2004 Corrections-a
CUPERTINO, CALIFORNIA
Instructic-n Sheet
Correction Supplement
REMOVE OLD PAGES INSERT NEW PAGES
Title Page
Title Page
TITLE XIV: STREETS, SIDEWALKS, AND LANDSCAPING
1 through 44
1 through 44
CUPERTINO, CALIFORNIA
MUNICIPAL CODE
TABLE Ol? CONTENTS
Title
1. General Provisions
2. Administration and Personnel
3. Revenue and Finance
4. (Reserved)
5. Business Licenses and. Regulations
6. Franchises
7. (Reserved)
8. Animals
9. Health and Sanitation
10. Public Peace, Safety and Morals
11. Vehicles and Traffic
12. (Reserved)
13. Parks
14. Streets, Sidewalks and Landscaping
15. Water and Sewage
16. Buildings and Constriction
17. Signs
18. Subdivisions
19. Zoning
20. General and Specific ]'laps
Appendix: Tables
IPIDEX
TITLE 14: STREETS, SIDEWALKS AND LANDSCAPING
Chapter
14.04 Street Improvements
14.05 Park Maintenance Fee
14.08 Obstruction of Streets
14.12 Trees
14.15 Xeriscape ]Landscaping
14.18 Heritage and Specimen Trees
14.20 Underground Utilities-Conversions
14.24 Underground Utilities-New Developments
14.04.010
CHAPTER 14.04: ST1~tEET IMPROVEMENTS*
Section
14.04.010 Definitions.
14.04.020 Application.
14.04.030 General purpose and intent.
14.04.040 Requirements-General.
14.04.050 Dedication-Time-Purpose.
14.04.060 In-lieu payments and deferred
agreements.
14.04.070 In-lieu payments-Purpose Deferral of
payments by the City.
14.04.080 Deferred agreements-Purpose-Deferral of
improvements by the City.
14.04.090 Interim street improvement-pertain
areas-Purpose.
14.04.100 Credit-Purpose.
14.04.110 Improvements installed prior to
permit-Imposition of street improvement
reimbursement charges, cost of land and
interest.
14.04.120 Rules and regulations.
14.04.125 Rules and regulations for installation,
modification or removal of traffic
diverters.
14.04.130 Dedication-Requirements.
14.04.140 Required improvement and dedication as
determined by class of street.
14.04.150 Credits-Prior improvements.
14.04.160 Preceding permit-Conditions.
14.04.170 Installation agreement-Bond-0ther
security
14.04.175 Reimbursement agreement.
14.04.176 Disposition of street improvement
reimbursement charge revenues.
14.04.180 Payment in lieu of
improvement-Schedule.
14.04.190 Checking, inspection and other fees.
14.04.200 Standard specifications.
14.04.210 Street and highway widths.
14.04.220 Legal description required.
14.04.230 Exceptions.
14.04.240 Appeals.
14.04.250 Chapter conformance required.
14.04.260 Violation-Nuisance.
14.04.270 Violation-Utility connection denial.
14.04.280 Violation-Penalty.
14.04.290 Cumulative remedies.
See Title 16, Buildings and Construction. Prior
ordinance history: Ord. 546 as amended by
Ord. 564; Ord. 776.
14.04.010 Definitions.
A. "Deferred agreement" means a written agreement
between permittee and the City whereby the permittee
agrees, upon six months written notice given by the City, to
install improvements as may be required under this chapter
in an unimproved street adjacent to the property for which
the permit is being sought. Said agreement shall include a
provision making the obligation of the permittee a covenant
running with the land binding future property owners and
shall be recorded in the office of the County Recorder. In
cases where the permittee is not the owner of the subject
property, both the permittee and the owner shall be required
to execute the agreement. Performance of its obligation
under a deferred agreement to install improvements shall,
unless earlier demand is made by the City, be accomplished
by the permittee, or his successor in interest, no later than
fifteen years from the execution of the agreement.
B. "In-lieu payment" means a payment of money to
the City by a permittee in lieu of the permittee's obligation
to install street improvements as required in the chapter. No
part thereof shall be subject to refund to the permittee.
C. "Installation agreement" means a written
agreement between permittee and the City whereby the
pennittee agrees, in lieu of installing street improvements
required under this chapter on or before the date of issuance
of the permit, to install said improvements within one year
ofthe date ofhe agreement's execution, unless extended by
the parties for good cause. Said agreement may provide for
such other covenants or conditions as may be desirable to
accomplish the purposes of this chapter, including, but not
limited to, the following:
14.04.010 Cupertino -Streets, Sidewalks and Landscaping
1. No work shall be undertaken by the permittee
until all plans and specifications have been submitted to the
City Engineer and approved by him in writing, and that all
of said improvements shall be constructed under, and
subject to, inspection by the City Engineer;
2. That it shall bind the heirs, administrators,
executors, successors, assigns and transferees of the
permittee, and shall run with the land;
3. For guarantee of improvement from defects,
damages or imperfections due to, or arising from, faulty
materials or workmanship for a period of one yeaz,
4. For indemnification of the City and public
liability insurance protecting the City from liability azising
from, or in connection with, said improvements; and,
5. For specification of such other matters as may be
required of the permittee pursuant to the provisions of this
chapter, or as may be reasonable and necessary to carry out
the purposes and intent of this chapter.
Said agreement to install improvements shall be
secured as provided in Section 14.04.170 and may be
recorded in the office of the County Recorder.
D. "Pazcel of land" means a pazcel of land as shown
on the latest assessment map of the Assessor of the County
of Santa Claza.
E. "Permit" means any building permit, use permit,
or site and azchitectural approval issued by the City under
and pursuant to the provision of its ordinances.
F. "Permittee"means any individual, copartnership,
association, corporation, governmental body or unit or
agency (other than the City), or any other entity owning or
occupying land adjacent to any unimproved street, or
unimproved streets, in the City who is required to have a
building permit from the City in order to erect, construct,
add to, alter, or repair any building or structure upon said
land, or who is required to have a use permit, or site and
azchitectural approval.
G. "Person" means any individual, copartnership,
association, corporation, governmental body or unit, or
agency (other than the City), or any other entity.
H. "Reimbursement agreement" means a written
agreement with the City whereby in order to receive
reimbursement of certain street improvement costs, and as
a condition precedent to obtaining a building permit, use
permit or site and azchitectural approval; the permittee shall
enter into.
I. "Unimproved street" means any street or highway
in the City which is less in width from property line to
property line than the width prescribed in Title 18 of this
code for the class ofthe particular street, or which lacks any
improvement required by this chapter, or other ordinances
of the City, including but not limited to curbs, gutters,
driveways, sidewalks, street trees, street signs, water lines,
4
fire hydrants, retaining walls, pavement, storm sewers,
sanitary sewers, or street lights. (Ord. 1652, § 1, 1994; Ord.
1094, (part), 1981)
14.04.020 Application.
Nothing contained in this chapter shall be construed to
apply to a subdivision of land, as the term "subdivision" is
defined in the Subdivision Map Act of the State of
California; nor shall anything contained in this chapter be
construed to limit the power of the City to require the
installation of street improvements as a condition to
approval of any tentative subdivision map under the
provisions of the Subdivision Map Act of the State of
California or the City's Subdivision Ordinance. (Ord. 1094,
(part), 1981)
14.04.030 General Purpose and Intent.
In enacting this chapter, the City Council finds that,'
prior to the rapid expansion of the area in which the City is
located, and of the azea comprising the City, the streets and
highways within the City were adequate for its needs.
However, since the rapid expansion, the City has
experienced increases in population and land development,
the direct result of which has been to render the previously
existing streets and highways inadequate in width and
development to provide minimum acceptable service
capacity to the lands being developed, and the indirect result
of which is to deny to the public streets and highways of
minimum standazds for safe and convenient vehicular and
pedestrian access and travel. The City Council further finds
that unless measures are taken to provide for the orderly and
systematic increase in width, capacity and improvement of
the City's streets and highways when, and as, the
development of land takes place, the citizens ofthe City will
suffer a condition of blight with pernicious effect upon the
economic welfaze, public convenience and general
prosperity of the community. Therefore, the provisions of
this chapter aze intended to define the requirements, policies
and procedures for the acquisition of public streets and
highways and public easements, and for the construction of
public improvements, in connection with the development
of areas and parcels of property in order to:
A. Ensure that lands hereafter developed aze put to
uses compatible with their surrounding azeas, and which
uses will not unduly adversely affect other persons, or land,
or the general public;
B. Spread the costs ofrequired public improvements
upon the abutting properties, as contemplated by law;
C. Cause the installation of those improvements
necessary properly to serve the property developed at the
time of its development, so faz as may be practicable, so that
the benefitting property may enjoy the use of such
improvements throughout the normal life thereof;
5 Street Improvements 14.04.030
D. Protect the vested interest of the public in the
preexisting capacity of the City's streets and highways;
E. Promote the installation of all necessary street
improvements in the most economically feasible manner to
both City and to the owners of affected pazcels of land;
F. Protect the public safety, living standazds and
common welfaze of the general public. (Ord. 1094, (part),
1981)
14.04.040 Requirements-General.
A. Any person who proposes to erect, construct, add
to, alter or repair any building or structure for which a
building permit is required by the City on or upon any land
adjacent to an unimproved street, or who seeks a use permit
or azchitectural and site approval from the City for land
adjacent to an unimproved street must improve, or agree to
improve by installation agreement, said street as herein
required by the installation of such of the following
improvements as the City Engineer, under the provisions of
this chapter, deems necessary: underground utilities, curbs
and gutters, driveways, sidewalk, street paving and overlay,
street lights, storm sewers, sanitary sewers, street trees,
street signs, water lines, fire hydrants, and retaining walls,
and, where necessary, the dedications and improvements of
service roads, facilities for off-street parking, alleys,
easements for public utilities, drainage, sewers, walkways,
watercourses, planting strips and nonaccess facilities, and
the payment of park and recreation facilities acquisition and
maintenance fees in accordance with Chapter 14.05 of the
City's Ordinance Code. Said improvements or installation
agreements shall be a condition precedent to the issuance of
any required building permit, use permit, or architectural
approval.
B. Certain local streets not covered under the
hillside development provisions ofthis Code may be ofsuch
a nature that the City can determine them to be eligible for
modified street improvement standazds. Developers of
properties that front on unimproved or partially improved
portions of such a street may apply to the City to modify the
improvement standards for that street by requesting that the
City adopt a rural or semi-rural designation for that street.
C. The City Council, upon the recommendation of
the City Engineer, may approve a rural or semi-rural
designation for a street, based upon the following findings.
D. For either a rural or a semi-rural street
designation:
1. Conventional improvements aze not appropriate
due to the chazacter of development in the azea, and
surrounding developed properties lack such improvements.
2. If sidewalk is not to be provided, the street is not
on a recognized route to school.
3. If sidewalk is not to be provided, traffic
conditions on the street aze such that pedestrians may travel
safely along the street without a separate pedestrian
pathway.
4. There aze no significant accessibility issues that
will arise from lack of sidewalk or the use of alternate
sidewalk.
5. Waiver of streetlights or alternate streetlights
would not contribute to an unsafe condition for traffic,
pedestrian travel, or the security of the surrounding
neighborhood. There aze no maintenance or replacement
issues with any alternate proposed.
E. In addition, for asemi-rural designation:
1. Adequate drainage along the street and in the
surrounding azea exists, or can be achieved, with altemate
curb and gutter or dike.
2. At least two-thirds of the property owners along
the affected street have signed a petition to the City
requesting asemi-rural designation for their street. The
petition must make it cleaz that streetlights may not be
totally waived along the street, but may still be required at
lazger spacings or at important locations, such as
intersections, along the street.
F. In addition, for a rural designation:
1. Adequate drainage along the street and in the
surrounding azea exists, or can be achieved, without curb
and gutter.
2. At least two-thirds of the property owners along
the affected street have signed a petition to the City
requesting a rural designation for their street. The petition
must make it cleaz that streetlights may not be totally
waived along the street, but may still be required at lazger
spacings or at important locations, such as intersections,
along the street. The petition must also make it cleaz that
street sweeping cannot be performed on streets where there
is no curb and gutter.
G. Alternates to standard high curb and gutter (Type
A2-6, Fig. 1-16, City of Cupertino Standard Details) that
will typically be acceptable are roll curb (Type E, Ibid.) and
A.C. Dike (Type A3-6D, Ibid.)
H. If no projects to which a rural or semi-rural
standazd would apply have occurred along a street within
five years of the date that the City Council approved a rural
or semi-rural designation for that street, the rural or semi-
ruraldesignation will expire, and the standard improvements
will again be required for the street until such time that the
City Council approves a new rural or semi-rural designation
for the street by the process outlined in this section.
I. Any surveys, studies, plans, profiles, etc.,
determined by the City Engineer as necessary for making
2004 S-1
14.04.040 Cupertino -Streets, Sidewalks and Landscaping
any ofthe foregoing findings for a rural or semi-rural street
designation shall be the responsibility ofthe applicant for
such designation.
J. The City will specify the form and content of
petitions.
K. Typical "Waal" and "semi-rural" street sections
aze shown in Figure 1-11 ofthe City of Cupertino Standard
Details. (Ord. 1925, (part), 2003; Ord.1479, § 1,1989; Ord.
1094, (part), 1981)
14.04.050 Dedication-Time-Purpose.
Real property is required to be dedicated at the time of,
and as a condition precedent to, the issuance ofthe permit
sought by the permittee. The purpose of this requirement is
that unless dedication is required at the time, buildings,
structures, or other encroachments may be placed on the
pazcel required for dedication by present or future owners or
occupants which will interfere with the dedication and
which will be expensive and time-consuming to remove;
various liens or encumbrances may attach to the pazcel to be
dedicated between the date the permit issues and the date of
dedication, which will cloud title, cause delay and expense
in eliminating, and will lead to litigation. Property lines and
titles will be rendered uncertain by a requirement of an
executory dedication, and clerical oversights may
inadvertently occur if dedication is postponed so that a
dedication normally required may be overlooked, resulting
in a loss to the City as a whole, and in an unjust windfall to
one property owners. (Ord. 1094, (part), 1981)
14.04.060 In-Lieu Payments and Deferred
Agreements.
Notwithstanding the requirements of Section
14.04.040, permittee, at the option of the City Engineer,
shall be allowed to make provision for the necessary street
improvements either
A. By in-lieu payment as defined in Section
14.04.010 (B);
B. By a deferred agreement as defined in Section
14.04.010(A); or
C. By a combination of the above. (Ord. 1094,
(part), 1981)
14.04.070 In-Lieu Payments-Purpose-Deferral of
Payments by the City.
In-lieu payments aze intended to provide a method to
achieve the objectives of this chapter without the delay and
expense to the permittee attendant upon the prepazation and
review of contracts, faithful performance bonds, labor and
material bonds, insurance policies, and other requirements.
However, the formula for the determination ofthe amount
of in-lieu payment, as specified in Section 14.04.180, does
not fully compensate the City for the expense of making the
improvement. In order to mitigate the disparity between
improvement costs and in-lieu payments, the City shall be
required to install improvements financed by said in-lieu
payments only at such time as the City can do so on an
economical, azeawide basis, rather than on an expensive
piecemeal basis. (Ord. 1094, (part), 1981)
14.04.080 Deferred Agreements-Purpose-Deferral
of Improvements by the City.
Defened agreements aze intended to provide
permittees who develop in certain azeas an alternative
method of meeting their obligations under this chapter to
install street improvements. In azeas where immediate
installation of improvements on a piecemeal basis cannot be
accomplished without creating a dangerous change in street
or sidewalk grade, or a hazardous lack of street alignment,
or interfering with utility service, or causing
disproportionate expense in the relocation of utility lines, or
interfering with natural or artificial drainage facilities and
causing ponding or flooding, and where property may
develop at an uneven and sporadic rate, making it difficult,
if not impossible, to determine when improvements can be
installed on an azeawide basis, the City Engineer, at his
option, may allow the permittee to execute a deferred
agreement in lieu of obligations imposed by Sections
14.04.040 or 14.04.070 of this chapter. (Ord. 1094, (part),
1981)
14.04.090 Interim Street Improvement-Certain
Areas-Purpose.
A. Certain areas within the City as shall be more
specifically described by resolution of the City Council,
have the following special chazacteristics:
1. Virtually all properties within the area are fully
developed and application for permits from property owners
within the azea will, in all likelihood, be filed with the City
at a very slow rate over a substantial period of time;
2. Major portions ofthe streets in the azea aze of less
than standard width and aze without full street
improvements as normally required by the City;
3. Full street improvements, if required to be
installed under the general requirements of Section
14.04.040, would be installed in a piecemeal and
uneconomic manner over an unreasonably long period of
time;
4. The use of in-lieu payments or deferred
agreements, as described in Sections 14.04.010(A) (B),
14.04.060, and 14.04.070 of this chapter, would not be
equitable or practical due to the fact that most properties in
the azea are unlikely to develop or redevelop for a
substantial period of time; hence, full street improvements
2004 S-1
6A Street Improvements 14.04.090
installed on an economical azeawide basis would be deferred
for an unreasonable period of time;
5. The streets in the azea still require some interim
improvements to be installed within a reasonable period of
time.
B. With respect to these azeas, immediate
installation of full improvements shall not be required.
However, the permittee may elect either to make an in-lieu
payment reflecting said full improvements as provided in
Section 14.04.060 or to make an in-lieu payment for the
installation of interim street improvements, as provided in
Section 14.04.200, and approved by the City Council, which
aze less than full improvements. By electing to make an
in-lieu payment for interim street improvements only,
neither the permittee, nor the owner of the subject property,
is relieved from the later obligation of installing full
improvements as required under Section 14.04.040 as a
condition precedent to a future permit, should the City
Council, by resolution, remove the area, or portion thereof,
in which the subject parcel of land is located from the
special provision of this section. (Ord. 1094, (part), 1981)
14.04.100 Credit-Purpose.
Any person, or his successor in title, who has made
dedications, or made or paid for improvements of the kind
required by this chapter before the effective date of the
ordinance codified in this chapter, shall receive credit
therefor as provided in this chapter. Any person, or his
successor in title, who makes dedications, or makes or pays
for improvements required by this chapter, shall receive
credit therefor as provided in this chapter in the event that
the land involved is subsequently included in a City
assessment district proceeding. No person shall receive a
credit in excess of the amount of dedication required or the
cost of the improvements required by this chapter. (Ord.
1094, (part), 1981)
B. Where street improvements have been installed
by the City, or by another property owner, without cost to
the adjoining property owner, the adjoining property owner,
as a condition precedent to obtaining a permit or any
entitlement to use for his/her property, shall pay the City for
the cost of the land at the cost to the City, or another
property owner, and shall pay a street improvement
reimbursement charge for the improvements which the City,
or another property owner, installed on the streets abutting
or included in the benefitted property, in an amount equal to
the total improvement costs for each particulaz benefitted
property as set forth in the reimbursement agreement.
Payments for both land and improvements shall include
simple interest in the amount of seven percent per year, to
be calculated in the following manner:
1. Land Cost. Interest to accrue from the date the
street improvements aze accepted by the City to the date the
street improvement reimbursement charge is paid, or if the
land is purchased by the City for a City project, from the
date of pwchase to the date the charge is paid;
2. Improvement Cost. Interest to accrue from the
date the street improvements aze accepted by the City to the
date the street improvement reimbursement chazge is paid,
or if installed by the City, from the date installation
commenced to the date the charge is paid.
C. Provided, however, that the interest shall be
waived if the adjoining property owner dedicates or has
dedicated to the City land necessary for the street
improvements, or where no such dedication is necessary.
(Ord. 1652, § 2, 1994; Ord. 1094, (part), 1981)
14.04.110 Improvements Installed Prior to
Permit-Imposition of Street
Improvement Reimbursement Charges,
Cost of Land and Interest.
A. In some instances, the public welfare, safety and
economy can be best served by the installation of
improvements on unimproved streets prior to the time that
an adjoining property owner seeks a permit. Since such
adjoining property benefits from the street improvements,
the owners of such property aze required to contribute their
shaze of the cost of those street improvements (just as
permittees who seek a permit prior to the installation of
improvements aze required to do) when they seek a building
permit unless it is exempt pursuant to Section 14.04.230(D)
of this chapter, a use permit, or a site and architectural
approval.
2004 S-1
7 Street Improvements 14.04.120
14.04.120 Rules and Regulations.
The City Engineer shall have the power to establish
reasonable rules and regulations consistent with the
provisions of this chapter for the purpose of its
administration and enforcement. Said rules and regulations
shall be effective upon approval thereof by the city council.
(Ord. 1094, (part), 1981)
14.04.125 Rules and Regulations for Installation,
Modification or Removal of Traffic
Diverters.
A. Definitions.
1. A "diagonal diverter" extends through the center
of an intersection from one corner to the opposite comer
across an intersection forcing a tum to the right or left.
2. A "full diverter" (cul-de-sac type) is placed
across both lanes oftraffic and prohibits both exit from and
entrance to a street
3. "Local street" means any street other than a major
or minor collector as shown in Table 4-B ofthe circulation
element ofthe General Plan. The circulation element calls
for the deliberate discouragement of through traffic of such
streets.
4. "Official traffic-control signs" means the signs
approved by Caltrans in accordance with the California
Vehicle Code Section 21400.
5. A "semidiverter" is placed across one lane of
traffic and prohibits entry to or exit from a street.
6. "Traffic diverter" means a roadway design
feature which is placed upon a street or roadway in order to
prohibit vehiculaz traffic from entering to or exiting from or
both to and from any street.
B. Rules.
1. Traffic diverters shall be placed only on streets
under the jurisdiction ofthe City.
2. Traffic diverters shall be placed only on local
streets.
3. The diverter shall be in conformance with the
policies ofthe circulation element ofthe General Plan.
4. Placement of diverters shall be consistent with
the responsibility ofthe City to provide for the, health and
safety of its citizens, including provision of emergency
vehicle access, effective decreases in exposure to noise and
pollution, and decreasing accidents and energy use.
5. Appropriate traffic-control signs shall be placed
on and in the vicinity of each diverter.
C. Regulations.
1. A request for installation, removal or
modification of a diverter may be initiated by the
Department of Public Works or by the City Council. The
request shall specify the proposed action and state reasons
for the suggested installation, removal or modification of a
diverter.
2. Each request for installation, removal or
modification of a diverter shall be reviewed by staff, who
shall prepaze a written report containing the following
information to be submitted to the City Council:
a. The actions proposed and the reasons for support
ofthe request For existing diverters, the report shall include
the history of the diverter, including the date of installation,
reason why it was installed,-complaints received, if any, and
statements of support received, if any;
b. Existing conditions in the area which would be
affected by the proposed installation, removal or
modification include, but aze not limited to:
i. Traffic volumes, patterns and speeds,
ii. Existing traffic control and traffic-control and
traffic-management devices,
iii. On-street parking levels and patterns,
iv. Accident data, and
v. Emergency-vehicle access routes, public transit
and school bus routes, and other public service and delivery
routes.
Both the streets directly affected by the diverter and
the streets which would be expected to handle diverted
traffic shall be considered. For existing diverters, the
accident data should include an assessment of the role, if
any, that the diverter may have played (both positive and
negative);
c. Design options ofthe diverter or diverters;
d. Probable impacts of the proposed installation,
removal or modification, including but not limited to
impacts on the conditions described under subsection C2b
of this section; on air pollution, fuel use, and noise; on
transit service; on emergency-vehicle access times; on
residential quality of life, and estimated costs. Both streets
directly affected by the diverter or diverters and the streets
which would be expected to handle diverted traffic shall be
considered;
e. Staff shall request comments on the proposed
diverter from the Departments ofPublic Safety and Planning
and Community Development and the County Transit
District if any routes aze impacted, and shall attach these
comments to the report;
f. Alternatives to the proposed action;
g. Statements or findings necessazy to comply with
the California Environmental Quality Act;
h. Staff recommendation.
3. In addition to transmitting the staff report to the
City Council, staffshall also send copies ofthe report to the
initiator of the request, to neighborhood organizations in the
azea of the proposed action, to individuals who have stated
an interest in such matters, and to the County Transit
District if any bus routes are impacted.
4. Notice of a public heazing shall be given pursuant
to the manner set forth in Chapter 19.116 ofthe Cupertino
Municipal Code.
14.04.125 Cupertino -Streets, Sidewalks and Landscaping
5. After the close of the public hearing, the City
Council may order a report recommending that a diverter or
diverters be installed or removed or modified, or that no
change be made. The report shall contain written findings
that the proposed action meets each of the requirements set
forth in subsection B of this section, shall specify the effect
of the proposed action on traffic volume and on the health
and safety ofCupertino citizens as outlined in subsection B4
of this section, and that the action complies with CEQA.
The City Council may adopt the staffreport as the findings
in support of its decision.
6. The Public Works Department shall process the
appropriate environmental document.
7. The Director of Public Works shall submit all
reports generated pursuant to these regulations to the City
Council.
8. The City Council shall by resolution authorize the
installation, removal or modification of any diverter. If the
proposal is for the installation of a new diverter, then the
Director of Public Works shall review the diverter after six
months of operation concerning any and report the
conclusions ofoperation concerning any impacts as outlined
in subsection C2b of this section and report the conclusions
of such review to the City Council.
D. Improvements. The Department of Public Works
shall consider physical improvements for the designated
diverters during each year's budget process. Any such
improvements shall be processed in the same manner as any
capital improvement in the City, except that the Department
of Public Works may accept contributions in cash or in kind
to provide for improvements ofdiverters. First priority shall
be given to improving any diverter to enhance public health
and safety. Second priority for placement of physical
improvements shall be given to diverters in order of their
date of installation. (Ord. 1611, § 1, 1992)
14.04.130 Dedication-Requirements.
For the purpose of determining the length and width of
street rights-of--way, which shall be dedicated and improved
under the provisions ofthis chapter, the following rules shall
apply:
A. Dedication and improvement shall be for the full
length of the property line (of the pazcel for which the
permit is sought) abutting the street for which dedication
and improvement is required. Dedication and improvement
shall be made for the full length of the property line of each
lot or lots to which said building permit, use permit, or site
and architectural approval applies. In case of flag lots
whose building site is accessible only via a strip providing
connection to a public street, the extent of street
improvement required shall consist ofnot less than one-half
the projected width of such lots measured along the adjacent
street for which improvements aze required;
B. Provided, however, that where there aze two or
more adjoining pazcels of property under the same
ownership, each pazcel shall be deemed to be a sepazate
pazcel unless the permit sought relates to the use or uses of
more than one pazcel, or to a building or buildings, or
structure or structures (including, but not limited to,
appurtenant facilities, pazking facilities, front, side and reaz
yazds) on more than one pazcel. If the permit sought relates
to the use or uses of more than one pazcel, or to a building
or buildings, or structure or structures (including, but not
limited to, appurtenant facilities, pazking facilities, front,
side and reaz yazds) on more than one pazcel, dedication and
improvement shall be for the full length of the property line
abutting the street for which dedication and improvement is
required for each parcel to which said permit relates.
C. The permittee may be required to dedicate and
improve walkways to long blocks, or to provide access to
school, park or other public areas.
D. When the reaz or side lines of any lots border any
major or secondary street, highway or pazkway, the
permittee may be required to execute and deliver to the City
an instrument deemed sufficient by the City Attorney,
prohibiting the right of ingress and egress to such lots across
the sidelines of such street, highway or pazkway.
E. When any lots aze proposed for commercial or
industrial usage, alleys at least twenty feet in width shall be
dedicated at such locations as may be required by the
architectural and site control committee and the City
Council, with adequate ingress and egress for truck traffic.
F. The permittee shall grant easements not less than
ten feet in width for public utility and drainage purposes
along the rear lot lines, along side lot lines and along front
lot lines, wherever necessary. Easements of lesser widths
may be allowed after ten days' written notice to the affected
utility company or companies, when, at the determination of
the City Engineer, the purpose of the easement may be
accomplished by easements of lesser width, and provided
that, in such determination, the City Engineer shall prescribe
the width of such easement. Upon receipt of notice, the
affected utility may present its objections or
recommendations tothe City Engineer, which shall heaz and
rule upon the objections or recommendations. Dedication
of easements shall be for the purpose of installing utilities
and for other public purposes, as may be ordered or directed
by the City Engineer. Underground utilities shall be
required in accordance with Chapter 14.24, except where the
requirement is waived by the planning commission pursuant
to an approved use permit excepting or conditioning the
requirement.
G. The permittee shall, subject to existing water
rights, dedicate aright-of--way for storm drainage purposes
conforming substantially with the lines of any natural water
course or channel, stream or creek that traverses the
9 Street Improvements 14.04.130
development, or provide by dedication further and sufficient
easements or construction, or both, to dispose of such
surface and stormwater.
H. Without limitation to any other provision of this
chapter, the regulations herein contained aze expressly
declazed to be applicable to any lot which is abutted on
more than one side by a street, one or more of which is
unimproved. The permittee shall have a separate obligation
for each of said streets, to the extent that one or more shall
be unimproved, and shall be required to install
improvements and make provision for each of said streets in
accordance with the provisions of this chapter.
I. The permittee may be required to quitclaim all of
his rights and interests in, and grant to the City authorization
to extract water from, the underground strata lying beneath
said tract or lot.
J. Where any dedication of land is made, and where
deemed necessary by the City Engineer, the applicant shall
furnish the City at applicant's expense, with a preliminary
title report and a standard policy oftitle insurance issued by
a title insurance company authorized to transact a title
insurance business in the state of California, in an amount to
be determined by the City Engineer, but not to exceed the
value ofthe land being dedicated. (Ord. 1094, (part), 1981)
14.04.140 Required Improvement and Dedication
as Determined by Class of Street.
In addition to the requirements otherwise imposed by
this chapter, and not in limitation thereof, dedications and
improvements shall be governed by the residential,
commercial or hillside character ofthe unimproved street as
scheduled in City Code Sections 18.16.010 through
18.16.090 and 18.16.280 (C). (Ord. 1094, (part), 1981)
14.04.150 Credits-Prior Improvements.
A. Whenever a pazcel of land is brought within the
jurisdiction of this chapter, and a permittee or his
predecessor in title has made, or paid for, any of the
improvements required by this chapter, by special
assessment or otherwise, prior to the effective date of the
ordinance codified in this chapter, the extent of such
improvements shall be credited against the obligation
created. In estimating the value of such past improvements,
the City Engineer's estimate of current construction costs
shall apply. The credit allowed for past improvements,
however, shall not exceed the cost of the improvements
required by this chapter. If a permittee or his predecessor in
title has made any dedication prior to the effective date of
the ordinance codified in this chapter, the extent of such
dedication shall be credited in kind against the obligation
created. The credit allowed for past dedication, however,
shall not exceed the amount of dedication required by this
chapter.
B. Whenever a pazcel of land is brought within the
jurisdiction of this chapter, and a pennittee makes any
dedication of land required by this chapter or makes or pays
for any improvements required by this chapter, and said land
is thereafter included in a City assessment district
proceeding for the acquisition of land and the construction
of some or all ofthe improvements ofthe kind required by
this chapter, the permittee or his successor in title shall be
entitled to a credit against such sums as the permittee shall
be required to pay in the City assessment district
proceedings as follows:
1. For any land dedicated pursuant to the provisions
of this chapter, a permittee or his successor in title shall be
entitled to a credit equal to the value ofthe land as appraised
by City as ofthe time ofthe assessment proceedings (i.e., as
of the time of the appraisal of other land included in the
assessment proceedings);
2. For any improvements, except interim
improvements as defined in Section 14.04.090, actually
made pursuant to the provisions ofthe chapter, a permittee
or his successor in title shall be entitled to a credit equal to
the value of the improvements as appraised by the City as of
the time ofthe assessment proceedings (i.e., as of the time
of the appraisal of land included in the assessment
proceedings);
3. For any improvements actually paid for pursuant
to the provisions of this chapter, a permittee or his successor
in title shall be entitled to a credit equal to the amount paid
to the City, without interest;
4. Credit shall be allowed only for dedications
actually made, or improvements actually made or actually
paid for, no credit shall be allowed for dedications or
improvements which a permittee has agreed to make or pay
for, but has not made as of the date of the resolution or
ordinance of intent to establish said district;
5. In the event a permittee has agreed to make or
pay for dedication or improvements under the provisions of
this chapter, but has not made or paid for said dedication or
improvements as of the date ofthe resolution or ordinance
of intent to establish said district, the permittee's contractual
obligation to make or pay for said dedication or
improvements shall be terminated, but only to the extent
that said dedication or improvements shall be required,
made and completed pursuant to said assessment district
proceedings;
6. In no event shall the credit allowed exceed the
amount which a permittee or his successor in title shall be
obligated to pay under the assessment proceedings;
7. Appraisals for the purpose of determining credit
shall be made by the City, and the amount thereof shall be
at the sole discretion ofthe City and shall be binding upon
a permittee or his successor in title;
14.04.150 Cupertino -Streets, Sidewalks and Landscaping
8. The provisions of this section shall apply only to
assessment proceedings under the jurisdiction, supervision
and control ofthe City. (Ord. 1094, (part), 1981)
14.04.160 Preceding Permit-Conditions.
A. As a condition precedent to obtaining a building
permit, use pernut, or site and azchitectural approval from
the City under and pursuant to the provisions of its
ordinances, a permittee shall, in addition to meeting the
other requirements of this chapter:
1. Pay to the City a sum computed in accordance
with the procedure set forth in Section 14.04.100 for such
improvements as the City or other property owner shall have
theretofore installed (e.g., curbs and gutters, driveways,
sidewalks, street paving and overlay, street lights, storm
sewers, sanitary sewers, street trees, street signs, water lines,
fire hydrants, retaining walls, undergrounding of utilities
and clearing and grading); and,
2. Pay to the City such sum as the City or other
property owner shall have paid to acquire the land upon
which the improvements were installed.
B. Any permittee desiring a reimbursement for the
cost of installing improvements mandated pursuant to this
chapter, or for the cost of the land upon which such
improvements were installed, shall enter into a
reimbursement agreement with the City as provided in
Section 14.04.175.
C. Payments hereunder shall be made prior to, or at,
the time said permit issues.
D. If the improvements installed by the City prior to
the issuance of the permit are less than the improvements
required by, or authorized to be required by, this chapter, the
pennittee shall make, or agree to make, such other
improvements, all as required by this chapter. A permittee
who obtains his permit after improvements have been made,
in whole or in part, by the City or by another property
owner, shall be required to provide (in money, or
improvements, or both) the equivalent of what he would
have been required to provide had his permit predated the
improvements. (Ord. 1652, § 3, 1994; Ord. 1094, (part),
1981)
14.04.170 Installation Agreement-Bond-0ther
Security.
A. Whenever an installation agreement is executed
pursuant to the provisions ofthis chapter, the permittee shall
file with the City at the time of making said agreement a
faithful performance bond to assure his full and faithful
performance of the agreement. The penal sum of the
faithful performance bond shall be the full cost of any
payment to be made under the agreement; the value of any
land agreed to be dedicated, and any improvements to be
made under the agreement. In the event that improvements
are to be made under said agreement, the permittee shall, in
to
addition to the faithful performance, file with the City at the
time of making the agreement, a labor and materials bond in
a penal sum adequate to assure full payment of all labor and
materials required to construct said improvements. The
amount of the bonds shall be as designated by the City
Engineer. The bonds shall be executed by a surety company
authorized to transact a surety business in the State of
California and must be approved by the City Attorney as to
form and by the City Engineer as to sufficiency. In the
event that the permittee fails faithfully to perform the
covenants and conditions ofthe agreement, or to make any
payment, or any dedication of land, or any improvements
therein required, the City shall call on the surety to perform
the agreement or otherwise indemnify the City for the
permittee's failure to do so.
B. In lieu of a surety bond, the permittee may elect
to secure any said agreement by depositing with the City:
1. Cash; or,
2. A cashier's check, or a certified check, payable to
the order ofthe City; or,
3. A certificate of deposit or irrevocable letters of
credit as approved by the City Attorney.
C. The amount of said cash, checks, certificate of
deposit, or irrevocable letters of credit, shall be as
designated by the City Engineer, and shall be the equivalent
to that which would have been required had the permittee
furnished the City with a surety bond. In the event that the
permittee fails faithfully to perform the covenants and
conditions of said agreements, or to make any payment, or
any dedication of land, or any improvements therein
required, the City may apply the proceeds of said security
thereto.
D. No release of surety bond, cash deposit, check,
certificate ofdeposit, or irrevocable letters ofcredit, shall be
made except upon approval ofthe City Council.
E. No interest shall be paid on any security
deposited with the City.
F. The security for any agreement executed pursuant
to the provision ofthis chapter may, nevertheless, be waived
pursuant to the requirements of, and the procedures set forth
in Section 14.04.230. (Ord. 1094, (part), 1981)
14.04.175 Reimbursement Agreement.
A. As a condition precedent to obtaining a building
permit, use permit, or site and azchitectwal approval, the
pernittee shall enter into a reimbursement agreement with
the City in order to receive reimbursement for the portion of
street improvement costs, including interest where
applicable, in excess ofthe installation costs incurred for the
permittee's property, or for the cost ofthe land, upon which
such improvements were installed, including interest where
applicable. Any reimbursement to the permittee shall be
paid out ofthe revenues received by the City from the land
reimbursement or street improvement reimbursement
11 Street Improvements 14.04.175
charges and interest, if any, assessed in the manner provided
in Section 14.04.110.
B. Where the permittee at its own cost acquires land
for the installation of the required street improvements,
reimbursement to the permittee by the City for that portion
of the cost of land and the cost of those street improvements
in excess of the improvements required for the pennittee's
property shall include interest in an amount equal to the
interest received by the City from the owners of benefitted
properties as provided in Section 14.04.010.
C. If the permittee cannot pwchase or otherwise
acquire land necessary or the installation of the street
improvements, prior to issuance of a building permit, use
permit or site and architectural approval, the City shall
acquire the necessary land either by negotiation or pwsuant
to its eminent domain powers.
D. Where the City acquires land necessary for the
installation of the street improvements in the manner
provided in subsection C ofthis section, the reimbwsement
agreement shall provide that the permittee shall reimbwse
the City for all costs, including litigation costs, incurred by
the City in the acquisition of such land.
The reimbwsement agreement shall also provide that
prior to commencement of any proceedings to acquire the
necessary land pwsuant to the City's eminent domain
powers, the permittee shall deposit with the City an amount
to be determined by the Director of Public Works, which
amount shall be based on a reasonable estimate of the costs
of acquisition of said land. Ifthe deposit exceeds the actual
cost of acquisition, the City shall refund the excess amount
to the permittee. If the deposit is less than the actual cost of
acquisition, upon written demand by the City, the permittee
shall pay the additional sum to the City.
E. Where the City is able to acquire the land
necessary for the installation of the street improvements at
no cost pwsuant to negotiations with the owner or owners of
benefitted properties for which a street facility
reimbwsement charge is assessed pwsuant to Section
14.04.110(B) of this chapter, and the interest assessed on
those charges is waived as provided in Section 14.04.110(C)
of this chapter, the permittee shall not be entitled to interest
on the reimbwsement charges assessed those benefitted
properties.
F. The reimbwsement agreement shall be signed by
the Mayor, approved as to form by the City Attorney and
shall set forth the following information:
1. The name, capacity and address ofthe permittee;
2. A description of the street improvement costs
subject to reimbwsement as delineated in Section
14.04.040;
3. An itemized statement, prepared by and attested
to by a licensed engineer, of the reimbwsable costs to be
incurred by the permittee in installing the street
improvements;
4. A legal description and assessor's pazcel number
for each benefitted property, excepting the permittee's
property;
5. An engineered plat depicting the street
improvements and each benefitted property;
6. The total street improvement costs subject to
reimbwsement for each particular benefitted property;
7. The City's obligation to reimburse the permittee
an amount from the street improvement chazges assessed
upon benefitted properties and received by the City, if any,
at the time and in the manner provided by Section
14.04.110;
8. Methods of acquisition of land necessary for the
installation of the street improvements, imposition of costs
and recovery of interest; and
9. Such additional information and documents as
may reasonably be required by the City's Director ofPublic
Works. (Ord. 1652, § 4, 1994)
14.04.176 Disposition of Street Improvement
Reimbursement Charge Revenues.
The revenues received by the City from street
improvement charges assessed pwsuant to this chapter shall
be used solely for reimbwsements to permittees in the
manner provided by this chapter and the reimbwsement
agreement.
Provided, however, that in the event the City is unable to
locate the permittee after five years ofdue diligent searching
commencing from the date the street improvement
reimbwsement charges are paid, or upon the discovery of
facts establishing that a due diligent seazch would be futile,
the revenues collected hereunder shall be paid to the
treaswer of the City for deposit in the general fund. (Ord.
1652, § 5, 1994)
14.04.180 Payment in Lieu of
Improvement-Schedule.
In all cases where payments in lieu of improvements
aze made under this chapter, or where the provisions of this
section are referred to and made applicable elsewhere in this
chapter, the amount thereof shall be determined by the City
Engineer to reflect the estimated cost ofmaking the required
improvements. To assist the City Engineer in estimating
such cost, the permittee may be required to retain the
services of an engineer, whose design estimates of quantity
and cost can then be checked by the City Engineer to
determine their accuracy, completeness, and conformance
to City standards. (Ord. 1094, (part), 1981)
14.04.190 Checking, Inspection and Other Fees.
A. The permittee shall be required to pay any and all
necessary direct expenses for inspection, checking and all
other costs incurred by the City in connection with said
application, and shall prior to the issuance of any permit,
14.04.190 Cupertino -Streets, Sidewalks and Landscaping
deposit with the City or applicable agency the amount of the
fees required by the City Engineer in connection therewith.
B. Such fees shall include, but not be limited to, the
following:
1. Checking and inspection;
2. Indirect expenses;
3. Recording;
4. Development maintenance deposits;
5. Storm drainage;
6. One year street lighting power cost;
7. Street trees;
8. Sanitary district;
9. Pacific Gas and Electric;
10. Excavation; and
11. Municipal water system connection charges.
C. For the purpose of outlining the scope of
improvements and delineating fees, an agreement shall be
entered into between the permittee and the City stipulating
the terms and conditions necessary for compliance with the
provisions of this chapter.
The amount of the fees shall be set forth in said
agreement, which shall be executed prior to issuance of
permits. (Ord. 1094, (part), 1981)
14.04.200 Standard Specifications.
A. Except as otherwise provided by this chapter,
improvements herein required shall be made in accordance
with design and construction details, standard specifications
ofthe City current at the time the improvements are made.
When a required improvement is not provided for by such
standazds and specifications, the nature and type of any such
improvement shall be as approved by the City Council.
B. If there is more than one unimproved street
adj scent to the land owned or occupied by the permittee,the
permittee may be required to pay, or provide, for
improvements on each of said unimproved streets.
C. In calculating the extent of, or cost of,
improvements required by this chapter, the starting point
shall be the abutting property line, and the calculation shall
proceed inwazd from the property line towazds the centerline
ofthe street. (Ord. 1516, 1990; Ord. 1094, (part), 1981)
14.04.210 Street and Highway Widths.
A. For the purposes of this chapter, the streets and
highways within the City shall be deemed to have the widths
set previously by the Planning Commission and City
Council along adjacent improved sections of the
unimproved street, except that, where no cross sections have
been established, the class of roadway shall be established
by the Planning Commission and City Council in
accordance with the general requirements of design outlined
in Title 18 of this Code.
12
B. Except as otherwise provided in subsection A
above, any street or highway, or portion thereof, shown
upon a subdivision map recorded on or after October 10,
1955, pursuant to the provisions ofthe ordinance of the City
shall be deemed to have such width as is shown upon said
subdivision map within the limits shown upon said map.
(Ord. 1094, (part), 1981)
14.04.220 Legal Description Required.
A true and accurate legal description of the property to
be developed, and to be dedicated, along with any sketch,
plot plan or vicinity plan required for an accurate
description thereof, shall accompany the application for
approval to develop. (Ord. 1094, (part), 1981)
14.04.230 Exceptions.
A. Upon application for an exception, the Planning
Commission may heaz and recommend that the City Council
authorize conditional exception to any ofthe requirements
and regulations set forth in this chapter, provided, that the
following facts are found:
1. That there are special circumstances and
conditions affecting subject property;
2. That the exception is necessary for the
preservation and enjoyment of a substantial property right of
the developer, and,
3. That the granting of the exception will not be
detrimental to the public welfaze, or injurious to other
property in the territory in which said property is situated.
B. Planning Commission Recommendations:
1. In recommending such exceptions, the Planning
Commission shall secure substantially the objectives ofthe
regulations to which exceptions aze requested, and shall act
to protect the public health, safety, convenience and general
welfare;
2. In recommending the authorization of any
exception under the provisions of this section, the Planning
Commission shall report to the City Council its findings
with respect thereto, and all facts in connection therewith,
and shall specifically and fully set forth the exceptions
recommended and the conditions designated.
C. Upon receipt of such report, the City Council may
approve the development plans with or without the
exceptions and conditions recommended by the Planning
Commission, and with such other exceptions, if any, as the
City Council deems necessary substantially to secure the
purposes and objectives of this chapter.
D. Except where the contemplated improvements
and use of the property in question will result in an
immediate danger to public safety, as determined by the
City Engineer, where the cost ofthe contemplated additions,
alterations or repairs to any existing building or structure
will not, during any period of twelve months, exceed
twenty-five percent ofthe value of existing improvements
as
13 Street Improvements 14.04.230
determined by the building official based on current per foot
value of the proposed structure to the existing structure
value on a pazcel of property, then any permit required in
connection therewith shall be exempt from application of
the provisions of this chapter. For the purpose of this
section, the value of existing improvements shall be deemed
to be the estimated cost to rebuild the improvements in kind,
which value shall be determined by the building official.
(Ord. 1094, (part), 1981)
14.04.260 Violation-Nuisance.
Any building or structure erected, constructed, altered,
enlazged, converted, moved or maintained, or any use of
land contrazy to the provisions of this chapter is declazed to
be unlawful and a public nuisance. The City Attorney shall,
upon order of the City Council, commence action or
proceeding for the abatement and removal or enjoinment
thereof in the manner provided by law. (Ord. 1094,
(part),1981)
14.04.240 Appeals.
A. Any person aggrieved by any decision of any
officer, department or commission of the City under the
provisions of this chapter may appeal said decision to the
City Council by filing written notice ofthe appeal with the
City Clerk within thirty days after the date ofthe decision,
except that, when an application for exception by filing for
a use permit is made, no appeal will be accepted or
necessary, since the City Council will hear the matter in due
course.
B. Said notice of appeal must state:
1. The asserted error;
2. The grounds upon which said appeal is taken; and
3. The name and address of the party appealing.
Said notice of appeal must be signed by the party appealing,
or by his agent. Said notice of appeal shall not be effective
unless it is filed with the City Clerk within the time required
by subsection A of this section.
C. A public hearing shall be held by the City
Council within thirty days from the date ofthe filing ofthe
notice.
D. Notice ofthe time and place ofthe heazing shall
be given by mail, postage prepaid, and dispatched not less
than ten days prior to the heazing to the applicant at his
address as shown upon notice of appeal.
E. The City Council shall hear the appeal. At the
conclusion ofthe hearing, the Council may affirm, reverse,
or modify the action appealed: subject, however, to the
provisions ofthis chapter. The findings and decisions ofthe
City Council shall be entered upon the minutes ofthe City
Council, and the decision shall be final and shall take effect
as directed by the City Council. (Ord. 1094, (part), 1981)
14.04.250 Chapter Conformance Required.
All departments, officials and employees of the City
vested with the duty or authority to issue permits shall
conform to the provisions of this chapter, and shall not issue
any permit, certificate or license for use or building, or for
purposes in conflict with the provisions ofthis chapter. Any
such permit, certificate or license issued in conflict with the
provisions ofthis chapter shall be null and void. (Ord. 1094,
(part), 1981)
14.04.270 Violation-Utility Connection Denial.
The Building Official shall deny approval and
acceptance of, and shall refuse to allow final public utility
connection to, any building or structure erected, constructed,
added to, altered, or repaired, contrary to the provisions of
this chapter, unless and until the provisions of this chapter
aze met. (Ord. 1094, (part), 1981)
14.04.280 Violation-Penalty.
Any person violating any provision of this chapter
shall be deemed guilty of an infraction, and upon conviction
thereof shall be punished as prescribed in Chapter 1.12.
(Ord. 1094, (part), 1981)
14.04.290 Cumulative Remedies.
The remedies contained in this chapter shall be
cumulative, in addition to such other remedies as are
provided by law, and without limitation to the right to
institute such legal action as may be necessary to enforce
any agreement hereinabove provided, or to recover damages
for the breach thereof against the principal or the surety.
(Ord. 1094, (part), 1981)
14.05.010
CHAPTER 14.05: PARK MAINTENANCE FEE
Section
14.05.010 Definitions.
14.05.020 Application of chapter.
14.05.030 General purpose and intent.
14.05.040 Requirements-General.
14.05.050 Credit.
14.05.060 Standazds for amount of fee.
14.05.070 Determination of fee.
14.05.080 Exceptions.
14.05.090 Appeals.
14.05.100 Use of fees.
14.05.110 Fee review.
14.05.120 Chapter conformance required.
14.05.125 Pending building permit applications.
14.05.010 Definitions.
As used in this chapter:
A. "Single lot development" means the erection or
construction of any building or structwe within all zones,
permitting residential uses for which a building permit, use
permit or azchitectwal and site approval is required by the
City, but which development is not a subdivision as defined
by the Subdivision Map Act ofthe State of California.
B. "Erection" or "construction" as used in this
chapter is established where a new residential building or
structwe is built upon a parcel of land, within all zones
permitting residential uses. This definition does not apply
to any remodel of an existing residence or any replacement
of an existing residence where said existing residence was
demolished within one year prior to the application of
permit ofthe replacement residence.
C. "Pazk and recreation facilities" means any
neighborhood or community facilities as defined within the
Environmental Resowces Element of the City of Cupertino
General Plan and amendments thereto (hereinafter referred
to as the "Environmental Resowces Element ofthe General
Plan"). (Ord. 1853, § 1, 2000; Ord. 1479, § 2 (part), 1989)
14.05.020 Application of Chapter.
Nothing contained in this chapter shall be construed to
apply to the subdivision of land as defined by the
Subdivision Map Act of the State of California; nor shall
anything contained in this chapter be construed to apply to
the remodeling, addition to or repairing of any building or
structure subject to the provisions of this chapter; nor shall
anything contained in this chapter be construed to limit the
City's power to require fees or land dedication for pazk or
recreation purposes as a condition of approval of a tentative
map or parcel map pwsuant to the Subdivision Map Act of
the State of California or the City's Subdivision Ordinance.
(Ord. 1479, § 2 (part), 1989)
14.05.030 General Purpose and Intent.
A. The purpose of this fee is to finance the
establishment, rehabilitation and maintenance of
neighborhood and community Streets, Sidewalks and
Landscaping facilities in order to reduce the impacts of
declining open space within the City created by new single-
lot residential development within the City.
B. The Park and Recreation Facilities Acquisition
and Maintenance Fees collected pwsuant to this chapter
shall be used solely to finance the acquisition and
maintenance of Streets, Sidewalks and Landscaping
facilities as described or identified in the Environmental
Resowces Element ofthe General Plan.
C. The City Council further finds that new
development in the City's residential azeas will generate
additional demand for and use of Streets, Sidewalks and
Landscaping facilities within Cupertino.
D. There is a need in the City to establish additional
Streets, Sidewalks and Landscaping facilities, and to
rehabilitate and maintain existing Streets, Sidewalks and
Landscaping facilities, but the developers of single-lot
developments within the City have not contributed their fair
share towazds these Streets, Sidewalks and Landscaping
costs and said costs aze called for in or are consistent with
the City's Environmental Resowces Element ofthe General
Plan.
E. The facts and evidence presented establish that
there is a reasonable relationship between the need for the
described Streets, Sidewalks and Landscaping facilities and
the impacts of single-lot development described herein, for
which the corresponding fee is chazged, and there is also a
reasonable relationship between the fee's use and the type
of development for which the fee is chazged, as these
reasonable relationships or nexes aze described in more
detail in the Staff Report dated December 12, 1988 and
15
14.05.030 Cupertino -Streets, Sidewalks and Landscaping
presented to the City Council by the Director of Public
Works. The City Council further finds that unless measures
aze taken to provide for all citizens ofthe City to pay their
fair shaze ofthe creation, maintenance and rehabilitation of
Streets, Sidewalks and Landscaping facilities, the citizens of
the City will suffer from detrimental effects upon the public
convenience and welfare ofthe community. Therefore, the
provisions of this chapter are intended to define the
requirements, policies and procedures for the collection of
fees in connection with the establishment, maintenance and
rehabilitation of Streets, Sidewalks and Landscaping
facilities in order to:
1. Protect the vested interest of the public in the
promotion of establishing, maintaining and rehabilitating
both neighborhood and community Streets, Sidewalks and
Landscaping facilities;
2. Spread the costs of establishing, maintaining and
rehabilitating neighborhood Streets, Sidewalks and
Landscaping facilities upon the owners within the respective
neighborhood pazk service area as defined in the
Environmental Resources Element ofthe General Plan;
3. Promote the establishment, maintenance and
rehabilitation of neighborhood and community Streets,
Sidewalks and Landscaping facilities in the most
economically feasible manner to both the City and the
citizens ofthe City; and
4. Protect the public safety, living standards, and
common welfaze of the general public. (Ord. 1479, § 2
(part), 1989)
14.05.040 Requirements-General.
Any person who proposes to erect or construct any
building or structwe for which a building permit is required
by the City, or who seeks a use permit or architectural and
site approval from the City, must pay a fee, as determined
under the provisions of this chapter, for the establishment,
maintenance and rehabilitation of Streets, Sidewalks and
Landscaping facilities within the City. Said fee shall be a
condition precedent to the issuance of any required building
permit, use permit, or azchitectural approval. (Ord. 1479, §
2 (part), 1989)
14.05.050 Credit.
Any person, or his successor in interest, who has paid
fees of the type required by this chapter or by Article 6,
Title 18 ofthe Municipal Code prior to the effective date of
the ordinance codified in this chapter, shall receive credit
therefor as provided in this chapter. No person shall receive
a credit in excess ofthe amount ofthe fee required by this
chapter. (Ord. 1479, § 2 (part), 1989)
14.05.060 Standards for Amount of Fee.
A. General Standazd. The public interest,
convenience, health, welfaze and safety require that three
acres of property for each one thousand persons be devoted
16
for neighborhood and community park and recreational
purposes.
B. Formula. All persons subject to this chapter shall
pay a fee in an amount equal to that as provided in the
following formula:
Pazk Acreage x Average number of x value
Standazd persons per residential per acre
dwelling unit
Thus,
fee = 3 x .5 (value per acre)
1,000
for single-family development. (Ord. 1479, § 2 (part), 1989)
14.05.070 Determination of Fee.
When a fee is required to be paid under the provisions
of this chapter, the amount of the fee shall be determined by
the Director of Public Works, pursuant to Section 14.05.060.
The "value per acre" portion ofthe fee shall be based upon
the fair mazket value ofthe subject property determined by
reference to comparable land within the general subject
property. As used herein, the term "comparable" means
land of similaz size and development potential as the subject
property. The date ofthe valuation ofthe property shall be
the date that the owner ofthe subject property or his agent
submits an application for issuance of a building permit, use
permit or azchitectural and site approval, whichever event
occurs first.
If the owner objects to the fair market value
determination made by the Director of Public Works, he or
she may, at his or her own expense, obtain an appraisal of
the property by a qualified real estate appraiser approved by
the city, which appraisal of fair market value may be
accepted by the City Council, if found reasonable.
Alternatively, the City and the owner may agree as to the
fair mazket value without reference to a formal appraisal.
(Ord. 1731, (part), 1996; Ord. 1479, § 2 (part), 1989)
14.05.080 Exceptions.
A. Upon application for an exception, the
Department of Public Works may recommend that the City
Council authorize a conditional exception to any of the
requirements and regulations set forth in this chapter,
provided that the following facts aze found:
1. That there aze special circumstances and
conditions affecting the subject property; and
2. That the exception will not be detrimental to the
public welfaze. (Ord. 1479, § 2 (part), 1989)
17 Park Maintenance Fee 14.05.090
14.05.090 Appeals.
A. Any person aggrieved by a decision of any
officer, department or commission of the City under the
provisions of this chapter may appeal the decision to the
City Council by filing written notice of the appeal with the
City Clerk within thirty days after the date of the decision;
except that, when an application for exception by filing for
a use permit is made, no appeal will be accepted or
necessary, since the City Council will hear the matter in due
course.
B. Such notice of appeal must state:
1. The asserted error;
2. The grounds upon which the appeal is taken; and
3. The name and address of the party appealing.
Such notice of appeal must be signed by the party appealing,
or by his agent. The notice of appeal shall not be effective
unless it is filed with the City Clerk within the time required
by subsection A of this section.
C. A public heazing shall be held by the City
Council within thirty days from the date of the filing of the
notice.
D. Notice of the time and place of the heazing shall
be given by mail, postage prepaid, and dispatched not less
than ten days prior to the hearing to the applicant at his
address as shown upon the notice of appeal.
E. The City Council shall hear the appeal. At the
conclusion of the hearing, the Council may affirm, reverse
or modify the action appealed; subject, however, to the
provisions ofthis chapter. The findings and decisions ofthe
City Council shall be entered upon the minutes of the City
Council, and the decision shall be final and shall take effect
as directed by the City Council. (Ord. 1479, § 2 (part),
1989)
existing and needed Streets, Sidewalks and Landscaping
facilities, the continued need for the establishment and
maintenance of such facilities, and the reasonable
relationship between such need and the impacts upon the
vazious types of development pending or anticipated and for
which this fee is chazged. The Public Works Director shall
report his findings to the City Council at a noticed public
hearing. (Ord. 1479, § 2 (part), 1989)
14.05.120 Chapter Conformance Required.
All departments, officials and employees of the City
vested with the duty or authority to issue permits shall
conform to the provisions ofthis chapter, and shall not issue
any permit, certificate or license for use or building, or for
purposes in conflict with the provisions ofthis chapter. Any
such permit, certificate or license issued in conflict with the
provisions ofthis chapter shall be null and void. (Ord. 1479,
§ 2 (part), 1989)
14.05.125 Pending Building Permit Applications.
The provisions of this chapter shall not apply to
building permits issued upon applications which were filed
prior to January 17, 1989. (Ord. 1479, § 2 (part), 1989)
14.05.100 Use of Fees.
The money collected under this chapter shall be paid
to the Treasurer of the City or his authorized agent. Said
money shall be placed in a special revenue fund which is
hereby created and which shall be known as the Park and
Recreation Facilities Acquisition and Maintenance Fund.
Moneys within this fund shall be used and expended solely
for the acquisition, improvement, maintenance,
rehabilitation, expansion or implementation of Streets,
Sidewalks and Landscapingal facilities reasonably related to
serving residential neighborhoods by way ofthe purchase of
necessary land, or, if the City Council deems that there is
sufficient land available within a given neighborhood, then
secondly said moneys shall be used for improving,
maintaining and rehabilitating such land for park and
recreational purposes. (Ord. 1479, § 2 (part), 1989)
14.05.110 Fee Review.
On or about the beginning of each fiscal yeaz, the
Public Works Department shall review the estimated cost of
14.08.010
CHAPTER 14.08: OBSTRUCTION OF STREETS
Section
14.08.010 Definitions.
14.08.020 Overhead obstruction.
14.08.030 Encroachments-Permit-Required.
14.08.040 Encroachments-Application-
Deposit.
14.08.050 Encroachments-Permit-Issuance.
14.08.060 Specifications for underground
installations-Supervision.
14.08.070 Depositing of dirt, rocks, etc. on City
highways.
14.08.080 Operation of cleated vehicles on
highways-Prohibited.
14.08.090 Applicability.
14.08.100 Violation-Penalty.
For statutory provisions regazding the
authority of the city council to prohibit and
prevent encroachments upon or obstruction in
or to any sidewalks or streets, see Gov. Code
§ 38775.
14.08.010 Definitions.
A. The term "encroachment" is as provided in the
Streets and Highway's Code of the state of California.
B. The term "fence" means any obstruction of
whatever material or composition which is designed,
intended or used to protect, defend or obscure the interior
property of the owner thereof from the view, trespass or
passage of others upon that property.
C. The term "hedge" means any group of shrubs
planted in a line or in groups so that the branches of any
one plant aze intermingled or form contact with the
branches of any other plant in the line.
D. The term "roadway" is as provided in the
Vehicle Code of the state of California.
E. The term "safety zone" is as provided in the
Vehicle Code of the state of California.
F. The term "shrub" means a bush, not a hedge, or
a growing plant more than twelve inches but not more than
ten feet tall, standing singly and not of such chazacter as to
need annual replacement.
G. The term "sidewalk" is as provided in the
Vehicle Code of the state of California.
H. The term "standard specifications" means the
Standazd Specifications of the Division of Highways,
Department of Public Works, state of California, dated
January, 1973.
I. The term "street or highway" is as provided in
the Vehicle Code of the state of California.
J. The term "tree" means any growing plant
exceeding ten feet in height, whether planted singly or as
a hedge. (Ord. 600, § 2, 1973; Ord. 130, Art. 1 § 1, 1960)
14.08.020 Overhead Obstruction.
A. No owner or lessee of any premises abutting
upon any public street shall permit the existence of
obstructions defined by this chapter to be a nuisance.
B. The following shall be a nonexclusive list of
obstructions which under this chapter are deemed to
obstruct the view from vehicles traveling on public streets
and the passage of pedestrians on the sidewalks and of
vehicles on the rights-of--way abutting thereon and aze
declared to be a public nuisance and prohibited as
unlawful:
1. A tree with limbs overhanging the public street
or sidewalk, the lowest part of which is less than ten feet
above the street or sidewalk;
2. A hedge or shrub overhanging the street or
sidewalk;
3. Any hedge or shrub or limb of a tree which is so
situated as to obscure and impair the unobstructed view of
intersecting traffic by passing motorists or pedestrians or
obscure and impair the view of street, traffic, and other
control devices and signs placed upon the streets for the
safety of the public.
C. The City Manager, or his duly appointed
representative, upon determining that one or more of the
nuisances prohibited herein exist or that any other similar
obstruction to the passage of vehicles or pedestrians at
intersections exists on premises within the City, shall give
written notice to the owner, tenant or person having charge
or control of the premises to remove therefrom the
nuisance so designated therein, and it is unlawful for the
l9
14.08.020 Cupertino -Streets, Sidewalks and Landscaping
owner, tenant or person having charge or control of the
premises to neglect or fail to remove therefrom the
obstruction within five days after the service upon him of
the notice.
D. In addition to any of the remedies provided for
herein or by law for the violation hereof, the City Attorney
may maintain an action for injunction to restrain or
abatement to correct or compel the removal of such
violation or violations. (Ord. 130, Art. 1 § 2, 1960)
14.08.030 Encroachments-Permit-Required.
No person or agency, whether public or private shall
construct or maintain any encroachment along or across any
street, road or highway in the City or make any excavation
or cut therein for such purpose without first obtaining a
permit so to do in the manner herein provided. (Ord. 130,
Art. 1 § 3.1, 1960)
14.08.040 Encroachments-Application-Deposit.
Any person or agency, whether public or private,
desiring to construct, lay or maintain any encroachment
along or across any street, road or highway under
jwisdiction of the City shall make application in writing to
the City Council and shall deposit with such application the
sum of fifty dollazs or a sum of money sufficient in amount,
in the opinion of the City Manager, to cover the total cost of
the contemplated work, whichever amount is greater, or in
the discretion of the City Manager a good and sufficient
bond in lieu thereof; provided that the City Manager may in
his discretion waive the requirement for the deposit of the
sum or bond for public agencies or public utility
corporations which aze entitled to operate or maintain
facilities in public rights-of--way either by operation of law
or pwsuant to a franchise granted by the City. The deposit
or bond is required for the purpose of endwing the proper
restoration of the highway and shall be forfeited or called,
as the case may be, in the event that the work is not properly
done as herein provided. (Ord.130, Art. 1 § 3.2, 1960)
14.08.050 Encroachments-Permit-Issuance.
Permits for such work shall be issued by the City
Manager. (Ord. 130, Art. 1 § 3.3, 1960)
14.08.060 Specifications for Underground
Installations-Supervision.
The encroachment shall be laid or constructed and the
highway shall be restored in the manner required and
specified herein, which work shall be done in all cases under
the supervision and to the satisfaction of the City Manager:
A. Excavation:
1. Excavation of trenches adjacent to the existing
pavement shall be conducted on but one side of the
20
pavement at a time and no excavation shall be started on the
opposite side until the trench first excavated has been filled,
compacted and surfaced as per requirements below.
2. No more trenches shall be opened than can be
properly and completely backfilled in one day. No more
than seven hundred feet of trench shall be open at any time
on any project unless authorized by the City Manager or his
duly appointed representative.
3. One traffic lane shall be kept open and in safe
condition at all times. Adequate warning and regulatory
signs and other safety measwes shall be taken at all times to
protect the public who may or must be present in the azea
where work is being performed. Complete closwe of all
traffic lanes may be made at the discretion of and in
accordance with plans and detows approved by the City
Manager or his duly appointed representative. Twenty-fow
hows' advance notice must be filed with the City Manager
or his duly appointed representative, stating the road to be
closed, the limits and approximate dwation ofcloswe. Such
agencies must also be notified immediately upon reopening
of the road to emergency vehicles.
4. The City Manager shall be supplied at all times
with the names and telephone numbers of at least two
persons in charge of or responsible for the work subject to
permit who can be reached for emergency work twenty-fow
hows a day, seven days a week.
B. Backfill:
1. Backfill in all trenches shall be made by
mechanical tamping or jetting as specified by the City
Manager. Compaction shall be attained by any type of
mechanical tamper capable of meeting the compaction
requirements. Backfill shall be compacted in lifts of a
thickness designated by the City Manager and dependent
upon the type of soil and mechanical tamper used. A
relative compaction of ninety percent must be obtained on
all Backfill below two feet of finished grade. A relative
compaction of ninety-five percent shall be required in the
top two feet of trench within the roadway section.
2. Relative compaction shall be based on state of
California Test Method No. 216.
3. No jetting will be allowed within two feet of the
swface. Aggregate base material conforming to Section 26-
1.02A of the Standard Specifications, except as herein
modified under "Aggregate Base: shall be placed along the
entire trench section with a minimum thickness of twelve
inches"
4. The City reserves the right to make as many
compaction tests as it deems necessary in order to meet
compaction requirements. The costs of such tests shall be
borne by the person performing the excavation in, along and
across the highway. A prime coat of SC-1 liquid asphalt
shall be applied to the surface of the existing trench prior to
paving, the rate of application to be determined by the City
Manager.
21 Obstruction of Streets 14.08.060
5. On completion ofthe backfill and prior to placing
the pavement in the trench section, the pavement adj scent to
the work shall be thoroughly cleaned to the satisfaction of
the City Manager. A power broom shall be used if so
required by the City Manager.
C. Restoration ofpavement:
1. Where it is necessary to remove existing high
type classes ofpavement, such as Portland cement concrete,
asphaltic concrete, plant mix surfacing, or oil macadam, the
pavement shall be restored to its condition as to line, grade,
type and depth as existed prior to excavation. See minimum
requirements below. Asphalt-concrete surfacing
conforming to the requirements of Section 39-2.03 of the
Standazd Specifications may be substituted for existing
asphaltic concrete, plant mix surfacing or oil macadam
pavement. The type of asphalt-concrete surfacing is to be
determined by the City Manager.
2. When a satisfactory permanent repavement of an
excavation cannot be made, the City Manager shall require
a temporary pavement consisting of thirteen inches of
compacted untreated base material and two inches of cold
plant mix surfacing meeting the surface of existing
pavement and sealed with asphaltic emulsion seal coat. The
temporary type of pavement is to remain in place and be
maintained until compaction requirements can be met. The
temporary pavement shall then be removed to a minimum
depth of three inches below the existing surface, and the
pavement replaced with three inches of hot plant mix
surfacing, the surfacing to be feathered out over the existing
pavement to prevent surface water from entering the
excavated trench section. The extent of the feathered
section is to be determined by the City Manager. The
pavement surface is then to be sealed with asphaltic
emulsion seal coat.
3. Where the depth of the existing higher type
classes ofpavement exceeds three inches in thickness, and
where the existing imported base material exceeds twelve
inches in thickness, the depth shall be restored in kind, with
aggregate base and asphalt-concrete surfacing. Existing
Portland cement concrete pavement shall be restored in kind
in all cases where Portland cement concrete pavement now
exists.
4. Roads and highways consisting of existing single
and double seal coat or armor coat type of pavement will
require a temporary pavement restoration consisting of
twelve inches (compacted) of aggregate base material and
an application of single seal coat using one-half inch x No.
four crushed screenings. Depending on weather conditions,
two inches of cold plant mix surfacing may be substituted
for a temporary single seal pavement. After a period of
from sixty to ninety days, a permanent pavement of single
seal coat placed over the temporary single seal coat
pavement, conforming to the requirements
of Section 37 of the Standard Specifications shall be
supplied to the surface, the extent of such pavement
overlapping the existing trench to be determined by the City
Manager. Only crushed granite screenings or equivalent
shall be used in all temporazy and permanent pavement
restoration. A double seal coat may be applied immediately
iftrench compaction meets the requirements ofthis chapter.
5. When a single operation, consisting of crossing
the pavement (not confined to a continuous project pazallel
to and following the general alignment of the road), is
proposed on roads ofhigh classification, it will be necessary
to bore pipe or jack a casing enclosing the pipe underneath
the pavement. If it is proved to the satisfaction ofthe City
Manager that it is not feasible or practical to jack or bore
underneath the pavement, the pavement may be cut and
restored with twelve inches of compacted untreated base
material, six inches of Class "A"concrete keyed five inches
outside the edge ofthe trench on each side and followed by
three inches of asphalt-concrete surface and sealed with
asphaltic emulsion seal coat. Excavations may be backfilled
with sand and pavement replaced in kind when specifically
authorized by the City Manager.
D. Untreated base:
1. Untreated base material shall conform to the
provisions of Section 26 ofthe Standard Specifications.
2. Untreated base shall be placed in all trench
excavations accessible to vehicular traffic.
E. Miscellaneous:
1. City may, as a condition to granting an
encroachment permit, require afield inspection with
representatives ofboth the applicant and the City Manager.
A description ofthe condition of the existing pavement and
shoulders will be filed with the City Manager and the
applicant. Pavement shoulders disturbed by the applicant's
operations will be restored at the applicant's expense to the
satisfaction ofthe City Manager. Small utility extensions
and lateral connections to existing sanitary sewers may be
exempted from the requirements of such prior field
inspection. In such event, encroachment permits may be
issued upon receipt of request therefor together with a
sketch showing location or a written description of the
proposed work.
2. Property owners shall be protected from any
damage to property and dust nuisance. A water wagon shall
be available on demand ofthe City Manager.
3. Written permission ofthe City Manager shall be
required for excavations made between November 1st and
Mazch 1st.
4. Any noncompliance with these specifications
shall be remedied within five days after written notice to do
so by the City Manager. Upon failure to conform with the
request of the City Manager within the five day
14.08.060 Cupertino -Streets, Sidewalks and Landscaping
period, the City shall be entitled to proceed to correct the
deficiency, and the costs thereof shall be the obligation of
the applicant.
5. Inspection costs incurred by the City in the
progress ofthe applicant's operations shall be reimbursed to
the City by the applicant. The City shall be the sole judge
as to the need of such inspection.
6. The City Manager shall be notified forty-eight
hours prior to the actual beginning of any excavation in,
along or across any road or highway in the City.
7. No work shall be deemed completed until final
approval thereof is made in writing by the City Manager.
8. Applicant may be required to indemnify and save
harmless the City, its officers and employees from any suits,
claims or sections brought by any person or persons for or
on account of any injuries or damages sustained or arising
out of the excavations covered by this section.
9. Applicant shall maintain the condition of his
excavation and pavement restoration to the satisfaction of
the City Manager. (Ord. 130, Art. 1 § 3.4, 1960)
14.08.070 Depositing of Dirt, Rocks, Etc. on City
Highways.
A. No person shall place, deposit, or dump, or cause
to be placed, deposited, or dumped, any dirt, rocks, gravel,
mud, or any other objects of any nature or description on the
traveled portions of any City highway.
B. The City Manager may remove any such dirt,
rocks, gravel, mud, or any other objects of any nature or
description from the traveled portions of any City highway,
and the person, or the principal or employer of the person,
causing such dirt, rocks, gravel, mud or any other objects to
be placed, deposited, or dumped on such City highway shall
be liable to the City for any expense in connection with the
removal thereof.
C. The provisions of the foregoing subsections aze
not intended to conflict with but shall supplement all the
laws of the state of California relative to the obstruction of
public highways. (Ord. 130, Art. 1 § 4, 1960)
14.08.080 Operation of Cleated Vehicles on
Highways-prohibited.
No person shall drive, operate, tow, or otherwise
transport any cleated vehicle on, upon, or across any City
highway in a manner which permits or causes the cleats of
such vehicles to come into contact with the paved portion of
the highway. (Ord. 130, Art. 1 § 5, 1960)
14.08.090 Applicability.
The provisions of this chapter shall not apply nor shall
an application for excavation or encroachment permit be
required for:
22
A. The installation of a pole or poles by duly
franchised public utility corporations except where a pole is
removed from or placed in existing concrete or
macadamized work on public right-of--way;
B. Emergency work that must be commenced or
done before it is possible to obtain the necessary permit as
required by this chapter; provided, however, that the
application and permit is made and obtained not later than
the following working day after commencement of the
emergency work. (Ord. 130, Art. 1 § 6, 1960)
14.08.100 Violation-Penalty.
Any person who violates the provisions of this chapter
shall be guilty of an infraction and upon conviction thereof
shall be punished as provided in Chapter 1.12. (Ord. 1179,
§ 2 (part), 1982; Ord. 130, Art. 2 § 1, 1960)
14.12.010
CHAPTER 14.12: TREES*
Section
14.12.010 Purpose.
14.12.020 Definitions.
14.12.030 Enforcement.
14.12.035 Compliance required.
14.12.040 Master tree list.
14.12.050 Planting specifications.
14.12.055 Tree maintenance.
14.12.060 Tree caze-Permit required.
14.12.070 Public utilities-Tree trimming permit.
14.12.080 Tree trimming business-License required.
14.12.085 Removal notice.
14.12.090 Replacement tree-Deposit.
14.12.095 Tree destruction unlawful.
14.12.100 Nuisance-Liability.
14.12.110 Condition for building permit.
14.12.120 Fee.
14.12.130 Appeal-Hearing.
14.12.140 Penalty.
14.12.020 Definitions.
A. "Person" as used in this chapter includes an
individual, a firm, an association, a corporation, a
copartnership, and the lessees, trustees, receivers, agents,
servants and employees of any such person.
B. "City" means the City of Cupertino situated in the
County of Santa Claza, California.
C. "Public streets" or "streets" includes all roads,
streets, avenues, boulevazds, alleys, pazkways and public
rights-of--way, or any portion thereof, of the City.
D. "Owner" includes the legal owner ofreal property
fronting on any street of the City, and any lessee of such
owner. (Ord. 125, § 2, 1968)
14.12.030 Enforcement.
The City Manager, or his duly authorized
representative, shall be chazged with the enforcement ofthis
chapter. (Ord. 125, § 4, 1968)
For statutory provisions regazding the authority
and duties of local officials with respect to the
planting, care and removal of trees, see Streets
and Highways Code § 22000 et seq.
14.12.010 Purpose.
It is for the best interests ofthe City and of the citizens
and public thereof that a comprehensive plan for the
purchase, planting and maintenance oftrees in or which may
overhang public streets within the City should be developed
and established; and that this chapter is adopted, therefore,
for the purpose of developing and providing for such a plan
and program, and for establishing rules and regulations
relating to the planting, caze and maintenance of such trees;
for the purpose of providing for the continued maintenance
of the trees until such maintenance is relinquished to the
person having control of the abutting property; and to
provide for the funds to implement this purpose by
establishing a requirement for the payment of a fee as a
condition to the issuance of a building permit, when
applicable. (Ord. 1731, (part), 1996; Ord. 125, § 1, 1968)
14.12.035 Compliance Required.
No trees or shrubs shall be planted in any public azea,
as defined in this chapter, without first securing permission
from the City Manager and thereafter complying with all
provisions of Sections 14.12.010 through 14.12.130
applicable thereto and the rules and regulations of the City
Manager. (Ord. 1731, (part), 1996)
14.12.040 Master Tree List.
The City Manager, or his duly authorized
representative, is chazged with the duty of promptly
determining the types and species of trees suitable and
desirable for planting and the azeas in which the conditions
under which such trees shall be planted in or which may
overhang the public street within the City. Such
determination shall be made by consulting with those
familiaz with the subject of such plantings, such as
landscape azchitects, azborists, nurserymen and park
executives. When such determination has been made the
list shall be reported to the City Council. When approved
by the City Council the report shall be known as the master
tree list, shall be placed on file in the office of the City
Clerk, and shall thereafter be the official determination for
the planting of trees. Revisions or changes in the master
tree list may be made from time to time by the City
23
14.12.040 Cupertino -Streets, Sidewalks and Landscaping
Manager, in the manner described hereinabove for the
development, approval and filing of the original master tree
list. All trees hereafter planted in or which may overhang
the public streets ofthe City must be on the master tree list
unless a written permit from the City Manager has first been
obtained to plant a tree not on the list. Such permit may be
granted by the City Manager after he has determined by
investigation that the tree complies with the tree
requirements ofthe master tree list. (Ord. 125, § 5, 1968)
14.12.050 Planting Specif cations.
The City Manager, or his duly authorized
representative, shall have jurisdiction and control of the
planting, setting out, location and placement of all trees in
the public ways of the City, and shall see that specie is
uniformly planted in a given block and shall likewise have
supervision, direction and control of the care, trimming,
removal, relocation and replacement thereof. Planting shall
conform to the following specifications: Hole shall be two
times container size and shall be backfilled with a mix of:
one part peat moss
one part steer manure
six parts soil
Tree shall be staked with a redwood stake two inches by two
inches by eight feet and shall have a minimum of two
supporting ties. Tree shall be pruned to develop limb
heights that will not interfere with street traffic or pedestrian
rights-of--way. (Ord. 125, § 6, 1968)
14.12.055 Tree Maintenance.
The City and its residents shaze in the care and
maintenance of street trees.
A. Property owners aze responsible for watering
trees in the right-of--way in front of their homes.
B. Property owners are responsible for notifying the
City of hazardous or damaged trees in the right-of--way in
front of their homes. (Ord. 1731, (part), 1996)
14.12.060 Tree Care-Permit Required.
It is unlawful and it is prohibited for any person other
than the City Manager or his duly authorized agent or
deputy to cut, trim, prune, spray, brace, plant, move,
remove, or replace any tree in any public street within the
City, or to cause the same to be done, unless and until a
written permit so to do shall have first been obtained from
the City Manager. Any such permit may be declazed void
by the City Manager if its terms aze violated. (Ord. 125, § 9,
1968)
14.12.070 Public Utilities-Tree Trimming Permit.
Any person doing business as a public utility subject to
the jurisdiction of the Public Utilities Commission of the
state of California and any duly constituted public agency
authorized to provide and providing utility service, shall be
24
given a permit from the City Manager, valid for one year
from the date of issuance, permitting such person to trim,
brace, remove or perform such other acts with respect to
trees growing adjacent to the public street of the City or
which grow upon private property to the extent that they
encroach upon such public streets as may be necessary to
comply with the safety regulations of said Commission and
as may be necessary to maintain the safe operation of its
business. Permittee shall be required to have persons who
aze qualified to perform the work of tree trimming and
maintenance. Indiscriminate trimming or tree butchering
will not be permitted. (Ord. 125, § 10, 1968)
14.12.080 Tree Trimming Business-License
Required.
No person other than an owner or public utility may do
any act for which a permit is required except a person whose
principal business is tree surgery, trimming or maintenance
and who, in the opinion ofthe City Manager, is qualified for
such business, and who has obtained a business license to
carry on such business in the City from the City Clerk.
(Ord. 125, § 11, 1968)
14.12.085 Removal Notice.
No person shall remove any tree or shrub from a public
azea without first obtaining a permit in writing from the City
Manager; provided, however, that a property owner shall
remove a tree or shrub from the planting area fronting his
property when directed to do so by the City Manager by
notice in writing, signed by the City Manager, whenever
such tree or shrub is dead or dying or when, in the opinion
ofthe City Manager, the continued existence of such tree or
shrub creates a dangerous or defective condition upon public
property. (Ord. 1731, (part), 1996)
14.12.090 Replacement Tree-Deposit.
The City Manager may as a condition of granting a
permit for removal of a tree or shrub require the permittee
to replant or replace a tree or shrub in the planting area; that
upon making such application, the permittee shall deposit
with the City Manager the sum of twenty-five dollazs to
secure replacement by an approved tree.
Should replacement not be made in one month, the
deposit shall be forfeited and the City shall use the deposit
to make a proper replacement without further notice to the
permittee. (Ord. 1731, (part), 1996)
14.12.095 Tree Destruction Unlawful.
It is unlawful for any person to break, injure, deface,
mutilate, kill, or destroy any tree or set fire or permit any
fire to burn where such fire or the heat thereof will injure
any portion of any tree in any public street in the City, nor
shall any person place, apply, attach, or keep attached to any
such tree or to the guazd or stake intended for the
25 Ti•ees 14.12.095
protection thereof any wire, rope (other than one used to
support a young or broken tree), sign, paint, or any other
substance, structure, thing or device of any kind or nature
whatsoever. (Ord. 125, § 12, 1968)
14.12.100 Nuisance-Liability.
A. An authorized employee may inspect any tree
adjacent to or overhanging any public street in the City to
determine whether the same or any portion thereof is in such
a condition as to constitute a hazazd or impediment to the
progress or vision of anyone traveling on such public street.
Any tree or part thereof growing upon private property but
overhanging or interfering with the use of any street that in
the opinion ofthe authorized employee endangers the life,
health, safety, or property ofthe public shall be declazed a
public nuisance. If the owner of such private property does
not correct or remove such nuisance within ten days after
receipt of written notice thereof from the City Manager, the
City Manager shall cause the nuisance to be corrected or
removed and the cost shall be assessed to such owner.
B. Nothing contained herein shall be deemed to
impose any liability upon the City, its officers, or
employees, nor to relieve the owner of any private property
from the duty to keep any tree upon his property or under his
control in such a condition as to prevent it from constituting
a public nuisance as hereinabove defined. (Ord. 125, § 13,
1968)
14.12.140 Penalty.
Any person violating Sections 14.12.085 or 14.12.095
or otherwise removing, or wilfully damaging or destroying
any tree or shrub in any public right-of--way without
obtaining the permits provided for in this chapter shall be
guilty of a misdemeanor and upon conviction thereof shall
be punished as provided in Chapter 1.12.
Any person who violates any other provision of this
chapter shall be guilty of an infraction and, upon conviction
thereof, shall be punished as provided in Chapter 1.12.
(Ord. 1886, (part), 2001; Ord. 1731, (part), 1996; Ord. 125,
§ 15, 1968)
14.12.110 Condition for Building Permit.
Every person who constructs, remodels or alters any
dwelling, commercial or industrial property, or who
constructs on any unimproved land or property abutting a
public street where approved trees from the master tree list
do not exist shall pay the required fee for the purchase,
planting and maintenance of the trees by the City, until
responsibility for such maintenance is relinquished to that
person having control ofthe property, prior to the issuance
of a building permit. (Ord. 1731, (part), 1996)
14.12.120 Fee.
The required fee for the City to purchase, plant and
maintain street trees shall be fifteen dollazs per tree which
shall be collected by the Chief Building Inspector for
deposit into the City's general fund prior to the issuance of
a building permit. (Ord. 1731, (part), 1996)
14.12.130 Appeal-Hearing.
Any person aggrieved by an act or determination ofthe
City Manager in the exercise ofthe authority herein granted
shall have the right of appeal to the City Council, whose
decision, after public hearing of said matter, shall be final
and conclusive. (Ord. 125, § 14, 1968)
14.15.010
CHAPTER 14.15: XE1tISCAPE LANDSCAPING
Section
14.15.010 Purpose.
14.15.020 Definitions.
14.15.030 Applicability.
14.15.040 Exception-Exemption.
14.15.050 Provision for new and rehabilitated
landscapes.
14.15.060 Appeal.
14.15.070 Violation-Penalty.
14.15.010 Purpose.
The City Council adopted Resolutions 1587 and 8387
to establish water rate increases and restrictions for the
conservation of water with a specific goal of reducing water
consumption. In an effort to conserve landscape irrigation
water, these landscape and irrigation design perimeters are
prepazed. In addition, these guidelines will provide more
specific direction for project developers and consultants
preparing landscaping plans as well as city staff and
commission/council members who will review these plans.
The guidelines aze intended to be long-term policy,
irrespective of prevailing climatic conditions. By following
these criteria, the City will be better prepazed for periods of
low precipitation and water shortage that may occw in the
futwe. This chapter is adopted based on the following
findings:
A. The State Legislatwe has found:
1. That the limited supply of state waters is subject
to ever increasing demands;
2. That California's economic prosperity depends on
adequate supplies of water;
3. The State policy promotes conservation and
efficient use of water;
4. The landscapes provide recreation azeas, cleaner
air and water, prevent erosion, offer fire protection and
replace ecosystems displaced by developments;
5. That the landscape design installation and
maintenance can and should be water efficient.
B. Consistent with the legislative findings the
purpose of this chapter is to:
1. Promote the values and benefits of landscapes
while recognizing the need to invest water and other
resowces as efficiently as possible;
2. Establish a structwe for designing, installing, and
maintaining water-efficient landscapes in new projects;
3. Establish provisions for water management
practices and water waste prevention for established
landscapes. (Ord. 1615, (part), 1993)
14.15.020 Definitions.
For the purposes of this chapter:
"Anti-drain valve" or "check valve" means a valve
located under a sprinkler head to hold water in the system so
it minimizes drainage from the lower elevation sprinkler
heads.
"Application rate" means the depth of water applied to
a given area, usually measwed in inches per how.
"Applied water" means the portion of water supplied
by the irrigation system and the landscape.
"Automatic controller" means mechanical or solid
state timer capable of operating valve stations to set the days
and length of time of a water application.
"Backflow prevention device" means a safety device
used to prevent pollution or contamination of the water
supplied due to the reverse flow of water from the irrigation
system.
"Cemetery" means a burial ground for burying the
dead.
"Ecological restoration project" means a project
intentionally altered to establish a defined indigenous,
historic ecosystem.
"Effective precipitation" or "usable rainfall" means the
portion of total precipitation that is used by the plants.
Precipitation is not a reliable sowce of water, but can
contribute to some degree towazd the water needs of the
landscape. For the pwpose of this document, "effective
precipitation" is twenty-five percent of local annual mean
precipitation.
"Emitter" means drip irrigation fittings that deliver
water slowly from the system to the soil.
"Established landscape" means the point at which
plants in the landscape have developed roots into the soil
adjacent to the root bulb.
"Establishment" means the first yeaz after installing
the plant in the landscape.
27
14.15.020 Cupertino -Streets, Sidewalks and Landscaping
"Estimated applied water use" means the portion ofthe
estimated total water use that is derived from applied water.
The estimated applied water use shall not exceed the
maximum applied water allowance.
"Estimated total water use" means the annual total
amount of water estimated to be needed to keep the plants
in the landscaped azea healthy. It is based upon such factors
as the local evapotranspiration rate, the size of the
landscaped area, the types ofplants and the efficiency ofthe
irrigation system.
"ET adjustment factor" means a factor of 0.8, that,
when applied to referenced evapotranspiration, adjusts for
plant factors and irrigation efficiency, two major influences
upon the amount of water that needs to be applied to the
landscape. A combined plant mix with the site-wide
average of 0.5 is the basis of the plant factor portion of this
calculation. The irrigation efficiency proposed of the ET
adjustment factor is 0.625.
"Evapotranspiration" means the quantity of water
evaporated from adjacent soils surfaces and transpired by
plants during a specific time.
"Flow-rate" means the rate in which water flows
through pipes and valves (gallons per minute or cubic feet
per second).
"Infiltration rate" means the rate ofwater entry into the
soil expressed as a depth of water per unit of time (inches
per hour).
"Irrigation efficiency" means the measurement of the
amount of water beneficially used divided by the amount of
water applied. Irrigation efficiency is derived from
measurements and estimates of irrigation system
chazacteristics and management practices. The minimum
irrigation efficiency for purposes of this chapter is 0.625.
Greater irrigation efficiency can be expected from well
designed and maintained systems.
"Landscape azchitect" means a certified landscape
professional licensed by the State of California.
"Landscape azchitect compliance statement" means a
one-page check list and a narrative summary of the project
as shown in Appendix A of the ordinance codified in this
chapter and on file in the office of the City Clerk.
"Landscaped area" means the parcel area less building
pad(s), driveway(s) and parking area(s). Planted areas,
water bodies, patios, decks, walkways and natural azeas aze
included in the concept of landscape azea.
"Lateral line" means the water delivery pipeline that
supplies water from the water source to the valve or outlet.
"Local mean precipitation" means the Department of
Water Resource twenty-year historical rainfall data.
"Main line" means the pressurized pipeline that
delivers water from the water source to the valve or outlet.
"Maximum water allowance" means the upper limit of
annual water use for the established landscaped area. It is
28
based on the area's reference evapotranspiration, the ET
adjustment factor, and the size of the landscape azea. The
amount of water recommended on an annual basis in the
irrigation schedule shall not exceed the maximum water
allowance. The MWA formula is as follows:
MWA = (ETo)(0.8)(LA)(0.62)
MWA =Maximum Water Allowance (gallons per
year)
ETo =Reference Evapotranspiration (inches per yeaz)
0.8 = ET Adjustment Factor
LA =Landscaped Area (square feet)
0.62 =Conversion Factor (to gallons/sq.ft.)
"Mulch" means any material such as leaves, bark,
straw or other materials left loose and applied to the soil
surface to reduce evaporation.
"Operating pressure" means the pressure at which a
system ofsprinklers is designed to operate, usually indicated
at the base of the sprinkler.
"Overhead sprinkler irrigation system" means those
with high flow rates (pop-ups, impulse sprinklers, rooters,
etc.)
"Overspray" means the water which is delivered
beyond the landscape area, wetting pavements, walks,
structures, or other nonlandscaped azeas.
"Planting zones" means the zones identified for or by
the sunset planting guide as being planting areas which are
defined by water requirements for plant types, when in sun,
exposure, public street visibility, project activity, focus and
use areas, regional climate, type of project, established
design patterns on adjacent or neazby development, micro-
climates created within the project.
"Rain sensing device" means a system which
automatically shuts offthe irrigation system when it rains.
"Record drawing" or "as builts" means a set of
reproducible drawings which show significant changes in
the work made during construction which aze usually based
on drawings marked up in the field and other data famished
by the contractor.
"Recreational area" means azeas of active play or
recreation such as sports fields, school yazds, picnic grounds
or other areas with intense foot traffic.
"Recycled water," "reclaimed water," or "treated
sewage effluent water" means treated or recycled
wastewater of a quality suitable for nonpotable uses, such as
landscape irrigation, not intended for human consumption.
"Referenced evapotranspiration or ETo" means a
standazd measurement of environmental meter which affect
the water use of plants. ETo is given in inches per day,
month or yeaz and is an estimate of the evapotranspiration
of a lazge field offour-to-seven-inch tall, cool-season grass
that is well watered. Referenced evapotranspiration is the
maximum applied water allowances so that regional
differences in climate can be accommodated.
29 Xeriscape Landscaping 14.15.020
"Registered historic sites" means a property formally
designated by the Secretary of the Interior as having
National or State historic significance.
"Rehabilitation ofrehabilitated landscape" means any
relandscaping project that requires a permit.
"Run-off' means water which is not absorbed by the
soil or landscape to which it is applied and flows from the
azea. For example, run-off may result from water that is
applied at too great a rate (application rate exceeds
infiltration rate) or when there is a severe slope.
"Soil moisture sensing device" means device that
measures the amount of water in the soil.
"Soil texture" means the classification of soil based on
the percentage of sand, silt, and clay in the soil.
"Sprinkler head" means a device which sprays water
through a nozzle.
"Station" means an area served by one valve or by a
set of valves that operate simultaneously.
"Tarp' means a surface layer of earth containing a
mowed grass with its root. Annual bluegrass, Kentucky
bluegrass, perennial ryegrass, Red fescue, and Tall fescue
are cool-season grasses. Bermuda grass, Kikuyugrass,
Seashore paspalum, St. Augustinegrass, Zoysiagrass, and
Buffalo grass aze warm-seasoned grasses.
"Valve" means a device used to control the flow of
water in the irrigation system. (Ord. 1615, (part), 1993)
14.15.030 Applicability.
A. Except as provided in Section 14.15.040, this
chapter shall apply to:
1. All new and rehabilitated landscaping in any
zoning district, conceptual zoning plan azea or special
district that requires public review by the Architectural Site
Approval Committee or Planning Commission or City
Council. (Ord. 1615, (part), 1993)
14.15.040 Exception-Exemption.
This chapter shall not apply to:
A. New or renovated landscape azeas comprising
less than two thousand five hundred squaze feet. Areas in
this category shall submit a landscape plan to be approved
by the Director of Community Development and that
complies with the addendum guidelines of the ordinance
codified in this chapter;
B. Cemeteries;
C. Registered historical sites;
D. Ecological restoration projects that do not
required a permanent irrigation system;
E. The Planning Commission may permit up to ten
percent of all plantings to be nondrought tolerant vazieties
as long as they aze grouped together and can be irrigated
sepazately;
F. The City may allow departures from this chapter
for school yazds and public pazks and adjacent to thematic
streetscapes, such as those established under the North
DeAnza Boulevard conceptual plan or Stevens Creek
Boulevazd conceptional zoning plan, given the number of
yeazs that have gone into establishing the landscape
boulevazd setbacks and their unique contribution to
Cupertino civic identity. The City shall attempt to apply the
guidelines elsewhere on these sites to achieve the highest
possible degree of water savings in the overall design;
G. Single-family residences located in an (R-1)
zoning district. (Ord. 1637, (part), 1993; Ord. 1630, (part),
1993; Ord. 1615, (part), 1993)
14.15.050 Provision for New and Rehabilitated
Landscapes.
Conceptual landscape planting and irrigation system
design plans will be submitted for City review prior to
issuance of building permits. T he plans for both the
landscape azea and irrigation systems should be designed
under the direction of and be certified by a State of
California licensed landscape architect. The plans aze to be
scaled and dimensioned accurately, and shall be reviewed in
accordance with the following directions:
A. For projects located in zoning districts which
require Planning Commission review, the conceptual
landscape planting/irrigation system design plan shall be
approved by the Planning Commission.
B. For projects located in planned development
zoning districts, or within the geographic limits of an azea
governed by a specific plan or conceptual zoning plan, the
conceptual landscape planting irrigation system design plan
shall be approved by the Planning Commission as part ofthe
definitive development plan for the overall project. Review
ofthe final landscape planting and irrigation system plans
will be subject to City staff review in conjunction with
specifications and plans for issuance of a building permit.
The conceptual zoning plans must include the following:
1. All property lines and street names;
2. Location of all existing and proposed buildings;
3. Location of all existing and proposed walks,
driveways, fences, pools, ponds, water features and retaining
walls;
4. All existing landscaping proposed to be removed;
5. Calculations showing the turf area, water azea,
shrub/tree azea, azea for annuals and of turf slopes steeper
than ten percent;
6. Details of spray, ground cover, shrub and tree
irrigation installation;
7. Identification of plant zones;
8. Location type and size of all existing and
proposed plants, including turf.
14.15.050 Cupertino -Streets, Sidewalks and Landscaping
C. The final landscape planting and irrigation system
plans must include all the information contained in the
conceptual zoning plans and the following additional
information:
1. Landscape azchitect compliance statement
(Appendix A ofthe ordinance codified in this chapter and on
file in the office ofthe City Clerk);
2. Calculation of the maximum applied water
allowance (twenty-three gallons per squaze foot multiplied
by the landscape azea in square feet. Based upon the
Cupertino ETo of forty-five inches per year);
3. Calculation ofthe estimated applied water use;
4. Calculation ofthe estimated total water use;
5. Landscape design plan;
6. Irrigation design plan:
a. Location, type and size of all irrigation
components, including water meter(s),
b. Static water presswe at the point of connection,
gallons per minute,
c. Precipitation rates and gallons per minute for all
control valve circuits,
d. Required operating presswe for each valve
circuit;
7. Irrigation schedules to:
a. Establish new plant material,
b. Maintain plant material after the first yeaz for
spring and fall seasons,
c. Maintain plant material for the summer season
after the first yeaz,
d. Length oftime the system will run for each valve
circuit,
e. Days that the system will operate for each
program,
f. Starting times ofthe irrigation schedules,
g. Estimated rates ofwater absorption and runofffor
each landscape/irrigation zone,
h. Estimated water consumption for turf, shrub and
tree azeas and for the entire landscape plan;
8. Maintenance schedules;
9. Landscape irrigation audit schedule;
10. Soil analysis (type and quantity of soil
amendment and mulch to be added to project soils).
D. The plans shall not require more water use than
the maximum applied water allowance.
E. A copy ofthe approved landscape documentation
package shall be provided to the property owner or site
manager along with the record drawings and any other
information normally forwazded to the property owner and
site manager.
F. City Council Resolution No. 8807 shall be
referred to for guidelines on plant materials, landscape
design pazameters and maintenance, soil prepazation, water
30
featwes and irrigation design and operation. (Ord. 1637,
(part), 1993; Ord. 1630, (part), 1993; Ord. 1615, (part),
1993)
14.15.060 Appeal.
Any person who is aggrieved by any action taken by
any City body or official may appeal, by filing a written
notice of appeal with the City Clerk within fourteen
calendar days. Such appeal shall be heazd by the City
Council which may affirm, amend, or reverse the order, or
take other action deemed appropriate. The Clerk shall give
written notice of the time and place of the hearing to the
appellant and any other person requesting notice. In
conducting the City Council shall not be limited by the
technical rules ofthe evidence. (Ord. 1615, (part), 1993)
14.15.070 Violation-Penalty.
Any person who violates the provision of this chapter
shall be guilty of an infraction and upon conviction thereof
shall be punished as provided in Chapter 1.12 of the
Cupertino Municipal Code. (Ord. 1615, (part), 1993)
APPENDIX A
LANDSCAPE ARCHITECT COMPLIANCE
STATEMENT
Landscape azchitects certifying statement for
compliance with landscaping/irrigation guidelines.
Installation address:
Installation completion date:
Water provider:
Landscape azchitect (print name):
Pazcel size:
Land use:
Yes No (If "no," attach explanation)
[] [] 1. Minimum 90% of all plantings aze drought
tolerant
[] [] 2. Twf limited to functional azeas; turf and
water featwes less than 25% of total landscape
azea
[] [] 3. Minimum turf area dimension = 15 ft.
n [] 4. Special ornamentals less than 10% of
landscape azea
n n S. Terracing/sloped azeas in conformance
[] [] 6. Drainage routed away from buildings; on-
site retention of irrigation water included
[] n 7. Tree/turf separation in tree islands per
ordinance
n n 8. Soft additives/amendments provided in
accordance with attached nan ative explanation
[] [] 9. Water featwes designed/equipped per
Section 9 of this ordinance
31 Xeriscape Landscaping 14.15.060
[] [] 10. Soil mulch added where appropriate (noted
on diagram)
Q [] 1 I. Planting soils delineated on plan
[] [] 12. Sprinkler heads have matched precipitation
rates within each control valve
[] [] 13. Precipitation rates for a given circuit do not
exceed soil absorption rates
[] [] 14. All sprinkler heads have serviceable check
valves where elevation deferential will cause low
head drainage
[] [] 15. Sprinkler system designed for head-to-head
coverage
[] [] 16. Controller has multiple programming,
repeat cycle capability, flexible calendar program
and monthly irrigation schedule
p [] 17. Controller set to water between 5:00 p.m.
and 10:00 a.m. and equipped with rain shut-off
device
(] [] 18. Monthly irrigation schedule given to
landscape manager and/or maintenance
contractor
[] [] 19. Water budget included with plans (annual)
[] [] 20. Total water usage does not exceed the
maximum allowed water allowance
I hereby certify that the above information is accurate
in compliance with the landscape standazds of the City of
Cupertino's outline in this section.
Landscape Architect:
Date:
AFFIX STAMP HERE
14.18.010
CHAPTER 14.18: HERITAGE AND SPECIMEN TREES
Section
14.18.010 Purpose.
14.18.020 Definitions.
14.18.030 Retention promoted.
14.18.040 Designation.
14.18.050 Heritage tree list.
14.18.060 Plan of protection.
14.18.070 Recordation.
14.18.080 Identification tag.
14.18.090 Application to remove.
14.18.100 Notice list to accompany application.
14.18.110 Appeal
14.18.120 Permit required for removal
14.18.130 Enforcing authority.
14.18.140 Exemptions.
14.18.150 Application for permit.
14.18.160 Director to inspect.
14.18.170 Review of application.
14.18.180 Review standards.
14.18.190 Protection during conservation.
14.18.200 Protection plan before permit granted.
14.18.210 Applicant to guazantee protection.
14.18.220 Notice of action on permit-Appeal.
14.18.230 Penalty.
14.18.010 Purpose.
In enacting this chapter, the City of Cupertino
recognizes the substantial economic, environmental and
aesthetic importance of its tree population. The City finds
that the preservation of specimen and heritage trees on
private and public property, and the protection of all trees
during construction, is necessary for the best interests ofhe
City and of the citizens and public thereof, in order to:
A. Protect property values;
B. Assure the continuance of quality development;
C. Protect aesthetic and scenic beauty;
D. Assist in the absorption of rain waters, thereby
preventing erosion of top soil, protecting against flood
hazazds and the risk of landslides;
E. Counteract air pollutants by protecting the known
capacity of trees to produce pure oxygen from cazbon
dioxide;
F. Maintain the climatic balance (e.g., provide
shade);
G. Help decrease potential damage from wind
velocities;
H. Protect specimen and heritage oak trees. For the
above reasons, the City finds it is in the public interest,
convenience and necessity to enact regulations controlling
the care and removal of specimen and heritage trees within
the City in order to retain as many trees as possible,
consistent with the individual rights to develop, maintain
and enjoy private and public property to the fullest possible
extent.
Specimen and heritage trees are considered a valuable
asset to the community. The protection of such trees in all
zoning districts including residential zones is intended to
preserve this valuable asset. (Ord. 1573, § 2, 1991; Ord.
1543, § 2, 1991)
14.18.020 Definitions.
Unless otherwise stated, the following definitions
pertain to this chapter.
A. "City" means the City of Cupertino situated in the
County of Santa Claza, California.
B. "Developed residential" means any legal lot of
record, zoned single-family, duplex, agricultural residential
and residential hillside, with any structure (principal or
accessory) constructed thereon.
C. "Heritage tree" means any tree or grove of trees
which, because of factors including, but not limited to, its
historic value, unique quality, girth, height or species, has
been found by the Architectural and Site Approval
Committee to have a special significance to the community.
D. "Oak tree" shall include all trees of oak genus,
including, but not limited to, the Valley Oak (Quercus
lobata) and California Live Oak (Quercus agrifolia).
E. "Owner" shall include the legal owner of real
property within the City, and any lessee of such owner.
F. "Person" shall include an individual, a firm, an
association, acorporation, a co-partnership, and the lessees,
trustees, receivers, agents, servants and employees of any
such person.
G. "Private property" shall include all property not
owned by the City or any other public agency.
:93
14.18.020 Cupertino -Streets, Sidewalks and Landscaping
H. "Public property" includes all property owned by
the City or any other public agency.
I. "Specimen tree" means any of the following:
1. A tree described on the table below:
Species Measurement Single-Trunk Multi-Trunk
From Natural Diameter/ Diameter/
Grade Circumference Circumference
Native Trees:
Oak trees 4-1 /2" 10" (31 ") 20" (63")
California 4-1/2" 10" (31") 20" (63")
Buckeye
Big Leaf 4-1/2" 12" (38") 25" (79")
Maple
Nonnative Trees:
Deodar 4-1/2" 12" (38") 25" (79")
Cedar
Blue Atlas 4-1/2" 12" (38") 25" (79")
Cedar
2. A tree required to be protected as a part of a
zoning, tentative map, use permit or privacy protection
requirement in an R-1 zoning district.
J. "Tree removal" means the destruction (in a
twelve month period) of twenty-five percent or more, as
determined by the Community Development Director, of
any heritage or specimen tree by cutting, retazding, girdling
or applying chemicals. (Ord. 1886, (part), 2001; Ord. 1835,
(part), 1999; Ord. 1810, (part), 1999; Ord. 1715, (part),
1996; Ord. 1573, § 3, 1991; Ord. 1543, § 3, 1991)
14.18.030 Retention Promoted.
Heritage and specimen trees are considered an asset to
the community and the pride of ownership and retention of
these species shall be promoted. The Director of
Community Development shall conduct an annual review of
the status of heritage trees and report the findings to the
Planning Commission. (Ord. 1715, (part), 1996; Ord. 1543,
§ 4.1, 1991)
14.18.040 Designation.
The Planning Commission, may, by resolution,
designate a tree or grove of trees as a heritage tree(s).
Prior to adoption of such a resolution, not less than ten
days' written notice shall be delivered to the owner. If the
owner ofthe property protests the designation an appeal can
be initiated. (Ord. 1715, (part), 1996; Ord. 1630, (part),
1993; Ord. 1543, § 4.2, 1991)
34
14.18.050 Heritage Tree List.
A heritage tree list shall be created and amended by
resolution. The list shall include the reason for designation,
tree circumference, species name, common name, location
and heritage tree number. (Ord. 1543, § 4.3, 1991)
14.18.060 Plan of Protection.
A. The Planning Commission shall consider a plan
of protection developed by the Community Development
Department or aCity-retained certified azborist. The
protection plan shall include information for correct
pruning, maintenance and fertilization methods.
B. It shall be the property owner(s) responsibility to
protect the tree. The plan shall be provided for his/her use
at his/her discretion in order to obtain the retention
objection.
C. Privacy protection planting in R-1 zoning districts
shall be maintained. Landscape planting maintenance
includes irrigation, fertilization and pruning as necessary to
yield a growth rate expected for a particulaz species. Where
privacy protection planting dies it must be replaced within
thirty days with the location, size and species described in
Ordinance No. 1799 (privacy protection) and its appendix.
The affected property owner, with privacy protection
planting on their own lot, is not required to maintain the
required planting. (Ord. 1810, (part), 1999; Ord. 1630,
(part), 1993; Ord. 1543, § § 4.4, 4.5, 1991)
14.18.070 Recordation.
Heritage and specimen trees required to be retained
under Section 14.8 1.020 I2, except for trees on public
property, shall have retention infon:nation placed on the
property deed via a conservation easement in favor of the
City, private covenant, or other method as deemed
appropriate by the Director. The recordation shall be
completed by the property owner at the time of use permit,
zoning, tentative map or initial/new building permit
issuance. (Ord. 1573, § 4.6, 1991; Ord. 1543, § 4.6, 1991)
14.18.080 Identification Tag.
Heritage trees shall have on them an identification tag,
purchased and placed by the City, inscribed with the
following information:
CITY OF CUPERTINO
HERITAGE TREE NO. _
Please do not prune or cut
before contacting the City.
(Ord. 1543, § 4.7, 1991)
14.18.090 Application to Remove.
Ifan application for heritage tree removal is submitted,
the request shall be forwarded to the Planning Commission
35 Heritage anti Specimen Trees 14.18.090
for review and approval. It is the applicant's responsibility
to provide supporting documents as requested by staffor the
Planning Commission. (Ord. 130, (part), 1993; Ord. 1543,
§ 4.8, 1991)
14.18.100 Notice List to Accompany Application.
The applicant shall provide with the application a list
of names of all persons owning and/or occupying real
property located within three hundred feet ofthe property
involved in the application. Where a property is a
multifamily dwelling with more than four units, the name of
the building manager will be supplied on the list. Notice of
the Planning Commission heazing will be mailed to the
names on the list. (Ord. 1630, (part),1993; Ord.1543, § 4.9,
1991)
14.18.110 Appeal.
An appeal ofthe Planning Commission's decision may
be submitted to the City Council, in Gaze of the City Clerk
within five working days ofthe decision. No tree shall be
removed until the appeal process has been concluded. (Ord.
1630, (part), 1993; Ord. 1573, § 4.10, 1991; Ord. 1543,
§ 4.10, 1991)
14.18.120 Permit Required for Removal.
Except as provided in Section 14.18.140, no person
shall directly or indirectly remove or cause to be removed
any specimen or heritage tree as herein defined, within the
City limits, without first obtaining a permit to do so in
accordance with the procedures set forth in this chapter.
(Ord. 1543, § 5.1, 1991)
14.18.130 Enforcing Authority.
The Director of Community Development, or his/her
authorized representative, shall be charged with the
enforcement of this chapter. (Ord. 1543, § 6.1, 1991)
14.18.140 Exemptions.
This chapter does not apply to the following:
A. Removal in case of emergency caused by the
hazardous or dangerous condition of a tree, requiring
immediate action for the safety of life or property (e.g., a
tree about to topple onto a principle dwelling due to heavy
wind velocities). A subsequent application for tree removal
must be filed within five working days as described in
Sections 14.18.150--14.18.170 of this chapter.
B. Removal of all deciduous, fruit-beazing trees.
C. An approval for the removal of any tree granted
by virtue of a zoning, use permit, vaiiance, tentative map, or
Planning Commission application approval.
D. Removal of any tree in a developed residential
single-family, residential duplex, agricultural residential and
residential hillside zoning district, except heritage, specimen
or trees planted to comply with privacy protection pursuant
to Chapter 19.28 (Single-Family Residential (R-1) Zones)
except those planted on the affected property owners' lot.
E. Public utility actions, under the jurisdiction ofthe
Public Utilities Commission ofthe State of California; as
may be necessary to comply with their safety regulations, or
to maintain the safe operation of their facilities. (Ord. 1835,
(part), 1999; Ord. 1715, (part), 1996; Ord. 1630, (part),
1993; Ord. 1543, § 7.1, 1991)
14.18.150 Application for Permit.
A. Applications for specimen or heritage tree
removal permits shall be filed with the Department of
Community Development on forms prescribed by the
Director of Community Development and shall state the
number and location of the trees to be removed, and the
reason for removal of each.
B. Applications for heritage tree removal shall be
referred to the Planning Commission for final review and
approval in accordance with Sections 14.18.090, 14.18.100
and 14.18.110. Requests shall be reviewed pursuant to
Section 14.18.110. (Ord. 1630, (part), 1993; Ord. 1573,
§ 8.1 (part), 1991; Ord. 1543, § 8.1 (part), 1991)
14.18.160 Director to Inspect.
Upon receipt of an application for removal of a
specimen tree, the Director of Community Development or
his/her authorized representative will, within fourteen days,
inspect the premises and evaluate the request pursuant to
Section 14.18.180 of this chapter. Priority of inspection
shall be given to those requests based on hazard or danger of
disease. The Director of Community Development may
refer any such application to another department or to the
Planning Commission or an appropriate committee ofthe
City for a report and recommendation. Where appropriate,
the Director of Community Development may also require
the applicant, at his own expense, to furnish a report from a
staff-approved arborist, certified by the International Society
of Arboriculture. Applications for tree removal may be
granted, denied, or granted with conditions. The Director of
Community Development may, as a condition of granting a
permit for removal of a specimen tree, require the applicant
to replant or replace a tree with more than one tree when
justified to replace lost tree canopy. (Ord. 1573, § 8.1(part),
1991; Ord. 1543, § 8.1 (part), 1991)
14.18.170 Review of Application.
A request for removal of any heritage or specimen tree
protected by a condition of approval associated with a
zoning, tentative map, use permit, variance and azchitectural
and site approval application may be approved by the
Duector of Community Development if deemed unsafe or
diseased or can cause potential damage to existing or
proposed essential structures. The Director of Community
Development may also require the applicant, at
14.18.170 Cupertino -Streets, Sidewalks and Landscaping
his own expense, to famish a report from astaff-approved
azborist, certified by the International Society of
Aboriculture. If removal is requested for any other reason,
the application shall be referred to the Planning Commission
which originated the condition. Notice of any public
heazing under this chapter shall be given in the same manner
as provided in Chapter 19.116 of this code. (Ord. 1835,
(part), 1999; Ord. 1715, (part),1996;amended during 12/93
supplement; Ord. 1630, (pazt),1993; Ord.1543, § 8.1 (part),
1991)
14.18.180 Review Standards.
Each request for tree removal shall be evaluated based
upon the standards listed under subsections A and B below.
Approval of a permit to remove a specimen or heritage tree
may be granted if one or both of the standazds is met.
A. That the tree or trees are irreversibly diseased, aze
in danger of falling, can cause potential damage to existing
or proposed essential structures, or interferes with private
on-site utility services;
B. That the location of the trees restricts the
economic enjoyment ofthe property by severely limiting the
use of property in a manner not typically experienced by
owners of similazly zoned and situated property. (Ord.
1573, § 9.1, 1991; Ord. 1543, § 9.1, 1991)
14.18.190 Protection During Construction.
Specimen, heritage trees and other trees required to be
retained by virtue of a zoning, subdivision, use permit,
variance, or Architectural and Site Approval Committee
application approval, and all trees protected by this chapter
shall be protected during demolition, grading and
construction operations. (Ord. 1543, § 10.1, 1991)
14.18.200 Protection Plan Before Permit Granted.
A. A plan to protect trees described in Section
14.18.190 shall be submitted to the Director of Public
Works and to the Director of Community Development
prior to issuance of a demolition, grading or building pernut.
The plan shall be prepared and signed by a licensed
landscape architect or azborist certified by the International
Society of Arboriculture and shall be approved by the
Director of Community Development. The Director of
Community Development shall evaluate the tree protection
plan based upon the tree protection standazds contained in
Appendix A at the end of this chapter.
B. The Duector of Community Development may
waive the requirement for a tree protection plan both where
the construction activity is determined to be minor in nature
(minor building or site modification in any zone) and where
the proposed activity will not significantly modify the
ground area within the drip line or the azea immediately
surrounding the drip line of the tree. The Director of
Community Development shall determine whether the
36
construction activity is minor in nature and whether the
activity will significantly modify the ground area around the
tree drip line. (Ord. 1543, § 10.2, 1991)
14.18.210 Applicant to Guarantee Protection.
The applicant shall guazantee the protection of the
existing tree(s) on the site through a financial instrument
acceptable to the Director of Planning and Development.
(Ord. 1543, § 10.3, 1991)
14.18.220 Notice of Action on Permit-Appeal.
A. Notice of the decision on an application for a
specimen tree removal permit by the Director ofCommunity
Development or his designated representative, shall be
mailed to the applicant.
B. Any decision made by the Director of Planning
and Development may be appealed to the City Council.
Such decision may be appealed to the City Council by filing
a written notice of appeal with the City Clerk within ten
working days after the mailing of such notice.
C. The City Clerk shall notify the applicant of the
date, time and place for hearing the appeal. The City
Council may affirm, reverse, or modify the decision of the
Director of Community Development, and its decision shall
be final. (Ord. 1573, § 11.1, 1991; Ord. 1543, § 11.1, 1991)
14.18.230 Penalty.
Violation of this chapter is deemed a misdemeanor
unless otherwise specified. Any person or property owners,
or his agent or representative who engages in tree cutting or
removal without a valid tree removal permit is guilty of a
misdemeanor as outlined in Chapter 1.12 ofthis code and/or
may be required to comply with Sections 14.18.150,
14.18.170. Notwithstanding any other provisions of this
section, the unauthorized removal ofa tree planted solely for
privacy protection purposes pursuant to Section 14.18.060
C shall constitute an infraction. (Ord. 1810, (part), 1999;
Ord. 1731, (part), 1996; Ord. 1543, § 12.1, 1991)
37 Heritage Heritage and Specimen Trees 14.18.230
APPENDIX A
STANDARDS FOR THE PROTECTION OF TREES DURING GRADING AND CONSTRUCTION
OPERATIONS
The purpose of this appendix is to outline standazds pertaining to the protection of trees described in Section
14.18.200 of Chapter 14.18. The standazds aze broad. A licensed landscape azchitect or International Society of
Arboriculture certified azborist shall be retained to certify tl•~e applicability of the standazds and develop additional
standazds as necessazy to ensure the property care, maintenzmce, and survival of trees designated for protection.
Standards
1. A plot plan shall be prepared describing the relationship of proposed grading and utility trenching to the trees
designated for preservation. Construction and grading should not significantly raise or lower the ground level
beneath tree drip lines. If the ground level is proposed for modification beneath the drip line, the azchitect/azborist
shall address and mitigate the impact to the tree(s).
2. All trees to be preserved on the property and all trees <<djacent to the property shall be protected against damage
during construction operations by constructing a four-Foot-high fence azound the drip line, and armor as needed. The
extent of fencing and armoring shall be determined by the landscape azchitect. The tree protection shall be placed
before any excavation or grading is begun and shall be maintained in repair for the duration of the construction work.
3. No construction operations shall be carried on within the drip line azea of any tree designated to be saved except as
is authorized by the Director of Planning and Development.
4. If trenching is required to penetrate the protection barrier for the tree, the section of trench in the drip line shall be
hand dug so as to preclude the cutting of roots. Prior to initiating any trenching within the barrier approval by staff
with consultation of an azborist shall be completed.
5. Trees which require any degree of fill azound the natw-al grade shall be guazded by recognized standazds of tree
protection and design of tree wells.
6. The azea under the drip line of the tree shall be kept clean. No construction materials nor chemical solvents shall be
stored or dumped under a tree.
7. Fires for any reason shall not be made within fifty feet: of any tree selected to remain and shall be limited in size and
kept under constant surveillance.
8. The general contractor shall use a tree service licensee:, as defined by California Business and Professional Code, to
prune and cut off the branches that must be removed during the grading or construction. No branches or roots shall
be cut unless at first reviewed by the landscape archite:ct/azborist with approval of staff.
9. Any damage to existing tree crowns or root systems s}iall be repaired immediately by an approved tree surgeon.
14.20.010
CHAPTER 14.20: UNDERGROiTND UTILITIES-CONVERSIONS*
Section
14.20.010 Definitions.
14.20.020 Public hearing.
14.20.030 Underground utility district designation.
14.20.040 Unlawful acts.
14.20.050 Exceptions-Circumstances.
14.20.060 Exceptions-Designated.
14.20.070 Notice.
14.20.080 Utility company responsibility.
14.20.090 Property owner responsibility.
14.20.100 City responsibility.
14.20.110 Time extension.
14.20.120 Violation-Penalty.
For the statutory provisions regarding the
conversion of overhead electric and
communications facilities to underground
locations, see Streets and Highway Code
§§ 5896.1 et seq.; for provisions regazding
municipal underground utility districts, see
Gov. Code § 38793.
14.20.010 Definitions.
Whenever in this chapter the words or phrases
hereinafter in this section defined aze used, they shall have
the respective meanings assigned to them in the following
definitions:
A. "Commission" means the Public Utilities
Commission of the state of California;
B. "Underground utility district" or "district" means
that area in the City within which poles, overhead wires, and
associated overhead structwes aze prohibited as such azea is
described in a resolution adopted pursuant to the provisions
of Section 14.20.030;
C. "Person" means and includes individuals, firms,
corporations, partnerships, and their agents and employees;
D. "Poles, overhead wires and associated overhead
structures" means poles, towers, supports, wires, conductors,
guys, stubs, platforms, cross arms, braces, transformers,
insulators, cutouts, switches, communication circuits,
appliances, attachments and appurtenances located
above-ground within a district and used or useful in
supplying electric, communication or similaz or associated
service;
E. "Utility" includes all persons or entities supplying
electric, communication or similaz or associated service by
means of electrical materials or devices. (Ord. 474, § 1,
1970)
14.20.020 Public Hearing.
The Council may from time to time call public
hearings to ascertain whether the public necessity, health,
safety or welfare requires the removal of poles, overhead
wires and associated overhead structures within designated
azeas of the City and the underground installation of wires
and facilities for supplying electric, communication, or
similaz or associated service. The City Clerk shall notify all
affected property owners as shown on the last equalized
assessment roll and utilities concerned by mail of the time
and place of such heazings at least ten days prior to the date
thereof. Each hearing shall be open to the public and may
be continued from time to time. At each hearing all persons
interested shall be given an opportunity to be heard. The
decision ofthe Council shall be final and conclusive. (Ord.
474, § 2, 1970)
14.20.030 Underground Utility District Designation.
If, after any such public hearing the Council finds that
the public necessity, health, safety or welfaze requires such
removal and such underground installation within a
designated azea, the Council shall, by resolution, declare
such designated azea an underground utility district and
order such removal and underground installation. The
resolution shall include a description ofthe area comprising
such district and shall fix the time within which such
removal and underground installation shall be accomplished
and within which affected property owners must be ready to
receive underground service. A reasonable time shall be
allowed for such removal and underground installation,
having due regazd for the availability of labor, materials and
equipment necessary for such removal and for the
installation of such underground facilities as may be
occasioned thereby. (Ord. 474, § 3, 1970)
39
14.20.040 Cupertino -Streets, Sidewalks and Landscaping
14.20.040 Unlawful Acts.
Whenever the Council creates an underground utility
district and orders the removal of poles, overhead wires and
associated overhead structwes therein as provided in
Section 14.20.030, it is unlawful for any person or utility to
erect, construct, place, keep, maintain, continue, employ or
operate poles, overhead wires and associated overhead
structwes in the district after the date when said overhead
facilities aze required to be removed by such resolution,
except as said overhead facilities may be required to furnish
service to an owner or occupant of property prior to the
performance by such owner or occupant of the underground
work necessary for such owner or occupant to continue to
receive utility service as provided in Section 14.20.090, and
for such reasonable time required to remove said facilities
after said work has been performed, and except as otherwise
provided in this chapter. (Ord. 474, § 4, 1970)
14.20.050 Exceptions-Circumstances.
Notwithstanding the provisions of this chapter,
overhead facilities may be installed and maintained for a
period, not to exceed ten days, without authority of the
Director of Public Works in order to provide emergency
service. The Director of Public Works may grant special
permission, on such terms as the Director of Public Works
may deem appropriate, in cases of unusual circumstances,
without discrimination as to any person or utility, to erect,
construct, install, maintain, use or operate poles, overhead
wires and associated overhead structures. (Ord. 474, § 5,
1970)
14.20.060 Exceptions-Designated.
This chapter and any resolution adopted pwsuant to
Section 14.20.030 shall, unless otherwise provided in such
resolution, not apply to the following types of facilities:
A. Any municipal facilities or equipment installed
under the supervision and to the satisfaction of the Director
of Public Works;
B. Poles or electroliers used exclusively for street
lighting;
C. Overhead wires (exclusive of supporting
structwes) crossing any portion of a district within which
overhead wires have been prohibited, or connecting to
buildings on the perimeter of a district, when such wires
originate in an azea from which poles, overhead wires and
associated overhead structwes are not prohibited;
D. Poles, overhead wires and associated overhead
structwes used for the transmission of electric energy at
nominal voltages in excess of thirty-fow thousand five
hundred volts;
E. Overhead wires attached to the exterior swface of
a building by means of a bracket or other fixtwe and
extending from one location on the building to another
40
location on the same building or to an adjacent building
without crossing any public street;
F. Antennae, associated equipment and supporting
structwes, used by a utility for furnishing communication
services;
G. Equipment appurtenant to underground facilities,
such as surface mounted transformers, pedestal mounted
terminal boxes and meter cabinets, and concealed ducts;
H. Temporary poles, overhead wires and associated
overhead structwes used or to be used in conjunction with
construction projects. (Ord. 474, § 6, 1970)
14.20.070 Notice.
Within ten days after the effective date of a resolution
adopted pwsuant to Section 14.20.030, the City Clerk shall
notify all affected utilities and all persons owning real
property within the district created by said resolution of the
adoption thereof. The City Clerk shall further notify such
affected property owners of the necessity that, if they or any
person occupying such property desire to continue to receive
electric, communication, or similar or associated service,
they or such occupant shall provide all necessary facility
changes on their premises so as to receive such service from
the lines of the supplying utility or utilities at a new
location, subject to applicable rules, regulations and tariffs
of the respective utility or utilities on file with the
commission.
Notification by the City Clerk shall be made by
mailing a copy ofthe resolution adopted pwsuant to Section
14.20.030, together with a copy of this chapter, to affected
property owners as such are shown on the last equalized
assessment roll and to the affected utilities. (Ord. 474, § 7,
1970)
14.20.080 Utility Company Responsibility.
If underground construction is necessary to provide
utility service within a district created by any resolution
adopted pwsuant to Section 14.20.030, the supplying utility
shall furnish that portion of the conduits, conductors and
associated equipment required to be furnished by it under its
applicable rules, regulations and tariffs on file with the
commission. (Ord. 474, § 8, 1970)
14.20.090 Property Owner Responsibility.
A. Every person owning, operating, leasing,
occupying or renting a building or structwe within a district
shall perform construction and provide that portion of the
service connection on his property between the facilities
referred to in Section 14.20.080 and the termination facility
on or within the building or structwe being served, all in
accordance with applicable rules, regulations and tariffs of
the respective utility or utilities on file with the
Commission. If the above is not accomplished by any
person within the time provided for in the resolution enacted
41 Underground ti tilities-Conversions 14.20.090
pursuant to Section 14.20.030, the Director of Public Works
shall give notice in writing to the person in possession of
such premises, and a notice in writing to the owner thereof
as shown on the last equalized assessment roll, to provide
the required underground facilities within ten days after
receipt of such notice.
B. The notice to provide the required underground
facilities may be given either by personal service or by mail.
In case of service by mail on either of such persons, the
notice must be deposited in the United States mail in a
sealed envelope with postage prepaid, addressed to the
person in possession of such premises at such premises, and
the notice must be addressed to the owner thereof as such
owner's name appears, and must be addressed to such
owner's last known address as the same appears on the last
equalized assessment roll, and when no address appeazs, to
General Delivery, City of Cupertino. If notice is given by
mail, such notice shall be deemed to have been received by
the person to whom it has been sent within forty-eight hours
after the mailing thereof. Ifnotice is given by mail to either
the owner or occupant of such premises, the Director of
Public Works shall, within forty-eight hours after the
mailing thereof, cause a copy thereof, printed on a card not
less than eight inches by ten inches in size, to be posted in
a conspicuous place on said premises.
C. The notice given by the Director of Public Works
to provide the required underground facilities shall
particularly specify what work is required to be done, and
shall state that if said work is not completed within thirty
days after receipt of such notice, the Director of Public
Works will provide such required underground facilities, in
which case the cost and expense thereof will be assessed
against the property benefitted and become a lien upon such
property.
D. If upon the expiration of the thirty day period, the
required underground facilities have not been provided, the
Director of Public Works shall forthwith proceed to do the
work; provided, however, if such premises aze unoccupied
and no electric or communications services aze being
furnished thereto, the Director of Public Works shall, in lieu
of providing the required underground facilities, have the
authority to order the disconnection and removal of any and
all overhead service wires and associated facilities
supplying utility service to said property. Upon completion
of the work by the Director of Public Works, he shall file a
written report with the City Council setting forth the fact
that the required underground facilities have been provided
and the cost thereof, together with a legal description of the
property against which such cost is to be assessed. The
Council shall thereupon fix a time and place for hearing
protests against the assessment of the cost of such work
upon such premises, which said time shall not be less than
ten days thereafter.
E. The Director of Public Works shall forthwith,
upon the time for hearing such protests having been fixed,
give a notice in writing to the person in possession of such
premises, and a notice in writing thereof to the owner
thereof, in the manner hereinabove provided for the giving
of the notice to provide the required underground facilities,
of the time and place that the Council will pass upon such
report and will heaz protests against such assessment. Such
notice shall also set forth the amount of the proposed
assessment.
F. Upon the date and hour set for the heazing of
protests, the Council shall heaz and consider the report and
all protests, if there be any, and then proceed to affirm,
modify or reject the assessment.
G. If any assessment is not paid within five days
after its confirmation by the Council, the amount of the
assessment shall become a lien upon the property against
which the assessment is made by the Director of Public
Works, and the Director of Public Works is directed to turn
over to the Assessor and Tax Collector a notice of lien on
each of said properties on which the assessment has not
been paid, and the Assessor and Tax Collector shall add the
amount of said assessment to the next regular bill for taxes
levied against the premises upon which said assessment was
not paid. Said assessment shall be due and payable at the
same time as said property taxes aze due and payable, and if
not paid when due and payable, shall beaz interest at the rate
of six percent per yeaz. (Ord. 474, § 9, 1970)
14.20.100 City Responsibility.
City shall remove at its own expense all City owned
equipment from all poles required to be removed hereunder
in ample time to enable the owner or user of such poles to
remove the same within the time specified in the resolution
enacted pursuant to Section 14.20.030. (Ord. 474, § 10,
1970)
14.20.110 Time Extension.
In the event that any act required by this chapter or by
a resolution adopted pursuant to Section 14.20.030 cannot
be perfonned within the time provided on account of
shortage of materials, war, restraint by public authorities,
strikes, labor disturbances, civil disobedience, or any other
circumstances beyond the control of the actor, then the time
within which such act will be accomplished shall be
extended for a period equivalent to the time of such
limitation. (Ord. 474, § 11, 1970)
14.20.120 Violation-Penalty.
Any person who violates the provisions ofthis chapter
shall be guilty of an infraction and upon conviction thereof
shall be punished as provided in Chapter 1.12. (Ord. 1179,
§ 2 (part), 1982; Ord. 474, § 12, 1970)
14.24.010
CHAPTER 14.24: UNDERGROUND UTILITIES-NEW DEVELOPMENTS*
Section
14.24.010 Intent.
14.24.020 Definitions.
14.24.030 Required.
14.24.040 Exceptions.
14.24.050 Zones excepted.
14.24.060 Administrative exceptions.
14.24.070 Use permit exceptions.
14.24.080 Transition.
See Title 18, Subdivisions.
14.24.010 Intent.
Underground public utilities improve the aesthetic
quality of a development, and stricter requirements in open
areas may preserve natural beauty. A chapter providing for
standards to further these goals will give areas of the City a
more contemporary aspect and will help to preserve
property values in the future.
This chapter deals mainly with the public utilities in
new developments. It is the intent of the City to enact
another ordinance at a later date, in order to provide for
gradual conversion of existing utilities from overhead to
underground. (Ord. 331, § 1, 1966)
14.24.020 Definitions.
A. "Development azea" means an area for which one
contiguous development plan, tentative map or record of
survey has been submitted to the Planning Commission.
B. "Development plan" means a plan for a
development area, meeting all the requirements as to form
and content of a tentative map required in Chapter 18.08,
and containing additional information, including but not
limited to the following: Types of buildings and azeas for
the public in general or reserved for occupants of the
development azea or part thereof; proposed restrictive
covenants and/or documents providing for maintenance;
driveways, tables showing distribution of azea; intended
time schedule for construction.
C. "Distribution line" means an electric supply line
with a nominal voltage oftwenty-two thousand volts or less
or a communication line.
D. "Overhead lines and structures" means
conductors, wires, poles, towers, supports, guys, stubs,
platforms, crossarms, braces, transformers, insulators,
cutouts, switches, communication circuits, attachments and
appurtenances located above ground and used or useful in
supplying electric, communication, or similar or associated
services.
E. "Public utility" means a distribution facility,
owned and/or operated by the City or another government
agency or by a private utility company, intended to
distribute water, gas, heat, electricity, communications, and
similar supplies.
F. "Transmission line" means electric supply line
with a nominal voltage of more than twenty-two thousand
volts.
G. "Service facilities" means conductors, whether
overhead or underground,necessaryto:
1. Connect the service entrance conductors of
customer to a utility's supply line, regazdless of location of
the utility's meters or transformers;
2. Extend a communication distribution line to
customer's premises. (Ord. 331, § 2, 1966)
14.24.030 Required.
A. All utility distribution facilities, including but not
limited to electric communication and cable television lines,
installed in and for the purpose of supplying service to any
new development azea within the City, shall be placed
underground from the date the ordinance codified herein
takes effect; except incases specified in Sections 14.24.040
through 14.24.080.
B. The developer shall be responsible for complying
with the requirements of this chapter and other related
ordinances and regulations of the City, and shall make the
necessary arrangements with the utility companies involved
for the installation of said facilities. (Ord. 331, § 3, 1966)
14.24.040 Exceptions.
A. Equipment appurtenant to underground facilities,
such as swface mounted transformers, pedestal mounted
terminal boxes and meter cabinets, and concealed ducts, is
excepted from the requirements of Section 14.24.030 A.
When required by the City Engineer, such appurtenant
facilities shall be effectively screened from view by
43
1424.040 Cupertino -Streets, Sidewalks and Landscaping
landscaping or other means; plans for said screening shall be
subject to approval by the City Engineer. Appurtenant
facilities which aze installed and owned by the developer aze
also excepted when approved by the City Engineer and the
Chief Building Inspector.
B. Poles used exclusively for street lighting, police
and fire alarm boxes, traffic control facilities, or any similaz
municipal equipment installed under the supervision of and
to the satisfaction of the City Engineer or the Building
Official shall be excepted from the requirements of this
chapter.
C. When undergrounding of utilities results in a
substantial visual impact by increasing the mass ofoverhead
lines and structures, the requirements ofthis chapter shall be
excepted. (Ord. 1651, § 1 (part), 1994; Ord. 331, § 4, 1966)
14.24.050 Zones Excepted.
The provisions of Section 14.24.030 A shall not apply
to agricultural and agricultural-residential azeas, for which
general zoning ordinances or conditions to a rezoning, or a
tentative map, require a minimum lot size of five acres or
more; nor shall they apply to heavy industrial (MR) zones.
(Ord. 331, § 5, 1966)
14.24.060 Administrative exceptions.
A. Cases stated in the following subsections will be
excepted from the provisions in Section 14.24.030 A;
provided that the City Planner makes a finding that they
qualify according to the intent of the chapter. Rulings by
the City Planner may be appealed to the Planning
Commission. The City Planner shall submit borderline
cases to the Planning Commission for decision.
B. Connecting distribution lines through
undeveloped areas are permitted as overhead lines until the
time when the area is developed; or for a shorter time as
specified by the City Planner.
C. Connecting distribution lines through permanent
open space, such as lazge parks predominantly remaining in
natural state, will be permitted as overhead lines; provided
that such lines are located and designed to make them
compatible with the park. The City Planner shall consult
with the proper authority or authorities concerned with the
planning and aesthetics of the pazk.
D. Transmission lines will be permitted as overhead
lines; provided that location of right-of--way and towers,
masts or poles minimizes obstruction ofview and the design
is aesthetically compatible with the area. (Ord. 331, § 6,
1966)
44
underground utilities, in whole or in part, where an applicant
shows, to the satisfaction of the Commission:
1. That there aze exceptional or extraordinary
topographical, soil or other conditions or circumstances not
common to similar developments, which would make
undergrounding of utilities an undue hazdship on the
applicant; and
2. That the granting of an exception would not be
detrimental to health, safety and public welfaze; or injurious
to property values or improvements in the neighborhood.
B. Specifically, a development azea adjoining
previously developed areas with overhead utilities on at
least three sides may be excepted from underground
requirements, unless they aze required by some other
ordinance of the City. (Ord. 331, § 7, 1966)
14.24.080 Transition.
A. Development areas where street construction has
been completed to the full width of the right-of--way on the
effective date of the ordinance codified herein shall be
excepted from the provisions of Section 14.24.030 A.
B. Development azeas, for which an application for
approval of a tentative map has been filed before the
effective date of the ordinance codified herein shall be
excepted from the provisions of Section 14.24.030 A;
provided that the tentative map has been or is subsequently
approved by the City Council; further provided that street
construction is begun within one yeaz and is completed
within two yeazs of either the date of approval by the City
Council of the tentative map, or the effective date of the
ordinance codified herein, whichever date is the latest.
C. Any part of a development azea where street
construction has not been completed at the date set forth in
the above subsection B shall be provided with underground
utilities in accordance with this chapter; except that the City
Engineer may permit an extension of the deadline date in
cases where delays aze due to an act of God or other
circumstances beyond the control of the developer or utility
company or agency. Delay due to slower progress of the
sale, lease or rental of homes, apartments or other property
than anticipated shall not constitute a reason for extension
ofthis deadline. (Ord. 1651, § 1 (part), 1994; Ord. 331, § 8,
1966)
14.24.070 Use Permit Exceptions.
A. The Planning Commission may, through the
granting of a use permit, waive requirements for