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2001 MaySUPPLEMENT INSERTION GUIDE CUPERTINO MUNICIPAL CODE M~~y, 2001 (Covering Ordinances through 1876) This supplement consists of reprinted pages replacing existing pages in the Cupertino Municipal Code. Remove pages listed in the column headed "Remove Pages" and in their places insert the pages listed in the column headed "Insert Pages." This Guide for Insertion should lie retained as a permanent record of pages supplemented and should be inserted. in the front of the code. Remove Pages Insert Pagea> Preface ...............Preface: Checklist i-v .....Checklist i-v TEXT 70-7-70-8 ......... 70-7-70-8 97-98 ...............97-98 209-210-7........209-210-81~ 265-272 ........... 265-27:? 295-296 ........... 295-295 305-306 ......... 305-306-1 5 88-9-588-12.8 ........... . ........... 5 88-9-5 88-12.8 a 588-12.10a ......... 588-12.10a Remove Pages Insert Pages TABLES 614-13-614-14 .......... . ............ 614-13-614-14 INDEX 617-618 ........... 617-618 625-626 ........... 625-626 637-640-1 ........ 637-640-1 PREFACE The Cupertino Municipal Code, originally published by Book Publishing Company in 1973, has been kept current by regulaz supplementation. During original codification, the ordinances were compiled, edited and indexed by the editorial staff of Book Publishing Company under the direction of Mr. David H. Adams, city attorney. The code is organized by subject matter under an expandable three-factor decimal numbering system which is designed to facilitate supplementation without disturbing the numbering of existing provisions. Each section number designates, in se- quence, the numbers of the title, chapter, and section. Thus, Section 17.12.050 is Section A50, located in Chapter 17.12 of Title 17. In most instances, sections are numbered by tens (.010, .020, .030, etc.), leaving nine vacant positions between original sections to accommodate fuhu~e provisions. Similazly, chapters and titles aze numbered to provide for internal expansion. th parentheses following ea~~h section is a legislative history identifying the specific soun~es for the provisions of that section. This legislative history is complemented by an ordi- nance disposition table, following the text of the code, listing by number all ordinances, their subjects, and where they appear in the codification Footnotes referring to applicable statutory provisions are located throughout the text. A subject-matter index, with complete cross-referencing, locates specific code provisions by individual section numbers. This supplement brings the code up to date through Ordi- nance 1876, passed April 2, 211. Book Publishing Company 201 Westlake Avenue North Seattle, Washington 98109 (206) 343-5700 1-800-537-7881 (Cupertino 5-Ol) CHECKLIST CUPERTINO MUNICIPAL CODE This checklist is included to provide a positive means for ascertaining whether your code contains all cunrent pages. After insertion of the 5-01 supplement, the Cupertino Municipal Code should contain the pages indicated below. Wherever there is a dash page, it teas been listed individually. Page Number Date Title 1: 1 .............................. 1-95 3-6 .......................... 12-95 7-10 .......................... 11-98 10-1 ........................... 11-98 11-15 ......................... 12-95 Title 2: 17-20 .......................... 8-99 20-1-20-4 ....................... 8-99 20-4a ........................... 8-99 20-5-20-6 ....................... 8-97 21-22 .......................... 6-99 22a ............................ 6-99 22-1-22-3 ...................... 12-95 2 3-24 .......................... 8 - 99 24a-24b ........................ 1-95 25-30 ......................... 12-95 31-34 .......................... 6-00 3 5-51 ......................... 12-95 52/5 8 .......................... 12-95 59-60 .......................... 3-89 61-63 .......................... 5-96 64/66 ........................... 5 -96 67-70 ....................... (no date) 70-1-70-2 ...................... 12-95 70-3-70-4 ...................... 12-91 70-5-70-6 ....................... 5 -96 70-7-70-8 ....................... 5 -01 70-9 ............................ 5-95 70-11-70-12 ..................... 6-00 Title 3: 71 ............................ 12-95 73-76 ......................... 12-96 77 ............................. 8-99 Page Number Date 78/86 ........................... 8-99 87-88 ....................... (no date) 89-96 ......................... 12-96 97-98 .......................... 5-O l 99-100 ........................ 12-96 100a-100b ..................... 12-96 100-1-100-2 ..................... 2-93 100-2a .......................... 2-93 100-3-100-4 ..................... 5-92 100-5-100-6 .................... 12-95 100-7-100-8 .................... 12-96 100-9-100-12 .................... 9-92 100-13-100-14 .................. 12-96 Title 4: 101 ......................... (no date) Title 5: 103 ........................... 12-96 105-106 ....................... 12-95 107-108 ........................ 2-93 109-110 ....................... 12-95 111-112 ........................ 8-99 113-114 ........................ 3-99 115-117 ....................... 12-95 119-124 ....................... 12-96 125-128 ........................ 8-99 129-130 ....................... 12-96 130-1 .......................... 12-96 131-132 ....................... 12-95 133-134 ....................... 12-96 135/ 141 ........................ 12-95 142-1-142-4 .................... 12-96 Title 6: 143-150 ........................ 5-96 1 (Cupertino 5-01) Page Number Date 151 ........................... 12-96 152/156 ........................ 12-96 157-158 ....................... 10-93 15 9-160 ....................... 12-91 161-162 ....................... 12-96 162-1-162-2 .................... 12-96 163-164 .................. . . . .. 12-95 165 ........................... 12-96 166/ 180 ........................ 12-96 Title 7: 181 ......................... (no date) Title 8: 183-204 ........................ 5-94 204-1-204-3 ..................... 5-94 Title 9: 205 ........................... 11-98 207-208 ..................... (no date) 209-210 ........................ 5 -01 210-1-210-7 ..................... 5-Ol 210-8a-210-8b .................... 5-01 210-9 ........................... 5-96 211-212 ..................... (no date) 213-214 ........................ 5-96 215-216 ....................... 12-96 217-218 ........................ 5-96 219-220 ..................... (no date) 221-222 ........................ 5 -96 223-224 ........................ 3 - 87 225-234 ........................ 5 -96 235-239 ....................... 12-96 240/242 ........................ 12-96 242-1-242-8 ..................... 9-91 243-244 ....................... 11-9 8 244-1 .......................... 11-9 8 Title 10: 245 ............... . . . ......... 12-00 247-248 ....................... 12-96 249-250 ........................ 8-99 250-1-250-2 ..................... 8-99 Page Number Date 251-258 ....................... 12-96 258-1 ........................... 9-92 25 9-264 ....................... 12-96 265-272 ........................ 5-01 273-274 ....................... 12-96 275-276 ........................ 8-99 277 ........................... 12-96 278/278-2 ....................... 12-96 278-2a-278-2b .................... 1-95 279-280 ....................... 12-96 281-282 ....................... 12-00 Title 11: 283 ........................... 12-96 285-290 ........................ 5-95 291-292 ....................... 11-97 292-1 .......................... 11-97 293-294 ........................ 8-94 295-296 ........................ 5-01 296-1 .......................... 12-87 297/299 ........................ 11-86 301-304 ....................... 12-96 305-306 ........................ 5-01 306-1 ........................... 5-Ol 307-308 ....................... 12-00 309 ........................... 12-96 311-312 ........................ 3-87 313-314 ........................ 2-01 315-316 ....................... 12-00 316-1 .......................... 12-00 317-318 ........................ 2-00 318-1-318-2 .................... 12-00 319 ........................... 12-00 320a ............................ 5-95 320-1-320-2 ..................... 2-01 3 20-3 ........................... 5 -96 321-322 ....................... 12-00 322-1 ........................... 2-00 323-324 ....................... 12-87 325-326 ....................... 11-86 327-328 ....................... 11-97 329-332 ....................... 12-96 332-1 .......................... 12-96 (cnpertino s-oi~ ii Page Number Date 333- 334 ....................... 11-86 334-1 -334-3 .................... 12-96 335- 338 ... .................. (no date) 339- 340 ... ..................... 6-00 340-1 ...... ..................... 3-88 341- 342 ... .................... 12-87 342-1 -342-2 .................... 12-96 Title 12: 343 ......................... (no date) Title 13: 345-354 ..................... (no date) Title 14: 355 ........................... 12-96 357- 358 ... ..................... 8-94 359- 360 ... ..................... 3-89 360-1 ...... ..................... 3-89 361- 362 ... ..................... 8-94 362a ....... ..................... 8-94 362-1 -362-2 ..................... 2-93 363- 366 ... ..................... 8-94 366-1 -366-2 ..................... 8-94 367- 368 ... .................. (no date) 368-1 -368-2 .................... 12-00 368-3-368-4 .................... 12-96 369- 372 ... .................. (no date) 373- 376 ... .................... 12-96 376-1 -376-2 .................... 12-96 376-2a ..... .................... 12-96 376-3 -376-4 ..................... 4-94 377- 378 ... .................... 12-96 378-1 -378-2 ..................... 9-00 378-3 -378-4 .................... 11-99 378-4a ..... .................... 11-99 378-5 -378-6 ..................... 6-99 379- 382 ... .................. (no date) 383- 385 ... ..................... 8-94 Title 15: 387-394 ........................ 5-98 395/411 ......................... 5-98 Page Number Date Title 16: 413---417 ........................ 8-99 418/420 ......................... 8-99 42134 ........................ 5-98 435-436 ........................ 9-00 437----438 ........................ 5-98 439-443 ........................ 8-99 445-448 ........................ 6-00 448-1 ........................... 5-98 449-454 ....................... 10-93 455-458 ........................ 5-98 459-464 ........................ 8-99 464-1-464-4 ..................... 8-99 464-4a-464-4b .................... 8-99 464-4b.1 X64-4b.16 ................ 8-99 464-4c .......................... 5-98 464-564-12 ................... 10-90 465-467 ........................ 5-98 468/474 ......................... 5-98 474-1-474-2 ..................... 3-88 475-476 ........................ 5-98 477-480 ........................ 8-99 480-1-480-2 ..................... 8-99 Title 17: 481 ............................ 8-98 483-484 ........................ 8-97 48588 ....................... 10-93 48990 ............... . . . ...... 5-96 491-492 ....................... 11-98 492-1 . . . . . ..................... 11-98 493--~94 ....................... 12-94 494-1 .......................... 12-94 495-498 ....................... 11-98 498-1 .......................... 11-98 499-500 ...... . ................. 8-97 501-504 ........................ 6-00 505 /515 ........................ 12-96 Title 18: 517-536 ....................... 12-95 537-538 ....................... 12-00 538-1 .......................... 12-00 iii cc„~~no s-oi> Page Number Date 539-540 ....................... 12-95 541-542 ....................... 12-00 542-1 .......................... 12-00 543-568 ....................... 12-95 568-1-568-6 .................... 12-95 Title 19: 569-570 ........................ 8-98 571-572 ....................... 12-94 573-574 ........................ 9-00 575-5 82 ........................ 2-01 5 82-1 ........................... 2-01 5 83-5 84 ........................ 8-98 585-586 ........................ 2-Ol S 87-5 8 8 ........................ 2-9 3 588-1-588-4 ..................... 7-95 588-5-588-6 ..................... 8-99 588-6a-588-6b .................... 7-95 588-7-588-8 ..................... 4-94 5 88-9-588-12 .................... 5-01 588-12.1-588-12.8 ................. 5-01 588-12.8a ........................ 5-Ol 588-12.9-588-12.10 ............... 12-00 588-12.10a ....................... 5-01 5 88-12.11 ....................... 11-99 588-12a-588-12b .................. 8-98 5 88-13 .......................... 8-98 588-15-588-16 ................... 6-00 588-16a-5-88-16b ................. 6-00 5 88-17-588-18 .................. 12-96 588-19-588-22 ................... 8-96 588-22a-588-22b .................. 8-98 588-22c-588-22d ................. 12-96 588-23-588-24 ................... 7-95 588-24a-588-24b .................. 7-95 588-25-588-26 .................. 12-93 588-27-588-32 ................... 6-00 588-33-588-34 ................... 12-96 588-35-588-36 ................... 8-98 588-36a-588-36b .................. 6-00 5 88-37 .......................... 6-99 588-38a ......................... 8-98 588-39-588-42 ................... 5-98 Page Number Date 588-43- 588-44 ................... 6-00 588-44a ......................... 6-00 588-45- 588-48 ................... 2-93 5 88-49- 588-50 ................... 8-98 588-SOa -588-SOb .................. 6-99 588-51- 588-52 ................... 6-00 588-52a -588-52d ................. 12-96 588-52e -588-52h .................. 5-95 588-52i -588-52j .................. 12-96 588-53- 588-54 ................... 6-99 588-55- 588-58 ................... 8-98 588-58a ......................... 8-98 5 88-59- 588-60 ................... 2-93 588-61- 588-62 .................. 12-93 588-63- 588-64 ................... 4-94 588-65 .......................... 4-99 588-66/5 88-68 ..................... 4-99 588-69- 588-72 ................... 2-97 588-72a-588-72c .................. 2-97 588-73- 588-74 ................... 4-99 588-74a-588-74b ................. 12-96 588-75- 588-76 ................... 2-97 588-76a -588-76c .................. 2-97 588-77- 588-78 ................... 2-93 588-79- 588-80 .................. 12-96 588-81- 588-86 ................... 2-93 588-87- 588-88 .................. 12-96 588-89- 588-90 ................... 2-93 588-91- 588-94 ................... 6-99 588-95- 588-96 ................... 8-98 588-97- 588-98 ................... 6-00 588-98a-588-98b .................. 6-00 588-99 .......................... 6-00 588-100a-588-100b ................ 5-98 Title 20: 588-101 ........................ 12-94 5 8 8-103-5 8 8-106 ................. 12-96 Tables: 589-590 ........................ 5-96 591-592 ........................ 5-98 593-594 ........................ 2-93 (Cupertino 5-01) 1V Page Number Date 595-599 ....................... 12-96 601-614 ........................ 5-98 614-1-614-4 ..................... 5-98 614-5-614-8 ..................... 8-98 614-9-614-10 .................... 8-99 614-11-614-12 ................... 9-00 614-13-614-14 ................... 5 -01 Index: 615-616 ....................... 12-96 617-618 ........................ 5-01 619-620 ........................ 8-99 621-622 ........................ 8-97 623-624 ........................ 6-00 624-1 ........................... 6-00 625-626 ........................ 5-01 627 ........................... 11-99 629/631 ......................... 3-96 633-636 ....................... 12-96 637-640 ........................ 5-01 640-1 ........................... 5-01 641-642 ....................... 12-96 643-648 ........................ 6-00 649-650 ....................... 12-00 650-1 .......................... 12-00 651 ........................... 12-96 652/654 ........................ 12-96 65 5-65 6 ....................... 12-00 657-b58 ........................ 5-98 659-660 ........................ 8-99 661-664 ........................ 6-00 665-666 ........................ 6-99 667-668 ........................ 8-98 669-670 ....................... 12-00 670-1 .......................... 11-99 671-673 ........................ 8-98 V (Cupertino 5-Ol) 2.86.100 H. To help identify sources of funds to develop and build affordable housing; I. To perform any other advisory functions authorized by the City Council. (Ord. 1722 (part), 1996: Ord. 1641 § 1 (part), 1994: Ord. 1576 § 1 (part), 1992) 2.86.110 City staff assistance. The Housing Committee shall have available to it such assistance of City staff as may be required to perform its functions, the staff assignments and administrative procedures to be under the general direction and supervision of the Director of Commu- nity Development. (Ord. 1722 (part), 1996: Ord. 1641 § 1 (part), 1994: Ord. 1576 § 1 (part), 1992) 2.86.120 Procedural rules. The Housing Committee may adopt from time to time such rules of procedure as it may deem neces- sary to properly exercise its powers and duties. Such rules shall be kept on file with the chairperson of the Housing Committee, the Mayor, and the City Clerk, and a copy thereof shall be famished to any person upon request. (Ord. 1722 (part), 1996: Ord. 1641 § 1 (part), 1994: Ord. 1576 § 1 (part), 1992) 2.86.130 Effect. Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council, Planning Commission or City officers. (Ord. 1641 § 1 (part), 1994: Ord. 1576 § 1 (part), 1992) "10-7 ccup~~o s-oil 2.88.010 Chapter 2.88 AUDIT COMMITTEE Sections: 2.88.010 Established-Composition. 2.88.020 At large member- Qualifications. 2.88.030 Terms of office. 2.88.040 Members-Vacancy prior to expiration of a term. 2.88.050 Chairperson. 2.88.060 Meetings. 2.88.070 Compensation-Expenses. 2.88.080 Majority vote required. 2.88.090 Records. 2.88.100 Duties-Powers- Responsibilities. 2.88.110 City staff assistance. 2.88.120 Procedural rules. 2.88.130 Effect. 2.88.010 Established-Composition. The Audit Committee of the City is established. The Audit Committee shall consist of five members as follows: A. Two City Council members; B. One staff member selected by the city manag- er, C. Two at large members who are not officials or employees of the City nor cohabit with, as de- fined by law, nor be related by blood or mamage to, any member of the committee, the City Manager or the staff person or persons assigned to the com- mittee. (Ord. 1874 § 1 (part), 2001: Ord. 1679 § 1 (part), 1995) 2.88.020 At large member-Qualifications. An Audit Committee at large member is not required to be a Cupertino resident. In selecting an at lazge member, the City Council may give priority to individuals who have substantial accounting, audit, or investment experience, preferably in con- nection with a governmental agency. (Ord. 1874 § 1 (part), 2001: Ord. 1679 § 1 (part), 1995) 2.88.030 Terms of office. A. Audit Committee members serve at the plea- sure of the City Council. The term of office of the members of the Audit Committee shall be for four years commencing on the date of their respective appointments to the Audit Committee and shall end on January 15th of the year the terms are due to expire. No Audit Committee member shall serve more than two consecutive terms unless he or she has been appointed to the committee to fill an unex- pired term of less than two years. B. The appointment, reappointment and rules governing incumbent members of the Audit Com- mittee are governed by Resolution No. 8828 of the City Council. (Ord. 1679 § 1 (part), 1995) 2.88.040 Members-Vacancy prior to expiration of a term. If a vacancy occurs other than by expiration of a term, it shall be filled by the City Council's ap- pointment for the unexpired portion of the term. (Ord. 1679 § 1 (part), 1995) 2.88.050 Chairperson. The committee shall elect its chairperson and vice chairperson from among its members and shall appoint a secretary. Terms of the chairperson and vice chairperson shall be for one year and shall begin on January 15th Upon approval of the City Council, the City Manager may appoint a secretary who need not be a member of the committee. (Ord. 1679 § 1 (part), 1995) 2.88.060 Meetings. A. The Audit Committee shall establish a regular time and place of meeting and rules of conduct thereof and shall hold at least one regular meeting quarterly. B. A majority of the Audit Committee shall constitute a quonun for the purpose of transacting the business of the committee. (Ord. 1679 § 1 (part), 1995) cc~P~~o s-oil 70-8 3.25.010 Chapter 3.25 SALE OF SURPLUS SUPPLIES AND EQUIPMENT Sections: 3.25.010 Adoption of sales system. 3.25.020 Surplus Sales Officer. 3.25.030 Centralized sales. 3.25.040 Notice of surplus status. 3.25.050 Surplus by auction only. 3.25.060 Bidding and payment. 3.25.070 Open market sales. 3.25.080 Sales to other public agencies. 3.25.090 Sales to officials, officers and employees of the City. 3.25.100 Transfers to certain public agencies and charitable corporations. 3.25.030 Centralized sales. A. To the extent that efficiency and fairness may best be achieved in the sales of surplus supplies and equipment of the City, the acceptance of all bids and the sales of ail depamment or agency surplus supplies and equipment shall be centralized under the Surplus Sales Officer. B. When the provisions and intent of this chap- ter may best be served by so doing, the Surplus Sales Officer may authorize, in writing, any depart- ment or agency of the City to investigate, solicit bids, or to negotiate the sale of surplus supplies and equipment of the department or agency, indepen- dently of the centralized sales system, provided that such actions shall be done in conformity with the procedures prescribed either by this chapter, or by duly adopted administrative rules and regulations pertaining thereto. (Ord. 808 (part), 1977) 3.25.040 Notice of surplus status. 3.25.010 Adoption of sales system. In order to establish efficient procedures for the sale of surplus supplies and equipment at the highest possible return, to exercise positive financial control over such sales, and to define clearly the authority for the administration of these functions, a surplus sales system is adopted. (Ord. 808 (part), 1977) 3.25.020 Surplus Sales Officer. The City Manager or appointee shall be and is appointed to perform the functions of the Surplus Sales Officer for the City and shall have the respon- sibility and authority to: A. Sell surplus supplies and equipment as may be required by any department or other agency of the City in accordance with procedures prescribed either by this chapter, or by such administrative rules and regulations as the Surplus Sales Officer may adopt pursuant thereto; B. Prepare and adopt administrative rules and regulations not in conflict with the provisions of this chapter for the purpose of carrying out the require- ments and intent of this surplus sales system. (Ord. 1061, 1980: Ord. 808 (part), 1977) All departments and agencies of the City shall notify the Surplus Sales Officer whenever it isdeter- minedthat such department or agencies have surplus supplies or equipment which should be sold. Said notification shall be a prerequisite to the sale of any surplus supplies and equipment. (Ord. 808 (part), 1977) 3.25.050 Surplus by auction only. A. Sales of surplus supplies and equipment which, in the opinion of the Surplus Sales Officer, have an estimated individual value of one thousand dollars or more, shall be made only by means of public auctions held under the authority and scrutiny of the Surplus Sales Officer. B. All such auction sales shall be with reserve, and the Surplus Sales Officer can withdraw the surplus items at any time prior to the completion of the sale. (Ord. 808 (part), 1977) 3.25.060 Bidding and payment. All sales of surplus supplies and equipment made by public auction, as set forth in Section 3.25.050, shall be to the highest bidder pursuant to the proce- dure hereinafter described: 97 (Cupertino 5-01) 3.25.060 A. Notices inviting bids shall be prepared, pub- lished once in a newspaper of general circulation published and circulated within the City, and distrib- uted to persons who have requested to be notified of such bidding opportunities. The notices shall contain a description of the items to be auctioned, shall state where and when the items may be viewed prior to the auction, and shall state the time and place of the auction. B. All sales must be completed on the day of the auction, and payment may be made only by cash, certified check, cashier's check or money order. C. On refusal or failure of the successful bidder to complete the sale as prescribed above, the sale may be made to the next highest bidder. (Ord. 808 (Part), 1977) 3.25.070 Open market sales. Surplus supplies and equipment may be sold on the open market by the Surplus Sales Officer with- out regard to formal bidding procedures set forth in Section 3.25.060 when, in his opinion, the individu- al estimated value of the supplies or equipment is less than one thousand dollars; provided, however, that, whenever practicable, price offers shall be solicited either orally or in writing and the sale made to the highest responsible bidder. (Ord. 808 (Part), 1977) 3.25.080 Sales to other public agencies. There is excepted from the provisions of this chapter sales of surplus supplies and equipment to any other public agency created under the laws of the state or the United States government. (Ord. 808 (part), 1977) 3.25.090 Sales to officials, officers and employees of the City. Officials, officers, and employees, when not otherwise prohibited by law, may purchase surplus supplies and equipment offered for sale under the provisions of this chapter. However, said purchases may oNy be made at public auction, unless other- wise authorized by the City Council. (Ord. 808 (part), 1977) 3.25.100 Transfers to certain public agencies and charitable corporations. A. Notwithstanding any other provision of this chapter to the contrary, the City Council may ap- prove the transfer of surplus supplies and equipment to a public agency or a charitable corporation with- out receipt of valuable consideration under the fol- lowing conditions: 1. The surplus supplies and equipment must be utilized only for the benefit of the residents of Cu- pertino; 2. The fair market value of said surplus supplies and equipment shall not exceed five thousand dol- lars. B. As used in this section, the term "charitable corporation" means a nonprofit corporation which is granted charitable status under the provisions of §501(c)(3) of the Internal Revenue Code. (Ord. 1869 § 1, 2001) (Cupertino 5-Ol) 98 9.04.120 9.04.120 Meat-Manufacturing requirements. It is unlawful for any person, firm or corporation, or agent or employee of any person, firm or corpo- ration to sell, offer for sale, distribute or have in possession for sale or distribution in the City any sausage or other meat food product unless the same has been manufactured or prepared in accordance with the laws of the State. (Ord. 4 Art. 2 § 11, 1955) 9.04.130 Violation-Penalty. Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12. (Ord. 1179 § 2 (part), 1982: Ord. 4 Art. 2 § 13, 1955) 209 (cupertino 5-oi> 9.06.010 Chapter 9.06 MASSAGE ESTABLISHMENTS AND SERVICES* Sections: 9.06.010 Purpose of provisions. 9.06.020 Definitions. 9.06.030 Exemptions. 9.06.040 Massage establishment license, massage therapist permit and managing employee permit- Required. 9.06.050 Massage establishment license, massage therapist permits and managing employee permits- Application. 9.06.055 Massage establishment license, massage therapist permits and managing employee permits- Submittal of documentation. 9.06.060 Massage establishment license, massage therapist permit and managing employee permit- Application fee. 9.06.065 Massage establishment license, massage therapist permit and managing employee- Expiration and renewal. 9.06.070 Massage establishment license, massage therapist permit and managing employee-Grounds for denial. 9.06.080 Massage establishment employees-Permit requirements. 9.06.110 Massage therapist permit- Criteria for issuance. 9.06.120 Massage therapist practical examination. 9.06.160 Annual medical examination for massage therapist. 9.06.180 Outcall massage permit- Application. 9.06.190 Outcall massage permit- Criteria. 9.06.193 Operating requirements for massage establishments. 9.06.196 Massage establishment sanitary conditions/condition of premises. 9.06.198 Prohibited acts. 9.06.200 Suspension or revocation- Grounds. 9.06.210 Suspension or revocation- Notice-Hearing. 9.06.220 Appeals. 9.06.230 Inspection by officials-Premises. 9.06.240 Violation-Public nuisance.. 9.06.250 Violation-Penalty. 9.06.260 Continuing violations- Alternative remedies. 9.06.270 Application to existing massage establishments and massage therapist. *Prior ordinance history: Ords. 1606, 1616, 1643 and 1712. 9.06.010 Purpose of provisions. A. It is the purpose and intent of this chapter to provide for the orderly regulation of massage thera- pists and massage establishments as defined in this chapter in the interest of public health, safety and welfaze by providing certain minimum qualifications for the operators of massage establishments and massage therapists. This chapter is adopted based on the following findings: 1. That the City has recognized the field of massage therapy as a viable professional field; 2. That the City wants to recognize and respect professional massage therapy organizations and qualified professionals; 3. The City also fords that the rules and regula- tions asdeveloped in this chapter strive for equality of all massage organizations and therapists while attempting to prevent serious objectionable charac- teristics which massage pazlor establishments may have created in the past. ~cuP~n;no s-oi> 210 9.06.010 B. It is intended that massage therapy is a pro- fession of the healing arts and subject to all zoning ordinances and regulations as may be required for professional uses. C. It is also intended that massage uses not regulated or exempted by this chapter are considered massage parlors thus regulated by the provisions in Chapter 19.104 regulating adult-oriented commercial activities. (Ord. 1875 Exh A (part), 2001) 9.06.020 Definitions. For the purpose of this chapter, unless the context cleazly requires a different meaning, the words are termed and phrased as set forth in this section and shall have the meaning given them in this section: "Corporate massage" means any massage of the neck, arms, shoulders and back azea above the waist where the client is fully clothed and done without the use of supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice. "License" means a license to operate a massage establishment as required by this chapter. "Managing employee" means any employee of a massage establishment who has been designated by the holder of the massage establishment license to manage the business in his/her absence. The man- aging employee may perform massages at the busi- ness only if he/she obtains and maintains in effect a massage therapist permit. "Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tap- ping, pounding, vibrating or stimulating the external parts of the human body with the hands, hot towels or with any mechanical or electrical apparatus or other appliances or devices with or without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similaz preparations; or by baths, not limited to vapor, electric tub, mineral fomentation, or any other type of bath. "Massage establishment" means any licensed establishment having a fixed place of business where any individual, firm, association, partnership, corporation, joint venture, or a combination of indi- viduals engages in, conducts, carries on or permits to be engaged in, conducted or carried on for con- sideration, massages or health treatments involving massage, including but not limited to any hot tub/sauna, relaxation or tanning establishment in which massage services are made available to cli- ents. "Massage therapist" means any person who has been granted a permit pursuant to this chapter and who administers massages, baths or health treat- ments involving massages or baths as the principal function to another person for any compensation whatsoever, and meeting the certain requirements established by this chapter. "Outcall massage service" means the engaging in or carrying on of massage for consideration at a location other than a licensed massage establish- ment. "Permit" means a permit to engage in activities of a massage therapist or a managing employee as required by this chapter. "Person" means any individual, firm, association, partnership, corporation, joint venture, or combi- nation of individuals. "Recognized school of massage" means any school or institute of learning which: 1. Requires a residence course of study of not fewer than one hundred hours within at least three months on the theory, ethics, history, practice, meth- ods, profession or work of massage, including the study of anatomy, physiology, and hygiene, and at least seventy-five hours of demonstration and prac- tice of massage, techniques, and which provides a diploma or certificate of graduation upon successful completion of such course of study or course work recognized by national professional massage or body therapy organizations; and 2. Has been approved pursuant to California Education Code Section 94311 or, if the school is not located in California, has complied with stan- dards commensurate with those required in said Sec- tion 94311; 3. Any school or institution of learning offering or allowing correspondence course credit not requir- 2.10-1 cc~p~~o s-oi~ 9.06.020 ing actual attendance at class, or courses of massage therapy not approved by the California Department of Education shall not be deemed a recognized school of massage. J. "Residential massage" means engaging in or carrying on of massage at a residence where the client either owns or rents the residence. (Ord. 1875 Exh. A (part), 2001) 9.06.030 Exemptions. A. A massage establishment license shall not be required for the following persons while engaging in the performance of the duties of their respective professions: 1. Physicians, surgeons, chiropractors or osteo- paths who are duly licensed to practice their respec- tive professions in the State of California while per- forming activities encompassed by such professional licenses; 2. Massage therapists while performing massage in the offices of a licensed physician, surgeon, chi- ropractor or osteopath and while under the direct supervision and medical recommendation of such licensed medical professional; 3. Nurses or physical therapists who are duly licensed to practice their professions in the State of California while performing activities encompassed by such professional licenses; 4. Trainers of any amateur, semiprofessional or professional athlete or athletic team; 5. Barbers or cosmetologists who are duly li- censed under Division Six of the State of Califor- nia's Business and Professions Code on performing a massage within the scope of the license and for which no separate or increased prices are charged; 6. Massages which are clearly incidental to the operation of a personal fitness training center, gym- nasium or health club may be permitted through the use permit for those operations as required in Chap- ters 19.56 and 19.72 of the Cupertino Municipal Code. A massage establishment license is not re- quired for the aforementioned businesses. The mas- sagetherapist described in this category will howev- er, berequired to obtain a massage therapist permit as set forth in this chapter, 7. Acupuncturists who are duly licensed to prac- tice their professions in the State of California while performing activities encompassed by such profes- sionallicense. Any State-licensed acupuncturist who provides massage services by any person not li- censed as anacupuncturist must obtain a massage establishment license as prescribed by this chapter. B. This chapter shall not apply to individuals ad- ministering massages or health treatment involving a massage to persons participating in singular oc- curring recreational events provided the following conditions are met: 1. Massage services are made equally available to all participants in the event; 2. The event is open to participation by the general public or significant segment of the public such as employees of sponsoring or participating corporations; 3. The massage services are provided at the site of the event either during, immediately preceding or immediately following the event; 4. The sponsors of the event have been advised of and have approved the provisions of massage services; S. The persons providing the massage services are not the primary sponsors of the event. (Ord. 1875 Exh. A (part), 2001) 9.06.040 Massage establishment license, massage therapist permit and managing employee permit- Required. It is unlawful for any person to engage in, con- duct or carry out in or upon any premises within the City the operation of a massage establishment with- out amassage establishment license obtained from the City Manager. In addition to a City business license, a separate establishment license shall be obtained for each separate massage establishment operated by such person. A massage establishment license shall be issued to any person who has com- plied with the requirements of this chapter and all other applicable provisions of this code unless grounds for denial of such license exist. The posses- sion of a valid massage establishment license does ~c~P~n;,,o s-oil 210-2 9.06.040 not authorize the possessor to perform work for which a massage therapist permit is required. It is unlawful to operate, establish or maintain a massage establishment while the license issued for such business has been suspended, revoked, or has ex- pired. No additional applications for licenses will be accepted for locations which are in the appeals process, until the existing license has expired, has been revoked, or has been surrendered by the appli- cant. (Ord. 1875 Exh. A (part), 2001) 9.06.050 Massage establishment license, massaged therapist permits and managing employee permits- Application. Any person desiring a license to operate a mas- sage establishment and/or a massage therapist or a managing employee permit shall submit an applica- tion to the City Manager. Within sixty working days following receipt of the completed application, the City Manager shall either issue the permit or mail a written statement of the reasons for denial thereof by certified mail. When necessary, the City Manager or his/her designee may extend the time in order to conduct a complete investigation. The application shall set forth the exact nature of the massage, bath or health treatment to be administered, and the location of the proposed place of business and facili- ties thereof. Each applicant is required to famish fingerprints for the purpose of establishing identifi- cation and/or criminal record. In addition, each applicant shall famish the following information: 1. The full name, including any nicknames or other names used presently or in the past, and the present street address and phone number of the applicants residence; 2. The previous address of the applicant for a period of three years immediately prior to the date of the application and the dates of each residence; 3. The applicant's date of birth; 4. The applicant's height, weight and color of eyes and hair; 5. License number and/or state identification number (if any) and Social Security number, 6. 'The applicant's two most recent employers, including their names, street addresses, cities and phone numbers, and the position of the applicant; 7. The names, street addresses and phone num- bers of any massage establishment or any other business involving massage, relaxation, or other related business by which the applicant has been employed within the past ten years, and the dates of employment; 8. Any criminal conviction on the part of the applicant for offenses other than traffic violations within the ten years preceding the date of the appli- cation; 9. Whether the applicant has ever had a license, certificate, permit, or other authorization to engage in the practice of massage or related business; whether the operation of a massage establishment, or other business engaged in the practice of mas- sage, was suspended or revoked within the ten years preceding the date of the application, and dates and reasons for any such suspensions or revocations, and the name and location of the jurisdiction or agency which suspended or revoked such license, certificate, permit or other authorization; 10. Whether the applicant, including applicant as a member of a corporation, business, or partnership, has ever operated or been employed at any business that has been the subject of an abatement proceeding under the California Red Light Abatement Act (Cal- ifornia Penal Code Sections 11225 through 11325) or any similar laws in other jurisdictions. If the applicant has previously worked at such a business, he/she should state on the application the name and address of the business, the dates on which the applicant was employed at such business, the name and location of the court in which the abatement action occurred, the applicable case number, and the outcome of the abatement action; 11. If the applicant is a partnership, the applica- tion shall set forth the names and street addresses of each general and limited partner, 12. If one or more partners are a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and 210-3 ccuP~~o s-oil 9.06.050 the full legal names and street addresses of each of its current officers and directors; 13. Whether the applicant has met the educational requirements set forth in this chapter (except for cases involving applications for massage establish- ments or managing employee permits, when the applicant has filed a statement under penalty of perjury that he/she will not personally give massages at the massage establishment); 14. Whether the applicant has previously applied to the City for a massage establishment permit, managing employee permit, or massage therapist permit, the date of the application and every name(s) under which the application was made; 15. In the case of an application for a massage establishment permit or managing employee permit, the proposed name and street address of the massage establishment, together with the name and street address of any other massage business operated or managed by the applicant, within the ten years preceding the date of the application; 16. In the case of an application for a massage establishment license or managing employee permit, whether the applicant intends to personally provide massage services at the business; 17. A statement under penalty of perjury that the applicant has not made any false, misleading, or fraudulent statements or omissions of fact in his/her application or any other documents required by the City to be submitted with the application; 18. The name and street address of the owner or renter and the lease holder of proposed premises of which application is made; 19. Acknowledgement by the applicant that any information contained within the application that may change during the validity of the permit or license will be provided to the City to maintain current records; 20. Authorization for the City, its agents and em- ployees, to seek information and conduct an investi- gation into the truth of the statements set forth in the application and into the background of the appli- cant and responsible managing officer, 21. Such other information as may be deemed necessary by the City Manager. (Ord. 1875 Exh. A (P~), 2001) 9.06.055 Massage establishment license, massage therapist permits and managing employee permits- Submittal of documentation. Applicants shall also submit the following infor- mation at the time of their application: A. A copy of an acceptable form of picture identification such as a driver's license or state identification card; B. Two recent identical color photographs of the applicant (similar to passport photographs); C. Documentation to prove that the applicant has a lawful right to work in the United States; D. Such other information as may be deemed necessary by the City Manager, E. In the case of an applicant for a massage therapist permit, a certificate from a physician, which includes the physician's street address and phone number, and states that the applicant is free from communicable diseases or other conditions which could interfere with his/her ability to engage in the practice of massage, to the public, in a safe and healthful manner. Communicable disease testing is required for hepatitis B and tuberculosis. The medical exam must have been completed within sixty days of the permit application; F. In the case of an applicant for a massage therapist permit, a diploma, certificate of graduation, transcripts, or other written proof acceptable to the City Manager or his/her designee that the applicant has met the educational requirements set forth in this chapter.. (Ord. 1875 Exh. A (part), 2001) 9.06.060 Massage establishment license, massage therapist permit and managing employee permit- Application fee. Any application for a license to operate a mas- sageestablishment and/or a massage therapist permit and managing employee permit shall be accompa- nied by a nonrefundable fee, as established by reso- (Cupadno 5-Ol) 210-4 9.06.060 lution of the City Council. The application fee shall be used to defray the cost of investigation and re- port, and is not made in lieu of any other fees or taxes required by the Cupertino Municipal Code. The application fee shall be paid at the time the application is submitted. (Ord. 1875 Exh. A (part), 2001) 9.06.065 Massage establishment license, massage therapist permit and managing employee-Expiration and renewal. A massage establishment license, massage thera- pist permit, and a managing employee permit shall be renewed every year. A renewal fee will be as- sessed for each permit being renewed. Applications for the renewal of establishment licenses must be submitted to the City Manager or his/her designee no later than sixty days prior to the expiration of such license or permit. There shall be no grace period for a massage establishment license, massage therapist permit, or managing employee permit should the aforementioned be allowed to expire. (Ord. 1875 Exh. A (part), 2001) 9.06.070 Massage establishment license, massage therapist permit and managing employee-Grounds for denial. A massage establishment license may be denied by the City Manager if one or more of the following are found: A. That the applicant made a material misstate- ment in the application for a license and/or permit; B. That the applicant or any officers or directors of the applicant has been convicted of: 1. An offense which requires registration pursu- ant to California Penal Code Section 290, or a viola- tion of Penal Code Sections 266(I), 311 through 311.7, 314, 315, 316, 318, 647(b) or (d), or equiva- lent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code Section 1203.4; 2. A prior offense which involves violation of CalifomiaHealth and Safety Sections 11351, 11352, 11358 through 11363, 11378 through 11380, 11054, 11056, 11057, 11058, any other violation(s) involy- ing illegal possession for sale, or sales of a con- trolled substance, or equivalent offenses under the laws of another jurisdiction, even if expunged pursu- ant to Penal Code Section 1203.4; 3. Any offense involving the use of force or violence upon another person; 4. Any offense involving sexual misconduct with children; 5. Any offense involving theft. C. That the operation of a massage establishment as proposed by the applicant, if permitted, would not comply with all applicable laws including but not limited to all City ordinances and regulations; D. That the operation of the proposed massage establishment is likely to be a hindrance to the health, safety, welfare or interest of the people of the City; E. That the applicant is lacking in the back- ground qualifications to conduct a bona fide mas- sage establishment; F. That the applicant has violated any provision of this chapter or any similar law, rule or regulation of another public agency which regulates the opera- tion of massage establishments. (Ord. 1875 Exh. A (part), 2001) 9.06.080 Massage establishment employees-Permit requirements. It is unlawful for any licensed massage establish- ment or managing employee to allow any person to perform massage, bath or health treatment for any compensation unless the person holds a valid mas- sage therapist permit. (Ord. 1875 Exh. A (part), 2001) 9.06.110 Massage therapist permit- Criteria for issuance. A massage therapist permit shall be issued to a person who meets the following criteria: A. Is a member in good standing of a State or nationally chartered organization devoted to the massage specialty and therapeutic approach; and B. Has completed one the following requirements: :? 10-5 (Cupertino 5-Ol) 9.06.110 1. Five hundred hours of instruction in a mas- sage specialty and therapeutic approach at a recog- Nzed school of massage; 2. Two hundred fifty hours of such instruction and an additional five hundred documented hours of practical experience in a massage specialty and therapeutic approach in one or a combination of the following: a. A primary office of and under the direct supervision of a medical professional licensed by the State of California, specifically a physician, surgeon, chiropractor, osteopath, physical therapist or nurse, while such medical professional is performing activ- ities encompassed by such license and is physically on the premises where the massage therapy is being administered; 3. Has taken and successfully passed the Nation- al Certification Examination administered by the National Certification Board for Therapeutic Mas- sage and Bodywork. The applicant must submit a current certificate with the application to satisfy this criteria. (Ord. 1875 Exh. A (part), 2001) 9.06.120 Massage therapist practical examination. The applicant shall take and pass a written test and practical performance examination administered through a medical practitioner approved by the City of Cupertino wherein the applicant has been re- quired to demonstrate a basic knowledge of anato- my, physiology, hygiene and massage. If the appli- cant fails the practical exam, he/she shall be permit- ted to retake the exam once, after at least thirty but no more than sixty days have elapsed from the date of the first exam, provided that the applicant pays the applicable exam fees for a second time. Should the applicant fail the exam a second time, the appli- cation shall be denied, and the applicant shall not be permitted to apply again for a massage therapist permit for a period of one year. (Ord. 1875 Exh. A (part), 2001) 9.06.160 Annual medical examination for massage therapist. A. Any person who has been issued a massage therapist permit shall file with the City Manager each year within sixty days of the anniversary date of the issuance of the permit an updated certificate from a medical doctor stating that the permittee massage therapist has, within sixty days immediately prior to the filing of the certificate, been examined and been found to be free of any contagious or communicable disease set forth in Section 9.06.OSSE. B. It is unlawful for any person who has neglect- ed, failed, or refused to file a certificate required by subsection A of this section to act as a massage therapist. Failure to submit the required certificate shall be grounds for revocation of the permit. (Ord. 1875 Exh. A (part), 2001) 9.06.180 Outcall massage permit- Application. An outcall massage permit may be issued only to a Cupertino-licensed massage therapist. In addition to the permitting criteria for massage therapist, as required in this chapter, an applicant must provide a list of all businesses and residences where the applicant will be performing outcall massage. The massage therapist must keep the City Manager or his/her designee, advised in writing of changes to said list. (Ord. 1875 Exh. A (part), 2001) 9.06.190 Outcall massage permit- Criteria. Outcall massage may be performed only under the following criteria: A. Corporate. 1. The massage treatment shall consist of "cor- porate" massage only as defined in Section 9.06.020; 2. Outcall "corporate" massage clients shall be owners and employees of the business at which the massage therapist will be performing massage. B. Residential. 1. The massage treatment shall consist of corporate massage oNy as defined in Section 9.06.020; 2. "Residential" massage clients must possess a referral from a licensed chiropractor or physician to cc~P~~o s-oi> 210-6 9.06.190 the effect that treatment in a licensed massage estab- lishment is not recommended. A record of every such referral shall be obtained and kept by the per- son rendering the services for a period of one year from date of referral. Such record shall show the name and address of the doctor, the date and any prescription number. (Ord. 1875 Exh. A (part), 2001) 9.06.193 Operating requirements for massage establishments. Unless otherwise specified in this chapter, all massage establishments shall comply with the fol- lowing operating requirements: A. Exterior Signs. A recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. In addition, the sign shall comply with the City sign ordinance. B. Posting of Massage Establishment License, Massage Therapist Permit, and Managing Employee Permit. A copy of the massage establishment li- cense, massage therapist permit(s), and managing employee permit(s), shall be posted in a conspicuous place in such a manner that it can easily be seen by persons entering the establishment. Passport size photographs shall be affixed to the respective mas- sage therapist permit(s) and managing employee permit(s) on display. C. Designation of Managing Employee. If the holder of the massage establishment license does not personally manage the business during all hours of operation, he/she shall designate one or more man- aging employee(s) who shall be in charge of the operation of the business during his/her absence. If the managing employee(s) will personally provide massages at the business, he/she must obtain a mas- sage therapist permit. D. Posting of Services Available and Fees. A list of all services available, the price thereof and the length of time each service shall be performed, shall be posted or available in a conspicuous place in such a manner that it can easily be seen by persons entering the establishment. No other services, other than those posted, shall be provided. E. Payment/Tips. Payment for massage services, and any tips, shall be paid for at the designated reception area of the business establishment. F. Alcohol Prohibited. No alcoholic beverages may be located on the premises of the massage establishment while the business is open for the practice of massage. G. Maintain Written Records. Every massage establishment shall keep a written record of the date and hour of each service provided, the name and ad- dress of each patron and the service received, and the name of the massage therapist administering the service. Such records shall be open to inspection only by officials of the Ciry charged with enforce- ment of this chapter. These records may not be used for any other purpose than as records of service provided and may not be provided to other parties by the massage establishment or service unless otherwise required by law. Such records shall be retained on the premises of the massage establish- ment for a period of two years. H. Standard of dress for massage establishment employees. The holder of the massage establishment permit, massage therapists, managing employees, and all other employees of the massage establish- ment shall remain fully clothed in clean outer gar- ments while on the premises of the massage estab- lishment. At a minimum such clothing shall be made of nontransparent material and shall not ex- pose the buttocks, genital area or breasts of any employee or permit holder at any time. I. Operating, Hours. No massage establishment shall be kept open for business and no massage therapist shall administer massages after the hour of ten p.m. or before the hour of seven a.m. Operating hours may be further restricted by the City Manager pursuant to Section 9.06.200. J. Mirrors Prohibited. In general, mirrors are prohibited in rooms where massage are performed; however, one full length or small mirror may be mounted vertically to the wall, not less than twenty inches from the floor. K. Lighting Required. Massage establishments will bewell-lighted at all times during business hours. Rooms where massage services are provided .! 10-7 (Cupertino 5-Ol ) 9.06.193 will be adequately lighted when occupied. (Ord. 1875 Exh. A (part), 2001) 9.06.196 Massage establishment sanitary conditions/condition of premises. A. Required Maintenance of Massage Establish- ment. All premises and facilities of the massage establishment shall be maintained in a clean and sanitary condition and shall be thoroughly cleaned after each day of operation. The premises and facili- ties shall meet applicable code requirements of the city, including but not limited to those related to the safety of structures, adequacy of the plumbing, heating, ventilation, and waterproofing of rooms in which showers, water, or steam baths are used. B. Linens. All massage establishments shall pro- vide clean laundered sheets, towels, and other linen in sufficient quantity for use by their clients. Such linens shall be laundered after each use and stored in a sanitary manner. No common use of linens or towels shall be permitted. Heavy white paper may be substituted for sheets on massage tables, provided such paper is used only once for each client and is then discarded into a sanitary receptacle. Containers shall be provided for the storage of all soiled linens. C. Privacy Standards for Massage Rooms, Dress- ing Rooms, and Restrooms. Dressing rooms and restrooms may only be used by clients of the same sex at the same time. The massage establishment shall provide doors for all dressing rooms, and massage rooms. Draw drapes, curtain enclosures, or accordion-pleated enclosures aze acceptable in lieu of doors for dressing rooms and massage rooms. (Ord. 1875 Exh. A (part), 2001) 9.06.198 Prohibited acts. A. Touching of Sexual and Genital Parts of Client During Massage. No holder of a massage establishment license, massage therapist permit, managing employee permit, or any other employee of a massage establishment shall place either his/her hand or hands upon, or touch with any part of his/her body, or with a mechanical device, a sexual or genital part of any other person in the course of a massage, or massage a sexual or genital part of any other person. Sexual and genital parts shall include the genitals, pubic azea, anus, or perineum of any person. B. Uncovering and Exposure of Sexual and Genital Parts of Client Before, During or After Massage. No holder of a massage establishment license, massage therapist permit, managing employ- ee permit, or any other employee of a massage establishment shall uncover and expose the sexual or genital parts of a client or themselves while en- gaged in the practice of massage, or before or after a massage. This subsection does not prohibit a client from turning over in the course of a massage, pro- vided the massage therapist holds a towel, sheet, blanket, or other drape over the client to protect his/her genital and sexual parts from exposure. If the client exposes the genital azea, the therapist shall immediately direct the client to cover him/herself. If the client refuses to comply, the massage therapist shall inform the client that no further massage will be provided and the client will be asked to leave the premises. If the client refuses to leave the premises, the massage therapist must immediately leave the room and notify the managing employee. C. Outcall Massage Services. It is unlawful for any massage establishment or massage therapist to provide outcall massage services within the City. unless it occurs at the client's residence, and the client possesses a referral from a licensed chiroprac- tor or physician stating that the treatment in a li- censed massage establishment is not recommended and the medical reason why it is not recommended, or at a business establishment in which clients shall be owners and employees of the business and the massage treatment consists of a "corporate massage" as defined in Section 9.06.020. A record of every such referral shall be obtained and kept by the mas- sage therapist rendering the service for a period of one yeaz from the date of referral. Such record shall show the full legal name and street address of the doctor or chiropractor, the date, and any prescription number. Massage therapists providing outcall mas- sage must comply with all provisions of this chap- ter. (Cupertino 5-01) 210_8 9.06.198 D. Transfer of Massage Establishment License, Massage Therapist Permit and Managing Employee Permit. No pernut issued pursuant to this chapter shall be transferred or assigned in any matter, whether by authorization of law or otherwise, from any location to location or from person to person, except that a person possessing a massage therapist permit, issued by the City, shall be able to move from one employer to another without filing a new application or paying a new fee, so long as the permit holder notifies the City Manager or his/her designee, in writing, of the change in his/her em- ployment within five days of such change. Failure to make this notification within five days shall be grounds for suspension, revocation, or denial of the permit. (Ord. 1875 Exh. A (part), 2001) nied, suspended or revoked may appeal the adminis- trative decision of the City Manager, or designated representative, by filing a written notice of appeal with the City Clerk within five working days after receipt of notice of the decision. Such appeal shall be heard 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 hearing, the City Council shall not be limited by the technical rules of evidence. Any person requesting an appeal shall pay a nonrefundable fee set forth in the City fee schedule at the time of filing the appeal. (Ord. 1875 Exh. A (Part), 2001) 9.06.200 Suspension or revocation- Grounds. Any license or permit issued under this chapter may be suspended or revoked by the City Manager for any reason which would justify the refusal to grant a license or permit originally. (Ord. 1875 Exh. A (part), 2001) 9.06.210 Suspension or revocation- Notice-Hearing. The holder of the license or permit shall be given prompt notice of revocation or suspension of the license or permit and shall immediately desist from engaging in the activity. The notice shall fix a time and place, not less than five or more than thirty days after service thereof, at which time the holder of the license or permit may appear before the City Manager and be granted a hearing upon the merits of such suspension or revocation. If after such hear- ing the license or permit is ordered revoked, the holder shall have the right to appeal such action to the City Council in accordance with Section 9.06.220 of this chapter.- (Ord. 1875 Exh. A (part), 2001) 9.06.220 Appeals. Any person whose license or permit has been de- 9.06.230 Inspection by officials-Premises. Any and all investigating officials of the City shall have the right to enter massage establishments from time to time during regular husiness hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to ascertain compliance with the provisions of this chapter. A warrant shall be obtained whenever required by law. (Ord. 1875 Exh. A (Part), 2001) 9.06.240 Violation-Public nuisance. Violations of any provisions of this chapter con- stitutes apublic nuisance which may be abated pursuant to Chapter 1.09 of the Cupertino Municipal Code. (Ord. 1875 Exh. A (part), 2001) 9.06.250 Violation-Penalty. Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12 of the Cupertino Municipal Code. (Ord. 1875 Exh. A (part), 2001) 9.06.260 Continuing violations- Alternative remedies. Nothing in this chapter shall be deemed to pre- 210-8a cc~~moo s-ou 9.06.260 vent the City Council from directing the City Attorney to commence civil action to enjoin the continued violation of any provisions of this chapter or to abate a nuisance, as an alternative, or in conjunction with any other civil or criminal pro- ceedings provided for herein. (Ord. 1875 Exh. A (Part), 2001) 9.06.270 Application to existing massage establishments and massage therapist. A. The provisions of this chapter shall become applicable to massage establishments and persons engaged in the practice of massage which lawfully existed prior to the effective date of the ordinance codified in this chapter. B. In order to comply with this chapter, each owner of a massage establishment shall comply with the provisions of this chapter within sixty days of the adoption, and each massage therapist must com- ply within ninety days of adoption. (Ord. 1875 Exh. A (Part), 2001) (Cupertino 5-Ol) 210-8b 10.44.150 Attomey and all other City officers charged with carrying out any responsibilities under this chapter. However, where the Director of Community Devel- opment learns of the facts justifying revocation within twenty-four hours of the event, he or she shall announce the decision to revoke the permit at the site of the event. Thereafter, the Director of Community Development shall deliver written no- tice of such action to the permittee, the City Manag- er, the Mayor and the City Attomey. D. Hearing on Revocation. The permittee shall have a right to a hearing before the City Council at its first regular or adjourned regular meeting on or after the day following the filing of a notice appeal- ing the revocation, provided that the event is sched- uled at least forty-eight hours after the notice of appeal is filed. The City Council shall issue a final decision orally at the conclusion of the hearing and shall also notify the permittee in writing of its deci- sion. E. Content of Notice of Revocation. Any notifi- cation of action by the Director of Community Development taken pursuant to this section, whether oral or written, shall describe with particularity the facts and reasons for the decision. (Ord. 1731 (part), 1996; Ord. 1628 § 1 (part), 1993) 10.44.160 Emergency suspension of authorized event. The Director of Community Development shall temporarily suspend an event authorized by a permit whenever there is a fire or other emergency that requires the event to be temporarily suspended to protect public safety. When an event is temporarily suspended pursuant to this section, the Director of Community Development shall notify in writing the applicant, the City Manager, the Mayor and the City Attomey within twenty-four hours after the suspen- sion, describing with particularity the facts and the reasons for the suspension. (Ord. 1731 (part), 1996: Ord. 1628 § 1 (part), 1993) 10.44.180 Violation-Misdemeanor. Any violation of the provisions of this chapter, including any violation of the terms of a permit approved and issued in the manner provided by this chapter, shall be unlawful and punishable as a mis- demeanor. (Ord. 1628 § 1 (part), 1993) 265 ccup~~o s-oil 10.48.010 Chapter 10.48 COMMi1NITY NOISE CONTROL* Sections: 10.48.010 Definitions. 10.48.011 Notice of violation. 10.48.012 Violation-Penalty. 10.48.013 Multiple section application. 10.48.014 Other remedies. 10.48.020 Lead agency/official. 10.48.021 Powers of the Noise Control Officer. 10.48.022 Duties of the Noise Control Officer. 10.48.023 Duties and responsibilities of other departments. 10.48.029 Homeowner or resident- conducted construction work exception. 10.48.030 Emergency exception. 10.48.031 Special exceptions. 10.48.032 Appeals. 10.48.040 Daytime and nighttime maximum noise levels. 10.48.050 Brief daytime incidents. 10.48.051 Home maintenance activities. 10.48.052 Outdoor public events. 10.48.053 Grading, construction and demolition. 10.48.054 Interior noise in multiple- family dwellings. 10.48.055 Motor vehicle idling. 10.48.056 Noise from registered motor vehicles. 10.48.057 Noise from off-road recreational vehicles. 10.48.060 Noise disturbances. 10.48.061 Animals and birds. 10.48.062 Nighttime deliveries and pickups. •Prior ordinance history: Ords. 1022, 1066, 1107, 1149, 1179 and 1278. 10.48.010 Definitions. For purposes of this chapter. "Commercial azea" means commercially-zoned property as defined in the community zoning ordi- nance. "Commercial establishment" means any store, factory, manufacturing or industrial plant used for the sale, manufacturing, fabrication, assembly or storage of goods, wares and merchandise. "Construction" means any site preparation, assem- bly, erection, repair, substantial alteration, or similaz action, of public or private property, rights-of--way, structures, utilities or similaz property, including vehicle pick-up or delivery of construction materials or demolition debris but excluding demolition and grading. "Daytime" means the period from seven a.m. to eight p.m. on weekdays, and the period from nine a.m, to six p.m. on weekends. "Decibel (dB)" means a unit for measuring rela- tive sound pressure, logarithmically referenced to a pressure of twenty micronewtons per squaze meter. "Demolition" means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of--way surfaces, or similar property. "Emergency" means any occurrence or set of circumstances involving actual or imminent physical danger, crisis, trauma, or property damage which demands immediate action. "Emergency work" means any work performed for the purpose of preventing or alleviating the physical danger, trauma, or property damage threat- ened or caused by an emergency, or restoration of conditions and property to their status prior to the emergency. "Holidays" means the following days: New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day. "Industrial area" means industrially-zoned proper- ty asdefined in the community zoning ordinance. "Muffler" means a device for reducing or dissi- pating the sound of escaping gases, or other types of noise, from a mechanical device or engine. "Multiple-family dwelling unit" means a residen- tial structure containing separate living quarters for cc~~~o s-oi> 266 10.48.010 two or more families, each unit with similaz and common access to the outside. "NCO" means noise control officer. "Nighttime" means periods of weekdays from eight p.m. to twelve midnight, and from midnight to seven a.m., and periods on weekends from six p.m. to midnight and from midnight to nine a.m. "Noise" means any sound which annoys or dis- turbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. "Noise Control Officer (NCO)" means the munic- ipal agency, department or individual having lead responsibility for implementation and enforcement of this chapter, as designated by the City Manager and approved by the City Council. "Noise disturbance" means any sound which: 1. Endangers or injures the safety or health of humans or animals; or 2. Annoys or disturbs a reasonable person of normal sensitivities; or 3. Endangers or damages personal or real prop- erty. "Noise level" means the same as sound level. "Nonresidential area" means land zoned for other than residential uses, such as commercial, profes- sional office, industrial or public, as defined in the zoning ordinance, but not including publicrights-of- way. "Person" means any individual, association, part- nership, corporation, or public agency, and includes any associated officer, employee or department. "Property boundazy" means an imaginazy line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person. "Public area" means any property or structures thereon which aze owned, utilized, or controlled by a govemmental entity. "Public right-of--way" means any street, avenue, boulevazd, highway, parkway, alley or similaz place which is owned or controlled by a governmental entity. "Residential azea"means residentially zoned land as defined in the community zoning ordinance. "Sound" means a rapid variation in air pressure, which, because of its magnitude and frequency, can be heard by a human with average hearing ability. "Sound level" means the maximum continuous or repeated peak value measured by the use of a sound level meter and the "A" weighting network, as spec- ified in American National Standazds Institute speci- fications for sound level meters (ANSI S1.4 - 1971, or the latest revision). The reading obtained in deci- bels is designated dBA. If the meter response chaz- acteristic is not indicated, "SLOW 'response shall be used. "Sound level meter" means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound levels, and meets American National Standards Institute specification S 1.4 - 1971, or latest revision, for Type 1, Type 2 or Type 2A operation. "Weekday" means any day, Monday through Friday, that is not one of the holidays. "Weekend" means Saturdays and Sundays that are not holidays. "Vehicular deliveries or pickups" means the delivery or pickup or the arrival for the delivery or pickup of goods, wares, merchandise and waste material by the use of motor vehicles, including, but not limited to, the operation of motorized commer- cial ground-sweeping or waste-removal machinery, whether portable orself-propelled. (Ord. 1871 (part), 2001) 10.48.011 Notice of violation. Except in the case where there is clear evidence that a person is acting in good faith and with all deliberate speed to comply with provisions of this chapter after a verbal or written warning of a viola- tion, the continuing violation shall be cause for either a citation, complaint, or an abatement order to be issued by the Noise Control Officer, or other responsible official. (Ord. 1871 (part), 2001) 10.48.012 Violation-Penalty. Any person who violates the provisions of this 2 f 7 (Cupertino 5-01) 10.48.012 chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.12. (Ord. 1871 (part), 2001) 10.48.013 Multiple section application. In the event that more than one section of this chapter apply generally and simultaneously to a given noise source or incident, the least restrictive regulation shall be in effect, and the most restrictive limit shall not be invoked, except as sources and incidents are specifically identified in the most restrictive limit which is applicable. (Ord. 1871 (part), 2001) 10.48.014 Other remedies. No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law. The provisions of this chapter are not intended to affect in any manner, violations or arrests of persons for a violation of Section 415 of the California Penal Code or any other provision of State law. The unavailability of a sound level meter to enforce the provisions of this chapter does not preclude the enforcement of any provision of State law. (Ord. 1871 (part), 2001) 10.48.020 Lead agency/official. The noise control program established by this chapter shall be administered by and the respon- sibility of, the Noise Control Officer (NCO). (Ord. 1871 (part), 2001) 10.48.021 Powers of the Noise Control Officer. In order to implement and enforce this chapter and for the general purpose of noise abatement and control, the NCO shall have, in addition to any other vested authority, the power to: A. Review of Public and Private Projects. Re- view of public and private projects, subject to man- datory review or approval by other departments, for compliance with this ordinance, if such projects are likely to cause noise in violation of this chapter, B. Inspections. Upon presentation of proper credentials and with permission of the property owner or occupant, enter and investigate a potential ordinance violation on any property or place, and inspect any report or records at any reasonable time. If permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this chapter may exist. Such inspection may include administration of any necessary tests. (Ord. 1871 (part), 2001) 10.48.022 Duties of the Noise Control Officer. In order to implement and enforce this chapter ef- fectively, the NCO shall within a reasonable time after the effective date of the ordinance codified in this chapter: A. Guidelines, Testing Methods and Procedures. Develop and promulgate guidelines, testing methods and procedures as required. Any noise measurement procedure used in enforcement of this chapter which tends to underestimate the actual noise level of the source being measured shall not invalidate the en- forcement action; B. Investigate and Pursue Violations. In conso- nance with provisions of this chapter, investigate and pursue possible violations; C. Delegation of Authority. Delegate functions, where appropriate under this chapter, to other per- sonnel and to other departments, subject to approval of the City Manager. (Ord. 1871 (part), 2001) 10.48.023 Duties and responsibilities of other departments. A. Departmental Actions. All City departments shall, to the fullest extent consistent with other law, carry out their programs in such a manner as to further the policy and intent of this chapter. B. Project Approval. All departments whose duty it is to review and approve new projects, or changes to existing projects, that may result in the produc- tion of disturbing noise, shall consult with the NCO prior to any such approval. ~c~P~,apo s-oi> 268 10.48.023 C. Contracts. Any written contract, agreement, purchase order, or other instnunent whereby the City is committed to the expenditure of five thou- sand dollars or more in return for goods or services, and which involves noise-producing activities, shall contain provisions requiring compliance with this chapter. (Ord. 1871 (part), 2001) 10.48.029 Homeowner or resident-conducted construction work exception. Construction conducted by the homeowner or resident of a single dwelling, using domestic con- struction tools is allowed on holidays between the hours of nine a.m. and six p.m. (Ord. 1871 (part), 2001) 10.48.030 Emergency exception. The provisions of this chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work (Ord. 1871 (part), 2001) 10.48.031 Special exceptions. A. The NCO shall have the authority, consistent with this section, to grant special exceptions which may be requested. B. Any person seeking a special exception pur- suant to this section shall file an application with the NCO. The application shall contain information which demonstrates that bringing the source of sound, or activity for which the special exception is sought, into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Prior to issuance of an exception, the NCO shall notify owners and/or occupants of nearby properties which may be affected by such exceptions. Any individual who claims to be adversely affected by allowance of the special exceptions may file a statement with the NCO containing any information to support his claim. If the NCO fmds that a sufficient controversy exists regarding an application, a public hearing may be held. C. In determining whether to grant or deny the application, the NCO shall balance the hardship to the applicant, the community, and other persons of not granting the special exception against the ad- verse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impacts of granting the special exception. Applicants for special excep- tions and persons contesting special exceptions may be required to submit any information the NCO may reasonably require. In granting or denying an appli- cation, the NCO shall place on public file a copy of the decision and the reasons for denying or granting the special exception. D. Special exceptions shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special exception shall not become effective until all conditions are agreed to by the applicant. Noncom- pliance with any condition of the special exception shall terminate it and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which the special exception was granted. E. Application for extension of time limits speci- fied in special exceptions or for modification of other substantial conditions shall be treated like applications for initial special exceptions under subsection B of this section. (Ord. 1871 (part), 2001) 10.48.032 Appeals. Appeals of any decision of the NCO shall be made to the City Council. (Ord. 1871 (part), 2001) 10.48.040 Daytime and nighttime maximum noise levels. Individual noise sources, or the combination of a group of noise sources located on the same prop- erty, shall not produce a noise level exceeding those specified on property zoned as follows, unless spe- cificallyprovided in another section of this chapter: 269 cc~P~,,.uo s-oi~ 10.48.040 Land Use at Locatlon Maximum Noise Level of Complaint on Receiving Property Nighttime Daytime Residential 50 dBA 60 dBA Nonresidential 55 dBA 65 dBA (Ord. 1871 (part), 2001) 10.48.050 Brief daytime incidents. A. During the daytime period only, brief noise incidents exceeding limits in other sections of this chapter are allowed; providing, that the sum of the noise duration in minutes plus the excess noise level does not exceed twenty in a two-hour period. For example, the following combinations would be allowable: Noise Increment Above Noise Duration in Normal Standard 2-Hour Period 5 DBA 15 minutes 10 dBA 10 minutes 15 dBA 5 minutes 19 dBA 1 minute B. For multifamily dwelling interior noise, Sec- tion 10.48.054, the sum of excess noise level and duration in minutes of a brief daytime incident shall not exceed ten in any two-hour period, measured at the receiving location. C. Section 10.48.OSOA does not apply to Section 10.48.055 (Motor Vehicle Idling). (Ord. 1871 (part), 2001) 10.48.051 Home maintenance activities. Daytime use of motorized equipment for home and yard maintenance activities is exempted from the limits of Section 10.48.040; provided, that rea- sonable efforts are made by the user to minimize the disturbance to nearby residents by, for example, installation of appropriate mufflers or noise baffles, running equipment only the minimal period neces- sary, and locating equipment so as to generate mini- mum noise levels on adjoining properties. (Ord. 1871 (part), 2001) 10.48.052 Outdoor public events. A. Outdoor events open to the general public on nonresidential property, such as parades, rallies, fairs, concerts and special sales and promotional events, involving generation of noise levels higher than would normally occur, by use of the human voice, public address systems, musical instnlments, electronic amplification systems, and similar sound- producing activities, aze allowed upon obtaining an appropriate permit from the city, and subject to the following general limitations: 1. The event shall not produce noise levels above seventy dBA on any residential property for a period longer than three hours during daytime. 2. The event shall not produce noise levels above sixty dBA on any residential property during the period from eight p.m. to eleven p.m., and above fifty-five dBA for any other nighttime period. 3. Continuous or repeated peak noise levels above ninety-five dBA shall not be produced at any location where persons may be continuously ex- pOSed. B. The conditions imposed upon the event or activity in the permit issued by the City, regarding maximum noise level, location of noise sources, or duration of activity, for example, may be more limiting than this section, to protect certain individu- als, azeas or neazby activities which would otherwise be disturbed, and these permit conditions, when in conflict with this section, are overriding. (Ord. 1871 (Part), 2001) 10.48.053 Grading, construction and demolition. A. Grading, construction and demolition activi- ties shall be allowed to exceed the noise limits of Section 10.48.040 during daytime hours; provided, that the equipment utilized has high-quality noise muffler and abatement devices installed and in good condition, and the activity meets one of the follow- ing two criteria: 1. No individual device produces a noise level more than eighty-seven dBA at a distance of twenty- five feet (7.5 meters); or 2. The noise level on any nearby property does not exceed eighty dBA. ~cuP~~o s-ol> 270 10.48.053 B. Notwithstanding Section 10.48.053A, it is a violation of this chapter to engage in any grading, street construction, demolition or underground utility work within seven hundred fifty feet of a residential area on Saturdays, Sundays and holidays, and during the nighttime period, except as provided in Section 10.48.030. C. Construction, other than street construction, is prohibited on holidays, except as provided in Sections 10.48.029 and 10.48.030. D. Construction, other than street construction, is prohibited during nighttime periods unless it meets the nighttime standards of Section 10.48.040. E. The use of helicopters as a part of a construc- tion and/or demolition activity shall be restricted to between the hours of nine a.m. and six thirty p.m. Monday through Friday only, and prohibited on the weekends and holidays. The notice shall be given at least twenty-four hours in advance of said usage. In cases of emergency, the twenty-four hour period may be waived. (Ord. 1871 (part), 2001) 10.48.054 Interior noise in multiple-family dwellings. Noise produced in any multiple-family dwelling unit shall not produce a noise level exceeding 45 dBA five feet from any wall in any adjoining unit during the period between seven a.m. and ten p.m., or exceeding 40 dBA during hours from ten p.m. to seven a.m. the following day. (Ord. 1871 (part), 2001) 10.48.055 Motor vehicle idling. Motor vehicles, including automobiles, trucks, motorcycles, motor scooters and trailers or other equipment towed by a motor vehicle, shall not be allowed to remain in one location with the engine or auxiliary motors running for more than three minutes in any hour, in an area other than on a public right-of--way, unless: A. The regular noise limits of Section 10.48.040 are met while the engine and/or auxiliary motors are running; or B. The vehicle is in use for provision of police, fire, medical, or other emergency services. (Ord. 1871 (part), 2001) 10.48.056 Noise from registered motor vehicles. A. It is a violation of this chapter to own or operate a motor vehicle, including automobiles, trucks, motorcycles and other similaz devices of a type subject to registration, as defimed in California Vehicle Code, which has a faulty, defective, deterio- rated, modified, replaced, or no exhaust and/or muffler system, and which produces an excessive and disturbing noise level, as defined in California Vehicle Code Sections 27150 and 27151. B. The Stationary Vehicle Test Procedure, as adopted by the California Highway Patrol, may be utilized as prima facie evidence of violation of this section. (Ord. 1871 (part), 2001) 10.48.057 Noise from off-road recreational vehicles. It is a violation of this chapter to own or operate: A. Any off-road recreational vehicle, including all-terrain vehicles, dirt bikes, dune buggies and other similaz devices, as defined in Division 16.5 of the California Vehicle Code, which has a faulty, defective, deteriorated, modified, replaced, or no exhaust and/or muffler system, and which produces an excessive and disturbing noise level, as specified in California Vehicle Code Section 38365; B. Any off-road recreational vehicle producing a noise level: 1. Exceeding ninety-eight dBA within twenty inches of any component at an intermediate engine speed of two thousand to four thousand revolutions per minute in a stationary position; or 2. Exceeding eighty dBA under any condition of acceleration, speed, grade, and load at a distance of fifty feet. At greater or lesser measurement dis- tances, the maximum noise level changes by four dB for each doubling or halving of distance. The sound level meter shall be set for FAST response for this measurement. (Ord. 1871 (part), 2001) 271 (Cupertino 5-Ol) 10.48.060 10.48.060 Noise disturbances. No person shall unreasonably make, continue, or cause to be made or continued, any noise distur- bance as defined in Section 10.48.010. (Ord. 1871 (part), 2001) 10.48.061 Animals and birds. It is unlawful and a nuisance for any person to keep, maintain or permit upon any lot or parcel of land within the City under his control any animal, including any fowl, which by any sound or cry shall habitually disturb the peace and comfort of any person in the reasonable and comfortable enjoyment of life or property. (Ord. 1871 (part), 2001) 10.48.062 Nighttime deliveries and pickups. It is unlawful and a nuisance for any person to make or allow vehicular deliveries or pickups to or from commercial establishments (defined as any store, factory, manufacturing, or industrial plant used for the sale, manufacturing, fabrication, assem- bly or storage of goods, wares and merchandise) by the use of private roads, alleys or other ways located on either side or the back of any building housing the commercial establishment where such private road, alley or other way lies between the building and any adjacent pazcel of land zoned for residential purposes, between the hours of eight p.m. and eight a.m. weekdays (Monday through Friday) and six p.m. and nine a.m. on weekends (Saturday and Sunday) and holidays except as may be permitted under Section 10.48.029. (Ord. 1871 (part), 2001) ~~P~~a s-oi) 272 11.08.210 If the passenger is a minor weighing forty pounds or less, the seat shall have adequate provision for retaining the minor in place and for protecting the minor from the moving parts of the bicycle. (Ord. 1420 (part), 1987) 11.08.220 Carrying articles. No person operating a bicycle shall carry any package, bundle or article which prevents the opera- tor from keeping at least one hand upon the handle- bars. (Ord. 1420 (part), 1987) and use of vehicles and bicycles with respect to them, so long as the same are consistent with this chapter. Before such a sign is erected, the subject bicycle lane shall be designated on such streets by an approved painting or sign, or in such other man- ner asthe City Manager shall determine will provide sufficient notice of the existence of such bicycle lane. When such a painting or sign is in place, no person shall disobey it. DESIGNATION OF BICYCLE LANES 11.08.230 Motor vehicles and motorized bicycles in bicycle lanes. A. Whenever a bicycle lane has been established on a roadway pursuant to Section 21207 of the California Vehicle Code, any person operating a motor vehicle on such roadway shall not drive in the bicycle lane except to park where parking is permitted, to enter or leave the highway, or to pre- pare for a turn. B. This section does not prohibit the use of a motorized bicycle in a bicycle lane pursuant to Section 21207.5 of the California Vehicle Code; provided, that no person shall operate a motorized bicycle upon a bicycle lane at a speed greater than is reasonable or prudent having due regard for visi- bility and the traffic on, and the surface of> the bicycle lane, and in no event in a manner which endangers the safety of bicyclists utilizing the bicy- cle lane. (Ord. 1420 (part), 1987) 11.08.240 Impoundment. The City may impound and retain possession of any bicycle in violation of the provisions of this chapter, and may retain possession of such bicycle until the provisions of this chapter are complied with. In addition, a Erne may be imposed for any violation of this chapter pursuant to Section 11.08.310. (Ord. 1420 (part), 1987) 11.08.250 Bicycle lanes-Designated. The City Manager, upon approval of the City Council, is authorized to erect or place signs upon any street in the city indicating the existence of a bicycle lane, and otherwise regulating the location Street Description Side Foothill Boulevard Freeway 280 to Stevens Creek Both Boulevard Bubb Road Stevens Creek Boulevard to Rainbow Both Drive Mary Avenue Meteor to Stevens Creek Boulevazd Both Stelling Road Homestead Road to Rainbow Drive Both Kim Street Kirwin lane to Bollinger Road Both Blaney Avenue Homestead to Stevens Creek Both Boulevard Tantau Ave Homestead Road to Stevens Creek Both Boulevard Homestead Road Grant Road to Swallow Drive Both Pntneridge Avenue Wolfe Road to Tantau Avenue Both Mariam Avenue De Anna Boulevard to Merritt Drive Both Valloo Parkway Wolfe Road to Tantau Avenue Both McClellan Road Byrne Avenue to Stelling Road Both Bollinger Road Miller Avenue to Narciso Court Both Rainbow Drive Stelling Road to DeAnza Boulevard Both (Saratoga-Sunnyvale Road) Stevens Creek East City Limit to the West Both Boulevard City Limit De Anza Boulevard Homestead Road to State Route 85 Both South Stelling Road Homestead Road to Prospect Road Both Prospect Road Stelling Road to De Anza Boulevard Both Miller Avenue Calle De Barcelona To Bollinger Road Both Wolfe Rand Homestead Road to Stevens Creek Boulevard Both Foothill Boulevard Interstate Route 280 to McClellan Road Both (Ord. 1873, 2001; Ord. 1870, 2001; Ord. 1856, 2000; Ord. 1848, 2000; Ord. 1766, 1997; Ord. 1759, 1997; Ord. Ord. 1745, 1996; Ord. 1740, 1996; Ord. 1731 (part), 1996; Ord. 1544, 1991; Ord. 1517, 1990; Ord. 1420 (part), 1987) 11.08.260 Bicycle route-Designated. The City Manager, upon approval of the City Council, is authorized to erect or place signs upon any street in the City indicating the existence of a 295 (Cupertino 5-Ol) 11.08.260 bicycle route, and otherwise regulating the location and use of vehicles and bicycles with respect to them, so long as the same are consistent with this chapter. Before such a sign is erected, the subject bicycle route shall be designated on such streets by an approved sign, or in such other manner as the City Manager determines will provide sufficient notice of the existence of such bicycle route. DESIGNATION OF BICYCLE ROUTE Street Description Side Stevens Canyon Road McClellan to South City Limits Both Bandley Drive Valley Green Drive to Stevens Both Creek Boulevard Portal Avenue Merritt Drive to Price Avenue Both Lubec Street Mary Avenue to Anson Way Botlt Anson Way to Milford Drive Both Milford Drive to Castine Avenue Both Castine Avenue to Greenleaf Drive Both Greenleaf Drive to Beardon Drive Both Beardon Drive to Valley Green Drive Both Valley Green Drive to Bandley Drive Both Merritt Drive Mariam Avenue to Portal Avenue Both Lazaneo Drive Bandley Drive to Forest Avenue Both Forest Avenue to Blaney Avenue Both Peppertree Lane Sterling Road to Bonny Drive Both Bomy Drive to Shelly Drive Both Shelly Drive to Terry Way Both Terry Way to Rodrigues Avenue Both Rodrigues Avenue to Blaney Avenue Both Price Avenue Blaney Avenue to Portal Avenue Both McClellan Road Foothill Boulevard to Byme Avcue Both Erin Way Sterling Road to Kirwin Lane Both Kirwin Lane to Kim Street Both Tantau Avenue Stevens Creek Boulevard to Both Barnhart Avenue Barnhart Avenue Tantau Avenue to Sterling Both Boulevard Miller Avenne Calle De Baroelona to Stevens Creek Boulevard Both (Ord. 1872, 2001; Ord. 1864, 2000; Ord. 1739, 1996; Ord. 1731 (part), 1996; Ord. 1420 (part), 1987) 11.08.270 Prohibition of skateboarding and roller skating. It is unlawful and subject to punishment in accor- dance with Section 11.08.280 of this chapter, for any person utilizing or riding upon any skateboard, roller skates or any similar device to ride or move about in or on any public property when the same property has been designated by the City Council and posted as a "No Skateboarding or Roller Skat- ing Area." The following is established as a no skateboarding or roller skating area: Civil Center Plaza (city hall/library). (Ord. 1767 (part), 1997) 11.08.280 Violation-Penalty. Any person who violates any of the provisions of this chapter is guilty of an infraction, and, upon conviction thereof, shall be punished as provided in Chapter 1.12 of this code, except that no fine im- posed for violation of any licensing and registration provisions of this chapter shall exceed five dollars. (Ord. 1767 (part), 1997; Ord. 1420 (part), 1987) ccnPenano s-o1> 296 11.20.010 Chapter 11.20 proceed, and the drivers of all other vehicles ap- proaching on that part of the street protected by the STOP SIGNS* stop sign shall yield the right-of--way to the vehicle about to enter or cross the protected part of the Sections: 11.20.010 Purpose. 11.20.020 Vehicular stop required at certain intersections. 11.20.030 All directional vehicular stop required at certain intersections. * For statutory provisions authorizing local authorities to place and maintain traffic-control devices as requited by stawte or as neces- sary to implement statutes or local ordinances, see Veh. Code § 21351; for provisions generally regarding traffic signs, signals, and marltings, see Veh. Code § 21350 et seq. 11.20.010 Purpose. It is the express purpose of the ordinance codified in this chapter to consolidate in one ordinance all presently or heretofore designated stop intersections where stops are required at certain approaches there- to ashereinafter defined and to provide a means for incorporating all the stop intersections that may hereafter be so designated or declared. (Ord. 467 § 1, 1970) 11.20.020 Vehicular stop required at certain intersections. A. The driver of any vehicle upon approaching the entrance of any of the following intersections sign-posted with a stop sign shall stop: 1. At a limit line, if marked, otherwise before entering the crosswalk on the near side of the inter- section, or, if not marked, then before entering the intersection; or, 2. At any point within the intersection as re- quired by a stop sign. B. After such stop, the driver shall yield the right-of--way to other vehicles on that part of any street protected by any stop sign which are so close as to constitute an immediate hazard, and shall continue to yield the right-of--way to such approach- ing vehicles until such time as he can proceed with reasonable safety. A driver having yielded may street: Approaching Streets Required to Stop: Ainsworth Drive Amulet Drive Aster Lane Bahl Street Balfiara Lane Beardon Avenue Bette Drive Blue lay Drive Bonny Drive Camarda Drive Carta Blanca Street Castleton Street Castleton Street Chavoya Drive Clarkston Avenue Cleo Avenue Colby Avenue Columbus Avenue Craft Drive Cristo Rey Drive (EB) Cupertino Road (Alley) t 220 ft. west At Any Entrance Thereof With: Hartman Drive Castine Avenue Waterford Drive Ainsworth Drive Peppertree Lane Alves Drive Clifford Drive Northwest Square Peppertree Lane Randy Lane Ainsworth Drive Clarkston Avenue Wilkinson Avenue Randy Lane Columbus Avenue Gardenside Lane Amherst Drive Linda Vista Drive Finch Avenue Approximately 4,000 ft. west of Foothill Blvd. Hillcrest Road of De Anza Blvd. Rodrigues Avenue (NB) (Alley) t 220 ft. west of De Anza Blvd. Scofield Drive (SB) (Alley) ± 220 ft. west of De Anza Blvd. Sunrise Drive (NB, SB) Deeprose Place Price Avenue Denison Avenue Amherst Drive East Park Circle Alves Drive Empire Avenue Grand Avenue Felton Way Kirwin Lane Folkstone Drive Yorkshire Drive Ft. Baker (north approach) Hyannisport Drive Glenview Avenue La Mar Drive 305 (Cupertino 5-Ol) 11.20.020 Approaching Streets At Any Entrance Approaching Streets At Any Entrance Required to Stop: Thereof With: Required to Stop: Thereof With: Granada Avenue Orange Avenue Sorenson Avenue Finch Avenue Grand Avenue Peninsula Avenue Stafford Drive Folkstone Drive Greenleaf Drive Castine Avenue Sutherland Avenue Castleton Street John Drive Kirwin Lane Terra. Bella Drive Lindy Lane Kendle Street Ainsworth Drive Terra Bella Drive Terrace Drive Kirwin Lane Felton Way Torre Avenue Pacifica Drive La Paloma Drive Santa Teresa Drive Valley Green Drive Beardon Avenue La Paloma Drive Columbus Avenue Via Camino Court Ainsworth Drive Larry Way Merritt Drive Vicksburg Drive East Estates Drive Linda Vista Drive Santa Teresa Drive Villa De Anza Avenue Lucille Avenue Linda Vista Drive Hyannisport Drive Virginia Swan Place Lazaneo Drive Lindy Lane Regnart Road Vista Drive Merritt Drive Lindy Place Lindy Lane Vista Drive Forest Avenue Los Ondos Way Pacifica Drive West Park Circle Alves Drive Lubec Street Mary Avenue Whitney Way Pacifica Drive Lubec Street Anson Avenue Wilkinson Avenue Columbus Avenue Maria Rosa Way Columbus Avenue Wilkinson Avenue Hyannisport Drive Mello Place Price Avenue Wintergreen Drive Cold Harbor Avenue Meteor Drive Castine Avenue (Ord. 1876, 2001; Ord. 1841, 1999; Ord. 1765 Meteor Drive Mary Avenue (part), 1997; Ord. 1731 (part), 1996; Ord. 1704 Milford Drive Castine Avenue (part), 1995; Ord. 1698 (part), 1995; Ord. 1557, Miner Place Lazaneo Drive 1991; Ord. 1552, 1991; Ord. 1445 (part), 1988; Ord. Mira Vista Road Palm Avenue 1429 (part), 1987; Ord. 1391, 1986; Ord. 1365, Monrovia Street Regnart Road 1986; Ord. 1339 (part), 1985; Ord. 1226, 1983; Ord. Mt. Crest Drive Linda Vista Drive 1204, 1982; Ord. 1156, 1982; Ord. 1130 (part), Nathanson Avenue Meteor Drive 1981; Ord. 1095, 1981; Ord. 1078, 1980; Ord. 1073, Orange Tree Lane Merritt Drive 1980; Ord. 1041, 1980; Ord. 1000, 1980; Ord. 975, Palos Verdes Drive Castleton Street 1980; Ord. 970 (part), 1980; Ord. 900 (part), 1978: Palos Verdes Drive Terrace Drive Ord. 467 § 3.1, 1970) Parlette Place Lazaneo Drive Plum Tree Lane Merritt Drive 11.20.030 All directional vehicular stop Plum Tree Lane Forest Avenue required at certain intersections. Prospect Drive Seven Springs Parkway A. The driver of any vehicle upon approaching Rampart Avenue East Estates Drive any entrance of any of the following intersections Randy Lane Merritt Avenue sign-posted with a stop sign shall stop: Regnart Court Lindy Lane 1. At a limit line, if marked, otherwise before Rucker Drive Santa Teresa Drive entering the crosswalk on the near side of the inter- Saich Way Alves Drive section, or, if not marked, then before entering the Santa Paula Avenue Mira Vista Road intersection; or Santa Teresa Drive Hyannisport Drive 2. At any point within the intersection as re- Santa Teresa Drive Columbus Avenue quired by a stop sign. Shattuck Drive Santa Teresa Drive ccupenino s-oi> 306 11.20.030 B. After such stop, the driver shall yield the right-of--way to other vehicles on that part of any street protected by any stop sign which are so close as to constitute an immediate hazard, and shall continue to yield the right-of--way to such approach- ing vehicles until such time as he can proceed with reasonable safety. A driver having yielded may :906-1 (Cupertino 5-Ol) 19.28.010 Chapter 19.28 SINGLE-FAMILY RESIDENTIAL (R-1) ZONES D. Reinforce the predominantly low-intensity setting in the community; (Ord. 1868 (part), 2001: Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999: Ord. 1601 Exh. A (part), 1992) Sections: 19.28.010 Purposes. 19.28.020 Applicability of regulations. 19.28.030 Permitted uses. 19.28.040 Conditional uses. 19.28.050 Site development regulations. 19.28.060 Lot coverage, building setbacks, height restrictions and privacy mitigation measures for nonaccessory buildings and structures. 19.28.070 Permitted yard encroachments. 19.28.080 Exceptions for prescriptive design regulations. 19.28.090 Residential design approval. 19.28.100 Development regulations- Eichler (R-le). 19.28.110 Procedure for exceptions and residential design approvals. 19.28.120 Solar design. 19.28.130 Interpretation by the Planning Director. 19.28.140 Appendix A-Landscape Mitigation Measures. 19.28.150 Appendix B-Release of Privacy Protection Measures. 19.28.160 Appendix C Privacy Protection Planting Affidavit. 19.28.010 Purposes. R-1 single-family residence districts are intended to create, preserve and enhance areas suitable for detached dwellings in order to: A. Enhance the identity of residential neighbor- hoods; B. Ensure provision of light, air and a reasonable level of privacy to individual residential parcels; C. Ensure a reasonable level of compatibility in scale of structures within residential neighbofioods; 19.28.020 Applicability of regulations. No building, structure or land shall be used, and no building or structure shall be hereafter erected, structurally altered or enlarged in an R-1 single- family residence district other than in conformance with the provisions of this chapter and other applica- ble provisions of this title. (Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999: Ord. 1601 Exh. A (part), 1992) 19.28.030 Permitted uses. The following uses shall be permitted in the R-1 single-family residence district: A. Single-family use; B. A second dwelling unit conforming to the provisions, standards and procedures described in Chapter 19.82, except for those second dwelling units requiring a conditional use permit; C. Accessory facilities and uses customarily incidental to permitted uses and otherwise conform- ing with the provisions of Chapter 19.80 of this title; D. Home occupations when accessory to permit requirements contained in Chapter 19.92; E. Horticulture, gardening, and growing of food products for consumption by occupants of the site; F. Residential care facility that is licensed by the appropriate State, County agency or department with six or less residents, not including the provider, provider family or staff; G. Small-family day care home; H. The keeping of a maximum of four adult household pets, provided that no more than two adult dogs or cats may be kept on the site; I. Utility facilities essential to provision of utility services to the neighborhood but excluding business offices, construction or storage yards, main- tenance facilities, or corporation yards; :i88-9 (Cupertino 5-Ol ) 19.28.030 J. Large-family day care homes, which meets the parking criteria contained in Chapter 19.100 and which is at least three hundred feet from any other lazge-family day Gaze home. The Director of Com- munity Development or his/her designee shall ad- ministratively approve lazge day care homes to ensure compliance with the parking and proximity requirements; K. Congregate residence with ten or less resi- dents. (Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999: Ord. 1688 § 3 (part), 1995; Ord. 1657 (part), 1994; Ord. 1601 Exh. A (part), 1992) 19.28.040 Conditional uses. The following uses may be conditionally allowed in the R-1 single-family residence district, subject to the issuance of a conditional use permit: A. Issued by the Director of Community Devel- opment: 1. Temporary uses, subject to regulations estab- lished by Chapter 19.124; 2. Large-family day care home, which otherwise does not meet the criteria for a permitted use. The conditional use permit shall be processed as provid- ed by Section 15.97.46(3) of the State of California Health and Safety Code; 3. Buildings or structures which incorporate solaz design features that require variations from setbacks upon a determination by the Director that such design feature or features will not result in privacy impacts, shadowing, intrusive noise or other adverse impacts to the surrounding area; 4. Second dwelling units which require a condi- tional use permit pursuant to Chapter 19.84; 5. Home occupations requiring a conditional use permit pursuant to Chapter 19.92 of this title. B. Issued by the Planning Commission: 1. Two-story structures in an area designated for a one-story limitation pursuant to Section 19.28.060 E2 of this chapter, provided that the Planning Com- mission determines that the structure or structures will not result in privacy impacts, shadowing, or intrusive noise, odor, or other adverse impacts to the surrounding azea; 2. Group care activities with greater than six persons; 3. Residential care facility that is not required to obtain a license by the State, County agency or department and has six or less residents, not includ- ing the providers, provider family or staff; 4. Residential Gaze facility that has the appropri- ate State, County agency or department license and seven or greater residents, not including the provider family or staff, is a minimum distance of five hun- dred feet from the property boundary of another residential care facility; 5. Residential care facility that is not required to obtain a license by the State, County agency or department and has seven or greater residents, not including the provider family or staff, is a minimum distance of five hundred feet from the property boundary of another residential care facility; 6. Congregate residence with eleven or more residents which is a minimum distance of one thou- sand feet from the boundary of another congregate residence and has a minimum of seventy-five square feet of usable rear yazd area per occupant. (Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999: Ord. 1784 (part), 1998; Ord. 1688 § 3 (part), 1995; Ord. 1657 (part), 1994; Ord. 1618 (part), 1993; Ord. 1601 Exh. A (part), 1992) 19.28.050 Site development regulations. A. Lot Area Zoning Designations. 1. Lot area shall correspond to the number (mul- tiplied by one thousand square feet) following the R-1 zoning symbol. Examples are as follows: Minimum Lot Area Zoning Symbol Number in Square Feet R-1 6 6,000 R-1 7.5 7,500 R-1 10 10,000 R-1 20 20,000 The minimum lot size in an R-1 zone is six thou- sand square feet. cc~P~,~o s-oi> 588-10 19.28.050 2. Lots, which contain less area than required by Section 19.28.050 A1, but not less than five thou- sand square feet, may nevertheless be used as build- ing sites, provided that all other applicable require- ments of this title are fulfilled. B. Lot Width. The minimum lot width shall be sixty feet measured at the front-yard setback line. C. Development on Slopes of Thirty Percent or Greater. 1. Site plans for all development proposals shall include topographical information at contour inter- vals not to exceed ten feet. Areas where slopes are thirty percent or greater shall be identified on the site development plan. 2. Buildings proposed on a portion of a lot with slopes of thirty percent or greater shall be developed in accordance with the site development and design standards specified in Sections 19.40.050 through 19.40.140 of the Residential Hillside ordinance, Chapter 19.40, orthe R-1 zoning ordinance, Chapter 19.28, whichever specific regulation is more restric- tive. 3. No structure or improvements shall occur on slopes of thirty percent or greater unless an excep- tion is granted in accordance with Section 19.40.140, unless no more than five hundred square feet of development, including grading and struc- tures, occurs on an area with a slope of thirty per- cent or greater. D. An application for building permits which was filed and accepted by the City (fees paid and control number issued) on or before March 2, 2001, may proceed with application processing under the ordinances in effect at that time. (Ord. 1868 (part), 2001: Ord. 1860 § 1 (part), 2000; Oni. 1834 (part), 1999: Ord. 1635 § 1 (part), 1993: Ord. 1601 Exh. A (part), 1992) 19.28.060 Lot coverage, building setbacks, height restrictions and privacy mitigation measures for nonaccessory buildings and structures. A. Lot Coverage. The maximum lot coverage shall beforty-five percent of the net lot area. B. Floor Area Ratio. 1. Any new single-story house, or single-story addition to an existing house may not cause the floor area ratio of all structures on the lot to exceed forty-five percent. 2. Any new two-story house, or second story addition to an existing house, may not cause the floor area ratio of all structures on the lot to exceed thirty-five percent, unless discretionary design ap- proval is first obtained from the Design Review Committee pursuant to Section 19.28.090. In no event shall such floor area ratio exceed forty-five percent of the net lot azea. 3. The floor azea of a second story shall not exceed thirty-five percent of the existing or pro- posed first story or six hundred squaze feet, which- ever is greater. C. Design Guidelines. 1. Any new two-story house, or second-story addition to an existing house, shall be generally consistent with the adopted single-family residential guidelines. The Director of Community Develop- ment shall review the project and shall determine that the following items aze met prior to issuance of building permits: a. The mass and bulk of the design shall be reasonably compatible with the predominant neighborhood pattern. New construction shall not be disproportionately larger than or out of scale with the neighborhood pattern in terms of building forms, roof pitches, eave heights, ridge heights, and entry feature heights; b. The design shall use vaulted ceilings rather than high exterior walls to achieve higher volume interior spaces; c. For projects with three-car garages oriented to the public right-of--way, the wall plane of the third space shall be set back a minimum of two feet 5.38-11 (CupeRino 5-01) 19.28.060 from the wall plane of the other two spaces, or shall incorporate a tandem space. There shall not be a three-car wide driveway curb cut. 2. If the Director does not find that the proposal is generally consistent with this section, then an application must be made for design approval from the Design Review Committee pursuant to Section 19.28.090. D. Setback-First Story (Nonaccessory Struc- tures). 1. Front Yard. The minimum front yard setback is twenty feet; provided, that for a curved driveway the setback shall be fifteen feet as long as there are no more than two such fifteen-foot setbacks occur- ring side by side. 2. Side Yard. At least one of two side yard setbacks must be no less than ten feet. The other side yard setback must be no less than five feet. Notwithstanding the above, a lot less than sixty feet in width and less than six thousand square feet shall have a minimum side-yard setback of five feet on each side yard. In instances where an addition is proposed to an existing building having both side yard setbacks less than ten feet, the wider setback shall be retained and the narrower setback must be at least five feet. Fn the case of a comer lot, a mini- mum side-yazd setback of twelve feet on the street side of the lot is required. 3. Reaz Yard. The minimum reaz yard setback is twenty feet. The reaz setback may be reduced to ten feet if, after the reduction, the usable rear yard is not less than twenty times the lot width as mea- sured from the front setback line. E. Setback-second Floor (Nonaccessory Struc- tures). 1. The minimum front and rear setbacks aze 4' min. offset o I ~ c Full height second floor wall cc~p~~o s-oi> 588-12 19.28.060 twenty-five feet. 2. The minimum side setbacks are ten feet, provided that in the case of a flag lot, the minimum setback is twenty feet from any property line, and in the case of a corner lot, a minimum of twelve feet from a street side property line and twenty feet from any reaz property line of an existing, devel- oped single-family dwelling. 3. Setback Surcharge. A setback distance equal to fifteen feet shall be added in whole or in any combination to the front and side-yard setback re- quirements specified in subsection- E2 of this sec- tion. Aminimum of five feet of the fifteen feet shall be applied to the side yazd(s). 4. Accessory Buildings/Structures. Chapter 19.80 governs setbacks, coverage and other stan- dards for accessory structures. 5. The height of second story walls aze regulated as follows: a. Fifty percent of the total perimeter length of second story walls shall not have exposed wall heights greater than six feet, and shall have a mini- mum two-foot high overlap of the adjoining first story roof against the second floor wall. The overlap shall be structural and shall be offset a minimum of four feet from the fast story exterior wall plane. E c b. All second story wall heights greater than six feet, as measured from the second story finished floor, aze required to have building wall offsets at least every twenty-four feet, with a minimum two- foot depth and six-foot width. The offsets shall comprise the full height of the wall plane. c. All second story roofs shall have a minimum of one-foot eaves. F. Basements. 1. The number, size and volume of lightwells and basement windows and doors shall be the mini- mum required by the Uniform Building Code for egress, light and ventilation. 2. No pazt of a lightwell retaining wall may be located within a required setback azea except as follows: a. The minimum side setback for a lightwell retaining wall shall be five feet; b. The minimum rear setback for a lightwell retaining wall shall be ten feet. 3. Lightwells that aze visible from a public street shall be screened by landscaping. 4. Railings for lightwells shall be no higher than three feet in height and shall be located immediately adjacent to the lightwell. 5. The perimeter of the basement and all lightwell retaining walls shall be treated and/or reinforced with the most effective root barrier mea- sures, as determined by the Director of Community Development. G. Additional Site Requirements. 1. Height. a. Maximum Building Height. The height of any principal dwelling in an R-1 zone shall not exceed twenty-eight feet, not including fireplace chimneys, antennae or other appurtenances. b. The maximum exterior wall height and build- ing height on single-story structures and single-story sections of two-story structures must fit into a build- ing envelope defined by: 583-12.1 «~rono s-on 6'-0" 24'-0" min. 19.28.060 i. A twelve-foot high vertical line measured from natural grade and located five feet from prop- erty lines; ii. Atwenty-five-degree roof line angle projected inwazd at the twelve-foot high line referenced in subsection Flbi of this section. Notwithstanding the above, a gable end of a roof enclosing an attic space may have a maximum wall height of twenty feet to the peak of the roof as measured from natural grade. ~c~P~eno s-oil 588-12.2 19.28.060 2. Heights exceeding twenty feet shall be subject to the setback regulations in subsection E of this section. ~~ To of 4 Plate Entry - Feature 0 -v Finish r---~ Grade Si38-12.3 ccuP~ano s-oi> 60'-0" 19.28.060 3. Areas Restricted to One Story. The City Council may prescribe that all buildings within a designated azea be limited to one story in height (not exceeding eighteen feet) by axing to the R-1 zoning district, the designation "i"; provided how- ever, that the limitation may be removed through use permit approval, as provided in Section 19.28.040B by the Planning Commission. 4. The maximum entry feature height, as mea- sured from finish grade to the top of the wall plate, shall be fourteen feet. 5. No blank single-story side walls longer than sixteen feet shall face a public right-of--way without at least one of the following: (a) at least one offset with a minimum two-foot depth and six-foot width; the offset shall comprise the full height of the wall plane; (b) window of at least thirty inches by thirty inches; (c) entry feature leading to a door; (d) trellis with landscape screening. 6. Exceptions for Hillside Areas. Notwithstand- ing any provisions of subsection Fl of this section to the contrary, the Planning Commission may make an exception for heights to exceed twenty-eight feet under certain circumstances: a. The subject property is in a hillside area and has slopes of ten percent or greater; b. Topographical features of the subject property make an exception to the standard height restrictions necessary or desirable; c. In no case, shall the maximum height exceed thirty feet for a principal dwelling or twenty feet for an accessory building or dwelling; d. In no case, shall the maximum height of a structure located on prominent ridgelines, on or above the four-hundred-fifty-foot contour exceed twenty feet in height. H. Privacy Protection Requirements. 1. Required Landscape Planting. a. Requirement. In order to address privacy protection and the reduction in visible building mass of new two-story homes and additions, tree and/or shrub planting is required. b. Planting Plan. A building permit application for a new two-story house or a second story addition shall be accompanied by a planting plan which identifies the location, species and canopy diameter of existing trees or shrubs subject to staff approval. New trees or shrubs shall be required on the applicant's property within a cone of vision defined by a thirty degree angle from the side window jambs of all second story windows (Exhibit 1). New trees or shrubs aze not required to replace existing trees or shrubs if an Internationally Certified Arborist or Licensed Landscape Architect verifies that the existing trees/shrubs are consistent with the intent of Appendix A. Applicants for new two-story homes and additions must plant a tree in front of new second stories in the front yazd setback azea unless there is a conflict with the tree canopies of the public street tree (Appendix A, page 2). The planting is required on the applicant's property, unless the options listed in subsection Fld of this section is applied. This option does not apply to the front yard tree-planting requirement. c. Planting Requirements. The minimum size of the proposed trees shall betwenty-four inch box and eight foot minimum planting height. The minimum size of the shrubs shall be fifteen-gallon and six-foot planting height. The planting must be able to achieve a partial screening within three years from planting. The species and planting distance between trees shall be governed by Appendix A. The trees or shrubs shall be planted prior to issuance of a final occupancy permit. An affidavit of planting is re- quired in order to obtain the final occupancy permit (Appendix C). d. Options. Where planting is required, the applicant may plant on the affected property owners lot in lieu of their own lot or the affected property owner may modify the numbers of shrubs or trees, their types and locations by submitting a waiver to the Community Development Department along with the building permit (Appendix B). This option does not apply to the required tree planting in front yazds. e. Applicability. This requirement shall apply to second story windows and decks with views into neighboring residential yazds. Skylights, windows with sills more than five feet above the finished cC~pertino s-oi~ 588-12.4 19.28.060 second floor, windows with permanent, exterior louvers up to six feet above the finished second floor, and obscured, non-openable windows are not required to provide privacy protection planting. f. Maintenance. The required plants shall be maintained. Landscape planting maintenance in- cludes irrigation, fertilization and pruning as neces- sary to yield a growth rate expected for a particulaz species. Where required planting dies it must be replaced within thirty days with the size and species as described in Appendix A of this chapter and an updated planting plan shall be provided to the Com- munity Development Department. The affected property owner with privacy protection planting on his or her own lot is not required to maintain the landscaping. (Ord. 1868 (part), 2001: Ord. 1863 (part), 2000; Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999: Ord. 1808 (part), 1999; Ord. 1799 § 1, 1998; Ord. 1784 (part), 1998; Ord. 1637 (part), 1993; Ord. 1635 (part), 1993; Ord. 1630 (part), 1993; Ord. 1601 Exh. A (part), 1992) 19.28.070 Permitted yard encroachments. A. Where a building legally constructed accord- ing to existing yard and setback regulations at the time of construction encroaches upon present re- quired yazds, one encroaching side yazd setback may be extended along its existing building lines to no less than three feet from the property line if the applicant obtains written consent from the adjoining property owner thereby affected and receives ap- proval from the Director of Community Develop- ment. Only one such extension shall be permitted for the life of such building. This section applies to the first story only and shall not be construed to allow the further extension of an encroachment by any building, which is the result of the granting of a variance, either before or after such property be- come part of the City. B. The extension or addition may not further encroach into any required setback; e.g., a single story may be extended along an existing five-foot side-yard setback even though the side yard does not equal ten feet. However, in no case shall any wall plane of a first-story addition be placed closer than three feet to any property line. C. Architectural features (not including patio covers) may extend into a required yazd a distance not exceeding three feet, provided that no azchitec- tural feature or combination thereof, whether a portion of a principal or auxiliary structure, may extend closer than three feet to any property line. (Ord. 1868 (part), 2001: Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999: Ord. 1808 (part), 1999; Ord. 1618 (part), 1993; Ord. 1601 Exh. A (part), 1992) 19.28.080 Exceptions for prescriptive design regulations. Where results inconsistent with the purpose and intent of this chapter result from the strict appli- cation of the provisions hereof, exceptions to Sec- tions 19.28.060 and 19.28.100 may be granted as provided in this section. A. Issued by the Director of Community Devel- opment. With respect to a request for two-story development which does not meet the development requirements contained in Section 19.28.060H (Pri- vacy Protection Requirements) and Section 19.28.1000, the Community Development Director may grant an exception to allow two-story develop- ment if the subject development, based upon sub- stantial evidence, meets all of the following criteria: 1. The literal enforcement of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2. The proposed development will not be injuri- ous to property or improvements in the area nor be detrimental to the public safety, health and welfare. 3. The proposed development is otherwise con- sistent with the City's General Plan, any applicable specific plan, and with the purposes of this chapter. 4. The adjoining properties aze otherwise pro- tected from unreasonable privacy impacts. B. Issued by the Design Review Committee (Other Prescriptive Design Regulations). The Design Review Committee may grant exceptions from the prescriptive design regulations described in Section 19.28.060 and Section 19.28.100 exclusive of Sec- Sf38-12,5 (Cupertino 5-Ol) 19.28.080 tion 19.28.06064 (Hillside Building Heights) upon making all of the following fmdings: 1. The literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the spirit and intent of this chapter. 2. The granting of the exception will not result in a condition that is materially detrimental to the public health, safety and welfare. 3. The exception to be granted is one that will require the least modification of the prescribed design regulation and the minimum variance that will accomplish the purpose. 4. The proposed exception will not result in significant visual impact as viewed from abutting properties. C. Issued by the Planning Commission (Hillside Building Heights). Notwithstanding any provision of Section 19.28.060 G 1 to the contrary, the Plan- ning Commission may grant an exception for heights to exceed twenty-eight feet upon making all of the following findings: 1. The subject property is in a hillside area and has slopes of ten percent or greater. 2. Topographical features of the subject property make an exception to the standard height restrictions necessary or desirable. 3. In no case shall the maximum height exceed thirty feet for a principal dwelling or twenty feet for an accessory building. 4. In no case shall the maximum height of a structure located on a prominent ridgeline, on or above the four hundred fifty-foot contour exceed twenty-eight feet. (Ord. 1868 (part), 2001; Ord. 1860 § 1 (part), 2000: ord. 1844 § 1 (part>, 2000; Ord. 1834 (part), 1999: Ord. 1808 (part), 1999) 19.28.090 Residential design approval. In the event that a proposed development of two stories exceeds athirty-five percent floor area ratio as prescribed in Section.19.28.060B, or in the event that the Director of Community Development fords that the proposed two-story development does not conform to Section 19.28.060C, the applicant shall apply to the Design Review Committee for design approval to allow for the development; provided, however, in no event shall such application exceed a forty-five percent floor area ratio. In addition to the public hearing and notice requirements described in Section 19.28.110, at least ten days prior to the date of the public hearing, the applicant shall install story poles to outline the proposed building exterior walls and roof as further described by procedures developed by the Director of Community Develop- ment. The Design Review Committee may grant a special permit only upon making all of the follow- ing findings: A. The project will be consistent with the Cuper- tino Comprehensive General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. B. The granting of the special permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. C. The proposed addition/home is harmonious in scale and design with the general neighborhood. D. The proposed addition/home is generally consistent with design guidelines developed by the Director of Community Development. E. The proposed addition/home will not result in significant adverse visual impacts as viewed from adjoining properties. (Ord. 1868 (part), 2001; Ord. 1860 § 1 (part), 2000: Ord. 1844 § 1 (part), 2000; Ord. 1834 (part), 1999: Ord. 1808 (part), 1999) 19.28.100 Development regulations-Eichler (R-le). R-le single-family residence "Eichler districts" protect a consistent architectural form through the establishment of district site development regula- tions. Regulations found in the other sections of this chapter shall apply to properties zoned R-le. In the event of a conflict between other regulations in this chapter and this section, this section shall prevail. Nothing in these regulations is intended to preclude a harmonious two-story home or second story addi- tion. A. Setback-First Story. cc~P~m~o s-oi> 588-12.6 19.28.100 1. The minimum front yard setback is twenty feet. B. Building Design Requirements. 1. Entry features facing the street shall be inte- grated with the roof line of the house. 2. The maximum roof slope shall be 3:12 (rise over run). 3. Wood or other siding material located on walls facing a public street (not including the gazage door) shall incorporate vertical grooves, up to six inches apart. 4. The building design shall incorporate straight architectural lines, rather than curved lines. 5. Second story building wall offsets described in Section 19.28.060 ESb aze not required for homes in the R1-e zone. 6. The first floor shall be no more than twelve inches above the existing grade. 7. Exterior walls located adjacent to side yazds shall not exceed nine feet in height measured from the top of the floor to the top of the wall plate. C. Privacy Protection Requirements. 1. Side and Reaz Yard Facing Second Floor Windows. In addition to other privacy protection requirements in Section 19.28.060H, the following is required for all second story windows: a. Cover windows with exterior louvers to a height of six feet above the second floor, or b. Obscure glass to a height of six feet above the second floor, or c. Have a window sill height of five feet mini- mum above the second floor. (Ord. 1868 (part), 2001; Ord. 1860 § 1 (part), 2000) 19.28.110 Procedure for exceptions and residential design approvals. A. Public Hearing-Notice. Upon receipt of an application for approval, the Director of Community Development shall set a time and place for a public hearing before the relevant decision-maker and order the public notice thereof. A notice of the hearing shall be sent by first class mail to all owners of record of real property (as shown in the last tax assessment roll) within three hundred feet of the subject property. B. Expiration of an Exception or Residential Design Approval. A decision for approval which has not been used within one year following the effec- tive date thereof, shall become null and void and of no effect unless a shorter time period shall specifi- cally beprescribed by the conditions of the excep- tion. An approval shall be deemed to have been "used" when a complete building permit application is submitted to the Chief Building Official, and continues to progress in a diligent manner. In the event that the building permit application expires, the Residential Design Approval shall become null and void. The Director of Community Development may grant one additional one-yeaz extension if an application is filed before the expiration date with- out further notice and hearing. C. Decision. After closing the public hearing, the decision-maker shall approve, conditionally approve, or deny the application. D. All decisions regazding approvals contained in this section may be appealed by any interested party pursuant to Chapter 19.136. An appeal of the Design Review Committee decision shall be pro- cessed in the same manner as an appeal from the decision of the Director of Community Develop- ment. E. Expiration of an Exception or Residential Design Approval. A decision for approval which has not been used within one year following the effec- tive date thereof, shall become null and void and of no effect unless a shorter time period shall specifi- cally beprescribed by the conditions of the excep- tion. An approval shall be deemed to have been "used" in the event of the erection of a structure when sufficient building activity has occur: ed and, continues to occur in a diligent manner. The Direc- tor of Community Development may grant one addi- tional one-yeaz extension if an application is filed before the expiration date without further notice and hearing. F. Concurrent Applications. Notwithstanding any provision of this chapter to the contrary, an appli- cation for exception or residential design review may, at the discretion of the Director of Community Development, be processed concurrently with other 5 f~ 8-12.7 (Cupertino 5-Ol ) 19.28.110 land use approvals. (Ord. 1868 (part), 2001; Ord. 1860 § 1 (part), 2000: Ord. 1844 § 1 (part), 2000; Ord. 1834 (part), 1999: Ord. 1808 (part), 1999) 19.28.120 Solar design. The setback and height restrictions provided in this chapter may be varied for a structure utilized for passive or active solar purposes, in R-1 zones, provided that no such structure shall infringe upon solaz easements of adjoining property owners. Any solar structure which requires variation from the setback or height restriction of this chapter shall be allowed only upon issuance of a conditional use permit by the Director of Community Development. (Ord. 1860 § 1(paxt), 2000: Ord. 1834 (part), 1999: Ord. 1808 (part), 1999; Ord. 1601 Exh. A (part), 1992) 19.28.130 Interpretation by the Planning Director. )n R-1 zones, the Director of Community Devel- opment shall be empowered to make reasonable interpretations of the regulations and provisions of this chapter consistent with the legislative intent thereof. Persons aggrieved by an interpretation of the chapter by the Director of Community Develop- ment may petition the Planning Commission in writing for review of the interpretation. (Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999: Ord. 1808 (part), 1999; Ord. 1601 Exh. A (part), 1992) cc~P~~a s-oil 588-12.8 19.28.140 19.28.140 Appendix A-Landscape Mitigatio» Measures. PRIVACY SCREENING MATERIALS I. NON-DECIDUOUS TREES Planting Distance- Hei~ht Spread Max A. Cedrus Deodaz~Deodara Cedaz to 80' 40' @ ground 20' B. Melaleuca Linazifoli~Flaxleaf Paperbazk 30' 12-15' 6' C. Pinus Helipensis-Aleppo Pine 40-60' 20-25' 10' D. Eucalyptus Polyanthemos-Silverdollar 20-60' 10-15' S' E. Cinnamomom Camphora-Camphor 50' S0' 20' F. Arbutus Marina 40' 35' 15' G. Magnolia Grandiflora~outhem Magnolia 80' 40' 20' The minimum tree size shall be 24" box minimum and a minimum of 8' high planted height. See Page 2 of Appendix A for minimum planting distance from City street trees for planting in the front yard setback. II. NON-DECIDUOUS SHRUBS A. Pittosporum Eugenoides 40' 20' S' B. Pittosponim Tenuifolium 40' 20' S' C. Pittospomm~ Crassifolium 25' 15-20' 8' D. Pittosponim Undulatum-Victorian Box 15-40' 150' 8' E. Cupressus Sempervirens-Italian Cypress 60' 3-6' S' F. Podocarpus Gracilior-Fem Pine 60' 20' 10' G. Privet Ligustnim~lossy Privet 35-0' 20' 10' H. Laurus Nobilis-Grecian Laurel 15--40' 20' 10' I. Rhus Lancia-African Sumac 25' 20' 10' The minimum shrub size shall be 15-gallon minimiwn and a minimum of 6' high planted height. See Page 2 of Appendix A for minimum planting distance from City street trees for planting in the front yard setback. Notes: The Community Development Department may use ether species than those listed above subject to approval. Applicant shall be required to submit adequate documentation in order for approval of other planting materials. Documentation shall include a letter from an Internationally Certified Arborist or Landscape Architect stating that the materials proposed will meet or exceed height, spread criteria and growth rate of listed materials and that they are suitable for planting on the applicant's property. The goal is to provide a partial screening after three years' growth following planting. 58f>-12.8a cc~P~~,o s-oi> 19.28.160 19.28.160 Appendix C-Privacy Protection Planting Affidavit. Purpose. To assure the decision-makers and neighbors that the privacy protection planting has been installed according to the planting plan. Validation. An Internationally Certified Arborist or Licensed Landscape Architect shall certify the design and accuracy of the privacy protection planting. A reduced eleven by seventeen copy of the approved planting plan shall be attached. Submittal of this form shall be required prior to final inspection of the residence. Planting Certification I certify that the privacy protection planting and irrigation is installed at: address and it is consistent in design, height and location with the landscape planting and irrigation plans drawn by dated Name Title Professional License # Date (attached). (Ord. 1868 (part), 2001: Ord. 1860 § 1 (part), 2000: Ord. 1834 (part), 1999) 588-12.10a (Cupertino 5-01) ORDINANCE LIST 1820 Prezone (Special) 1840 Amends §§ 11.24.150, 11.24.160 and 1821 Prezone (Special) 11.24.180, traffic (11.24) 1822 Amends §§ 2.04.010, 5.28.070(N), 1841 Amends § 11.20.020, traffic (11.20) 5.28.165(E), 10.52.060, 16.28.060(C), 1842 Rezone (Special) 16.52.041(8)(1), 16.52.051, 16.52.052, 1843 Amends contract with California Public 16.52.053(B)(4)(a) and 19.20.040(A)(1) Employees' Retirement System (Spe- and repeals §§ 3.12.040 and cial) 5.04.280(C), (2.04, 5.28, 10.52, 16.28, 1844 Adds §§ 19.36.080, 19.48.080 and 16.52, 19.20) 19.134.020; amends Chs. 2.32, 2.90, 1823 Adopts Ch. 5 of the 1977 Uniform 16.28, 17.44, 19.28, 19.32, 19.36, Code for Building Conservation (16.60) 19.48, 19.56, 19.60, 19.64, 19.80, 1824 Amends §§ 16.04.010 and 16.04.110 19.132 and 19.134, design review com- and repeals §§ 16.04.070, 16.04.090, mittee (2.32, 2.90, 16.28, 17.44, 19.28, 16.04.100 and 16.04.120, building code 19.32, 19.36, 19.48, 19.56, 19.60, (16.04) 19.64, 19.80, 19.132, 19.134) 1825 Amends § 16.16.010 and repeals § 1845 Prezone (Special) 16.16.060, electrical code (16.16) 1846 Amends contract with CalifomiaPublic 1826 Amends §§ 16.20.010, 16.20.020 and Employees' Retirement System (Spe- 16.20.090 and repeals §§ cial) 16.20.050-16.20.070, plumbing code 1847 Repeals and replaces § 11.34.030, war- (16.20) rants for the installation and mainte- 1827 Amends §§ 16.24.010-16.24.030, me- nance of road bumps (11.34) chanical code (16.24) 1848 Amends § 11.08.250, bicycle lanes 1828 Repeals and replaces Ch. 16.40, fire (11.08) code (16.40) 1849 Prezone (Special) 1829 Amends § 16.56.010, housing code 1850 Adopts redevelopment plan for Cuperti- (16.56) no Vallco redevelopment project (Not 1830 Amends §§ 10.21.010-10.21.120, codified) newsracks (10.21) 1851 Amends § 11.24.150, traffic (11.24) 1831 Amends §§ 19.80.030(B)(1)(j) and 1852 Rezone (Special) 19.80.040, accesssory build- 1853 Adds § 18.24.115; amends § 14.05.010, ings/structures (19.80) park maintenance and dedication fees 1832 Amends Ch. 2.16, city council-salaries (14.05, 18.24) (2.16) 1854 Adds Ch. 10.80, solicitation prohibi- 1833 Amends § 16.28.045, electronic security tions on designated publicrights-of--way gates (16.28) (10.80) 1834 Amends Ch. 19.28, zoning (19.28) 1855 Amends § 11.20.0308, all directional 1835 Amends §§ 14.18.020, 14.18.140 and vehicular stops required at certain inter- 14.18.170, heritage and specimen trees sections (11.20) (14.18) 1856 Amends § 11.08.250, bicycle lanes 1836 Amends § 11.24.150, parking (11.24) designated (11.08) 1837 Amends § 11.34.010, traffic (11.34) 1857 Amends §§ 11.24.150 and 11.24.170, 1838 Amends § 11.34.020, traffic (11.34) parking restrictions (11.24) 1839 Amends § 11.34.030, traffic (11.34) 1858 (Not passed) 614-13 (Cupertino 5-01) TABLES 1859 Amends § 11.24.150, parking restric- tions (11.24) 1860 Amends Ch. 19.28, single-family resi- dential zones (19.28) 1861 Rezone (Special) 1862 Amends § 11.24.160, stopping, standing and parking public streets (11.24) 1863 Amends §§ 19.08.030, defuutions, and 19.28.060, single-family residential (R- 1) homes (19.08, 19.28) 1864 Amends § 11.08.260, bicycles (11.08) 1865 (Number not used) 1866 1?rezone (Special) 1867 Authorizes amendment to California public employees' retirement system contract (Special) 1868 Amends Ch. 19.28, zoning (19.28) 1869 Adds § 3.25.100, transfer of surplus supplies and equipment (3.25) 1870 Amends § 11.08.250, bicycle lanes designated (11.08) 1871 Amends entirety of Ch. 10.48, commu- nity noise control (10.48) 1872 Amends § 11.08.260, bicycle routes designated (11.08) 1873 Amends § 11.08.250, bicycle lanes designated (11.08) 1874 Amends §§ 2.88.010 and 2.88.020, audit committee (2.88) 1875 Amends entirety of Ch. 9.06, massage establishments and services (9.06) 1876 Amends § 11.20.020, vehicular stop required at certain intersections (11.20) cc~p~~o s-oi> 614-14 APARTMENT APARTMENT Business license See also BUSINESS LICENSE tax 5.04.320 APPEAL See also Specific Subject Administrative definitions 1.16.010 procedure 1.16.020 Sewers, health officer decisions 15.20.190 Water rates, charges 15.04.050 Zoning regulations, decisions See ZONING Members at large 2.88.020 vacancy 2.88.040 Powers, duties 2.88.100 Recordkeeping 2.88.090 Rules, regulations 2.88.120 Term 2.88.030 Voting 2.88.080 AUTO COURT Business license tax rate 5.04.390 - B - ATHLETIC EVENT Regulations, permit See PARADES AND ATHLETIC EVENTS ATTORNEY, CITY Assistant, acting, when 2.18.070 Bond requirements 2.18.060 City staff, relations with 2.18.040 Conflict of interest 2.64.020 Council, relations with 2.18.030 Eligibility 2.18.100 Employment agreement 2.18.080 Office established 2.18.010 Powers, duties 2.18.020 Public, relations with 2.18.050 Rental dispute mediation appeal duties 2.78.080 subpoena duties 2.78.040 Staff 2.18.090 Suspension, removal, resignation 2.18.110 AUDIT CONIlvIITTEE Chair 2.88.050 City powers unchanged 2.88.130 City staff 2.88.110 Compensation, expense reimbursement 2.88.070 Established, composition 2.88.010 Meetings 2.88.060 BAR See RESTAURANT BICYCLE Administration 11.08.020 Attaching to vehicle, prohibited 11.08.170 Bicycle lanes designated 11.08.250 use regulations 11.08.190 vehicles using prohibited 11.08.230 Dealers purchaser education 11.08.110 registration verification 11.08.100 Defutitions 11.08.010-11.08.015 Equipment requirements 11.08.130 Impoundment 11.08.240 Lane position requirements 11.08.150 License address change notification 11.08.090 alteration, destruction prohibited 11.08.061 existing, validity 11.08.070 fees 11.08.120 indicia, renewal 11.08.050 issuance 11.08.040 transferability 11.08.080 Package carrying restrictions 11.08.220 Pedestrian path use exemptions 11.08.180 restrictions 11.08.160 617 cc~p~~o s-oi> BICYCLE Registration certificate See also License issuance 11.08.060 Regulations generally 11.08.020 Riding restrictions 11.08.210 Roller skates See ROLLER SKATES Routes designated 11.08.260 Skateboards See SKATEBOARDS Traffic laws applicability 11.08.140 Violation, penalty 11.08.280 Walking, pedestrian laws applicable 11.08.200 BINGO Administrative authority designated 5.32.170 Authority 5.32.010 Defined 5.32.020 Equipment 5.32.090 Financial interest limited 5.32.100 Hours 5.32.150 Inspection authority 5.32.180 License See also Permit, license fee 5.32.280 renewal 5.32.290 required 5.32.270 Location 5.32.080 Minor, participation prohibited 5.32.040 Organizations permitted to conduct 5.32.030 Participant to be present 5.32.140 Permit See also Permit, license applicant investigation 5.32.210, 5.32.220 application, contents 5.32.200 approval, conditions 5.32.240 denial when 5.32.250 hearing, notice records review 5.32.230 required 5.32.190 Permit, license See also License Permit nontransferable 5.32.310 suspension, revocation authority 5.32.320 notice, hearing 5.32.330 Prizes, value 5.32.130 Proceeds, charitable uses required 5.32.110 Provisions to supplement state law 5.32.350 Public access required 5.32.050 Recordkeeping 5.32.120 Reporting requirements 5.32.300 Staffing, operation change, reporting, investigation 5.32.260 generally 5.32.060 Violation, penalty 5.32.160 BOND Attorney, city 2.18.060 Auctioneer 5.08.020 City clerk 2.20.040 Excavation, grading permittee 16.08.150 Manager, city 2.28.030 Moving buildings 16.36.060 Private patrol 5.24.050 Public works contract 3.23.140 Street improvement installation 14.04.170 Subdivision improvement security 18-1.808.2 Taxicab 5.28.150 Treasurer, city 2.24.040 BUILDING Address number visibility requirements 16.04.050 Electrical Code See ELECTRICAL CODE Excavation, foundations, retaining walls See EXCAVATION, GRADING, RETAINING WALLS Fence See FENCE Heating, cooling See MECHANICAL CODE Inspector bingo permit applicant investigation 5.32.220 building moving permit issuance 16.36.050 ~c~p~~o s-oi> 618 EQUIPMENT, SURPLUS, SALE EQUIPMENT, SURPLUS, SALE Auction bidding, payment 3.25.060 required 3.25.050 Between agencies 3.25.080 Centralization required 3.25.030 Notice 3.25.040 Officer designated, powers, duties generally 3.25.020 Open market, when 3.25.070 System adopted 3.25.010 To officer, employee of city, restrictions 3.25.090 Transfer to charity, public agency 3.25.100 EXCAVATION, GRADING, RETAINING WALLS Appeals 16.08.265 Bond requirements 16.08.150 Civil engineer grading supervision 16.08.230 Definitions 16.08.020 Engineering geological reports 16.08.120 Fees 16.08.160 Grading See also Specific Type or Phase emergency permit issuance 16.08.185 supervision 16.08.230 Inspections 16.08.250 Interim plan 16.08.110 Limitations of provisions 16.08.040 Modifications 16.08.240 Permit application contents 16.08.080 approval conditions 16.08.190 denial 16.08.180 design standards 16.08.200 emergencies 16.08.185 exemptions categorical 16.08.070 generally 16.08.060 issuance conditions 16.08.170 limitations, conditions 16.08.210 permittee responsibility 16.08.220 revocation 16.08.280 suspension 16.08.270 Permittee responsibility 16.08.220 Purpose of provisions 16.08.010 Scope 16.08.050 Severability 16.08.030 Site map, grading plan required 16.08.100 Soils engineering reports 16.08.130 Title of chapter 16.08.000 Violation penalties designated 16.08.290 remedies deemed cumulative 16.08.300 Work completion notice, report 16.08.260 schedule required 16.08.140 EXPLOSIVES Disposal 6.24.100 Permit issuance 10.20.020 required, application 10.20.010 Storage 10.20.030 Violation, penalty 10.20.040 -F- FALSE ALARM See ALARM FAMILY CARE HOME Business license See also BUSINESS LICENSE fee 5.04.410 FENCE Chapter purpose 16.28.010 Construction design review guidelines general 16.28.040 site review required 16.28.030 Construction site temporary fences 16.28.065 Defmitions 16.28.020 Electronic security gates 16.28.045 Exceptions 16.28.060 Location See Construction design review guidelines Materials See Construction design review guidelines Proximity to public streets 16.28.050 625 cc~p~~,o s-oil FENCE Setback, area requirements front 16.28.020 rear 16.28.020 side 16.28.020 vehicular electronic security gates 16.28.045 Violation, penalty 16.28.070 FINANCE See PURCHASING FINANCE DIRECTOR Purchasing officer, designation, duties See PURCHASING OFFICER Storm drainage service charge bill correction authority 3.36.150 collection duties balance payments 3.36.090 generally 3.36.080 omitted chazges 3.36.100 premises inspection authority 3.36.190 FINANCE OFFICER Alarm systems administration and enforcement 10.26.100 appeals hearing 10.26.120 FINE ARTS ACTIVITIES Regulations generally 2.80.080 FINE ARTS COMMISSION Compensation, expenses 2.80.090 Effect of provisions 2.80.100 Established, appointment, composition 2.80.010 Meetings generally 2.80.050 quorum 2.80.050 voting, requirements 2.80.060 Members appointment, composition 2.80.010 term of office 2.80.020 vacancy filling, removal procedures 2.80.030 Officers 2.80.040 Powers, duties generally 2.80.080 Recordkeeping 2.80.070 FIRE See FIRE CODE SMOKING FIRE CODE Administration 16.40.020 Adopted 16.40.010 Amendments 16.40.020-16.40.370 Appeals 16.40.070 Compresses gas See also Penmits Storage limits permitted amounts 16.40.140 Defuutions 16.40.170-16.40.200 Fire extinguishing systems existing buildings 16.40.240 monitoring 16.40.250 new buildings 16.40.240 standards 16.40.220 Fire hydrant location, distribution 16.40.370 Flammable, combustible liquids See also Storage limits containment 16.40.310 monitoring 16.40.300 plans 16.40.290 tank locations 16.40.320 Fuel dispensing nozzles 16.40.270 stations, tanks, aboveground size 16.40.360 standards 16.40.350 Hazardous fire area suppression, control 16.40.380 Hazardous materials See also Toxic gases permitted amounts 16.40.150 Immersion heaters 16.40.260 Inspections 16.40.080 Liquefied petroleum gas See also Storage limits container plans 16.40.330 Permits compresses gases 16.40.090 cryogens 16.40.100 day care facilities 16.40.110 fees 16.40.160 cc~P~~o s-oi~ 626 INSPECTION INSPECTION Exemption from provisions 1.08.020 Notification of rights 1.08.030 Warrant required 1.08.010 -J- Duties, powers, responsibilities 2.68.070 Effect 2.68.080 Established 2.68.010 Meetings, quorum 2.68.040 Records 2.68.060 Term of office 2.68.020 Vacancy, removal 2.68.030 JUNKYARD Business license See also BUSIlVESS LICENSE fee 5.04.350 -K- KENNEL See ANIMAL -L- LAND DEVELOPMENT PLANNING See also ZONING General plan content, scope 20.02.020 preparation, adoption, amendment 20.02.025 purpose 20.02.010 Specific plans applicability 20.04.020 contents 20.04.050 fees 20.04.060 preparation, adoption, amendment, repeal 20.04.030 purpose 20.04.010 zoning district designation 20.04.040 LANDSCAPING, XERISCAPE LICENSE See also PERMIT Bicycle 11.08.020 Bingo 5.32.270 Business See BUSINESS LICENSE Cat 8.08.350 Commercial advertising 10.52.060 Dog 8.08.260 LIQUOR Alcoholic beverages, gasoline concurrent sales appeals 19.106.070 applicability of provisions 19.106.020 conditional use permit findings, basis 19.106.050 grant criteria 19.106.030 hearing 19.106.040 purpose of provisions 19.106.010 restrictions generally 19.106.060 Consumption, open container possession prohibitions 10.49.010 Violation, penalty 10.49.020 LOADING ZONES See PARKING Appeal 14.15.060 - M - Applicability 14.15.030 Definitions 14.15.020 MANAGER, CITY Design plan requirements, review 14.15.050 Abandoned, inoperative vehicle Exceptions, exemptions 14.15.040 enforcement 11.04.040 Purpose, findings 14.15.010 removal authority 11.04.061 Violation, penalty 14.15.070 storage notice 11.04.130 Animal control LIBRARY COMMISSION administrative authority 8.01.040 Compensation 2.68.050 seizure hearing 8.06.040 637 (Cupertino 5-Ol) MANAGER, CITY Approved street tree enforcement 14.16.080 Bicycle enforcement 11.08.030 lanes designation 11.08.250 license issuance 11.08.040 Bingo, provisions administration 5.32.170 Clerk, city, appointment 2.20.100 Commission meetings, attendance 2.28.060 Compensation, reimbursement 2.28.080 Created 2.28.010 Departmental organization authority 2.48.030 Director of emergency services 2.40.050 Eligibility, bond 2.28.030 Encroachment permit issuance 14.08.040 Garage, patio sale enforcement authority 5.16.060 Grocery store enforcement authority 5.36.060 Park and/or building permit issuance 13.04.040 Parks administration 13.04.220 Pedestrian regulations administration 11.09.020 Powers, duties 2.28.040 Relations with council 2.28.050 Residence requirement 2.28.020 Sales and use tax, alternate, collection 3.09.050 Smoking prohibition regulations enforcement 10.25.080 Solicitor administrative authority 5.20.100 identification permit application investigation 5.20.020 revocation, duties 5.20.070 Street tree enforcement 14.12.030 Surplus sales officer duties 3.25.020 Suspension, removal, resignation 2.28.090 Taxicab driver license suspension, revocation 5.28.180 Temporary absence, replacement 2.28.070 Traffic speed limit signing 11.12.040 stop intersection signing 11.20.040 Water department duties 15.12.090 provisions enforcement 15.12.050 MASSAGE ESTABLISHMENTS, SERVICES Appeals 9.06.220 Applicability of provisions 9.06.270 Definitions 9.06.020 Exemptions from provisions 9.06.030 Inspection of premises 9.06.230 License, permit See also Permit application 9.06.050 denial grounds 9.06.070 documentation 9.06.055 expiration, renewal 9.06.065 fee 9.06.060 required 9.06.040 revocation, suspension grounds 9.06.200 hearing 9.06.210 Operating requirements 9.06.193 Permit See also License, permit massage therapist criteria 9.06.110 medical exam 9.06.160 required 9.06.080 test 9.06.120 outcall massage application 9.06.180 criteria 9.06.190 Prohibited acts 9.06.198 Purpose of provisions 9.06.010 Sanitary conditions 9.06.196 Violation continuing 9.06.260 nuisance 9.06.240 penalty 9.06.250 MAYOR Board of appeals appointment 16.04.020 Disaster council chairman 2.40.030 Electrical board of appeals appointment 16.16.130 Employees' retirement system execution 2.56.020 MECHANICAL CODE Adopted 16.24.010 Amendments Section 310.1 16.24.030 Table No. 1-A 16.24.070 cc~p~,~o s-oil 638 MECHANICAL CODE Appeals 16.24.060 Condensate wastes 16.24.030 Name substitution 16.24.020 Permit fees 16.24.070 Violation, penalty 16.24.080 MINOR See BINGO cuRFEw MOBILE VENDORS See VENDORS, MOBILE MOSQUITOES Abatement by city when 9.16.080 cost See also Lien payment by owner 9.16.090 notice contents 9.16.050 when 9.16.040 Breeding places declared nuisance 9.16.020 Enforcement authority 9.16.030 Findings, intent 9.16.010 Health officer defined 9.16.150 Hearing 9.16.060 Lien exemption 9.16.140 foreclosure 9.16.120 generally 9.16.100 recordation, priority 9.16.110 satisfaction from sale proceeds Recurrence of nuisance 9.16.070 MOTEL Business license See also BUSINESS LICENSE fee 5.04.390 MOTOR COURT Business license tax rate 5.04.390 MOVING BUII.DINGS See BUILDING - N - NEWSPAPER See ADVERTISEMENT NEWSRACKS Administration See Committee Amortization 10.21.120 Appeals 10.21.100 Applicability of provisions 10.21.030 Committee 10.21.060 Defuutions 10.21.020 Design standards 10.21.040 Display of certain materials prohibited 10.21.050 Maintenance 10.21.070 Permit, insurance requirements 10.21.080 Purpose of provisions 10.21.010 Violation abatement 10.21.090 penalty 10.21.110 NOISE CONTROL Administration 10.48.020 Animals, birds 10.48.061 Brief daytime incidents 10.48.050 City department duties 10.48.023 Definitions 10.48.010 Deliveries, pickups, nighttime 10.48.062 Disturbance prohibited 10.48.060 Emergency exception 10.48.030 Exceptions 9.16.130 appeal 10.48.032 emergency 10.48.030 homeowner construction work 10.48.029 special, granting 10.48.031 Grading, construction, demolition 10.48.053 Home maintenance activities 10.48.051 Maximum levels 10.48.040 Motor vehicle faulty muffler system 10.48.056 idling 10.48.055 Multiple-family dwelling unit, interior noise 10.48.054 639 (Cupertino 5-01) NOISE CONTROL Multiple section applicability 10.48.013 Officer See NOISE CONTROL OFFICER Other remedies 10.48.014 Outdoor public events 10.48.055 Recreational vehicles 10.48.057 Violation notice 10.48.011 penalty 10.48.012 NOISE CONTROL OFFICER Administrative duty 10.48.020 Defined 10.48.010 Duties 10.48.022 Exception granting authority 10.48.031 Noise abatement order 10.48.011 Powers 10.48.021 NUISANCE Abandoned, wrecked, inoperative vehicle 11.04.010 Abatement See NUISANCE ABATEMENT Animal 8.08.150 Code chapters designated 1.09.180 Fire code violations 16.40.750 Graffiti 10.60.020 Nighttime delivery to commercial establishment 10.48.062 Penalty 1.12.030 Property maintenance See PROPERTY MAINTENANCE Sewer wells, cesspools, seepage pits 15.20.120 Sign, illegal 17.52.070 Watercourse pollution discharge 9.18.050 Weeds 9.08.020 Zoning provisions, noncompliance 1.09.170 NUISANCE ABATEMENT Civil action permitted 1.09.100 Compliance, time limit. 1.09.080 Cost recovery 1.09.090 Declaration of nuisance 1.09.040 Definitions 1.09.030 Hearing council action 1.09.070 notice form 1.09.050 service, posting 1.09.060 Purpose of provisions 1.09.020 Short title, statutory authority 1.09.010 Violation, penalty 1.09.160 - O - OFF-STREET VEHICLES Appeal from permit denial 11.10.015 Exemptions 11.10.013 Operation parent, guardian responsibility 11.10.014 permit requirements 11.10.012 Purpose of provisions 11.10.010 Vehicle defined 11.10.011 Violation, penalty 11.10.016 ORDINANCE See also RESOLUTION Clerk record keeping 2.20.030 Defined 1.04.010 Passage effective date 2.12.050 time, reading 2.12.020 vote required 2.12.040 Publication 2.12.010 Real property description requirements 2.12.060 - P - PACIFIC GAS AND ELECTRIC COMPANY See FRANCHISE PARADES AND ATHLETIC EVENTS Administration, authority designated 10.44.030 City costs, reimbursement 10.44.075 Definitions 10.44.020 Indemnification requirements 10.44.055 Liability insurance required 10.44.056 Obstruction, interference prohibited 10.44.130 (Cupertino 5-Ol) (~0 PARADES AND ATHLETIC EVENTS Permit appeal 10.44.140 application contents 10.44.050 criteria 10.44.100 decision, notice 10.44.100 fee 10.44.070 filing period 10.44.060 contents 10.44.110 required 10.44.040 640-1 cc~P~~a s-oi>