2005 S-06City Code Updates for
CITY CLERK - 1
CHAMBER - 2
CITY COUNCIL OFFICE - 1
CUPERTINO, (.'ALIFORNIA
~,~ Instruction Sheet
2005 S-6 Supplement
REMOVE OLD PAGES INSERT NEW PAGES
Title page Title page
TITLE II: ADMINISTRATION AND PERSONNEL
1, 2 1, 2
53, 54 53, 54
TITLE IX: HEALTH ,AND SANITATION
35 through 38F 35 through 38H
TITLE XI: VEHICLI?S AND TRAFFIC
45, 46 45, 46
TITLE XIV: STREETS, SIDEWALKS AND LANDSCAPING
11 through 14 11 through 14
APPEI\'DIX
Comprehensive Ordinance List
37, 38
IND1=;X
9,10 9,10
31, 32 31, 32
35, 36 35, 36
dg
September 29, 2005
CITY OF CUPERTIlvO, CALIFORNIA
MUNICIPp~L CODE
2005 S-6 Supplement contains:
Local legislation current through Ordinance 1967, passed 9-20-OS
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TITLE 2: ADMINISTRATION AND PERSONNEL
Chapter
2.04. City Council-Election and Meetings
2.06 (Reserved)
2.08 City Council-Rules and Conduct of Meetings
2.12 Introduction and Passage of Ordinances
2.16 City Council- Salaries
2.18 City Attorney
2.20 City Clerk
2.24 City Treasurer
2.28 City Manager
2.30 Code Enforcement Officer
2.32 Planning Commission
2.36 Park and I7;ecreation Commission
2.40 Disaster Council
2.48 Departmental Organization
2.52 Personnel (:ode
2.60 Public Safety Commission
2.64 (Reserved)
2.68 Library Commission
2.74 Cupertino 'Technology, Information, and Communications
Commissio»
2.78 Landlord-Tenant Mediation-Issuance of Subpoenas
2.80 Fine Arts Commission
2.84 Environmental Review Committee
2.86 Housing Commission
2.88 Audit Committee
2.90 Residential Design Review Committee
2.92 Bicycle Pedestrian Commission
2005 S-6
2.74.010
CHAPTER 2.74: CUPERTINO TECHNOLOGY, INFORMATION, AND COMMUNICATIONS COMMISSION*
Section
2.74.010 Established.
2.74.020 Term of office.
2.74.030 Vacancy-Removal.
2.74.040 Meeting-Quorum-Officers-Staff.
2.74.050 Records.
2.74.060 Duties, powers and responsibilities.
2.74.070 Budget.
2.74.080 Effect.
2.74.030 Vacancy-Removal.
Any member may be removed by a majority vote of the
Ciry Council. If a vacancy occurs other than by expiration
of a term vacancies shall be filled by appointment of the
Ciry Council and shall be for the unexpired portion of the
term of office vacated. (Ord. 1965, (part), 2005; Ord.
1714, (part), 1996)
Prior ordinance history: Ords. 1099, 1166,
1167, 1233, 1280, 1321, 1465 and 1697.
2.74.010 Established.
The Technology, Information, and Communications
Commission (formerly Telecommunications Committee of
the City) is established and shall consist of five members
from among the qualified electors of the Ciry, none of whom
shall be officials or employees of the Ciry, nor cohabit with,
as defined by law, nor be related by blood or marriage to
any member of the Commission, the City Manager or the
staff person(s) assigned to this Commission. Members of
the Technology, Information, and Communications
Commission shall be appointed by the Ciry Council. (Ord.
1965, (part), 2005; Ord. 1722, (part), 1996; Ord. 1714,
(part), 1996)
2.74.020 Term of Office.
A. Commissioners serve at the pleasure of the City
Council. The term of office of the members of the
Technology, Information, and Communications
Commission shall be for four years and shall end on January
15th of the year their term is due to expire. No
commissioner shall serve more than two consecutive terms
except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules
governing incumbent members of the Commission are
governed by Resolution No. 7571 of the Cupertino City
Council. (Ord. 1965, (part), 2005; Ord. 1722, (part), 1996;
Ord. 1714, (part), 1996)
2.74.040 Meeting-Quorum-Officers-Staff.
A. The Technology, Information, and
Communications Commission shall hold regular meetings at
least once every three months and at the discretion of the
Commission shall hold other meetings as may be necessary
or expedient. A majority of the Commission shall constitute
a quorum for the purpose of transacting the business of the
Commission.
B. The Commission shall elect a chairperson and a
vice chairperson, both of whom shall serve at the pleasure
of the Commission. The terms of office shall be for one
year.
C. The Ciry Manager shall appoint a staff member
to attend Commission meetings and to provide liaison and
support as needed.
D. The Foothill-De Anza Community College
District shall appoint a staff member to attend Commission
meetings and to provide liaison and support as needed.
(Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord.
1714, (part), 1996)
2.74.050 Records.
The Technology, Information, and Communications
Commission shall keep an accurate record of its proceedings
and transactions, and through the Public Information Officer
shall render such reports to the City Council as may be
required. Commission proceedings shall be public record
and a copy of which shall be filed with the Ciry Clerk.
(Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord.
1714, (part), 1996)
2.74.060 Duties, Powers and Responsibilities.
The Cupertino Technology, Information, and
Communications Commission shall have the following
duties, powers and responsibilities, and such others as the
53
2005 S-6
2.74.060 Cupertino -Administration and Personnel 54
members shall be entrusted with by the Ciry Council from
tone to time. The commission shall:
1. Advise the City Council and Ciry Manager on all
matters relating to technology, information, and
communications within the city of Cupertino;
2. Evaluate compliance with any franchise or other
agreement between the City and technology, information,
and communications providers and make recommendations
to the City Council;
3. Conduct periodic reviews of technology,
information, and communications providers, facilities and
products and make recommendations on such subjects to the
City Council;
4. Recommend amendments to the City's
telecommunications policy of the City Council;
5. Serve as a liaison between the City, the public
and the technology, information, and communications
providers in enhancing information and education. Such
activities include providing an opportunity for input to
residents and disseminating noncommercial, educational
materials about technology, information, and
communications services;
6. At the request of the City Manager, provide
assistance in examining methods to obtain equivalent
franchise fees or other economic benefits from service
providers;
7. Provide support for community access television,
especially public and educational access, and give guidance
when needed for development and implementation of access
channels and programming;
8. Recommend ways to foster the City's best use of
technology, information, and communications
infrastructure and services for the maximum benefit of the
community.
9. Provide education to the community on the use of
technology, information, and communications infrastructure
and services. (Ord. 1965, (part), 2005: Ord. 1722, (part),
1996; Ord. 1714, (part), 1996)
2.74.080 Effect.
Nothing in this chapter shall be construed as restricting
or curtailing any of the powers of the City Council or City
officers or the delegation to the Technology, Information,
and Communications Commission of any authority or
discretionary powers empowered by law on such Council or
officers. (Ord. 1965, (part), 2005; Ord. 1722, (part), 1996;
Ord. 1714, (part), 1996)
2.74.070 Budget.
The Technology, Information, and Communications
Commission shall submit an annual budget to the City
Council for its review and approval. All expenditures
require the approval of the City Manager or his designee.
Any grants for program production or other purposes
require the approval of the City Council. (Ord. 1965,
(part), 2005; Ord. 1722, (part), 1996; Ord. 1714, (pan),
1996)
2005 S-6
9.18.010
CHAPTER 9.18: STORMWATER POLLUTION PREVENTION 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 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 Stormwat~r 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 Ciry 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. 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.
2005 S-6 35
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 Duector 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.
2005 S-6
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 ftZ (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 ftZ (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
area(s), outdoor food handling or processing, outdoor
37 Stormwater Pollution Prevention and Watershed Protection
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.
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
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.
9.18.020
28. "New development. "Aland 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
concentrate stotmwater 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.
2005 S-6
9.18.020 Cupertino -Health and Sanitation 38
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
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
2005 S-6
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
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
38A Stormwater Pollution Prevention and Watershed Protection
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. 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.
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
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
9.18.020
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. 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. 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. 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 Ciry to
minimize damage to storm drains and the receiving waters.
This notification shall be followed, within ten 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. 1967, § 1 (part), 2005; Ord.
1922, § 1 (part), 2003; Ord. 1598, § 1 (part), 1992)
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. 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 or more acres.
2005 S-6
9.18.090 Cupertino -Health and Sanitation 38B
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. 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 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 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.
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
site 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
2005 S-6
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 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 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 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. 1967, § 1 (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 quality 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.
38C Stormwater Pollution Prevention and Watershed Protection
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 Stan at the Source" ;
7. SCVURPPP Hydromodification Management
Plan; and
8. City of Cupertino Planning Procedures
Performance Standard.
B. Numeric sizing criteria used to design stotmwater
pollutant removal treatment systems 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 Runo,Jf Quality Management,
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. 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. 1967, § 1 (part),
2005; Ord. 1922, § 1 (part), 2003)
9.18.110
9.18.120 Stormwater Management Plan Required for
Group 1 and Group 2A Projects.
A. Development Permit Application Requirements.
Applications for Group 1 or Group 2A 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 are exempt from the Storm Water Management Plan
requirements of this Ordinance. (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 Projects. Applicants for all Group 1 and Group 2A
projects are responsible for submitting a Stormwater
Management Plan that meets the requirements of this
Ordinance. The plan shall include sufficient information to
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
2005 S-6
9.18.130 Cupertino -Health and Sanitation 38D
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).
2005 S-6
1. An explanation of the applicability of
hydromodification management requirements based on the
Applicability and Requirements Flow Chan" 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. 1967, § 1 (part),
2005; Ord. 1922, § 1 (part), 2003)
9.18.140 Preparation of the Stormwater Management
Plan.
A. Group 1 Projects. The Stormwater Management
Plan 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.
B. Group 2A Projects. The Stormwater
Management plan submitted for any Group 2A 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 City's satisfaction that such person has
been trained on the design of Stormwater quality best
management practices not more than three 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. 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.
38E Stormwater Pollution Prevention and Watershed Protection
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
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 approved
Stormwater Management Plan. (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 for a
Group 1 or Group 2A 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 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 unless
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. 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
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;
9.18.150
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. 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 of Group 1 or Group 2A
projects shall provide the City with records of all
inspections, maintenance and repairs. (Ord. 1967, § 1
(part), 2005; Ord. 1922, § 1 (part), 2003)
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 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. 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 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.
2005 S-6
9.18.200 Cupertino -Health and Sanitation 38F
D. The owner shall provide the City with three
signed copies of the recorded inspection and maintenance
easement. (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 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 ninon 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 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.
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. Noacid-containing batteries shall be stored except
within secondary containment.
2005 S-6
38G Stormwater Pollution Prevention and Watershed Protection
12. All owners and operators of vehicle service:
facilities shall post or cause to be posted signs on all storni
drains located on the property of the facility notifying;
persons that the discharge of waste into the storm drain i;~
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;
enough to clean the largest mat or piece of equipment to Ix;
cleaned.
2. New buildings constructed to house food service:
facilities shall include a covered area for a dumpster. Thc;
area shall be designed to prevent water runon to the area anti
runoff from the area.
3. Drains that are installed beneath dumpster:;
serving food service facilities shall be connected to a grease
removal device.
G. Parking Garages.
1. If installed, parking garage floor drains ors
interior levels shall 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 ninon 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.
9.18.210
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.
2. Copper flashing for use under tiles or slates and
small copper ornaments are exempt from this prohibition.
(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. 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
Sections 54740 and/or 54740.5. The City may petition the
Superior Court pursuant to Government Code Section 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 Management Account. (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 Section
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
2005 S-6
9.18.240 Cupertino -Health and Sanitation
ordinances. Funds collected pursuant to this section shall be
paid to City's Environmental Storm Management Account.
(Ord. 1967, § 1 (part), 2005; Ord. 1922, § 1 (part), 2003;
Ord. 1598, § 1 (part), 1992)
9.18.250 Notice of Violation.
Unless the Director of Public Works fords that the
severity of the violation warrants immediate action under
Sections 9.18.220, 9.18.230 or 9.18.240 above, or permit
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. 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 Section 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 the City's Environmental Storm Management
Account. (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. 1967,
§ 1 (part), 2005; Ord. 1922, § 1 (part), 2003)
38H
2005 S-6
45 Stopping, Standing and Parking-Public Streets 11.26.110
Street
Sides of Street Portion
H. On any of the following enumerated streets or
portions of streets, within tract Nos. 5919 and 6059,
Countrywood Subdivision:
Northseal Square Both All
Northshore Square Both All
Northsky Square Both All
Northview Square Both All
Northwest Square Both All
Northwind Square Both All
Northwood Drive Both All
C. On any of the following enumerated streets, or
portions of streets, within tract Nos. 4823 and 4824,
Westridge Village Subdivision:
Street
Sides of Street Portion
Amador Oak Court Both All
Dove Oak Court Both All
Lazy Oak Court Both All
Liberty Oak Court Both All
Long Oak Lane Both All
Mossy Oak Court Both All
Queens Oak Court Both All
Royal Oak Way Both All
Spanish Oak Court Both All
Swan Oak Lane Both All
Weeping Oak Court Both All
D. On any of the unnamed streets, or portions of
streets within tract No. 5374, Casa De Anza Condominium,
tract Nos. 4919 and 4920, Rountree Subdivision, and tract
No. 6838, Vista Drive Townhouses.
E. On any of the following enumerated streets, or
portions of streets, within Vallco Fashion Park:
Street Sides of Street Portion
Perimeter Road Both All
Vallco Parkway Both All
F. On any of the designated fire lanes, or portions of
fire lanes, within Vallco Village Shopping Center.
G. On any of the following streets, or portions of
streets, within tract No. 5821, Brookdale Estates
Subdivision:
Street Sides of Street Portion
Sakura Way Both All
Yoshino Place Both All
Street Sides of Street Portion
Cedarbrook Both All
Terrace
Firethome Drive Both All
Flowering Pear Both All
Drive
Golden Aspen Way Both All
Hollytree Place Both All
Mapletree Place Both All
Shady Oak Lane Both All
I. On any of the following enumerated streets or
portions of streets, wtihin Tract Nos. 8325, 8686, 8687 and
8831, Portofino Subdivision:
Street
Sides of Street Portion
Via Napoli Both All
Via Portofino Both All
Via Palamos Both All
Via San Marino Both All
Via Sorrento Both All
Via Volante Both All
Via Lombardi Both All
(Ord. 1760, 1997; Ord. 1138, 1981; Ord. 1079, § 1, 1980;
Ord. 972, § 1, 1980; Ord. 831, § 5.1, 1977)
11.26.120 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:
Amador Oak Court
Camberley Lane
Dove Oak Court
Lamplighter Square
Lazy Oak Court
Liberty Oak Lane
Long Oak Lane
Longdown Road
Mossy Oak Court
Northshore Square
Northbrook Square
Northcove Square
Northwest Square
Northfield Square
Northglen Square
North Oak Square
Northpoint Way
Northridge Square
Northseal Square
Potters Hatch Common
11.26.120 Cupertino -Vehicles and Traffic 46
Northsky Square Ridgeway Drive
Northview Square Spanish Oak Court
Northwest Square Surrey Circle
Northwind Square Swan Oak Lane
Poplar Grove Square
(Ord. 831, § 5.2, 1977)
11.26.130 Violation-Penalty.
Any person who violates the provisions of this chapter
shall be guilty of an infraction and upon conviction thereof
shall be punished as provided in Chapter 1.12. (Ord. 1179,
§ 2 (part), 1982; Ord. 831, § 6.1, 1977)
EXHIBIT 11.26.140
11.26.140 Specification of Sign Permitting
Removal Of Vehicles.
This sign to be used on private property authorizing the
owner or person in lawful possession to remove vehicles
from private property shall be eighteen inches wide and
twenty-four inches high. The sign shall contain the words
"Private Property" in two and one-half inch high letters, the
telephone number of the law enforcement agency in one and
one-half inch high letters and "C.V.C. 22658" in one inch
high letters and shall substantially conform to Exhibit
11.26.140. (Ord. 1313, 1985)
18" -
~ PRIVATE PROPERTY ~~
UNAUTHORIZED OR
ILLEGALLY PARKED
'.D„ VEHICLES WILL BE
Letters
CITED OR REMOVED 24'~
AT OWNERS EXPENSE
PHONE:~/408-299-2311 M g;~
D C. Y .C. 22658 3/8„
Letters Border
C.M.C. 11.26.140
2005 S-6
11 Street Improvements 14.04.175
charges and interest, if any, assessed in the manner provided
in Section 14.04.110.
B. Where the permittee at its own cost acquires land
for the installation of the required street improvements.,
reimbursement to the permittee by the City for that portion
of the cost of land and the cost of those street improvement:.
in excess of the improvements required for the permittee'::
property shall include interest in an amount equal to the'
interest received by the City from the owners of benefittecl
properties as provided in Section 14.04.010.
C. If the permittee cannot purchase or otherwise
acquire land necessary or the installation of the street:
improvements, prior to issuance of a building permit, use
permit or site and architectural approval, the City shall
acquire the necessary land either by negotiation or pursuant.
to its eminent domain powers.
D. Where the Ciry acquires land necessary for the
installation of the street improvements in the manner
provided in subsection C of this section, the reimbursement
agreement shall provide that the permittee shall reimburse
the City for all costs, including litigation costs, incurred by
the City in the acquisition of such land.
The reimbursement agreement shall also provide that
prior to commencement of any proceedings to acquire the
necessary land pursuant to the City's eminent domain
powers, the permittee shall deposit with the City an amount
to be determined by the Director of Public Works, which
amount shall be based on a reasonable estimate of the costs
of acquisition of said land. If the deposit exceeds the actual
cost of acquisition, the City shall refund the excess amount
to the permittee. If the deposit is less than the actual cost of
acquisition, upon written demand by the City, the permittee
shall pay the additional sum to the City.
E. Where the City is able to acquire the land
necessary for the installation of the street improvements at
no cost pursuant to negotiations with the owner or owners of
benefltted properties for which a street facility
reimbursement charge is assessed pursuant to Section
14.04.110(B) of this chapter, and the interest assessed on
those charges is waived as provided in Section 14.04.110(C)
of this chapter, the permittee shall not be entitled to interest
on the reimbursement charges assessed those benefitted
properties.
F. The reimbursement agreement shall be signed by
the Mayor, approved as to form by the City Attorney and
shall set forth the following information:
1. The name, capacity and address of the permittee;
2. A description of the street improvement costs
subject to reimbursement as delineated in Section 14.04.040;
3. An itemized statement, prepared by and attested
to by a licensed engineer, of the reimbursable costs to be
incurred by the permittee in installing the street
improvements;
4. A legal description and assessor's parcel number
for each benefitted property, excepting the permittee's
property;
5. An engineered plat depicting the street
improvements and each benefitted property;
6. The total street improvement costs subject to
reimbursement for each particular benefitted property;
7. The City's obligation to reimburse the permittee
an amount from the street improvement charges assessed
upon benefitted properties and received by the City, if any,
at the time and in the manner provided by Section
14.04.110;
8. Methods of acquisition of land necessary for the
installation of the street improvements, imposition of costs
and recovery of interest; and
9. Such additional information and documents as
may reasonably be required by the City's Director of Public
Works. (Ord. 1652, § 4, 1994)
14.04.176 Disposition of Street Improvement
Reimbursement Charge Revenues.
The revenues received by the City from street
improvement charges assessed pursuant to this chapter shall
be used solely for reimbursements to permittees in the
manner provided by this chapter and the reimbursement
agreement.
Provided, however, that in the event the City is unable to
locate the permittee after five years of due diligent searching
commencing from the date the street improvement
reimbursement charges are paid, or upon the discovery of
facts establishing that a due diligent search would be futile,
the revenues collected hereunder shall be paid to the
treasurer of the City for deposit in the general fund. (Ord.
1652, § 5, 1994)
14.04.180 Payment in Lieu of
Improvement-Schedule.
In all cases where payments in lieu of improvements
are made under this chapter, or where the provisions of this
section are referred to and made applicable elsewhere in this
chapter, the amount thereof shall be determined by the City
Engineer to reflect the estimated cost of making the required
improvements. To assist the City Engineer in estimating
such cost, the permittee may be required to retain the
services of an engineer, whose design estimates of quantity
and cost can then be checked by the City Engineer to
determine their accuracy, completeness, and conformance to
City standards. (Ord. 1094, (part), 1981)
14.04.190 Checking, Inspection and Other Fees.
A. The permittee shall be required to pay any and all
necessary direct expenses for inspection, checking and all
other costs incurred by the City in connection with said
application, and shall prior to the issuance of any permit,
14.04.190 Cupertino -Streets, Sidewalks and Landscaping
deposit with the City or applicable agency the amount of the
fees required by the Ciry Engineer in connection therewith.
B. Such fees shall include, but not be limited to, the
following:
1. Checking and inspection;
2. Indirect expenses;
3. Recording;
4. Development maintenance deposits;
5. Storm drainage;
6. One year street lighting power cost;
7. Street trees;
8. Sanitary district;
9. Pacific Gas and Electric;
10. Excavation; and
11. Municipal water system connection charges.
C. For the purpose of outlining the scope of
improvements and delineating fees, an agreement shall be
entered into between the permittee and the City stipulating
the terms and conditions necessary for compliance with the
provisions of this chapter.
The amount of the fees shall be set forth in said
agreement, which shall be executed prior to issuance of
permits. (Ord. 1094, (part), 1981)
14.04.200 Standard Specifications.
A. Except as otherwise provided by this chapter,
improvements herein required shall be made in accordance
with design and construction details, standard specifications
of the City current at the time the improvements are made.
When a required improvement is not provided for by such
standards and specifications, the nature and type of any such
improvement shall be as approved by the Ciry Council.
B. If there is more than one unimproved street
adjacent to the land owned or occupied by the permittee, the
permittee may be required to pay, or provide, for
improvements on each of said unimproved streets.
C. In calculating the extent of, or cost of,
improvements required by this chapter, the starting point
shall be the abutting property line, and the calculation shall
proceed inward from the property line towards the centerline
of the street. (Ord. 1516, 1990; Ord. 1094, (part), 1981)
14.04.210 Street and Highway Widths.
A. For the purposes of this chapter, the streets and
highways within the City shall be deemed to have the widths
set previously by the Planning Commission and City Council
along adjacent improved sections of the unimproved street,
except that, where no cross sections have been established,
the class of roadway shall be established by the Planning
Commission and Ciry Council in accordance with the
general requirements of design outlined in Title 18 of this
Code.
12
B. Except as otherwise provided in subsection A
above, any street or highway, or portion thereof, shown
upon a subdivision map recorded on or after October 10,
1955, pursuant to the provisions of the ordinance of the City
shall be deemed to have such width as is shown upon said
subdivision map within the limits shown upon said map.
(Ord. 1094, (part), 1981)
14.04.220 Legal Description Required.
A true and accurate legal description of the property to
be developed, and to be dedicated, along with any sketch,
plot plan or vicinity plan required for an accurate description
thereof, shall accompany the application for approval to
develop. (Ord. 1094, (part), 1981)
14.04.230 Exceptions.
A. Upon application for an exception, the Planning
Commission may hear and recommend that the City Council
authorize conditional exception to any of the requirements
and regulations set forth in this chapter, provided, that the
following facts are found:
1. That there are special circumstances and
conditions affecting subject property;
2. That the exception is necessary for the
preservation and enjoyment of a substantial property right of
the developer, and,
3. That the granting of the exception will not be
detrimental to the public welfare, or injurious to other
property in the territory in which said property is situated.
B. Planning Commission Recommendations:
1. In recommending such exceptions, the Planning
Commission shall secure substantially the objectives of the
regulations to which exceptions are requested, and shall act
to protect the public health, safety, convenience and general
welfare;
2. In recommending the authorization of any
exception under the provisions of this section, the Planning
Commission shall report to the City Council its findings with
respect thereto, and all facts in connection therewith, and
shall specifically and fully set forth the exceptions
recommended and the conditions designated.
C. Upon receipt of such report, the City Council
may approve the development plans with or without the
exceptions and conditions recommended by the Planning
Commission, and with such other exceptions, if any, as the
City Council deems necessary substantially to secure the
purposes and objectives of this chapter.
D. Except where the contemplated improvements and
use of the property in question will result in an immediate
danger to public safety, as determined by the Ciry Engineer,
where the contemplated additions, alterations or repairs to
any existing building or structure will not, during any period
2005 S-6
13 Street Icr-provements 14.04.230
of thirty-six months, constitute atwenty-five percent or
greater increase in the floor area of the existing building or
structure, as determined by the building official, based on
the floor area of the existing building or structure at the
beginning of the thirty-six month period, then any permit
required in connection therewith shall be exempt from
application of the provisions of this chapter. In the case of
multiple existing buildings or structures on a parcel, the
existing floor area of each building or structure shall be
considered separately in calculating the increase in floor
area. A detached garage that is the principal garage for a
habitable structure shall be considered a part of the habitable
structure. (Ord. 1966, 2005; Ord. 1094, (part), 1981)
such permit, certificate or license issued in conflict with the
provisions of this chapter shall be null and void. (Ord.
1094, (part), 1981)
14.04.260 Violation-Nuisance.
Any building or structure erected, constructed, altered,
enlarged, converted, moved or maintained, or any use of
land contrary to the provisions of this chapter is declared to
be unlawful and a public nuisance. The City Attorney shall,
upon order of the City Council, commence action or
proceeding for the abatement and removal or enjoinment
thereof in the manner provided by law. (Ord. 1094, (part),
1981)
14.04.240 Appeals.
A. Any person aggrieved by any decision of any
officer, department or commission of the City under the
provisions of this chapter may appeal said decision to the
Ciry Council by filing written notice of the appeal with the
City Clerk within thirty days after the date of the decision,
except that, when an application for exception by filing for
a use permit is made, no appeal will be accepted or
necessary, since the City Council will hear the matter in due
course.
B. Said notice of appeal must state:
1. The asserted error;
2. The grounds upon which said appeal is taken; and
3. The name and address of the party appealing.
Said notice of appeal must be signed by the party appealing,
or by his agent. Said notice of appeal shall not be effective
unless it is filed with the City Clerk within the time required
by subsection A of this section.
C. A public hearing shall be held by the City Council
within thirty days from the date of the filing of the notice.
D. Notice of the time and place of the hearing shall
be given by mail, postage prepaid, and dispatched not less
than ten days prior to the hearing to the applicant at his
address as shown upon notice of appeal.
E. The City Council shall hear the appeal. At the
conclusion of the hearing, the Council may affirm, reverse,
or modify the action appealed: subject, however, to the
provisions of this chapter. The findings and decisions of the
City Council shall be entered upon the minutes of the City
Council, and the decision shall be final and shall take effect
as directed by the City Council. (Ord. 1094, (part), 1981)
14.04.250 Chapter Conformance Required.
All departments, officials and employees of the Ciry
vested with the duty or authority to issue permits shall
conform to the provisions of this chapter, and shall not issue
any permit, certificate or license for use or building, or for
purposes in conflict with the provisions of this chapter. Any
14.04.270 Violation-Utility Connection Denial.
The Building Official shall deny approval and
acceptance of, and shall refuse to allow final public utility
connection to, any building or structure erected,
constructed, added to, altered, or repaired, contrary to the
provisions of this chapter, unless and until the provisions of
this chapter are met. (Ord. 1094, (part), 1981)
14.04.280 Violation-Penalty.
Any person violating any provision of this chapter shall
be deemed guilty of an infraction, and upon conviction
thereof shall be punished as prescribed in Chapter 1.12.
(Ord. 1094, (part), 1981)
14.04.290 Cumulative Remedies.
The remedies contained in this chapter shall be
cumulative, in addition to such other remedies as are
provided by law, and without limitation to the right to
institute such legal action as may be necessary to enforce
any agreement hereinabove provided, or to recover damages
for the breach thereof against the principal or the surety.
(Ord. 1094, (part), 1981)
2005 S-6
37
Ord. No.
Comprehensive Ordinance List
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)
2005 S-6
9
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
Personnelauthoriry 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
2005 S-6
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
31
use 18.36.020
recordation 18.36.070
School
land dedication
exemptions 18.24.170
payment to subdivider 18.24.160
procedure 18.24.150
required 18.24.140
tent map requirements
See Tent map
Sewer system 18.32.050
Soils report
See Final map
Tentative map
Storm drainage 18.32.030
Street
improvement, reimbursement
See STREET IMPROVEMENT
dedication 18.24.010
direct access waiver 18.24.230
Tentative map
See also Map
amendments
See also Map
requirements 18.16.110
approval, conditional approval
expiration when 18.16.090
planning commission authority
18.16.050
time extension 18.16.090
contents 18.16.010
denial grounds 18.16.060
expiration 18.16.090
filing 18.16.050
form 18.16.010
hearing by planning commission, notice
requirements 18.16.040
parcel map requirements
See Tentative parcel map
preparation 18.16.010
required when
See Final map
review by council 18.16.070
school requirements 18.16.030
time limit extensions
See also approval, conditional
approval
requirements 18.16.080
utilities, school district review
18.16.030
Tentative parcel map
See also Map
amendments
See Map
Index
appeals
permitted 18.20.060
procedure 18.20.070
application, fees required 18.20.020
approval, conditional approval
expiration, extension 18.20.080
planning commission action
18.20.040
contents 18.20.010
denial grounds 18.20.050
expiration 18.20.080
form, contents 18.20.010
hearing setting, notice requirements
18.20.030
required when
See Final map
time extension 18.20.080
time limits 18.20.030
Utility undergrounding 18.32.070
Variance permitted when 18.04.050
Vesting tentative map
See also Map
applicability of provisions 18.28.040
approval
application inconsistent with current
policies 18.28.090
expiration 18.28.070
scope, effect 18.28.080
consistency
See also approval
requirements generally 18.28.020
defmitions 18.28.030
fees 18.28.060
filing, processing requirements 18.28.050
generally 18.28.010
Violation
certificate of noncompliance
See Compliance
remedies 18.48.020
Warranty security
See Improvement security
Water system 18.32.060
SURPLUS PROPERTY
See EQUIPMENT, SURPLUS, SALE
SWIMMING POOL
Administration, application 16.32.030
Construction requirements 16.32.050
Definitions 16.32.020
Enforcement authority 16.32.060
Fencing, safety requirements 16.32.040
Inspection required 16.32.073
Permit
Cupertino -Index
application 16.32.071
errors correction 16.32.090
expiration 16.32.100
fees 16.32.072
required 16.32.070
Purpose 16.32.010
Violation, penalty 16.32.080
SWINE
See ANIMAL
--T--
TAVERN
See RESTAURANT
TAX
See Specific Tax
TAX ADMINISTRATOR
Defined 3.12.020
Transient occupancy tax
records access 3.12.110
unreported, determination, notice of hearing
3.12.090
TAX COLLECTOR
Storm drainage service charge collection duties
3.36.080
TAXICAB
Administrative authority 5.28.015
Appeal 5.28.185
Business license
See also BUSINESS LICENSE
fee 5.04.430
Definitions 5.28.010
Direct route 5.28.190
Driver permit
application, issuance 5.28.165
denial 5.28.170
employment termination 5.28.
required 5.28.160
32
application 5.28.070
denial 5.28.080
driver
See Driver permit
for additional, substitute vehicles
5.28.110
Refusal of service prohibited 5.28.200
Taximeter
operation 5.28.040
required 5.28.020
Vehicle numbering 5.28.045
Violation, penalty 5.28.220
required 5.28.060
revocation, suspension 5.28.100
term 5.28.090
TECHNOLOGY, INFORMATION, AND
COMMUNICATIONS COMMISSION
Budget 2.74.070
Effect of provisions 2.74.080
Established 2.74.010
Meetings, staff, officers, quorum 2.74.040
Member
term 2.74.020
vacancy filling 2.74.030
Powers, duties 2.74.060
Recordkeeping 2.74.050
THEATER
Business license
See also BUSINESS LICENSE
fee 5.04.440
Smoking
See SMOHING
TOBACCO VENDING MACHINE
See CIGARETTE, TOBACCO VENDING
See MACHINES
TOXIC GASES
See also FIRE CODE
175 Applicability, purpose, conflict of provisions
16.42.010, 16.42.030
suspension, revocation 5.28.180
Fare schedule
adoption 5.28.030
posting 5.28.050
Liability policy
bond 5.28.150
cancellation, notice 5.28.140
required 5.28.120
requirements 5.28.130
Overcharge, restitution 5.28.210
Permit
Controls
Class I 16.42.220
Class II 16.42.230
Class III 16.42.240
classification 16.42.210
minimum threshold quantity 16.42.250
Definitions 16.42.020
Facility
See also Storage, use
closure 16.42.080
earthquake protection 16.42.090
emergency response plan 16.42.140
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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.
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
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
190
3.34.140
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
hndex
disposition
final 11.04.140
notice 11.04.110
procedure 11.04.120
enforcement of provisions 11.04.040
hearing
procedure 11.04.090
when 11.04.070
nuisance 11.04.031
prohibitions
designated 11.04.019
exceptions 11.04.020
purpose of provisions 11.04.010
reconstruction 11.04.130
Animal transport in
See ANIMAL
Bicycle
See BICYCLE
Off-street
See OFF-STREET VEHICLES
Overweight, special permit
appeals 11.37.070
applicability 11.37.020
application
contents 11.37.030
fee 11.37.040
issuance 11.37.050
limitations, restrictions, imposition
purpose of provisions 11.37.010
Peddler, restrictions 5.20.120
Taxicab
See TAXICAB
VENDING MACHINE
Business license
See also BUSINESS LICENSE
fee 5.04.360
VENDORS, MOBILE
Exemptions 5.48.060
Location restrictions 5.48.050, 5.48.070
Operating regulations 5.48.080
Permit
application, issuance 5.48.030
fees 5.48.040
required 5.48.020
revocation, suspension 5.48.090
Purpose of provisions 5.48.010
Violation, penalty 5.48.100
-- W --
WASTE
See GARBAGE
11.37.060
Cupertino -Index
See WATERCOURSE POLLUTION
See PREVENTION
WATER
See also FRANCHISE
See also SEWER
See also WATERCOURSE POLLUTION
See also PREVENTION
Conservation
defmitions 15.32.020
emergency shutoff 15.32.050
findings 15.32.010
prohibited acts 15.32.030
violation, penalty 15.32.060
Rates, charges
appeals 15.04.050
definitions 15.04.010
determination criteria 15.04.020
establishment procedure 15.04.030
exceptions generally 15.04.040
imposition authority 15.04.020
modifications, establishment procedure
15.04.030
pass-throughs authorized when 15.04.040
WATERCOURSE POLLUTION PREVENTION
Defmitions 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
violation
See also Violation
nuisance when 9.18.050
36
Operation and maintenance agreement
9.78.160
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
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
9.18.030 responsibility 9.08.070
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
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
2005 S-6