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2006 S-11CUPERTINt1, CALIFORNIA Instruc:tion Sheet 2006 S-1 l Supplement REMOVE OLD PAGES Title Page Title Page TITLE 1: GENERAL PROVISIONS 1, 2 1, 2 -- 17, 18 TITLE 11: VEHI(:LES AND TRAFFIC 29, 30 33, 34 37 through 40 47 through 50 TITLE l7: SIGNS 3, 4 11, 12 15, 16 25, 26 APPENDIX: TABLES 29, 30 33, 34 37 through 40 47 through 50 3, 4 11, 12 15 through 16B 25, 26 Comprehensive Ordinance List 37, 38 INDEX 7 through 10 INSERT NEW PAGES 37, 38 7 through 10 csk 1206 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