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2006 S-09CITY OF CUPERTINO, CALIFORNIA MUNICIPAL CODE 2006 S-9 Supplement contains: Local legislation current througY~ Ordinance 1982, passed 6-20-06 AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588 COPYRIGHT ©2006 AMERICAN LEGAL PUBLISHING CORPORATION CUPERTINO, CALIFORNIA Instruction Sheet 2006 S-9 Supplement REMOVE OLD PAGES INSERT NEW PAGES Title Page Title Page TITLE IX: HEALTI~ AND SANITATION 35 through 38H 35 through 38H TITLE XIV: STREETS, SID)=;WALKS AND LANDSCAPING 33, 34 33, 34 TITLE XI:{: ZONING 29, 30 29, 30 APPENDI:K: TABLES Comprehensive: Ordinance List 37, 38 37, 38 INDEX 35, 36 35, 36 aeo 6/06 9.18.010 CHAPTER 9.18: STORMWATER POLLUTION 1='REVENTION AND WATERSHED PROTECTION* Section 9.18.010 Purpose of chapter. 9.18.020 Definitions. 9.18.030 Limitations on point of discharge. 9.18.040 Discharge into the storm drain prohibited. 9.18.050 Public nuisance. 9.18.060 Protection from accidental discharge. 9.18.070 Accidental discharge-Notification of discharge. 9.18.080 Discharge permitted pursuant to NPDES permit. 9.18.090 Stormwater pollution prevention plan. 9.18.100 Permanent storm water pollution prevention measures required. 9.18.110 Design and selection of best management practices. 9.18.120 Stormwater management plan required for Group 1 and Group 2A/2B projects. 9.18.130 Stormwater management plan contents. 9.18.140 Preparation of the stormwater management plan. 9.18.150 Stormwater BMP operation and maintenance responsibility. 9.18.160 Stormwater BMP operation and maintenance agreement. 9.18.170 Stormwater BMP inspection responsibility. 9.18.180 Records of maintenance and inspection activities. 9.18.190 Failure to maintain. 9.18.200 Inspection and maintenance easement. 9.18.210 Stormwater pollutant source control BMPs. 9.18.220 Violation. 9.18.230 Civil penalty for violation-Payment of funds to account. 9.18.240 Civil penalty for illicit discharges-Payment of funds to account. 9.18.250 Notice of violation. 9.18.260 Administrative penalties-Payment of funds to account. 9.18.270 Severability. Prior ordinance history: Ord. 1571 9.18.010 Purpose of Chapter. The U.S. Environmental Protection Agency has identified urban storm water runoff as the leading cause of water pollution in the United States. Furthermore, both federal and state agencies have identified storm water runoff as a major source of pollution adversely impacting the beneficial uses of the South San Francisco Bay. As a result, the California Regional Water Quality Control Board, San Francisco Bay Region, has issued the City of Cupertino a National Pollutant Discharge Elimination System ("NPDES") permit. The NPDES permit requires that the City of Cupertino implement a Storm Water Management Program to control storm water runoff so that it does not cause or contribute to a violation of the water quality standards of South San Francisco Bay. The purpose of this Chapter is, therefore, to protect health, life, resources and property by providing minimum requirements designed to control the discharge of pollutants into the City of Cupertino's storm drain system and to assure that discharges from the City of Cupertino storm drain system comply with applicable provisions of the Federal Clean Water Act and National Pollutant Discharge Elimination System Permit No. CA0029718. Enactment of this Chapter falls within the scope of the City of Cupertino police powers to protect the health, safety, and welfare of its residents. Nothing in this Chapter is intended to preclude more stringent federal or state regulation of any activity covered by this Chapter. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise. 1. "Applicant. " Any person, firm, or governmental agency who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project. 2. "Best management practice (BMP). " A structural device or nonstructural practice designed to temporarily store and/or treat stormwater runoff in order to reduce pollution, mitigate flooding and provide other amenities. 2006 S-9 3 5 9.18.020 Cupertino -Health and Sanitation 36 3. "City." All the territory lying within the municipal boundaries of the City of Cupertino, as presently existing, plus all territory which may be added thereto during the effective term of the ordinance codified in this chapter. 4. "Commercial vehicle washing facility." A commercial facility where vehicle washing is a primary business activity. Commercial vehicle washing facilities include, but are not limited to, mobile washing rigs. 5. "Cooling system. " The pipes, heat exchangers and other appurtenances used to convey cooling water in cooling towers, direct contact cooling systems and similar fixed cooling systems. Multiple units of a cooling water system serving a building or piece of equipment are considered as one system if the cooling water distribution system units are physically connected. 6. "Deemed complete." The City reviews development applications within 30 days of submittal to determine whether all the required information has been provided and the application can be "deemed complete" and accepted. If the application submittal is incomplete, staff sends a letter to the applicant indicating that the application is "deemed incomplete" and lists the items needed to complete the application. If the Planning Division's written determination is not made within 30 days after receipt of the application, under State Law, it is deemed "complete" and staff proceeds with processing the application. 7. "Development." Aland development or land development project. 8. "Director of Public Works." The Director of Public Works and his or her duly authorized agents and representatives. 9. "Director of Community Development." The Director of Community Development and his or her duly authorized agents and representatives. 10. "Easement. " A grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement. 11. "Erosion and sedimentation control plan." A plan designed to minimize the accelerated erosion and sediment runoff at a site during land disturbance activities. 12. "Existing conditions." Refers to the conditions that exist on a site before the commencement of a land development project and at the time the City of Cupertino approves plans for the land development of a site. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions are considered those at the time before the first item being approved or permitted. 13. "Fleet washing facility." A facility for washing vehicles at a location where a business maintains six or more vehicles. 2006 S-9 14. "Food service facility." Any nonresidential establishment that uses or generates grease when preparing food. Food service facility does not include any facility that prepares food for off-site cooking and consumption, or any facility that does not use, generate, or dispose of grease in cooking or preparing food. 15. "Grease." Includes fats, oils, waxes, or other related constituents. Grease may be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, and fats in meats, cereals, seeds, nuts and certain fruits. Grease may also be of mineral origin, including kerosene, lubricating oil, and road oil. 16. "Grease removal device." An interceptor, trap or other mechanical device designed, constructed and intended to remove, hold or otherwise prevent the passage of grease to the sanitary sewer. 17. "Group 1 project." Per the definition in the City's NPDES Municipal Stormwater Discharge Permit, any private land development or redevelopment project or any public roadway project creating or replacing 43,560 ft2 (one acre) or more of impervious surface. The following types of projects are exempt from the Group 1 Project requirements. a. single-family homes not part of a larger common plan of development; b. sidewalks; c. bicycle lanes; d. trails; e. bridge accessories; f. guardrails; g. landscape features; h. interior remodels; and i. routine maintenance or repair including roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of that right-of-way are developed. 18. "Group 2A project." Per the definition in the City's NPDES Municipal Stormwater Discharge Permit, the same as the Group 1 Project definition, except that the size threshold of impervious area for new and Significant Redevelopment projects is reduced from 43,560 ft2 (one acre) to 10,000 square feet and the project is one of the following land use categories: a. Gas stations; b. Auto wrecking yards; c. Loading docks and surface parking lots containing 10,000 square feet or more of impervious surface area; and d. Vehicle or equipment maintenance areas (including washing and repair), outdoor handling or storage of waste or hazardous materials, outdoor manufacturing 37 Stormwater Pollution Prevention and Watershed Protection area(s), outdoor food handling or processing, outdoor animal care, outdoor horticultural activities, and various other industrial and commercial uses where potential pollutant loading cannot be satisfactorily mitigated through other post-construction source control and site design practices. 18-1. "Group 2B project." Per the definition in the City's NPDES Municipal Stormwater Discharge Permit, the same as the Group 1 Project definition, except that the size threshold of impervious area for new and Significant Redevelopment projects is reduced from 43,560 ftz (one acre) to 10,000 square feet. 19. "Hazardous material. " Any material so designated by Chapter 101 of this code. 20. "Hydromodification." Changes to the storm water runoff characteristics of a watershed caused by changes in land use. Hydromodification can increase the velocity, volume, and duration of storm water runoff and intensify sediment transport. These changes increase the erosion potential of the receiving watercourse. Problems resulting from hydromodification include channel scouring, bank undercutting, and channel widening and deepening. 21. "Hydromodification management BMPS." Any combination of on-site, off-site, and in-stream control measures incorporated into specified development and redevelopment projects in order to reduce stormwater runoff so as to not cause an increase in the erosion potential of the receiving watercourse over the pre-project condition, in accordance with the City's NDPES Municipal Storm Water Discharge permit and the SCVURPPP Hydromodification Management Plan. 22. "Hydromodification management plan (HMP)." A comprehensive plan to control hydromodification by maintaining the pre-project stream erosion potential. The HMP is required by the City's NDPES Municipal Storm Water Discharge permit. The HMP contains thresholds for project applicability and guidance on selecting and designing best management practices to control hydromodification. 23. "Illicit connection. " The unauthorized connection of a wastewater stream to storm sewers. 24. "Impervious surface. " A surface composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Impervious surfaces include, but are not limited to, rooftops, buildings, streets and roads, and any concrete or asphalt surface. 25. "Land development activities." Those actions or activities that comprise, facilitate or result in land development. 26. "Loading dock." The area of a facility intended for the loading and unloading of trucks, plus an additional radius of ten feet. 27. "Maximum extent practicable." The maximum degree of pollution reduction that is achievable by applying 9.18.020 best management practices, taking into account the best available technology, cost effectiveness and other competing issues such as human safety and welfare, endangered and threatened resources, historic properties and geographic features. 28. "New development." A land development activity on a previously undeveloped site. 29. "NPDES municipal stormwater discharge permit." A National Pollution Discharge Elimination System permit issued to the City of Cupertino by the Regional Water Quality Control Board, San Francisco Bay Region. 30. "Numeric BMP sizing criteria." Requirements for designing stormwater treatment BMPs that are included in the City's NPDES Municipal Stormwater Discharge Permit and more specifically described in the Santa Clara Valley Urban Runoff Pollution Prevention Program's "Guidance for Implementing Stormwater Regulations for New and Redevelopment Projects." 31. "Oil/water separator. " A receptacle designed and constructed to intercept, separate, and prevent the passage of oils and sediments into the sewer system. 32. "On-site stormwater treatment facility." A stormwater treatment facility located within the boundaries of the site. 33. "Operation and maintenance agreement." A written agreement providing for the long-term operation and maintenance of stormwater management facilities and practices on a site or with respect to a land development project, which when properly recorded in the deed records constitutes a restriction on the title to a site or other land involved in a land development project. 34. "Owner. " The legal or beneficial owner of a site, including but not limited to, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site. 35. "Permit. " The permit issued by the City of Cupertino to the applicant required for undertaking any land development activity. 36. "Person." Any person, firm, association, organization, partnership, business trust, joint venture, corporation or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts and any officer or agency thereof. 37. "Post-development. " Refers to the time period, or the conditions that may reasonably be expected or anticipated to exist, after completion of the land development activity on a site as the context may require. 38. "Redevelopment." Aland development project on a previously developed site, excluding ordinary maintenance activities, interior remodeling of existing buildings, resurfacing of paved areas, and exterior changes or improvements which do not materially increase or 2006 S-9 9.18.020 Cupertino -Health and Sanitation 38 concentrate stormwater runoff, or cause additional stormwater runoff pollution. 39. "Runoff." stormwater runoff. 40. "Runon." stormwater flow entering a specific location from elsewhere on or off the site. 41. "Sanitary sewage or sewage." Water-carried wastes from residences, business property, institutions and industrial property excluding ground water, surface water, and storm waters. 42. "Santa Clara Valley urban runoff pollution prevention program (SCVURPPP)." The Santa Clara Valley Urban Runoff Pollution Prevention Program is an association of thirteen cities and towns in the Santa Clara Valley, together with Santa Clara County and the Santa Clara Valley Water District. Program participants, referred to as Co-permittees, share a common Municipal NPDES permit to discharge stormwater to South San Francisco Bay. 43. "Secondary containment. " The level of containment external to and separate from the primary containment. 44. "Sewer system or sanitary sewer system." All sewers and other facilities for carrying, collecting, treating, and disposing of sanitary sewage. 45. "Site." Any tract, lot or parcel of land or combination of tracts, lots, or parcels of land, which are in one ownership, or are contiguous and in diverse ownership where a development is to be performed as part of a unit, subdivision, or project. 46. "Site design BMPs." Nonstructural techniques designed to reduce the amount of runoff by decreasing the amount of impervious surface, infiltrating runoff into the soil and/or temporary detention. Examples of site design BMPs include narrower streets, permeable pavement, and shared driveways. 47. "Source control BMPs." Structural measures or nonstructural practices used to eliminate contact between rainfall and potential source of contamination. Examples include covered materials handling areas, parking lots sweeping, and sewer clean-outs installed adjacent to new swimming pools. 48. "Storm drain." Any pipe, conduit or sewer of the city designed or used for the disposal of storm and surface waters and drainage including unpolluted cooling water and unpolluted industrial process water, but excluding any community sanitary sewer system. 49. "stormwater discharge." Any discharge from land that results or probably will result in a discharge into watercourses. The discharges represent a process whereby pollutants, debris and chemicals generated from various land uses accumulate on streets, construction sites, parking lots and other exposed surfaces and are washed off and carried 2006 S-9 away by stormwater runoff into watercourses. The major pollutants of concern in these discharges are heavy metals, sediments, petroleum hydrocarbons, organochlorine, pesticides and toxics. 50. "stormwater management." The collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation, and to enhance and promote the public health, safety and general welfare. 51. "stormwater management facility." Any infrastructure that controls, treats or conveys stormwater runoff. 52. "stormwater management plan." A document describing how existing runoff characteristics will be affected by a land development project and containing measures for complying with the provisions of this ordinance. 53. "stormwater treatment BMPs." Structural measures designed to reduce stormwater pollution by capturing and treating runoff. Examples include detention basins, vegetated swales and media filters. 54. "stormwater pollution prevention plan." A document identifying potential stormwater pollutant sources at a construction site, the stormwater source control BMPs to be used to reduce these pollutants during and after construction and a description of required BMP monitoring. Generally applies to construction projects disturbing one or more acres. 55. "stormwater runoff." Water from rain, landscape irrigation, or other sources that flows over the land surface without entering the soil. 56. "Unpolluted water." Water to which no constituent has been added, either intentionally or accidentally, that would render the water unacceptable for disposal to storm or natural drainages or directly to surface waters. 57. "Vehicle fluid. " A liquid used in or drained from a motor vehicle. Vehicle fluids include, but are not limited to, gasoline, diesel fuel, motor oil, brake fluid, radiator fluid, hydraulic fluid, transmission fluid, and coolant. 58. "Vehicle service facility." A commercial or industrial facility that conducts one or more of the following operations with respect to vehicles or components of vehicles: vehicle repair, fuel dispensing, vehicle fluid replacement, engine and parts cleaning, body repair, vehicle salvage and wrecking, or vehicle washing. 59. "Waste." Sewage and soil from erosion and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing or 38A Stormwater Pollution Prevention and Watershed Protection processing operation of whatever nature, including waste placed within containers of whatever nature prior to, and for purposes of, disposal. 60. "Watercourse." Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any adjacent area that is subject to inundation from overflow or flood water. 61. "Water quality impact." Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses that are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.030 Limitations on Point of Discharge. No person shall discharge any substance directly into a manhole or other opening in a City storm drain other than through a city approved storm drain connection. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.040 Discharge into the Storm Drain Prohibited. A. It shall be unlawful to discharge, or cause, allow, or permit to be discharged into any storm drain or natural outlet or channel all waste, including but not restricted to, sewage, industrial wastes, petroleum products, coal tar or any refuse substance arising from the manufacture of gas from coal or petroleum, chemicals, detergents, solvents, paints, contaminated or chlorinated swimming pool water, pesticides, herbicides and fertilizers. B. It is unlawful to cause hazardous materials, domestic waste or industrial waste to be deposited in such a manner or location as to constitute a threatened discharge into storm drains, gutters, creeks or San Francisco Bay. A "threatened discharge" is a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources. Domestic or industrial wastes that are no longer contained in a pipe, tank or other container are considered to be threatened discharges unless they are actively being cleaned up. C. The Director of Public Works may require that unpolluted cooling water or other unpolluted water be discharged into a natural outlet. However, allowable discharges shall not cause any impairment in the beneficial 9.18.020 uses or quality of water of the state as defined in the California Water Code or any special requirements of the Regional Water Quality Control Board, San Francisco Bay Region or to injure or interfere with the operation of the State's watercourses. City may, from time to time, by resolution of the City Council adopt supplementary rules and regulations on discharge into any storm drain or natural outlet or channel which shall have the same force and effect as if set forth herein and for which the remedies herein for violation shall be applicable. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.050 Public Nuisance. The discharge of unscreened garbage, fruit, vegetable, animal or other solid industrial wastes into any storm drain or natural outlet or channel, in violation of any provision of this Chapter, is hereby declared to be a public nuisance and shall be handled in the same manner as provided in Chapter 1.09 of this Code. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.060 Protection from Accidental Discharge. Each person shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this Chapter into any storm drain or natural outlet or channel. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.070 Accidental Discharge-Notification of Discharge. All persons shall notify the Director of Public Works by telephone immediately upon accidentally discharging wastes to enable countermeasures to be taken by the City to minimize damage to storm drains and the receiving waters. This notification shall be followed, within ten (10) days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve persons of liability for violations of this Chapter or for any fines imposed on the city on account thereof under Section 13350 of the California Water Code, or for violation of Section 5650 of the California Fish and Wildlife Code, or any other applicable provisions of State or Federal laws. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 2006 S-9 9.18.080 Cupertino -Health and Sanitation 38B 9.18.080 Discharge Permitted Pursuant to NPDES Permit. The provisions of this Chapter shall not prohibit any discharge in compliance with a valid NPDES permit issued to the discharger. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.090 Stormwater Pollution Prevention Plan. Storm water pollution prevention plans (SWPPPs) shall be prepared and made available at construction sites for all projects disturbing a soil area of one (1) or more acres. Preparation of the SWPPP shall be in accordance with the most recent versions of the "Guidelines for Construction Projects," published by the San Francisco Bay Region of the California Regional Water Quality Control Board, the California BMP Handbooks, and the City of Cupertino "Construction BMP Selection Matrix." (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 9.18.100 Permanent Storm Water Pollution Prevention Measures Required. A. Site Design and Source Control BMP Requirements. All development and redevelopment projects shall include permanent site design and source control BMPs in order to reduce the water quality impacts of stormwater runoff from the site for the life of the project. B. Stormwater Treatment BMP Requirements. 1. In addition to site design and source control BMPs, Group 1 and Group 2A/2B Projects are required to design and implement permanent stormwater treatment BMPs sufficient to reduce the water quality impacts of stormwater runoff from the site for the life of the project. 2. Land development activities that are smaller than the minimum applicability criteria set forth in this Ordinance for Group 1 and Group 2A/2B projects are required to design and implement stormwater treatment BMPs, if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules. 3. Group 2A projects for which an application to the City has been "deemed complete" by the Director of Community Development as of October 19, 2005 are not required to implement stormwater treatment BMPs. 4. Group 2B projects for which an application to the City has been "deemed complete" by the Director of Community Development as of August 15, 2006 are not required to implement stormwater treatment BMPs. 2006 S-9 C. Hydromodification Management BMP Requirements. 1. In accordance with the City's NPDES Municipal Stormwater Discharge Permit, all Group 1 Projects are required to implement permanent hydromodfication management BMPs except for the following projects: a. Projects that do not create an increase in impervious surface over pre-project conditions. b. Transit-oriented developments located within a one-half mile radius of existing or planned transit stations and/or major transfer points. c. Projects located in subwatershed areas that are 90% or more built-out and have more than 65% impervious surface. d. Projects that are less than 50 acres in total project size that are located in subwatershed areas that are 90% or more built-out and have less than 65 % impervious surface. e. Projects that demonstrate, through City-approved stream-specific modeling studies consistent with the HMP that there will be no increase in erosion potential or other adverse impact to the beneficial uses to any waters of the State. 2. Determination of Impracticability. Meeting the HMP requirements will be considered impracticable if the combined construction cost of both required stormwater treatment and hydromodification management BMPs' exceeds 2% of the project construction cost (excluding land costs). If a developer demonstrates that the cost to fully comply with the HMP and other C.3. treatment requirements will exceed this cost threshold, a determination may be made by the Director of Public Works that the project shall comply with the HMP requirements by implementing hydromodification management controls on-site to the maximum extent practicable and contributing to an in-stream or off-site solution, if available, up to a maximum cost for all controls of 2% of the project cost. D. Group 1 and Group 2A/2B projects that result in an increase of, or replacement of, more than fifty (50) percent of the impervious surface of a previously existing development shall include permanent BMPs sufficient to reduce water quality impacts of stormwater runoff from the entire site for the life of the project. These permanent BMPs shall include site design, source control, stormwater treatment measures, and if applicable, hydromodification management measures. E. Group 1 and Group 2A/2B projects that result in an increase of, or replacement of fifty (50) percent or less of the impervious surface of a previously existing development shall include permanent BMPs sufficient to reduce water quality impacts of stormwater runoff from the increased or replaced portion of the site for the life of the 38C Stormwater Pollution Prevention and Watershed Protection project. These permanent BMPs shall include site design, source control, Stormwater treatment measures, and if applicable, hydromodification management measures. F. No final building or occupancy permit shall be issued without the written certification of the Director of Public Works that the requirements of this chapter have been satisfied. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § I (part), 2005; Ord. 1922, § 1 (part), 2003) Note 1: Costs of control measures shall not include land costs, soil disposal fees, hauling, contaminated soil testing, mitigation, disposal, or other normal site enhancement costs such as landscaping or grading that are required for other development purposes. 9.18.110 Design and Selection of Best Management Practices. A . Stormwater pollution prevention best management practices shall be selected and designed to the satisfaction of the Director of Public Works in accordance with the requirements contained in the most recent versions of the following documents. 1. City of Cupertino BMP Selection Matrices (Construction and Post-Construction); 2. Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) "Guidance for Implementing Stormwater Regulations for New and Redevelopment Projects;" 3. NPDES Municipal Stormwater Discharge Permit issued to the City of Cupertino by the California Regional Water Quality Control Board, San Francisco Bay Region; 4. California BMP Handbooks; 5. "Start at the Source" Design Guidance Manual; 6. Bay Area Stormwater Management Agencies Association "Using Site Design Standards to Meet Development Standards for Stormwater Quality - A Companion Document to Start at the Source"; 7. SCVURPPP Hydromodification Management Plan; and 8. City of Cupertino Planning Procedures Performance Standard. B. Numeric sizing criteria used to design Stormwater treatment BMPs shall be in accordance with the City's current NPDES Municipal Stormwater Discharge Permit. 1. Stormwater treatment BMPs depending on volume capacity, such as detention/retention units or infiltration structures, shall be designed to treat Stormwater runoff equal to: a. The maximized Stormwater quality capture volume for the area, based on historical rainfall records, determined using the formula and volume capture coefficients set forth in Urban Runoff Quality Management, 9.18.100 WEF Manual of Practice No. 23/ASCE Manual of Practice No. 87, (1998), pages 175-178 (e.g. approximately the 85th percentile 24-hour storm runoff event); or b. The volume of annual runoff required to achieve 80 percent or more capture, determined in accordance with the methodology set forth in Appendix D of the California Stormwater Best Management Practices Handbook for New Development and Redevelopment (2003), using local rainfall data. 2. Stormwater treatment BMPs whose primary mode of action depends on flow capacity, such as swales, sand filters, or wetlands, shall be sized to treat: a. 10% of the 50-year peak flow rate; or b. The flow of runoff produced by rain equal to at least two times the 85th percentile hourly rainfall intensity for the applicable area, based on historical records of hourly rainfall; or c. The flow of runoff resulting from rain equal to at least 0.2 inches per hour intensity. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 9.18.120 Stormwater Management Plan Required for Group 1 and Group 2A/2B Projects. A. Development Permit Application Requirements. Applications for Group 1 or Group 2A/2B projects must be accompanied by a Stormwater Management Plan, as required by this ordinance. The Stormwater Management Plan shall detail how runoff and associated water quality impacts resulting from the activity will be controlled or managed. B. Building Permit Requirements. No building, grading, or erosion and sediment control permit shall be issued until the Stormwater Management Plan has been reviewed and approved by the Director of Public Works. C. Exemptions. Group 2A projects for which an application to the City has been "deemed complete" by the Director of Community Development as of October 19, 2005 and Group 2B projects for which an application to the City has been "deemed complete" by the Director of Community Development as of August 15, 2006 are exempt from the Storm Water Management Plan requirements of this Ordinance. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 9.18.130 Stormwater Management Plan Contents. A. General Requirements for All Group 1 and Group 2A/2B Projects. Applicants for all Group 1 and Group 2A/2B projects are responsible for submitting a Stormwater Management Plan that meets the requirements of this Ordinance. The plan shall include sufficient information to 2006 S-9 9.18.130 Cupertino -Health and Sanitation 38D evaluate the environmental characteristics of affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The minimum information submitted for support of a stormwater Management Plan shall be as follows: 1. Common address, parcel number and legal description of the site; 2. Contact information for all persons having a legal interest in the property; 3. Vicinity map; 4. A brief narrative description of the project; 5. Geotechnicial investigations including soil maps, borings, site-specific recommendations, and any additional information necessary for the proposed stormwater management design; 6. Written or graphic inventory of natural resources existing at the site and in the surrounding area, including, but not limited to, watercourses, wetlands, and native vegetative areas; 7. Data for total site area, disturbed area, new and/or replaced impervious surface area, and total impervious surface area; 8. Topographic survey information showing existing and proposed contours, including all areas necessary for the post-development hydraulic analyses of proposed stormwater management facilities; 9. Erosion and sediment control plan, as required by City Code Section 16.08, Excavation, Grading and Retaining Walls; 10. A list of any other applicable environmental permits that will be required for the project and the responsible agencies (examples: Santa Clara Valley Water District, State Department of Fish and Game, Regional Water Quality Control Board); 11. Hydrologic computations, including drainage area maps depicting existing and post-development runoff flow paths and land use; 12. Hydraulic computations for existing and post-development conditions; 13. A list of all stormwater management facilities and practices to be employed at the site; 14. A list of any regular on-site cleaning activities to be used as stormwater pollutant source controls (example: pavement sweeping) and the schedules for these cleaning activities; 15. Numeric sizing criteria computations for stormwater treatment BMPs according to the SCVURPPP "Guidance for Implementing Stormwater Regulations for New and Redevelopment Projects;" 16. Structural and construction details for all components of the proposed drainage system or systems and stormwater management facilities; 17. Landscaping plan showing disposition of existing vegetation and any vegetative site stabilization and/or landscape-based storm water management measures; 18. Cost estimates for all proposed on-site stormwater management facilities for the purpose of calculating the amount of any required performance bonds and determining BMP practicability; 19. BMP operation and maintenance procedures, including maintenance tasks, inspection and maintenance schedule, the parties responsible for BMP operation and maintenance, funding mechanisms for on-going operation and maintenance and access and safety issues; 20. Certification by the owner/developer that all stormwater management construction will be done according to this stormwater Management Plan; 21. An as-built certification signature block to be executed by the responsible registered civil engineer after project completion; and 22. Any other information as may be required by the Director of Public Works. B. HMP-Related Requirements. The following must be included in the Storm Water Management Plan for any Group 1 project that may be subject to HMP requirements (as discussed in Provision 9.18.100 of this Ordinance). 1. An explanation of the applicability of hydromodification management requirements based on the "Applicability and Requirements Flow Chart" of the HMP. 2. Hydrologic and hydraulic calculations for any hydromodification management BMPs with an explanation of how these BMPs will function as the required flow controls. 3. If the applicant is applying for an exemption from HMP requirements, hydraulic calculations and construction cost data must be submitted as justification. This information shall be prepared by a qualified professional civil engineer registered in the State of California. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 9.18.140 Preparation of the stormwater Management Plan. A. Group 1 Projects. stormwater Management Plans submitted for any Group 1 project shall be prepared under the direction of a professional civil engineer registered in the State of California. The responsible professional civil engineer shall stamp and sign the approved stormwater Management Plan. 2006 S-9 38E Stormwater Pollution Prevention and Watershed Protection B. Group 2A/2B Projects. The Stormwater Management plan submitted for any Group 2A/2B project shall be prepared under the direction of a professional civil engineer or landscape architect registered in the State of California. The responsible professional shall stamp and sign the approved Stormwater Management Plan. C. The Director of Public Works may require a developer to provide a signed certification from the civil engineer or landscape architect responsible for preparing the Stormwater Management Plan that all Stormwater best management practices have been designed to meet the requirements of this Ordinance. Each certifying professional shall establish to the Ciry's satisfaction that such person has been trained on the design of stormwater quality best management practices not more than three (3) years prior to the certification signature date. Qualifying training shall be conducted by an organization with stormwater quality management expertise, such as a university, the Bay Area Stormwater Management Agencies Association, the American Society of Civil Engineers, the American Public Works Association, or the California Water Environment Association. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 9.18.150 Stormwater BMP Operation and Maintenance Responsibility. A. For the life of the project, all on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired by the property owner(s), an Owners' or Homeowners' Association or other legal entity approved by the City. B. Any repairs or restoration and maintenance shall be in accordance with City-approved plans. C. The property owner(s) of Group 1 and Group 2A/2B projects shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the project's approved Stormwater Management Plan. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 9.18.160 Stormwater BMP Operation and Maintenance Agreement. A. Prior to the issuance of any building permit a Group 1 or Group 2A/2B project, the owner(s) of the site shall enter into a formal written stormwater BMP operation and maintenance agreement with the City. The City shall record this agreement, against the property or properties 9.18.140 involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. B. The Stormwater BMP operation and maintenance agreement shall require that the BMPs not be modified and that BMP maintenance activities not alter the designed function of the facility from its original design uNess approved by the City prior to the commencement of the proposed modification or maintenance activity. C. The stormwater BMP operation and maintenance agreement shall provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the City shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. D. The owner shall provide the City with three signed copies of the recorded stormwater BMP operation and maintenance agreement. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 9.18.170 Stormwater BMP Inspection Responsibility. A. The property owner(s) of Group 1 and Group 2A/2B projects shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable party. B. Unless otherwise required by the City, stormwater facility inspections shall be done at least twice per year, once in fall, in preparation for the wet season, and once in winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site reinspection. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 9.18.180 Records of Maintenance and Inspection Activities. On or before April 15th of each year, the party responsible for the operation and maintenance of on-site stormwater management facilities Group 1 or Group 2A/2B projects shall provide the City with records of all inspections, maintenance and repairs. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 2006 S-9 9.18.190 Cupertino -Health and Sanitation 38F 9.18.190 Failure to Maintain. A. If the responsible party fails or refuses to meet the requirements of the stormwater BMP operation and maintenance agreement, the City, after thirty (30) days written notice, may correct a violation of the design standards or maintenance requirements by performing the necessary work to place the facility or practice in proper working condition. B. In the event the City determines that the violation constitutes an immediate danger to public health or public safety, 24 hours written notice from the City shall be sufficient. C. The City may assess the owner(s) of the property for the cost of repair work and any penalties. This may be accomplished by placing a lien on the property, which may be placed on the tax bill for such property and collected in the ordinary manner for such taxes. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 9.18.200 Inspection and Maintenance Easement. A. The City shall have access to all on-site stormwater treatment facilities for the purpose of inspection and repair. This includes the right to enter a property when the City has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance. B. Prior to the issuance of a building permit for a Group 1 or Group 2A/2B project, the applicant/owner shall secure the necessary inspection and maintenance easement(s) on a permanent basis. The terms of the inspection and maintenance easement shall allow the City to enter the property at reasonable times and in a reasonable manner for the purpose of inspection and repair. C. The inspection and maintenance easement will be recorded by the City with the stormwater BMP operation and maintenance agreement and will remain in effect even with transfer of title to the property. D. The owner shall provide the City with three signed copies of the recorded inspection and maintenance easement. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 9.18.210 stormwater Pollutant Source Control BMPs. A. Storm Drain Inlet Labeling. Storm drain inlets shall be clearly marked with the words "No Dumping - Flows to Bay," or equivalent. B. Drains and Drain Lines. 1. Interior floor drains shall not be connected to the storm drain system. 2. Exterior drains within the following areas shall not be connected to the storm drain: a. Equipment or vehicle washing areas; b. Areas where chemicals, hazardous materials, or other uncontained materials are stored unless secondary containment is provided; c. Equipment or vehicle fueling areas or fluid changing areas; d. Loading docks where chemicals, hazardous materials, grease, oil, or waste products are handled. 3. Roof runoff shall be directed to landscaped areas unless deemed infeasible by the Director of Public Works. Upon approval of the Director of Public Works, projects located in hillside areas may be exempt from these requirements. 4. Nonresidential facilities shall either: (a) provide secondary containment for all roof-mounted equipment, tanks, and piping containing liquids other than potable water; or (b) connect all roof drains and equipment discharge lines to the sanitary sewer. 5. Boiler drain lines shall be connected to the sewer system and may not be discharged to the storm drain system. 6. Cooling systems shall not be connected or allowed to drain to the storm drain system. 7. Condensate lines shall not be connected or allowed to drain to the storm drain system. C. Pool and Spa Discharges 1. It shall be unlawful to discharge water from pools and spas to the storm drain system. 2. When draining a pool, a hose or other temporary system shall be directed into a sewer (not storm drain system) clean out. 3. For swimming pools, a sewer clean out shall be installed in a readily accessible area, within ten (10) feet of the pool edge, if possible. 4. De-chlorinated spa discharges may be directed to landscaped areas, providing this does not generate runoff to the storm drain system. D. Vehicle and Equipment Fueling Facilities. Vehicle or equipment fueling facilities shall be designed to prevent the runon of stormwater and runoff of spills. This shall be accomplished by: 1. Paving the fueling area with concrete or other impervious surface; 2. Covering the fueling area and extending the cover a minimum of ten (10) feet beyond the fuel pumps in the directions of vehicle or equipment access and egress; and 3. Grading the area (sloped inward) or installing a berm or curb around the perimeter of the fueling area. Storm drains shall be prohibited in these fueling areas. 2006 S-9 38G Stormwater Pollution Prevention and Watershed Protection E. Vehicle Service Facilities. 1. No person shall dispose of, nor permit the disposal, directly or indirectly, of vehicle fluids, hazardous materials, or rinsewater from parts cleaning operations into storm drains. 2. All owners and operators of vehicle service facilities shall ensure that any vehicle fluid, hazardous material, or rinsewater from parts cleaning operations that comes into contact with any floor, pavement or ground surface is cleaned up immediately from such surface. 3. No tanks, containers or sinks used for parts cleaning or rinsing shall be connected to the storm drain system. 4. No person shall perform vehicle fluid removal outside a building, nor on asphalt or ground surfaces, whether inside or outside a building, except in such a manner as to ensure that any spilled fluid will be in an area of secondary containment. 5. Leaking vehicle fluids shall be contained or drained immediately. 6. No person shall leave unattended drip parts or other open containers containing vehicle fluid, unless such containers are in use or in an area of secondary containment. 7. No person shall discharge wastewater from vehicle washing operations or wash racks to a storm drain, or onto the ground. 8. No person shall discharge water from vehicle washing operations into the storm drain, except that used for rinsing of vehicle exterior surfaces with water to remove only atmospheric dust deposited on a vehicle when not in use. This exception does not apply to commercial vehicle washing facilities or fleet washing. 9. Vehicle service facilities shall be cleaned using only those methods of cleaning that ensure that no materials are discharged to the storm drain. 10. All owners and operators of vehicle service facilities shall ensure that spill prevention and clean-up equipment and absorbent materials are kept in stock at all times and are readily available for use. 11. No acid-containing batteries shall be stored except within secondary containment. 12. All owners and operators of vehicle service facilities shall post or cause to be posted signs on all storm drains located on the property of the facility notifying persons that the discharge of waste into the storm drain is illegal. F. Food Service Facilities. 1. Food service facilities shall have a sink or other area for cleaning floor mats, containers, and equipment, which is connected to a grease removal device and the sanitary sewer. The sink or cleaning area shall be large 9.18.210 enough to clean the largest mat or piece of equipment to be cleaned. 2. New buildings constructed to house food service facilities shall include a covered area for a dumpster. The area shall be designed to prevent water runon to the area and runoff from the area. 3. Drains that are installed beneath dumpsters serving food service facilities shall be connected to a grease removal device. G. Parking Garages. 1. If installed, parking garage floor drains on interior levels shall be not be connected to the storm drain, but to an oil/water separator prior to discharging to the sanitary sewer system. 2. Parking garage oil/water separators shall have a minimum capacity of 100 gallons. 3. The parking garage oil/water separator shall be cleaned at a frequency of at least once every twelve months or more frequently if recommended by the manufacturer or as required by the City. H. Root control chemicals. No person shall discharge, dispose or add to the storm drain system any substance to control roots. I. Dumpsters. 1. New buildings, except for single-family and duplex residences, shall provide a covered area for a dumpster. 2. The area shall be designed to prevent water runon to the area and runoff from the area. 3. Dumpsters serving food service facilities shall be designed in accordance with Section 9.18.200F, above. J. Multi-Family Residential Vehicle Washing Facilities. 1. New residential buildings with 25 or more units shall provide a covered, bermed area for occupants to wash their vehicles. 2. The vehicle washing area shall be designed to prevent water runon to the area and runoff from the area. 3. A drain shall be installed to capture all vehicle washwaters and shall be connected to an oil/water separator prior to discharge to the sanitary sewer system. 4. Vehicle washing area oil/water separators shall have a minimum capacity of 100 gallons. 5. The oil/water separator shall be cleaned at a frequency of at least once every six months or more frequently if recommended by the manufacturer or the superintendent. K. Copper roofing materials. 1. Copper metal roofing, copper granule-containing asphalt shingles and copper gutters shall not be permitted for use on any residential, commercial or industrial building for which a building permit is required. 2006 S-9 9.18.210 Cupertino -Health and Sanitation 38H 2. Copper flashing for use under tiles or slates and small copper ornaments are exempt from this prohibition. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 9.18.220 Violation. Any person who violates any provision of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12 of this Code. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.230 Civil Penalty for Violation-Payment of Funds to Account. Any person who violates any provision of this Chapter or any provision of any permit issued pursuant to this Chapter shall be civilly liable to the city in a sum not to exceed the amounts provided for in Government Code §§ 54740 and/or 54740.5. The City may petition the Superior Court pursuant to Government Code § 54740 to impose, assess and recover such sums. The civil penalty provided in this section is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this Section shall be paid to City's Environmental Storm Management Account. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.240 Civil Penalty for Illicit Discharges-Payment of Funds to Account. Any person who discharges pollutants, in violation of this Chapter, by the use of illicit connections shall be civilly liable to the City in a sum not to exceed Twenty Five Thousand Dollars ($25,000.00) per day per violation for each day in which such violation occurs. The City may petition the Superior Court pursuant to Government Code § 54740 to impose, assess and recover such sums. The civil penalty provided in this section is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this section shall be paid to City's Environmental Storm Management Account. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) revocation or suspension, he/she shall issue a notice of violation which: (1) Enumerates the violations found; and (2) Orders compliance by a certain date. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.260 Administrative Penalties-Payment of Funds to Account. Whenever the City Manager or his/her designee finds that any person has violated any notice, of violation requiring compliance with any provision of this Chapter, or has violated any provision of this Chapter, he may assess an administrative penalty in a sum not to exceed the amounts provided in Government Code § 54740.5. The remedy provided in this Section is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this section shall be paid to City's Environmental Storm Management Account. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992) 9.18.270 Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Chapter is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this Chapter shall not be affected thereby. (Ord. 1982, § 1 (part), 2006; Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003) 9.18.250 Notice of Violation. Unless the Director of Public Works finds that the severity of the violation warrants immediate action under Sections 9.18.220, 9.18.230 or 9.18.240 above, or permit 2006 S-9 14.18.010 CHAPTER 14.18: HERITAI~E AND SPECIMEN TREES Section 14.18.010 Purpose. 14.18.020 Definitions. 14.18.030 Retention promoted. 14.18.040 Designation. 14.18.050 Heritage tree list. 14.18.060 Plan of protection. 14.18.070 Recordation. 14.18.080 Identification tag. 14.18.090 Application to remove. 14.18.100 Notice list to accompany application 14.18.110 Appeal 14.18.120 Permit required for removal 14.18.130 Enforcing authority. 14.18.140 Exemptions. 14.18.150 Application for permit. 14.18.160 Director to inspect. 14.18.170 Review of application. 14.18.180 Review standards. 14.18.190 Protection during conservation. 14.18.200 Protection plan before permit granted. 14.18.210 Applicant to guarantee protection. 14.18.220 Notice of action on permit-Appeal. 14.18.230 Penalty. 14.18.010 Purpose. In enacting this chapter, the City of Cupertino recognizes the substantial economic, environmental and aesthetic importance of its tree population. The City finds that the preservation of specimen and heritage trees on private and public property, and the protection of all trees during construction, is necessary for the best interests of the City and of the citizens and public thereof, in order to: A. Protect property values; B. Assure the continuance of quality development; C. Protect aesthetic and scenic beauty; D. Assist in the absorption of rain waters, thereby preventing erosion of top soil, protecting against flood hazards and the risk of landslides; E. Counteract air pollutants by protecting the known capacity of trees to produce pure oxygen from carbon dioxide; F. Maintain the climatic balance (e.g., provide shade); G. Help decrease potential damage from wind velocities; H. Protect specimen and heritage oak trees. For the above reasons, the City finds it is in the public interest, convenience and necessity to enact regulations controlling the care and removal of specimen and heritage trees within the City in order to retain as many trees as possible, consistent with the individual rights to develop, maintain and enjoy private and public property to the fullest possible extent. Specimen and heritage trees are considered a valuable asset to the community. The protection of such trees in all zoning districts including residential zones is intended to preserve this valuable asset. (Ord. 1573, § 2, 1991; Ord. 1543, § 2, 1991) 14.18.020 Definitions. Unless otherwise stated, the following definitions pertain to this chapter. A. "City" means the City of Cupertino situated in the County of Santa Clara, California. B. "Developed residential" means any legal lot of record, zoned single-family, duplex, agricultural residential and residential hillside, with any structure (principal or accessory) constructed thereon. C. "Heritage tree" means any tree or grove of trees which, because of factors including, but not limited to, its historic value, unique quality, girth, height or species, has been found by the Architectural and Site Approval Committee to have a special significance to the community. D. "Oak tree" shall include all trees of oak genus, including, but not limited to, the Valley Oak (Quercus lobata) and California Live Oak (Quercus agrifolia). E. "Owner" shall include the legal owner of real property within the City, and any lessee of such owner. F. "Person" shall include an individual, a firm, an association, acorporation, a co-partnership, and the lessees, trustees, receivers, agents, servants and employees of any such person. G. "Private property" shall include all property not owned by the City or any other public agency. :S3 14.18.020 Cupertino -Streets, Sidewalks and Landscaping H. "Public property" includes all property owned by the City or any other public agency. I. "Specimen tree" means any of the following: 1. A tree described on the table below: Species Measurement Single-Trunk Multi-Trunk From Natural Diameter/ Diameter/ Grade Circumference Circumference Native Trees: Oak trees 4-1/2' 10" (31") 20" (63") California 4-1/2' 10" (3l") 20" (63") Buckeye Big Leaf 4-1/2' 12" (38") 25" (79") Maple Nonnative Trees: Deodar 4-1/2' 12" (38") 25" (79") Cedar Blue Atlas 4-1/2' 12" (38") 25" (79") Cedar 2. A tree required to be protected as a part of a zoning, tentative map, use permit, or privacy protection requirement in an R-1 zoning district. J. "Tree removal" means the destruction (in a twelve month period) of twenty-five percent or more, as determined by the Community Development Director, of any heritage or specimen tree by cutting, retarding, girdling or applying chemicals. (Ord. 1886, (part), 2001; Ord. 1835, (part), 1999; Ord. 1810, (part), 1999; Ord. 1715, (part), 1996; Ord. 1573, § 3, 1991; Ord. 1543, § 3, 1991) 14.18.030 Retention Promoted. Heritage and specimen trees are considered an asset to the community and the pride of ownership and retention of these species shall be promoted. The Director of Community Development shall conduct an annual review of the status of heritage trees and report the findings to the Planning Commission. (Ord. 1715, (part), 1996; Ord. 1543, § 4.1, 1991) 14.18.040 Designation. The Planning Commission, may, by resolution, designate a tree or grove of trees as a heritage tree(s). Prior to adoption of such a resolution, not less than ten days' written notice shall be delivered to the owner. If the owner of the property protests the designation an appeal can be initiated. (Ord. 1715, (part), 1996; Ord. 1630, (part), 1993; Ord. 1543, § 4.2, 1991) 34 14.18.050 Heritage Tree List. A heritage tree list shall be created and amended by resolution. The list shall include the reason for designation, tree circumference, species name, common name, location and heritage tree number. (Ord. 1543, § 4.3, 1991) 14.18.060 Plan of Protection. A. The Planning Commission shall consider a plan of protection developed by the Community Development Department or aCity-retained certified arborist. The protection plan shall include information for correct pruning, maintenance and fertilization methods. B. It shall be the property owner(s) responsibility to protect the tree. The plan shall be provided for his/her use at his/her discretion in order to obtain the retention objection. C. Privacy protection planting in R-1 zoning districts shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species. Where privacy protection planting dies it must be replaced within thirty days with the location, size and species described in Ordinance No. 1799 (privacy protection) and its appendix. The affected property owner, with privacy protection planting on their own lot, is not required to maintain the required planting. (Ord. 1810, (part), 1999; Ord. 1630, (part), 1993; Ord. 1543, §§ 4.4, 4.5, 1991) 14.18.070 Recordation. Heritage and specimen trees required to be retained under Section 14.8 1.020 I2, except for trees on public property, shall have retention information placed on the property deed via a conservation easement in favor of the City, private covenant, or other method as deemed appropriate by the Director. The recordation shall be completed by the property owner at the time of use permit, zoning, tentative map or initial/new building permit issuance. (Ord. 1573, § 4.6, 1991; Ord. 1543, § 4.6, 1991) 14.18.080 Identification Tag. Heritage trees shall have on them an identification tag, purchased and placed by the City, inscribed with the following information: CITY OF CUPERTINO HERITAGE TREE NO. Please do not prune or cut before contacting the City. (Ord. 1543, § 4.7, 1991) 14.18.090 Application to Remove. If an application for heritage tree removal is submitted, the request shall be forwarded to the Planning Commission 2006 S-9 Repl. 19.28.010 CHAPTER 19.28: SINGLE-FAMILY RESIDENTIAL (R1) ZONES Section 19.28.010 Purposes. 19.28.020 Applicability of regulations. 19.28.030 Permitted uses. 19.28.040 Conditional uses. 19.28.050 Development regulations (site). 19.28.060 Development regulations (building) 19.28.070 Landscape requirements. 19.28.080 Permitted yard encroachments. 19.28.090 Minor residential permit. 19.28.100 Two-story residential permit. 19.28.110 Exceptions. 19.28.120 Development regulations-Eichler (R1-e). 19.28.130 Development regulations-(R1-a). 19.28.140 Interpretation by the Planning Director. 19.28.010 Purposes. R-1 single-family residence districts are intended to create, preserve and enhance areas suitable for detached dwellings in order to: A. Enhance the identity of residential neighborhoods; B. Ensure provision of light, air and a reasonable level of privacy to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; D. Reinforce the predominantly low-intensity setting in the community; (Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 1928.020 Applicability of Regulations. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in an R-1 single-family residence district other than in conformance with the provisions of this chapter and other applicable provisions of this title. (Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 19.28.030 Permitted Uses. The following uses shall be permitted in the R-1 single- family residence district: A. Single-family use; B. A second dwelling unit conforming to the provisions, standards and procedures described in Chapter 19.82, except for those second dwelling units requiring a conditional use permit; C. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with the provisions of Chapter 19.80 of this title; D. Home occupations in accordance with the provisions of Chapter 19.92; E. Horticulture, gardening, and growing of food products for consumption by occupants of the site; F. Residential care facility that is licensed by the appropriate State, County agency or department with six or less residents, not including the provider, provider family or staff; G. Small-family day care home; H. The keeping of a maximum of four adult household pets, provided that no more than two adult dogs or cats may be kept on the site; I. Utility facilities essential to provision of utility services to the neighborhood but excluding business offices, construction or storage yards, maintenance facilities, or corporation yards; J. Large-family day care homes, which meet the parking criteria contained in Chapter 19.100 and which are at least three hundred feet from any other large-family day care home. The Director of Community Development or his/her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements; K. Congregate residence with ten or less residents. (Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1688, § 3 (part), 1995; Ord. 1657, (part), 1994; Ord. 1601, Exh. A (part), 1992) 19.28.040 Conditional Uses. The following uses may be conditionally allowed in the R-1 single-family residence district, subject to the issuance of a conditional use permit: A. Issued by the Director of Community Development: 1. Temporary uses, subject to regulations established by Chapter 19.124; 29 2005 S-4 19.28.040 Cupertino -Zoning 30 2. Large-family day care home, which otherwise does not meet the criteria for a permitted use. The conditional use permit shall be processed as provided by Section 15.97.46(3) of the State of California Health and Safety Code; 3. Buildings or structures which incorporate solar design features that require variations from setbacks upon a determination by the Director that such design feature or features will not result in privacy impacts, shadowing, intrusive noise or other adverse impacts to the surrounding area; 4. Second dwelling units which require a conditional use permit pursuant to Chapter 19.84; 5. Home occupations requiring a conditional use permit pursuant to Chapter 19.92 of this title. B. Issued by the Planning Commission: 1. Two-story structures in an area designated for a one-story limitation pursuant to Section 19.28.060 G(6) of this chapter, provided that the Planning Commission determines that the structure or structures will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area; 2. Group care activities with greater than six persons; 3. Residential care facilities that fall into the following categories: a. Facility that is not required to obtain a license by the State, County agency or department and has six or less residents, not including the providers, provider family or staff; b. Facility that has the appropriate State, County agency or department license and seven or greater residents, not including the provider family or staff, is a minimum distance of five hundred feet from the property boundary of another residential care facility; c. Facility that is not required to obtain a license by the State, County agency or department and has seven or greater residents, not including the provider family or staff, is a minimum distance of five hundred feet from the property boundary of another residential care facility; 4. Congregate residence with eleven or more residents, which is a minimum distance of one thousand feet from the boundary of another congregate residence and has a minimum of seventy-five square feet of usable rear yard area per occupant. (Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1784, (part), 1998; Ord. 1688, § 3 (part), 1995; Ord. 1657, (part), 1994; Ord. 1618, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.28.050 Development Regulations (Site). A. Lot Area Zoning Designations. 1. Lot area shall correspond to the number (multiplied by one thousand square feet) following the R-1 zoning symbol. Examples are as follows: Zoning Symbol Number Minimum Lot Area in Square Feet R1 5 5,000 R 1 6 6,000 R1 7.5 7,500 R1 10 10,000 R1 20 20,000 2. Lots, which contain less area than required by subsection A(1) of this section, but not less than five thousand square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled. B. Lot Width. The minimum lot width shall be sixty feet measured at the front-yard setback line, except in the R1-5 district where the minimum lot width is fifty feet. C. Development on Properties with Hillside Characteristics. 1. Buildings proposed on properties with an average slope equal to or greater than fifteen percent shall be developed in accordance with the site development and design standards specified in Sections 19.40.050 through 19.40.140 of the Residential Hillside ordinance, Chapter 19.40, or the RI zoning ordinance, Chapter 19.28, whichever specific regulation is more restrictive. 2. No structure or improvements shall occur on slopes of thirty percent or greater unless an exception is granted in accordance with Section 19.40.140, unless no more than five hundred square feet of development, including grading and structures, occurs on an area with a slope of thirty percent or greater. D. An application for building permits filed and accepted by the Community Development Department (fees paid and permit number issued) on or before March 1, 2005 may proceed with application processing under ordinances in effect at that time. (Ord. 1954, (part), 2005; Ord. 1886, (part), 2001; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1635, § 1 (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.28.060 Development Regulations (Building). A. Lot Coverage. The maximum lot coverage shall be forty-five percent of the net lot area. An additional five percent of lot coverage is allowed for roof overhangs, patios, porches and other similar features not substantially enclosed by exterior walls. B. Floor Area Ratio. The objective of the floor area ratio (FAR) is to set an outside (maximum) limit for square footage. The FAR shall be used in conjunction with the residential development standards and guidelines in this ordinance in determining whether the mass and scale of the project is compatible with the surrounding neighborhood. 2006 S-9 Repl. 37 Comprehensive 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 Rezones certain land (Not codified) 1977 Rezones certain land (Not codified) 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) 2006 S-9 35 UTILITIES See FRANCHISE See SEWER See UNDERGROUND UTILITIES See WATER UTILITY USERS EXCISE TAX Administration, scope, authority 3.34.100 Benefit declaration 3.34.150 Collection debt to city, actions permitted 3.34.150 due date, delinquency, penalties 3.34.070 procedure generally 3.34.090 Conflicting provisions, resolution 3.34.190 Construance of provisions 3.34.200 Definitions, 3.34.010 Duration, term 3.34.160 Exemptions designated 3.34.020 partial, criteria 3.34.060 Grammatical interpretation of provisions 3.34.140 Imposed, rate, applicability See also Exemptions electricity users tax 3.34.040 gas users tax 3.34.050 telephone users tax 3.34.030 Payment See also Collection failure, assessment when, effect 3.34.110 Powers deemed additional 3.34.180 Proceeds, revenue measure, disposition 3.34.170 Purpose of provisions 3.34.005 Recordkeeping requirements 3.34.120 Refund, criteria, procedure 3.34.130 Tax See also Specific Subject administrator defined 3.34.020 Validity of proceedings, tax actions, proceeding limitation 3.34.220 generally 3.34.210 -- V -- VEHICLE See also PARKING See also TRAFFIC Abandoned abatement authority 11.04.050 compliance time limit 11.04.091 cost recovery, generally 11.04.092 cost recovery, repeat violation 11.04.150 notice 11.04.060 definitions 11.04.011 Index disposition final 11.04.140 notice 11.04.110 procedure 11.04.120 enforcement of provisions 11.04.040 hearing Animal transport in See ANIMAL Bicycle See BICYCLE procedure 11.04.090 when 11.04.070 nuisance 11.04.031 prohibitions designated 11.04.019 exceptions 11.04.020 purpose of provisions 11.04.010 reconstruction 11.04.130 Off-street See OFF-STREET VEHICLES Overweight, special permit appeals 11.37.070 applicability 11.37.020 application contents 11.37.030 fee 11.37.040 issuance 11.37.050 limitations, restrictions, imposition purpose of provisions 11.37.010 Peddler, restrictions 5.20.120 Taxicab See TAXICAB VENDING MACHINE Business license See also BUSINESS LICENSE fee 5.04.360 VENDORS, MOBILE Exemptions 5.48.060 Location restrictions 5.48.050, 5.48.070 Operating regulations 5.48.080 Permit application, issuance 5.48.030 fees 5.48.040 required 5.48.020 revocation, suspension 5.48.090 Purpose of provisions 5.48.010 Violation, penalty 5.48.100 -- W -- WASTE See GARBAGE 11.37.060 Cupertino -Index See WATERCOURSE POLLUTION See PREVENTION WATER See also FRANCHISE See also SEWER See also WATERCOURSE POLLUTION See also PREVENTION Conservation definitions 15.32.020 emergency shutoff 15.32.050 findings 15.32.010 prohibited acts 15.32.030 violation, penalty 15.32.060 Rates, charges appeals 15.04.050 definitions 15.04.010 determination criteria 15.04.020 establishment procedure 15.04.030 exceptions generally 15.04.040 imposition authority 15.04.020 modifications, establishment procedure 15.04.030 pass-throughs authorized when 15.04.040 WATERCOURSE POLLUTION PREVENTION Definitions 9.18.020 Discharges accidental discharge notice, statement requirements 9.18.070 prevention, facilities, requirements 9.18.060 permitted, NPDES permit required 9.18.080 restrictions, prohibitions generally 9.18.040 storm drain See also Specific Subject connection required 9.18.030 violation See also Violation nuisance when 9.18.050 NPDES permit See Discharges Purpose of provisions 9.18.010 Storm drain discharge regulations 9.18.030 Stormwater BMP Failure to maintain 9.18.190 Inspection and maintenance easement 9.18.200 Inspection responsibility 9.18.170 2006 S-9 36 Operation and maintenance agreement 9.18.160 Operation and maintenance responsibility 9.18.150 Records of maintenance and inspection activities 9.18.180 Stormwater pollutant source control BMPs 9.18.210 Stormwater management plan Contents 9.18.130 Preparation of 9.18.140 Required for Group 1 and Group 2A/2B projects 9.18.120 Stormwater pollution prevention Design and selection of best management practices 9.18.110 Permanent prevention measures required 9.18.100 Plan 9.18.090 Violation See also Discharges administrative penalties 9.18.260 civil penalties illicit discharges 9.18.240 provisions, permit violation 9.18.230 misdemeanor 9.18.220 notice, contents 9.18.250 WEAPON See FIREARM WEEDS See also PROPERTY MAINTENANCE Abatement assessment collections as tax 9.08.100 hearing 9.08.090 notice, posting, mailing 9.08.080 responsibility 9.08.070 authority, procedure 9.08.060 hearing 9.08.050 notice form designated 9.08.030 mailing 9.08.040 property damage, notice of improvements 9.08.110 Defined, prohibited 9.08.010 Nuisance, abatement required 9.08.020 WIRELESS COMMUNICATIONS FACILITIES See ZONING