2006 S-11CUPERTINt1, CALIFORNIA
Instruc:tion Sheet
2006 S-1 l Supplement
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TITLE 1: GENERAL PROVISIONS
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TITLE 11: VEHI(:LES AND TRAFFIC
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TITLE l7: SIGNS
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APPENDIX: TABLES
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Comprehensive Ordinance List
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INDEX
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CITY OF CUPERT'INO, CALIFORNIA
MUNICIPAL CODE
2006 5-11 Supplement contains:
Local legislation current through Ordinance 1991, passed 12-12-06
AMERICAN LEGAL PUBLISHING CORPORATION
432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588
TITLE 1: GENI~:RAL PROVISIONS
Chapter
1.01 Code Adopted
1.04 General Provisions
1.08 Right of E~itry for Inspection
1.09 Nuisance Abatement
1.12 General Penalty
1.16 Appeal for Administrative Decisions
1.18 Claims Ag:~inst the City
2006 5-11
1.18.010
CHAPTER 1.18: CLAi[MS AGAINST THE CITY
Section
1.18.010 Authority Section 940-949 of the California Government Code. Any
1.18.015 Claims required action brought against any employee of the City of
1.18.020 Form of claim Cupertino shall conform with the requirements of Section
1.18.025 Claim prerequisite to suit 950-951 of the California Government Code. (Ord. 1988,
1.18.030 Suit (part), 2006)
1.18.010 Authority.
This article is enacted pursuant to Section 935 of the
California Government Code. (Ord. 1988, (part), 2006)
1.18.015 Claims required.
All claims against the City for money or damages not
otherwise governed by the Tort Claims Act, California
Government Code Sections 900 et seq. , or otherwise State
law (hereinafter in this division, "claims") shall be presented
within the time, and in the manner, prescribed by Part 3 of
Division 3.6 of Title 1 of the California Government Code
(commencing with Section 900 thereof) for the claims to be
which that part applies by its own terms, as those provisions
now exist or shall hereinafter be amended, and as further
provided by this section. (Ord. 1988, (part), 2006)
1.18.020 Form of claim.
All claims shall be made in writing and verified by the
claimant or by his or her guardian, conservator, executor or
administrator. No claim may be filed on behalf of a class of
persons unless verified by every member of that class as
required by this section. In addition, all claims shall contain
the information required by California Government Code
Section 910. (Ord. 1988, (part), 2006)
1.18.025 Claim prerequisite to suit.
In accordance with California Government Code
Section 935(b) and 945.6, all claims shall be presented as
provided in this chapter and acted upon by the City Manager
prior to the filing of any action on such claims, and no such
action may be maintained by a person who has not complied
with the requirements of this chapter. (Ord. 1988, (part),
2006)
1.18.030 Suit.
Any action brought against the City of Cupertino upon
any claim or demand shall conform to the requirements of
17
2006 S-11
29 Stopping, Standing a~-d 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 Display,
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:
1. Displaying such vehicle for sale; or
2. Servicing or repairing such vehicle, except when
necessitated by an emergency.
B. Violation of this provision shall constitute an
infraction, and shall subject the registered owner of such
vehicle to the penalties as prescribed by 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. 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.
2006 S-7
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
33 Stopping, Standing and Parking-Public Streets 11.24.150
Street Sides of Portion
Street
McClellan Road North Between Mira Vista Road and a point 750 feet east of Stelling Road, all
portions currently or hereafter within the City limits
McClellan Road South Between Mira Vista Road and a point 350 feet east of Stelling Road
Miller Avenue East Between Bolling~:r Road and a point 300 feet northerly thereof
Miller Avenue East Between Atherwood Avenue and Phil Lane
Miller Avenue West Between Stevens Creek Boulevard and Richwood Drive
Miller Avenue West From Bollinger Road and a point 200 feet north
Mount Crest Drive Both Between Mount Crest Place and southerly terminus thereof
Mount Crest Place Both Between Mount Crest Drive and the southerly terminus thereof
North Portal Avenue East Between Steven Creek Boulevard and a point 120 feet northerly
Orion Lane South Between Stelling Road and Hunterson Place
Pacifica Drive North Between a point 30 feet east of De Anza Boulevard and a point 150 feet east
of De Anza Boulevard
Palm Avenue Both Between Foothill Boulevard and Palo Vista Avenue, all portions currently or
hereafter within the City limits
Peninsula Avenue West Between Steven, Creek Boulevard and University Way, all portions currently
or hereafter within the City limits
Portal Avenue West Between Amher;~t Avenue and a point 250 feet south thereof
Portal Avenue East Between Steven;; Creek Boulevard, south 175 feet
Prospect Road North Between Stellin~; Road and a point 110 feet east thereof
Pruneridge Avenue Both Between Wolfe :[toad and a point 350 feet east of Tantau Avenue
Rainbow Drive Both Between a point 500 feet west of Bubb Road and southwesterly terminus
thereof
Rainbow Drive North Between Stellin~; Road and a point 100 feet east thereof
Rodrigues Avenue Both Between a point 300 feet west of De Anza Boulevard and a point 800 feet
west of Blaney Avenue
San Juan Road North Between Cordova Road and Stevens Canyon Road
Santa Clara Avenue West Between University Way and Grand Avenue
Santa Clara Avenue West Between Grand Avenue and Alhambra Avenue
Santa Lucia Road East and Between Cordova Road and Merriman Road
north
Santa Lucia Road West Between a point 550 feet south of Cordova Road thence to a point 730 feet.
2006 S-11
11.24.150 Cupertino -Vehicles and Traffic 34
Street Sides of Portion
Street
South Portal Avenue West Between Stevens Creek Boulevard and a point 120 feet southerly
Stelling Road East Between Prospect Road and a point 80 feet north thereof
Stelling Road East Between Rainbow Drive and Squirehill Court
Stelling Road East From a point 170 feet northery of Westhill Lane for a distance of 800 feet
thereof
Stelling Road East From a point 200 feet northerly of Erin Way and thence to Alves Drive
Stelling Road East Between Greenleaf Drive and Homestead Road, all portions currently or
hereafter within the City limits
Stelling Road West Between a point 280 feet north of Lilac Way and Hazelbrook Court
Stelling Road West Between a point 260 feet south of Orogrande Place and a point 180 feet south
thereof
Stelling Road West Between Gardena Avenue and Homestead Road, all portions currently or
hereafter within the City limits
Stevens Canyon Road East Between Santa Lucia Road and Road San Juan
Stevens Canyon Road East McClellan Road to St. Andrews Avenue
Stevens Canyon Road West From 100 feet south to McClellan Road, to a point ± 170 feet southerly
thereof
Stevens Canyon Road Both Between McClellan Road and the south City limits--trucks over 5 tons
Stevens Creek North Between the east City limit to a point 565 feet west of Saich Way, thence
Boulevard from a point of 1,010 feet west of Saich Way to a point 1,525 feet west of
Mann Drive, thence from a point 2,230 feet west of Mann Drive to a point
712 feet west of Foothill Boulevard, finally from a point 300 feet west of
California Oak way to the west City limit
Stevens Creek South Between the west City limit to California Oak Way, thence from Camino
Boulevard Vista Drive to a point 222 feet west of Pharlap Drive, thence from a point
626 feet east of Pharlap Drive to a point 150 feet east of Pasadena Avenue,
and finally from Imperial Avenue to the east City limit
Tantau Avenue Both Between Stevens Creek Boulevard and Homestead Road
Tantau Avenue West Between Phil Lane, south 175 feet
Torre Avenue Both Between Stevens Creek Boulevard and Rodriguez Avenue
Tula Lane West Between a point 40 feet south of Sola Street and a point 180 feet north of
Sola Street
37 Stopping, Standing and Parking-Public Streets 11.24.160
Street Hours
Park Circle Drive 8 a.m. to 2 p.m.
Park Circle East 8 a.m. to 2 p.m.
Park Circle East 8 a.m. to 2 p.m.
Park Circle West 8 a.m. to 2 p.m.
Park Circle West 8 a.m. to 2 p.m.
Richwood Court 8 a.m. to 2 p.m.
Rodrigues Avenue 7 a.m. to 8 p.m.
Rosemarie Place 8 a.m. to 2 p.m.
Sorenson Avenue 8 a.m. to 6 p.m.
Stelling Road 7 a.m. to 8 p.m.
Stelling Road 7 a.m. to 8 p.m
Valley Green Drive 8 a.m. to 2 p.m.
Valley Green Drive 8 a.m. to 4 p.m.
Valley Green Drive 8 a.m. to 2 p.m.
Vista Drive 2 p.m. to 3 p.m.
Sides of Portion Exceptions
Street
South All Monday, Tuesday, Wednesday,
Friday, Saturday, Sunday and
Holidays
East All Monday, Tuesday, Thusday, Friday,
Saturday, Sunday and Holidays
West All Monday, Tuesday, Wednesday,
Friday, Saturday, Sunday and
Holidays
West All Monday, Tuesday, Thursday,
Friday, Saturday, Sunday and
Holidays
East All Monday, Tuesday, Wednesday,
Friday, Saturday, Sunday and
Holidays
Both All Monday, Wednesday, Thursday,
Friday, Saturday, Sunday and
Holidays
South Between Blaney Avenue and a point None
800 feet west thereof
Both All Monday, Wednesday, Thursday,
Friday, Saturday, Sunday and
Holidays
South Between Ctaft Drive and Finch Saturdays, Sundays and Holidays
Avenue
East Between Alves Drive and Greenleaf None
Drive, all portions currently or
hereafter within the City limits
West Between Hazelbrook Court and None
Gardena Drive, all portions currently
or hereafter within the City limits
North & East Between Stelling Road and Beardon Monday, Tuesday, Thursday,
Dri~~e Friday, Saturday, Sunday and
Holidays
Both Between Beardon Avenue and De Sundays and Holidays
Anza Boulevard
South & Between Stelling Road and Beardon Monday, Tuesday, Wednesday,
West Dri~~e Friday, Saturday, Sunday and
Holidays
West Between Apple Tree lane and a point Holidays and Sundays
200 feet southerly
11.24.170 Cupertino -Vehicles and Traffic
TABLE 11.24.170
Street Period of Hours Side of Street
Time
(Consecutive
Minutes)
Bonny Drive 30 8:00 a.m.-3:30 Both
p.m., M-F
Finch Avenue 120 8 a.m. to 5 p.m. West
Foothill Boulevard IS 10 a.m. to 5 p.m. East
Imperial Avenue 30 8 a.m. to 3:30 Both
p.m., M-F
Mary Avenue 180 8 a.m. to S p.m. East
Orange Avenue 30
Pepper Tree Lane 30
Rollingdell Drive 30
Scofield Drive
2006 5-11
30
8 a.m. to 4 p.m., Both
M-F
8:00 a.m.-3:30 Both
p.m., M-F
All Hours North
8:00 a.m.-3:30 Both
p.m., M-F
Portion Exceptions
Between Scofield Drive and When school is not
Shelly Drive in session
Between Craft Drive and a Sundays and
point 300 feet south of Sorenson Holidays
Avenue
Between a point 320 feet north None
of Salem Avenue to a point 490
feet north of Salem Avenue
From McClellan Road to a When school is not
point 400 feet north thereof in session
Between Senior Center Weekends and
Driveway to a point Holidays
approximately 225 feet north
thereof
From McClellan Road to When school is not
Dolores Avenue in session
Between Stelling Road and When school is not
Bonny Drive in session
Between a point 310 feet from None
the west face-of--curb of De
Anza Boulevard to a point 350
feet west thereof.
Between Barbara land and When school is not
Western Drive in session
38
39 Stopping, Standing and Parking-Public Streets
11.24.170 Limitations on Certain Streets.
No person shall stop, stand, or park any vehicle as
defined in the Vehicle Code of California, or as hereafter
amended, on the streets or portions of streets, set out in
Table 11.24.170, within the City for a period of time longer
than that indicated opposite the name of each street between
the respective hours set opposite the name of each street on
any day, or on any one day and the next ensuing day, except
as provided in this section. (Ord. 1930, 2004; Ord. 1914,
(part), 2003; Ord. 1884, 2001; Ord. 1882, 2001; Ord.
1857, (part), 2000; Ord. 1476, (part), 1988; Ord. 1419,
(part), 1987; Ord. 1409, (part), 1987; Ord. 1405, (part),
1987; Ord. 1276, (part), 1984; Ord. 1163, 1982; Ord. 843,
§ 10.3, 1977; Ord. 1991, 2006)
11.24.180 Diagonal Parking.
Diagonal parking permitted on certain streets. No
person shall stop, stand, or park any vehicle as defined in
the Vehicle Code of California except within the parking
stalls provided, marked and delineated on the following
named streets:
Street Portion
Imperial Avenue Between Stevens Creek Boulevard and
Granada Avenue
Mary Avenue West side between a point 500 feet north
of Stevens Creek Boulevard to a point
380 feet south of Lubec Street
Mary Avenue West side between a point 430 feet north
of Lubec Street and a point 340 feet
northerly
Mary Avenue Between Homestead Road and a point 650
feet southerly thereof
Pasadena Avenue Between Stevens Creek Boulevard and
Granada Avenue
Richwood Court Between Miller Avenue and the easterly
terminus thereof
Rosemarie Place Between Miller Avenue and the easterly
terminus thereof
(Ord. 1840, (part), 1999; Ord. 1483, 1989; Ord. 1348,
1986; Ord. 1340, 1985; Ord. 843, § 10.4, 1977)
11.24.190 Off-street Parking for Handicapped
Persons.
A. Property Owned or Operated by the City. The
City Traffic Engineer may designate stalls or spaces in any
off-street parking facility owned or operated by the City for
the exclusive use of vehicles which display a distinguishing
11.24.170
license plate or placard issued by the California Department
of Motor Vehicles to handicapped persons or to disabled
veterans pursuant to Sections 22511.5 and 9105 of the
California Vehicle Code. All spaces or stalls so designated
shall be marked by posting immediately adjacent to, and
visible from, each stall or space, a sign consisting of a
profile view of a wheelchair with occupant in white on a
blue background.
B. Removal of Unauthorized Vehicles. The City
may cause the removal, from a stall or space designated for
physically handicapped persons in a parking facility owned
or operated by the City, of any vehicle not displaying one of
the distinguishing placards or license plates specified in
Sections 22511.5 and 9105 of the California Vehicle Code
if a sign is posted in conformance with Section 22511.8 of
the California Vehicle Code which clearly and
conspicuously gives the notice specified in that section.
C. The provisions of this section shall not be
construed to restrict the rights of private property owners to
designate parking areas for the exclusive use of handicapped
persons under the provisions of Sections 22511.7 and
22511.8 of the California Vehicle Code. (Ord. 843, § 11,
1977)
11.24.200 Removal of Vehicles from Street.
Any regularly employed and salaried employee who is
engaged in the direction of traffic or enforcement of parking
regulations when designated by the sheriff may remove a
vehicle from a street, except a freeway, in the manner and
subject to the requirements of Vehicle Code of the state
Sections 22650 through 22856 under the following
circumstances:
A. When any vehicle is illegally parked so as to
block the entrance to a private driveway and it is impractical
to move such vehicle from in front of the driveway to
another point on the street;
B. When any vehicle is illegally parked so as to
prevent access by firefighting equipment to a fire hydrant
and it is impracticable to move such vehicle from in front of
the fire hydrant to another point on the street;
C. When a vehicle is parked or left standing upon a
highway for seventy-two or more consecutive hours;
D. When a vehicle is parked or left standing upon
a street where the use of such street or a portion thereof is
necessary for the cleaning, repair or construction of the
street, or for the installation of underground utilities, or
where the use of the street or any portion thereof is
authorized for a purpose other than the normal flow of
traffic, or where the use of the street or any portion
thereof is necessary for the movement of equipment,
articles or structures of unusual size, and the parking of
such vehicle would prohibit or interfere with such use or
2006 S-11
11.24.200 Cupertino -Vehicles and Traffic 40
movement; provided, that signs giving notice that such
vehicle may be removed are erected or placed at least
twenty-four hours prior to removal;
E. When a vehicle is parked or left standing on a
highway so as to obstruct the normal movement of traffic;
F. When any vehicle is found illegally parked and
there are no license plates or other evidence of registration
displayed, the vehicle may be impounded until the owner or
person in control of the vehicle furnishes evidence of his or
her identity and an address within California at which he or
she can be located;
G. Whenever any vehicle is parked or left standing
where parking is prohibited by ordinance and signs are
posted giving notice of authorization for removal. (Ord.
1500, §§ 1, 2, 1989; Ord. 843, § 7, 1977)
11.24.210 Violation-Penalty.
Any person, firm or corporation violating any
provision of this chapter shall be deemed guilty of an
infraction, and, upon conviction thereof, shall be punished
as provided in Chapter 1.12 of this Code. (Ord. 865, § 1,
1978; Ord. 843, § 12, 1977)
11.24.220 Temporary Parking Zones-Permit
Procedure.
A. There is conferred upon the City Manager of the
Ciry of Cupertino those powers and duties necessary for the
administration of this section. In addition, there is also
conferred upon the City Manager the authority to designate
such officers and employees of the City, as may be required,
to assist him in carrying out the intent and purpose of this
section. The person so designated by the City Manager is
referred to in this section as the "Hearing Officer."
B. The Hearing Officer may designate any area to be
a temporary parking zone, upon compliance with the
application procedure specified in this section, if in his
discretion the public benefits of such a designation will
outweigh the particular harm caused to affected persons or
properties. The size and duration of said zone shall be
designed in a manner reasonably limiting any harmful
consequences.
C. A temporary parking zone shall be indicated by
such appropriate signs, sign covers, or markings as the
Hearing Officer may specify. Said signs shall notify the
public of the existence of a temporary parking zone, the
applicant's permit number, and of any special provisions
designated by the Hearing Officer. The duration of the
existence of said zone shall be indicated on the appropriate
signs, and unless pursuant to a renewal of the original
application, shall not exceed twenty days.
D. Within the area designated as a temporary parking
zone, the special provisions indicated on the appropriate
signs shall supersede all other parking
ordinances and regulations inconsistent therewith, during the
time periods indicated on said signs.
E. Any person residing upon or conducting a
business upon a parcel of real property within the city limits
of the City of Cupertino, may apply to the Hearing Officer
for a permit designating a temporary parking zone to exist
in the area immediately adjacent to said parcel of real
property. Said application shall be made according to the
following procedure:
1. An applicant shall submit an application for a
temporary parking zone permit to the office of the City
Manager a minimum of ten days before the intended
designation, containing the following items:
a. Applicant's name and name of business, if
appropriate;
b. Applicant's telephone number;
c. Applicant's address;
d. Area to be designated temporary parking zone;
e. Dates and duration of permit, not to exceed
twenty days;
f. Special provisions or limitations, if any;
g. A statement of the purpose and/or special event
necessitating the designation of a temporary parking zone;
h. A statement of the estimated harmful effects such
designation might have upon persons or properties affected
thereby;
i. A check in the amount of twenty-five dollars to
cover processing and staff investigation costs;
j. A separate check in the amount of fifty dollars,
comprising a deposit to insure against the loss of or damage
to any signs, sign covers or markings designating said zone,
from any cause. The deposit shall be refunded to applicant
in the amount that it exceeds actual repair or replacement
costs for said signs.
2. Upon receipt of each complete application, the
Hearing Officer shall assign a number to it, and review its
contents and all relevant circumstances. The inception and
termination dates of the zone, its extent, duration, and other
special provisions all may be amended to conform to the
public interest. As amended, the application may be marked
"permitted" or "not permitted," as appropriate. An
application marked "permitted" shall constitute a temporary
parking zone permit. All applications shall be retained by
the office of the City Manager in an appropriate file.
3. In the event that the date designated on the
application for inception of the zone passes without approval
or disapproval by the Hearing Officer, the application shall
be deemed "not permitted," and the full amount of both the
deposit and the processing fee shall be remitted to the
applicant.
4. In the event that the application is disapproved
before the desired inception date, the full amount of the
deposit shall be remitted to the applicant.
11.27.010
CHAPTER 11.27: PE:[2MIT PARKING ZONE
Section
11.27.010 Permit parking zone established.
11.27.020 Definitions.
11.27.030 Permit parking zone description.
11.27.040 Posting of permit parking zone.
11.27.050 Issuance of permits to residents.
11.27.060 Issuance of permits to guests of
residents.
11.27.070 Restrictions on parking permits.
11.27.080 Display of permits.
11.27.090 Permit parking exemptions.
11.27.100 Application for permit.
11.27.110 Validity of parking permits.
11.27.120 Replacement of permits.
11.27.130 Period of restricted parking.
11.27.140 Revocation of permit.
11.27.145 Designation of preferential parking
zones.
11.27.150 Penalty provisions.
motorcycle or other motor-drawn or drawn form of
transportation weighing over fifty pounds.
D. "Resident" means the principal occupant of a
single-family dwelling or of a legal housing unit of a
condominium or multiple family dwelling. The quarters
occupied are called a "residence" or a "household." (Ord.
1197, (part), 1982)
11.27.030 Permit Parking Zone Description.
The permit parking zone shall be the designated areas
in which no person shall stop, stand or park any vehicle,
except for vehicles which display a valid parking permit.
(Ord. 1197, (part), 1982)
11.27.040 Posting of Permit Parking Zone.
The Director of Public Works shall cause appropriate
signs to be erected inside or outside the permit parking zone
indicating prominently thereon the conditions under which
the permit parking regulations shall be enforced. (Ord.
1197, (part), 1982)
11.27.010 Permit Parking Zone Established.
Under the provisions of Section 22507 of the Vehicle
Code, the City Council does ordain that a preferential
parking zone be established in Cupertino in which parking
will be prohibited as established by ordinance of the City
Council. Exemptions from such prohibition, when not
otherwise indicated, will be by securing and displaying in a
vehicle a type of parking permit described in this chapter.
(Ord. 1731, (part), 1996; Ord. 1197, (part), 1982)
11.27.020 Definitions.
Whenever the following terms are used in this chapter,
they shall be deemed and construed to have the following
meaning:
A. "Commercial and industrial properties" means a
business enterprise operated within the permit parking zone.
B. "Guest of resident" means bona fide visitors to a
residence located in the permit parking zone.
C. "Motor vehicle" means and includes any device
by which any person or property may be propelled, moved
or drawn upon a highway. For the purposes of this chapter,
a motor vehicle shall include licensed automobile, trucks as
defined in Section 11.28.OlOG, recreational vehicle,
11.27.050 Issuance of permits to residents.
Residents' parking permits shall be issued by the
Director of Public Works. No more than one parking
permit shall be issued to each motor vehicle for which
application is made. The Director of Public Works is
authorized to issue such rules and regulations, consistent
with this chapter, governing the manner in which residents
shall qualify for parking permits. (Ord. 1197, (part), 1982)
11.27.060 Issuance of Permits to Guests of
Residents.
The Director of Public Works is authorized, upon
application, to issue parking permits to residents of the
permit parking zone for use of their bona fide transient
guests. (Ord. 1197, (part), 1982)
11.27.070 Restrictions on Parking Permits.
A parking permit shall not guarantee or reserve to the
holder thereof an on-street parking space within the
designated permit zone, nor shall permit holders be exempt
from parking restrictions or prohibitions established
pursuant to authority other than this chapter. (Ord. 1197,
(part), 1982)
47
11.27.080 Cupertino -Vehicles and Traffic 48
11.27.080 Display of Permits.
A. Permits shall be issued in a sticker decal form and
be permanently affixed to the left rear bumper of the motor
vehicle. Trailers, motorcycles and vehicles without
bumpers shall have permits permanently affixed to the left
rear of the vehicle in a way they shall be easily seen and
read by enforcement officers.
B. Permits of guests of residents of the parking
permit zone and nonresident visitor permits shall be issued
in a card form for display through the windshield of the
vehicle in a way that they shall be easily seen and read by
enforcement officers.
C. Trailers, motorcycles and vehicles without
windshields or enclosed areas shall have permits attached to
the vehicle in such a manner that they shall be easily seen
and read by enforcement officers. (Ord. 1197, (part), 1982)
11.27.090 Permit Parking Exemptions.
A. Vehicles readily identifiable by enforcement
officers as emergency or government will be exempted from
the parking restrictions of this chapter.
B. Vehicles readily identifiable as commercial,
delivery, service and contractor's vehicles, while the
occupants of the vehicles are actually engaged in providing
services to residences or commercial enterprises, or in the
maintenance and repair of public services or utilities, will be
exempt from the parking restrictions of this chapter.
C. The Director of Public Works may grant upon
request individual one-day exemptions for nonresidents
attending scheduled community events conducted in the
permit parking zone. Application for such exemptions shall
be made in a time and manner to be determined by the
Director of Public Works. (Ord. 1197, (part), 1982)
11.27.100 Application for Permit.
Each application or reapplication for an annual parking
permit shall contain information sufficient to identify the
applicant, his address within the permit zone, and the license
number of the motor vehicle for which application is made
and such other information that may be deemed relevant by
the Director of Public Works. (Ord. 1197, (part), 1982)
11.27.110 Validity of Parking Permits.
A. The parking permit issued to each resident or
guest of resident within the zone shall expire on January 2,
1984, and thereafter will expire on January 2nd of every
even-numbered year.
B. Permits may be renewed biennially upon
reapplication in the manner required by the Director of
Public Works. (Ord. 1197, (part), 1982)
11.27.120 Replacement of Permits.
A. The Director of Public Works may issue a
2006 S-11
duplicate permit if any resident to whom a valid parking
permit has been issued, or to whom a valid guest of resident
permit has been issued can furnish proof that the permit has
been destroyed, lost, or the vehicle to which permit was
affixed has been disposed of.
B. Anew permit will be issued and the old permit
will be canceled. (Ord. 1197, (part), 1982)
11.27.130 Period of Restricted Parking.
The date and time when parking restrictions will be in
effect in the permit parking zone will be established by
resolution of the City Council of the City. (Ord. 1197,
(part), 1982)
11.27.140 Revocation of Permit.
The Director of Public Works is authorized to revoke
the parking permit of any person found to be in violation of
this chapter, and upon written notification thereof, the
person shall surrender such permit to the Director of Public
Works. Failure, when so requested, to surrender a parking
permit so revoked shall constitute a violation of this chapter.
(Ord. 1197, (part), 1982)
11.27.145 Designation of Preferential Parking
Zones.
The following street areas are designated as
preferential parking zones under this chapter:
Street Limits Special Hours
Ann Arbor Court Lauretta Drive to Daily 7:00 a.m.-
Christensen -10:00 p.m.
August Lane All M--F 9:00 a.m.-
-5:00 p.m.
Barbara Lane East side M--F 8:00 a.m.-
-7:30 p.m.
Barbara Lane Scofield Drive to Sat 8:00 a.m.-x:00
Pepper Tree Lane p.m.
Bonny Drive Sola to Scofield M--F 8:00 a.m.-
-7:30 p.m.
Bonny Drive Scofield Drive to Sat 8:00 a.m.-x:00
Shelly Drive p.m.
Byrne Avenue McClellan to 200 M--F 8:00 a.m.-
feet north -4:00 p.m.
Cedar Tree Lane Blaney to Orange Sun 7:00 a.m.-
Tree Lane -12:00 p.m.
Cedar Tree Court Cedar Tree Lane to Sun 7:00 a.m.-
end of cul de sac -12:00 p.m.
Christensen Drive All Daily 7:00 a.m.-
-10:00 p.m.
Clearcreek Court All F--Sun 6:00 p.m.-
-2:00 a.m.
Clearwood Court All F--Sun 6:00 p.m.-
-2:00 a.m.
Dolores Avenue Byrne Avenue to M--F 7:00 a.m.-
200 feet west of -4:00 p.m. while
Orange Avenue school is in session
49 Permit Parking Zone 11.27.145
Street Limits Special Hours Street Limits Special Hours
Fairwoods Court South Stelling Road Daily Shelly Drive Bonny to Westacres M--F 8:00 a.m.-
to end -7:30 p.m.
Fenway Court All Daily 7:00 a.m.- Stelling Road McClellan to Erin Daily
-10:00 p.m. Stevens Canyon West side Santa Daily
Fort Baker Drive Presidio to M--F 8:00 a.m.- Road Lucia north 200 feet
Hyannisport -3:30 p.m. Tula Court All First Saturday of
Hyannisport Drive Fort Baker to Linda M--F 7:00 a.m.- each month 8:00
Vista Drive -4:00 p. m. while a.m.--12:00 p.m.
school is in session Tula Lane All First Saturday of
Imperial Avenue Alcazar Avenue to M--F 8:00 a.m.- each month 8:00
McClellan Road -3:30 p.m. while a.m.--12:00 p.m.
school is in session Wilkinson Ave Hyannisport to M--F 8:00 a.m.-
Lily Avenue All M--F 8:00 a.m.- Columbus -3:30 p.m.
-7:30 p.m.
Lity Court All M--F 8:00 a.m.- (Ord. 1731, (part), 1996; Ord. 1989, 2006)
-7:30 p.m.
McClellan Road East side, 430 feet M--F 7:00 a.m.-
11
27
150 Penalty Provisions
west of Byrne -4:0o p.m. .
.
.
Avenue to Madrid A. It is unlawful and a violation of this chapter for a
Road person to falsely represent himself as eligible for a parking
Merritt Drive Blaney to east of Sun 7:00 a.m.- permit or to furnish false information in an application
Haywood court loo -12:00 p.m. therefor to the Director of Public Works.
feet B. It is unlawful and a violation of this cha ter for a
p
New Haven Drive All M--F 8:00 a.m.-
-3:3o p.m. person holding a valid parking permit issued pursuant hereto
Noonan Court All M--F s:00 a.m.- to knowingly permit the use or display of such permit on a
~~~ p•m• motor vehicle other than that for which the permit is issued.
Old Town Court All M--F s:00 a.m.- Such conduct shall constitute an unlawful act and violation
-3:3o p.m. of this chapter both by the person holding the valid parking
Orange Avenue East side McClellan M--F 8:00 a.m.- permit and the person who so uses or displays the permit on
to Noonan Court -4:00 p.m.
Orange Avenue west side M--F 8:00 a.m.- a motor vehicle other than that for which it is issued.
McClellan to -4:00 p.m. C. It is unlawful and a violation of this chapter for a
Dolores person to copy, produce or otherwise bring into existence a
Orange Tree Lane Cedar Tree Lane Sun 7:00 a.m.- facsimile or counterfeit parking permit or permits without
south 175 feet -12:00 p.m. written authorization from the Director of Public Works. It
Peppertree Lane Atl M--F s:00 a.m.- shall further be unlawful and a violation of this chapter for
-7:30 p.m.
Peppertree Lane Stelling Road to Sat 8:00 a.m.-x:00 a person to knowingly use or display a facsimile or
p.m, counterfeit parking permit in order to evade limitations on
Phar Lap Drive stevens Creek slvd. F--su 6:00 p.m.- parking applicable in a permit parking zone.
to Clearcreek court -2:00 a.m. D. Any person who violates any of the provisions of
Presidio Drive Fort Baker to New M--F 8:00 a.m.- th1S chapter shall be guilty of an infraction, and upon
Haven -3:30 p.m. conviction thereof, be punished as provided in Chapter 1.12.
Presidio Drive Providence Court to M--F 8:00 a.m.- (Ord. 1197, (part), 1982)
New Haven Court -3:30 p.m.
Presidio Drive 100 feet east of M--F 8:00 a.m.-
New Haven Court -3:30 p.m.
to 100 feet west of
New Haven Court
Rose Blossom McClellan to Lily M--F 8:00 a.m.-
Way -7:30 p.m.
Santa Lucia Road Stevens Canyon to Daily
Merriman Road
Scofield Drive Barbara to Western M--F 8:00 a.m.-
-7:30 p.m.
September Court All M--F 9:00 a.m.-
-5:00 p.m.
September Drive McClellan to 200 M--F 9:00 a.m.-
feet south of -5:00 p.m.
August Lane
2006 S-11
17.04.010
CHAPTER 17.04: GENERAL PROVISIONS
Section
17.04.010 Short title.
17.04.020 Purpose and intent.
17.04.030 Savings clause.
17.04.010 Short Title.
Ordinance 1624, codified in Chapters 17.04 through
17.54 of this title, shall hereafter be known and cited as the
"sign ordinance." (Ord. 1624, (part), 1993)
17.04.020 Purpose and Intent.
A. The City of Cupertino is a suburban community
interested in providing a mixture of commercial, industrial
and residential land uses which reside together. The general
welfare of the citizens as well as the economic stability of
the City is dependent on maintaining a peaceful coexistence
between the various uses. The purpose. of the sign ordinance
is to identify and enhance businesses while maintaining the
aesthetic appearance of the City.
B. A sign is recognized as a vital ingredient in the
free trade process upon which the City is dependent. A
good sign program will provide information to the public
concerning a particular business or use and will serve the
visual and aesthetic desires of the community. The goal is
to create a visual environment that will:
1. Enhance the effectiveness of the signs;
2. Provide for the necessary competition;
3. Insure the public safety;
4. Increase the convenience of the citizen; and
5. Maintain the identification and individual
character of each business.
C. With these goals in mind, the City has adopted
this title, which is intended to:
1. Provide architectural and aesthetic harmony of
signs as they relate to building design and surrounding
landscaping;
2. Provide regulations of sign size, height and
quantity which will allow for good visibility for the public
and the needs of the business while providing for the safety
of the public by minimizing distraction to the motorist and
pedestrian;
3. Provide for sign regulations that will be
compatible with the building, siting, and the land uses the
signs are intended to identify;
4. Provide for maintenance of existing signs and a
program for bringing nonconforming signs into conformance
with the standards of this title as changes are made to the
signs or businesses;
5. Provide procedures which will facilitate the
efficient processing of sign applications; and
6. Provide design criteria which will promote
attractive and effective signs for Cupertino residents,
businesses, employees and visitors.
7. Encourage the use of the City's morion logo on
City-sponsored, City street and City directional signs. (Ord.
1624, (part), 1993; Ord. 1987, (part), 2006)
17.04.030 Savings Clause.
The changes provided for in Ordinance 1755 shall not
affect any offense or act committed or done or any penalty
or forfeiture incurred or any right established or accruing
before the effective date of Ordinance 1755; nor shall it
affect any prosecution, suit or proceeding pending or any
judgment rendered prior to the effective date of Ordinance
1755, Apri121, 1997. (Ord. 1755, (part), 1997)
2006 S-11
17.16.010
CHAPTER 17.16: 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. (Ord. 1720, (part), 1996;
Ord. 1624, (part), 1993; Ord. 1987, (part), 2006)
11
2006 S-11
17.24.010
CHAPTER 17.24: SIGN REGULATIONS
Section
17.24.010 Intent and applicability of provisions.
17.24.020 Sign program-Required when.
17.24.030 Sign program-Information required.
17.24.040 Signs in special planning districts.
17.24.050 Wall signs-Number of signs
permitted.
17.24.060 Wall signs-Commercial and
industrial districts.
17.24.070 Wall signs-Office and institutional
districts.
17.24.080 Wall sign location.
17.24.090 Permanent window signs.
17.24.100 Ground signs-Number of signs
permitted.
17.24.110 Ground signs-Size.
17.24.120 Ground signs-Location.
17.24.130 Ground signs-Information contained.
17.24.140 Ground signs-Gasoline service
stations.
17.24.150 Electronic readerboard signs.
17.24.160 Changeable copy signs.
17.24.170 Freeway orientation.
17.24.180 Design criteria.
17.24.190 Illumination restrictions.
17.24.200 Decorative statuary.
17.24.210 Obstructions prohibited.
17.24.220 Signs near residences.
17.24.230 Residential districts-Name plates and
street or unit numbers.
17.24.240 Residential districts-Development
identification signs.
17.24.250 Construction and maintenance
specifications.
17.24.260 Summary of regulations for signs
according to districts.
17.24.270 Beverage container recycling signs.
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)
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)
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. 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. The maximum height of a wall sign is regulated
by the following criteria:
1. Eighteen inches for signs set back fifty feet or
less;
2. Twenty-four inches for signs set back more than
fifty feet;
3. Twenty-four inches for businesses with five
thousand square feet or more regardless of the setback;
4. Thirty-six inches for businesses with ten thousand
square feet or more and set back one hundred feet or more;
5. Forty-eight inches for businesses with twenty
thousand square feet or more and set back one hundred feet
or more.
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 10,0001-19,999
square feet Min. 100 feet setback
from face of curb and
tenant space of more than
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 walls 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 which are internally illuminated shall
be designed in a manner so that the light source is not
directly visible. Neon lighting used in the lettering design
or accent of any wall sign shall require approval from the
Planning Commission. (Ord. 1624, (part), 1993;
Ord. 1987, (part), 2006)
17.24.U7U W all ~tgns-tJrnce ana insutuuuuai
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. The maximum height of a wall sign in an office
or institutional district is eighteen inches. Wall signs set
back from the property line more than fifty feet are
permitted a sign height of twenty-four inches. (Ord. 1624,
(part), 1993)
2006 S-11
16A Sign Regulations 17.24.100
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.
C. Each business in a commercial district may be
permitted neon signs totaling not more than four square feet.
Use of neon window signs does not require Planning
Commission review.
D. One "OPEN" sign not exceeding two square feet
may be permitted without penalty to the allowable window
coverage. (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 corner 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
2006 5-11
17.44.010
CHAPTER 17.44: SIGN 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 City Council.
B. The appeals shall be made within fourteen
calendar days of the Planning Commission meeting by
means of a letter in writing to the City Council 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. 1844, § 1
(part), 2000; Ord. 1789, § 1 (part), 1998; Ord. 1987, (part),
2006)
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)
2006 S-11
37 Comprehensi~~e Ordinance List
Ord. No.
1965 Amends Ch. 2.74, Cupertino
technology, information, and
communications commission (2.74)
1966 Amends § 14.04.230, Street
improvements-exceptions (14.04)
1967 Amends Ch. 9.18, stormwater
pollution prevention and watershed
protection (9.18)
1968 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)
1969 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)
1972 Rezones certain land (Not codified)
1973 Rezones certain land (Not codified)
1974 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)
1975 Not in effect due to referendum
1977 Not in effect due to referendum
1979 Amends Ch. 16.28, Fences and adds
§ 16.28.080, prohibited fences (16.28)
1982 Amends Ch. 9.18, Stormwater
Pollution Prevention and Watershed
Protection (9.18)
1985 Amending City Council Salaries (2.16)
1986 Rezones certain land (Not codified)
1987 Amends Title 17, Signs (17)
1988 Establishes regulations concerning
Claims Against City (1.18)
1989 Amends § 11.27.145 concerning
designation of preferential parking
zones (11.27)
1990 Amends § 11.24.150 concerning
parking prohibitions along certain
streets (11.24)
1991 Amends § 11.24.170 concerning
parking limitations on certain streets
(11.24)
2006 S-11
Ir-dex
BUILDING CONSERVATION CODE
Adopted 16.60.010
Name insertion 16.60.020
- C --
CABLE TELEVISION ADVISORY COMMITTEE
See TELECOMMUNICATIONS COMMISSION
BUILDING MATERIAL YARD
Business license
See also BUSINESS LICENSE
fee 5.04.350
BUSINESS LICENSE
Adjustments, interstate commerce 5.04.100
Appeal 5.04.480
City council powers, duties 5.04.060
Collector powers, duties 5.04.070
Deemed debt to city 5.04.240
Definitions 5.04.030
Duplicate 5.04.170
Effect of provisions 5.04.490
Evidence of doing business 5.04.090
Exemption
application 5.04.120
generally 5.04.110
Imposed 5.04.280
Interest, penalties 5.04.250
Interpretation of provisions 5.04.050
Issuance, expiration 5.04.210
Overpayment refund 5.04.230
Payment due when 5.04.200
Posting, display required 5.04.140
Purpose of provisions 5.04.020
Reclassification 5.04.470
Renewal 5.04.160
Required 5.04.080
Revocation 5.04.120
Separate businesses, same location, separate licenses
required 5.04.130
Statements
deemed not conclusive, confidentiality
5.04.260
extension for filing 5.04.270
failure to file 5.04.190
verification, audit 5.04.180
Tax increase, automatic, consumer price index
5.04.460
Terminology of provisions 5.04.040
Title of provisions 5.04.010
Transfer 5.04.150
Violation, penalty
generally 5.04.500
remedies cumulative 5.04.510
CABLE TELEVISION FRANCHISE
Conflicting provisions 6.28.160
Customer service standards 6.28.090
Definitions 6.28.010
Design, construction 6.28.080
Discrimination 6.28.110
Duration 6.28.030
Enforcement
nonenforcement 6.28.120
remedies reserved 6.28.100
Failure to perform 6.28.140
Fees 6.28.050
Finances, funds, bonds 6.28.060
Granting, generally 6.28.020
Insurance, indemnification 6.28.070
Notices 6.28.130
Rights reserved by city 6.28.040
CAFETERIA
See RESTAURANT
CALIFORNIA WATER SERVICE
See FRANCHISE
CAT
See ANIMAL
CATV
Acquisition 6.28.060
Advisory committee
See TELECOMMUNICATIONS
COMMISSION
Arbitration 6.28.260
Bond 6.28.150
Change 6.28.130
City authority 6.28.090
Definitions 6.28.010
Franchise
application 6.28.210
duration 6.28.050
effective date 6.28.230
existing 6.28.270
granting 6.28.030
payment 6.28.070
renewal 6.28.220
Inadequate remedy 6.28.246
Cupertino -Index
Indemnification 6.28.160
Inspection 6.28.170
Limitation 6.28.080
Location 6.28.110
Permit 6.28.100
Pole, facility use 6.28.200
Regulation 6.28.045
Removal, abandonment 6.28.120
Repair 6.28.245
Requirements generally 6.28.190
Severability of provisions 6.28.250
Standards 6.28.180
Street work failure 6.28.140
Supervision 6.28.247
Use permitted 6.28.040
Violation, penalty 6.28.240
CIGARETTE, TOBACCO VENDING MACHINES
Public places
permitted where, restrictions 10.27.040
prohibitions generally 10.27.030
Purpose, intent of provisions 10.27.020
Title of provisions 10.27.010
Violation, penalty 10.27.050
CIRCULAR
See ADVERTISEMENT
CIRCUS
Business license
See also BUSINESS LICENSE
fee 5.04.340
CITY
Officials
See Specific Officer
CIVIL DEFENSE
See DISASTER COUNCIL
CLAIMS AGAINST THE CITY
Authority 1.18.010
Claim prerequisite to suit 1.18.025
Claims required 1.18.015
Form of claim, 1.18.020
Suit 1.18.030
Deputy, appointment 2.20.110
Election date change
copy filing 2.76.020
voter notification 2.76.030
Employees' retirement system execution 2.56.020
Nuisance abatement lien certificate, issuance
1.09.140
Oath of office, bond 2.20.040
Oaths, affirmations administration 2.20.070
Other duties 2.20.080
Recordkeeping
accounting duties transferred 2.20.020
duty 2.20.010
ordinances 2.20.030
Storm drainage service charge collection duties
3.36.080
Transient occupancy tax appeal hearing notice
3.12.100
Weed abatement, assessment, notice posting
9.08.080
CODE
Adopted 1.01.010
Authority 1.01.030
Constitutionality 1.01.090
Construction 1.04.040
Definitions 1.04.010
Effective date 1.01.080
Effect, past actions, obligations 1.01.070
Enforcement officer
See CODE ENFORCEMENT OFFICER
Fire
See FIRE CODE
Grammatical interpretation 1.04.020
Headings, not limiting 1.01.050
Penalty
designated 1.12.010
nuisance abatement 1.12.030
separate offenses 1.12.020
Prohibited acts including causing, permitting
1.04.030
References
applicable to amendments 1.01.040
application to corresponding ordinances
1.01.060
title, citation 1.01.020
Repeal shall not revive any ordinances 1.04.050
CLERK, CITY
Appointment 2.20.100
Bingo permit hearing, setting, notice 5.32.230
City seal custodian 2.20.050
Conflict of interest 2.64.020
Construction prohibition appeal notice 10.48.060
Department
See DEPARTMENTAL ORGANIZATION
CODE ENFORCEMENT OFFICER
Inspection, right of entry
See INSPECTION
Office created 2.30.010
Warrantless arrest authority 2.30.020
2006 5-11
9
COFFEE SHOP
See RESTAURANT
COMMISSION, CITY
See Specific Commission
COMMUNICATION WITH CITY OFFICIALS
Public building, prohibited acts designated
10.10.020
Right designated 10.10.010
Violation, penalty 10.10.030
COMMUNITY DEVELOPMENT DEPARTMENT
See DEPARTMENTAL ORGANIZATION
COMMUNITY DEVELOPMENT DIRECTOR
Parade and athletic event administrative authority
10.44.030
Sign provision duties
enforcement, interpretation 17.52.010
exception report to city council 17.44.090
permit application review 17.12.060
sign modification 17.12.070
special event sign, promotional device, permit
review 17.12.090
CONCERT
Business license
See also BUSINESS LICENSE
fee 5.04.340
CONSTRUCTION TAX
Adjustment 3.32.045
Definitions 3.32.020
Exceptions 3.32.070
Imposition 3.32.030
Payment
place 3.32.060
time 3.32.050
Purpose, intent 3.32.010
Rates 3.32.040
Refunds 3.32.050
Revenue use 3.32.080
CONTRACTOR
Business license
See also BUSINESS LICENSE
fee 5.04.370
COUNCIL, CITY
Abandoned vehicle, hearing 11.04.070
Bicycle, fee allocation 11.08.130
Bingo permit
applicant investigation 5.32.210, 5.32.220
approval 5.32.240
Index
Business license powers, duties 5.04.060
Child care expense reimbursement, when granted
2.72.010
Communications 2.08.100
Contract bid award 3.24.080
Document signature authority 2.08.135
Election
See also Campaign finance
generally 2.04.005
False alarm hearing duties 10.26.120
Fences, height, location determination 16.28.030
Manager, city
appointment 2.28.010
suspension, removal 2.28.090
Meeting
discussion procedure 2.08.130
emergency 2.04.025
order of business 2.08.090
place 2.04.030
presentation method 2.08.080
protests 2.08.120
reconsideration
motions 2.08.095
petitions 2.08.096
regular 2.04.010
special 2.04.020
violation, penalty 2.08.140
Municipal employee relations officer appointment
2.52.320
Nuisance abatement hearing 1.09.070
Officer, official body reports 2.08.110
Parade, athletic event permit appeal hearing
10.44.140
Permit parking time determination 11.27.130
Personnel authority 2.52.090
Petition
definitions 2.08.030
exception 2.08.070
hearing notice 2.08.040
Public safety commission appointment 2.60.010
Reimbursement 2.16.030
Robert's Rules of Order adopted 2.08.020
Rules adopted 2.08.010
Salary
amount, effective date 2.16.020
statutory basis 2.16.010
2006 S-11
Cupertino -Index
Storm drainage service charge
adjustment authority 3.36.160
collection duties 3.36.080
review duties 3.36.050
Technology, information, and communications
commission
appointment 2.74.010
vacancy filling 2.74.030
Term limits 2.04.050
Transient occupancy tax appeal hearing
determination 3.12.100
Vacancy filling 2.04.040
Water charge appeal hearing 15.12.100
Weed abatement
assessment, hearing 9.08.090
authority 9.08.060
hearing, decision, action 9.08.050
resolution 9.08.020
CRUISING
See TRAFFIC
CUPERTINO GARBAGE COMPANY
See GARBAGE
CURFEW
Definitions 10.68.010
Exceptions 10.68.030
Violation
penalty 10.68.050
prohibited acts 10.68.020
-- D -
DEFECATION
See URINATION, DEFECATION
DEPARTMENTAL ORGANIZATION
Divisions, designated 2.48.020
Manager authority 2.48.030
Purpose 2.48.010
DESIGN REVIEW COMMITTEE
Chairperson 2.90.050
Construction of provisions 2.90.110
Established 2.90.010
Licensed architect 2.90.070
Meetings, quorum 2.90.060
Powers, functions 2.90.090
Procedural rules 2.90.100
Purpose of provisions 2.90.020
Recordkeeping 2.90.080
Terms of office 2.90.030
Vacancy, removal 2.90.040
DISASTER COUNCIL
Definitions 2.40.020
Director of emergency services
created 2.40.050
powers, duties 2.40.060
Emergency organization
membership 2.40.070
structure, duties, functions 2.40.080
Expenditures 2.40.100
Membership 2.40.030
Mutual aid provided 2.40.090
Powers, duties 2.40.030
Purposes 2.40.010
Violation, penalty 2.40.110
DOCUMENTARY STAMP TAX
Administration, authority 3.04.090
Exemptions 3.04.040
Imposition, rate 3.04.020
Payment responsibility 3.04.030
Refund claim, authority 3.04.100
Short title, authority 3.04.010
DOG
See ANIMAL
- E -
EARTHQUAKE
See TOXIC GASES
ELECTIONS, MUNICIPAL
See COUNCIL, CITY
10
ELECTRICAL CODE
Adopted 16.16.010
Fee schedule 16.16.030
Maintenance program 16.16.050
Persons allowed to do electrical work designated
16.16.025
Violation, penalty 16.16.070
EMERGENCY
See DISASTER COUNCIL
2005 S-6