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2005 S-04CUPERTINO, CALIFORNIA Instruction Sheet 2005 S-4 ~~upplement REMOVE OLD PAGES Title Page INSERT NEW PAGES Title Page TITLE II: ADMINISTRATION AND PERSONNEL 1 through 8 1 through 6 XIX: Z~DNING 9, 10 9, 10 29 through 42 29 through 38 XX: GENERAL AND SPECIFIC PLANS 1 through 4 1 through 4 APPENDIX:: TABLES Comprehensive Ordinance List 31 through 36 31 through 36 INI;IEX 9, 10 9, 10 17, 18 17, 18 41 through 46 41 through 46 lmb (3/05) CITY OF CUPERTIrJO, CALIFORNIA MUNICIPAL CODE 2005 S-4 Supplertient contains: Local legislation current through Ordinance 1960, passed 3-15-OS AMERICAN LEGAL PUBLISHING CORPORATION 432 Walnut Street Cincinnati, Ohi~~ 45202-3909 (800) 445-5588 COPYRIGHT ° 2005 AMERICAN LEGAL PUBLISHING CORPORATION TITLE 2: ADMINISTRATION AND PERSONNEL Chapter 2.04. City Councill-Election and Meetings 2.06 (Reserved) 2.08 City Councill-Rules and Conduct of Meetings 2.12 Introduction and Passage of Ordinances 2.16 City Councill- Salaries 2.18 City Attornf~y 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 Rf~creation Commission 2.40 Disaster Council 2.48 DepartmentoilOrganization 2.52 Personnel Code 2.60 Public Safety Commission 2.64 (Reserved) 2.68 Library Commission 2.74 Cupertino Telecommunications Commission 2.78 Landlord-Tenant Mediation-Issuance of Subpoenas 2.80 Fine Arts Commission 2.84 Environmental Review Committee 2.86 Housing Cormission 2.88 Audit Committee 2.90 Residential Design Review Committee 2.92 Bicycle Pedestrian Commission 2005 S-4 2.04.010 CHAPTER 2.04: CITY COUNCIL-ELECTION AND MEETINGS* Section 2.04.005 Elections 2.04.010 Regular meetings 2.04.020 Special meetings 2.04.025 Emergency meetings 2.04.030 Place of meetings 2.04.040 Vacancy 2.04.050 Term limits For statutory provisions regarding the scheduling of City Council meetings, see Gov. Code §§ 36805-36809 2.04.005 Elections. General municipal elections shall he held in the month of November odd-numbered years to coincide with the uniform district elections. (Ord. 1697, (part), passed - -1995) 2.04.010 Regular Meetings. The City Council shall hold regular meetings on the first and third Tuesdays of each month at six forty-five p.m. and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, such adjourned meeting shall be a regular meeting for all purposes. Such adjourned meetings may likewise be adjourned and any so adjourned meeting shall be a regular meeting for all purposes. On regular meeting days, the City Council shall begin any closed session items at six o'clock p.m. City Council meetings that fall on legal holidays shall automatically be moved to the following day. City Council meetings that fall on any Election Tuesday shall automatically be moved to the first Monday of the month. (Ord. 1958, 2005; Ord. 1941, 2004; Ord. 1822, (part), passed - -1999; Ord. 1015, passed - -1980; Ord. 978, (part), passed - -1980; Ord. 189(a), § I, passed - -1970; Ord. 389, § 3.1, passed - -1968) general circulation, radio and television station requesting notice in writing. The notice shall be delivered personally or by mail and be received at least twenty-four hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings. The written notice may also be dispensed with as to any member of the Ciry Council who at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. The waiver may be given by telegram. The written notice may also he dispensed with as to any member of the City Council who is actually present at the meeting at the time it convenes. (Ord. 1697, (part), passed - -1995; Ord. 389, § 3.2, passed - -1968) 2.04.025 Emergency Meetings. In the case of an emergency situation involving matters upon which prompt action is necessary due to the description or threatened disruption of public facilities, the City Council may hold an emergency meeting without complying with either the twenty-four-hour notice requirement or the twenty-tour-hour posting requirement described in Section 54956 of the California Government Code. An emergency meeting called under this section shall be otherwise conducted in conformance with Section 54956.5 of the California Government Code. (Ord. 1697, (part), passed - -1995) 2.04.030 Place of Meetings. The regular meetings shall convene in the Council Chamber, Cupertino Community Hall, 10350 Torre Avenue, Cupertino, California. All other meetings unless changed in the written notice of meeting or order of adjournment shall be held in the Council Chamber of the Cupertino Community Hall, Cupertino, California. (Ord. 1952, 2004; Ord. 978, (part), passed 1980; Ord. 189, § 1.1, passed - -1968 ) 2.04.020 Special Meetings. Special meetings may be called at any time by the mayor or by three members of the City Council by delivering personally or by mail written notice to each member of the City Council and to each local newspaper of 2.04.040 Vacancy. A. If any vacancy on the City Council occurs other than by expiration of at term, the City Council shall, at its option within thirty days from the commencement of the vacancy, either fill the vacancy by appointment for the 2005 S-4 2.04.040 Cupertino -Administration and Personnel unexpired term of the former incumbent, or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than one hundred fourteen days from the call of the special election. B. Notwithstanding any other provision of this section, the City Council may appoint any person, otherwise qualified, to fill a City Council vacancy to hold office only until the date of a special election which is called to fill the remainder of the term pursuant to subsection A of this section. C. Notwithstanding any other provision of this section, an appointment shall not he made to fill a vacancy on the City Council if the appointment would result in a majority of the members serving on the Council having been appointed. The vacancy shall be filled in one of the following ways 1. The City Council may call an election to till the vacancy to he held on the next regularly established election date not less than one hundred fourteen days after the call; 2. If the City Council does not call an election pursuant to subsection B of this section, the vacancy shall be filled at the next regularly established election date. (Ord. 1697, (part), passed - -1995; Ord. 1017, passed - -1991; Ord. 1026, § 1, passed - -1980) 2.04.050 Term Limits. The service of city councilmemhers shall be limited to two consecutive elected terms, for a maximum possible time (appointed and elected combined) of ten years and three hundred fifty-four days, after which they would not he eligible for election or appointment to a council seat for four years. (This section was adopted by a vote of the people November 4, 1997.) (Ord. 1775, passed - -1998) 2005 S-4 9 Definitions 19.08.030 "Equipment yard" means a use providing for maintenance, servicing or storage of motor vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, or similar activity. "Equipment yard" means a construction material yard, corporation yard, vehicular service center or similar use. "Facility" means a structure, building or other physical contrivance or object. 1. "Accessory facility" means a facility which is incidental to, and customarily associated with a specified principal facility and which meets the applicable conditions set forth in Chapter 19.80. 2. "Noncomplying facility" means a facility which is in violation of any of the site development regulations or other regulations established by this title, but was lawfully existing on October 10, 1955, or any amendment to this title, or the application of any district to the property involved by reason of which the adoption or application the facility becomes noncomplying. (For the definition for "nonconforming use" see the definition "use" in this chapter. ) 3. "Principal facilities" means a main building or other facility which is designed and constructed for or occupied by a principal use. "Family" means an individual or group of persons living together who constitute a bona fide single housekeeping unit in a dwelling unit. "Family" shall not be construed to include a fraternity, sorority, club, or other group of persons occupying a hotel, lodginghouse, or institution of any kind. "Family day care home" means a home which regularly provides care, protection, supervision of children in the home for periods oflessthantwenty-four hours a day, while the parents or guardians are away. "First floor" means that portion of a structure less than or equal to twenty feet in height, through which a vertical line extending from the highest point of exterior construction to the appropriate adjoining grade, passes through one story. "Floor area" means the total area of all floors of a building measured to the outside surfaces of exterior walls, and including the following: 1. Halls; 2. Base of stairwells; 3. Base of elevator shafts; 4. Services and mechanical equipment rooms; 5. Interior building area above fifteen feet in height between any floor level and the ceiling above; 6. Basements with lightwells that do not conform to Section 19.28.060 F; 2005 S-4 Repl. 7. In all zones except residential, permanently roofed, but either partially enclosed or unenclosed building features used for sales, service, display, storage or similar uses. Height Limit for Entry Features "Floor area" shall not include the following: 1. Basements with lightwells that conform to Section 19.28.060 F; 2. Lightwells; 3. Attic areas; 4. Parking facilities, other than residential garages, accessory to a permitted conditional use and located on the same site; 5. Roofed arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not substantially enclosed by exterior walls. "Floor area ratio" means the maximum ratio of gross floor area on a site to the total site area. "Front wall" means the wall of a building or other structure nearest the street upon which the building faces, but excluding certain architectural features as defined in this chapter. "Full cash value" has the meaning assigned to it in the California Revenue and Taxation Code for property taxation purposes. "Garage" means an accessory building (completely closed) used primarily for the storage of motor vehicles. "Grade" or "finished grade" means the lowest point of adjacent ground elevation of the finished surface of the ground paving, or sidewalk, excluding areas where grade has been raised by means of a berm, planter box, or similar landscaping feature, unless required for drainage, within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. "Gross lot area" means the horizontal area included within the property lines of a site plus the street area bounded by the street centerline up to thirty feet distant from the property line, the street right-of-way line and the extended side yard to the street centerline. 19.08.030 Cupertino -Zoning 10 "Group care activities" means a residential care facility providing continuous care for six or fewer persons on a twenty-four-hour basis, which requires licensing by a governmental agency. "Guest room" means a room which is intended, arranged or designed to be occupied by occasional visitors or nonpaying guests of the occupants of the dwelling unit in which the room is located, and which contains no kitchen facilities. "Habitable floor" means the horizontal space between a floor area of at least seventy square feet and the ceiling height measuring at least seven feet six inches above it, except for a kitchen which shall have a ceiling height not less than seven feet above said floor. "Habitable space" means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartment, closets, halls, storage or utility space and similar areas are not considered habitable space. "Height" means a vertical distance measured parallel to the natural grade to the highest point of exterior construction, exclusive of chimneys, antennas or other appurtenances, except that entry features are measured to the top of the wall plate. Height restriction shall be established by establishing a line parallel to the natural grade. "Home occupation" means an accessory activity conducted in a dwelling unit solely by the occupants thereof, in a manner incidental to residential occupancy, in accord with the provisions of this title. (For further provisions, see regulations for home occupation in Chapter 19.92.) "Hospital" means a facility for providing medical, psychiatric or surgical services for sick or injured persons, primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and service to patients, employees or visitors. "Hotel" means a facility containing rooms or groups of rooms, generally without individual kitchen facilities, used or intended to be used by temporary overnight occupants, whether on a transient or residential occupancy basis, and whether or not eating facilities are available on the premises. Hotel includes motel, motor hotel, tourist court, or similar use, but does not include mobilehome parks or similar uses. "Household pets" means small animals commonly found in residential areas such as chickens, ducks, geese, rabbits, dogs, and cats, but excluding animals such as any bovine or equine animal, or any goat, sheep or swine. This title does not regulate the keeping of small household pets, such as fish, birds or hamsters, which is incidental to any permitted use. "Junkyard" means the use of more than two hundred square feet of the area of any lot for the storage or keeping of junk, including scrap metals or other scrap material, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery. "Kitchen" means an area in habitable space used for the preparation of food and including at least three of the following: 1. Cooking appliance(s) or provision for a cooking appliance (such as 220V outlets, gas connections and space for appliances between counters; 2. Counter; 3. Refrigerator; 4. Sink. "Landscaping" means an area devoted to or developed and maintained with native or exotic planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage areas), and sculptural elements. "Late evening activities" means an activity which maintains any hours of operation during the period of eleven p.m. to seven a.m. "Legal substandard lot" means any parcel of land or lot recorded and legally created by the County or City prior to March 17, 1980, which lot or parcel is of less area than required in the zone; or lots or parcels of record which are reduced to a substandard lot size as a result of required street dedication unless otherwise provided in the City of Cupertino General Plan. The owner of a legally created, substandard property which is less than six thousand square feet but equal to or greater than five thousand square feet may utilize such parcel for residential purposes. The owner of a legally created parcel of less than five thousand square feet may also develop the site as asingle-family residential building site if it can be demonstrated that the property was not under the same ownership as any contiguous property on the same street frontage as of or after July 1, 1984. "Lightwell" means an excavated area required by the Uniform Building Code to provide emergency egress, light and ventilation for below grade rooms. "Liquor store" means a use requiring a State of California "off-sale general license" (sale for off-site consumption of wine, beer and/or hard liquor) and having fifty percent or more of the total dollar sales accounted for by beverage covered under the off-sale general license. "Living space" means habitable space and sanitation. "Loading space" means an area used for loading or unloading of goods from a vehicle in connection with the use of the site on which such space is located. 19.28.010 CHAPTER 19.28: SINGLE-FAMILY RESIDENTIAL (Rl) ZONES Section 19.28.010 Purposes. 19.28.020 Applicability of regulations. 19.28.030 Permitted uses. 19.28.040 Conditional uses. 19.28.050 Development regulations (site). 19.28.060 Development regulations (building) 19.28.070 Landscape requirements. 19.28.080 Permitted yard encroachments. 19.28.090 Minor residential permit. 19.28.100 Two-story residential permit. 19.28.110 Exceptions. 19.28.120 Development regulations-Eichler (Rl-e). 19.28.130 Development regulations-(R1-a). 19.28.140 Interpretation by the Planning Director. 19.28.010 Purposes. R-1 single-family residence districts are intended to create, preserve and enhance areas suitable for detached dwellings in order to: A. Enhance the identity of residential neighborhoods; B. Ensure provision of light, air and a reasonable level of privacy to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighborhoods; D. Reinforce the predominantly low-intensity setting in the community; (Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1(part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 19.28.020 Applicability of Regulations. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in an R- lsingle-family residence district other than in conformance with the provisions of this chapter and other applicable provisions of this title. (Ord. 1954, (part), 2005; Ord. 1860, § 1(part), 2000; Ord. 1834, (part), 1999; Ord. 1601, Exh. A (part), 1992) 19.28.030 Permitted Uses. The following uses shall be permitted in the R-1 single- family residence district: A. Single-family use; B. A second dwelling unit conforming to the provisions, standards and procedures described in Chapter 19.82, except for those second dwelling units requiring a conditional use permit; C. Accessory facilities and uses customarily incidental to permitted uses and otherwise conforming with the provisions of Chapter 19.80 of this title; D. Home occupations in accordance with the provisions of Chapter 19.92; E. Horticulture, gardening, and growing of food products for consumption by occupants of the site; F. Residential care facility that is licensed by the appropriate State, County agency or department with six or less residents, not including the provider, provider family or staff; G. Small-family day care home; H. The keeping of a maximum of four adult household pets, provided that no more than two adult dogs or cats may be kept on the site; I. Utility facilities essential to provision of utility services to the neighborhood but excluding business offices, construction or storage yards, maintenance facilities, or corporation yards; J. Large-family day care homes, which meet the parking criteria contained in Chapter 19.100 and which are at least three hundred feet from any other large-family day care home. The Director of Community Development or his/her designee shall administratively approve large day care homes to ensure compliance with the parking and proximity requirements; K. Congregate residence with ten or less residents. (Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1688, § 3 (part), 1995; Ord. 1657, (part), 1994; Ord. 1601, Exh. A (part), 1992) 19.28.040 Conditional Uses. The following uses maybe conditionally allowed in the R-1 single-family residence district, subject to the issuance of a conditional use permit: A. Issued by the Director of Community Development: 1. Temporary uses, subject to regulations established by Chapter 19.124; 29 2005 S-4 19.28.040 Cupertino -Zoning 30 2. Large-family day care home, which otherwise does not meet the criteria for a permitted use. The conditional use permit shall be processed as provided by Section 15.97.46(3) of the State of California Health and Safety Code; 3. Buildings or structures which incorporate solar design features that require variations from setbacks upon a determination by the Director that such design feature or features will not result in privacy impacts, shadowing, intrusive noise or other adverse impacts to the surrounding area; 4. Second dwelling units which require a conditional use permit pursuant to Chapter 19.84; 5. Home occupations requiring a conditional use permit pursuant to Chapter 19.92 of this title. B. Issued by the Planning Commission: 1. Two-story structures in an area designated for a one-story limitation pursuant to Section 19.28.060 G(6) of this chapter, provided that the Planning Commission determines that the structure or structures will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding area; 2. Group care activities with greater than six persons; 3. Residential care facilities that fall into the following categories: a. Facility that is not required to obtain a license by the State, County agency or department and has six or less residents, not including the providers, provider family or staff; b. Facility that has the appropriate State, County agency or department license and seven or greater residents, not including the provider family or staff, is a minimum distance of five hundred feet from the property boundary of another residential care facility; c. Facility that is not required to obtain a license by the State, County agency or department and has seven or greater residents, not including the provider family or staff, is a minimum distance of five hundred feet from the property boundary of another residential care facility; 4. Congregate residence with eleven or more residents, which is a minimum distance of one thousand feet from the boundary of another congregate residence and has a minimum of seventy-five square feet of usable rear yard area per occupant. (Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1784, (part), 1998; Ord. 1688, § 3 (part), 1995; Ord. 1657, (part), 1994; Ord. 1618, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.28.050 Development Regulations (Site). A. Lot Area Zoning Designations. 1. Lot area shall correspond to the number (multiplied by one thousand square feet) following the R-1 zoning symbol. Examples are as follows: Zoning Symbol Number Minimum Lot Area in Square Feet R1 5 5,000 R1 6 6,000 R1 7.5 7,500 R1 10 10,000 R1 20 20,000 2. Lots, which contain less area than required by subsection A(1) of this section, but not less than five thousand square feet, may nevertheless be used as building sites, provided that all other applicable requirements of this title are fulfilled. B. Lot Width. The minimum lot width shall be sixty feet measured at the front-yard setback line, except in the R1-5 district where the minimum lot width is fifty feet. C. Development on Properties with Hillside Characteristics. 1. Buildings proposed on properties with an average slope qual to or greater than fifteen percent shall be developed in accordance with the site development and design standards specified in Sections 19.40.050 through 19.40.140 of the Residential Hillside ordinance, Chapter 19.40, or the R1 zoning ordinance, Chapter 19.28, whichever specific regulation is more restrictive. 2. No structure or improvements shall occur on slopes of thirty percent or greater unless an exception is granted in accordance with Section 19.40.140, unless no more than five hundred square feet of development, including grading and structures, occurs on an area with a slope of thirty percent or greater. D. An application for building permits filed and accepted by the Community Development Department (fees paid and permit number issued) on or before March 1, 2005 may proceed with application processing under ordinances in effect at that time. (Ord. 1954, (part), 2005; Ord. 1886, (part), 2001; Ord. 1868, (part), 2001; Ord. 1860, § 1(part), 2000; Ord. 1834, (part), 1999; Ord. 1635, § 1 (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.28.060 Development Regulations (Building). A. Lot Coverage. The maximum lot coverage shall be forty-five percent of the net lot area. An additional five percent of lot coverage is allowed for roof overhangs, patios, porches and other similar features not substantially enclosed by exterior walls. B. Floor Area Ratio. The objective of the floor area ratio (FAR) is to set an outside (maximum) limit for square footage. The FAR shall be used in conjunction with the residential development standards and guidelines in this ordinance in determining whether the mass and scale of the project is compatible with the surrounding neighborhood. 2005 S-4 31 Single-Family Residential (Rl) Zones 19.28.060 1. The maximum floor area ratio of all structures on a lot shall beforty-five percent. 2. The maximum floor area of a second story shall be forty-five percent of the existing or proposed first story floor area, or seven hundred fifty square feet, whichever is greater. 3. Interior areas with heights above sixteen feet, measured from the floor to the top of the roof-rafters, have the mass and bulk of a two-story house and shall be counted as floor area. a. If the house is a two-story house, this area will count as second story floor area; otherwise, the area will count as first floor area. C. Design Guidelines. 1. Any new two-story house, or second-story addition to an existing house, shall be generally consistent with the adopted single-family residential guidelines. The Director of Community Development shall review the project and shall determine that the following items are met prior to design approval: a. The mass and bulk of the design shall be reasonably compatible with the predominant neighborhood pattern. New construction shall not be disproportionately larger than, or out of scale with, the neighborhood pattern in terms of building forms, roof pitches, eave heights, ridge heights, and entry feature heights; b. The design shall use vaulted ceilings rather than high exterior walls to achieve higher volume interior spaces; c. There shall not be athree-car wide driveway curb cut. d. No more than fifty percent of the front elevation of a house should consist of garage area. e. Long, unarticulated, exposed second story walls should be avoided since it can increase the apparent mass of the second story. f. The current pattern of side setback and garage orientation in the neighborhood should be maintained. g. When possible, doors, windows and architectural elements should be aligned with one another vertically and horizontally and symmetrical in number, size and placement. h. Porches are encouraged. i. Living area should be closer to the street, while garages should be set back more. j. All second story roofs should have at least aone- foot overhang. D. Setback-First Story. 1. Front Yard. The minimum front yard setback is twenty feet; provided, that for a curved driveway the setback shall be a minimum of fifteen feet as long as there are no more than two such fifteen-foot setbacks occurring side by side. 2. Side Yard. The combination of the two side yard setbacks shall be fifteen feet, except that no side yard setback may be less than five feet. 2005 S-4 a. For a corner lot, the minimum side-yard setback on the street side of the lot is twelve feet. The other side yard setback shall be no less than five feet. b. For interior lots in the R1-5 district, the side yard setbacks are five feet on both sides. c. For lots that have more than two side yards, the setback shall be consistent for all side yards between the front property line and the rear property line. 3. Rear Yard. The minimum rear yard setback is twenty feet. a. With a Minor Residential Permit, subject to Section 19.28.090, the rear setback may be reduced to ten feet if, after the reduction, the usable rear yard is not less than twenty times the lot width as measured from the front setback line. 4. Garage. The front face of a garage in an R1 district shall be set back a minimum of twenty feet from a street property line. a. For projects with three-car garages oriented to the public right-of-way, the wall plane of the third space shall be set back a minimum of two feet from the wall plane of the other two spaces. E. Setback-Second Story. 1. Front and Rear Yards. The minimum front and rear setbacks are twenty-five feet. 2. Side Yard. The combination of the side setbacks shall be twenty five feet, except that no second-story side setback may be less than ten feet. a. In the case of a flag lot, the minimum setback is twenty feet from any property line. b. In the case of a corner lot, a minimum of twelve feet from a street side property line and twenty feet from any rear property line of asingle-family dwelling. 3. Surcharge. A setback distance equal to ten feet shall be added in whole or in any combination to the front and side-yard setback requirements specified in this section. F. Basements. 1. The number, size and volume of lightwells and basement windows and doors shall be the minimum required by the Uniform Building Code for egress, light and ventilation, except that in the case of a single-story house with a basement, one lightwell may be up to ten feet wide and up to ten feet long. 2. No part of a lightwell retaining wall may be located within a required setback area, except as follows: a. The minimum side setback for a lightwell retaining wall shall be five feet; b. The minimum rear setback for a lightwell retaining wall shall be ten feet. 3. Lightwells that are visible from a public street shall be screened by landscaping. 4. Railings for lightwells shall be no higher than three feet in height and shall be located immediately adjacent to the lightwell. 19.28.060 Cupertino -Zoning 32 5. The perimeter of the basement and all lightwell retaining walls shall be treated and/or reinforced with the most effective root barrier measures, as determined by the Director of Community Development. G. Height. 1. Maximum Building Height. The height of any principal dwelling in an R1 zone shall not exceed twenty- eight feet, not including fireplace chimneys, antennae or other appurtenances. 2. Building Envelope (One Story). a. The maximum exterior wall height and building height on single-story structures and single-story sections of two-story structures must fit into a building envelope defined by: 1. A ten-foot high vertical line from natural grade measured at the property line; 2. Atwenty-five-degree roof line angle projected inward at the ten-foot high line referenced in subsection G(2)(a)(1) of this section. b. Notwithstanding the building envelope in subsection G(2)(a) of this section, a gable end of a roof enclosing an attic space may have a maximum wall height of seventeen feet to the peak of the roof as measured from natural grade, or up to twenty feet with a Minor Residential Permit. 3. Second Story Wall Heights. Fifty percent of the total perimeter length of second story walls shall not have exposed wall heights greater than six feet, and shall have a minimum two-foot high overlap of the adjoining first story roof against the second story wall. The overlap shall be structural and shall be offset a minimum of four feet from the first story exterior wall plane. a. The Director of Community Development may approve an exception to this regulation based on the findings in Section 19.28.110 D. 4. Entry Feature Height. The maximum entry feature height shall be fourteen feet. 5. Areas Restricted to One Story. The City Council may prescribe that all buildings within a designated area be limited to one story in height (not exceeding eighteen feet) by affixing an "i" designation to the R1 zoning district. H. Second Story Decks. All new or expanded second story decks with views into neighboring residential side or rear yards shall file for a Minor Residential Permit, subject to Section 19.28.090, in order to protect the privacy of adjoining properties. The goal of the permit requirement is not to require complete visual protection but to address privacy protection to the greatest extent while still allowing the construction and use of an outdoor deck. This section applies tosecond-story decks, patios, balconies, or any other similar unenclosed features. 1. A second-story deck or patio may encroach three feet into the front setback for the principal dwelling. feet. The minimum side-yard setback shall be fifteen The minimum rear-yard setback shall be twenty feet. I. Solar Design. The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, provided that no such structure shall infringe upon solar easements or adjoining property owners. Any solar structure that requires variation from the setback or height restrictions of this chapter may be allowed only upon issuance of a Minor Residential Permit subject to Section 19.28.090. (Ord. 1954, (pan), 2005; Ord. 1868, (part), 2001; Ord. 1863, (part), 2000; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999: Ord. 1808 (part), 1999; Ord. 1799 § 1, 1998; Ord. 1784, (part), 1998; Ord. 1637, (part), 1993; Ord. 1635, (part), 1993; Ord. 1630, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.28.070 Landscape Requirements. To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions, tree and/or shrub planting is required. The intent of this section is to provide substantial screening within three years of the planting. A. Applicability. This requirement shall apply to new two-story homes, second-story decks, two-story additions, or modifications to the existing second-story decks or existing windows on existing two-story homes that increase privacy impacts on neighboring residents. Skylights, windows with sills more than five feet above the finished second floor, windows with permanent, exterior louvers up to six feet above the finished second floor, and obscured, non-operable windows are not required to provide privacy protection planning. B. Privacy Planting Plan. Proposals for a new two- story house or a second story addition shall be accompanied by a privacy planting plan which identifies the location, species and canopy diameter of existing and proposed trees or shrubs. 1. New trees or shrubs shall be required on the applicant's property to screen views from second-story windows. The area where planting is required is bounded by athirty-degree angle on each side window jamb. The trees or shrubs shall be planted prior to issuance of a final occupancy permit. a. New tree or shrubs are not required to replace existing trees or shrubs if an Internationally Certified Arborist or Licenses Landscape Architect verifies that the existing trees/shrubs have the characteristics of privacy planting species, subject to approval by the Director or Community Development. 2005 S-4 33 Single-Family Residential (Rl) Zones 19.28.070 b. Affected property owner(s) may choose to allow privacy planting on their own property. In such cases, the applicant must plant the privacy screening prior to issuance of a building permit. 2. Waiver. These privacy mitigation measures may be modified in any way with a signed waiver statement from the affected property owner. Modifications can include changes to the number of shrubs or trees, their species or location. C. Front-Yard Tree Planting. Applicants for new two-story homes and two-story additions must plant a tree in front of new second stories in the front yard setback area. The tree shall be 24 inch-box or larger, with a minimum height of six feet. The Director of Community Development can waiver this front-yard tree if there is a conflict with existing mature tree canopies on-site or in the public right- of-way. D. Species List. The Planning Division shall maintain a list of allowed privacy planting trees and shrubs. The list shall include allowed plant species, minimum size of trees and shrubs, expected canopy or spread size, and planting distance between trees. E. Covenant. The property owner shall record a covenant with the Santa Clara County Recorders Office that requires the retention of all privacy planting, or use of existing vegetation as privacy planting, prior to receiving a final building inspection from the Building Division. This regulation does not apply to situations described in subsection B(1)(b) of this section. F. Maintenance. The required plants shall be maintained. Landscape planting maintenance includes irrigation, fertilization and pruning as necessary to yield a growth rate expected for a particular species. G. Replacement. Where required planting is removed or dies it must be replaced within thirty days with privacy tree(s) of similar size as the tree(s) being replaced, unless it is determined to be infeasible by the Director of Community Development. (Ord. 1954, (part), 2005) 19.28.080 Permitted Yard Encroachments. A. Where a building legally constructed according to existing yard and setback regulations at the time of construction, encroaches upon present required yards and setbacks, one encroaching side yard setback may be extended along its existing building lines if the addition receives a Minor Residential Permit and conforms to the following: 1. The extension or addition may not further encroach into any required setback and the height of the existing non-conforming wall and the extended wall may not be increased. 2. The maximum length of the extension is fifteen feet. 3. The extension of any wall plane of a first-story addition is not permitted to be within three feet of any property line. 4. Only one such extension shall be permitted for the life of such building. 5. This section applies to the first story only and shall not be construed to allow the further extension of an encroachment by any building, which is the result of the granting of a variance or exception, either before or after such property become part of the City. B. Architectural features (not including patio covers) may extend into a required yard a distance not exceeding three feet, provided that no architectural feature or combination thereof, whether a portion of a principal or auxiliary structure, may extend closer than three feet to any property line. (Ord. 1954, (part), 2005; Ord. 1886, (part), 2001; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1808, (part), 1999; Ord. 1618, (part), 1993; Ord. 1601, Exh. A (part), 1992) 19.28.090 Minor Residential Permits. Projects that require a Minor Residential Permit shall be reviewed in accordance with this section. The purpose of this process is to provide affected neighbors with an opportunity to comment on new development that could have significant impacts on their property or the neighborhood as a whole. A. Notice of Application. Upon receipt of a complete application, a notice shall be sent by first class mail to all owners of record of real property (as shown in the last tax assessment toll) that are adjacent to the subject property, including properties across a public or private street. The notice shall invite public comment by a determined action date and shall include a copy of the development plans, eleven inches by seventeen inches in size. B. Decision. After the advertised deadline for public comments, the Director of Community Development shall approve, conditionally approve, or deny the application. The permit can be approved only upon making all of the following findings: 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. 2. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3. The proposed project is harmonious in scale and design with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. 2005 S-4 19.28.090 Cupertino -Zoning 34 C. Notice of Action. The City Council, Planning Commission, applicant and any member of the public that commented on the project shall be notified of the action by first class mail or electronic mail. Any interested party may appeal the action pursuant to Chapter 19.136, except that the Planning Commission will make the final action on the appeal. D. Expiration of a Minor Residential Permit. Unless a building permit is filed and accepted by the City (fees paid and control number issued) within one year of the Minor Residential Permit approval, said approval shall become null and void unless a longer time period was specifically prescribed by the conditions of approval. In the event that the building permit expires for any reason, the Minor Residential Permit shall become null and void. The Director of Community Development may grant aone-year extension without a public notice if an application for a Minor Modification to the Minor Residential Permit is filed before the expiration date and substantive justification for the extension is provided. E. Concurrent Applications. At the discretion of the Director of Community Development a Minor Residential Permit can be processed concurrently with other discretionary applications.(Ord. 1954, (part), 2005) 19.28.100 Two-Story Residential Permit. Two-story additions or two-story new homes require a Two-Story Residential Permit in accordance with this section. Two-story projects with a floor area ratio under 35% shall require aLevel ITwo-Story Residential Permit, while atwo-story project with a floor area ratio over 35 shall require a Level II Two-Story Residential Permit. A. Notice of Application (Level I). Upon receipt of a complete application, a notice shall be sent by first class mail to all owners of record of real property (as shown in the last tax assessment toll) that are adjacent to the subject property, including properties across a public or private street. The notice shall invite public comment by a determined action date and shall include a copy of the development plans, eleven inches by seventeen inches in size. 1. Posted Notice. The applicant shall install a public notice in the front yard of the subject site that is clearly visible from the public street. The notice shall be a weatherproof sign, at least two feet tall and three feet wide firmly attached to a five-foot tall post. The notice shall remain in place until an action has been taken on the application and the appeal period has passed. The sign shall contain the following: a. The exact address of the property, if known, or the location of the property, if the address is not known. b. A brief description of the proposed project, the content of which shall be at the sole discretion of the Ciry; c. City contact information for public inquiries; d. A deadline for the submission of .public comments, which shall be at least fourteen days after the date the notice is posted; e. A black and white orthographic rendering of the front of the house, at least eleven inches by seventeen inches in size. The City shall approve the illustration or rendering prior to posting. B. Notice of Application (Level II). Upon receipt of a complete application, a notice shall be sent by first class mail to all owners of record of real property (as shown in the last tax assessment toll) that are within three hundred feet of the subject property. The notice shall invite public comment by a determined action date and shall include a copy of the development plans, eleven inches by seventeen inches in size. 1. Posted Notice. The applicant shall install a public notice consistent with subsection A(1) of this section, except that a colored perspective rendering shall be required instead of a black and white orthographic rendering. C. Story Poles. Story poles are required for any Two-Story Residential Permit. D. Decision. After the advertised deadline for public comments, the Director of Community Development shall approve, conditionally approve, or deny the application. The permit can be approved only upon making all of the following findings: 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title. 2. The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. 3. The proposed project is harmonious in scale and design with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. E. Notice of Action. The City Council, Planning Commission, applicant and any member of the public that commented on the project shall be notified of the action by first class mail or electronic mail. Any interested party may appeal the action pursuant to Chapter 19.136, except that the Planning Commission will make the final action on the appeal. F. Expiration of a Two-Story Permit. Unless a building permit is filed and accepted by the City (fees paid and control number issued) within one year of the Two- Story Permit approval, said approval shall become null and void unless a longer time period was specifically prescribed by the conditions of approval. In the event that the building permit expires for any reason, the Two-Story Permit shall become null and void. The Director of Community Development may grant aone-year extension, without a 2005 S-4 35 Single-Family Residential (Rl) Zones 19.28.100 public notice, if an application for a Minor Modification to the Two-Story Permit is filed before the expiration date and substantive justification for the extension is provided. G. Concurrent Applications. At the discretion of the Director of Community Development, aTwo-Story Permit can be processed concurrently with other discretionary applications. (Ord. 1954, (part), 2005) 19.28.110 Exceptions. Where results inconsistent with the purpose and intent of this chapter result from the strict application of the provisions hereof, exceptions to section 19.28.060, 19.28.070 and 19.28.120 may be granted as provided in this section. A. Notice of Application. Upon receipt of a complete application, the Community Development Department shall set a time and place for a public hearing before the Design Review Committee and send a notice by first class mail to all owners of record of real property (as shown in the last tax assessment toll) that are within three hundred feet of the subject property. Properties that are adjacent to the subject site, including those across a public or private street, shall receive a reduced scale copy of the plan set with the public notice. B. Decision. After closing the public hearing, the decision-maker shall approve, conditionally approve, or deny the application based on the findings in this section. Any interested party can appeal the decision pursuant to Chapter 19.136. C. Expiration of an Exception. Unless a building permit is filed and accepted by the Ciry (fees paid and control number issued) within one year of the Exception approval, said approval shall become null and void unless a longer time period was specifically prescribed by the conditions of approval. In the event that the building permit expires for any reason, the Exception shall become null and void. The Director of Community Development may grant a one-year extension, without a public notice, if an application for a Minor Modification to the Exception is filed before the expiration date and substantive justification for the extension is provided. D. Findings for Approval. 1. Issued by the Director of Community Development. The Director of Community Development may grant exceptions from the prescriptive design regulation described in Section 19.28.060 G(4) upon making all of the following findings: a. The project fulfills the intent of the visible second-story wall height regulation in that the number of two-story wall planes and the amount of visible second story wall area is reduced to the maximum extent possible. b. The except to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose. 2005 S-4 c. The proposed exception will not result in significant visual impact as viewed from abutting properties. 2. Issued by the Design Review Committee. The Design Review Committee may grant exceptions from the prescriptive design regulations described in Section 19.28.060, except 19.28.060 G(4) and Section 19.28.130 upon making all of the following findings: a. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. b. The proposed development will not be injurious to property or improvements in the area, nor be detrimental to the public safety, health and welfare. c. The exception to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose. d. The proposed exception will not result in significant visual impact as viewed from abutting properties. (Ord. 1954, (part), 2005) 19.28.120 Development Regulations-Eichler (Rl-e). R 1-esingle-family residence "Eichler districts" protect a consistent architectural form through the establishment of district site development regulations. Regulations found in the other sections of this chapter shall apply to properties zoned R1-e. In the event of a conflict between other regulations in this chapter and this section, this section shall prevail. Nothing in these regulations is intended to preclude a harmonious two-story home or second story addition. A. Setback-First Story. 1. The minimum front yard setback is twenty feet. B. Building Design Requirements. 1. Entry features facing the street shall be integrated with the roof line of the house. 2. The maximum roof slope shall bethree-to-twelve (rise over run). 3. Wood or other siding material located on walls facing a public street (not including the garage door) shall incorporate vertical grooves, up to six inches apart. 4. The building design shall incorporate straight architectural lines, rather than curved lines. 5. Section 19.20.060 G(4) shall be considered a guideline in the R1-e district. 6. The first floor shall be no more than twelve inches above the existing grade. 7. Exterior walls located adjacent to side yards shall not exceed nine feet in height measured from the top of the floor to the top of the wall plate. C. Privacy Protection Requirements. 1. Side and Rear Yard Facing Second Floor Windows. In addition to other privacy protection requirements in Section 19.28.070, the following is required for all second story windows: 19.28.120 Cupertino -Zoning 36 a. Cover windows with exterior louvers to a height of six feet above the second floor; or b. Obscure glass to a height of six feet above the second floor; or c. Have a window sill height of five feet minimum above the second floor. (Ord. 1954, (part), 2005; Ord. 1868, (part), 2001; Ord. 1860, § 1 (part), 2000) 19.28.130 Development Regulations-(Rl-a). R1-a districts are intended to reinforce the semi-rural setting in neighborhoods with large lots. Regulations found in the other sections of this chapter shall apply to properties zoned R1-a. In the event of a conflict between other regulations in this chapter and this section, this section shall prevail. A. Lot Area Zoning Designations. The minimum lot size is ten thousand square feet. B. Lot Width. The minimum lot width shall be seventy-five feet measured at the front-yard setback line. C. Second Story Area. A second floor shall be no more than forty percent of the first floor, except as follows: 1. A second floor may be at least seven hundred square feet in area. 2. In no case shall a second floor be more than one thousand one hundred square feet in area. D. Setback -First Story. 1. Front Yard. The minimum front yard setback is thirty feet. 2. Side Yard. The minimum side yard setback is ten feet. Rear Yard. The minimum rear yard setback is twenty feet. E. Setback -Second Story. 1. Front Yard. The minimum front yard setback is thirty feet. 2. Side Yard. The combined side yard setbacks shall be thirty-five feet, with a minimum of fifteen feet. 3. Rear Yard. The minimum rear yard setback is forty feet. 4. The setback surcharge in Section 19.28.060 E(3) does not apply in this district. F. Second-story Regulations. 1. Second story decks shall conform to the second- story building setbacks, and may be located on the front and rear only. 2. The second-story shall not cantilever over afirst- story wall plane. 3. The front-facing wall plane(s) of the second-story must be offset a minimum of three feet from the first-story wall plane(s). The intent of this regulation is to avoid atwo- story wall plane on the front elevation. G. Front Yard Paving. No more than fifty percent of the front yard setback area may be covered with a combination of impervious or semi-pervious surfaces. No more than forty percent of the front yard setback area may be covered with an impervious surface such as concrete or asphalt. H. Heights. The maximum exterior wall height and building height on single-story structures and single-story sections of two-story structures must fit into a building envelope defined by: a. A twelve-foot high vertical line measured from natural grade and located ten feet from property lines; b. A twenty-five degree roof line angle projected inward at the twelve-foot high line referenced in subsection H(2)(1) of this section. I. Variation from the R1 and R1-a regulations shall require a Variance pursuant to Chapter 19.124 of the Cupertino Municipal Code in the R1-a district. J. Design Review. All two-story development shall require discretionary review based on Section 19.28.100, except that the Design Review Committee shall approve or deny the project at a public hearing based on the findings in subsection N(1) of this section. K. Design Guidelines. The guidelines in this section shall be used in conjunction with the City's Single Family Residential Design Guidelines. Incases where there may be conflict between the two sets of guidelines, this Section shall take precedence. Nonconformance with the guidelines shall be considered acceptable only if the applicant shows that there are no adverse impacts from the proposed project. 1. Second-story windows. Windows on the side elevations should be fixed and obscured to a height of six feet above the second floor, should have permanent exterior louvers to a height of six feet above the second floor or should have sill heights of five feet or greater to mitigate intrusion into a neighbor's privacy. 2. All second story wall heights greater than six feet, as measured from the second story finished floor, should have building wall offsets at least every twenty-four feet, with a minimum four-foot depth and ten-foot width. The offsets should comprise the full height of the wall plane. 3. Section 19.28.060 G(4) shall be considered a guideline in the R1-a district. 4. Garages. The maximum width of a garage on the front elevation should be twenty-five feet, which will accommodate atwo-car garage. Additional garage spaces should be provided through the use of a tandem garage or a detached accessory structure at the rear of the property. L. Permitted Yard Encroachments. 1. Where a principal building legally constructed according to existing yard and setback regulations at the time of construction encroaches, upon present required yards, one encroaching side yard setback may be extended along its existing building line. a. The extension or addition may not further encroach into any required setback and the height of the existing non-conforming wall and the extended wall may not be increased. 2005 S-4 37 Single-Family Residential (Rl) Zones 19.28.130 b. In no case shall any wall plane of a first-story addition be placed closer than three feet to any property line. c. This section does not apply to attached accessory structures such as attached carports. d. This section applies to the first story only and shall not be construed to allow the further extension of an encroachment by any building, which is the result of the granting of a variance or exception, either before or after such property become part of the City. 2. Architectural features (not including patio covers) may extend into a required yard a distance not exceeding three feet, provided that no architectural feature or combination thereof, whether a portion of a principal or auxiliary structure, may extend closer than three feet to any property line. 3. Front Porch. Traditional, open porches are encouraged in this zone. When viewed from the street, a porch should appear proportionately greater in width than in height. A porch differs from an entry element, which has a proportionately greater height than its width. Use of this yard encroachment provision shall require the approval of the Director of Community Development. a. Posts. Vertical structural supports, such as posts, for porches are allowed to encroach two feet into the required front setback. Structural supports must be designed such that the appearance is not obtrusive or massive. b. Columns. The use of large columns or pillars is discouraged. c. Fencing. Low, open fencing for porches are allowed to encroach two feet into the required front setback area. d. Eave Height. The eave height for a front porch should not be significantly taller than the eave height of typical single-story elements in the neighborhood. e. Detailing. Porch elements should have detailing that emphasizes the base and caps for posts and fence elements. f. The porch platform and roof overhang may encroach five feet into the required front setback. M. Landscaping. 1. Landscaping plans shall be required for all additions or new homes. The purpose of the landscaping is to beautify the property and to achieve partial screening of building forms from the street and adjacent properties. Specific measures are not prescribed. Generally, the landscaping may include shrubbery, hedges, trees, or lattice with vines on fences. 2005 S-4 2. Landscaping plans for two-story development shall include specific mitigations for impacts from mass, bulk and privacy intrusion as required in Section 19.28.070 of the Cupertino Municipal Code, except that: a. Privacy planting shall have a minimum setback from the property line equivalent to one-quarter of the spread noted on the City list. b. Privacy trees shall have a minimum height of twelve feet at the time of planting. c. Front yard tree planting shall be placed such that views from second-story windows across the street to neighboring homes are partially mitigated. d. The Director may waive the front yard tree based on a report from an internationally certified arborist citing conflict with existing mature trees. N. Design Review Findings. 1. Findings. The Design Review Committee may approve a design review application for two-story development only upon making all of the findings below: a. The project is consistent with the Cupertino General Plan and Title 19 of the Cupertino Municipal Code. b. The granting of this permit will not result in detrimental or injurious conditions to property or improvements in the vicinity, or to the public health, safety or welfare. c. The project is generally compatible with the established pattern of building forms, building materials and designs of homes in the neighborhood. d. The project is consistent with the City's single- family residential design guidelines and the guidelines in this chapter and any inconsistencies have been found to not result in impacts on neighbors. e. Significant adverse visual and privacy impacts as viewed from adjoining properties have been mitigated to the maximum extent possible. (Ord. 1954, (part), 2005) 19.28.140 Interpretation by the Planning Director. In R1 zones, the Director of Community Development shall be empowered to make reasonable interpretations of the regulations and provisions of thischapter consistent with the legislative intent thereof. Persons aggrieved by an interpretation of the chapter by the Director of Community Development may petition the Planning Commission in writing for review of the interpretation. (Ord. 1954, (part), 2005; Ord. 1860, § 1 (part), 2000; Ord. 1834, (part), 1999; Ord. 1808, (part), 1999; Ord. 1601, Exh. A (part), 1992) 31 Comprehensive Ordinance List Ord. No. Ord. No. 1704 Adds intersection to § 11.20.030 and 1714 Amends Ch. 2.74, Cupertino deletes intersection from § 11.20.020, telecommunications commission (2.74) stop signs (11.20) 1715 Amends §§ 14.18.020, 14.18.030, 1705 Adds §§ 5.28.045, 5.28.165 and 14.18.140, 14.18.170, heritage and 5.28.175, taxicabs; amends specimen trees, and 19.48.110B, §§ 2.80.020(A), fine arts commission, zoning (14.18, 19.48) 3.04.040, revenue and finance, 1716 Rezone and prezone (Special) 3.08.090, sales and use tax, 1717 Rezone (Special) 3.12.020(G), transient occupancy tax, 1718 Amends § 11.24.160, stopping, 5.16.040, 5.16.050, garage and patio standing and parking (11.24) sales, 5.28.070(F), (G), (H) and (N), 1719 (Number not used) 5.28.080, 5.28.100, 5.28.110, 1720 Adds subsection M to § 17.16.010 and 5.28.130(A), 5.28.170, taxicabs, E to § 17.32.060; amends 5.32.020, 5.32.030, 5.32.050, §§ 17.32.060(C) and (D) and 5.32.060, 5.32.080, 5.32.110, 17.32.070(E), signs (17.16, 17.32) 5.32.160, 5.32.190, 5.32.200(C), 1721 Rezone (Special) 5.32.280(B) and (C), 5.32.300(A) and 1722 Adds §§ 5.28.070(0), 5.28.100(E), (B), bingo, 5.40.010, 5.40.020, 5.28.165(D) and (E); amends 5.40.030 and the title of Ch. 5.40, §§ 2.74.010, 2.74.020(A), 2.74.040, secondhand dealers and pawnbrokers; 2.74.050, 2.74.060, 2.74.070, repeals §§ 3.04.050, 3.04.060, 2.86.010, 2.86.020, 2.86.030, 3.04.070, 3.04.080, 3.08.130, 2.86.060, 2.86.070, 2.86.100, 3.08.140, Ch. 3.09, 3.12.030(B), Ch. 2.86.110, 2.86.120, 5.28.070(N), 3.16, Ch. 3.20, 3.32.100, 3.34.180, 5.28.180 and titles of Chs. 2.74 and 5.04.220, 5.04.520, Ch. 5.08, 2.86; repeals Chs. 6.04 and 9.16 and 5.16.042, Ch. 5.24, 5.32.070, Ch. §§ 2.74.080(B), 3.08.190, 3.08.200, 5.36, 5.40.040, 5.40.050, 5.40.060 6.08.080, 6.08.090, 6.08.100, and 5.40.070 (2.80, 3.04, 3.08, 3.12, 6.12.080, 6.12.090, 6.12.100, 5.16, 5.28, 5.32, 5.40) 6.16.060, 6.20.060, 6.24.350, 1706 Repeals and replaces Ch. 16.04, 9.08.120, 9.12.140 and article titles of building code adopted (16.04) Ch. 9.12 (2.74, 2.86, 3.08, 5.28, 1707 Repeals and replaces Ch. 16.16, 9.12) electrical code adopted (16.16) 1723 Amends § 3.32.040, construction tax 1708 Repeals and replaces Ch. 16.20, (3.32) plumbing code adopted (16.20) 1724 Amends § 11.24.150, parking (11.24) 1709 Repeals and replaces Ch. 16.24, 1725 Adds § 19.40.145 and amends the mechanical code adopted (16.24) definitions section of Ch. 19.08 1710 Repeals and replaces Ch. 16.56, [§ 19.08.030] and §§ 19.40.020, uniform housing code adopted (16.56) 19.40.050(B) and (F)(1), 19.40.060(C) 1711 Repeals and replaces Ch. 16.40, fire and (F)[E], 19.40.070(A) and code (Repealed by 1828) 19.40.140, zoning (19.08, 19.40) 1712 Urgency ordinance; adds 1726 (Not passed) §§ 9.06.090(B)(7) and (8), 9.06.245 1727 Amends § 11.24.150, parking (11.24) and 9.06.275; amends §§ 9.06.010(A), 1728 Amends §§ 2.16.010, 2.16.020 and 9.06.020(E) and (G), 9.06.040, 2.16.030, city council salaries (2.16) 9.06.070(2), 9.06.080, 9.06.090(B), 1729 Amends § 11.24.150, parking (11.24) 9.06.110(B), 9.06.160, 9.06.170, 1730 Amends § 11.20.020, stop signs 9.06.230, 9.06.240 and 9.06.260; and (11.20) repeals §§ 9.06.120, 9.06.130, 1731 Adds §§ 11.27.145, 14.12.035, 9.06.140 and 9.06.150, massage 14.12.055, 14.12.085, 14.12.090, establishments and services (9.06) 14.12.110 and 14.12.120; amends 1713 Rezone (Special) §§ 5.44.060, 5.44.060(F), 10.26.090, 10.26.100, 10.26.110, 10.26.120(A) Cupertino -Comprehensive Ordinance List 32 Ord. No. Ord. No. and (B), 10.26.130, 10.26.150, 1741 Amends § 11.24.150, parking (11.24) 10.44.030, 10.44.040(A), 1742 Adds new § 16.04.080, residential 10.44.050(A), 10.44.055(A), roofing and renumbers §§ 16.04.080-- 10.44.056(A), 10.44.060, 16.04.160 to be 16.04.090--16.04.170, 10.44.075(A), 10.44.080, 10.44.090, building code provisions (16.04) 10.44.100, 10.44.120, 10.44.140, 1743 Amends § 11.24.150, parking (11.24) 10.44.150(A), (B), (C) and (E), 1744 Not enacted 10.44.160, 10.46.050, 10.76.020, 1745 Amends § 11.08.250, bicycle lanes 11.08.250, 11.08.260, 11.10.016, (11.08) Table 11.12.030, 11.27.010, 1746 Rezone (Special) 11.32.090, 14.05.070, 14.12.010, 1747 (Not passed) 14.12.140 and 19.52.060(C); 1748 Rezone (Special) renumbers Ch. 5.44 as Ch. 19.106; 1749 Rezone (Special) renumbers prior §§ 14.12.090, 1750 Rezone (Special) 14.12.110 and 14.12.120 to 1751 (Not enacted) §§ 14.12.095, 14.12.130 and 1752 ~ (Not enacted) 14.12.140; deletes T. 10 division titles 1753 Amends specific plan (Special) and Ch. 10.48 article titles; repeals 1754 Rezone (Special) §§ 3.08.180, 3.08.190, 3.08.200, 1755 Adds § 17.04.030; amends 3.22.080, 3.23.180, 3.25.100, §§ 17.32.010, 17.32.040 and 3.32.090, 3.24.240, 3.36.210, 17.32.090, zoning (17.04, 17.32) 5.20.160, 5.28.230, 5.32.340, 1756 Rezone (Special) 5.44.080, 6.24.340, 6.28.150, 1757 Adds Ch. 2.06, city council campaign 9.06.280, 9.12.134, 9.18.140, finance (2.06) (Repealed by Ord. 9.20.320, 10.10.040, 10.21.140, 1956) 10.24.070, 10.25.100, Ch. 10.26 1758 Adopts interim measures to protect Editor's note, 10.26.160, Ch. 10.28, structures from demolition of §§ 10.44.090(C), 10.44.170, potentially historic sites (Not codified) 10.46.080, 10.46.090, 10.48.063, 1759 Amends § 11.08.250, bicycle lanes 10.56.060, 10.68.040, Chs. 10.70, (11.08) 10.82 and 11.16, §§ 11.20.040, 1760 Amends § 11.26.110, parking (11.26) 11.29.060, 11.37.080, Ch. 11.38, 1761 Adopts interim measures to protect §§ 14.05.130, 14.05.140, 14.15.080, structures from demolition of Ch. 14.16, §§ 14.18.230(8) and (C), potentially historic sites (Not codified) 14.18.240, 15.20.101, 16.04.160, 1762 Amends § 11.20.030, stop signs 16.08.030, 16.24.050, 16.28.080, (11.20) 16.32.090, 17.56.010, 19.40.150, 1763 (Pending) 19.81.070, 19.82.080, 19.116.350, 1764 Amends Ord. 1750, rezone (Not 20.02.030 and 20.04.070, various codified) subjects (10.26, 10.44, 10.46, 10.76, 1765 Amends § 11.20.020, stop signs 11.08, 11.10, 11.12, 11.27, 11.32, (11.20) 14.05, 14.12, 19.106) 1766 Amends § 11.08.250, bicycle lanes 1732 Rezone (Special) (11.08) 1733 Mobile vendor permits (5.48) 1767 Adds §§ 11.08.014, 11.08.015 and 1734 Rezone (Special) 11.08.270; renumbers § 11.08.270 to 1735 Rezone (Special) be 11.08.280, roller skates and 1736 Amends Ch. 19.108 entirely, wireless skateboards (11.08) communications facilities (19.108) 1768 Rezone (Special) 1737 Amends Ch. 19.100 entirely, parking 1769 Amends Stevens Creek Boulevard regulations (19.100) specific plan (Special) 1738 Rezone (Special) 1770 Prezone (Special) 1739 Amends § 11.08.260, bicycles (11.08) 1771 Prezone (Special) 1740 Amends § 11.08.250, bicycles (11.08) 1772 Rezone (Special) 1773 (Not available) 2005 S-4 33 Comprehensive Ordinance List Ord. No. Ord. No. 1774 Rezone (Special) 1784 Amends §§ 19.08.030, 19.28.040, 1775 Adds § 2.04.050, city council term 19.28.060, 19.32.060, 19.40.110, limits (2.04) 19.56.040, 19.56.060, 19.56.070, 1776 Amends § 15.32.060; repeals and 19.64.050, 19.64.080, 19.76.070, replaces Ch. 15.04, waterworks 19.80.030, 19.88.030, 19.92.060 and system, rates and charges; repeals and 19.104.040; repeals Ch. 19.96; zoning replaces Ch. 15.20, sewage disposal (19.08, 19.28, 19.32, 19.40, 19.56, systems; repeals Chs. 15.08, 15.12 19.64, 19.76, 18.80, 19.88, 19.92, and 15.30 (15.04, 15.20, 15.32) 19.104) 1777 Adds §§ 16.08.185, 16.08.290, 1785 Prezone (Special) 16.08.300, 16.16.025, 16.20.110, 1786 Amends specific plan (Special) 16.20.120, 16.28.065, 16.32.090, 1787 Amends Ch. 2.32, planning 16.36.055; amends §§ 16.08.020, commission (2.32) 16.08.080, 16.08.200(A)(1), 1788 Amends Ch. 16.28, fences (16.28) 16.08.250 (B), 16.12.010, 16.12.020, 1789 Amends Ch. 17.44, sign exceptions 16.12.040, 16.16.020, 16.16.070, (17.44) 16.20.080, 16.24.020, 16.24.030, 1790 Amends Ch. 19.132, zoning (19.132) 16.24.060, 16.24.080, 16.28.040(C), 1791 Amends Ch. 19.134, zoning (19.134) 16.28.060(A), 16.32.080, 16.40.070, 1792 Amends §§ 2.16.010--2.16.030, city 16.40.930, 16.40.950(A); amends title council (2.16) of Ch. 16.12; repeals and replaces 1793 Adds Ch. 9.22, property maintenance §§ 16.20.100, 16.32.100; repeals (9.22) §§ 16.04.040, 16.04.150, 16.08.090, 1794 Amends §§ 1.09.030(A) and 16.08.140(8), 16.08.180(8), 1.09.060(A) and (B), nuisance • 16.08.190 (C), 16.08.250(8)(1 and 2), abatement (1.09) 16.08.280 (A--C), 16.20.030, 1795 Rezone (Special) 16.20.040, 16.20.090(A)(Part One), 1796 Amends §§ 17.32.010, 17.32.040, 16.24.040, 16.36.030(D), 17.32.090(E) and 17.32.100, 16.36.070(D), 16.40.940, temporary signs--regulations; 16.40.950(D), 16.42.280; repeals Chs. renumbers § 17.32.120 to be 16.44, 16.48 and 16.60; repeals Ch. 17.24.270, sign regulations; repeals 16.44 Appx. A, Ch. 16.52 Article § 17.32.110 (17.24, 17.32) subtitles, Ch. 16.60 Tables A, B, C, 1797 Amends §§ 2.06.100(D) and 2.06.130, D, E, and F and Demand/Capacity city council--campaign finance (2.06) Ratio graph; buildings and construction (Repealed by Ord. 1956) regulations (16.08, 16.12 16.16, 1798 Proposition for utility users excise tax 16.20, 16.24, 16.28, 16.32, 16.36) and annexation (Special) 1778 Adds Ch. 19.134, architectural and 1799 Amends § 19.28.060, zoning (19.28) site review process (19.134) 1800 Prezone (Special) 1779 Adds §§ 19.32.090 and 19.60.090, 1801 Amends § 5.04.460, (5.04) architectural and site review (19.32, 1802 Adds § 16.28.045; amends 19.60) § 16.28.060, (16.28) 1780 Designating permit parking on Rose 1803 Rezone (Special) Blossom Drive from McClellan Road 1804 Rezone (Special) to Lily Avenue (Not codified) 1805 Rezone (Special) 1781 Amends § 11.24.160, parking (11.24) 1806 Amends § 11.24.150, parking (11.24) 1782 Prezone (Special) 1807 Amends § 2.08.096, city council 1783 Prezone (Special) (2.08) 1808 Adds §§ 19.28.080--19.28.110, amends §§ 19.28.040(A)(1), 19.28.060(A), (B), (C), (D) and (E), renumbers § 19.28.080 to 19.28.110 2005 S-4 Cupertino -Comprehensive Ordinance List 34 Ord. No. Ord. No. and § 19.28.090 to § 19.28.120 and 1831 Amends §§ 19.80.030(B)(1)(j) and repeals §§ 19.28.060(F)(3) and 19.80.040, accessory 19.28.070(A) and (B), zoning (19.28) buildings/structures (19.80) 1809 Amends § 19.08.030, zoning (19.08) 1832 Amends Ch. 2.16, city council-- 1810 Amends §§ 14.18.020, 14.18.060 and salaries (2.16) 14.18.230, heritage and specimen trees 1833 Amends § 16.28.045, electronic (14.18) security gates (16.28) 1811 Amends § 19.80.030, 19.80.040 and 1834 Amends Ch. 19.28, zoning (19.28) 19.84.030, zoning (19.80, 19.84) 1835 Amends §§ 14.18.020, 14.18.140 and 1812 Amends § 19.124.100, zoning 14.18.170, heritage and specimen trees (19.124) (14.18) 1813 Prezone (Special) 1836 Amends § 11.24.150, parking (11.24) 1814 Interim zoning regulations (Special) 1837 Amends § 11.34.010, traffic (11.34) 1815 Amends §§ 19.56.030 and 19.56.040, 1838 Amends § 11.34.020, traffic (11.34) zoning (19.56) 1839 Amends § 11.34.030, traffic (11.34) 1816 Extends Ord. 1814, interim zoning 1840 Amends §§ 11.24.150, 11.24.160 and regulations (Special) 11.24.180, traffic (11.24) 1817 Adds Ch. 2.90, residential design 1841 Amends § 11.20.020, traffic (11.20) review committee (2.90) 1842 Rezone (Special) 1818 Amends Ch. 2.06, city council-- 1843 Amends contract with California campaign finance (2.06) (Repealed by Public Employees' Retirement System Ord. 1956) (Special) 1819 Prezone (Special) 1844 Adds §§ 19.36.080, 19.48.080 and 1820 Prezone (Special) 19.134.020; amends Chs. 2.32, 2.90, 1821 Prezone (Special) 16.28, 17.44, 19.28, 19.32, 19.36, 1822 Amends §§ 2.04.010, 5.28.070(N), 19.48, 19.56, 19.60, 19.64, 19.80, 5.28.165(E), 10.52.060, 19.132 and 19.134, design review 16.28.060(C), 16.52.041(B)(1), committee (2.32, 2.90, 16.28, 17.44, 16.52.051, 16.52.052, 19.28, 19.32, 19.36, 19.48, 19.56, 16.52.053(B)(4)(a) and 19.60, 19.64, 19.80, 19.132, 19.134) 19.20.040(A)(1) and repeals 1845 Prezone (Special) §§ 3.12.040 and 5.04.280(C), (2.04, 1846 Amends contract with California 5.28, 10.52, 16.28, 16.52, 19.20) Public Employees' Retirement System 1823 Adopts Ch. 5 of the 1977 Uniform (Special) Code for Building Conservation 1847 Repeals and replaces § 11.34.030, (16.60) warrants for the installation and 1824 Amends §§ 16.04.010 and 16.04.110 maintenance of road bumps (11.34) and repeals §§ 16.04.070, 16.04.090, 1848 Amends § 11.08.250, bicycle lanes 16.04.100 and 16.04.120, building (11.08) code (16.04) 1849 Prezone (Special) 1825 Amends § 16.16.010 and repeals 1850 Adopts redevelopment plan for § 16.16.060, electrical code (16.16) Cupertino Vallco redevelopment 1826 Amends §§ 16.20.010, 16.20.020 and project (Not codified) 16.20.090 and repeals §§ 16.20.050-- 1851 Amends § 11.24.150, traffic (11.24) 16.20.070, plumbing code (16.20) 1852 Rezone (Special) 1827 Amends §§ 16.24.010--16.24.030, 1853 Adds § 18.24.115; amends mechanical code (16.24) § 14.05.010, park maintenance and 1828 Repeals and replaces Ch. 16.40, fire dedication fees (14.05, 18.24) code (16.40) 1854 Adds Ch. 10.80, solicitation 1829 Amends § 16.56.010, housing code prohibitions on designated public (16.56) rights-of-way (10.80) 1830 Amends §§ 10.21.010--10.21.120, newsracks (10.21) 2005 S-4 35 Comprehensive Ordinance List Ord. No. Ord. No. 1855 Amends § 11.20.030B, all directional 1884 Amends § 11.24.170, parking (11.24) vehicular stops required at certain 1885 Amends Ch. 2.06, campaign finance intersections (11.20) (2.06) (Repealed by Ord. 1956) 1856 Amends § 11.08.250, bicycle lanes 1886 Adds §§ 5.32.360, 8.01.170, designated (11.08) 8.03.035, 8.03.130, 8.05.100, 1857 Amends §§ 11.24.150 and 11.24.170, 8.06.040, 8.09.040 and 16.40.400; parking restrictions (11.24) amends Ch. 11.32 footnote, Ch. 19.48 1858 (Not passed) and §§ 1.12.010,5.04.280-5.04.450, 1859 Amends § 11.24.150, parking 5.32.160, 8.01.030, 8.03.010, restrictions (11.24) 8.03.030, 8.07.100, 8.11.140, 1860 Amends Ch. 19.28, single-family 10.24.080, 10.48.070, 10.60.090, residential zones (19.28) 11.08.280, 13.04.130(A), 1861 Rezone (Special) 13.04.180(B), 14.12.140, 14.18.020, 1862 Amends § 11.24.160, stopping, 16.04.160,16.16.070,16.20.100, standing and parking--public streets 16.32.080, 16.52.060, 17.32.060, (11.24) 19.28.050, 19.28.070(A), 19.52.020, 1863 Amends §§ 19.08.030, definitions, and 19.52.060(B), 19.80.030(B)(1)(j), 19.28.060, single-family residential 19.80.040 and 19.100.050(C); (R-1) homes (19.08, 19.28) renumbers §§ 10.48.012 to be 1864 Amends § 11.08.260, bicycles (11.08) 10.48.070 and 16.52.016 to be 1865 (Number not used) 16.52.060; repeals Ch. 10.25, 1866 Frezone (Special) §§ 1.09.080, 5.32.160, 8.03.040(D), 1867 Authorizes amendment to California 19.28.050(D) and 19.84.050, various public employees' retirement system provisions (1.12, 5.04, 5.32, 8.01, contract (Special) 8.03, 8.05, 8.06, 8.07, 8.09, 8.11, 1868 Amends Ch. 19.28, zoning (19.28) 10.24, 10.48, 10.60, 11.08, 11.32, 1869 Adds § 3.25.100, transfer of surplus 13.04, 14.12, 14.18, 16.04, 16.16, supplies and equipment (3.25) 16.20, 16.32; 16.40, 16.52, 17.32, 1870 Amends § 11.08.250, bicycle lanes 19.28, 19.48, 19.52, 19.80, 19.100) designated (11.08) 1887 Not used 1871 Amends entirety of Ch. 10.48, 1888 Adds § 3.34.230; amends Ch. 3.34; community noise control (10.48) renumbers §§ 3.34.190--3.34.230 to 1872 Amends § 11.08.260, bicycle routes be 3.34.180--3.34.220, utility users designated (11.08) excise tax (3.34) 1873 Amends § 11.08.250, bicycle lanes 1889 Rezone (Special) designated (11.08) 1890 Rezone (Special) 1874 Amends §§ 2.88.010 and 2.88.020, 1891 Amends §§ 19.08.030 and 19.80.030, audit committee (2.88) zoning (19.08, 19.80) 1875 Amends entirety of Ch. 9.06, massage 1892 Amends Ch. 2.86, housing committee establishments and services (9.06) (2.86) 1876 Amends § 11.20.020, vehicular stop 1893 Amends Ch. 3.25, sale of surplus required at certain intersections supplies and equipment; repeals (11.20) § 3.25.100 (3.25) 1877 Amends Ch. 2.06, campaign finance 1894 Amends Ch. 19.08, definitions (19.08) (2.06) (Repealed by Ord. 1956) 1895 Adds Ch. 2.92, Bicycle Pedestrian 1878 Prezone (Special) Commission (2.92) 1879 Prezone (Special) 1896 Adds § 11.34.040, roadway design 1880 Rezone (Special) features, (11.34) 1881 Amends Ch. 2.16, city council 1897 Amends §§ 3.22.020, 3.22.060-- compensation (2.16) 3.22.070, 3.23.020--3.23.050, 1882 Amends § 11.24.170, parking 3.23.100 and 3.23.130, revenue and limitations (11.24) finance (3.22, 3.23) 1883 Not used 2005 S-4 Cupertino -Comprehensive Ordinance List Ord. No. 1898 Amends § 11.08.270, roller skates and skateboards (11.08) 1899 Rezone (Special) 1900 Repeals and replaces § 3.23.160, public works contract and bidding procedures (3.23) 1901 Amends Title 19, zoning of dwelling units 1902 Adoption of interim procedures to rezone 19 acres of land (Not codified) (rescinded by Ord. 1927) 1903 Amends a contract between the city and the state's PERS (Not codified) 1904 Amends Title 10, curfew 1905 Amends Title 16, flood damage 1906 Home maintenance activities, Title 16 1907 Amends Title 16, adoption of building codes 1908 Amends Title 16, Mechanical Code 1909 Amends Title 16, Plumbing Code 1910 Amends Title 16, Electrical Code 1911 Repeals old Fire Code provisions in Title 16 1912 Amends Title 2, Disaster Council 1913 Amends Title 2, Audit Committee 1914 Amends Title 11, parking 1916 Amends Title 11, skateboarding and rollerskating 1917 Amends Title 9, massage and occupational therapists 1918 Amends Title 10, graffiti 1919 Rezones certain land (Not codified) 1920 Rezones certain land (Not codified) 1921 Amends §§ 10.48.040, 10.48.051, restriction of landscape maintenance activities (10.48) 1922 Amends Ch. 9.18, stormwater pollution prevention and watershed protection (9.18) 1923 Amends § 9.08.080, notice of report (9.08) 1924 Rezones certain land (Not codified) 1925 Amends § 14.04.040, street improvement requirements, and § 18.32.030, subdivision frontage improvements (14.04, 18.32) 1926 Amends Ch. 17.32, temporary signs (17.32) 1927 Rezones certain land; adds § 19.28.105 (19.28); rescinds Ord. 1902 1928 Rezones certain land (Not codified) 1929 Rezones certain land (Not codified) 1930 Amends § 11.24.170, parking (11.24) Ord. No. 36 1933 Rezones certain land (Not codified) 1934 Amends § 2.80.010, Fine Arts Commission established (2.80) 1936 Amends development agreement between city and Vallco International Shopping Center, LLC (Not codified) 1940 Amends Ch. 19.100, parking regulations; repeals Ch 11.29, on-site parking (11.29, 19.100) 1941 Amends § 2.04.010, City Council - regular meetings (2.04) 1942 Amends § 2.32.050, Planning Commission meetings (2.32) 1943 Amends § 13.04.130, behavior of persons in parks (13.04) 1944 Amends § 16.08.210, grading permits -limitations and conditions (16.08) 1945 Amends §§ 9.08.020 - 9.08.040, 9.08.060 - 9.08.110, weed abatement (9.08) 1946 Rezones certain land (Not codified) 1947 Modifies development agreement for new retail space, residential units and parking structure (Not codified) 1948 Amends § 18.28.040, application, and § 18.28.050, filing and processing (18.28) 1949 Not used 1950 Rezones certain land (Not codified) 1951 Amends § 2.24.020, payment procedure (2.24) 1952 Amends § 2.04.030, City Council - place of meetings (2.04) 1954 Amends Ch. 19.28, single-family residential (R1) zones; repeals §§ 19.28.105, 19.28.150, 19.28.160 and Appendices A, B and C (19.28) 1956 Repeals Ch. 2.06 -City Council - campaign finance (2.06) 1958 Amends § 2.04.010, regular meetings (2.04) 1959 Rezones certain land (Not codified) 1960 Repeals Ch. 20.02, general plan 2005 S-4 Index 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 2005 S-4 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 Business license powers, duties 5.04.060 Cable television advisory committee member appointment 2.74.010 vacancy filling 2.74.030 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 Cupertino -Index Personnel authority 2.52.090 Petition definitions 2.08.030 exception 2.08.070 hearing notice 2.08.040 Public safety commission appointment 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 Storm drainage service charge adjustment authority 3.36.160 collection duties 3.36.080 review duties 3.36.050 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 2.60.010 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 17 Violation, penalty 16.56.030 HOUSING COMMISSION Chairperson, vice-chairperson, selection, term 2.86.050 Compensation 2.86.070 Effect of provisions 2.86.130 Established, composition 2.86.010 Meetings See also Procedural rules regulations generally 2.86.060 voting, requirements 2.86.080 Members See also Specific Subject selection, qualifications, residency 2.86.020 Power, duties, responsibilities generally 2.86.100 Procedural rules 2.86.120 Recordkeeping, requirements 2.86.090 Staff assistance 2.86.110 Term of office 2.86.030 Vacancy, filling 2.86.040 -I- IMPROVEMENTS, STREET See STREET IMPROVEMENT INSPECTION Exemption from provisions 1.08.020 Notification of rights 1.08.030 Warrant required 1.08.010 - J - JUNKYARD Business license See also BUSINESS LICENSE fee 5.04.350 - K - KENNEL See ANIMAL --L-- LAND DEVELOPMENT PLANNING See also ZONING Specific plans applicability 20.04.020 Index contents 20.04.050 fees 20.04.060 preparation, adoption, amendment, repeal 20.04.030 purpose 20.04.010 zoning district designation 20.04.040 LANDSCAPING, XERISCAPE Appeal 14.15.060 Applicability 14.15.030 Definitions 14.15.020 Design plan requirements, review 14.15.050 Exceptions, exemptions 14.15.040 Purpose, findings 14.15.010 Violation, penalty 14.15.070 LIBRARY COMMISSION Compensation 2.68.050 Duties, powers, responsibilities 2.68.070 Effect 2.68.080 Established 2.68.010 Meetings, quorum 2.68.040 Records 2.68.060 Term of office 2.68.020 Vacancy, removal 2.68.030 LICENSE See also PERMIT Bicycle 11.08.020 Bingo 5.32.270 Business See BUSINESS LICENSE Cat 8.08.350 Commercial advertising 10.52.060 Dog 8.08.260 LIQUOR Alcoholic beverages, gasoline concurrent sales appeals 19.106.070 applicability of provisions 19.106.020 conditional use permit fmdings, basis 19.106.050 grant criteria 19.106.030 hearing 19.106.040 purpose of provisions 19.106.010 restrictions generally 19.106.060 Consumption, open container possession prohibitions 10.49.010 Violation, penalty 10.49.020 LOADING ZONES See PARKING 2005 S-4 Cupertino -Index -- M - MANAGER, CITY Abandoned, inoperative vehicle enforcement 11.04.040 removal authority 11.04.061 storage notice 11.04.130 Animal control administrative authority 8.01.040 seizure hearing 8.06.040 Approved street tree enforcement 14.16.080 Bicycle enforcement 11.08.030 lanes designation 11.08.250 license issuance 11.08.040 Bingo, provisions administration 5.32.170 Clerk, city, appointment 2.20.100 Commission meetings, attendance 2.28.060 Compensation, reimbursement 2.28.080 Created 2.28.010 Departmental organization authority 2.48.030 Director of emergency services 2.40.050 Eligibility, bond 2.28.030 Encroachment permit issuance 14.08.040 Garage, patio sale enforcement authority 5.16.060 Grocery store enforcement authority 5.36.060 Park and/or building permit issuance 13.04.040 Parks administration 13.04.220 Pedestrian regulations administration 11.09.020 Powers, duties 2.28.040 Relations with council 2.28.050 Residence requirement 2.28.020 Sales and use tax, alternate, collection 3.09.050 Solicitor administrative authority 5.20.100 identification permit application investigation 5.20.020 revocation, duties 5.20.070 Street tree enforcement 14.12.030 Surplus sales officer duties 3.25.020 Suspension, removal, resignation 2.28.090 Taxicab driver license suspension, revocation 5.28.180 Temporary absence, replacement 2.28.070 Traffic speed limit signing 11.12.040 stop intersection signing 11.20.040 Water department duties 15.12.090 provisions enforcement 15.12.050 MASSAGE ESTABLISHMENTS, SERVICES Appeals 9.06.220 Applicability of provisions 9.06.270 Definitions 9.06.020 Exemptions from provisions 9.06.030 Inspection of premises 9.06.230 License, permit See also Permit application 9.06.050 denial grounds 9.06.070 documentation 9.06.055 expiration, renewal 9.06.065 fee 9.06.060 required 9.06.040 revocation, suspension grounds 9.06.200 hearing 9.06.210 Operating requirements 9.06.193 Permit See also License, permit massage therapist criteria 9.06.110 medical exam 9.06.160 required 9.06.080 test 9.06.120 outcall massage application 9.06.180 criteria 9.06.190 Prohibited acts 9.06.198 Purpose of provisions 9.06.010 Sanitary conditions 9.06.196 Violation continuing 9.06.260 nuisance 9.06.240 penalty 9.06.250 18 MAYOR Board of appeals appointment 16.04.020 Disaster council chairman 2.40.030 Electrical board of appeals appointment 16.16.130 Employees' retirement system execution 2.56.020 MECHANICAL CODE Adopted 16.24.010 Amendments Section 310.1 16.24.030 Table No. 1-A 16.24.070 Appeals 16.24.060 Condensate wastes 16.24.030 Name substitution 16.24.020 Permit fees 16.24.070 Violation, penalty 16.24.080 MINOR See BINGO CURFEW 41 RHS zone 19.40.030, 19.40.040 RIC zone 19.44.040 standards designated 19.92.030 interpretation of standards 19.92.040 Horticulture R-1 zone 19.28.030 R-3 zone 19.36.030 RHS zone 19.40.040 Hospital BQ zone 19.64.050 Ice sales ML zone 19.60.030 Industrial zone, light See ML zone Insurance agency CG zone 19.56.030 Janitoral service ML zone 19.60.030 Kennel A-1 zone 19.20.040 A zone 19.16.030 Laboratory ML zone 19.60.030 Lake OS zone 19.24.040 Landscaping garden A-1 zone 19.20.040 A zone 19.16.030 Laundry CG zone 19.56.030 Lodge CG zone 19.56.030 Lot regulations A zone 19.16.060 R-2 zone 19.32.060 Lumberyard ML zone 19.60.030 Machinery rental, sales ML zone 19.60.030 Manufacturing ML zone 19.60.030 Map areas not shown 19.12.040 district boundaries 19.12.030 use, interpretation 19.12.050 Martial arts FP zone 19.72.040 Mausoleum A-1 zone 19.20.040 A zone 19.16.040 Messenger service ML zone 19.60.030 In~~ex Mine A-1 zone 19.20.040 A zone 19.16.040 Minor change applicability of provisions 19.132.030 application diversion to administrative approval approval 19.132.060 generally 19.132.040 time period suspension 19.132.050 defmitions 19.132.020 purpose of provisions 19.132.010 reports 19.132.070 ML zone applicability of provisions 19.60.020 architectural, site review 19.60.090 conditional uses 19.60.040 designated 19.12.010 emission restrictions 19.60.060 parking, loading 19.60.080 permitted uses 19.60.030 prohibited uses 19.60.050 purpose 19.60.010 site development regulations 19.60.070 Motion picture studio ML zone 19.60.030 Multiple-family residential dwelling R-3 zone 19.36.030 Multiple-family zone See R-3 zone Museum FP zone 19.72.040 Noncomplying facility See also Nonconforming use appeal 19.112.120 applicability of provisions 19.112.010 enlargement prohibited 19.112.060 maintenance, repair 19.112.070 proceedings 19.112.110 record 19.112.100 replacement 19.112.080 value determination 19.112.090 Nonconforming use See also Noncomplying facility appeal 19.112.120 applicability of provisions 19.112.010 change to other than conforming use prohibited 19.112.030 expansion prohibited 19.112.020 maintenance, repair 19.112.040 proceedings 19.112.110 record 19.112.100 replacement 19.112.050 value determination 19.112.090 Nuisance 19.04.050 2005 S-4 Cupertino -Index Nursery A-1 zone 19.20.040 A zone 19.16.030 ML zone 19.60.030 O-A zone applicability of provisions 19.76.020 conditional uses 19.76.040 designated 19.12.010 new development, conditional use permit requirements 19.76.070 permitted uses 19.76.030 purpose 19.76.010 site development regulations 19.76.050 Off-street parking See also Parking applicability of provisions 19.100.020 exceptions, generally 19.100.060 parking lot lighting 19.100.050 purpose of provisions 19.100.010 regulations 19.100.040 Open space zone See OS zone Orchard A-1 zone 19.20.030 A zone 19.16.030 OS zone applicability of provisions 19.24.020 conditional uses 19.24.040 permitted uses 19.24.030 purpose 19.24.010 Outdoor activity center FP zone 19.72.040 P zone applicability of provisions 19.48.020 approval action city council 19.48.060 design review committee 19.48.080 planning commission 19.48.050 conceptual development plan required 19.48.040 conditional use permit approval action, city council 19.48.100 approval action, planning commission 19.48.090 required 19.48.070 development plan modification 19.48.110 establishment, permitted, conditional uses 19.48.030 purpose 19.48.010 Packing, crating establishment ML zone 19.60.030 Park PR zone 19.68.030 42 Park and recreation zone See PR zone Parking See also Off-street parking applicability of provisions 19.100.020 exceptions, generally 19.100.050 nonresidential zones regulations 19.100.030 purpose of provisions 19.100.010 regulations generally 19.100.040 residential zones regulations 19.100.030 shared parking regulations 19.100.040 Parking, parking garage ML zone 19.60.030 Permitted uses A-1 zone 19.20.030 A zone 19.16.030 BA zone 19.64.030 BQ zone 19.64.040 CG zone 19.56.030 ML zone 19.60.030 OA zone 19.76.030 OS zone 19.24.030 PR zone 19.68.030 R-1 zone 19.28.030 R-2 zone 19.32.030 R-3 zone 19.36.030 RHS zone 19.40.030 RIC zone 19.44.040 T zone 19.64.060 Personal services CG zone 19.56.030 Pets R-2 zone 19.32.030 R-3 zone 19.36.030 Photography studio CG zone 19.56.030 Picnic area BQ zone 19.64.050 FP zone 19.72.040 Planned development zone See PD zone Playground PR zone 19.68.030 OS zone 19.24.040 Pond OS zone 19.24.040 Pool OS zone 19.24.040 Poultry raising, hatchery A-1 zone 19.20.040 A zone 19.16.030 Prezoning 19.120.110 Private recreation zone See FP zone 2005 S-4 43 Processing ML zone 19.60.030 Professional office CG zone 19.56.030 OA zone 19.76.030 Prohibited uses A-1 zone 19.20.030 A zone 1 9.16.050 CG zone 19.56.050 FP zone 19.72.070 ML zone 19.60.050 PR zone applicability of provisions 19.68.020 designated 19.12.010 park master plan required 19.68.040 permitted uses 19.68.030 purpose 19.68.010 Public building zone See BA zone Purpose of provisions 19.04.010 Quarry A-1 zone 19.20.040 A zone 19.16.040 Quasipublic building zone See BQ zone R-1 zone applicability of regulations 19.28.020 building development regulations 19.28.060 conditional uses 19.28.040 designated 19.12.010 development regulations 19.28.120, 19.28.130 exceptions 19.28.110 interpretation of provisions 19.28.140 minor residential permit 19.28.090 permitted uses 19.28.030 permitted yard encroachments 19.28.080 purpose 19.28.010 site development regulations 19.28.050 two-story residential permit 19.28.100 yard 19.28.080 R-2 zone applicability of provisions 19.32.020 architectural, site review 19.32.090 building coverage, setbacks 19.32.070 conditional uses 19.32.040 designated 19.12.010 height 19.32.050 lot 19.32.060 permitted uses 19.32.030 purpose 19.32.010 yard 19.32.080 In~~ex R-3 zone applicability of provisions 19.36.010 architectural, site review 19.36.080 conceptual development plan required 19.36.050 conditional uses 19.36.040 designated 19.12.010 parking 19.36.070 permitted uses 19.36.030 purpose 19.36.010 site development regulations 19.36.060 Racquet club FP zone 19.72.040 Radioactive material manufacture M L zone 19.60.040 Radio aerial See Wireless communications facilities Radio station ML zone 19.60.030 Radio tower A-1 zone 19.20.040 A zone 19.16.040 Railroad T zone 19.64.060 Ranch A-1 zone 19.20.040 A zone 19.16.040 Real estate agency CG zone 19.56.030 Recreation OS zone 19.24.030 PR zone 19.68.030 RHS zone 19.40.040 Recycling area applicability of provisions 19.81.030 definitions 19.81.020 maintenance, collection 19.81.050 purpose of provisions 19.81.010 site development requirements 19.81.040 violation, penalty 19.81.060 Recycling center administration of provisions 19.82.070 compliance required, violation, penalty 19.82.020 definitions 19.82.030 permit multiple sites 19.82.050 required 19.82.040 purpose of provisions 19.82.010 standards 19.82.060 Religious organization BQ zone 19.64.050 Repair services 2005 S-4 Cupertino -Index CG zone 19.56.030 ML zone 19.60.030 Research and development ML zone 19.60.030 Research facility OA zone 19.76.040 Residential care facility A-1 zone 19.20.030,19.20.040 A zone 19.16.030, 19.16.040 BQ zone 19.64.050 R-1 zone 19.28.030, 19.28.040 R-2 zone 19.32.030, 19.32.040 R-3 zone 19.36.030,19.36.040 RHS zone 19.40.030, 19.40.040 RIC zone 19.44.040, 19.44.050 Residential duplex zone See R-2 zone Residential hillside zone See RHS zone Residential single-family cluster zone See RIC zone Restaurant CG zone 19.56.030 Retail store CG zone 19.56.030 RHS zone applicability of provisions 19.40.020, 9.40.145 building restrictions 19.40.060 conditional uses 19.40.040 designated 19.12.010 design standards 19.40.070 driveways, private roads 19.40.110 fencing 19.40.080 geologic, soil reports 19.40.100 interpretation of provisions 19.40.130 permitted uses 19.40.030 purpose 19.40.010 site development regulations designated 19.40.050 exceptions, conditions, procedure 19.40.140 solar design 19.40.120 yard 19.40.090 RIC zone applicability of provisions 19.44.020 characteristics 19.44.030 conditional uses 19.44.050 designated 19.12.010 development plan modifications 19.44.080 standards 19.44.070 permitted uses 19.44.040 purpose 19.44.010 waste development regulations 19.44.060 44 School BQ zone 19.64.050 Second dwelling unit A-1 zone 19.84.020 applicability of provisions 19.84.020 architectural review 19.84.060 A zone 19.84.020 nonconforming, illegal second dwelling units 19.84.070 parking 19.84.040 purpose 19.84.010 R-1 zone 19.28.040, 19.84.020 RHS zone 19.40.030 RHS zone 19.40.040, 19.84.020 site development regulations 19.84.030 Shed A zone 19.16.030 Single-family dwelling unit A-1 zone 19.20.030 A zone 19.16.030 PR zone 19.68.030 R-1 zone 19.28.030 RHS zone 19.40.030 RIC zone 19.44.040 Single-family residential zone See R-1 zone Site development regulations accessory buildings, structures 19.80.030 A-1 zone 19.20.030 A zone 19.16.050 BA zone 19.64.090 BQ zone 19.64.090 CG zone 19.56.070 ML zone 19.60.070 OA zone 19.76.050 R-1 zone 19.28.050 R-3 zone 19.36.060 radio aerial See Wireless communications facilities RHS zone 19.40.050 RIC zone 19.44.060 second dwelling unit 19.84.030 television aerial See Wireless communications facilities T zone 19.64.090 Skating rink FP zone 19.72.040 Slaughterhouse A zone 19.16.050 Solar design A-1 zone 19.20.030 A zone 19.16.080 RHS zone 19.40.100 2005 S-4 45 Index Sports training center Two-family use, one ownership FP zone 19.72.040 R-2 zone 19.32.030 Stables T zone A-1 zone 19.20.030, 19.20.040 applicability of provisions 19.64.020 A zone 19.16.030 designated 19.12.010 OS zone 19.24.040 development plan required 19.64.070 Stenographic service permitted uses 19.64.060 ML zone 19.60.030 purpose 19.64.010 Stone cutting, monument manufacture site development regulations 19.64.090 ML zone 19.60.040 Utility company Storage facility BQ zone 19.64.050 ML zone 19.60.030 Utility facility Stream ML zone 19.60.030 OS zone 19.24.040 Utility structure Swimming facilities A-1 zone 19.20.040 BQ zone 19.64.050 A zone 19.16.040 FP zone 19.72.040 Variance ML zone 19.60.040 See Conditional use permit, variance Telegraph office Vegetation maintenance ML zone 19.60.030 OS zone 19.24.030 Television aerial Video game See Wireless communications facilities FP zone 19.72.040 Television station GC zone 19.56.030 ML zone 19.60.030 Vineyard Television tower A-1 zone 19.20.030 A-1 zone 19.20.040 A zone 19.16.030 A zone 19.16.040 Violation, penalty Temporary buildings generally 19.04.070 R-3 zone 19.36.030 remedies cumulative 19.04.060 Temporary uses Warehouse conditional use permit ML zone 19.60.030 appeal 19.128.040 Wine sale findings, required 19.128.030 A zone 19.16.040 granting 19.128.010 A-1 zone 19.20.040 issuance conditions 19.128.020 Wireless communications facilities R-2 zone 19.32.040 aerials R-3 zone 19.36.040 design, siting review requirements RHS zone 19.40.040 19.108.070 Theatre exceptions, generally 19.108.100 FP zone 19.72.040 regulations, generally 19.108.050 Transformer station site development regulations 19.108.060 A-1 zone 19.20.040 antennas regulations 19.108.050 A zone 19.16.040 applicability of provisions 19.108.020 Transmission lines applications A-1 zone 19.20.040 additional information requirements A zone 19.16.040 19.108.080 Transportation zone review, processing, generally 19.108.090 See T zone BQ zone 19.64.050 Travel agency definitions 19.108.030 GC zone 19.56.030 exceptions, generally 19.108.100 Tree farm height limitation exceptions 19.108.090 A-1 zone 19.20.030 masts, towers A zone 19.16.030 exceptions 19.108.100 RHS zone 19.40.040 regulations, generally 19.108.050 Cupertino -Index purpose of provisions 19.108.010 site locations, allowed where 19.108.040 Wood sales ML zone 19.60.030 Yard regulations A-1 zone 19.20.030 A zone 19.16.070 R-1 zone 19.28.080 R-2 zone 19.32.080 RHS zone 19.40.070 46 2005 S-4