an application for exception, the Director of Community Development shall set a time and place for a public hearing before the Design Review Committee and order the public notice thereof. Mailed written notice of the hearing on the fence exception shall be given by the Director of Community Development to all owners or record of real property (as shown in the last assessment roll) which abut the subject property, as well as property and its abutting properties to the left and right, directly opposite the subject property and located across a street, way, highway or alley. Mailed notice shall include owners of property whose only contiguity to the subject site is a single point. Said notice shall be mailed by first class mail at least ten days prior to the Design Review Committee meeting in which the application will be considered. The notice shall state the date, time and place of the hearing. A description of the fence exception shall be included in the notice. If the 2007 S-12 Repl . 17.08.010 CHAPTER 17.08: DEFINITIONS Section 17.08.010 Definitions. 17.08.010 Definitions. "Advertising statuary" means a structure or device of any kind or character for outdoor advertising purposes which displays or promotes a particular product or service, but without name identification. "Alteration" means any permanent change to a sign. "Animated sign" means any sign which projects action, motion or the illusion thereof, changes intensity of illumination or changes colors, including the likes of balloons, banners and flags, and blowing or air-powered attractions, but excluding electronic readerboard signs and signs that display the current time or temperature. "Architectural projection" means any permanent extension from the structure of a building, including the likes of canopies, awnings and fascia. "Banner" means a temporary advertising display consisting of fabric, canvas, plastic or paper material which is attached to a building, vehicle, pole or other form of support. "Building frontage" means the length or the surface of the building wall which faces, and is visible to the general public from, a public right-of-way. "Changeable copy sign" means any sign, or portion thereof, which provides for each manual changes to the visible message without changing structural surfaces, including the likes of theater marquees and gasoline service station price signs, but excluding electronic readerboard signs and signs which display the current time or temperature. "Change of face" means any changes to the letter style, size, color, background, or message. "Commercial district" means an area of land designated for commercial use in the current Cupertino General Plan. "Community organization" means a nonprofit organization based in the City and whose activities benefit the City, its residents, employees, or businesses located therein. "Comer lot" means a lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines. "Corner triangle" means atriangular-shaped area of land adjacent to an intersection of public rights-of--way, as further defined in Cupertino Standard Details Drawings Nos. 7-2 and 7-4. Unobstructed views over these areas are essential to the public safety for bicyclists, motorists and pedestrians. (See Appendix A-5, Cupertino Standard Detail 7-2; Corner Triangle--Controlled Intersections, and A-6, Cupertino Standard Detail 7-4; Corner Triangle-- Uncontrolled Intersections, both on file in the office of the City Clerk and the Planning Department, for details.) "Decorative statuary" means any structure or device of any kind or character placed solely for aesthetic purposes and not to promote any product or service. "Directional sign" means any sign which primarily displays directions to a particular area, location or site. "Director" means the Director of Community Development for the City or any authorized representative thereof. "Directory sign" means any outdoor listing of occupants of a building or group of buildings. "Electronic readerboard sign" means an electronic sign intended for aperiodically-changing advertising message. "Flag" means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity. "Flag lot" means a lot having access to a street by means of a driveway or parcel of land not otherwise meeting the requirements of Title 19 of the Cupertino Municipal Code for lot width. "Foot-lambert" means a unit measurement of the brightness of light transmitted through or reflected from an object or surface. "Freeway" means any public roadway so designated by the State of California. All freeways in the City are considered "landscaped freeways." "Freeway oriented sign" means any sign which is located within six hundred sixty feet and visible from a freeway right-of-way as defined by Section 5200 of the California Business and Professions Code. "Garage sale signs" means any sign used for advertising a garage or patio sale as defined in Chapter 5.16 of the Cupertino Municipal Code. 2007 S-12 17.04.010 Cupertino -Signs 6 "Gasoline service station" means any place of business which offers for sale any motor vehicle fuel to the public. "Ground sign" means any sign permanently affixed to the ground and not supported by a building structure. "Identification sign" means any sign whose sole purpose is to display the name of the site and the names of the occupants, their products or their services. "Illegal sign" means any sign or advertising statuary which was not lawfully erected, maintained, or was not in conformance with the provisions of this title in effect at the time of the erection of the sign or advertising statuary or which was not installed with a valid permit from the City. "Illuminated sign" means any sign utilizing an artificial source of light to enhance its visibility. "Industrial district" means all ML districts and any other zoning classifications which are consistent with the industrial designation of the Cupertino general plan. "Informational sign" means any sign which promotes no products or services, but displays service or general information to the public, including the likes of hours of operation, rest room identifications and hazardous warnings. "Institutional district" means all BQ, PR, FP, and BA districts and other zoning classifications and uses which are considered institutional in nature and are consistent with the institutional or quasi-public designation of the general plan. "Interior lot" means a lot other than a corner lot. "Nonconforming sign" means any sign or advertising statuary that was legally erected and had obtained a valid permit in conformance with the ordinance in effect at the time of the erection of the sign but which became nonconforming due to the adoption of the ordinance codified in this title. "Obsolete sign" means any sign that displays incorrect or misleading information, promotes products or services no longer available at that site or identifies departed occupants. "Off-site sign" means any sign not located on the premises of the business or entity indicated or advertised by the sign. This definition shall include billboards, poster panels, painted bulletins and other similar advertising displays. "Office district" means those buildings or groups of buildings for which the permitted uses are professional offices, is within an OA zone or which are designated for offices on the general plan. "On-site sign" means a sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is maintained. "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. 2007 S-12 "Political sign" means a temporary sign that encourages a particular vote in a scheduled election and is posted prior to the scheduled election. "Portable sign" means any sign not permanently attached to the ground or a structure on the premises it is intended to occupy. This definition shall not include A- frame signs, sandwich signs and any other advertising structure so defined. "Project announcement sign" means any temporary sign that displays information pertinent to a current or future site of construction, including the likes of the project name, developers, owners and operators, completion dates, availability and occupants. "Projecting sign" means any sign other than a wall sign that is attached to and projects from a structure or building face or wall. "Real estate sign" means a temporary sign indicating that a particular premises is for sale, lease or rent. "Residential district" means the R1, RHS, R2, R3, R1C, A, and Al zoning classifications which are consistent with the residential designation of the Cupertino general plan. "Roof sign" means a sign erected between the lowest and highest points of a roof. "Shopping center" means a retail entity encompassing three or more tenants within a single building or group of buildings, but within which individual business located in defined tenant spaces are owned and managed separately from the shopping center management. "Sidewalk site triangle" is a triangular shaped area described in Cupertino Standard Detail ?-6. (See Appendix A-7, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at Driveway), on file in the office of the City Clerk and the Planning Department.) "Sign" means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, to communicate information of any kind to the public. "Sign Area. " The sign area of an individually lettered sign without background is measured by enclosing the entire sign with a set of parallel vertical and horizontal lines. The sign area of a sign with borders and/or background is measured by a single continuous perimeter enclosing the exterior limits of the border or background. The necessary supports and uprights, or the base on which such sign is placed, shall be excluded from the sign area. When a sign is separated by thirty-six inches or more, the area of each part may be computed separately. "Site" means a piece of land as shown on a subdivision map, record of survey map or assessor's parcel map, which constitutes one development site and which may be composed of a single unit of land or contiguous units under common ownership, control, or development agreement. Definitions "Special event" means a temporary promotional event including, but not limited to, a special sale on merchandise or services, or grand openings. "Street address sign" means any sign that displays only the street address number(s) of the site and, at the option of the property owner, the street name. "Street frontage" means the length of a site along or fronting on a street or other principal thoroughfare, but does not include such length along an alley, watercourse, railroad right-of-way or limited access roadway or freeway. "Temporary sign" means any sign displayed for infrequent and limited time periods. "Trim" means the molding, battens, cappings, nailing strips, lattice and platforms which are attached to the sign. "V-shaped signs" means any sign consisting of two vertical faces, or essentially vertical faces, with one common edge and which appears as the letter V when viewed directly from above. "Vehicle sign" means a sign painted on or attached to an operable or movable vehicle; in the case of motor vehicles, "operable" shall be defined as having a valid license plate. "Wall sign" means any sign that is attached, erected or painted on a structure attached to a building, a canopy structure, or the exterior wall of a building with the exposed face of the sign parallel to the wall. "Window sign" means any sign displayed in or painted on a window facing a public street, parking lot, pedestrian plaza or walkway accessible to the public. Displayed in means a sign that is clearly intended to be visible from an adjacent street. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.04.010 2007 S-12 17.12.010 CHAPTER 17.12: ADMIrIISTRATIVE PROCEDURES Section 17.12.010 Conformity with provisions required. 17.12.020 Permit-Required. 17.12.030 Signs requiring Planning Commission review. 17.12.040 Application-Form and contents. 17.12.050 Application-For new development- Timing. 17.12.060 Application-Review criteria. 17.12.070 Sign modification-Authority. 17.12.080 Permit-Issuance by Building Division-Installation information. 17.12.090 Appeals and exceptions. 17.12.100 Inspection requirements. 17.12.110 Summary of application approval process. 17.12.120 Revocation of sign approval-Authority. 17.12.130 Grounds for revocation. 17.12.140 Hearings-Notice. 17.12.010 Conformity with Provisions Required. It is unlawful for a sign to be placed, erected, moved, reconstructed or altered unless made to comply with the provisions of this title. (Ord. 1624, (part), 1993) decision is final unless appealed in accordance with Section 17.44.080. The Planning Commission shall use the criteria as established in Sections 17.24.150, 17.24.170, 17.24.190, and 17.24.200 for review of those signs. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.040 Application-Form and Contents. An application for sign approval shall be made on a form specifying type, number of exhibits and filing fees by the Director and shall be signed by the property owner or a duly authorized agent. The application shall contain information regarding the size, color and samples, illumination intensity and type, materials, number, location, type of signs, and the location of the business on the site and any other additional information as may be deemed necessary by the Director. (Ord. 1624, (part), 1993) 17.12.050 Application-For New Development- Timing. The application for sign approval or a conceptual sign program for a new development shall be made in conjunction with the review of the use permit for the entire project in order that the design of the signs be taken into consideration at the time of architectural and site planning. (Ord. 1624, (part), 1993) 17.12.020 Permit-Required. All signs which are not exempted by Chapter 17.16 require a sign permit to be approved by the Director. The Director shall review and submit to the applicant a decision within thirty calendar days from receiving an application for a sign. (Ord. 1624, (part), 1993) 17.12.030 Signs Requiring Planning Commission Review. Electronic readerboard signs and freeway oriented signs shall require approval from the Planning Commission prior to the Director issuing a sign permit. Permitted neon window signs do not require Planning Commission approval. In regard to these signs only, the Planning Commission's 17.12.060 Application-Review Criteria. The Director, Design Review Committee or the Planning Commission, as the case may be, shall review the sign application to ensure: A. That the proposed sign meets the requirements of this title or any special conditions imposed in the development by the Planning Commission, or City Council; and B. That the proposed sign's color and illumination is not in conflict with the safe flow of traffic on the City streets. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.070 Sign Modification-Authority. The Director, Design Review Committee or Planning Commission, as the case may be, shall have authority to require modification of the sign to ensure that it meets the criteria stated in Section 17.12.060. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 2007 S-12 17.12.080 Cupertino -Signs 10 17.12.080 Permit-Issuance by Building Division- Installation information. Upon approval by the Director, Design Review Committee or Planning Commission, as the case may be, the applicant shall obtain a building permit. Additional information related to the building code may be required by the Building Official concerning the installation of the sign. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) D. Abandonment of the sign for a period of thirty days. (Ord. 1624, (part), 1993) 17.12.140 Hearings-Notice. Prior to revocation, the Director or the Planning Commission, as the case may be, shall hold hearings after written notice is provided to the applicant. (Ord. 1624, (part), 1993) 17.12.090 Appeals and Exceptions. Those applicants who wish to appeal a decision by the Director, a decision of the Design Review Committee or a decision of the Planning Commission or who wish to apply for an exception shall do so under the provisions of Chapters 17.44 and 17.52 of this title. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.12.100 Inspection Requirements. A. A person erecting, altering or relocating a sign shall notify the Director upon completion of the work for which permits have been issued to ensure that the sign has been installed as specified. B. The Building Inspector or Planner shall have the authority to review the light intensity of all illuminated signs with the power to require reduction of the light intensity to ensure that the sign's illumination does not exceed the illumination standards as regulated by Section 17.24.190. (Ord. 1624, (part), 1993) 17.12.110 Summary of Application Approval Process. Appendix A-1, Sign Application Approval Process Flow Chart, on file in the office of the City Clerk and the Planning Department, summarizes the application approval process. (Ord. 1624, (part), 1993) 17.12.120 Revocation of Sign Approval-Authority. The Director has the authority to revoke any sign approval originally issued by him/her. The Planning Commission has the authority to revoke any sign approval issued by it. (Ord. 1624, (part), 1993) 17.12.130 Grounds for Revocation. Any sign approval may be revoked on the basis of one or more the following grounds: A. Fraud or misrepresentation by the applicant with respect to any information contained in his or her approved application or with respect to any other information provided by the city. B. Failure of the applicant to meet or abide by any condition imposed upon approval. C. Failure of the applicant to utilize the approval within one year of its issuance. 2007 S-12 17.16.010 CHAPTER 17.1ti: EXEMPT SIGNS Section 17.16.010 Certain signs exempt from permit requirements. 17.16.010 Certain Signs Exempt from Permit Requirements. The following signs do not require a permit from the City, providing they comply with the following regulations: A. Directory Signs. Directories located within the interior of a project which are not oriented to a public street; B. Garage Sale Signs. Garage sale signs subject to the limitations in Section 17.32.030 and Chapter 5.16 of this code; C. Governmental Signs. Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety; D. Identification Signs. Identification signs for a business or profession which are not illuminated, and which are less than two square feet in area, located on portions of a building, shopping mall or office complex; E. Information Signs. Informational or directional signs which are located entirely on the property to which they pertain, do not advertise a particular business, and are less than four square feet in area; F. Temporary Political Signs. Temporary political signs subject to the limitations in Section 17.32.040; G. Public Notices. Public notices or posters as legally required by a government agency; H. Residential Real Estate Signs. Real. estate for sale/for lease/for rent signs, subject to the limitations in Section 17.32.060; I. Sale, Rent or Leasing Signs. Sale, rent or leasing signs subject to the limitations in Section 17.32.070; J. Street Address Numbers. Address numbers in all districts, providing they are not meant as an advertising mechanism; K. Logos, Symbols or Insignias. Logos, symbols or insignias, commemorative plaques of recognition and identification emblems of religious orders or historical agencies, provided that such signs are placed on or cut into the building, are not internally illuminated, and do not exceed nine square feet in area; and L. Window Signs. Window signs subject to the limitations in Sections 17.24.090 and 17.32.100. One "OPEN" sign not exceeding two square feet and of any material may be placed in a window without penalty towards window coverage limitations. M. Bus Shelter Signs. Signs installed in Santa Clara County Transit Agency bus shelters. N. Civic Event Signs. Civic and/or City-sponsored events signs on City property. O. State and/or Federal Mandated Signs. State and/or federal mandated signs, including state lottery and certified smog station signs. (Ord. 1987, (part), 2006; Ord. 1720, (part), 1996; Ord. 1624, (part), 1993) 11 2007 S-12 Repl. 17.24.010 CHAPTER 17.24: ;>IGN REGULATIONS Section 17.24.010 17.24.020 17.24.030 17.24.040 17.24.050 17.24.060 17.24.070 17.24.080 17.24.090 17.24.100 17.24.110 17.24.120 17.24.130 17.24.140 17.24.150 17.24.160 17.24.170 17.24.180 17.24.190 17.24.200 17.24.210 17.24.220 17.24.230 17.24.240 17.24.250 17.24.260 17.24.270 Intent and applicability of provisions. Sign program-Required when. Sign program-Information required. Signs in special planning districts. Wall signs-Number of signs permitted. Wall signs-Commercial and industrial districts. Wall signs-Office and institutional districts. Wall sign location. Permanent window signs. Ground signs-Number of signs permitted. Ground signs-Size. Ground signs-Location. Ground signs-Information contained. Ground signs-Gasoline service stations. Electronic readerboard signs. Changeable copy signs. Freeway orientation. Design criteria. Illumination restrictions. Decorative statuary. Obstructions prohibited. Signs near residences. Residential districts-Name plates and street or unit numbers. Residential districts-Development identification signs. Construction and maintenance specifications. Summary of regulations for signs according to districts. Beverage container recycling signs. 17.24.020 Sign Program-Required When. A. All developments in a commercial, office, industrial, institutional, or residential district shall adopt a comprehensive sign program. The sign program shall be filed with the Director and shall specify standards for consistency among all signs within the development. All regulations in this chapter shall be used as criteria for developing the sign program. B. The adoption of a sign program shall be required at the time of the initial construction of a new project. Existing developments in the City which do not have a comprehensive sign program shall be required to adopt one when the first tenant in the project requests a change of face as defined in this title. Thereafter, all subsequent changes of face in the project shall be required to conform to the adopted program. (Ord. 1624, (part), 1993) 17.24.030 Sign Program-Information Required. On any commercial, office or industrial site, or building requiring a sign program, the owner shall submit to the Director a sign program containing the following: A. An accurate plot plan of the site at such scale as the Director may reasonably require; B. Location of buildings, parking lots, driveways, and landscaped areas on the lot; C. Computation of the maximum total sign area, the maximum area of individual signs, the height of signs and the number of freestanding signs; D. An accurate indication of each present and future signs not exempt by this title; and E. Specifications for consistency among all signs with regard to: 1. Color scheme; 2. Sign type (individual channel letters, can sign, wood signs, etc.); 3. Lighting; 4. Location of each sign on the buildings; 5. Materials; 6. Sign proportions; 7. Any other pertinent information as required by the Director. (Ord. 1624, (part), 1993) 17.24.010 Intent and Applicability of Provisions. The regulations in this chapter are intended to govern the number, size, location and design of signs within various land use districts of the City. (Ord. 1624, (part), 1993) 15 17.24.040 Cupertino -Signs 16 17.24.040 Signs in Special Planning Districts. Any business regulated by the Monta Vista Design Guidelines or any area regulated by a specific plan shall be subject to the sign regulations contained within those plans. (Ord. 1624, (part), 1993) 17.24.050 Wall Signs-Number of Signs Permitted. A. Except for residential districts, each business with exterior frontage shall be permitted one wall sign. B. One additional wall sign shall be permitted under any one of the following circumstances, provided there is no more than one wall sign on each side of the building: 1. For businesses which do not have a ground sign and the business is adjacent to more than one street; or 2. The sign is directed to the interior of the project and not visible from a public right-of-way. (Ord. 1624, (part), 1993) 17.24.060 Wall Signs-Commercial and Industrial Districts. A. In retail commercial or industrial districts, wall signs shall not exceed one square foot of sign area per one foot of the store frontage on which the sign is located. The length of the sign shall not exceed seventy percent of the store frontage. The length of the sign shall be determined by the total combined length of each row of copy on the sign. Each business shall be allowed a minimum twenty square foot sign. No wall sign shall be greater than two hundred square feet in area. B. Where architecturally compatible with the building design, the maximum height of a wall sign is regulated by the following criteria: 1. Eighteen inches for signs set back fifty feet or less from the face of curb; however, a double row of copy on a wall sign is permitted it if complies with Section 17.24.060A and does not exceed a maximum height of thirty-six inches; 2. Twenty-four inches for signs set back more than fifty feet from the face of curb; however, a double row of copy is permitted if it complies with Section 17.24.060A and does not exceed a maximum height of forty-eight inches; 3. Twenty-four inches for businesses with five thousand square feet or more of tenant space regardless of the setback; however, a double row of copy is permitted if it complies with Section 17.24.060A and does not exceed a maximum height of forty-eight inches; 4. Thirty-six inches for businesses with ten thousand square feet or more of tenant space and set back one hundred feet or more from the face of curb; however, a double row of copy is permitted if it complies with Section 17.24.060A and does not exceed a maximum height of forty- eight inches; 5. Forty-eight inches for businesses with twenty thousand square feet or more of tenant space and set back one hundred feet or more from the face of curb. Commercial/Industrial Districts < 50 feet setback from face of curb > 50 feet setback from face of curb or tenant space of 5,000-9,999 square feet Min. 100 ft. setback from face of curb and tenant space of 10,000-19,999 square feet Min. 100 feet setback from face of curb and tenant space of 20,000 square feet+ Single Row of Sign Copy 18 inches 24 inches 36 inches 48 inches Double Row of Sign Copy 36 inches 48 inches 48 inches 48 inches Office/Institutional District < 50 feet setback from face of curb > 50 feet setback from face of curb Single Row of Sign Copy 18 inches 24 inches Double Row of Sign Copy 36 inches 48 inches Where such wall signs are not architecturally compatible with the building design, the applicant may apply for a Sign Exception per Chapter 17.44. See Appendix A-8, Example of How to Figure Size of Wall Sign, on file in the office of the City Clerk and the Planning Department, for example. C. Wall signs that are internally illuminated shall be designed in a manner so that the light source is not directly visible. Neon lighting, whether exposed or visible through any sign face, and used in the lettering design or accent of any wall sign shall require approval from the Design Review Committee. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 2007 S-12 Repl. 16A Sign Regulations 17.24.070 17.24.070 Wall Signs-Office and Institutional Districts. A. Signs for businesses in an office or institutional district shall not exceed one square foot of sign area per one linear foot of frontage. Further, each sign shall not exceed forty square feet and shall not exceed seventy percent of the frontage the business occupies in the building. B. Where architecturally compatible with the building design, the maximum height of a wall sign in an office or institutional district is eighteen inches; however, a double row of copy is permitted if it complies with Section 17.24.070A and does not exceed a maximum height of thirty-six inches. Wall signs set back from the face of curb more than fifty feet are permitted a maximum height of twenty-four inches; however, a double row of copy is permitted if it complies with Section 17.24.070A and does not exceed a maximum height of forty-eight inches. Where such wall signs are not architecturally compatible with the building design, the applicant may apply fora Sign Exception per Chapter 17.44. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) D. One "OPEN" sign not exceeding two square feet may be permitted without penalty to the allowable window coverage. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.24.100 Ground Signs-Number of Signs Permitted. Except for residential districts, each site meeting the following criteria shall be allowed one ground sign. A. The site has a minimum of one hundred feet of frontage with a combination of street frontage and building setback totaling one hundred fifty feet. For sites located on a comer the sign must be located on the street frontage of the site's address. B. Sites with over five hundred feet of frontage may have one additional sign. A development consisting of two 17.24.080 Wall Sign Location. A. Wall signs shall not project above the roof line of the building. B. Wall signs shall not extend above the top level of the wall upon which it is situated and shall not project more than six feet from a building. C. No projecting wall sign shall extend into a public right-of-way more than twelve inches. Any projecting sign shall have a vertical clearance of at least fifteen feet above a private or public vehicular roadway, alley, driveway or parking area, and at least eight feet above a sidewalk, pedestrian mall or landscaped area. D. A wall sign which is an integral part of the face of an architectural projection shall not project beyond the face of the architectural projection more than two feet. (Ord. 1624, (part), 1993) 17.24.090 Permanent Window Signs. A. Permanent window signs, including neon window signs in commercial districts, may be placed in addition to the allowable wall signs and shall be considered part of the allowable wall sign area. B. The total area of any window obscured by any combination of permanent and temporary window signs shall not exceed twenty-five percent of the window surface of each window pane. C. Each business in a commercial district may be permitted neon window signs totaling not more than four square feet. Use of neon window signs does not require Design Review Committee review. Neon lighting is prohibited as a border on a window or storefront, and is not part of a neon window sign. 2007 S-12 Repl. 17 Sign Regulations 17.24.100 or more businesses in one building or a single site with more than one building shall provide for common usage of the sign. (Ord. 1624, (part), 1993) 17.24.110 Ground Signs-Size. A. Each ground sign allowed within the city shall be limited to eight feet in height. The height of a ground sign shall be determined by measuring from the grade of the adjoining closest public sidewalk to the highest portion of the sign, including the trim. Any ground sign over eight feet in height that was legally erected in accordance with the provisions of this chapter in effect at the time of erection, or which has a valid permit from the Ciry, shall be permitted to remain, except at such time as any of the events mentioned in Section 17.52.020A or B occur. B. The aggregate sign area of all ground signs on a site shall not exceed a total area equal to one square foot for each four linear feet of street frontage of the site. C. The aggregate sign area of all ground signs shall not exceed an area of one hundred square feet. D. The sign area for "V" shaped signs and signs with more than two faces shall include the area of all faces of the sign. All other double-faced signs need only count the larger of the two surfaces into the sign area. See Appendix A-9, Example of How to Figure Size and Location of Ground Signs, on file in the office of the City Clerk and the Planning Department, for example. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.24.120 Ground Signs-Location. The location of all ground signs shall meet the following criteria: A. Every ground sign shall be located wholly on the property for which the use the sign is advertising is located on. B. No portion of any ground sign shall be located closer than one foot from the public right-of-way. C. No portion of any sign over three feet in height shall be located within a corner triangle or sidewalk site triangle. D. No ground sign shall be located closer than one hundred feet from any other ground sign on the same property. E. Ground signs located on interior lots having less than two hundred feet of frontage shall be positioned within the center fifty percent of the lot frontage. Interior lots with more than two hundred feet of frontage shall locate ground signs no closer than fifty feet from a side property line. (Ord. 1624, (part), 1993) 17.24.130 Ground Signs-Information Contained. A. The number of tenant names on a multitenant ground sign is limited to five. For multitenant signs in a commercial district only, each tenant name shall not be less than six inches in height with a minimum of four-inch space between tenant names. A shopping center or other multitenant commercial development with a center name shall emphasize the name on the sign. B. Street address numbers or the range of numbers for businesses shall be clearly displayed on the ground sign for easy visibility by passing motorists. If no ground sign exists the street address number or range shall be clearly displayed on the building. Street address numbers shall be a minimum of five inches high as required by Section 16.04.050 of the Cupertino Municipal Code. (Ord. 1655, (part), 1994; Ord. 1624, (part), 1993) 17.24.140 Ground Signs-Gasoline Service Stations. Gasoline service stations are permitted one ground sign regardless of street frontage with the following criteria: A. The fuel price sign shall be incorporated into the gasoline service station ground sign and be computed in the permitted sign area; B. A second fuel price sign may be attached to the wall of the service station building facing the public street in instances where a service station is not identified by a ground sign. The price sign shall be permitted in addition to any building mounted sign allowed for the site under Section 17.24.050 of this chapter; C . The number of product prices listed on the ground sign or wall sign display, shall not exceed six per face. The letter size of the price display shall not exceed the minimum specifications contained in Section 13532 of the California Business and Professions Code. (Ord. 1624, (part), 1993) 17.24.150 Electronic Readerboard Signs. Electronic readerboard signs are recognized as an important advertising device for larger commercial retail centers, but may not be appropriate for all centers as an over proliferation of these devices may have adverse effects on the community. The Planning Commission may approve one electronic readerboard sign under the following criteria. A. An electronic readerboard sign may only be approved for shopping centers which have twenty tenants or more and a minimum of fifty thousand square feet of gross floor area. B. The sign shall not be located closer than five hundred feet from any residential district on the same street as the sign. C. The background of the readerboard portion of the sign shall be the same color as the primary background. Where this is not practical, a shade of the same color or a color which is complimentary to that of the primary background may be considered. D. The sign shall follow the design criteria as established in Section 17.24.180. 2007 S-12 17.24.150 Cupertino -Signs 18 E. The electronic readerboard sign shall be regulated by the same height, size, and location criteria as ground signs in commercial districts regulated by Sections 17.24.110, and 17.24.120. F. Retail shopping centers with an electronic readerboard sign shall have restricted use of special signs as required in Section 17.32.090. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.24.160 Changeable Copy Signs. Changeable copy signs in commercial districts shall be permitted only to the extent that they conform with and are included in the total sign area permitted for a business in that district and are deemed necessary to the type of merchandising required by the particular business. Such signs shall consists of a permanent sign and symbols or letters made of plastic, metal or computerized material approved by the Director. Chalk, crudely painted or other improvised lettering shall not be permitted. (Ord. 1624, (part), 1993) 17.24.170 Freeway Orientation. A. All signs located within a commercial, industrial, or office district and within six hundred sixty feet of a "landscaped freeway," measured from the edge of right-of- way, shall be oriented to the regular street system adjoining the property rather than to an orientation that is exclusively visible from the freeway. Signs may be oriented to the freeway, subject to the approval of the Planning Commission. B. Signs must be intended for company identification purposes only, be building mounted, and not exceed the size limitations for building mounted signs otherwise prescribed in this title. Copy content for company identification purposes shall be kept as simple as possible to avoid excessive clutter and to aid in the legibility of the sign's message. C. On-site signs of a temporary nature, such as for sale or for lease signs, may be oriented to the freeway for a limited period of time subject to the restrictions of Section 17.32.070. D. Only one building mounted sign oriented to a freeway shall be allowed per business, or per tenant in a building which is occupied by two or more tenants. However, not more than two freeway-oriented building mounted signs shall be allowed on any single building or structure at any time, notwithstanding the total number of tenants in the building or structure. Freestanding signs shall not be allowed for freeway identification purposes. E. In addition the regulations contained in this title, signs not exempted or excluded by Section 5272 of the State of California Business and Professions Code shall be regulated by the "Advertisers" chapter of that code. (Ord. 1624, (part), 1993) 17.24.180 Design Criteria. Although the aesthetic appearance of signs is subjective, the City recognizes that certain basic design guidelines are needed in order to maintain the City's high quality appearance. The following criteria shall be incorporated into the design of signs. A. Ground signs shall be either housed in a frame or set onto a base, presenting a solid, attractive, well proportioned and balanced appearance. The size and shape of the frame or base shall be proportionate to the size and weight of the sign. Low signs are generally more appropriate on a base, whereas taller signs are generally more appropriate in a frame. (See Appendix A-2, Examples of Well Proportioned Signs, Examples of Signs Not Well Proportioned, on file in the office of the City Clerk and the Planning Department, for examples.) B. Ground signs shall be located within a landscaped area proportionate to the size of the sign. Appropriate landscaping should be placed at the base of the sign. C. Each sign shall be compatible and compliment the architectural style of the building with which it is principally associated, by incorporating its colors, materials, shape and design. The sign shall also be compatible with the aesthetic character of the surrounding developments and neighborhood. D. Background panels should be consistent in muted colors. E. Sign copy shall be simple and concise, without excessive description of services or products. F. Wall signs shall not project above the eaves of the roof or top of parapet. G. The sign's color and illumination shall not produce distraction to motorists or nearby residents. (Ord. 1624, (part), 1993) 17.24.190 Illumination Restrictions. A. Neon lighting, whether exposed or visible through any sign face, and used in any wall or ground sign shall require approval by the Design Review Committee. B. The intensity of illumination for signs located within the commercial, office and industrial districts shall not exceed approximately two hundred fifty foot-lamberts. All other districts shall not exceed approximately one hundred foot-lamberts. The foot-lambert readings shall be used as a guide by staff to evaluate signs which are deemed to be a problem to passing motorists or residents in the surrounding neighborhood. C. The color and thickness of the sign panels as well as the brightness of the bulbs used to illuminate the sign shall be designed in such a manner as to avoid excessive illumination and glare. D. Illuminated signs which are not a necessary part of the security lighting system for a business shall be turned 2007 S-12 19 Sign Regulations 17.24.190 off at 11:00 p.m. or within two hours after the business is closed, whichever is the later time. E. All exterior lighting shall be placed in a manner so that the light source will not be seen from off the site. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.24.200 Decorative Statuary. Decorative statuary may be permitted in commercial, institutional, industrial and office districts in conjunction with the overall architectural design of the building, the landscaping scheme and the sign program for the business. The Design Review Committee shall make a determination as to whether a structure is advertising statuary or decorative statuary, and shall only approve decorative statuary which is made an integral part of the site design and theme of the use or business. If the Design Review Committee determines that the decorative statuary is considered fine art, the Design Review Committee may refer review of the decorative statuary to another commission. Decorative statuary that is not publicly visible is exempt from the requirements of this section.(Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.24.210 Obstructions Prohibited. No signor other advertising structure shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, fire escape, driveway, sidewalk or bike path. (Ord. 1624, (part), 1993) 17.24.220 Signs near Residences. No sign other than those permitted in a residential district shall be located closer than one hundred feet from any residential districts except if the sign surface is mounted in such a manner so as not to be visible from any residence within one hundred feet of the sign. (Ord. 1624, (part), 1993) 17.24.230 Residential Districts-Name Plates and Street or Unit Numbers. Each residential unit shall be permitted name plates of two square feet or less and street or unit numbers. (Ord. 1624, (part), 1993) 17.24.240 Residential Districts-Development Identification Signs. Developments containing twenty units or more shall be permitted one identification sign which shall not exceed five feet in height and shall be no greater than thirty-two square feet per side. Such signs shall be placed adjacent to the major entry of the development. Projects having frontage on more than one street shall be permitted one such entry sign on each street. Identification signs shall contain only the name and address of the development. (Ord. 1624, (part), 1993) 17.24.250 Construction and Maintenance Specifications. A. All signs shall conform to the building and wind load requirements of the Uniform Building Code and Uniform Electrical Code as adopted in Title 16 of the Cupertino Municipal Code. B. All signs with internal illumination shall be constructed of noncombustible materials, be approved by Underwriters Laboratory (UL), U.S. Bureau of Standards, or other similar institution of recognized standing, and be maintained in satisfactory condition or be immediately repaired or replaced. C. All electrical, gas or other utility service and other pertinent fixtures shall be placed underground. D. Guy wires or cable supports used to brace the sign shall not be visible to the observer. E. No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind causing wear on supporting members. F. All signs shall be maintained in safe, unbroken, and structurally sound manner, including the replacement or repair of any defective parts, painting, cleaning and any other work necessary to maintain the sign and any landscape planter associated with the sign. (Ord. 1624, (part), 1993) 17.24.260 Summary of Regulations for Signs According to Districts. Appendix A-3, Summary of Sign Regulations According to Districts, on file in the office of the City Clerk and the Planning Department, summarizes general sign regulations according to districts. (Ord. 1624, (part), 1993) 17.24.270 Beverage Container Recycling Signs. A. A dealer of beverages sold in containers which is subject to provisions of the California Beverage Container Recycling and Litter Reduction Act of 1986 may display one building mounted single face sign not exceeding ten square feet in area which sets forth the information concerning a certified recycling center, as described in Sections 14570 and 14571 of the Public Resources Code. Such sign shall be allowed in addition to any other signs allowed for the dealer in accordance with the provisions of this chapter. B. Signs for certified redemption centers shall be subject to the limitations and review procedures applicable to the zoning district in which the redemption center is located. (Ord. 1796, (part), 1998; Ord. 1624, (part), 1993) 2007 S-12 23 Temporary Signs -Regulations 17.32.070 17.32.070 Sale, Rent or Leasing Signs. A. Sale, rent or leasing signs shall be permitted in all zones except residential zones. Signs for residential zones are stated in Section 17.32.060 of this chapter. B. The signs may include the name of the real estate agent or owner, the address, phone number and any other pertinent information. C. Each parcel shall be allowed to display one sale/rent/lease sign on each public street frontage. Each sign face shall be limited to thirty-two square feet, with a maximum of two faces per sign. Each sign shall be limited to a height of six feet. "V" shaped signs are prohibited. D. A building mounted sale/rent/lease sign may be used in lieu of a freestanding sale/rent/lease sign. One building mounted sign may be placed on each building elevation facing an adjacent public street; provided, that a freestanding sale/rent/lease sign as described in subsection C of this section is not displayed concurrently on that public street frontage. The sign shall be restricted to thirty-two square feet of face area, and shall be located and displayed in accordance with the provisions of Section 17.24.080 of this title regarding clearance, obstruction and roof-line line level. E. Signs for purposes of sale, rent or lease shall be permitted for display off site. Display of such off-site signs shall be confined to private property, subject to the approval and cooperation of the property owner upon whose property the off-site sign is to be located. The off-site signs shall be limited to one sign per street frontage, with a maximum of two signs per off-site parcel. The off-site signs shall have a maximum of two faces, and shall not exceed thirty-two square feet in area per face, nor exceed a height of six feet. The location of such off-site signs is subject to Section 17.32.010. F. 1. For sale/rent/lease signs may be installed up to thirty days prior to any tenant vacancy. 2. Immediately following the close of sale, rent or lease of the space or building the sale, rent or lease sign shall be removed. G. For sale/rent/lease signs may not reasonably obstruct the visibility of any permanent ground sign. (Ord. 1926, § 1 (part), 2004; Ord. 1720, (part), 1996; Ord. 1624, (part), 1993) 17.32.080 Subdivision Directional Signs. A. Subdivision directional signs for developments within the city may be permitted in all zones other than residential, to direct customers along the most direct route through the city. Subdivisions not in Cupertino shall not be permitted subdivision directional signs. B. A total of three such signs per subdivision shall be permitted within the city as determined by the Director. C. Each sign shall not exceed six feet in height and thirty-two square feet in area and have no more than two sign surfaces. "V" shaped signs are prohibited. D. The signs may be permitted for cone-year period or until all units are sold by the subdivision developer, whichever comes first. Extensions may be granted by the Director if the project has not been completed. E. The location of subdivision directional signs shall be subject to Section 17.32.010. F. Applications for subdivision directional signs shall include a list of all other existing signs for the same subdivision, indicating the sign surface area and street location of each sign. (Ord. 1926, § 1 (part), 2004; Ord. 1624, (part), 1993) 17.32.090 Temporary and Special Event Signs and Promotional Devices. The Director may issue a permit for temporary special event signs, banners, pennants or balloons and promotional devices in all commercial, industrial, office or institutional districts subject to all criteria set forth in this section. A. 1. Each business may be permitted use of one temporary special event sign subject to the tenant schedule in subsections C or D of this section. Each business may have the use of temporary signs for a maximum of one hundred twenty days in a calendar year. 2. One additional temporary sign and one additional promotional device may be allowed during the first year of operation for a new business entity for purposes of announcing the grand opening of the business entity. 3. A portable freestanding temporary sign shall not exceed six feet in height and thirty-two square feet per face, with a maximum of two faces. Portable temporary freestanding signs, such as "A" frame or sandwich board signs, may not be set into the ground and must be removed at the close of business each day. 4. A temporary banner shall be building mounted only, shall have only one face not exceeding one hundred square feet in area, and shall be placed on the building in accordance with the limitations specified in Section 17.24.080 of this title regarding clearance and roofline level. B. 1. Special promotional devices, such as large balloons or searchlights, may be approved for a maximum three-day period or five days for grand openings, four times within a calendar year, subject to the following: a. Parking is not displaced; 2007 S-12 17.32.090 Cupertino -Signs 24 b. The device is compatible with adjoining uses. Of major concern is proximity to residential properties; c. The device is not located in a landscaped front. setback area; d. Tethered balloons used for special promotional purposes may not exceed a height of twenty-five feet above the building where the special event is occurring; e. Meets the tenant schedule in subsections C or D of this section. 2. The Director shall review a requested use of any special promotional device, such as searchlights, hot air balloons, rides, traffic/parking directional signs within the public right-of-way and the like, in relation to the type of activity and the appropriateness of the activity to the surrounding neighborhood. 3. There is no specific limitation on the number of traffic/parking directional signs which may be used on a site on the specific day of the special promotional or temporary event. 4. However, the Director shall review the number and placement of signs requested to be placed in the public right-of-way, and may restrict the number and placement of such signs in order to ensure that adequate sight distance and traffic safety clearances are maintained as required in Section 17.32.010. C. A temporary sign and center-wide event signs may be permitted in accordance with the following schedule: Number of Tenants Number of Signs Permitted 3 tenants to 6 tenants --1 tenant display or 1 center display 7 tenants to 13 tenants --1 tenant display + 1 center display 14 tenants to 20 tenants --2 tenant displays + 1 center display 21 tenants to 27 tenants --3 tenant displays + 2 center displays 28 tenants or more --4 tenant displays + 4 center displays 3. Special event signs for center-wide special events are allowed in accordance with the following schedule: Number of Tenants Number of Signs Permitted 20 to 27 tenants --2 center displays 28 tenants or more --4 center displays E. 1. Notwithstanding any provision to the contrary contained in this chapter, but subject to any maximum duration regulations contained in this chapter, all special event temporary signs must be completely removed not later than five days after the conclusion of the special event to which they pertain. 2. The city, pursuant to Chapter 17.52 of this Municipal Code, may cause the signs remaining after expiration of the appropriate five-day period to be removed. (Ord. 1987, (part), 2006; Ord. 1926, § 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1755, (part), 1997; Ord. 1624, (part), 1993) 17.32.100 Window Signs. A. Window signs shall be permitted in all commercial zones. B. The total area of any window obscured by any combination of permanent and temporary window signs shall not exceed twenty-five percent of the window surface of each window pane. C. 1. Signs within a window shall be considered temporary if they remain on the window for less than thirty days, and shall not be subject to review. 2. Window signs intended to remain on display for more than thirty days shall be considered permanent window signs as regulated by Section 17.24.090. (Ord. 1987, (part), 2006; Ord. 1926, § 1 (part), 2004; Ord. 1796, (part), 1998; Ord. 1624, (part), 1993) D. 1. Shopping centers with approved electronic readerboard signs shall only be allowed building mounted banners. 2. Freestanding temporary or special event signs for individual tenants are not allowed. 2007 S-12 17.44.010 CHAPTER 17.44: ;iIGN EXCEPTIONS* Section 17.44.010 Authority. 17.44.020 Application and fee. 17.44.030 Design Review Committee review required. 17.44.040 Findings for an exception. 17.44.050 Action by Design Review Committee. 17.44.060 Conditions for revocation of exception-Notice required. 17.44.070 Exception deemed null and void when-Notification required. 17.44.080 Appeals. 17.44.090 Reports to Planning Commission. Prior ordinance history: Ords. 1624 and 1655 17.44.010 Authority. The Design Review Committee may grant a sign exception in accordance with the provisions of this chapter. (Ord. 1844, § 1 (part), 2000; Ord. 1789, § 1 (part), 1998) 17.44.020 Application and Fee. An application shall be made in writing to the Design Review Committee on a form prescribed by the Director. The application shall be accompanied by a nonrefundable fee, a letter explaining the justification for the exception, and appropriate exhibits as deemed necessary by the Community Development Director. (Ord. 1789, § 1 (part), 1998) 17.44.030 Design Review Committee Review Required. A. An exception shall be scheduled for review by the Design Review Committee, not later than thirty days after filing of application. B. Mailed written notice of the hearing on the sign exception shall be given by the Director of Community Development to all owners of record of real property (as shown in the last assessment roll) which abut the subject property, as well as property and its abutting properties to the left and right, directly opposite the subject property and located across a street, way, highway or alley. Mailed notice shall include owners of property whose only contiguity to the subject site is a single point. Said notice shall be mailed by first class mail at least ten days prior to the Design Review Committee meeting in which the application will be considered. The notice shall state the date, time and place of the hearing. A description of the sign exception shall be included in the notice. If the Director of Community Development believes the project may have negative effects beyond the range of the mailed notice, particularly negative effects on nearby residential areas, the Director, in his discretion, may expand noticing beyond the stated requirements. C. Compliance with the notice provisions set forth in this section shall constitute agood-faith effort to provide notice, and failure to provide notice, and the failure of any person to receive notice, shall not prevent the City from proceeding to consider or to take action with respect to an application under this chapter. (Ord. 1844, § 1(part), 2000; Ord. 1789, § 1 (part), 1998) 17.44.040 Findings for an Exception. The Design Review Committee may grant an exception based upon all the following findings: A. That the literal enforcement of the provisions of this title will result in restrictions inconsistent with the spirit and intent of this title; B. That the granting of the exception will not result in a condition which is materially detrimental to the public health, safety, or welfare; and C. That the exception to be granted is one that will require the least modification of the prescribed regulations and the minimum variance that will accomplish the purpose. (Ord. 1844, § 1 (part), 2000; Ord. 1789, § 1 (part), 1998) 17.44.050 Action by Design Review Committee. The decision made by the Design Review Committee is final unless appealed in accordance with Section 17.44.080. (Ord. 1844, § 1 (part), 2000; Ord. 1789, § 1 (part), 1998) 17.44.060 Conditions for Revocation of Exception- Notice Required. In any case where the conditions or limitations to an exception granted have not been complied with, the Planning Commission may revoke the exception after notice 25 17.44.060 Cupertino -Signs 26 and hearing in the same manner as defined in Section 17.44.030. (Ord. 1789, § 1 (part), 1998) 17.44.070 Exception Deemed Null and Void When- Notification Required. In any case where an exception has not been used within one year from the date of issuance, or if abandoned for a period of thirty days, the exception will automatically become null and void upon written notice from the Director to the property owner and/or tenant. (Ord. 1789, § 1 (part), 1998) 17.44.080 Appeals. A. Any person aggrieved by a decision of the Design Review Committee in the approval, conditional approval, denial or revocation of an exception for a sign may appeal such a decision in writing to the Planning Commission. B. The appeals shall be made within fourteen calendar days of the Design Review Committee meeting by means of a letter in writing to the Planning Commission stating the grievances. C. The appeal shall follow the procedures as set forth in Chapter 19.136, except that Planning Commission will make the final decision on the appeal. (Ord. 1987, (part), 2006; Ord. 1844, § 1 (part), 2000; Ord. 1789, § 1 (part), 1998) 17.44.090 Reports to Planning Commission. The Director, or designated representative, shall make written reports on all exceptions granted, denied, or revoked under this chapter. The reports shall be delivered to the Planning Commission within five calendar days from the date of the decision. (Ord. 1844, § 1 (part), 2000; Ord. 1789, § 1 (part), 1998) 2007 S-12 Repl. 17.52.010 CHAPTER 17.52: COMPLIANCE AND ENFORCEMENT Section 17.52.010 Interpretation and enforcement of provisions. 17.52.020 Nonconforming signs. 17.52.030 Abandoned or discontinued signs. 17.52.040 Illegal signs-Notice required- Summary removal authorized when. 17.52.050 Storage of removed signs. 17.52.060 Owner responsible for removal, alteration or relocation costs. 17.52.070 Illegal signs-Deemed public nuisance-Court action authorized. 17.52.080 Violation deemed infraction-Penalty 17.52.090 Appeals from decisions of the Director. 17.52.010 Interpretation and Enforcement of Provisions. The Director is empowered to interpret and enforce the provisions and requirements of this title and to remove or cause to be removed any sign or other advertising structure which has been constructed, erected, altered, relocated or maintained in violation of this title. Such powers include but are not restricted to provisions and procedures set forth in the following sections of this chapter. Decisions by the Director in relation to this title may be appealed by the Planning Commission set forth in Section 17.52.090. (Ord. 1624, (part), 1993) 2. There are alterations or enlargements to the site or building on the property in excess of twenty-five percent or more of the existing site or building. The amount of alterations shall be cumulative over time; or 3. There is a change of face constituting fifty percent or more of the existing total sign face area at any one time; expansion, movement or modification of the sign. A change of face of a single tenant name panel constituting less than fifty percent of the total existing sign face area in a multitenant sign shall not constitute grounds for modification of a nonconforming sign. C. At such time as any of the events mentioned in subsections A and B occur, the sign must be brought into conformance with this title. Any business with a nonconforming sign shall not be entitled to an additional sign unless the nonconforming sign is made to comply with the provisions of this title. (Ord. 1624, (part), 1993) 17.52.030 Abandoned or Discontinued Signs. Any sign which pertains to a business or occupation which is no longer using the particular sign or property, or which relates to a time which no longer applies, constitutes false advertising. The structure and copy shall be blanked out or removed within thirty days after the associated business, occupation or event has vacated the premises. An abandoned sign is prohibited and the removal shall be the responsibility of the owner of the sign or the owner of the premises. (Ord. 1624, (part), 1993) 17.52.020 Nonconforming Signs. A. A nonconforming sign, unless made to conform to the provisions of this title, may not be structurally altered, expanded, moved, modified in any way, be reestablished after: 1. Discontinuance for ninety days or more; or 2. Damage or destruction of more than fifty percent. B. Any nonconforming sign which was legally erected in accordance with the provisions of the ordinance in effect at the time of erection, or which has a valid permit from the City, shall be permitted to remain until such time as: 1. There is a change in the use of the property that the sign is located on; 17.52.040 Illegal Signs-Notice Required-Summary Removal Authorized When. A. If the Director finds that any permanent sign or other advertising structure has been constructed, erected, altered, relocated or maintained in violation of any of the provisions of this title or any other pertinent ordinance of the City, the Director shall in writing inform the owner and the tenant of the property on which the sign or structure is located that the signor structure must be removed within ten days of receipt of the notice, or an application must be made to the Director for sign approval. Failure to take the required action shall result in a criminal or civil sanction as provided by law. B. If the Director fmds that any temporary sign or advertising device is in violation of this title or any other 27 17.52.040 Cupertino -Signs 28 pertinent ordinance of the City, the Director shall notify the owner of, or tenant using the sign in person or writing that the sign shall be immediately removed. C. If the Director finds that any sign or other advertising structure, whether conforming with the ordinance or not, is an immediate peril or menace to the public, or to any person, the Director shall cause it to be summarily removed. Upon removal, the Director shall give written notice to the owner. (Ord. 1624, (part), 1993) B. The appeal shall be made in writing, accompanied by the same information, application and fee required for other applications made to the Planning Commission. C. Upon filing the appeal, the item shall be placed on the Planning Commission agenda and reviewed in accordance with the adopted procedures of the Planning Commission. D. The decision by the Planning Commission shall be final unless appealed in the same manner as required in Section 17.44.080. (Ord. 1624, (part), 1993) 17.52.050 Storage of Removed Signs. Any sign removed by the Director shall be stored in the City corporation yard and may be claimed within sixty days after the sign was removed, provided that any cost incurred by the City has been paid, and that a renewal of the building permit for the sign has been secured. If signs are not claimed within sixty days after removal by the City, the City shall dispose of the signs. (Ord. 1987, (part), 2006; Ord. 1624, (part), 1993) 17.52.060 Owner Responsible for Removal, Alteration or Relocation Costs. Any cost incurred by the City in the removal, alteration or relocation of any sign pursuant to the provisions of this title or any other pertinent ordinance of the City shall be paid by the owner or person having beneficial enjoyment of the property upon which such sign is located. (Ord. 1624, (part), 1993) 17.52.070 Illegal Signs-Deemed Public Nuisance- Court Action Authorised. In the event any person should erect, alter, relocate or maintain a sign in violation of the provisions of this title, the sign shall be considered a public nuisance and the City Attorney is authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin such person from continuing such violation. The procedures for nuisance abatement are contained in Chapter 1.09 of this Municipal Code. (Ord. 1624, (part), 1993) 17.52.080 Violation Deemed Infraction-Penalty. Any person, firm or corporation violating any provisions of this title shall be deemed guilty of an infraction, and upon conviction thereof, shall be punished in the same manner as other infractions provided under Chapter 1.12 of this Municipal Code. (Ord. 1624, (part), 1993) 17.52.090 Appeals from Decisions of the Director. A. The applicant, aggrieved by a decision of the Director to order the removal of a sign, may appeal such order or decision to the Planning Commission. 2007 S-12 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 Ciry 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) 2007 S-12 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-12 22 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 care 14.12.060 heritage tree removal 14.18.120 removal from street area 14.12.085 Watercourse, discharge into, NPDES permit 9.18.080 Water system connection 15.12.080 PERSONNEL Accruals credits, retained 2.52.080 Authority city manager 2.52.100 council 2.52.090 Child care expense reimbursement, granted specified officers 2.72.010 City rights 2.52.310 Communication with See 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 35 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 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 11.04.150 notice 11.04.060 definitions 11.04.011 Index 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 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 11.37.060 Cupertino -Index See WATERCOURSE POLLUTION See PREVENTION WATER See also FRANCHISE See also SEWER See also WATERCOURSE POLLUTION See also PREVENTION Conservation definitions 15.32.020 emergency shutoff 15.32.050 findings 15.32.010 prohibited acts 15.32.030 violation, penalty 15.32.060 Rates, charges appeals 15.04.050 definitions 15.04.010 determination criteria 15.04.020 establishment procedure 15.04.030 exceptions generally 15.04.040 imposition authority 15.04.020 modifications, establishment procedure 15.04.030 pass-throughs authorized when 15.04.040 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 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 36 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 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 2007 S-12