1996 DecemberSUPPLEMENT
INSERTION GUIDE
CUPERTINO MUNICIPAL CODE
December, 1996
(Covering Ordinances through 1741)
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 Pages
Preface ...............Preface
Checklist ........... Checklist
TEXT
23-24 ...............23-24
73-78/86...... .... 73-78/86
89-100 ....... ..... 89-100b
100-7-100- 8 ... .. 100-7-100- 8
100-13-100-14 . .......... .
............ 100-13-100-14
103 .......... ......... 103
119-124 ...... ..... 119-124
128-1-130..... ... 129-130-1
133-134 ...... ..... 133-134
142-1-142- 2 ... .. 142-1-142-4
151-152/156 ... .. 151-152/156
160-1-162..... ... 161-162-2
165-166/ 180 ... .. 165-166/ 180
209-210 ...... ..... 209-210
210-7 ......... ........ 210-7
215-216 ...... ..... 215-216
235-242c ..... ..235-240/242
242-9-258..... ..... 243-258
259-278-2 ..... .......... .
............ 259-278/278-2
278-2c-283 .... .....279-283
Remove Pages Insert Pages
295-296 ........... 295-296
301-310-1 .... ...... 301-309
313-314 ..... ...... 313-314
317-318 ..... ...... 317-318
319-3 20 ..... ...... 319-3 20
3 29-3 3 2 ..... .... 3 29-3 3 2-1
3 34-1-3 34- 3 .. ... 3 34-1-3 34- 3
339-340 ..... ...... 339-340
342-1-342-7 .. ... 342-1-342- 2
355 ......... .......... 355
368-1-368-4 .. ... 368-1-368-4
373-376-2.... ....373-376-2a
376-5-378-2 .. .... 377-378-2
378-4a-378-6 . ... 378-5-378-6
403-406 ..... ...... 40306
415-416 ..... ...... 415-416
418-1-420.... .... 419-420-2
443-448 ..... ...... 44348
45556 ..... ...... 455-~56
481 ......... .......... 481
505-506/516 .. ....... 505/515
569-570 ..... ...... 569-570
588-17-588-18 ........... .
........... . 588-17-588-18
588-22c-588-22d .......... .
........... 588-22c-588-22d
Remove Pages Insert Pages
588-33-588-36 ........... .
............ 588-33 -588-36
588-52a-588-52d ...... .... .
...........588-52a-588-52d
588-52i-588-52k ...... .....
........... 588-52i- 588-52j
--- ..........588-74a-588-74b
588-79-588-80 ....... .... .
............ 588-79 -588-80
588-87-588-88 ....... .... .
............ 588-87 -588-88
588-103-588-106...... .... .
...........588-103- 588-106
TABLES
595-600 ........... 595-599
605-614-10.......605-~ 14-11
INDEX
615-628 ........... 61527
633-654 ........ 63352/654
657-664 ........... 657-663
669-670 ........... 66970
67374 ........... 673-674
PREFACE
The Cupertino Municipal (;ode, 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 .050, located in Chapter 17.12 of
Title 17. In most instances, sections aze numbered by tens (.010,
.020, .030, etc.), leaving nine vacant positions between original
sections to accommodate fut~zre provisions. Similarly, chapters
and titles are numbered to provide for internal expansion.
In pazentheses following each section is a legislative history
identifying the specific sources 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 appeaz in
the codification.
Footnotes referring to applicable statutory provisions aze
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 1741, passed September 16, 1996.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(Ctipertino 12-96)
CHI.CKLIST
CUPERTINO 1VIUNICIPAL CODE
This checklist is included to provide a positive means for ascertaining whether your code contains all
current pages. After insertion of the 12-96 supplemelit, the Cupertino Municipal Code should contain the pages
indicated below. Wherever there is a dash page, it has been listed individually.
Page Number Date
Title 1:
1 .............................. 1-95
3-15 .......................... 12-95
Title 2:
17 ............................. 5-96
19-22 ......................... 12-95
22-1-22-3 ...................... 12-95
23-24 ......................... 12-96
24a-24b ........................ 1-95
25-51 ......................... 12-95
52/58 .......................... 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
70-5-70-8 ....................... 5-96
70-9 ............................ 5-95
Page Number Date
Title 4:
101 ......................... (no date)
Title 5:
103 ........................... 12-96
105-106 ....................... 12-95
107-108 ........................ 2-93
109-110 ....................... 12-95
111-114 ........................ 2-93
115-117 ....................... 12-95
119-124 ....................... 12-96
125-128 ........................ 5-96
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:
Title 3:
71 ............................ 12-95
73-77 ......................... 12-96
78/86 .......................... 12-96
87-88 ....................... (no date)
89-100 ........................ 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
143-150 ........................ 5-96
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)
(Cupertino 12-96)
Page Number Date
Title 8:
183-204 ........................ 5-94
204-1-204-3 ..................... 5-94
Title 9:
205 ............................ 2-93
207- 208 ..................... (no date)
209- 210 ..................... .. 12-96
210-1 -210-6 .................. ... 3-96
210-7 ........................ .. 12-96
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 ......................... .. 12-96
Title 10:
245-25 8 ....................... 12-96
258-1 ........................... 9-92
259-277 ....................... 12-96
278/278-2 ....................... 12-96
278-2a-278-2b .................... 1-95
279-281 ....................... 12-96
Title 11:
283 ........................... 12-96
285-290 ........................ 5-95
291-294 ........................ 8-94
295-296 ....................... 12-96
296-1 .......................... 12-87
297/299 ........................ 11-86
301-309 ....................... 12-96
311-312 ........................ 3-87
313-314 ....................... 12-96
315-316 ........................ 8-96
Page Number Date
317-318 ....................... 12-96
318-1 ........................... 8-94
319-320 ....................... 12-96
320a ............................ 5-95
320-1-320-2 ..................... 5-94
320-3 ........................... 5-96
321-322 ........................ 9-89
322-1 ........................... 9-89
323-324 ....................... 12-87
325-328 ....................... 11-86
3 29-3 3 2 ....................... 12-96
332-1 .......................... 12-96
333-334 ....................... 11-86
334-1-334-3 .................... 12-96
335-338 ..................... (no date)
3 3 9-340 ....................... 12-96
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)
368-1-3 68-4 .................... 12-96
369-372 ..................... (no date)
373-376 ....................... 12-96
376-1-3 76-2 .................... 12-96
376-2a ......................... 12-96
376-3-376-4 ..................... 4-94
(Cupertino 12-96) 11
Page Number Date
377-378 ....................... 12-96
378-1-378-2 .................... 12-96
378-3-378-4 ..................... 5-96
378-5-378-6 .................... 12-96
379-382 ..................... (no date)
383-3 85 ........................ 8-94
Title 15:
387 ............................ 4-90
389-392 ........................ 3-87
393-398 ........................ 2-93
399/401 ......................... 2-93
403-406 ....................... 12-96
407 11 ..................... (no date)
412-1 ~ 12-2 .................... 10-93
Title 16:
413 ........................... 10-90
415-416 ..................... .. 12-96
41718 ..................... ... 3-96
419-~20 ..................... .. 12-96
420-1 X20-2 .................. .. 12-96
421-434 ..................... (no date)
435-436 ..................... ... 2-93
43742 ..................... ... 3-96
443-~48 ..................... .. 12-96
449-454 ..................... .. 10-93
455-~56 ..................... .. 12-96
45758 ..................... (no date)
45962 ..................... ... 3-96
463--~64 ..................... ... 8-96
464-1 X64-2 .................. ... 3-96
464-2a-X64-2m ................ ... 3-96
464-3-464-14 ................. .. 10-90
465-472 ..................... (no date)
473-~74 ..................... ... 3-88
474-1-474-2 .................. ... 3-88
475-480 ..................... ... 3-88
480-1 X80-2 .................. ... 3 -96
480-3-480-19 ................. .. 10-90
Page Number Date
Title 17:
481 ........................... 12-96
483-488 ....................... 10-93
48990 ........................ 5-96
491 X92 ....................... 10-93
49394 ....................... 12-94
494-1 .......................... 12-94
495-496 ....................... 10-93
497-500 ........................ 5-96
500-1 ........................... 5-96
501-504 ....................... 12-94
505/515 ........................ 12-96
Title 18:
517-568 ....................... 12-95
568-1-568-6 .................... 12-95
Title 19:
569-570 ....................... 12-96
571-572 ....................... 12-94
573-574 ........................ 2-93
575-576 ........................ 8-96
576-1 ........................... 7-95
577-578 ....................... 12-94
579-580 ....................... 12-93
581-582 ........................ 4-94
583-586 ........................ 7-95
586-1 ........................... 8-96
587-588 ........................ 2-93
588-1-588-6 ..................... 7-95
588-6a-588-6b .................... 7-95
588-7-588-8 ..................... 4-94
588-9-588-10 .................... 7-95
588-10a ......................... 7-95
5 88-11-5 8 8-12 ................... 4-94
588-13-5 88-14 ................... 7-95
588-14a-588-14c .................. 7-95
588-15-5 88-16 ................... 2-93
588-17-588-18 .................. 12-96
588-19-588-22 ................... 8-96
588-22a-588-22b .................. 8-96
588-22c-588-22d ................. 12-96
588-23-588-24 ................... 7-95
111 (Cupertino 12-96)
Page Number Date
588-24a-588-24b .................. 7-95
588-25 -588-26 .................. 12-93
588-27 -588-28 .................. . 4-94
588-29 -588-30 .................. 12-94
588-31 -588-32 .................. . 5-96
588-33 -588-36 .................. 12-96
588-37 -588-38 .................. 12-95
588-38a-588-38b ................. 12-95
588-39 -588-42 .................. . 2-93
588-43 -588-44 .................. . 7-95
588-45- 588-48 .................. . 2-93
588-49- 588-52 ................... 4-94
588-52a-588-52d ................. 12-96
588-52e-588-52h .................. 5-95
588-52i -588-52j .................. 12-96
588-53- 588-60 ................... 2-93
588-61- 588-62 .................. 12-93
588-63- 588-64 ................... 4-94
588-65- 588-66 ................... 8-94
588-67- 588-68 ................... 7-95
588-68a ......................... 7-95
588-69- 588-70 .................. 12-94
588-71- 588-74 ................... 4-94
588-74a-588-74b ................. 12-96
588-75- 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- 588-92 .................. 12-94
588-93- 588-94 ................... 4-94
588-95- 588-99 .................. 12-93
Title 20:
588-101 ........................ 12-94
588-103-588-106 ................. 12-96
Tables:
5 89-590 ........................ 5-96
591-592 ....................... 12-95
593-594 ........................ 2-93
595-599 ....................... 12-96
601-604 ........................ 3 - 96
(Cupertino 12-96)
1V
Page Number Date
605---~ 14 ....................... 12-96
614-1-614-11 ................... 12-96
Index:
615-627 ....................... 12-96
629/631 ......................... 3-96
633-651 ....................... 12-96
652/654 ........................ 12-96
655-656 ....................... 12-95
657-663 ....................... 12-96
665-666 ........................ 5-96
667-~68 ........................ 7-95
66970 ....................... 12-96
670-1 .......................... 12-94
671-672 ........................ 4-94
673-674 ....................... 12-96
674-1 ........................... 7-95
675 ........................... 12-93
2.16.010
Chapter 2.16
CITY COUNCIL-SALARIES*
Sections:
2.16.010 Statutory basis.
2.16.020 Amount of salary-Effective
date.
2.16.030 Reimbursement.
* For statutory provisions regarding salary schedules forcity council-
men, see Gov. Code § 36516.
2.16.010 Statutory basis.
Section 36516 of the Government Code of the
State authorizes the City Council to enact an ordi-
nance providing that each member of the City
Council shall receive a salary in accordance with a
schedule set forth in said section. (Ord. 1728 (part),
1996: Ord. 1660 (part), 1994: Ord. 393 § 1, 1969)
2.16.020 Amount of salary Effective date.
A. Each member of the City Council shall re-
ceive asalary of five hundred ten dollazs and thirty
cents per month, or fraction thereof.
B. Upon beginning a new term of office for a
Councilmember, the Council shall receive a salary
of five hundred thirty-five dollazs and eighty cents
per month, or fraction thereof. (Ord. 1728 (part),
1996: Ord. 1660 (part), 1994: Ord. 1487, 1989: Ord.
1402, 1987: Ord. 1281, 1984: Ord. 977, 1980: Ord.
721 § 1, 1976: Ord. 393 § 5, 1969)
2.16.030 Reimbursement.
The salaries prescribed herein aze and shall be
exclusive of any amounts payable to each member
of the Council as reimbursement for actual and
necessary expenses incurred by him/her in the per-
formance of official duties for the City. (Ord. 1728
(part), 1996: Ord. 1660 (part), 1994: Ord. 326 § 5,
1966)
23
(Cupertino 12-96)
2.18.010
Chapter 2.18
CITY ATTORNEY
Sections:
2.18.010 Office of the City Attorney
established.
2.18.020 Function and duties.
2.18.030 Council-Attorney relations.
2.18.040 Attorney-staff relations.
2.18.050 Relations between Attorney
and individual members of the
public.
2.18.060 Bond.
2.18.070 Acting City Attorney.
2.18.080 Agreements on employment.
2.18.090 Assistants and employees.
2.18.100 Eligibility.
2.18.110 Suspension-Removal-
Resignation.
2.18.010 Office of the City Attorney
established.
A. The office of the City Attorney, as set forth
in Government Code § 36505, is established. The
City Attorney shall be appointed by the City Coun-
cil wholly on the basis of his or her qualifications.
The City Attorney shall hold office for and during
the pleasure of the City Council.
B. The office of the City Attorney shall consist
of the City Attorney and such assistants as may be
authorized by the Council.
C. The City Attorney shall administer the office,
be responsible for the successful performance of its
functions, and shall serve under the direct supervi-
sion and control of the Council as its legal advisor.
D. The Council may retain or employ other
attorneys, assistants, or special counsel as may be
needed to take charge of any litigation or legal
matters or to assist the City Attorney therein. (Ord.
1673 § 1 (part), 1994)
2.18.020 Function and duties.
The functions of the office of the City Attorney
shall be to:
A. Advise the Council and all City officers in all
matters pertaining to their offices;
B. Furnish legal services at all meetings of the
Council, except when excused or disabled, and give
advice or opinions on the legality of all matters
under consideration by the Council or by any of the
boards, commissions, committees or officers;
C. Prepare and/or approve all ordinances, resolu-
tions, agreements, contracts, and other legal instru-
ments as shall be required for the proper conduct of
the business of the City and approve the form of all
contracts, agreements, and bonds given to the City;
D. Provide the necessary legal services required
in connection with the acquisition of land or ease-
ments on behalf of the City;
E. Subject to the general direction of the Coun-
cil, prosecute and defend the City, and all boards,
officers and employees in their official capacities,
all civil proceedings before judicial and quasi-judi-
cial tribunals. The City Attorney shall not compro-
mise, settle or dismiss any action for or against the
City without permission of the City Council. Nor
shall the City Attorney commence any civil action
without the permission of the Council.
F. Prosecute all violations of City ordinance;
provided, however, that the City Attorney is not
required to prosecute any misdemeanor or infraction
within the City arising out of a violation of State
law. (Ord. 1673 § 1 (part), 1994)
2.18.030 Council-Attorney relations.
Individual Councilmembers may seek and obtain
legal advice from the City Attorney on any matter
or matters pertaining to the legal position of the
City. Any such advice given to individual
Councilmembers, however, may be repeated to the
entire Council at any regular or special Council
meeting. With respect to advice to individual
Councilmembers regarding potential conflicts of
interest, the City Attorney may render informal
advice; provided, however, that it is understood that
a Councilmember is automatically protected from
(Cupertino 12-96) 24
3.04.010
Chapter 3.04
DOCUMENTARY STAMP TAX*
Sections:
3.04.010 Short title-Statutory
authority.
3.04.020 Imposition.
3.04.030 Payment responsibility.
3.04.040 Exemptions.
3.04.090 Administration.
3.04.100 Claims for refund.
' For statutory provisions authorizing cities to impose a documentary
stamp tax on the sale of real property within the city limits, see
Rev. & Tax. Code § 11901 et seq.
3.04.040 Exemptions.
Any tax imposed pursuant to this chapter shall
not apply to any instrument which is exempt from
taxation pursuant to Chapter 3 of Division 2 of Part
6.7 section 11921 et seq. of the California Revenue
and Taxation Code. (Ord. 1705 (part), 1995: Ord.
377 § 4, 1967)
3.04.090 Administration.
The county recorder shall administer this chapter
in conformity with the provisions of Part 6.7 of
Division 2 of the Revenue and Taxation Code and
the provisions of Santa Clara County Ordinance No.
NS-215 adopted pursuant thereto. (Ord. 377 § 9,
1967)
3.04.010 Short title~Statutory authority.
This chapter shall be known as the "real property
transfer tax ordinance of the City of Cupertino." It
is adopted pursuant to the authority contained in
Part 6.7 (commencing with Section 11901) of Divi-
sion 2 of the Revenue and Taxation Code of the
state of California. (Ord. 377 § 1, 1967)
3.04.020 Imposition.
There is imposed on each deed, instrument or
writing by which any lands, tenements, or other
realty sold within the City is granted, assigned,
transfen ed or otherwise conveyed to, or vested in,
the purchaser or purchasers, or any other person or
persons, by his or their direction, when the consider-
ation or value of the interest or property conveyed
(exclusive of the value of any lien or encumbrances
remaining thereon at the time of sale) exceeds one
hundred dollars, a tax at the rate of twenty-seven
and one-half cents for each five hundred dollars or
fractional part thereof. (Ord. 377 § 2, 1967)
3.04.030 Payment responsibility.
Any tax imposed pursuant to Section 3.04.020
shall be paid by any person who makes, signs or
issues any document or instrument subject to the
tax, or for whose use or benefit the same is made,
signed or issued. (Ord. 377 § 3, 1967)
3.04.100 Claims for refund.
Claims for refund of taxes imposed pursuant to
this chapter shall be governed by the provisions of
Chapter 5 (commencing with Section 5096) of Part
9 of Division 1 of the Revenue and Taxation Code
of the State of California. (Ord. 377 § 10, 1967)
73 cc~peraoo is-~>
3.08.010
Chapter 3.08
SALES AND USE TAX*
Sections:
3.08.010 Short title.
3.08.020 Rate.
3.08.030 Operative date.
3.08.040 Purpose.
3.08.050 Contract with state.
3.08.060 Sales tax.
3.08.070 Place of sale.
3.08.080 Use tax.
3.08.090 Adoption of provisions of state
law.
3.08.100 Limitations on adoption of
state law.
3.08.110 Permit not required.
3.08.120 Exclusions and exemptions.
3.08.150 Amendments.
3.08.160 Enjoining collection forbidden.
3.08.170 Violation-Penalty.
* For statutory provisions regarding the Uniform Local Sales and Use
Tax Act, see Rev. & Tax Code § 7200 et seq.; for provisions
authorizing a sale and use tax, see Gov. Code § 37101.
3.08.010 Short title.
This chapter shall be known as the "Uniform
Local Sales and Use Tax Ordinance." (Ord. 611
(part), 1973)
3.08.020 Rate.
The rate of sales tax and use tax imposed by this
chapter shall be one percent of the gross receipts of
the retailer from the sale of all tangible personal
property sold at retail in the City on and after the
operative date of the ordinance codified herein.
(Ord. 1303 § 1, 1985: Ord. 611 (part), 1973)
3.08.030 Operative date.
This chapter shall be operative on January 1,
1974. (Ord. 611 (part), 1973)
3.08.040 Purpose.
The City Council declazes that the ordinance
codified in this chapter is adopted to achieve the
following, among other, purposes, and directs that
the provisions hereof be interpreted in order to
accomplish those purposes:
(a) To adopt a sales and use tax ordinance which
complies with the requirements and limitations
contained in Part 1.5 of Division 2 of the Revenue
and Taxation Code;
(b) To adopt a sales and use tax ordinance which
incorporates provisions identical to those of the
Sales and Use Tax Law of the state of California
insofaz as those provisions are not inconsistent with
the requirements and limitations contained in Part
1.5 of Division 2 of the Revenue and Taxation
Code;
(c) To adopt a sales and use tax ordinance which
imposes a tax and provides a measure therefor that
can be administered and collected by the State
Boazd of Equalization in a manner that adapts itself
as fully as practicable to, and requires the least
possible deviation from the existing statutory and
administrative procedures followed by the State
Boazd of Equalization in administering and collect-
ing the California State Sales and Use Taxes;
(d) To adopt a sales and use tax ordinance which
can be administered in a manner that will, to the
degree possible, be consistent with the provisions of
Part 1.5 of Division 2 of the Revenue and Taxation
Code, minimize the cost of collecting City sales and
use taxes and at the same time minimize the burden
of record keeping upon persons subject to taxation
under the provisions of this chapter. (Ord. 611
(part), 1973)
3.08.050 Contract with state.
Prior to the operative date, this City shall contract
with the State Boazd of Equalization to perform all
functions incident to the administration and opera-
tion of this sales and use tax ordinance; provided,
that if this City shall not have contracted with the
State Board of Equalization prior to the operative
date, it shall nevertheless so contract and, in such a
case, the operative date shall be the first day of the
first calendaz quarter following the execution of
such a contract rather than the first day of the first
(CS~perdno 12-96) 74
3.08.050
calendar quarter following the adoption of this chap-
ter. (Ord. 611 (part), 1973)
3.08.060 Sales tax.
For the privilege of selling tangible personal
property at retail, a tax is imposed upon all retailers
in the City at the rate stated in Section 3.08.020 of
the gross receipts of the retailer from the sale of all
tangible personal property sold at retail in this City
on and after the operative date. (Ord. 611 (part),
1973)
3.08.070 Place of sale.
For the purposes of this chapter, all retail sales
aze consummated at the place of business of the
retailer unless the tangible personal property sold is
delivered by the retailer or his agent to an
out-of--state destination or to a common carrier for
delivery to anout-of--state destination. The gross
receipts from such sales shall include delivery
charges, when such chazges aze subject to the State
sales and use tax, regazdless of the place to which
delivery is made. In the event a retailer has no per-
manent place of business in the State or has more
than one place of business, the place or places at
which the retail sales are consummated shall be
determined under rules and regulations to be pre-
scribed and adopted by the State Boazd of Equaliza-
tion. (Ord. 611 (part), 1973)
3.08.080 Use tax.
An excise tax is imposed on the storage, use or
other consumption in this City of tangible personal
property purchased from any retailer on and after
the operative date for storage, use or other consump-
tion in this City at the rate stated in Section
3.08.020 of the sales price of the property. The sales
price shall include delivery chazges when such
chazges aze subject to State sales or use tax regazd-
less of the place to which delivery is made. (Ord.
611 (part), 1973)
3.08.090 Adoption of provisions of state
law.
All provisions of Part 1.5 of Division 2 of the
Revenue and Taxation Code as now in effect or as
later amended, which are required to be included in
this chapter, are adopted and made part of this chap-
ter asthough fully set forth herein.
Except as otherwise provided in this chapter and
except insofaz as they aze inconsistent with the
provisions of Part 1.5 of Division 2 of the Revenue
and Taxation Code, all of the provisions of Part 1
of Division 2 of the Revenue and Taxation Code aze
adopted and made a part of this chapter as though
fully set forth herein. (Ord. 1705 (part), 1995: Ord.
611 (part), 1973)
3.08.100 Limitations on adoption of state
law.
In adopting the provisions of Part 1 of Division
2 of the Revenue and Taxation Code, wherever the
state of California is named or referred to as the
taxing agency, the name of this City shall be substi-
tuted therefor. The substitution, however, shall not
be made when the word "State" is used as part of
the title of the State Controller, the State Treasurer,
the State Boazd of Control, the State Boazd of
Equalization, the State Treasury, or the Constitution
of the state of California; the substitution shall not
be made when the result of that substitution would
require action to be taken by or against the City, or
any agency thereof rather than by or against the
State Boazd of Equalization, in performing the func-
tions incident to the administration or operation of
this chapter; the substitution shall not be made in
those sections, including, but not necessarily limited
to, sections referring to the exterior boundaries of
the State of California, where the result of the sub-
stitution would be to provide an exemption from
this tax with respect to certain sales, storage, use or
other consumption of tangible personal property
which would not otherwise be exempt from this tax
while such sales, storage, use or other consumption
remain subject to tax by the State under the provi-
sions of Part 1 of Division 2 of the Revenue and
Taxation Code, or to impose this tax with respect to
certain sales, storage, use or other consumption of
tangible personal property which would not be sub-
ject to tax by the State under the said provisions of
75 (c~~no ~z-~>
3.08.100
that code; the substitution shall not be made in
Sections 6701, 6702 (except in the last sentence
thereofj, 6711, 6715, 6737, 6797, or 6828 of the
Revenue and Taxation Code; and the substitution
shall not be made for the word "State" in the phrase
"retailer engaged in business in this State" in Sec-
tion 6203 or in the definition of that phrase in Sec-
tion 6203. (Ord. 611 (part), 1973)
3.08.110 Permit not required.
If a seller's permit has been issued to a retailer
under Section 6067 of the Revenue and Taxation
Code, an additional seller's permit shall not be
required by this chapter. (Ord. 611 (part), 1973)
3.08.120 Exclusions and exemptions.
There shall be excluded from the measure of tax:
A. The amount subject to tax shall not include
any sales or use tax imposed by the State upon a
retailer or consumer.
B. The storage, use or other consumption of
tangible personal property, the gross receipts from
the sale of which have been subject to tax under a
sales and use tax ordinance enacted in accordance
with Part 1.5 of Division 2 of the Revenue and
Taxation Code by any City and County, County or
City, in this State shall be exempt from the tax due
under this chapter.
C. There are exempted from the computation of
the amount of the sales tax the gross receipts from
the sale of tangible personal property to operators
of aircraft to be used or consumed principally out-
side the city in which the sale is made and directly
and exclusively in the use of such aircraft as com-
mon canters of persons or property under the au-
thority of the laws of this State, the United States
or any foreign government.
D. In addition to the exemptions provided in
Sections 6366 and 6366.1 of the Revenue and Taxa-
tion Code, the storage, use or other consumption of
tangible personal property purchased by operators
of aircraft and used or consumed by such operators
directly and exclusively in the use of such aircraft
as common carriers of persons or property for hire
or compensation under a certificate of public conve-
nience and necessity issued pursuant to the laws of
this State, the United States or any foreign govern-
ment is exempted from the use tax. (Ord. 1251
(part), 1983: Ord. 611 (part), 1973)
3.08.150 Amendments.
All subsequent amendments of the Revenue and
Taxation Code which relate to the sales and use tax
and which aze not inconsistent with Part 1.5 of
Division 2 of the Revenue and Taxation Code shall
automatically become a part of this chapter. (Ord.
611 (part), 1973)
3.08.160 Enjoining collection forbidden.
No injunction or writ of mandate or other legal
or equitable process shall issue in any suit, action
or proceeding in any court against the State or this
City, or against any officer of the State or this City,
to prevent or enjoin the collection under this chap-
ter, or Part 1.5 of Division 2 of the Revenue and
Taxation Code, of any tax or any amount of tax
required to be collected. (Ord. 611 (part), 1973)
3.08.170 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. 611
(part), 1973)
(C~,perano 12-~) 76
3.12.010
Chapter 3.12
TRANSIENT OCCUPANCY TAX*
Sections:
3.12.010 Short title.
3.12.020 Definitions.
3.12.030 Imposition.
3.12.040 Exemptions.
3.12.050 Operator's duties.
3.12.060 Registration.
3.12.070 Reporting and remitting.
3.12.080 Penalties and interest.
3.12.090 Failure to collect and report
tax-Determination of tax by
Tax Administrator.
3.12.100 Appeal.
3.12.110 Records.
3.12.120 Refunds.
3.12.130 Actions to collect.
3.12.140 Violation-Penalty.
* For statutory provisions regarding the authority of cities to impose
a tax on the occupancy of room space within the city limits, see
Rev. and Tax. Code Sec. 7280.
3.12.010 Short title.
This chapter shall be known as the "uniform
transient occupancy tax ordinance" of the City.
(Ord. 310 § 1, 1965)
3.12.020 Definitions.
Except where the context otherwise requires, the
definitions given in this section govern the construc-
tion of this chapter:
A. "Person" means any individual, firm, partner-
ship, joint venture, association, social club, fraternal
organization, joint stock company, corporation,
estate, trust, business trust, receiver, trustee, syndi-
cate, or any other group or combination acting as a
unit;
B. "Hotel" means any structure, or any portion
of any structure, which is occupied or intended or
designed for occupancy by transients for dwelling,
lodging or sleeping purposes, and includes any
hotel, inn, tourist home or house, motel, studio
hotel, bachelor hotel, lodging house, rooming house,
apartment house, dormitory, public or private club,
mobilehome or house trailer at a fixed location, or
other similaz structure or portion thereof;
C. "Occupancy" means the use or possession, or
the right to the use or possession of any room or
rooms or portion thereof, in any hotel for dwelling,
lodging or sleeping purposes;
D. "Transient" means any person who exercises
occupancy or is entitled to occupancy by reason of
concession, permit, right of access, license or other
agreement for a period of thirty consecutive calendaz
days or less, counting portions of calendaz days as
full days. Any such person so occupying space in
a hotel shall be deemed to be a transient until the
period of thirty days has expired unless there is an
agreement in writing between the operator and the
occupant providing for a longer period of occupan-
cy. In determining whether a person is a transient,
uninterrupted periods of time extending both prior
and subsequent to the effective date of the ordinance
codified herein may be considered;
E. "Rent" means the consideration chazged,
whether or not received, for the occupancy of space
in a hotel valued in money, whether to be received
in money, goods, labor or otherwise, including all
receipts, cash, credits and property and services of
any kind or nature, without any deduction therefrom
whatsoever;
F. "Operator" means the person who is propri-
etor of the hotel, whether in the capacity of owner,
lessee, sublessee, mortgagee in possession, licensee,
or any other capacity. Where the operator performs
his functions through a managing agent of any type
or chazacter other than an employee, the managing
agent shall also be deemed an operator for the pur-
poses of this chapter and shall have the same duties
and liabilities as his principal. Compliance with the
provisions of this chapter by either the principal or
the managing agent shall, however, be considered
to be compliance by both;
G. "Tax Administrator" means the City's Direc-
tor of Administrative Services or designee. (Ord.
1705 (part), 1995; Ord. 310 § 2, 1965)
77 (Cupertino ]2-96)
3.12.030
3.12.030 Imposition.
For the privilege of occupancy in any hotel, each
transient is subject to and shall pay a tax in the
amount of ten percent of the rent charged by the
operator. The tax constitutes a debt owed by the
transient to the City, which is extinguished only by
payment to the operator or to the City. The transient
shall pay the tax to the operator of the hotel at the
time the rent is paid. If the rent is paid in install-
ments, aproportionate shaze of the tax shall be paid
with each installment. The unpaid tax shall be due
upon the transient's ceasing to occupy space in the
hotel. If for any reason the tax due is not paid to the
operator of the hotel, the Tax Administrator may
require that such tax is paid directly to the Tax
Administrator. (Ord. 1705 (part), 1995; Ord. 1563,
1991: Ord.1520,1990; Ord. 1485, 1989; Ord. 1400,
1987; Ord. 1341,1985; Ord. 1210, 1982; Ord. 1187,
1982; Ord. 310 § 3, 1965)
3.12.040 Exemptions.
A. No tax shall be imposed upon:
1. Any person as to whom, or any occupancy as
to which, it is beyond the power of the city to im-
pose the tax herein provided;
2. Any Federal or State of California officer or
employee when on official business;
3. Any officer or employee of a foreign govern-
ment who is exempt by reason of express provision
of Federal law or international treaty.
B. No exemption shall be granted except upon
a claim therefor made at the time rent is collected
and under penalty of perjury upon a form prescribed
by the Tax Administrator. (Ord. 310 § 4, 1965)
3.12.050 Operator's duties.
Each operator shall collect the tax imposed by
this chapter to the same extent and at the same time
as the rent is collected from every transient. The
amount of tax shall be separately stated from the
amount of the rent chazged, and each transient shall
receive a receipt for payment from the operator. No
operator of a hotel shall advertise or state in any
manner, whether directly or indirectly, that the tax
or any part thereof will be assumed or absorbed by
the operator, or that it will not be added to the rent,
or that, if added, any part will be refunded except
in the manner hereinafter provided. (Ord. 310 § 5,
1965)
3.12.060 Registration.
Within thirty days after the effective date of the
ordinance codified herein, or within thirty days after
commencing business, whichever is later, each oper-
ator of any hotel renting occupancy to transients
shall register the hotel with the Tax Administrator
and obtain from him a "Transient Occupancy Regis-
tration Certificate" to be at all times posted in a
conspicuous place on the premises. The certificate
shall, among other things, state the following:
A. The name of the operator;
B. The address of the hotel;
C. The date upon which the certificate was is-
sued;
D. "This Transient Occupancy Registration Cer-
tificate" signifies that the person named on the face
hereof has fulfilled the requirements of the Uniform
Transient Occupancy Tax Ordinance by registering
with the Tax Administrator for the purpose of col-
lectingfrom transients the Transient Occupancy Tax
and remitting said tax to the Tax Administrator.
This certificate does not authorize any person to
conduct any unlawful business or to conduct any
lawful business in an unlawful manner, nor to oper-
ate ahotel without strictly complying with all local
applicable laws, including but not limited to those
requiring a
cc~~;oo iz-~~ 78/86
3.12.130
3.12.130 Actions to collect.
Any tax required to be paid by any transient
under the provisions of this chapter shall be deemed
a debt owed by the transient to the City. Any such
tax collected by an operator which has not been paid
to the City shall be deemed a debt owed by the
operator to the City. Any person owing money to
the City under the provisions of this chapter shall be
liable to an action brought in the name of the City
for the recovery of such amount. (Ord. 310 § 13,
1965)
3.12.140 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. 310
§ 14, 1965)
89
(C~pectino 12-96)
3.22.010
Chapter 3.22
PURCHASE OF SUPPLIES AND
EQUIPMENT
Sections:
3.22.010 Purpose of chapter.
3.22.020 Definitions.
3.22.030 Purchasing Oi~icer.
3.22.040 Purchase orders or check
requests needed-Use of petty
cash funds.
3.22.050 Availability of funds.
3.22.060 Purchase orders, check
requests or awards of
contracts-Bidding required
when-Exceptions.
3.22.070 Purchases from other public
agencies.
3.22.010 Purpose of chapter.
This chapter is enacted to set forth policy to
establish efficient procedures for the purchase of
supplies, materials, equipment and services at the
lowest possible cost commensurate with quality
needed, and to cleazly define authority for the pur-
chasing function of the City. (Ord. 1582 § 1 (part),
1992)
3.22.020 Defmitions.
For the purposes of this chapter, the following
words and phrases shall have the meanings ascribed
to them by this section.
1. "City" means and includes all the territory
lying within the municipal boundaries of the City of
Cupertino.
2. "Purchases." Purchases of supplies and
equipment shall include leases or rentals, as well as
transactions by which the City acquires ownership.
3. "Purchasing Officer" means the Finance Direc-
tor of the City or any other official designated by
the City Manager for administration of this chapter.
4. "Services" means any and all services includ-
ing, but not limited to, equipment service contracts.
The term does not include services rendered by City
officers or employees, or professional or other ser-
vices which aze by nature unique or for which the
procedure for procurement is specifically provided
by law.
5. "Supplies," "materials" and "equipment"
means any and all articles, things or personal prop-
erty furnished to or used by any City function. (Ord.
1582 § 1 (part), 1992)
3.22.030 Purchasing Officer.
A. The Purchasing Officer of the City is vested
with the authority for the purchase of supplies,
materials, equipment and services. When the provi-
sions and intent of this chapter. -may be best served
by so doing, the Purchasing Officer may authorize
in writing any department to investigate, solicit bids
or to negotiate the purchase or awazd of contracts
for supplies, materials, equipment or services for
that department, provided that such shall be done in
conformity with the procedures prescribed by this
chapter or by duly adopted administrative rules and
regulations pertaining thereto.
B. The Purchasing Officer shall have the
responsibility and authority to:
1. Purchase or contract for materials, supplies,
equipment and services to be performed as may be
required by any department of the City in accor-
dance with procedures prescribed by this chapter or
by such administrative rules and regulations as the
Purchasing Officer may adopt pursuant thereto;
2. Prepaze 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 purchasing system. (Ord.
1582 § 1 (part), 1992)
3.22.040 Purchase orders or check requests
needed-Use of petty cash funds.
A. Purchases of supplies, materials, equipment
or services shall be made only by means of purchase
orders or check requests processed and issued pursu-
ant to this chapter. The purchase orders or check re-
quests shall be valid only when signed by the City
Manager, the Purchasing Officer or other persons as
(C~pertino 12-96) 90
3.22.040
may be designated by the Purchasing Officer to act
in his behalf.
B. Nothing herein shall preclude the use of au-
thorized petty cash funds for purposes intended by
their establishment. (Ord. 1582 § 1 (part), 1992)
3.22.050 Availability of funds.
The Purchasing Officer shall not issue any
purchase order or check request, or award any con-
tractfor the acquisition of supplies, materials, equip-
ment or services, unless there exists an unencum-
bered appropriation in the funds as approved by
City Council resolution adopting procedures for
administration of the annual budget. The appropriate
account and funds shall be encumbered immediately
after the issuance of the purchase order or check
request or awazd of contract. (Ord. 1582 § 1 (part),
1992)
3.22.060 Purchase orders, check requests
or awards of contracts-Bidding
required when-Exceptions.
A. In instances where the acquisition of supplies,
materials, equipment or services will result in the
issuance of a purchase order or check request, or the
award of a contract with a dollaz value equal to or
in excess of the required dollaz value for public
works contracts described in Section 22032(b) of the
Public Contract Code, such will be authorized only
on action taken by the City Council.
Such action shall be taken through the formal
competitive bidding procedure utilized for public
works projects as set forth in Chapter 3.23 of this
code, or pursuant to the recommendation of the City
Manager when use of the bidding procedure is not
practicable due to limitations on the source of sup-
ply, necessary restrictions in specifications, neces-
sary standardization, quality considerations or if
other valid reasons for waiving the competitive
bidding procedures appeaz.
B. The Purchasing Officer may awazd contracts
or issue purchase orders or check requests for the
acquisition of supplies, materials, equipment or
services in the open mazket without observing the
competitive bidding procedure for public works
projects prescribed in Chapter 3.23 of this code
when the estimated dollar value is less than two
thousand five hundred dollars.
C. In instances where the acquisition of supplies,
materials, equipment or service will foreseeably
result in issuance of a purchase order or check re-
quest, or the awazd of a contract with a dollar value
of greater than two thousand five hundred dollazs,
but less than the dollaz value described in Section
22032(b) of the Public Contract Code, the Purchas-
ing Officer may awazd contracts, or issue purchase
orders or check requests for the acquisition of sup-
plies, materials, equipment or services under the
following informal procedures:
1. A notice inviting informal bids describing the
supplies, materials, equipment or services in general
terms, stating how to obtain more detailed informa-
tion about them, and stating the time and place for
the submission of bids, shall be mailed to a mini-
mum of three qualified vendors at least ten calendaz
days before such bids are due.
2. All informal bids shall be presented under
sealed cover (identified as bids on the envelope),
submitted to the Purchasing Officer who shall open
them at the time and place stated in the notice.
3. Purchase orders or check requests shall be
issued or contracts awazded to the lowest respon-
sible bidder.
4. Publication of notice inviting informal bids
is not required under this informal procedure.
D. Notwithstanding the provisions of this sec-
tion, the Purchasing Officer shall be authorized to
issue a purchase order or check request, or awazd a
contract, without regard to the estimated dollar
value, in the following instances:
1. Emergency Purchases. The immediate re-
quirement of an item necessary for the continued
operation of a department or for the preservation of
life or property shall be deemed an emergency. A
full report of the circumstances of emergency pur-
chases in excess of the required dollaz value for
competitive bidding established in the Public Con-
tract Code shall be filed with the City Council at its
next regular meeting;
91 (Cupertino 12-96)
3.22.060
2. Purchase orders, or check requests including
payment of claims against the City where a reason-
able advance estimate of cost is not possible or for
essential services of a recurring nature. Included but
not limited to this authorization are such items as
utility service for telephone, water, electricity and
gas, approved claims for liability under the City's
insurance program, renewal premiums for authorized
insurance policies, all expenditures for the City's
payroll and employee withholdings and other related
or unrelated matters involving this unknown ad-
vance cost estimate. (Ord. 1582 § 1 (part), 1992)
3.22.070 Purchases from other public
agencies.
Purchases of supplies, materials, equipment or
services from any other public agency created under
the laws of the State of California or the United
States Government, including the purchase of feder-
al surplus property, is exempted from the provisions
of this chapter. (Ord. 1582 § 1 (part), 1992)
ca,~oo ~s-~> 92
3.23.010
Chapter 3.23
PUBLIC WORKS CONTRACT AND
BIDDING PROCEDURES
Sections:
3.23.010 Purpose.
3.23.020 Defmitions.
3.23.030 Competitive bidding.
3.23.040 Notice inviting bids.
3.23.050 Presentation of bids~ecurity
required-subcontractor
designated in bid.
3.23.060 Opening bids.
3.23.070 Award of contract.
3.23.080 Forfeiture of security.
3.23.090 Award of contract to next
lowest bidder-Failure to
execute contract.
3.23.100 Award of contract to next
lowest bidder-Lowest bidder
irresponsible-Notice and
hearing.
3.23.110 Rejection of bids-Identical
bids-Absence of bids.
3.23.120 Informal bidding procedure for
public works projects.
3.23.130 Exempt from bidding
requirements.
3.23.140 Performance bond of successful
bidder.
3.23.150 Deposit of proceeds.
3.23.160 Additional work by City
authority.
3.23.170 Deletions of work by City
authority.
3.23.010 Purpose.
This chapter is enacted to enhance competition,
to prevent corruption and undue influence in the
awarding of public works contracts, and to clarify
the City's competitive bidding requirements estab-
lished pursuant to Part 3 of the California Public
Contract Code, Sections 20100 et seq. (Ord. 1583
§ 1 (part), 1992)
3.23.020 Definitions.
As used in this chapter, the following terms,
phrases, words and their derivations shall have the
meanings given in this section.
1. "Bid" means any proposal submitted to the
City in competitive bidding for the construction,
alteration, repair or improvement of any structure,
building, road or other improvement of any kind, or
for purchases and contracts for supplies, services
and equipment.
2. "City" means and includes all the territory
lying within the municipal boundaries of the City of
Cupertino.
3. "Lowest responsible bidder" means the lowest
bidder whose offer best responds in quality, fitness
and capacity to the particular requirements of the
proposed work.
4. "Public works contract" means an agreement
for the erection, construction, alteration, repair or
improvement of any public structure, building, road
or other public improvement of any kind.
5. "Public works project" means:
a. The erection, improvement, painting or repair
of public buildings and works;
b. Work to protect against overflow of streams,
bays, waterfronts or embankments;
c. Street or sewer work except for maintenance
or repair thereof;
d. Furnishing supplies or materials for any such
project, including the maintenance or repair of
streets or sewers. (Ord. 1583 § 1 (part), 1992)
3.23.030 Competitive bidding.
Except as otherwise provided in this chapter and
Chapter 3.22, purchases and contracts for supplies,
services, equipment and public works projects with
an estimated dollar value equal to or in excess of
the required dollar value for competitive bidding
established by Section 22032 of the California Pub-
lic Contract Code, shall be by written contract pur-
suant to the procedures prescribed in this chapter.
(Ord. 1583 § 1 (part), 1992)
93 ca,~n;oo ~2-~>
3.23.040
3.23.040 Notice inviting bids.
The notice inviting bids shall be in the form and
published as follows:
A. Notices inviting bids shall include:
1. A distinct description of the supplies, services
or equipment to be purchased, or the public works
to be performed;
2. The location where bid blanks and specifica-
tions may be secured;
3. The time and place for opening bids;
4. The type and amount of bidder's security re-
quired;
5. The class of license required for the public
works to be performed; and
6. A statement that the City has the authority to
reject any and all bids and may waive any minor
technicality or variance from the bid specifications.
B. The notice inviting bids shall be at least four-
teen calendaz days before the date of opening the
bids in a newspaper of general circulation printed
and published in the City. The notice shall also be
mailed at least thirty calendaz days before the date
of opening the bids to all construction trade journals
specified in Section 22036 of the California Public
Contract Code. (Ord. 1583 § 1 (part), 1992)
3.23.050 Presentation of bids-Security
required~ubcontractor
designated in bid.
A. All bids shall be presented under sealed cover
(identified as bids on the envelope), submitted to the
City Clerk and accompanied by one of the following
forms of bidder's security:
1. Cash;
2. A cashier's check made payable to the City;
3. A certified check made payable to the City;
4. A bidder's bond executed by an admitted sure-
ty insurer, made payable to the City.
B. The security shall be in an amount equal to at
least ten percent of the amount of the bid, or such
other sum as may be authorized by the California
Public Contract Code. A bid shall not be considered
unless one of the forms of bidder's security is en-
closed with it.
C. Upon awazd of the contract to the lowest re-
sponsible bidder, the security of an unsuccessful
bidder shall be returned in a reasonable period of
time, but in no event shall such security be held by
the City beyond sixty days from the date the notice
of award of contract is mailed.
D. All bidders on a public works project must
designate in their bids the name and address of each
subcontractor who will perform work exceeding
one-half of one percent of the prime contractor's
total bid and what portion of the work each sub-
contractor will perform. The prime contractor shall
list only one subcontractor for each portion of work
as is defined by the prime contractor in their bid.
(Ord. 1583 § 1 (part), 1992)
3.23.060 Opening bids.
Bids shall be opened in public at the time and
place stated in the notice inviting bids. A tabulation
of all bids received shall be open for public inspec-
tion during regulaz business hours for a period of
not less than fifteen calendar days after the bid
opening. Any bid which is received after the time
specified in the notice shall be returned unopened.
(Ord. 1583 § 1 (part), 1992)
3.23.070 Award of contract.
Contracts shall be awazded by the City Council
to the lowest responsible bidder except as otherwise
provided in this chapter. (Ord. 1583 § 1 (part),
1992)
3.23.080 Forfeiture of security.
If the successful bidder fails to execute the con-
tract within ten days after the date the notice of
award of contract is mailed, unless the City is
responsible for the delay, the amount of the bidder's
security shall be forfeited to the City except as
provided in Section 3.23.090. (Ord. 1583 § 1 (part),
1992)
3.23.090 Award of contract to next lowest
bidder-Failure to execute
contract.
The City Council may, on refusal or failure to the
ca,~;oo ~z-~> 94
3.23.090
successful bidder to execute the contract within ten
days after the date the notice of awazd of contract
is mailed, unless the City is responsible for the
delay, award it to the next lowest responsible bidder.
If the City Council awazds the contract to the sec-
ond lowest bidder, the amount of the lowest bidder's
security shall be applied by the City to the differ-
ence between the low bid and the second lowest bid,
and the surplus, if any, shall be returned to the
lowest bidder if cash or a check is used, or to the
bidder's surety if a bond is used. (Ord. 1583 § 1
(part), 1992)
3.23.100 Award of contract to next lowest
bidder-Lowest bidder
irresponsible-Notice and
hearing.
A. The City Council, in its sole discretion, may
reject the lowest bid for purchases and contracts for
supplies, services, equipment and public works
projects upon specific findings that the lowest bidder
is not responsible. To determine responsibility, the
City Council may consider, among other things, the
bidder's financial responsibility, type of license, type
of equipment, number of years experience in con-
struction work, other projects bidder worked on in
the last five yeazs, whether bidder has failed to
complete any contract and bidder's ability to be
bonded.
B. If the City Council rejects the lowest bid
upon its determination that the lowest bidder is not
responsible, the City shall do the following:
1. Give notice of the City Council's decision to
the lowest bidder, setting forth the reasons why
he/she is not considered the lowest "responsible"
bidder;
2. In the notice, give bidder an opportunity to
ask for apre-awazd hearing before the City Council
on the issue;
3. If hearing is requested, agenda the matter
pursuant to California Government Code hearing
requirements;
4. After the hearing, the City Council shall
make a finding, supported by the evidence on the
record, as to the nonresponsibility of the lowest
bidder. (Ord. 1583 § 1 (part), 1992)
3.23.110 Rejection of bids-Identical
bids-Absence of bids.
The City Council, in its sole discretion, may:
A. Reject any bids presented and readvertise for
new bids;
B. Reject any bid that fails to meet the bidding
requirements in any respect;
C. If two or more bids are the same and the low-
est, the City Council may accept the one it chooses;
D. If no bids aze received, the City Council may
have the project done without further complying
with this chapter;
E. Waive minor irregularities in any bid re-
ceived. (Ord. 1583 § 1 (part), 1992)
3.23.120 Informal bidding procedure for
public works projects.
Except as otherwise required by this chapter or
under state or federal law, the bidding procedures
of this chapter may be dispensed with for public
works projects with an estimated dollar value equal
to or less than the required dollaz value specified in
Subdivision (b) of Section 22032 of the Public
Contract Code, and the following informal bidding
procedures substituted:
A. The City shall maintain a list of qualified
contractors, identified according to categories of
work. Minimum criteria for compilation of the con-
tractor list shall be determined by the California
Uniform Construction Cost Accounting Commission
("Commission"). All contractors on the list for the
category of work being bid and/or all construction
trade journals specified by the Commission shall be
mailed a notice inviting informal bids, unless the
product or service is proprietary.
B. All notices to contractors and construction
trade journals shall be mailed not less than ten cal-
endaz days before the date of opening the bids.
C. (Repealed by Ord. 1632)
D. The City Council hereby delegates the author-
ity to award contracts pursuant to informal bidding
to the City Manager or other person designated in
95 (Cupertino 12-96)
3.23.120
writing by the City Manager. (Ord. 1632, 1993;
Ord. 1583 § 1 (part), 1992)
3.23.130 Exempt from bidding
requirements.
The following aze exempt from competitive bid-
ding requirements:
A. Professional Services. Includes, but is not re-
stricted to, services of lawyers, architects, engineers,
land surveyors, artists, and accountants;
B. Maintenance. Includes the maintenance and
repair of streets and sewers, but does not include the
furnishing of materials for such maintenance;
C. Emergency Work. If there is a great public
calamity, such as an extraordinary fire, flood, storm,
epidemic or other disaster, or if it is necessary to do
emergency work to prepaze for national or local
defense, the City Council may pass a resolution by
a four-fifths vote declaring that the public interest
and necessity demand the immediate expenditure of
public money to safeguazd life, health or property.
Upon adoption of the resolution, the City may ex-
pend any sum required in the emergency without
complying with this chapter;
D. Small Contracts. Any contract for supplies,
services, equipment and public works projects with
an estimated dollaz value less than the required
dollar value for competitive bidding established by
Section 22032 of the California Public Contract
Code;
E. Meaningless Bids. Where the nature of the
subject of the contract is such that competitive pro-
posals would not produce an advantage and when
the advertisement for competitive bidding would be
undesirable, impracticable or impossible;
F. Performance of Project After Rejection of
Bids. After rejection of bids presented, the City
Council may pass a resolution by afour-fifths vote
declaring that the project can be performed more
economically by day labor or the materials or sup-
plies furnished at a lower price in the open mazket.
Upon adoption of the resolution, the City is relieved
from further compliance with formal bidding re-
quirements. (Ord. 1583 § 1 (part), 1992)
3.23.140 Performance bond of successful
bidder.
The City Manager has authority to require a
performance bond before entering a contract, in such
amount as the City Manager finds reasonably neces-
sary to protect the best interests of the City or as
may be required by law.. If the City requires a per-
formance bond, the form and amount of the bond
shall be described in the notice inviting bids. (Ord.
1583 § 1 (part), 1992)
3.23.150 Deposit of proceeds.
The cash or proceeds collected pursuant to this
chapter shall be deposited in the fund out of which
the expenses of preparation and printing of the plans
and specifications, estimates of cost and publication
of notice aze paid. (Ord. 1583 § 1 (part), 1992)
3.23.160 Additional work by City
authority.
Notwithstanding the provisions of this chapter, if
any public works project is being performed upon
any street or utility, and the Director of Public
Works determines that additional City work is re-
quired upon the same street or utility, the Director
of Public Works may order that the additional City
work be accomplished by purchase order or contract
without complying with the bidding requirements
established in this chapter; provided, that the cost of
the additional work does not exceed the required
dollaz value for bidding established by Section
22032 of the California Public Contract Code. (Ord.
1583 § 1 (part), 1992)
3.23.170 Deletions of work by City
authority.
The City reserves the right to delete up to twenty-
five percent of the work on a public works contract
where such deletions would advance the project as
originally contemplated. (Ord. 1583 § 1 (part),
1992)
(Cupertino 12-96) 96
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.
best be achieved in the sales of surplus supplies and
equipment of the City, the acceptance of all bids
and the sales of all department 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)
3.25.010 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)
3.25.030 Centralized sales.
A. To the extent that efficiency and fairness may
3.25.040 Notice of surplus status.
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:
A. Notices inviting bids shall be prepared, pub-
lished once in a newspaper of general circulation
97 (Cupertino 12-96)
3.25.060
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 only be made at public auction, unless other-
wise authorized by the City Council. (Ord. 808
(Part), 1977)
(Cupertino 12-96) 98
3.32.010
Chapter 3.32
CONSTRUCTION TAX
Sections:
3.32.010 Purpose and intent.
3.32.020 Definitions.
3.32.030 Imposition of tax.
3.32.040 Tax rates.
3.32.045 Periodic adjustments by virtue
of changes in the cost of
construction.
3.32.050 Time of payment; refund.
3.32.060 Place of employment.
3.32.070 Exceptions.
3.32.080 Use of tax revenues.
3.32.010 Purpose and intent.
It is the purpose and intent of the City Council
in enacting this chapter that there be an excise tax
imposed on the construction of buildings and
mobilehome lots in the City, which tax is imposed
for the sole purpose of raising revenue for municipal
purposes.
This chapter may be cited as the "Construction
Tax Ordinance" of the city. (Ord. 603 (part), 1974)
3.32.020 Definitions.
A. "Building" means any structure intended for
the shelter, housing or enclosure, or all, of any
person, animal or chattel.
B. "Construct," as used in this chapter, means
the putting together, assembling, erection or altering
of construction materials, components or modules
into a structure, or portion of a structure, and in-
cludes reconstructing, enlazging or altering any
structure. "Construct" also includes the moving and
locating of a building, or portion thereof, onto a lot
or pazcel of land, and also includes the improvement
of land as a mobilehome lot.
C. "Dwelling unit" means a building or portion
thereof used exclusively for residential occupancy
by one family, with facilities for living and the
cooking and/or prepazation of food and includes a
mobilehome or mobilehome lot. Individual facilities
designed for group quarters shall be considered a
"dwelling unit" irrespective of whether each living
unit has facilities for cooking and/or prepazation of
food.
D. "Gross building azea," as used in this chapter,
means the azea of the several floors of a building
included within the surrounding exterior walls of a
building or portion thereof exclusive of noncommer-
cial pazking garages. Pazking gazages that obtain
their primary source of income from the pazking of
vehicles for a fee shall be considered commercial
parking gazages. Other types of garages shall be
considered noncommercial. The floor area of a
building, or portion thereof, not provided with sur-
rounding exterior walls shall be the usable azea
under the horizontal projection of the roof or floor
above.
E. "Mobilehome," as used in this chapter, means
a vehicle designed and equipped for human habita-
tion, including but not limited to travel trailers,
camp cazs, recreational vehicles, tent trailers, motor
homes, etc.
F. "Mobilehome lot," as used in this chapter,
means any area or portion of a lot designated, de-
signed, or used for the occupancy of one
mobilehome on a temporary, semipermanent, or
permanent basis.
G. "Person," as used in this chapter, means any
domestic stock company, partnership of any kind,
joint venture, club, Massachusetts business or com-
mon law trust, society or individual.
H. "Structure," as used in this chapter, means
anything constructed which is supported directly or
indirectly on the ground (at, above, or below the
surface of the ground).
I. As used in this chapter, the terms "residen-
tial," "commercial," "office," "industrial," "hotel,"
"motel" and "quasi-public," have the same meanings
as aze defined in the General Plan and zoning ordi-
nances of the City, as well as administrative inter-
pretations thereof. (Ord. 1224 § 1(A), 1983: Ord.
603 (pazt), 1974)
3.32.030 Imposition of tax.
An excise tax, at the rates set forth in this chap-
99 cGtiperano is-~>
3.32.030
ter, is hereby imposed upon every person who con-
structs, or causes to be constructed, any building, or
portion thereof, or any mobilehome lot, in the City,
in which said person has an equity or title or other
interest either as an owner, lessee or otherwise.
(Ord. 603 (part), 1974)
3.32.040 Tax rates.
The rates of the tax imposed are as follows
Use 1983 Base Tax Rate
ResideatiaUmobilehomes/ $240.00 per dwelling unit
mobilehome lots
IndustriaVoffice and $1.00 per square foot of gross
commercial, and quasi-public building area
uses described in Section
19.64.OSOA, C, D and E
BQ uses designated in Section 5096 of the tax rye for iadushial/
19.64.OSOB commercial
Hotel and motel $80.00 per room.
Mixed use projects shall be assessed based upon
the area devoted to each use category outlined
above, as determined by the Chief Building Official
of the City. The tax rates described above do not
include cost of living rate adjustments made since
1983 as mandated by Section 3.32.045 of this chap-
ter. (Ord. 1723, 1996: Ord. 1224 § 1(B), 1983: Ord.
603 (part), 1974)
3.32.045 Periodic adjustments by virtue of
changes in the cost of
construction.
Each of the base tax rates described in Section
3.32.040 of this chapter shall be adjusted by the
Chief Building Official of the City, on a quarterly
basis, up or down, by the percentage change in the
latest publication of the "All Urban Consumers All
Items" index published by the United States Depart-
ment of Labor, Bureau of Labor Statistics. From the
effective date of this chapter, the first such adjust-
ment shall occur on October 1, 1983 and thereafter
on the first day of each quarter thereafter. A current
written listing of each of the adjusted tax rates shall
be kept posted in at least two public places in the
City Hall of the City. (Ord. 1224 § 1(C) (part),
1983)
3.32.050 Time of payment; refund.
A. The amount of tax imposed for the construc-
tion of any building, or portion thereof, residential
units or mobilehome lots aze due and payable at the
time building permits aze issued.
B. There shall be a refund of the tax in the event
the permit expires or is revoked before construction
begins on facilities for which the tax has been im-
posed. (Ord. 1529, 1990: Ord. 1224 § 1(C) (part),
1983: Ord. 603 (part), 1974)
3.32.060 Place of employment.
The tax imposed under this chapter shall be paid
to the Treasurer of the City or his authorized agent.
(Ord. 1063, 1980: Ord. 603 (part), 1974)
3.32.070 Exceptions.
A. Circumstances under which a full or partial
payment of the excise tax shall be exempted aze
listed as follows:
1. The construction of a residential dwelling unit
which is a replacement for a unit being removed
from the same lot or pazcel;
2. The construction of an addition to an existing
residential dwelling unit; provided, that the addition
does not result in the creation of an additional resi-
dential dwelling unit;
3. Any construction by the City, the United
States or any agency or instrumentality thereof, the
State or any county, city and county, district or any
political subdivision of the State, or any other gov-
ernmental agency;
4. Reconstruction of a building which was dam-
aged or destroyed by earthquake, fire, flood, or
other cause over which the owner had no control
(provided that compliance with any building code
or other ordinance requirement of the City or of any
other applicable law shall not be deemed a cause
over which the owner has no control), but only if
the number of dwelling units in the building is not
increased and the number of square feet in the
building devoted to any use other than dwelling unit
is not increased. If the number of dwelling units in
the building and/or the number of squaze feet in the
building devoted to any use other than dwelling unit
cctip~oo tz-sb> 100
3.32.070
use is increased, then the tax imposed under this
chapter shall apply to such increased number of
dwellings and/or such increased floor azea;
5. The construction of any below mazket rate
residential dwelling unit as defined by the general
plan of the City;
6. The construction of any residential rental
dwelling unit development for handicapped persons
as defined by the general plan of the City;
7. The construction of meeting or convention
rooms in association with the construction of ho-
teUmotel facilities.
B. Nothing in this chapter shall be construed as
imposing a tax upon any person when imposition of
such tax upon that person would be in violation of
the Constitution of the United States or that of the
State. (Ord. 1224 § 1(D), 1983: Ord. 603 (part),
1974)
3.32.080 Use of tax revenues.
All of the construction taxes collected pursuant
to the provisions of this chapter, including all con-
struction taxes collected under previous ordinances,
shall be placed in the general fund of the City to be
used for the usual and current expenses of the City.
(Ord. 1224 § 1(E), 1983: Ord. 715 § 1, 1975: Ord.
603 (part), 1974)
1~00a cc~~~ano ~z-~~
3.34.005
Chapter 3.34
UTILITY USERS EXCISE TAX
Sections:
3.34.005 Purpose.
3.34.010 Defmitions.
3.34.020 Exemptions.
3.34.030 Telephone users tax.
3.34.040 Electricity users tax.
3.34.050 Gas users tax.
3.34.060 Service users receiving gas or
electricity directly.
3.34.070 Penalties.
3.34.080 Actions to collect.
3.34.090 Duty to collect Procedures.
3.34.100 Additional power and duties of
Tax Administrator.
3.34.110 Assessment Administrative
remedy.
3.34.120 Records.
3.34.130 Refunds.
3.34.140 Rules of construction.
3.34.150 Benefit to all persons.
3.34.160 Duration.
3.34.170 Disposition of proceeds.
3.34.190 Power in addition.
3.34.200 Ordinance controlling.
3.34.210 Liberal construction.
3.34.220 Defect or omission-Validity of
proceedings or taxes.
3.34.230 Limitation of actions.
3.34.005 Purpose.
The purpose of this chapter is to impose a utility
users excise tax as a revenue measure necessary to
pay the usual and current expenses of conducting
the municipal government of the City, the proceeds
of which shall be paid into the general fund of the
City. This chapter shall be known and may be cited
as the "Utility Users Excise Tax Ordinance." (Ord.
1534 (part), 1990)
3.34.010 Definitions.
Except where the context otherwise requires, the
definitions set forth in this section govern the con-
struction of this chapter.
"City" means the City of Cupertino.
"Facilities" means the municipal facilities gener-
ally including Blackberry Fanm, other open space
land within the City and the public recreational
facilities consistent with the preservation and public
use of open space. Facilities shall be deemed avail-
able and susceptible of use within the meaning of
the term "availability and privilege of use," as used
in this chapter, when such facilities exist and are
available for use during any portion of the fiscal
year next preceding the levy of the tax.
"Gas" includes natural gas and apy other gas used
for light, heat and power.
"Month" means a calendar month.
"Nonutility supplier" means a service supplier,
other than (a) a gas corporation or (b) an electrical
corporation serving within the City, which generates
electrical energy in capacities of at least one hun-
dred kilowatts monthly for sale to others.
"Persons" means any domestic or foreign corpo-
ration, firm, association, syndicate, joint stock com-
pany, partnership of any kind, joint venture, club,
Massachusetts business or common law trust, soci-
ety, or individual.
"Service supplier" means any entity required to
collect or self-impose and remit a tax as imposed by
this chapter.
"Service user" means a person required to pay a
tax imposed by this chapter.
"Tax" means the utility users excise tax proposed
to be imposed by this chapter, more particularly
described in Sections 3.34.030, 3.34.040 and
3.34.050 of this chapter.
"Tax administrator" means the City Treasurer.
"Telephone corporation," "electrical corporation,"
and "gas corporation," have the same meanings as
defined in Sections 234, 218, 222 and 215.5, respec-
tively, of the California Public Utilities Code (as
such sections existed on June 1, 1989), except that
"electrical corporation" shall also be construed to
include any municipality or person engaged in the
cc~~~~ i2-sb> 100b
3.34.210
3.34.210 Liberal construction.
This chapter shall be liberally construed to pro-
mote its objects. (Ord. 1534 (part), 1990)
3.34.220 Defect or omission-Validity of
proceedings or taxes.
If the jurisdiction of the Council to order the
proposed act is not affected, the defect or omission
of any officer in proceedings under this chapter does
not invalidate the proceedings or taxes levied under
this chapter. (Ord. 1534 (part), 1990)
3.34.230 Limitation of actions.
The validity of this chapter or of any tax levied
pursuant to this chapter shall not be contested in any
action or proceeding or defense unless such action
or proceeding or defense shall have been brought or
raised within ninety days from the date of the ap-
proval of this chapter and the levy of the tax by the
voters of the City on November 6, 1990. Unless an
action or proceeding is commenced or such defense
raised within such period, this chapter and any tax
levied pursuant to this chapter shall be held valid
and in every respect legal and incontestable. (Ord.
1534 (part), 1990)
1(~-7 (Cti,pertino 12-96)
3.36.010
Chapter 3.36
STORM DRAINAGE SERVICE CHARGE
Sections:
3.36.010 Purpose of the
charge-Limitation of use.
3.36.020 Definitions.
3.36.030 Determination and imposition
of charge.
3.36.040 Exemptions.
3.36.050 Annual review of charges.
3.36.060 Methods of measurement and
analysis.
3.36.070 Effective date of charges.
3.36.080 Charges collected with general
taxes.
3.36.090 Payment of balance of charge.
3.36.100 Collection of charges omitted
from tax roll-Billing.
3.36.110 Payment of charges-Owner
responsibility.
3.36.120 Payment of charges-Location.
3.36.130 Payment of charges-
Delinquency date.
3.36.140 Penalty for delinquency.
3.36.150 Disputed charges.
3.36.160 Adjustments in charges.
3.36.170 Special fund created-
Restricted use of revenues.
3.36.180 Refunds.
3.36.190 Inspection of premises
authorized.
3.36.200 Payment of delinquent
charges-City enforcement
powers.
3.36.010 Purpose of the charge-
Limitation of use.
A. The purpose of the chazge is to conserve and
protect the City's storm drainage system from the
burden placed on it by the increasing flow of non-
point source runoff and to otherwise meet the re-
quirements developed by the Santa Clara Valley
Non-Point Source Control and Storm Water Man-
agement Program established to comply with the
Clean Water Act, EPA regulations and the cities'
NPDES permits.
B. The specific purpose of the storm drainage
service chazges established pursuant to this chapter
is to derive revenue which shall only be used for the
acquisition, construction, reconstruction, mainte-
nance, and operation of the storm drainage system
of the City to repay principal and interest on any
bonds which may hereafter be issued for said pur-
poses, to repay loans or advances which may hereaf-
ter be made for said purposes -and for any other
purpose set forth in Section 3.36.160. However,
said revenue shall not be used for the acquisition or
construction of new local street storm sewers or
storm laterals as distinguished from main trunk,
interceptor and outfall storm sewers. (Ord. 1599 §
1 (P~))
3.36.020 Defmitions.
Except where the context otherwise requires, the
following definitions in this section shall govern the
construction of this chapter:
A. "Apartment premises" means premises im-
proved or used for a residence for three or more
families living independently of each other and
doing their own cooking and which is not separately
assessed by the county tax assessor for each such
family dwelling.
B. "City" means and includes all territory lying
within the municipal boundaries of the City of Cu-
pertino aspresently existing plus all territory which
may be added thereto during the effect term of the
ordinance codified herein.
C. "CommerciaUindustrialprermses" means pre-
mises improved or used for any purpose or purposes
other than as a residence for one or more families
living sepazately in separate dwelling units, or which
is improved or used as a residence for one or more
families living separately in sepazate dwelling units
and for one or more other purposes.
c~pati~ is-~> 100-8
3.36.140
3.36.140 Penalty for delinquency.
Except as otherwise provided elsewhere in this
chapter, whenever any storm drainage service chazge
becomes delinquent, there shall be imposed a penal-
ty equal to one hundred percent of the amount as set
forth under Section 3.36.030. (Ord. 1599 § 1 (part))
storm drainage system. However, any agreement or
any such special storm drainage service chazge may
at any time be revoked or changed by resolution of
the Council upon a fording that continuation of
same would be unfair or inequitable under the cir-
cumstances. (Ord. 1599 § 1 (part))
3.36.150 Disputed charges.
If any owner disputes the amount of the chazge
in any bill or invoice, the owner shall, within thirty
days from and after the date such bill or invoice is
mailed, and no later, file a claim with the Finance
Director accompanied by detailed supporting factual
data in support of the claim. It shall be the duty of
each such owner to prove to the Finance Director,
that such chazge is in error and the correct amount
thereof. ff the Finance Director determines that the
bill or invoice was in error, the Finance Director
shall correct said bill. Failure to dispute the amount
of the charge in accordance with this section shall
be deemed acceptance of the correctness of the
chazge. (Ord. 1599 § 1 (part))
3.36.160 Adjustments in charges.
It is the intent of the provisions of this chapter,
in establishing different storm drainage service
chazges for different classes of premises, to establish
higher chazges for those classes of premises which
derive greater benefit from, or impose greater bur-
dens upon, the storm drainage system, or other
benefits received by the storm drainage system,
giving full consideration to other fees or taxes which
may be paid by owners of the premises for the
operation, maintenance, expansion, extension or
development of the storm drainage system. If, with
respect to any of said premises, the City Council
should find that the charge applicable thereto is
unfair or inequitable, then in that event the Council
may by resolution, agreement or otherwise, establish
a special storm drainage service chazge for such
premises, different from those above provided, and
having a closer relationship to the benefit received,
or burden placed, by such premises from or upon
said storm drainage system, giving due consideration
to other fees or taxes paid by such premises for said
3.36.170 Special fund created-Restricted
use of revenues.
A. All revenues collected pursuant to the provi-
sions of this chapter shall be placed into a special
fund which is hereby created for such purpose and
which shall be known as the "storm drainage service
charge fund." Such revenues may be used for the
purpose specified in Section 3.36.010, and for no
other purpose; provided, however, that moneys
deposited in the fund may be used for direct and
administrative costs of the City in collecting the
storm drainage charges imposed by this part and for
direct and indirect overhead costs of the City in
performing any tasks, including, but not limited to,
calculation of the benefits received by properties
from the storm drainage system.
B. As used in this section, "direct costs" means
wages and salaries and costs of employee fringe
benefits incurred by the City, and mileage reim-
bursement attributable to said collection activities.
As used in this section, "administrative costs" in-
cludes, but is not limited to all costs for computer
service, materials, postage, supplies and equipment.
C. Notwithstanding subsections 3.36.170A and
3.36.170B, interest on revenues in the stonm drain-
age service chazge fund may be credited to the
general fund of the City or to any other fund in the
discretion of the City Council. (Ord. 1599 § 1
(P~))
3.36.180 Refunds.
Whenever any refunds should become owing by
virtue of any relief granted by the City Council
pursuant to the provisions of Section 3.36.150 or by
virtue of any error made in ascertaining the charge
applicable to any premises, the Finance Director is
authorized to make such refunds and to expend for
such purpose the moneys in the storm drainage
100-13 cc~~~;oo i2-s6>
3.36.180
service chazge fund. Notwithstanding the provisions
of Section 3.36.150, any claim for refund for chazg-
es collected under Section 3.36.080 must be made
within one yeaz after the date bills for taxes are
received by the owner. The City shall not be liable
for interest or any amount determined to be refund-
able. (Ord. 1599 § 1 (part))
3.36.190 Inspection of premises authorized.
The Director of Public Works, the Finance Direc-
tor and their authorized representatives aze hereby
given power and authority to enter upon and within
any premises to ascertain the nature of such premis-
es; to inspect, observe, and review the benefit re-
ceived from the storm drain system as may be al-
lowed by law. (Ord. 1599 § 1 (part))
3.36.200 Payment of delinquent
charges-City enforcement
powers.
A. Notwithstanding other remedies, in the event
of the failure of any owner to pay when due any
storm drainage service chazges applicable to premis-
es owned by such owner, the City may enforce
payment of such delinquent chazges by instituting
action in any court of competent jurisdiction to
collect any charges which may be due and payable
in the same manner as any other debts owing to the
City may be collected.
B. Any and all delinquent payments may be
placed on the tax roll, and collected with property
taxes, as provided in Section 3.36.080.
C. Such other action may be taken as may be
authorized by law and by the City Council.
D. Remedies under this section are in addition
to and do not supersede or limit any and all other
remedies, civil and criminal. (Ord. 1599 § 1 (part))
cc~p~~ ~z-sb> 100-14
Title 5
BUSINESS LICENSES AND REGULATIONS
Chapters:
5.04 Business Licenses Generally
5.16 Garage and Patio Sales
5.20 Solicitors
5.28 Taxicabs
5.32 Bingo
5.40 Secondhand Dealc;rs and Pawnbrokers
5.48 Mobile Vendor PESrmits
1.03 ccu~~aoa i2-~~
5.20.010
Chapter 5.20
SOLICITORS
commodities or services. (Ord. 1505 § 1 (part),
1989: Ord. 516 § 1, 1971)
Sections:
5.20.010 Definitions.
5.20.015 Exemption.
5.20.020 Solicitor's identification
permit-Required application.
5.20.030 Solicitor's identification
permit-Prerequisite for
business license.
5.20.040 Solicitor's identification
permit-Issuance.
5.20.050 Solicitor's identification
permit-Denial-Appeal.
5.20.060 Solicitor's identification
permit-Revocation-Grounds.
5.20.070 Solicitor's identification
permit-Revocation-Appeal.
5.20.080 Vehicle regulations.
5.20.090 Prohibited times.
5.20.100 Administrative authority.
5.20.110 Identification permits--
Nontransferable.
5.20.120 Commercial and
noncommercial identification
permits-Possession required-
Display.
5.20.130 Violation-Penalty.
5.20.140 Posted premises.
5.20.010 Definitions.
For the purposes of this chapter the following
words and phrases shall have the meanings respec-
tively ascribed to them by this section:
"Solicitor" means any person, including salesman
and vendor, who engages in the business of going
from house to house, place to place, or to any one
house or to any one place, or in or along the streets,
within the City, selling or taking orders for, or of-
fering to sell or take orders for goods or offering for
immediate delivery, wazes, merchandise, services,
or other things of value, to persons other than manu-
facturers, wholesalers, jobbers, or retailers in such
5.20.015 Exemption.
The provisions of this chapter shall not apply to
any person soliciting on behalf of any religious,
charitable, educational, or political organization or
to any person who is exempt from the provisions of
this chapter by virtue of the Constitution or statutes
of the United States of America or of the state.
(Ord. 1505 § 1 (part), 1989: Ord. 1472, 1988: Ord.
810 (part), 1977: Ord. 516 § 11, 1971)
5.20.020 Solicitor's identification permit-
Required application.
A. No person shall act as a solicitor, as defined
by this chapter, within the City, without an identifi-
cation permit, as hereinafter provided.
B. In addition to any information required by the
City for the issuance of a business license for the
conduct of the business or occupation of a solicitor
as defined by this chapter, and for which a business
license is required by the business licensing code,
the applicant for a business license shall first submit
an application for an identification permit to the
City Manager. The permit shall only be issued by
the City Manager after an investigation is made by
him, and in making the investigation the City Man-
ager shall be furnished by the applicant with the
following information and records:
1. Name, date of birth and description of appli-
cant;
2. Address, legal and local (if any);
3. A brief description of the nature of the busi-
ness, and the goods, wares, merchandise and servic-
es to be sold or furnished;
4. If employed, the name and address of the
employer, together with credentials establishing the
exact relationship;
5. The length of time applicant wishes to do
business within the City;
6. If a vehicle is to be used, a description of the
same, together with license number or other means
of identification;
~. 19 (Cupertino 12-96)
5.20.020
7. Two recent photographs of the applicant,
which show the head and shoulders of the applicant
in a clear and distinguishing manner;
8. Fingerprints of the applicant to be taken by
the Sheriff's Department of the County or a desig-
nated agency; and
9. A statement as to whether or not the applicant
has been convicted of a crime, felony or misde-
meanor, the nature of the offense and the punish-
ment or penalty assessed therefor. (Ord. 1505 § 1
(part), 1989: Ord. 516 § 2, 1971)
5.20.030 Solicitor's identification permit-
Prerequisite for business license.
The information required by Section 5.20.020
shall be furnished to the City Manager in conjunc-
tion with the application for a business license for
the occupation of a solicitor of goods or services.
The furnishing of such information and the investi-
gation by the City Manager shall be necessary con-
ditions precedent to the granting of such a permit or
business license. (Ord. 1505 § 1 (part), 1989: Ord.
516 § 3, 1971)
5.20.040 Solicitor's identification permit-
Issuance.
The City Manager, upon being advised of the
application of an applicant for a business license for
the occupation of a solicitor of goods or services in
the City, and upon being furnished with the infor-
mation and records required by the provisions of
this chapter shall investigate the applicant. If, as a
result of the investigation, the character and business
responsibility of the applicant are found to be satis-
factory, the City Manager shall grant an identifica-
tion permit in favor of the applicant for the carrying
on of the business or occupation of a solicitor of
goods or services in the City, which permit shall be
valid for a period of ninety days only, and subject
to the revocation provisions of this chapter. (Ord.
1505 § 1 (part), 1989: Ord. 516 § 4, 1971)
5.20.050 Solicitor's identification permit-
Denial-Appeal.
If, as a result of the investigation as provided by
this chapter, the applicant's character or business
responsibility is found to be unsatisfactory, the City
Manager shall make written findings and reasons for
disapproval and shall notify the applicant that his
application is disapproved and that no identification
permit or business license will be issued. Upon the
disapproval of the application, as a result of the
findings of the City Manager, any person aggrieved
by the action of the City Manager, and the denial of
the application for an identification permit and a
business license, shall have the right to appeal to the
City Council. Such appeal shall be taken by filing
with the City Council, within ten days after notice
of the action complained of has been mailed to the
applicant's last known address, or to the applicant's
address as appearing on his application, a written
statement setting forth fully the grounds of appeal.
The City Council shall set a time and place for a
hearing of such appeal and notice shall be given to
the appellant by mail, postage prepaid, to his ad-
dress, as aforesaid, at least five days prior to the
date set for a hearing. The disposition and order of
the City Council shall be final and conclusive. (Ord.
1505 § 1 (part), 1989: Ord. 516 § 5, 1971)
5.20.060 Solicitor's identification permit-
Revocation-Grounds.
Identification permits issued under the provisions
of this chapter may be revoked by the City Manager
for any of the following reasons:
A. Fraud -misrepresentation or false statements
contained in the application for the permit;
B. Fraud - misrepresentation or false statement
made in the course of carrying on the business of
peddling or soliciting;
C. Conviction of any crime or misdemeanor
involving moral turpitude;
D. Conducting the business of peddling or solic-
iting of goods or services in an unlawful manner, or
in such a manner as to constitute a breach of the
peace and to constitute a menace to the health,
safety or morals or general welfare of the public;
and
E. Any violation of this chapter or of the busi-
ness license provisions of any other ordinances of
tc~~~o ~z-~> 120
5.20.060
the City. (Ord. 1505 § 1 (part), 1989: Ord. 516 § 9,
1971)
5.20.070 Solicitor's identification permit-
Revocation-Appeal.
Upon revocation of any identification permit
issued under the provisions of this chapter, the City
Manager shall make written findings and reasons for
revocation and transmit them to the permittee,
whose identification permit has been revoked, and
a copy thereof to the City Clerk. Revocation of an
identification permit automatically revokes the busi-
ness license to which the permit applies. The per-
mittee whose identification permit has been revoked
shall have the right of appeal to the City Council in
the same manner and conformity with the same
procedure as set forth in Section 5.20.050. (Ord.
1505 § 1 (part), 1989: Ord. 516 § 10, 1971)
5.20.080 Vehicle regulations.
A. It is unlawful for any solicitor, delivering or
offering for sale, any goods, wazes, merchandise or
other products from any vehicle or conveyance
within or upon any public street to:
1. Permit any vehicle, or other conveyance from
which the solicitor is soliciting to remain standing
or stopped, for soliciting purposes, at any place on
any public street in the City for a period of time
exceeding five minutes, except that the provisions
of this subsection Al shall not apply to the sale of
foodstuffs to employees of industrial establishments
at or adjacent to such establishments, or to workmen
or employees at any construction job site, if the
foodstuffs so sold to such persons at such places aze
so sold to such employees or workmen for immedi-
ate consumption at such places;
2. Make any stop, for the purpose of making
any sale upon any public street or other public place
within five hundred feet measured along the traveled
way of any public street or streets, of any school
property; or
3. Make any stop, for the purpose of selling any
product, within five hundred feet, measured along
the traveled way of any public street or streets, of
any commercial establishment which sells such
products at retail, except that the provisions of this
subsection A3 shall not apply to the sale of food-
stuffs to employees of industrial establishments at
or adjacent to such establishments, or to the work-
men or employees at any construction job site, if the
foodstuffs so sold to such employees at any con-
struction job site, if the foodstuffs so sold to such
employees or workmen are for immediate consump-
tion at such places.
B. It is unlawful for any solicitor to sell any
goods, wares, merchandise or other products from
any vehicle or conveyance within or upon any pub-
lic street except from or at the side of such vehicle
or other conveyance which is neazest to the curb of
such street. (Ord. 1505 § 1 (part), 1989: Ord. 516
§ 12, 1971)
5.20.090 Prohibited times.
No person shall act as a solicitor as defined by
this chapter, within residential azeas of the City,
between the hours of six p.m. and nine a.m. of the
following day. (Ord. 1505 § 1 (part), 1989: Ord.
1437, 1988: Ord. 810 (part), 1977)
5.20.100 Administrative authority.
There is conferred upon the City Manager those
powers and duties necessary for the administration
of this chapter. In addition, there is also conferred
upon the City Manager the authority and power to
designate such City officers and employees as may
be required to carry out the intent and purpose of
this chapter. (Ord. 1505 § 1 (part), 1989: Ord. 516
§ 13, 1971)
5.20.110 Identification permits-
Nontransferable.
No identification permit issued under the provi-
sions of this chapter shall be transferable and the
same, as issued, shall be personal to the person to
whom issued. (Ord. 1505 § 1 (part), 1989: Ord. 516
§ 6, 1971)
:121 (Cupertino 12-~~
5.20.120
5.20.120 Commercial and noncommercial
identification permits-Possession
required-Display.
Any identification permit issued under the provi-
sions of this chapter shall be kept in the possession
and on the person of the solicitor to whom it is
issued, and upon demand of the City Manager, a
member of the Sheriff's Department or a citizen to
whom they are soliciting, must be produced for
examination. (Ord. 1505 § 1 (part), 1989: Ord. 516
§ 8, 1971)
5.20.130 Violation-Penalty.
Any person violating any of the provisions of this
chapter or knowingly or intentionally misrepresent-
ing to any officer or employee of the City any mate-
rial fact in procuring the permit herein provided for
shall be deemed guilty of an infraction, and upon
conviction thereof shall be punishable as provided
in Chapter 1.12. (Ord. 1505 § 1 (part), 1989: Ord.
810 (part), 1977: Ord. 516 § 14, 1971)
5.20.140 Posted premises.
No person shall solicit or attempt to solicit at any
residential premises where the occupant has posted
a sign clearly and obviously visible from an access
way used by the solicitor which states, in letters at
least three-fourths inch in height on a contrasting
background, "No Soliciting Allowed" or words to
that effect. (Ord. 1505 § 1 (part), 1989: Ord. 810
(Part), 1977)
(Cupertino 12-96) 122
5.28.010
Chapter 5.28
TAXICABS
Sections:
5.28.010 Definitions.
5.28.015 Administrative authority.
5.28.020 Taximeter required.
5.28.030 Fare schedule.
5.28.040 Taximeter operation.
5.28.045 Numbering of vehicles.
5.28.050 Posting schedule.
5.28.060 Permit-Required.
5.28.070 Permit-Application.
5.28.080 Permit-Denial.
5.28.090 Permit-Term.
5.28.100 Permit-Revocation or
suspension.
5.28.110 Permit-Additional.
5.28.120 Liability policy-Provisions.
5.28.130 Liability policy-Requirements.
5.28.140 Liability policy-Cancellation
notice.
5.28.150 Liability policy-Bond.
5.28.160 Driver's permit-Required.
5.28.165 Driver's permit-Application-
Issuance.
5.28.170 Driver's permit-Denial.
5.28.175 Driver's permit Termination
of employment.
5.28.180 Suspension or revocation of
driver's permit.
5.28.185 Appeal.
5.28.190 Direct route.
5.28.200 Refusal of service.
5.28.210 Overcharge-Restitution.
5.28.220 Violation-Penalty.
5.28.010 Definitions.
For the purposes of this chapter, the following
words and phrases shall have the meanings respec-
tively ascribed to them by this section:
A. "Taxicab" means a motor vehicle regularly
engaged in the business of carrying passengers for
hire, equipped with a taximeter, having a seating
capacity of five or less persons, excluding the driv-
er, and not operated on a fixed route.
B. "Taximeter" means a meter instrument or
device attached to a taxicab which measures me-
chanically the distance driven and the waiting time
upon which the fare is based and registers the
amount of the faze in such a manner as to permit the
passenger to see said amount.
C. "Waiting time" means the time when a taxi-
cab is not in motion from the time of acceptance of
a passenger to the time of discharge, not including
any time that the taxicab is not in motion due to any
cause other than the request, act or fault of a pas-
senger.
D. "Owner" is any person, firm, association or
corporation engaged in the City of Cupertino in the
business of operating a taxicab. (Ord. 883 (part),
1978)
5.28.015 Administrative authority.
There is hereby conferred upon the City Manager
those powers and duties necessary for the adminis-
tration of this chapter. In addition, there is also
conferred upon the City Manager the authority and
power to designate such officers and employees of
the City, and of other cooperating public agencies,
such as the Sheriff s office, to assist him in carrying
out the intent and purpose of this chapter. (Ord. 883
(Part), 1978)
5.28.020 Taximeter required.
All taxicabs shall be operated on a mileage and
waiting time basis, and shall be equipped with a
taximeter. (Ord. 883 (part), 1978)
5.28.030 Fare schedule.
All owners or operators of taxicabs shall adopt
unifonm and reasonable schedules of chazges for use
of taxicabs; based upon the distance traveled or
waiting time, or both, as may be indicated by such
taximeter, which schedule of fazes shall be filed
from time to time with the City Manager, or his
designated representative, and shall be reviewed and
approved by the City Council before being put into
effect. No owner or operator shall chazge or receive
123 ca,~~oo ~z-~>
5.28.030
any other or different fare for the use of such taxi-
cabs than that specified in such faze schedule and so
recorded by such taximeter. Such faze shall not be
amended except with the consent of the City Coun-
cil. (Ord. 883 (pazt), 1978)
5.28.040 Taximeter operation.
No taxicab shall be operated in the City unless
such taxicab is equipped with a taximeter as herein
provided, and the owner and operator shall keep
such meter operating at all times within such stan-
dazd of accuracy as may be prescribed by the City
Manager, or his designated representative. No pas-
senger shall be carried in any such taxicab unless
such taximeter shall be in operation. (Ord. 883
(Part), 1978)
5.28.045 Numbering of vehicles.
All owners and operators shall designate a sepa-
rate number for each taxicab to be operated under
the permit. The number shall be placed conspicuous-
ly and uniformly on each taxicab so as to be cleazly
visible at all times. (Ord. 1705 (part), 1995)
5.28.050 Posting schedule.
All owners and operators shall keep posted in a
conspicuous place, and in a permanent and secure
manner in the passenger compartment of each taxi-
cab, the schedule of fare chazgeable for the use of
the taxicab, and no owner or operator shall change
the schedule of fazes so posted unless a new sched-
ule of fazes has been filed and approved in accor-
dance with the provisions of this chapter. (Ord. 883
(Part), 1978)
5.28.060 Permit-Required.
It is unlawful to operate any taxicab in the City
unless the owner thereof applies for, and obtains a
permit to do so, which permit shall be applied for,
granted, and in effect, all in compliance with the
provisions of Section 5.28.070. (Ord. 883 (part),
1978)
5.28.070 Permit-Application.
The application for such owner's permit shall be
verified under oath and shall set forth:
A. A full identification of the applicant and all
persons to be directly or indirectly interested in the
license, if granted;
B. The residence and business address and the
citizenship of the applicant, including all members
of any firm, or partnership, or all officers and direc-
tors of any corporation applying;
C. The location of the proposed business for
which the permit is requested, and the name of the
owner and the present use of such premises;
D. The exact nature of the proposed business for
which the permit is requested, and the name under
which it is to be operated;
E. The past experience of the applicant in the
matter to which the requested permit appertains; and
the name, address, and past experience of the person
to be in change of the premises or business;
F. Whether or not any permit, license or fran-
chise has been revoked and, if so, the circumstances
of such revocation;
G. The number of vehicles proposed to be oper-
ated including a complete description of each vehi-
cle including the yeaz, model, serial number and
license number;
H. A complete description of the proposed oper-
ations including a schedule of rates to be chazged;
I. The color scheme and chazacteristic insignia
to be used to designate the vehicles of the owner;
J. A statement from a responsible solvent corpo-
ration authorized to issue public liability and proper-
ty damage insurance in the State, and that in the
event the application is granted, that it will issue a
policy of insurance to the applicant in the manner
and form required by this chapter;
K. An agreement that in the event the application
is granted, that applicant will keep in operation not
less than one-third of the number of taxicabs for
which a license has been granted each day, from
midnight to six a.m.; not less than one-half of the
number of taxicabs for which a license has been
granted each day from six a.m. to eight p.m.; and
not less than one-third of the number of taxicabs for
cc~~~~ ~z-~> 124
5.28.220
shall be deemed an infraction punishable as afore-
said. (Ord. 883 (part), 1978)
29
(Ctipemno 12-96)
5.32.010
Chapter 5.32 5.32.270 License required.
5.32.280 License fee.
BINGO 5.32.290 License renewal.
5.32.300 Filing of annual report.
Sections: 5.32.310 Permits and licenses
5.32.010 Authority. nontransferable.
5.32.020 Defined. 5.32.320 Revocation, suspension of
5.32.030 Organizations permitted to permit and license authorized.
conduct bingo games. 5.32.330 Notice, hearing on revocation,
5.32.040 Minors. suspension.
5.32.050 Open to the public. 5.32.350 Provisions supplementary to
5.32.060 Staffing and operation. State law.
5.32.080 Where bingo may be
conducted. 5.32.010 Authority.
5.32.090 Bingo equipment. Pursuant to the authority provided in Section
5.32.100 Financial interest. 19(c) of Article IV of the California State Constitu-
5.32.110 Profits to be used for tion and Section 326.5 of the Penal Code, the City
charitable purposes only. establishes the following requirements for the con-
5.32.120 Records. duct of bingo games by nonprofit charitable organi-
5.32.130 Total value of prizes. zations in the incorporated area of the City. (Ord.
5.32.140 Physical presence at bingo 777 (part), 1977)
game required.
5.32.150 Hours of operation. 5.32.020 Defined.
5.32.160 Violations, penalties. As used in this chapter, "bingo" means a game
5.32.170 Administrative authority. of chance in which prizes are awarded on the basis
5.32.180 Authority to inspect premises of designated numbers or symbols on a card that
and records. conform to numbers or symbols selected at random.
5.32.190 Permit required. The game of bingo shall include cards having num-
5.32.200 Application for permit bers or symbols that are concealed and preprinted
required. in a manner providing for the distribution of prizes.
5.32.210 Authority of the investigation The winning cards shall not be known prior to the
and recommendation by game by any person participating in the playing or
Sheriff. operation of the bingo game. All preprinted cards
5.32.220 Investigation and shall bear the legend, "For sale or use in a Bingo
recommendation by other City game authorized under California law and pursuant
departments or other agencies. to local ordinance." (Ord. 1705 (part), 1995: Ord.
5.32.230 Notice and hearing by City 777 (part), 1977)
Council, opportunity for
applicant to review records. 5.32.030 Organizations permitted to
5.32.240 Final action by the City conduct bingo games.
Council. Only those organizations exempted from the
5.32.250 Denial of permit. payment of bank and corporation tax by Sections
5.32.260 Further investigation by 23701a, 23701b, 23701d, 23701e, 23701f, 23701g
Sheriff. and 23701 h of the California Revenue and Taxation
Code shall be permitted to conduct bingo games;
cc~~w~o ~2-~> 130
5.32.030
provided, however, that the receipts of those games
aze used only for charitable purposes. (Ord. 1705
(part), 1995: Ord. 777 (part), 1977)
games shall be owned by the organization autho-
rized by permit and license to conduct such bingo
games. (Ord. 777 (part), 1977)
5.32.040 Minors.
No minors shall be allowed to participate in any
bingo games. (Ord. 777 (part), 1977)
5.32.050 Open to the public.
All bingo games shall be open to the public, not
just to the members of the authorized organization.
(Ord. 1705 (part), 1995: Ord. 777 (part), 1977)
5.32.060 StailFmg and operation.
A bingo game shall be operated and staffed only
by members of the authorized organization which
organized it. Those members shall not receive a
profit, wage or salary from any bingo game. Only
an organization authorized to conduct a bingo game
by permit and license issued pursuant to this chapter
shall operate a game, or engage in the promotion,
supervision or any other phase of such game. This
section does not preclude the employment of securi-
ty personnel who are not members of the authorized
organization at such a bingo game by the authorized
organization conducting the game. (Ord. 1705 (part),
1995: Ord. 777 (part), 1977)
5.32.080 Where bingo may be conducted.
A sponsoring organization shall conduct a bingo
game only on property owned or leased by it, or
property whose use is donated to the organization,
and which property is used by that organization for
an office or for performance of the purpose for
which the organization is organized. Nothing in this
section shall be construed to require that the proper-
ty owned or leased by or whose use is donated to
the organization be used or leased exclusively by or
donated exclusively to that organization. (Ord. 1705
(part), 1995: Ord. 1255, 1984: Ord. 777 (part),
1977)
5.32.090 Bingo equipment.
All equipment used in the operation of bingo
5.32.100 Financial interest.
No individual corporation, partnership or other
legal entity except the organization authorized by
permit and license to conduct a bingo game shall
hold a financial interest in the conduct of such bin-
go game. (Ord. 777 (part), 1977)
5.32.110 Profits to be used for charitable
purposes only.
A. With respect to organizations exempted from
payment of the bank and corporation tax by Section
23701d of the California Revenue and Taxation
Code, all profits derived from a bingo game shall be
kept in a special fund or account and shall not be
commingled with any other fund or account. Those
profits shall only be used for charitable purposes.
B. With respect to other organizations authorized
to conduct bingo games pursuant to this chapter, all
proceeds derived from a bingo game shall be kept
in a special account or fund and shall not be com-
mingled with any other account or fund. Proceeds
are the receipts of bingo games conducted by an
authorized organization not within subsection (A) of
this section. Those proceeds shall be used only for
charitable purposes except as follows:
1. The proceeds may be used as prizes.
2. A portion of the proceeds, not to exceed
twenty percent of the proceeds before deduction for
prizes, or two thousand dollazs per month, whichev-
er is less, may be used for the rental of property and
for overhead, including the purchase of bingo equip-
ment, administrative expenses, security equipment
and security personnel.
3. The proceeds may be used to pay license
fees. (Ord. 1705 (part), 1995: Ord. 777 (part), 1977)
5.32.120 Records.
Each organization conducting a bingo game shall
maintain detailed records of all profits, expenditures,
prizes and other expenses associated with the opera-
tion of bingo games. Said records shall be retained
1_t0-1 ccu~~vno ~a-~>
5.32.270
5.32.2'70 License required.
A. In addition to obtaining a permit as required
by this chapter, each organization conducting a
bingo game shall obtain a license from the license
collector; no license shall be issued until the appli-
cant therefor has a valid permit covering the organi-
zation and the premises.
B. Each organization proposing to conduct ten
bingo games or less a yeaz shall obtain a special
license from the license collector for each bingo
game. Said special license shall be valid only for the
bingo game specified thereon.
C. Each organization proposing to conduct more
than ten bingo games a yeaz shall obtain a general
license from the license collector. (Ord. 777 (part),
1977)
5.32.280 License fee.
A. The fee for a special license shall be five
dollazs payable at the time of issuance thereof.
B. The fee for a general license shall be five
dollazs, payable at the time of issuance and each
renewal thereof.
C. If an application for a license is denied one-
half of any license fee paid shall be refunded. (Ord.
1705 (part), 1995; Ord. 777 (part), 1977)
5.32.290 License renewal.
A. General licenses aze granted for one-year
terms; each term is renewable annually. Written
application for renewal of a general license shall be
made to the City Council at least one month prior
to the scheduled public hearing. There will be one
annual public hearing for each license renewal appli-
cation. Such public hearing will be set for the sec-
ond City Council meeting of the month of January.
B. A special license is granted only for a
one-day term for each bingo game; said special
license shall not be renewable. (Ord. 1386 § 1,
1986; Ord. 777 (part), 1977)
5.32.300 Filing of annual report.
A. During the term of the permit and license,
each authorized organization which has been issued
a permit and license shall file a report made under
penalty of perjury with the City Clerk containing the
following information:
1. Any changes in or additions to the informa-
tion required under Section 5.32.190;
2. The total amount of money received from the
operation of the bingo games in the previous fiscal
yeaz;
3. The total amount paid out in prizes;
4. Detailed costs to the organization for the
operation of the bingo games.
B. Each authorized organization which has been
issued a general license shall file said report at the
end of each fiscal yeaz. Each authorized organiza-
tion which has been issued a special license shall
file said report within thirty days after each autho-
rized bingo game. (Ord. 1705 (part), 1995; Ord. 777
(Part), 1977)
5.32.310 Permits and licenses
nontransferable.
Permits and licenses granted under this chapter
shall not be transferable, either as to the license or
the location. Any attempt to transfer shall render the
permit and license in question invalid. (Ord. 777
(part), 1977)
5.32.320 Revocation, suspension of permit
and license authorized.
Any permit and license issued under this chapter
may be suspended or revoked by the City Council
on its own motion or on application of the Sheriff,
District Attorney or City Attorney for violation of
any of the provisions of this chapter, or any provi-
sions of this code or of federal or state law. (Ord.
777 (Part), 1977)
5.32.330 Notice, hearing on revocation,
suspension.
The holder of a bingo license shall be given
prompt notice of revocation or suspension of said
permit and license and shall immediately desist from
conducting or operating any bingo game. Said notice
shall fix a time and place, not less than five nor
more than thirty days after service thereof, at which
time the holder of said license may appeaz before
] 33 (Cupertino t2-95)
5.32.330
the City Council and be granted a hearing upon the
merits of said suspension or revocation. (Ord. 777
(Part), 1977)
5.32.350 Provisions supplementary to State
law.
The provisions of this chapter are not intended to
conflict with, but shall supplement all laws of the
State of California relating to lotteries, gaming or
gambling. (Ord. 777 (part), 1977)
(Cupertino 12-96) 134
5.48.010
Chapter 5.48
MOBILE VENDOR PERMITS
California Vehicle Code Section 670, as amended,
shall not be permitted to be used as mobile vending
facilities. (Ord. 1733 (part), 1996)
Sections:
5.48.010 Purpose.
5.48.020 Mobile vending facility-
Permit required.
5.48.030 Mobile vending facility-
Permit procedure.
5.48.040 Mobile vending facility-
Permit fees.
5.48.050 Mobile vendors-Prohibited
locations.
5.48.060 Mobile vendors-Exceptions.
5.48.070 Mobile vendors-Parking
limited to location in permit.
5.48.080 Mobile vendors-General
regulations.
5.48.090 Mobile vending facility-
Permit revocation or
suspension.
5.48.100 Penalty.
5.48.010 Purpose.
The purpose of this chapter is to set forth specific
regulations to govern the vending of various goods
from locations which are not permanent. It is recog-
nized that such transient operations may have nega-
tive land use and traffic impacts which the city
desires to minimize through a permit process. (Ord.
1733 (part), 1996)
5.48.020 Mobile vending facility-Permit
required.
No person shall place, maintain, conduct, park or
allow to stand or remain any mobile vending facili-
ty, that is, any portable container, pushcart, lunch,
meal or eating stand, or wagon used for displaying,
selling or offering for sale cut flowers, foodstuffs or
other merchandise, within the city limits of the City,
without first obtaining a mobile vendor permit from
the Director of Community Development, pursuant
to Section 5.48.030. For purposes of this section,
automobiles, trucks or other vehicles defined in
5.48.030 Mobile vending facility-Permit
procedure.
A. The Director of Community Development
may grant a permit authorizing establishment of a
mobile vending permit.
B. Thirty days prior to granting a permit, the
Director shall cause the requested mobile vending
facility location to be posted, giving notice of the
application and the date that the permit will be
granted. In addition, written notice thereof shall be
delivered to the occupants and property owners of
properties within three hundred feet of the vending
facility site. Persons wishing to appeal the permit
must send a written appeal to the Director of Com-
munity Development within the thirty-day applica-
tion period. Upon receipt of a written appeal within
the thirty-day application period, the director shall
cause the appeal to be promptly heard by the Plan-
ning Commission, whose decision in the matter shall
be final. Sixty days after the application has been
submitted, if no written appeal has been filed, all
other conditions having been met, the Director shall
issue the permit.
C. Each permit issued hereunder shall authorize
placement of a mobile vending facility only upon
the public sidewalk or paved private property at a
location described in such permit. Each permit shall
specify the dates for which placement of a mobile
vending facility shall be authorized, not exceeding
one calendar year, and the names of those compa-
nies or persons authorized to exercise it.
D. Each application for a mobile vending permit
shall be on forms provided by the Director of Com-
munity Development, shall be accompanied by an
application fee established by the City Council, shall
be signed by the property owner if requesting a
private property location, and shall include the fol-
lowing:
1. The names and addresses of each person who
will occupy the mobile vending location for purpos-
es of exercising the permit;
142-1 (Cupertino 12-96)
5.48.030
2. A certificate of insurance with policy limits
set by the City, naming the City as an additional in-
sured when the vending facility will be located on
public property, and stating the insurer's name,
policy terms and principal amounts (combined sin-
gle limit) of a policy of insurance against general
liability, bodily injury, and property damage arising
from the permitted activity. The City shall provide
all insurance forms. Each such policy shall be
amendable only upon thirty days' advance written
notice to the city;
3. Plans for the proposed vending facility show-
ing both the proposed site of the facility and the
construction of the facility; and
4. Such additional information as may be re-
quired by the Director.
E. The Director of Community Development
shall grant mobile vending permits based upon the
information contained in the application, public
records, and/or the recommendations of depaztmen-
tal staff, when they indicate compliance with all of
the provisions of this chapter, and it appeazs that no
undue traffic safety, litter or pazking consequences
would result from exercise thereof. Should the Di-
rector of Community Development deny the permit,
the applicant may submit a written appeal pursuant
to Section 1.16.020 of this code.
F. The permit shall become effective upon issu-
ance of a Cupertino business license, in addition to
any applicable sanitation, health or safety permits.
Permits shall require compliance with all applicable
municipal code provisions and applicable health and
sanitation requirements.
G. The Director may attach such additional
conditions to the permit as may be needed to fulfill
the intent of this section. (Ord. 1733 (part), 1996)
5.48.040 Mobile vending facility-Permit
fees.
A. Each applicant for a vending permit shall pay
to the City a nonrefundable application fee which
shall be set by action of the City Council.
B. Each vendor granted a vending permit shall
pay to the City an annual permit fee which shall be
set by action of the City Council. (Ord. 1733 (part),
1996)
5.48.050 Mobile vendors-Prohibited
locations.
Notwithstanding the terms of any mobile vending
permit, no person shall place, maintain, conduct,
park or allow to stand or remain any portable con-
tainer, vehicle, pushcart, eating stand, wagon or caz
used in selling, vending, peddling, bartering or
exchanging any goods, flowers or foodstuff in any
of the following places within the city:
A. In any R1 (Single-Family Residential) or Rl-
C (Single-Family Residential Cluster) zoning dis-
tricts;
B. In or upon any street (curb to curb) or center
median strip, excluding sidewalks;
C. Upon any sidewalk or private property within
ten feet of any bicycle lane designated by this code;
D. Upon any sidewalk within ten feet of any "no
pazking" zone designated pursuant to the provisions
of Title 11, during the times when such pazking
prohibition is in effect or upon any private property
within twenty-five feet of any designated fire lane
unless specifically allowed by the Director of Com-
munity Development in connection with a mobile
vendor penmit;
E. Within any one hundred foot corner triangle;
F. On any private property which contains fewer
pazking spaces than the minimum number required
by this code, regazdless of whether the property has
a variance or legal nonconforming status;
G. Within fifteen feet of any fire hydrant or
public safety alarm box, or driveway;
H. Within one hundred feet of any public transit
bus stop sign;
I. At any location on private property separated
from the public right-of--way by landscaping or
vegetation, unless reasonable precautions aze taken
or improvements installed sufficient to protect such
landscaping from destruction by vending facility
customers;
J. Within three hundred feet of another mobile
vendor, except where sepazated by a public street
with four or more moving lanes;
(Cupertino 12-96) 142-2
5.48.050
K. Within five hundred feet of the neazest prop-
erty line measured along any public street or side-
walk, upon which is located a public school building
or pazk;
L. Mobile vendor facilities legally in operation
at the time of enactment of this chapter and not in
violation of any other provision of the municipal
code aze exempt from the provisions of this section
for two years. (Ord. 1733 (part), 1996)
5.48.060 Mobile vendors-Exceptions.
A. This chapter shall not apply to any person
engaged in delivering merchandise from or to any
store, fixed place of business or residence upon
order of or by agreement with a customer of a store
or other fixed place of business;
B. This chapter shall not apply to vehicles or
trucks used for catering or vending prepazed food-
stuffs and located upon private property at the invi-
tation of the property owner, solely for the use of
the owner or owner's tenants or employees;
C. This chapter shall not apply to special events
or festivals where prohibited locations are devoted
exclusively to that use and where the events are
regulated by the Outdoor Sales and Promotional
Events Policy. (Ord. 1733 (part), 1996)
5.48.070 Mobile vendors-Parking limited
to location in permit.
Whenever any permit is granted under the provi-
sions of this chapter and a particular location to park
or stand any vehicle or wagon is specified therein,
no person shall park or stand any vehicle or wagon
on any location other than as designed in such per-
mit. (Ord. 1733 (part), 1996)
5.48.080 Mobile vendors-General
regulations.
The following regulations are applicable to ven-
dors with vending permits:
A. Size of Vending Facility. Vending stands
shall not exceed eight feet in length and five feet in
width or height. Umbrellas or canopies open on four
sides aze permitted, but shall not exceed eight feet
in height measured from grade.
B. Signage. No mobile vending facility shall
display any sign, flag, banner, whether attached or
on a separate structure, except such signs as may be
painted on the sides thereof, provided that no signs
exceed five feet in height or width.
C. Hours of Operation. It is unlawful for vendors
to engage in the business of vending between the
hours of 8:00 p.m. and 7:00 a.m. Vendors may
request from the city a temporary exception to the
usual hours of operation for special events. All
vending stands must be removed from public prop-
erty during nonoperating hours.
D. Trash. All vendors must provide at least one
trash receptacle. All litter at the permit location
must be removed by the vendor.
E. Noise. No vendor may use any device which
produces loud sounds to attract public attention
including loudspeakers, horns, bells, musical instru-
ments, voice amplification or shouting.
F. Glass Containers. Vendors aze not permitted
to sell or dispense items of food or drink in glass
containers which would be carried away by the
customer after purchase.
G. Obstruction of Pedestrian Traffic. Afour-foot
width of sidewalk must be kept cleaz at all times.
No vendor shall in any way impede or obstruct
pedestrian traffic. (Ord. 1733 (part), 1996)
5.48.090 Mobile vending facility-Permit
revocation or suspension.
If the Director of Community Development finds
that any mobile vending facility has been erected,
altered, relocated or maintained in violation of any
provision of this chapter or any other relevant ordi-
nance of the city, the permit may be revoked or
suspended by the Director, after notice and hearing.
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 permit may
appeaz before the Director of Community Develop-
ment and be granted a hearing upon the merits of
such suspension or revocation. If after such hearing
is ordered revoked, the holder shall have the right
to appeal pursuant to Section 1.16.020 of this code.
142-3 (Cupertino 12-~)
5.48.090
Upon receiving notice of final action by the City
in revoking or suspending the permit, the permit
holder shall immediately cease operations and re-
move his or her mobile vending facility from the
previously approved location.
Notwithstanding the above, if the Director finds
that any mobile vending facility, whether conform-
ing with this chapter or not, is an immediate peril
or menace to the public, or to any person, the Direc-
tor may order the owner to immediately cease oper-
ations and remove the facility. (Ord. 1733 (part),
1996)
5.48.100 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. 1733 (part), 1996)
(Cupertino 12-96) 142-4
6.24.010
Chapter 6.24
GARBAGE-LOS ALTOS GARBAGE
COMPANY
Sections:
6.24.010 Purpose of chapter.
6.24.020 Definitions.
6.24.030 Mandatory garbage collection
service; owner responsibility.
6.24.040 Commencement of garbage
collection service.
6.24.050 Frequency of disposal.
6.24.060 Method of garbage disposal.
6.24.070 Garbage containers.
6.24.080 Inappropriate containers.
6.24.090 Burning solid waste
restrictions.
6.24.100 Disposal of explosive or
hazardous material restrictions.
6.24.110 Disposal on public property
prohibited.
6.24.120 Franchise granting authority.
6.24.130 Ratification of existing
franchise agreement.
6.24.140 Continuation of contract.
6.24.150 Charges for garbage collection
service.
6.24.160 Failure to pay for garbage
collection service.
6.24.170 Not'if'ication of delinquency.
6.24.180 Assignment of delinquent
account.
6.24.190 Lien initiation.
6.24.200 Notice of hearings on liens.
6.24.210 Administrative hearing on
liens.
6.24.220 Public hearing on liens.
6.24.230 Recording of lien.
6.24.240 Collection of delinquent
charges as a special assessment.
6.24.250 Report of delinquent charges
for special assessment.
6.24.260 Levy of special assessments.
6.24.270 Collection of special
assessment.
6.24.280 Continuing appropriation
account.
6.24.290 Recycle centers.
6.24.300 Unauthorized garbage
collection.
6.24.305 Containers stored in trash
enclosures.
6.24.310 Interfering with garbage
collection service.
6.24.320 Unauthorized use of garbage
collection service.
6.24.325 Rules and regulations adopted.
6.24.330 Violation-Misdemeanor.
6.24.010 Purpose of chapter.
This chapter is determined and declared to be a
health, sanitary and safety measure necessary for the
promotion, protection and preservation of the health,
safety and general welfaze of the people of the City
of Cupertino. (Ord. 1572 § 1 (part), 1991)
6.24.020 Definitions.
For the purposes of this chapter, the following
words and phrases shall have the meanings ascribed
to them by this section, unless the context or the
provision cleazly requires otherwise:
1. "City" means and includes all the territory
lying within the municipal boundaries of the City of
Cupertino as presently existing, plus all territory
which may be added thereto during the effective
term of the ordinance codified herein.
2. "Collection station" means the location at
which containers of garbage, waste or refuse are
placed for collection by the authorized garbage
collector.
3. "Delinquent" means a failure of the recipient
of gazbage collection service, or of the property
owner, to pay when due all chazges owed to the
gazbage collector for gazbage collection service
rendered or to be rendered.
.~ 51 (Cupertino 12-96)
6.24.020
4. "Duector" means the Director of Public
Works and his/her duly authorized agents and repre-
sentatives.
5. "Dwelling" means a residence, flat, duplex,
apartment, townhouse, condominium or other facili-
ty used for housing one or more persons.
6. "Finance Director" means the Finance Direc-
tor and his/her duly authorized agents and represen-
tatives.
7. "Garbage" means all materials, substances or
objects that are discazded, including but not restrict-
ed to, materials, substances or objects commonly
referred to as "trash," "gazbage," "refuse" and "rub-
bish" that aze produced, generated or accumulated
by all residential, commercial, industrial, institution-
al, municipal, agricultural and other inhabitants,
premises and activities within the City, the collec-
tion of which is regulated through the franchise
agreement existing between the City and the autho-
rized garbage collector; provided, however, that
"gazbage" does not include (a) hazardous waste, (b)
biomedical waste, (c) ash, (d) sewage and other
highly diluted water-carried materials or substances
and those in gaseous form, and (e) recyclables.
8. "Gazbage collector" means any person who
is authorized by the franchise agreement existing be-
tween he/she and the City, in accordance with Sec-
tion 6.24.120 of this chapter, to collect, receive,
carry, transport, and dispose of any garbage pro-
duced, kept or accumulated within the City.
9. "Gazbage collection service" means the col-
lection, transportation and disposal of gazbage by an
authorized gazbage collector.
10. "Hazardous wastes" means any and all toxic,
radioactive, biologically infectious, explosive or
flammable waste materials, including any material
defined in Section 9.12.020 of the Cupertino City
Code for which a hazazdous materials storage permit
is required.
11. "Multiple-unit dwelling" means any premises,
excluding a hotel, motel, or lodginghouse, used for
residential purposes containing more than one dwell-
ing unit, irrespective of whether the residency is
transient, temporary or permanent.
12. "Nonresidential premises" means all premises
except residential premises, including but not re-
stricted to premises used for industrial, commercial,
administrative and professional offices, public and
quasi-public buildings, utility and transportation.
13. "Occupancy"; "occupied": Premises aze "oc-
cupied" when a person or persons take or hold
possession of the premises for permanent or tempo-
rary use. For the purposes of determining whether
a premises is occupied during periods when gazbage
collection service is made available to such premis-
es, occupancy shall be presumed unless evidence is
presented that gas, electric, telephone and water
utility services were not being provided to the pre-
mises during such periods.
14. "Owner" means the holder or holders of legal
title to the real property constituting the premises to
which gazbage collection service is provided.
15. "Person" includes any person, firm, associa-
tion, organization, partnership, business trust, joint
venture, corporation, or company, and includes the
United States, the State of California, the County of
Santa Clara, special purpose districts, and any offi-
cer or agency thereof.
16. "Premises" means any land, building or struc-
ture, or portion thereof, within the City where any
garbage is produced, kept, deposited, placed or
accumulated.
17. "Residential premises" means any single-unit
dwelling or multiple-unit dwelling.
18. "Single-unit dwelling" means one or more
rooms and a single kitchen, designed for occupancy
by one family for residential purposes. Each dwell-
ing unit within a condominium project, duplex,
townhouse project or apartment, and each second
unit located within asingle-family residential zoning
district, shall constitute a sepazate single-unit dwell-
ing to which garbage collection service is provided,
unless the owner or occupants thereof arrange for
garbage collection service to be provided to all
dwelling units upon the premises at commercial
rates.
19. "Tenant" means any person or persons, other
than the owner, occupying or in possession of a
premises. (Ord. 1572 § 1 (part), 1991)
(Cupertino tz-%) 152/156
6.24.280
uing appropriation account entitled "Payment oi~
Delinquent Chazges For Gazbage Collection Ser-~
vice." This account shall be credited with such sum:;
as may be appropriated by the City Council, all.
delinquent service charges, late chazges and admin-
istrative chazges collected by the Finance Director..
and all amounts remitted by the Tax Collector foi~
Santa Clara County representing special assessments
collected pursuant to Section 6.24.270 of this chap-
ter. The delinquent gazbage collection service chazg-
es and late charges shall be disbursed from said
account to the garbage collector promptly upon
receipt of such payments. The administrative chazg-
es and assessment chazges shall be retained by the
City. (Ord. 1572 § 1 (part), 1991)
6.24.290 Recycle centers.
The City may operate one or more centers for the
collection of recyclable materials or may enter into
a contract with a private party to operate such cen-
ters. The City may contract with the same gazbage
collector awazded the franchise for gazbage collec-
tion service or with any other party for the process-
ing and transportation of the recyclable material
collected at a recycle center. The City Council may,
from time to time by resolution, designate what
material shall be deemed recyclable and which may
therefore be disposed of by delivery to a recycle
center. (Ord. 1572 § 1 (part), 1991)
6.24.300 Unauthorized garbage collection.
No person shall collect any gazbage produced,
kept or accumulated within the City, unless such
person is an agent or employee of the City acting
within the course and scope of his employment, or
has been awazded a franchise by the City to act as
gazbage collector. (Ord. 1572 § 1 (part), 1991)
6.24.305 Containers stored in trash
enclosures.
Any person owning, controlling or maintaining any
premises within the City which is required to have
and maintain trash enclosures as a condition of
development or use shall keep all gazbage, refuse
and waste containers within the confines of the trash
enclosures at all times except when the containers
aze being emptied by the disposal service operator.
(Ord. 1572 § 1 (part), 1991)
6.24.310 Interfering with garbage
collection service.
No person shall, in any manner, interfere with the
performance of garbage collection services being
rendered by an agent or employee of the City acting
within the course and scope of his employment, or
being rendered by the authorized gazbage collector.
(Ord. 1572 § 1 (part), 1991)
6.24.320 Unauthorized use of garbage
collection service.
No person shall deposit, place or accumulate, or
allow the deposit, placement or accumulation upon
a premises for pick up by the gazbage collector, any
gazbage produced from another premises where such
action results in the avoidance or reduction of any
gazbage collection service chazges that would other-
wise be payable for collection of such gazbage from
the premises at which it was produced. (Ord. 1572
§ 1 (part), 1991)
6.24.325 Rules and regulations adopted.
The Director of Public Works shall adopt such
rules and regulations as may be necessary for the
proper administration and enforcement of this chap-
ter, and any franchise, contract or license issued or
executed thereunder, including regulations relating
to the required frequency of collection from various
types of places and premises, and the types of spe-
cial containers required for certain classes of places
and premises.
The Director of Public Works shall resolve all
disputes concerning the administration or enforce-
ment of this chapter and any franchise, contract, or
license issued or executed thereunder. Any affected
person who is dissatisfied with the determination of
the Director of Public Works may, within ten days
after such decision appeal the same to the City
Council. Such appeal must be in writing, filed with
the City Clerk, and must set forth the reasons for
such appeal. No violation of this chapter shall be
161 (cnpert;no 12-~>
6.24.325
permitted, or be continued, during the time any such
appeal is pending. (Ord. 1572 § 1 (part), 1991)
6.24.330 Violation-Misdemeanor.
Any person who violates any provision of this
chapter shall be guilty of a misdemeanor and upon
conviction thereof shall be punished as provided in
Chapter 1.12 of this code. (Ord. 1572 § 1 (part),
1991)
cc~,~oo ~a-~~ 162
6.28.010
Chapter 6.28
CABLE TELEVISION FRANCHLSE
REGULATIONS
Sections:
6.28.010 Definitions.
6.28.020 Grant of franchise.
6.28.030 Duration of franchise.
6.28.040 Rights reserved to the City.
6.28.050 Consideration to the City.
6.28.060 Finance.
6.28.070 Insurance and indemnification.
6.28.080 Design and construction.
6.28.090 Customer service standards.
6.28.100 Enforcement remedies.
6.28.110 Discriminatory practices
prohibited.
6.28.120 Nonenforcement by the City.
6.28.130 Notices and filings.
6.28.140 Grantee's inability to perform.
6.28.160 Prior ordinances repealed.
6.28.010 Definitions.
In addition to the definitions set forth below, the
definitions of the Cable Act, including the regula-
tions adopted thereto, and any definitions contained
in the franchise agreement shall apply to this chap-
ter.
A. "Cable operator" means grantee.
B. "Cable system" means a facility, consisting
of a set of closed transmission paths and associated
signal generation, reception and control equipment
that is designed to provide cable service which
includes video programming and which is provided
to multiple subscribers within a community. Facili-
ties excluded from this definition are enunciated in
the Cable Act.
C. "City" means the City of Cupertino.
D. "Council" means the present governing body
of the City or any future boazd constituting the
legislative body of the City.
E. "Customer" means any person who subscribes
to a service provided by grantee and lawfully re-
ceives that service through the facilities of the cable
system.
F. "FCC" means the Federal Communications
Commission or its designated representative(s).
G. "Franchise" means an initial authorization, or
renewal thereof, permit, license, resolution, contract,
certificate, agreement, or otherwise, which authoriz-
es the construction or operation of a cable system.
H. "Franchising authority" means the City.
I. "Grantee" means the entity to which a fran-
chise is granted by the Council for the installation,
operation and maintenance of a cable system and the
lawful successors, transferees or assignees of said
entity.
J. "Public, educational, or governmental
("PEG") access facilities" means channel capacity
designated for PEG use, and facilities and equip-
ment for the use of such channel capacity.
K. "Service azea" means the entire geographic
azea within the City, including any additions thereto
by annexation or other legal means.
L. "Streets and public ways" means the surface
and the space above and below any public street,
sidewallc, alley or other public way or right-of--way
of any type whatsoever. (Ord. 1703 § 2 (part), 1995)
6.28.020 Grant of franchise.
A. Authority to Grant Franchises. Pursuant to
California Government Code Section 53066 and the
Cable Television Consumer Protection Act of 1992
("Cable Act"), the Council is authorized to grant or
renew a franchise for the installation, operation and
maintenance of a cable system within the City's
boundaries.
B. Grants Not Required. No provision of this
chapter shall require the granting of a franchise
when, in the opinion of the Council, it is in the
public interest not to do so.
C. Nonexclusive. The Cable Act prohibits the
granting of an exclusive franchise and provides that
where the City has unreasonably refused to awazd
an additional competitive franchise, the entity whose
application for a second franchise was denied by a
final decision of the Council may appeal that deci-
sion pursuant to the Cable Act. Accordingly, the
162-1 cc~~~;no ~z-~~
6.28.020
Council specifically reserves the right to grant, at
any time, any additional franchises as it deems
appropriate.
D. Mutual Consideration. The grant of a fran-
chise shall be deemed consideration by the City in
exchange for an agreement to provide the cable
system and services offered in accordance with the
provisions in this chapter, the franchise agreement
and relevant local, state and federal law. The fran-
chise shall constitute both a privilege and an obliga-
tion to provide the cable system and services re-
quired by this chapter and the franchise agreement.
E. Compliance with Laws. Neither this chapter
nor a franchise granted under it relieves grantee of
any requirement of the City or of any ordinance,
rule, regulation or specification of the City now or
hereafter in effect, including but not limited to, the
payment of all normal permit and inspection fees so
long as the ordinance, rules, regulations or specifica-
tions do not materially conflict with or alter the
express teams of this chapter and the franchise.
F. Limitation. No privilege shall be granted or
conferred by a franchise except those specifically
prescribed in this chapter or in the Cable Act.
G. Use of Public Streets and Ways. For the
purposes of operating and maintaining a cable sys-
tem in the service azea, a grantee may place and
maintain within the public rights-of--way such prop-
erty and equipment as aze necessary and appurtenant
to the operation of the cable system; provided, how-
ever, prior to the use of any public rights-of--way or
such purposes, the grantee shall apply for and re-
ceive any necessary permits.
H. Franchise Area. Any franchise granted here-
under shall only entitle the grantee to utilize the
City's rights-of--way within the service azea as spe-
cifically denoted in the franchise.
I. Nontransferable. Except for transfers between
and among wholly owned subsidiaries of grantee, or
affiliates of grantee which aze wholly owned by the
same pazent, the franchise shall not be sublet or
assigned, nor shall any of the rights or privileges
granted or authorized by the franchise be leased,
assigned, sold or transferred, either in whole or in
part, nor shall title thereto, either legal or equitable,
or any right, interest or property therein, pass to or
vest in any person, except the grantee, either by act
of the grantee or by operation of law, without the
prior written consent of the City. The granting of
such consent shall not render unnecessary any sub-
sequent consent.
A change of control will exist upon sale or trans-
fer of thirty percent or more of the grantee's stock
ownership, the stock ownership of grantee's parent
entity or other control even if there is no change in
the management entity, and/or a change in identity
in any entity which possesses some form of manage-
mentcontract. The city shall approve, disapprove or
conditionally approve said request within a reason-
able period of time, to be determined by the City,
upon the receipt of all requested information. Every
transfer or change of control shall be deemed void
unless the City has given written approval by resolu-
tion of the Council. If the grantee violates this sec-
tion, the franchise held by that grantee shall termi-
nate. (Ord. 1703 § 2 (part), 1995)
6.28.030 Duration of franchise.
The term of any franchise, and all rights, privileg-
es, obligations and restrictions pertaining thereto,
shall be specified in the franchise agreement. The
effective date of any franchise shall be as specified
in the franchise agreement. (Ord. 1703 § 2 (part),
1995)
6.28.040 Rights reserved to the City.
A. Reservation. There is reserved to the City
every right it may have in relation to its power of
eminent domain over grantor's license and property.
B. Nonwaiver or Bar. Neither the granting of
any franchise, nor any provision in this chapter,
shall constitute a waiver or bar to the exercise of
any governmental right or power by the City.
C. Delegation of Powers. The City Manager is
authorized and empowered to compromise or resolve
any controversy or charge arising from the opera-
tions of any grantee under this chapter, on behalf of
the city, in the public's best interest. Either the
grantee or any member of the public who may be
dissatisfied with the decision of the City Manager
(Cupertino 12-96) 162-2
6.28.070
insurance against loss covered by grantee's policies,
the City's insurance shall be excess insurance only.
B. Indemnification. Grantee shall hold harmless
and indemnify the City, its officers, boazds, commis-
sions, agents and employees from and against all
claims, actions, suits, proceedings, damages, costs
or liabilities which may arise out of or pertaining to
the exercise of grantee's obligations under the fran-
chise. (Ord. 1703 § 2 (part), 1995)
6.28.080 Design and construction.
A. Cable System Installation. The cable system
shall be installed, constructed and upgraded in ac-
cordance with the provisions of the franchise.
B. Construction Components and Techniques.
Consistent with applicable law, the cable system
technical and performance standazds shall be in
accordance with the franchise agreement.
C. Construction Codes. Grantee shall strictly
adhere to all building and zoning rules and regula-
tions cuncently or hereafter in force and obtain all
necessary permits. The grantee shall arrange its
cables, facilities and other appurtenances in the
public right-of--way in such a manner as to cause no
unreasonable interference with the use of the public
right-of--way by any person. In the event of such
interference, the City may require the removal of the
grantee's facilities from the affected property.
D. Cable Upgrade Schedule. Grantee shall com-
mence and complete all upgrade, rebuild and con-
struction of the cable system no later than as indi-
cated in any schedule that may be contained in the
franchise. Grantee shall provide a detailed construc-
tion plan indicating progress schedule, area con-
struction or reconstruction maps, test plan, and
projected dates for completion.
E. Cable System Capability. The cable system
shall meet or exceed FCC specifications and shall
provide the minimum capabilities mandated by the
franchise.
F. Undergrounding of Cable System. Under-
grounding, mitigation of visual impacts and safety
precautions of grantee's cable facilities shall be in
accord with the provisions of the franchise and other
relevant local laws.
G. Other Utilities and Facilities. Nothing in this
chapter or in the franchise shall relieve grantee of
any obligations involved in obtaining pole or con-
duit space from the City, any utility company or
from others maintaining utilities in streets, or from
grantee's responsibility to verify the location of all
existing utilities prior to construction.
H. Repair of Streets and Public Ways. Any
streets and public ways damaged by the grantee or
its contractors during construction, operation, up-
grade or maintenance of the cable system shall be
restored within the timeframe and limits specified
by the City, or the franchise, at grantee's expense,
to their original condition unless otherwise autho-
rized in writing by the City.
I. Trimming of Trees. Nothing contained in a
franchise shall empower a grantee to cut or trim any
trees in any street or public way. However, grantee
may cut or trim trees pursuant to a prior written
agreement with the owner of property on which the
tree stands, or as otherwise authorized in writing by
the City. (Ord. 1703 § 2 (part), 1995)
6.28.090 Customer service standards.
A. FCC and NCTA Standards Establish Mini-
mum. Grantee shall maintain and operate the cable
system in a manner which shall exceed all FCC
standards for customer service and meet or exceed
the industry-wide customer service standards of the
National Cable Television Association.
B. Billing Procedures. Grantee shall provide
customized billing cycles upon customer's request
and upon request by either the City or a customer.
Grantee shall not assess a late charge for past due
payments for those customers who have not been
assessed a late charge in the preceding twelve-month
period. In no event shall grantee assess a customer
a late chazge in excess of five dollazs. (Ord. 1703
§ 2 (part), 1995)
6.28.100 Enforcement remedies.
Consistent with all applicable laws, including any
rights specified in the franchise, the city reserves the
right, subject to notice requirements, to terminate a
franchise, to declare a forfeiture of a franchise, to
l65 ~cu~~~o iz-~>
6.28.100
order a stop work notice and to impose monetary
damages upon grantee's failure to comply with any
of the terms of its franchise, this chapter or other
applicable law. (Ord. 1703 § 2 (part), 1995)
6.28.110 Discriminatory practices
prohibited.
Grantee shall not deny cable service or otherwise
discriminate against customers on the basis of race,
color, religion, physical disability, national origin,
sex or age. Grantee shall strictly adhere to the equal
employment opportunity requirements of federal,
state or local governments and shall comply with all
applicable laws and executive and administrative
orders relating to nondiscrimination. (Ord. 1703 §
2 (part), 1995)
6.28.120 Nonenforcement by the City.
Grantee shall not be relieved of its obligation to
comply with any of the provisions of this chapter,
or of its franchise or any law or regulation, by rea-
son of any failure of the City to force prompt com-
pliance. (Ord. 1703 § 2 (part), 1995)
6.28.130 Notices and filings.
All notices and other communications to grantee
shall be addressed to it at the address designated in
the franchise. All notices and other communications
to the City shall be addressed to: City of Cupertino,
10300 Torre Avenue, Cupertino, California 95014,
Attn: City Manager. When not otherwise prescribed,
all matters required to be filed with the City shall
be filed with the City Clerk. (Ord. 1703 § 2 (part),
1995)
6.28.140 Grantee's inability to perform.
In the event grantee's performance of any of the
terms, conditions or obligations of this chapter or
any franchise granted hereunder, is prevented or
impaired due to any cause beyond grantee's reason-
able control, which is not reasonably foreseeable,
such inability to perform shall be excused to the
extent performance is prevented, and no penalties or
sanctions shall be imposed as a result thereof. Caus-
es beyond grantee's reasonable control include acts
of nature, declazed emergencies, labor unrest and
strikes. (Ord. 1703 § 2 (part), 1995)
6.28.160 Prior ordinances repealed.
All prior ordinances which aze deemed to be
inconsistent, in whole or in part, with the ordinance
codified in this chapter shall be and hereby aze
repealed to the extent of such inconsistency and of
no further effect. (Ord. 1703 § 2 (part), 1995)
tcw~no i2-~> 166/180
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
~c~~rooo ~2-~>
9.06.010
Chapter 9.06
MASSAGE ESTABLISHMENTS
AND SERVICES
Sections:
9.06.010
9.06.020
9.06.030
9.06.040
9.06.050
9.06.060
9.06.070
9.06.080
9.06.090
9.06.100
9.06.110
9.06.160
9.06.170
9.06.180
9.06.190
9.06.200
9.06.210
9.06.220
9.06.230
9.06.240
9.06.245
Purpose of provisions.
Defmitions.
Exemptions.
Massage establishment
license-Required.
Massage establishment
license-Application.
Massage establishment
license-Application fee.
Massage establishment
license-Grounds for denial.
Massage establishment
employees-Permit
requirements.
Massage therapist permit-
Application.
Massage therapist permit-
Application fee and renewal.
Massage therapist permit-
Criteria for issuance.
Annual medical examination
for massage therapist.
Massage therapist permit-
Grounds for denial.
Off-site massage permit-
Application.
Off-site massage permit-
Criteria.
Suspension or revocation-
Grounds.
Suspension or revocation-
Notice-Hearing.
Appeals.
Display of permit licenses.
Inspection by officials-
Premises.
Inspection by officials-
Records.
9.06.250 Violation-Public nuisance.
9.06.260 Violation-Penalty.
9.06.270 Continuing violations-
Alternative remedies.
9.06.275 Application to existing massage
establishments and massage
therapist.
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
welfare 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 of Cupertino has recognized the
field of massage therapy as a viable professional
field;
2. That the City of Cupertino wants to recognize
and respect professional massage therapy organiza-
tions and qualified professionals;
3. The City of Cupertino also finds that the
rules and regulations as developed in this chapter
strive for equality of all massage organizations and
therapists while attempting to prevent serious objec-
tionable characteristics which massage parlor estab-
lishments may have created in the past.
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. 1712 (part), 1995; Ord. 1606 § 1,
1992)
9.06.020 Definitions.
For the purpose of this chapter, unless the context
clearly requires a different meaning, the words are
(Cupertino 12-~> 210
9.06.245
service received, and the name of the massage thera-
pist administering the service. Such records shall be
open to inspection only by officials of the City of~
Cupertino charged with enforcement of this chapter.
These records may not be used for any other pur-
pose 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 pre-
mises of the massage establishment for a period of
two yeazs. (Ord. 1712 (part), 1995)
9.06.250 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. 1643 (part), 1994; Ord. 1606 § 23,
1992)
existed prior to the effective date of the ordinance
codified in this chapter.
In order to comply with this chapter, each owner
of a massage establishment shall comply with the
provisions of this chapter within thirty days of the
adoption, and each massage therapist must comply
within ninety days of adoption. (Ord. 1712 (part),
1995)
9.06.260 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. 1712 (part), 1995: Ord. 1643 (part), 1994;
Ord. 1606 § 22, 1992)
9.06.270 Continuing violations-
Alternative remedies.
Nothing in this chapter shall be deemed to pre-
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. 1643 (part),
1994; Ord. 1606 § 24, 1992)
9.06.275 Application to existing massage
establishments and massage
therapist.
The provisions of this chapter shall become appli-
cable to massage establishments and persons en-
gaged in the practice of massage which lawfully
210-7 (Cupertino 12-96)
9.12.010
REMEDIAL ACTION
9.12.100 Grounds for remedial action.
9.12.101 Notice of noncompliance.
9.12.102 Notice of hearing.
9.12.103 Suspension prior to hearing.
9.12.104 Remedial action.
9.12.105 Transmittal of decision.
9.12.106 Authority after suspension,
revocation or expiration.
9.12.107 Return of permit.
HEARING PROCEDURE
9.12.110 Hearing rules.
9.12.111 Hearing notices.
ENFORCEMENT
9.12.120 Criminal penalties.
9.12.121 Civil penalties.
9.12.122 Civil action for retaliation.
9.12.123 Remedies not exclusive.
MISCELLANEOUS
9.12.130 Disclaimer of liability.
9.12.131 Guidelines.
9.12.132 Duties are discretionary.
9.12.133 Conflict with other laws.
COMPLIANCE SCHEDULE
9.12.141 Timetable for initial
compliance.
* Prior ordinance history for §§ 9.12.050, 9.12.051 and 9.12.053:
Ords. 1220 and 1224.
GENERAL PROVLSIONS
9.12.010 Purpose.
The purpose of this chapter is the protection of
health, life, resources and property through preven-
tion and control of unauthorized discharges of haz-
ardous materials. (Ord. 1244 (part), 1983: Ord. 1220
(part), 1983)
9.12.011 General obligation---Safety and
care.
A. No person, fum or corporation shall cause,
suffer or permit the storage of hazardous materials:
1. In a manner which violates a provision of this
chapter or any other local, federal or State statute,
code, rule or regulation relating to hazardous materi-
als; or
2. In a manner which causes an unauthorized
dischazge of hazazdous materials or poses a signifi-
cant risk of such unauthorized discharge. (Ord. 1373
(part), 1986; Ord. 1244 (part), 1983: Ord. 1220
(part), 1983)
9.12.012 Specific obligation.
A. Any person, firm or corporation which stores
any material regulated by Section 9.12.020 which is
not excluded by Section 9.12.021 shall obtain and
keep current a Hazazdous Materials Storage Permit.
B. All such hazazdous materials shall be con-
tained in conformity with Article III of this chapter.
C. The storage of such hazazdous materials shall
be in conformance with the approved Hazardous
Materials Management Plan.
D. Cupertino shall apply for, and the officer
shall consider and issue where appropriate, a permit,
in conformity with this chapter, for the storage of
hazardous materials by Cupertino in an underground
storage tank, as those terms are defined in Chapter
6.7 of Division 20 of the California Health and
Safety Code, wherever Cupertino's storage facility
may be situated. Any other city, county, district or
department, or agency of the State which stores any
hazazdous substance in an underground storage tank,
as those terms aze defined in Chapter 6.7, in Cuper-
tino, without a permit meeting the requirements of
Chapter 6.7 issued by such other local agency, shall
obtain and keep current a permit from Cupertino
which conforms at a minimum to Sections 25284
and 25284.1 of the Health and Safety Code. (Ord.
1244 (part), 1983: Ord. 1220 (part), 1983)
215 (Cupertino 12-96)
9.12.013
9.12.013 Definitions.
Unless otherwise expressly stated, whenever used
in this chapter, the following terms shall have the
meanings set forth below:
A. "Abandoned," when referring to a storage
facility, means out of service and not safeguazded
in compliance with this chapter.
B. "Facility" means a building or buildings,
appurtenant structures and surrounding land azea
used by a single business entity at a single location
or site.
C. "Hazazd class" means Explosives A, Explo-
sives B, Explosives C, blasting agents, flammable
solids, oxidizers, organic peroxides, corrosive mate-
rials, flammable gases, nonflammable gases, Poisons
A, Poisons B, irritating materials, etiologic agents,
radioactive materials, Other Regulated Materials
(ORM) A, B, C, D and E. For purposes of this
chapter, the U.S. Department of Transportation
(DOT) definitions in 49 CFR Part 173 as amended
shall be utilized; however, whenever the definitions
in 49 CFR 173 refer to transportation or hazazds
associated with transportation, they shall be deemed
to refer to storage or other regulated activity under
this chapter.
D. "Hazardous material" means any material
which is subject to regulation pursuant to Article II
of this chapter. A mixture is a hazardous material
if it either is a waste and contains any material
regulated pursuant to Article II of this chapter, or is
a nonwaste and contains one percent by volume or
more of any material regulated pursuant to Article
II of this chapter.
E. "Officer" means the employee assigned by
Cupertino to administer this chapter or any designee
of such employee.
F. "Permit" means any Hazardous Materials
Storage Permit issued pursuant to this chapter as
well as any additional approvals thereto.
G. "Permit quantity limit" means the maximum
amount of hazazdous material that can be stored in
a storage facility. Sepazate permit quantity limits
will be set for each storage facility for which a
permit is obtained in accordance with the require-
ments of this chapter.
H. "Permittee" means any person, firm or corpo-
ration to whom a permit is issued pursuant to this
chapter and any authorized representative, agent or
designee of such person, firm or corporation.
I. "Pipes" means pipeline systems which are
used in connection with the storage of hazazdous
materials exclusively within the confines of a facili-
ty and which aze not intended to transport hazardous
materials in interstate or intrastate commerce or to
transfer hazardous materials in bulls to or from a
marine vessel.
J. "Primary containment" means the first level
of containment, i.e., the inside portion of that con-
tainer which comes into immediate contact on its
inner surface with the hazardous material being
contained.
K. "Product-tight" means impervious to the
hazardous material which is contained, or is to be
contained, so as to prevent the seepage of the haz-
azdous material from the primary containment. To
be product-tight, the container shall be made of a
material that is not subject to physical or chemical
deterioration by the hazardous material being con-
tained.
L. "Secondary containment" means the level of
containment external to and sepazate from the pri-
mary containment.
M. "Single-walled" means construction with
walls made of but one thickness of material. Lami-
nated, coated or clad materials shall be considered
as single-walled.
N. "Storage facility" means any one or combina-
tion of tanks, sumps, wet floors, waste-treatment
facilities, pipes, vaults or other portable or fixed
containers, used, or designed to be used, for the
storage of hazardous materials at a facility.
O. "Sump" means a pit or well in which liquids
collect.
P. "Unauthorized dischazge" means any release
or emission of any hazazdous material which does
not conform to the provisions of this chapter, unless
such release is in accordance with the release regu-
lations of the Bay Area Air Quality Management
District and California Air Resources Board, with a
National Pollutant Dischazge Elimination System
ccupemno 12-~> 216
9.12.111
by certified mail, postage prepaid, to the applicant
or permittee at the address given for purposes of
notice on the application or permit or delivered to
the permittee personally. (Ord. 1244 (part), 1983:
Ord. 1220 (part), 1983)
ENFORCEMENT
9.12.120 Criminal penalties.
Any person who violates any of the provisions of
this chapter shall be guilty of a misdemeanor and
upon conviction thereof shall be punished as provid-
ed in Chapter 1.12. (Ord. 1244 (part), 1983: Ord.
1220 (part), 1983)
9.12.121 Civil penalties.
A. Any person, firm or corporation who inten-
tionally or negligently violates any provision of this
chapter, except that an unauthorized dischazge which
is recordable and recorded in compliance with Sec-
tion 9.12.060, shall not be a violation of this chapter
for purposes of this section, or fails to comply with
any order issued thereunder shall be liable for a civil
penalty not to exceed five hundred dollars per day
for each violation which shall be assessed and re-
covered in a civil action brought in the name of the
people by the City Attorney. In determining the
penalty, the court shall consider all relevant circum-
stances, including, but not limited to, the following:
1. The extent of harm or potential harm caused
by the violation;
2. The nature and persistence of the violation;
3. The length of time over which the violation
occurred;
4. The frequency of past violations;
5. The permittee's record of maintenance;
6. Corrective action, if any, taken by the permit-
tee.
B. In any civil action brought pursuant to this
chapter, in which Cupertino prevails, the court shall
determine and impose reasonable expenses, includ-
ing attorney's fees, incurred by Cupertino in the
investigation and prosecution of the action. (Ord.
1244 (part), 1983: Ord. 1220 (part), 1983)
9.12.122 Civil action for retaliation.
A civil action may be instituted against any em-
ployer by any employee who has been discharged,
demoted, suspended, or in any other manner dis-
criminated against in terms or conditions of employ-
ment, or threatened with any such retaliation, be-
cause such employee has, in good faith, made any
oral or written report or complaint related to the
enforcement of this chapter to any company official,
public official or union official, or has testified in
any proceeding in any way related thereto. In addi-
tion to any actual damages which may be awarded,
damages shall include costs and attorney's fees. The
court may award punitive damages in a proper case.
(Ord. 1244 (part), 1983: Ord. 1220 (part), 1983)
9.12.123 Remedies not exclusive.
Remedies under this section aze in addition to and
do not supersede or limit any and all other remedies,
civil or criminal. (Ord. 1244 (part), 1983: Ord. 1220
(part), 1983)
MLSCELLANEOUS
9.12.130 Disclaimer of liability.
The degree of protection required by this chapter
is considered reasonable for regulatory purposes.
The standazds set forth in this chapter aze minimal
standards and this chapter does not imply that com-
pliance will ensure that there will be no unautho-
rized dischazge of hazazdous material. This chapter
shall not create liability on the part of Cupertino,
any officer or employee thereof for any damages
that result from reliance on this chapter or any ad-
ministrativedecision lawfully made under this chap-
ter. All persons handling, storing, using, processing
and disposing of hazardous materials within Cuperti-
no should be and are advised to determine to their
own satisfaction the level of protection in addition
to that required by this chapter necessary or desir-
able to ensure that there is no unauthorized dis-
chazge of hazazdous materials. (Ord. 1244 (part),
1983: Ord. 1220 (part), 1983)
:?35 ccuarono ~z-~>
9.12.131
9.12.131 Guidelines.
Guidelines approved by the City Manager or
designee shall be maintained in the office of the
City Clerk. Such guidelines, in the areas addressed
therein, shall serve as an advisory interpretation of
this chapter. (Ord. 1244 (part), 1983: Ord. 1220
(part), 1983)
9.12.132 Duties are discretionary.
Subject to the limitations of due process, notwith-
standing any other provision of this Code whenever
the words "shall" or "must" are used in establishing
a responsibility or duty of Cupertino, its elected or
appointed officers, employees or agents, it is the
legislative intent that such words establish a discre-
tionary responsibility or duty requiring the exercise
of judgment and discretion. (Ord. 1244 (part), 1983:
Ord. 1220 (part), 1983)
9.12.133 Conflict with other laws.
Notwithstanding any other provision of this chap-
ter:
A. A storage facility regulated by any state or
federal agency will be exempted from any conflict-
ing provision of this chapter.
B. If the storage facility is required to have a
permit from the Department of Health Services
under Health and Safety Code Section 25100, et
seq., it shall be exempted from any provision of this
chapter which is covered by the regulations adopted
under the above-cited statute.
C. Whenever any provision of this chapter con-
flicts with the Fire Code as adopted by Cupertino,
the stricter shall prevail. (Ord. 1244 (part), 1983:
Ord. 1220 (part), 1983)
COMPLIANCE SCHEDULE
9.12.141 Timetable for initial compliance.
A. New Storage Facilities.
1. As of the effective date of the ordinance
codified in this chapter, a Hazardous Materials Stor-
age Permit for a facility must be obtained prior to
the installation or use of any new storage facility
unless a building permit for such new storage facili-
ty was issued prior to such date.
2. The Hazardous Materials Management Plan
must be filed at the time of application fora Haz-
ardous Materials Storage Permit.
B. Existing Storage Facilities.
1. A facility which has any existing hazardous
materials storage facilities or had obtained a build-
ing permit for such a storage facility prior to the
effective date of the ordinance codified in this chap-
ter, and to which no new storage facility is added
shall have one year from such effective date to file
a completed application for a Hazardous Materials
Storage Permit, including a monitoring plan in ac-
cordance with Section 9.12.032. The time limitation
for determination specified in Section 9.12.088 shall
not apply but the applicant shall be deemed to have
a provisional permit of indefmite term, until Cuper-
tino makes such determination.
2. Notwithstanding the provisions of subdivision
1 of this subsection, a Hazardous Materials Invento-
ry Statement, if applicable, must be filed within
ninety days of the effective date of the ordinance
codified in this chapter. (Ord. 1244 (part), 1983:
Ord. 1220 (part), 1983)
(Cupertino 12-96) 236
9.18.010
Chapter 9.18
NONPOINT SOURCE POLLUTION AND
WATERCOURSE PROTECTION*
Sections:
9.18.010 Purpose of chapter.
9.18.020 Definitions.
9.18.030 Limitations on point of
discharge.
9.18.040 Discharge into the storm drain
prohibited.
9.18.050 Public nuisance.
9.18.060 Protection from accidental
discharge.
9.18.070 Accidental discharge-
Notification of discharge.
9.18.080 Discharge permitted pursuant
to NPDES permit.
9.18.090 Violation.
9.18.100 Civil penalty for violation-
Payment of funds to account.
9.18.110 Civil penalty for illicit
discharges-Payment of funds
to account.
9.18.120 Notice of violation.
9.18.130 Administrative penalties-
Payment of funds to account.
*Prior ordinance history: Ord. 1571.
9.18.010 Purpose of chapter.
This chapter is enacted for the protection of
health, life, resources and property through preven-
tion and control of unauthorized discharges into
watercourses, and pursuant to a federal mandate
pursuant to the Clean Water Act and in accord with
the Water Quality Division of Division 7 of the
California Water Code, and the City's National
Pollution Discharge Elimination System permit
issued by the Califomia Regional Water Quality
Control Boazd, San Francisco Bay Region. The
primary goal of this chapter is the cleanup of
stormwater pollution from urban runoff that flows
to creeks and channels, eventually discharging into
the South San Francisco Bay. (Ord. 1598 § 1 (part),
1992)
9.18.020 Definitions.
For the purposes of this chapter, the following
words and phrases shall have the meanings ascribed
to them by this section, unless the context or the
provision clearly requires otherwise.
1. "City" means and includes all the territory
lying within the municipal boundaries of the City of
Cupertino as presently existing, plus all territory
which may be added thereto during the effective
term of the ordinance codified in this chapter.
2. "Director of Public Works" means the Direc-
tor of Public Works and his/her duly authorized
agents and representatives.
3. "Illicit connection" means the unauthorized
connection of a wastewater stream to storm sewers.
4. "Nonpoint source pollution discharge" means
any dischazge from land which results or probably
will result in a discharge into watercourses. Such
dischazges represent a process whereby pollutants,
debris, and chemicals generated from various land
uses accumulate on streets, construction sites, pazk-
ing lots and other exposed surfaces and aze washed
off and carried away by stolmwater runoff into
watercourses. The major pollutants of concern in
these dischazges aze heavy metals, sediments, petro-
leum hydrocazbons, organochlorine, pesticides and
tOX1CS.
5. "NPDES permit" means a National Pollution
Dischazge Elimination System permit issued by the
Regional Water Quality Control Board, San Francis-
co Bay Region.
6. "Person" includes any person, firm, associa-
tion, organization, partnership, business trust, joint
venture, corporation or company, and includes the
United States, the State of California, the County of
Santa Claza, special purpose districts, and any o~-
cer or agency thereof.
7. "Storm drain" means any pipe, conduit or
sewer of the City designed or used for the disposal
of storm and surface waters and drainage including
unpolluted cooling water and unpolluted industrial
.~37 (Cupertino 12-96)
9.18.020
process water, but excluding any community sani-
tary sewer system.
8. "Unpolluted water" means water to which no
constituent has been added, either intentionally or
accidentally, that would render such water unaccept-
able for disposal to storm or natural drainages or
directly to surface waters.
9. "Waste" includes sewage and soil from ero-
sion and any and all other waste substances, liquid,
solid, gaseous or radioactive, associated with human
habitation, or of human or animal origin, or from
any producing, manufacturing or processing opera-
tion of whatever nature, including waste placed
within containers of whatever nature prior to, and
for purposes of, disposal.
10. "Watercourse" means a channel in which a
flow of water occurs, either continuously or inter-
mittently. (Ord. 1598 § 1 (part), 1992)
9.18.030 Limitations on point of discharge.
No person shall discharge any substance directly
into a manhole or other opening in a City storm
drain other than through aCity-approved storm
drain connection. (Ord. 1598 § 1 (part), 1992)
9.18.040 Discharge into the storm drain
prohibited.
A. It is unlawful to discharge, or cause, allow,
or permit to be dischazged into any storm drain or
natural outlet or channel all waste, including but not
restricted to, sewage, industrial wastes, petroleum
products, coal tar or any refuse substance arising
from the manufacture of gas from coal or petroleum,
chemicals, detergents, solvents, paints, contaminated
or chlorinated swimming pool water, pesticides,
herbicides and fertilizers.
B. The Director of Public Works may require
that unpolluted cooling water or other unpolluted
water be dischazged into a natural outlet. However,
allowable dischazges shall not cause any impairment
in the beneficial uses or quality of water of the state
as defined in the California Water Code or any
special requirements of the Regional Water Quality
Control Board, San Francisco Bay Region or to
injure or interfere with the operation of the State's
watercourses. The City may, from time to time, by
resolution of the City Council, adopt supplementary
rules and regulations on dischazge into any storm
drain or natural outlet or channel which shall have
the same force and effect as if set forth herein and
for which the remedies herein for violation shall be
applicable. (Ord. 1598 § 1 (part), 1992)
9.18.050 Public nuisance.
The dischazge of unscreened garbage, fruit, vege-
table, animal or other solid industrial wastes into
any stonm drain or natural outlet or channel, in
violation of any provision of this chapter, is hereby
declazed to be a public nuisance and shall be han-
dled in the same manner as provided in Chapter
1.09 of this code. (Ord. 1598 § 1 (part), 1992)
9.18.060 Protection from accidental
discharge.
Each person shall provide protection from acci-
dental dischazge of prohibited materials or other
wastes regulated by this chapter into any storm drain
or natural outlet or channel. Facilities to prevent
accidental dischazge of prohibited materials shall be
provided and maintained at the user's expense. (Ord.
1598 § 1 (part), 1992)
9.18.070 Accidental discharge-
Notification of discharge.
A. All persons shall notify the Director of Public
Works by telephone immediately upon accidentally
discharging wastes to enable countermeasures to be
taken by the City to minimize damage to storm
drains and the receiving waters.
B. This notification shall be followed, within ten
days of the date of occurrence, by a detailed written
statement describing the causes of the accidental
dischazge and the measures being taken to prevent
future occurrences. Such notification will not relieve
persons of liability for violations of this chapter or
for any fines imposed on the City on account there-
of under Section 13350 of the California Water
Code, or for violation of Section 5650 of the Cali-
fornia Fish and Wildlife Code, or any other applica-
(Cupertino 12-96) 238
9.18.070
ble provisions of State or Federal laws. (Ord. 1598
§ 1 (part), 1992)
9.18.080 Discharge permitted pursuant to
NPDES permit.
The provisions of this chapter shall not prohibit
any dischazge in compliance with a valid NPDES
permit issued to the dischazger. (Ord. 1598 § 1
(part), 1992)
9.18.090 Violation.
Any person who violates any provision of this
chapter is guilty of a misdemeanor and upon con-
viction thereof shall be punished as provided in
Chapter 1.12 of this code. (Ord. 1598 § 1 (part),
1992)
9.18.100 Civil penalty for violation-
Payment of funds to account.
Any person who violates any provision of this
chapter or any provision of any permit issued pursu-
ant to this chapter shall be civilly liable to the City
in a sum not to exceed the amounts provided for in
Government Code Sections 54740 and/or 54740.5.
The City may petition the Superior Court pursuant
to Government Code Section 54740 to impose,
assess and recover such sums. The civil penalty
provided in this section is cumulative and not exclu-
sive, and shall be in addition to all other remedies
available to the City under State and Federal law
and local ordinances. Funds collected pursuant to
this section shall be paid to City's Environmental
Management Account. (Ord. 1598 § 1 (part), 1992)
9.18.110 Civil penalty for illicit
discharges-Payment of funds to
account.
Any person who dischazges pollutants, in viola-
tion of this chapter, by the use of illicit connections
shall be civilly liable to the City in a sum not to
exceed twenty-five thousand dollars per day per
violation for each day in which such violation oc-
curs. The City may petition the Superior Court
pursuant to Government Code Section 54740 to
impose, assess and recover such sums. The civil
penalty provided in this section is cumulative and
not exclusive, and shall be in addition to all other
remedies available to the City under State and Fed-
eral law and local ordinances. Funds collected pur-
suant to this section shall be paid to City's Environ-
mental Storm Management Account. (Ord. 1598 §
1 (part), 1992)
9.18.120 Notice of violation.
Unless the Director of Public Works fmds that
the severity of the violation warrants immediate
action under Sections 9.18.090, 9.18.100 or 9.18.110
above, or permit revocation or suspension, he/she
shall issue a notice of violation which:
A. Enumerates the violations found; and
B. Orders compliance by a certain date. (Ord.
1598 § 1 (part), 1992)
9.18.130 Administrative penalties-
Payment of funds to account.
Whenever the City Manager or his/her designee
fmds that any person has violated any notice of
violation requiring compliance with any provision
of this chapter, or has violated any provision of this
chapter, he may assess an administrative penalty in
a sum not to exceed the amounts provided in Gov-
ernment Code Section 54740.5. The remedy provid-
ed in this section is cumulative and not exclusive,
and shall be in addition to all other remedies avail-
able to the City under State and Federal law and
local ordinances. Funds collected pursuant to this
section shall be paid to the City's Environmental
Storm Management Account. (Ord. 1598 § 1 (part),
1992)
239 (Cupertino 12-96)
9.20.010
Chapter 9.20
OFF-SITE HAZARDOUS WASTE
FACILITIES
Sections:
9.20.010
9.20.020
9.20.030
9.20.040
9.20.050
9.20.060
9.20.070
9.20.080
9.20.090
9.20.100
9.20.110
9.20.120
9.20.130
9.20.140
9.20.150
9.20.160
9.20.170
9.20.180
9.20.190
9.20.200
9.20.210
9.20.220
9.20.230
9.20.240
9.20.250
9.20.260
9.20.270
9.20.280
Purpose.
Applicability.
Definitions.
Application procedure.
Notice of intent-Newspaper
publication.
Consistency with general plan.
Public hearing by OPA.
Local application for land use
approval.
Appointment of Local
Assessment Committee.
Environmental assessment.
Public hearing by Planning
Commission.
Final decision.
Appeal.
Application requirements.
Health and safety assessment.
Risk assessment.
Emergency contingency plan.
Closure plan.
Monitoring plan.
Siting criteria response.
Hearing notification
list-Mailing labels.
Consistency requirement.
LAC-Appointment-
Membership.
LAC-Duties and
responsibilities.
LAC-Funding.
OPA assistance.
Sunset clause.
Public hearings-Notification.
9.20.290 Criteria for the siting of
transfer, treatment or
incineration facilities.
9.20.300 Use of permit.
9.20.310 Penalties.
9.20.010 Purpose.
The purpose of this chapter is to establish uni-
form standards, land use regulations and a permit
review process for controlling the location, design,
maintenance and safety of off-site hazardous waste
treatment, storage, transfer and disposal facilities.
This chapter is intended to implement the City's
policies concerning hazardous waste management,
as contained in the public health and safety element
of the general plan, and is enacted in accordance
with the statutory authority granted to local govern-
ment agencies under the California Health and Safe-
ty Code. (Ord. 1555 Part 1 § 1, 1991)
9.20.020 Applicability.
A. General. The specific requirements of this
chapter are applicable to the siting and development
of hazardous waste treatment, storage, transfer and
disposal facilities as defined in Section 9.20.030 of
this chapter.
B. Exceptions. The provisions of this chapter
shall not apply to permanent on-site hazardous waste
management facilities at locations where hazardous
waste is produced, and which are owned by, leased
to, or are under the control of the producer of the
waste.
C. State License Required. All hazardous waste
management facilities regulated by this chapter shall
require state licensing prior to installation and opera-
tion. The project sponsor shall assume all responsi-
bility in connection with obtaining licenses and
entitlements from all other agencies having jurisdic-
tion over such facility. (Ord. 1555 Part 2 §§ 1-3,
1991)
(Cupenioo ~z-v6> 240/242
9.20.300
specified in the approved facility permit, unless a
sepazate application is made therefor which shall
satisfy the same procedures and contents as those
required in an initial application.
B. Any off-site hazardous waste facility permit
that is granted shall be used within one yeaz from
the effective date thereof, or within such additional
time as may be set in the conditions of approval,
which shall not exceed a total of two yeazs; other-
wise the permit shall be null and void.
C. Notwithstanding the foregoing, if a permit is
required to be used within less than two yeazs, the
permittee may, prior to the permit's expiration,
request an extension of time in which to use the
permit. A request for extension of time shall be
made to the City Council and shall be filed with the
Planning Director, accompanied by the fees estab-
lished by the City Council.
D. Within thirty days following the filing of a
request for an extension, the Planning Director shall
set the matter as an advertised public hearing on the
regulaz agenda of the Planning Commission who
shall review the application, make a recommenda-
tion thereon, and forwazd the matter to the City
Council.
E. An extension of time may be granted by the
City Council upon a determination that valid reason
exists for the permittee not using the permit within
the required period of time.
F. If an extension is granted, the total time
allowed for use of the permit shall not exceed a
period of three years, calculated from the effective
date of the issuance of the original permit.
G. The term "use" shall mean the beginning of
substantial construction of the use that is authorized,
which construction must thereafter be pursued dili-
gently to completion. (Ord. 1555 Part 6 § 4, 1991)
9.20.310 Penalties.
Violations of any provision of this chapter consti-
tutes amisdemeanor punishable as prescribed in
Chapter 1.12 of this code.
In addition to the criminal penalties prescribed
above, the City Attorney may bring appropriate civil
action to enforce the provisions of this chapter or
any permit issued pursuant to this chapter.
Nothing in this section shall be construed as
affecting permit entitlements granted by other juris-
dictions, nor shall this section be deemed to confer
any rights or remedies upon any person, firm or
corporation not a party to the permit or other
entitlements granted by the City. (Ord. 1555 Part 7
§ 1, 1991)
243 cc~~~aoo ~z-~>
Tiitle 10
PUBLIC PEACE, SAFETY AND MORALS
Chapters:
10.10
10.20
10.21
10.24
10.25
10.26
10.27
10.30
10.44
10.48
10.49
10.52
10.56
10.60
10.68
10.76
Conduct in Public: Buildings
Explosives
News Racks
Fireworks
Regulation Smoking in Certain Public Places
Regulation of Poliice Alarm Systems and Devices
Cigarette and/or 'tobacco Vending Machines
Elimination of Bodily Waste in Public Places
Parades and Athletic Events
Community Noise Control
Consumption of or Possession of Open
Container of Into:Kicating Liquors in Public
Places
Distribution of H:~ndbills and Advertisements
Trespassing Upon Parking Lots, Shopping
Center Property ~md Other Property Open to
the Public
Regulation of Gra.f~iti
Curfew
Firearms Permit
?45 (Cupertino 12-96)
10.10.010
Chapter 10.10
CONDUCT IN PUBLIC BUILDINGS
Sections:
10.10.010 Communications.
10.10.020 Conduct in public buildings.
10.10.030 Violation-Penalty.
10.10.010 Communications.
Any person may, subject to the regulation here-
inafter imposed, freely address, or communicate
with, any member of the staff of the City of Cuper-
tino, including, but not limited to, the City Manager,
the Chief Administrative Officer, the City Clerk, the
Heads of Departments, the Code Enforcement Offi-
cer, and their respective assistants and employees,
with respect to municipal affairs coming within the
scope of responsibility of any such officer or em-
ployee. (Ord. 832 (part), 1977)
10.10.020 Conduct in public buildings.
When so addressing or communicating with, the
foregoing officers or employees, in a public building
of the City of Cupertino, no person shall:
A. Unreasonably interfere with or disrupt the
normal municipal activities being carried on therein
by any such officer or employee; or,
B. Use obscene, insulting or abusive language
toward any such officer or employee. (Ord. 832
(Part), 1977)
10.10.030 Violation-Penalty.
Any person who violates the provisions of this
chapter shall be guilty of a misdemeanor and upon
conviction shall be punished as provided in Chapter
1.12. (Ord. 1179 § 3 (part), 1982: Ord. 832 (part),
1977)
:',47
(Cupertino 12-96)
10.20.010
Chapter 10.20 upon conviction thereof shall be punished as provid-
ed in Chapter 1.12. (Ord. 166 § 5, 1961)
EXPLOSIVES*
Sections:
10.20.010 Permit-Required-
Application.
10.20.020 Permit-Issuance.
10.20.030 Storage.
10.20.040 Violation-Penalty.
* For statutory provisions relating to the sale, storage or handling of
explosives, see Health and Safety Code § 12000 et seq.
10.20.010 Permit-Required-Application.
No person shall manufacture explosives; sell,
give, deliver or otherwise dispose of explosives;
receive, or possess explosives, transport explosives;
use explosives; operate a terminal for handling
explosives; park or leave standing any vehicle carry-
ing explosives within the City without first having
made application for and received a permit in accor-
dance with the provisions of Division 11, Part 1,
Chapter 1, Sections 12000 et seq. of the Health and
Safety Code of the State. (Ord. 592 § 1 (part), 1973:
Ord. 166 § 2, 1961)
10.20.020 Permit-Issuance.
Pursuant to the provisions of Section 12007 of
the Health and Safety Code of the State the Council
of the City designates the Sheriff of the County as
the issuing authority and further designates the Fire
Marshal of the County as the second issuing authori-
ty. (Ord. 592 § 1 (part), 1973: Ord. 166 § 3, 1961)
10.20.030 Storage.
No person shall store or permit to be stored on
any public or private property explosives as defined
in Section 12000 of the Health and Safety Code.
(Ord. 166 § 4, 1961)
10.20.040 Violation-Penalty.
Any person who violates any of the provisions of
this chapter shall be guilty of a misdemeanor and
(Cupertino 12-96) 248
10.21.010
Chapter 10.21
NEWS RACKS
Sections:
10.21.010 Purpose.
10.21.020 Permit required.
10.21.030 No fee required.
10.21.040 Issuance of permit.
10.21.060 Administrative authority.
10.21.070 Display of certain material
prohibited.
10.21.080 Enforcement of violations.
10.21.100 Display of certain matter
prohibited.
10.21.120 Dangerous news racks.
10.21.130 Penalty.
10.21.010 Purpose.
The City Council finds that the unrestricted place-
ment and maintenance of news racks on the public
right-of--way and the proliferation of news racks
which display or describe explicit sexual conduct
and nudity, unreasonably interferes with and ob-
structs the public's use of such right-of--way, consti-
tutes unwarranted invasions of individual privacy,
is unsafe and obscene. The City Council finds,
however, that the use of the public right-of-way by
news racks to dispense should not be banned.
Hence, the City Council finds that these competing
substantial interests can only be accommodated by
this chapter which sets reasonable restrictions on the
time, place and manner of maintaining news racks
on public property. (Ord. 1668 (part), 1994: Ord.
961 (part), 1979)
10.21.020 Permit required.
No person shall place, maintain or relocate a
news rack in the City on, or which projects onto, a
public right-of--way unless and until a news rack
permit has been obtained from the City Council.
Each news rack permit shall be for a term of one
year, shall remain renewable as long as the news
rack complies with this chapter, and shall allow the
placement and maintenance of any number of news
racks per each applicant. (Ord. 1668 (part), 1994:
Ord. 961 (part), 1979)
10.21.030 No fee required.
No fee shall be required for the issuance of a
news rack permit. (Ord. 961 (part), 1979)
10.21.040 Issuance of permit.
A news rack permit shall be issued to the appli-
cant if the location of the proposed news rack(s) is
not within any of the following locations:
A. Within four feet of any marked crosswalk;
B. Within fifteen feet of the curb return of any
unmazked crosswalk;
C. Within four feet of any fire hydrant, fire or
police call box or other emergency facility;
D. Within three feet of any driveway;
E. Within three feet ahead of, and fifteen feet to
the rear of, any designated bus stop measured pazal-
lel with the flow of traffic;
F. Within three feet of any bus bench;
G. Where the news rack would create a traffic
hazard, including any portion of the public right-of-
way on which vehicles aze permitted;
H. Where the news rack would obstruct access
to sidewalks or abutting property;
I. Where the news rack would create unsafe
conditions for persons or property;
J. Where the news rack would unreasonably
interfere with or obstruct pedestrian or vehicular
traffic on the public right-of--way; or
K. Where the news rack would reduce passage
space for pedestrians to less than four feet. (Ord.
1668 (part), 1994: Ord. 961 (part), 1979)
10.21.060 Administrative authority.
There is conferred upon the City Manager those
powers and duties necessary for the administration
of this chapter. In addition, there is also conferred
upon the City Manager the authority and power to
designate such officers and employees of the City,
and of other cooperating public agencies, as may be
required to assist him in carrying out the intent and
purpose of this chapter. (Ord. 961 (part), 1979)
:~49 (Cupertino 12-96)
10.21.070
10.21.070 Display of certain material
prohibited.
Publications dispensed from news racks permitted
on public property shall not display to the public
view photographs or pictorial representations of the
commission of any of the following acts: sodomy,
oral copulation, sexual intercourse, masturbation, or
a photograph of a penis in an erect and turgid state.
(Ord. 1668 (part), 1994: Ord. 961 (part), 1979)
10.21.080 Enforcement of violations.
A. Where the placement of or material in any
news rack is in violation of this chapter, the City
may immediately remove and impound the news
rack or order the permittee to remove the news rack
within ten calendar days from the date of the order
of removal. The order of removal must be in writing
and sent certified mail, return receipt requested, with
postage prepaid, addressed to the name and address
provided on the news rack. If the news rack is not
removed within the ten-day period, the City may
remove and impound the news rack.
B. Where a news rack is impounded, a written
notice of such action shall be sent to the permittee
within five working days after impoundment, and a
charge of fifty dollazs will be required to retrieve
the news rack. The City shall hold all news racks up
to and including thirty days from the date of im-
poundment, and then if not retrieved within that
time may destroy or otherwise dispose of the news
racks. (Ord. 1668 (part), 1994)
10.21.100 Display of certain matter
prohibited.
Publications offered for sale from news racks
placed or maintained on or projecting over the pub-
lic right-of--way shall not be displayed or exhibited
in a manner which exposes to public view from the
public right-of-way the following:
A. Any statements or words describing explicit
sexual acts, sexual organs, or excrement, where such
statements or words have as their purpose or effect
sexual arousal, gratification, or affront;
B. Any picture or illustration of genitals, pubic
hair, perineums, anuses, or anal regions of any
person, where such picture or illustration has as its
purpose or effect sexual arousal, gratification, or
affront;
C. Any picture or illustration depicting explicit
sexual acts, where such picture or illustration has as
its purpose or effect sexual arousal, gratification, or
affront. (Ord. 961 (part), 1979)
10.21.120 Dangerous news racks.
The city may immediately correct any violation
of Section 10.21.090, and, if such violation is creat-
ing adangerous or hazardous condition, may imme-
diately remove and impound any such news rack. If
the news rack is impounded pursuant to this section,
a written notice of such action shall be sent to the
permittee, or person if known, maintaining the news
rack within two working days after the impound-
ment, and a chazge of five dollars will be required
to retrieve the news rack. All such news racks will
be held up to thirty days, and then, if not retrieved
will be destroyed or otherwise disposed of. (Ord.
961 (part), 1979)
10.21.130 Penalty.
Section 17572 of the' Business and Professions
Code provides that any person who violates Article
5, entitled Vending Machines (including Section
17570) is guilty of a misdemeanor punishable by
imprisonment in the County Jail not to exceed six
months, or a fine not to exceed five hundred dollars,
or by both, for each violation. Any person who
violates any provision of.this chapter shall be guilty
of an infraction and, upon conviction thereof, may
be punished as prescribed in Chapter 1.12. (Ord.
961 (part), 1979)
(Cupertino 12-96) 250
10.24.010
Chapter 10.24
FIREWORKS*
Sections:
10.24.010 Defined.
10.24.020 Prohibitions.
10.24.030 Exceptions.
10.24.080 Violation-Penalty.
* Prior ordinance history: Ords. 1024, 1111 and 1271.
10.24.010 Defined.
For the purpose of this chapter, the words and
phrases, "fireworks," "dangerous fireworks" and
"safe and sane fireworks," shall have the respective
meanings ascribed to them in Sections 12511, 12505
and 12529 of the Health and Safety Code of the
State of California. (Ord. 1272 (part), 1984)
10.24.020 Prohibitions.
It is unlawful for any person, firm, corporation or
organization to sell or use fireworks, dangerous
fireworks, and/or safe and sane fireworks within the
City. (Ord. 1272 (part), 1984)
10.24.030 Exceptions.
Nothing in this chapter shall be construed as
prohibiting the use of torpedoes, flares, or fuses by
railroads or other transportation agencies for signal
purposes of illumination; or the sale, use or dis-
charge of emergency signaling device, as defined in
Section 12506 of the Health and Safety Code of the
State of Califomia, by any person in an emergency
situation; or the use of blank cartridges for ceremo-
nial purposes, athletic, or sports events or military
ceremonials or demonstrations; or the use and dis-
play of fireworks of whatever nature by any person
engaged in the production of motion pictures, theat-
ricals, or operas when such use and display is a
necessary part of such production; or the transporta-
tion of fireworks through the City in regular course,
and in original packages or containers from any
point outside of the City or to any other point out-
side of the City. (Ord. 1272 (part), 1984)
10.24.080 Violation-Penalty.
Any person, firm, corporation or organization
violating any of the provisions of this chapter shall
be guilty of an infraction and upon conviction there-
of shall be punished as provided in Chapter 1.12.
(Ord. 1272 (part), 1984)
Z51 (Cupertino 12-96)
10.25.010
Chapter 10.25
REGULATION OF SMOKING IN CERTAIN
PUBLIC PLACES*
Sections:
10.25.010 Legislative findings.
10.25.020 Compliance required.
10.25.030 Definitions.
10.25.040 General prohibition.
10.25.050 Exceptions.
10.25.060 Retaliation prohibited.
10.25.070 Posting of signs and notices.
10.25.080 Enforcement.
10.25.090 Penalties.
10.25.110 Property owners authorized to
be more restrictive.
* Prior ordinance history: Ords. 861 and 1294.
10.25.010 Legislative findings.
The City Council of the City of Cupertino finds
and declares that:
A. There is substantial evidence that smoking is
a major cause of disease among smokers.
B. Secondhand smoke presents a public health
risk among nonsmokers as well.
C. Smoke from pipes, cigars and cigarettes is a
highly offensive and severe nuisance to nonsmoking
individuals.
D. Substantial medical evidence indicates that
secondhand smoke is a Class-A carcinogen and that
inhalation of tobacco smoke can endanger the health
of nonsmokers.
E. The City has a substantial interest in protect-
ing the public health of its citizens and its visitors.
F. Smoking inside of structures creates a risk of
fire and danger to public safety.
G. Prevention of smoking in buildings which aze
public places with limited exceptions will advance
the goals of public health and safety. (Ord. 1647 §
1 (part), 1994)
10.25.020 Compliance required.
A. No person shall smoke where smoking is
prohibited by this chapter.
B. It is unlawful for any person who owns or
controls a building or structure to permit, suffer or
allow smoking in violation of this chapter.
C. Owners, operators, property managers and
officers of homeowner associations for residential
properties are deemed not to be in violation of the
requirements of subsection B of this section by
posting or causing to post notices in accordance
with the provision of this chapter and by notifying
violators that their actions are in violation of the
law. (Ord. 1647 § 1 (part), 1994)
10.25.030 Definitions.
The following words and phrases, whenever used
in this chapter, shall be construed as defined in this
section:
"Authorized smoking azea ventilation system"
means a ventilation system which:
1. Negatively charges the air going into a room;
2. Has a prefilter bank with a minimum of nine-
ty-five percent efficiency; and
3. Provides the following minimum number of
exchanges of air under the following circumstances:
a. For rooms with ceilings of ten feet or more
in height, the number of exchanges as required by
the Uniform Building Code,
b. For rooms less than ten feet in height, twice
the number of exchanges as required by the Uniform
Building Code.
"Bar and/or cocktail lounge" means an area
which is devoted to the serving of alcoholic bever-
ages for consumption by guests on the premises and
which the servicing of food is only incidental to the
consumption of such beverages, such as bars serving
food, but to which persons under twenty-one are not
allowed entry. Although a restaurant may contain a
bar or cocktail lounge, the term "bar or cocktail
lounge" shall not include the restaurant dining area.
"Bingo game" means a game conducted by an
operator licensed pursuant to the provision of Chap-
ter 5.32 of this code.
(Cupertino 12-96) 252.
10.25.030
"Employment" shall have the same meaning
as in California Labor Code Section 6303(b).
"Enclosed" means closed by a roof and four walls
with appropriate openings for ingress and egress.
"Physically separated" means the area is enclosed
by four walls and the doors of which are kept en-
closed except for ingress and egress.
"Sepazate ventilation system" means a ventilation
system which does not allow the circulation of air
from a smoking area into asmoke-free area.
"Smoke" or "smoking" means and includes the
combustion of any weed plant or other combustible
material, a lighted pipe, lighted cigaz or lighted
cigarette of any kind or the lighting of such material
in a pipe, cigar or cigarette of any kind, or any
similaz article in any manner or any form.
"Smoke-free area" means any location in which
smoking is prohibited by this chapter.
"Stand alone bar" means a baz or cocktail lounge
which serves alcoholic beverages pursuant to a type
42, type 48 or type 61 license issued by the Califor-
nia Alcoholic Beverage Control Department, or any
other type of license issued by the Alcoholic Bever-
age Control Department, the terms of which prohibit
minors from entering on the premises, and which is
physically separated from other uses in the same
building.
"Standazd for authorized smoking azea" means an
azea inside of a building which meets one of the
following criteria:
1. Physically separated from asmoke-free area
and has a separate ventilation system; or
2. Located in a sepazate area from asmoke-free
area and which has an authorized smoking area
ventilation system. (Ord. 1647 § 1 (part), 1994)
10.25.040 General prohibition.
Smoking is prohibited in the following areas
located within the City except as provided in Sec-
tion 10.25.050:
A. Buildings and Structures. All enclosed azeas
of buildings which are open to the public or which
are places of employment including, but not limited
to, office work places, waiting rooms, restaurants,
banks, educational facilities, transportation facilities,
retail stores, retail services establishments, elevators,
theaters, health facilities, public restrooms and the
like.
B. Public and Common Areas of Multifamily
Residential Areas. All enclosed areas of apartments
and condominiums which aze open to the public
access or to unrestricted common access by the
residences of such areas.
C. Motor Vehicle Use in Employment. In motor
vehicles which meet one of the following criteria:
1. Common carriers for public transit;
2. Vehicles for hire except for vehicles which
contain a physical barrier or screen between passen-
gers and the driver;
3. Vehicles which are operated in the course of
employment for the use of more than one person at
a time during the time of employment.
D. Hotel and Motel Guest Rooms. The enclosed
areas of at least fifty percent of the guest rooms
located in a hotel or motel. To the greatest extent
feasible, the smoke-free rooms shall be grouped
together and sepazated from rooms where smoking
is permitted.
E. Stadium and Sports Facilities. The seating
and eating azeas of any outdoor stadium or sports
facility. Smoking may be permitted only in specified
designated areas which are not located in close
proximity to seating or eating azeas. (Ord. 1647 §
1 (part), 1994)
10.25.050 Exceptions.
Smoking is permitted in the following locations:
A. Stand alone bars;
B. Bars and cocktail lounges connected to other
uses where the bar or cocktail lounge meets the
standazd for authorized smoking area;
C. Private residences, except where State or
Federal law prohibit smoking;
D. Retail tobacco stores which sell primarily
tobacco products;
E. Meeting and banquet rooms which meet the
standard for authorized smoking area in restaurants,
hotels, motels and other places of assembly which
are being used for private functions, such as bingo
253 ccu~w~o 12-96)
10.25.050
games, when the person who reserves the place has
requested to have smoking allowed;
F. Outdoor areas of restaurants;
G. On a stage in a theater during a theatrical
performance where a performer is smoking when
smoking is part of the performance;
H. Any property owned or used by any other
governmental agency which is used for governmen-
tal purposes. (Ord. 1647 § 1 (part), 1994)
10.25.060 Retaliation prohibited.
It is unlawful for any person to take any retaliato-
ry action against any person who has asserted a
right to a smoke-free environment under the provi-
sions of this chapter. (Ord. 1647 § 1 (part), 1994)
10.25.070 Posting of signs and notices.
A. "No smoking" signs, with letters of not less
than one inch in height, or the international "no
smoking" symbol (consisting of a pictorial represen-
tation of a burning cigarette enclosed in a red circle
with a red bar across it) shall be clearly, sufficiently
and conspicuously posted in every building or other
place where smoking is prohibited by the provisions
of this chapter by the owner, operator, manager or
other person having control of such building or
other place.
B. In any building where smoking is partially
permitted, "no smoking signs" shall be placed in the
lobby or in a conspicuous place near each entrance
to the building stating that smoking is prohibited in
the building except in the areas designated as smok-
ing areas.
C. Movie theaters shall indicate on the movie
screen prior to each feature motion picture that
smoking is prohibited. (Ord. 1647 § 1 (part), 1994)
10.25.080 Enforcement.
Enforcement of this chapter shall be implemented
by the City Manager or his/her designees. Any
citizen who wishes to register a complaint under this
chapter may initiate enforcement with the City Man-
ager or his/her designees. Any owner, operator or
employee of any establishment regulated by this
chapter shall have the right to inform persons violat-
ing this chapter of the appropriate provisions there-
of. (Ord. 1647 § 1 (part), 1994)
10.25.090 Penalties.
Any person who violates any provision of this
chapter shall be guilty of an infraction punishable
as provided in Chapter 1.12 of this Ordinance Code.
(Ord. 1647 § 1 (part), 1994)
10.25.110 Property owners authorized to be
more restrictive.
Nothing contained in this chapter shall be con-
structed to prevent or prohibit a property owner
from establishing or enforcing any regulation con-
cerning smoking on their property that exceeds the
regulations as set forth in this chapter. (Ord. 1661
§ 1, 1994)
~c~~w~o 12-96) 254
10.26.010
Chapter 10.26
REGULATION OF POLICE ALARM
SYSTEMS AND DEVICES
Sections:
10.26.010 Purpose.
10.26.020 Definitions.
10.26.040 Outside audible alarm
requirements.
10.26.050 Automatic telephone
connections to communications
center prohibited.
10.26.060 Exemptions.
10.26.070 Investigation of false alarms.
10.26.080 Notice to owner or operator.
10.26.090 False alarm service charge.
10.26.100 Assessment of service charge.
10.26.110 Payment and hearing.
10.26.120 Hearing procedure.
10.26.130 Failure to request hearing.
10.26.140 Collection of charges.
10.26.150 Reimbursement for wilful
conduct.
10.26.170 Violation-Penalty.
10.26.010 Purpose.
The purpose of this chapter is to set forth regula-
tions governing police alarm systems and devices
used within the City, and to establish service charg-
es to be assessed in the event of repeated false
alarms. The cost to the City and the risk to police
personnel incurred by providing proper police re-
sponse to all such alarms is found to be a significant
burden which must be remedied by appropriate
measures. (Ord. 953 (part), 1979)
10.26.020 Definitions.
For the purpose of this chapter, certain words and
phrases shall be construed herein as set forth in this
section, unless it is apparent from the context that
a different meaning is intended.
A. "City" means City of Cupertino.
B. "False alarm" means a police alarm system
activated through unexcused inadvertence, negli-
gence, or malfunction of any segment of the alarm
system, to which personnel of the police service
serving the City must respond, in circumstances
where no police emergency as herein defined exists.
C. "Notice" means written notice, given by per-
sonal service to the addressee, or given by the Unit-
ed States mail, postage prepaid, addressed to the
person to be notified at his last known address.
Service of such notice shall be effective upon the
completion of personal service, or upon the placing
of said notice into the custody of the United States
Postal Service.
D. "Owner" means the person actually responsi-
ble for the operation and maintenance of the police
alarm system.
E. "Person" means natural person, firm, partner-
ship, association, or corporation.
F. "Police alarm system" means any mechanical
or electrical device which is designated or used for
the detection or warning of unauthorized entry into
a building, structure, or facility, or for alerting oth-
ers of the commission of an unlawful act within a
building, structure, or facility, or both, and which
emits a sound or transmits a signal or message when
actuated. Alarm systems include but are not limited
to direct-dial telephone devices, audible alarms, and
proprietor alarms. Devices which are not designated
or used to register alarms perceptible from outside
of the protected building, structure, or facility are
excluded from this definition, as are auxiliary devic-
es installed to protect the telephone system from
damage or disruption by the use of an alarm system.
G. "Police emergency" means the unauthorized
violent breaking, and/or entering, damaging or bur-
glary of a building, structure, vehicle, or other facili-
ty, or the commission of a violent act likely to
produce immediate bodily harm, or an attempt or
serious threat of any of the acts described herein.
H. "Premises" shall be those buildings, struc-
tures, vehicles or other facilities to be protected by
a police alarm system and shall not include smaller
or discrete subdivisions within such buildings, struc-
tures or facilities.
255 (Cupertino 12-96)
10.26.020
I. "Responsible occupant" includes but is not
limited to lessees, tenants, or other agents of the
legal owner of the premises wherein the alarm sys-
tem is installed; provided, that such agents had
actual control of and responsibility for the operation
of the premises at the time of any false alarm. (Ord.
953 (part), 1979)
10.26.040 Outside audible alarm
requirements.
Every person maintaining an outside audible
alarm shall post a notice containing the names and
telephone numbers of the persons to be notified in
order to render repairs and service or secure the
premises during any hour of the day or night in the
event that the alarm is actuated. Such notice shall
be posted near the alarm in such a position as to be
legible from the ground level adjacent to the build-
ing where the alarm is located. The wording "police
alarm all Santa Clara County Sheriff's Depart-
ment" shall be placed on the gong covers immedi-
ately below such alarm device. It is unlawful to
install or use a police alarm system which upon
activation emits a sound similar to sirens in use on
public emergency vehicles or for public disaster
warning purposes. All local exterior bells, gongs,
noisemaking devices or pulsating lights shall have
a timing device that will silence or turn off such
devices or lights within ten minutes following initial
activation. (Ord. 953 (part), 1979)
10.26.050 Automatic telephone connections
to communications center
prohibited.
It is unlawful for any person to use, cause to be
used, or engage in the business of providing, any
telephone device or attachment which automatically
selects a public primary telephone trunk line of the
Santa Clara County communications center, and
then emits a prerecorded message for the purpose of
reporting any police emergency, fire, or other emer-
gency. (Ord. 953 (part), 1979)
10.26.060 Exemptions.
The provisions of this chapter, with the exception
of Section 10.26.050, shall not apply to alarm sys-
tems affixed to motor vehicles. There shall be a
thirty-day exemption for new alarm system installa-
tions. Those false alarms evidenced to be caused by
acts of God shall be exempt. Alarm systems in-
stalled in public schools shall be exempt. (Ord. 953
(part), 1979)
10.26.070 Investigation of false alarms.
One of the law enforcement officers responding
to each emergency alarm as defined herein shall
attempt to ascertain by investigation whether said
alarm was activated with reasonable cause therefor
or was a false alarm within the meaning of subsec-
tion B of Section 10.26.020 above. In the event that
his investigation indicates to the investigating officer
that the alarm was a false alarm, said officer shall
forward a report of this investigation to the Code
Enforcement Officer of the City or such other per-
son as may be designated by the City Manager,
stating his conclusions and the factual basis for such
conclusions. (Ord. 953 (part), 1979)
10.26.080 Notice to owner or operator.
Upon receipt of the report described in Section
10.26.070 above, the Code Enforcement Officer or
other authorized person may cause a written notice
to be served by mail or personally upon the respon-
sible occupant of the premises on which the alarm
was located. Said notice shall indicate that a false
alarm was made from said premises, and that steps
should be taken by the owners to prevent future
false alarms. Said notice also shall state that in the
event of a second false alarm occurring on the pre-
mises in the same calendar year as the first, a ser-
vice charge shall be assessed against the owner for
every such subsequent false alarm occurring within
that calendar year.
In the event that the owner of the alarm system
is not also the responsible occupant of the premises
wherein such alarm system is installed, then the
responsible occupant shall, upon receipt of notice
immediately:
(Cupertino 12-96) 2,56
10.26.080
A. Inform the owner of the alarm system and.
cause the notice to be delivered to the owner; and
B. Notify the Code Enforcement Officer of the
identity of the owner of the alarm and that the no-
tice has been delivered to the owner.
In the event of failure of the responsible occu-
pant, when not the owner, to comply with the above
notification procedure, then the responsible occupant
shall beaz the responsibility of the owner of the
alarm as provided in this chapter. (Ord. 1207 § 3
(part), 1982: Ord. 953 (part), 1979)
10.26.110 Payment and hearing.
On or before thirty days following issuance of the
notice of assessment described in Section 10.26.100,
the recipient of such notice shall cause to be remit-
ted to the office of the City Finance Officer the full
amount of such service charge. The service charge
shall be considered delinquent fifteen days after the
date to request a hearing before the City Manager
or City Council, as the case may be, has expired.
(Ord. 1731 (part), 1996; Ord. 1526 (part), 1990:
Ord. 953 (part), 1979)
10.26.090 False alarm service charge.
There is imposed a service chazge upon every
owner who reports, causes to be or permits to be
reported a false alarm as defined in this chapter.
Said service charge shall be according to a schedule
adopted by the City Finance Officer to reflect the
total cost of administering the police response and
collection costs for a false alarm. Said charges shall
beaz interest at the legal rate from the date thirty
days following the giving of notice, as provided in
Section 10.26.080. (Ord. 1731 (part), 1996; Ord.
1526 (part), 1990: Ord. 1207 § 3 (part), 1982: Ord.
953 (part), 1979)
10.26.100 Assessment of service charge.
The City Finance Officer is empowered and
authorized to designate such person or persons who
shall enforce the provisions of this chapter. Upon re-
ceipt by said enforcement officer of a report of a
false alarm originating from premises to which was
sent a notice as described in Section 10.26.080, he
shall cause to be served a notice of assessment of
the above-described service charge, which notice
shall describe the date and time of the alleged false
alarm, and whether police personnel responded
thereto. Said notice shall also request payment of
the assessment charge within thirty days from the
date of the notice and shall indicate the existence
and terms of the hearing provisions contained in this
chapter. (Ord. 1731 (part), 1996; Ord. 1526 (part),
1990: Ord. 953 (part), 1979)
10.26.120 Hearing procedure.
A. Hearing Before the City Finance Officer. Any
person dissatisfied with the assessment may file a
written request with the City Finance Officer, within
ten days from the date of the notice, for a hearing
regarding the investigation and determination of the
assessment. Upon receipt of a request for a hearing,
a hearing shall be scheduled before the City Finance
Officer or his or her designee within fifteen days
from receipt of the request. The City Finance Offi-
cer shall cause notice of the hearing date, place and
time to be mailed to the person requesting the heaz-
ing. At the hearing, evidence shall be heard infor-
mally and written findings of fact shall be made by
the City Finance Officer or his or her designee. The
City Finance Officer shall then notify the person
who requested the hearing of the written findings
together with a recommendation that the assessment
charge be set aside or confirmed in whole or in part.
In the event that it is recommended that the assess-
ment charge be confirmed in whole or part, the
notice shall request payment within fifteen days of
the date of the notice and shall indicate the exis-
tence of a procedure for appealing the City Finance
Officer's recommendation to the City Council.
B. Hearing Before the City Council. Any person
dissatisfied at the City Finance Officer's recommen-
dation to set aside or confirm the assessment may,
within fifteen days from the date of notification of
the City Finance Officer's recommendation, file
with the City Clerk a written request for a hearing
before the City Council. A public hearing shall be
scheduled within thirty days of the date of the filing
257 cc~~~;~o ~2-~~
10.26.120
of the request for a City Council hearing. Notice of
the time and place of the hearing shall be given not
less than ten days prior to the hearing to the party
requesting the hearing. The City Council shall hold
a hearing and upon consideration of the City Fi-
nance Officer's findings, recommendation and such
other evidence as it deems relevant, set aside or
confirm the assessment in whole or in part. (Ord.
1731 (part), 1996: Ord. 1526 (part), 1990: Ord. 953
(part), 1979)
10.26.130 Failure to request hearing.
In the event that any person to whom a notice as
described in Section 10.26.100 was mailed fails to
either to remit the full amount of the assessment or
to request a hearing on such matter within the time
allowed, the City Finance Officer shall make such
findings and recommendations as is warranted by
the evidence. (Ord. 1731 (part), 1996: Ord. 1526
(part), 1990: Ord. 953 (part), 1979)
10.26.140 Collection of charges.
In the event of the failure of any person to pay
the charges assessed pursuant to the provisions of
this chapter, the City may institute an action in any
court of competent jurisdiction to collect said charg-
es together with interest and all administrative costs
of collection. (Ord. 1207 § 3 (part), 1982: Ord. 953
(part), 1979)
10.26.150 Reimbursement for wilful
conduct.
In the event that any owner or other person is
convicted of intentionally reporting a false emergen-
cy alarm, as prescribed by Penal Code § 148.4, the
enforcement officer designated by the City Finance
Officer is authorized to forward to the office of the
District Attorney, Probation Departments, or Court
having jurisdiction, a record of proceedings conduct-
ed pursuant to this chapter, including a statement of
any delinquent service charges assessed, for the
purpose of obtaining restitution of said amounts to
City as an element of any criminal penalty thereby
imposed. (Ord. 1731 (part), 1996: Ord. 953 (part),
1979)
10.26.170 Violation-Penalty.
Violation of any of the provisions of this chapter
is deemed an infraction punishable as provided in
Chapter 1.12. (Ord. 953 (part), 1979)
(Cupertino 12-96) 258
10.30.010
Chapter 10.30
ELIMINATION OF BODILY WASTE IN
PUBLIC PLACES
Sections:
10.30.010 Defmition-Human waste
material, bodily waste.
10.30.020 Acts prohibited.
10.30.030 Violations-Penalty.
10.30.010 Definition-Human waste
material, bodily waste.
For the purposes of this chapter, "human waste
material" and "bodily waste" material shall be de-
fined as human urine or human fecal matter dis-
chazged from the body. (Ord. 1532 (pazt), 1990)
10.30.020 Acts prohibited.
No person shall deposit, by means of urination or
defecation, any human waste material in any public
place (other than in a public toilet or restroom de-
signed to receive waste material), in any place ex-
posed to public view, or upon the surface of the
ground or upon any premises, lot or public street.
(Ord. 1532 (part), 1990)
10.30.030 Violations-Penalty.
Any person who violates the provisions of this
chapter shall be guilty of a misdemeanor and upon
conviction shall be punished in Chapter 1.12. (Ord.
1533, 1990: Ord. 1532 (part), 1990)
259
(Cupertino 12-96)
10.44.010
Chapter 10.44
PARADES AND ATHLETIC EVENTS
Sections:
10.44.010 Purpose.
10.44.020 Definitions.
10.44.030 Administration by Director of
Community Development.
10.44.040 Permit required.
10.44.050 Permit application contents.
10.44.055 Indemnification agreement.
10.44.056 Liability insurance.
10.44.060 Permit application filing
period.
10.44.070 Permit application fee.
10.44.075 Reimbursement of costs.
10.44.080 Action on permit application.
10.44.090 Permit-Grounds for denial.
10.44.100 Permit-Issuance or denial
notice.
10.44.110 Permit-Contents.
10.44.120 Cordoning off the route or site
of an event.
10.44.130 Public conduct during an
authorized event.
10.44.140 Appeal.
10.44.150 Revocation of permit.
10.44.160 Emergency suspension of
authorized event.
10.44.180 Violation-Misdemeanor.
10.44.010 Purpose.
This chapter is adopted for the purpose of regu-
lating parades and athletic events occumng on or
within a City street, parking facility, sidewalk or
other public right-of-way which obstruct, delay or
otherwise interfere with the normal flow of vehicu-
lar or pedestrian traffic, or which do not comply
with applicable traffic laws or controls. (Ord. 1628
§ 1 (part), 1993)
10.44.020 Definitions.
Unless the contrary is stated or clearly appears
from the context, the following definitions shall
govern the meaning of the words and phrases used
in this chapter:
A. "Aggrieved person" means any person who is
adversely affected by a determination made by a
City officer or employee pursuant to the provisions
of this chapter in a manner significantly greater than
the public generally, including but not limited to any
applicant whose request for a permit under this
chapter is denied.
B. "Athletic event" means any event in which a
group of persons collectively engage in a sport or
form of physical exercise on or within a City street,
parking facility, sidewalk or other public right-of-
way which obstructs, impairs or interferes with the
public's free use of such street, parking facility,
sidewalk or other public property, including but not
limited to jogging, running, walking, bicycling,
rollerblading and rollerskating, but excluding partici-
pation in a parade.
C. "City" means the City of Cupertino.
D. "City Manager" means the City Manager of
Cupertino or his/her designee.
E. "Event" means any parade or athletic event.
F. "Free speech rights" means expressive activity
protected by the First Amendment of the United
States Constitution or the California Constitution,
Article 1, Section 2, provided that such activity is
the principal purpose of the event.
G. "Person" means any person, firm, partnership,
association, corporation, company or organization of
any kind.
H. "Parade" means any organized march, celebra-
tion, demonstration or procession of animals, vehi-
cles or persons on or within a City street, parking
facility, sidewalk or other public right-of--way which
obstructs, impairs or interferes with the public's free
use of such street, parking facility, sidewalk or other
public property, but excluding participation in an
athletic event. (Ord. 1640 § 1, 1993; Ord. 1628 § 1
(part), 1993)
10.44.030 Administration by Director of
Community Development.
There is conferred upon the Director of Commu-
(Cupertino 12-96) 260
10.44.030
nity Development those powers and duties necessary
for the administration of this chapter including but
not limited to acting on all applications for a permit
required by this chapter, authority to revoke a per-
mit issued pursuant to this chapter in the manner
provided for herein, and the authority to designate
City officers and employees as may be required to
carry out the purpose of this chapter. (Ord. 1731
(part), 1996; Ord. 1628 § 1 (part), 1993)
10.44.040 Permit required.
A. It shall be unlawful for any person to engage
in, participate in, aid, form, conduct, sponsor or start
any parade or athletic event, unless and until a
permit for such event has been approved and issued
by the Director of Community Development.
B. Exceptions. This chapter shall not apply to:
1. Funeral processions;
2. Students going to and from school classes or
participating in educational activities, provided such
conduct is under the immediate supervision and
direction of the proper school authorities;
3. A governmental agency, and its employees,
acting within the scope of its functions. (Ord. 1731
(part), 1996; Ord. 1628 § 1 (part), 1993)
10.44.050 Permit application contents.
A. Applications for a permit authorizing an event
shall be filed with the Director of Community De-
velopment on forms provided by the City and shall
contain all of the following information:
1. The name, address and daytime and evening
telephone numbers of the person filing the applica-
tion;
2. If the event is to be conducted by an organi-
zation, the name, mailing address and telephone
number of the organization, the name, mailing ad-
dress and telephone number of the president, leader
or other head of the organization and written docu-
mentation of the authority under which the applicant
is applying for the permit on behalf of the organiza-
tion;
3. The name, mailing address, and telephone
number of the person who will be present and in
charge of the event on the day of the event;
4. The name, mailing address and daytime and
evening telephone numbers of an alternate person to
contact if an emergency azises and the applicant is
unavailable;
5. The proposed date and estimated starting and
ending time of the event;
6. The proposed location of the event, including
its boundazies;
7. The estimated number of participants in the
event;
8. The type and estimated number of vehicles,
animals and structures that will be used in the event;
9. A description of any sound amplification
equipment to be employed at the event;
10. The number, size and material of construction
of any signs or banners to be used in the event;
11. The parking requirements for the event;
12. The location of any water, first aid, or com-
fort stations to be provided at the event; and
13. A statement as to whether a permit has been
requested or obtained from any other City within
which the event shall commence, terminate or occur
in part.
B. Additional information required for pazades:
1. The location by streets of any proposed as-
sembly points for the parade and the time at which
units of the pazade will begin to assemble at any
such assembly areas;
2. The proposed pazade route;
3. The interval space to be maintained between
units of the parade; and
4. The number, type and size of floats or other
vehicles. (Ord. 1731 (part), 1996; Ord. 1628 § 1
(part), 1993)
10.44.055 Indemnification agreement.
A. Indemnification Requirements. As a condition
precedent to the issuance of a permit authorizing an
event, the permittee shall enter into an agreement
with the City in a form approved by the City Attor-
ney which shall set forth the undertaking of the per-
mittee to indemnify the City, hold the City harmless
and reimburse the City from and for any liability,
damage or loss occurring during the course of the
event authorized by such permit where such liability
261 (Cupertino 12-96)
10.44.055
damage or loss is proximately caused by the negli-
gent or intentional act or omission of the permittee,
or any person who is under the permittee's legal
control. Additionally, the agreement shall provide
that in the event a claim is made against the City,
arising out of such negligent or intentional act or
admission, the permittee shall defend the city and
shall indemnify the City for any judgment rendered
against it or any sums paid out in settlement or
otherwise. Such agreement shall be filed with the
Director of Community Development prior to the
issuance of the permit.
B. Exception. Any event involving the exercise
of free speech rights shall be exempt from the in-
demnification requirements set forth in this section.
(Ord. 1731 (part), 1996; Ord. 1628 § 1 (part), 1993)
10.44.056 Liability insurance.
A. Insurance Requirements. As a condition pre-
cedent to the issuance of a permit authorizing an
event, the permittee shall obtain public liability
insurance from an insurance company licensed to do
business in the State of California and having a
financial rating in Best's Insurance Guide of at least
"B." Such insurance shall provide "occurrence"
coverage against liabilities for death, personal injury
or property damage arising out of or in any way
connected with the event. Such insurance shall be
in the amount of at least one million dollars, com-
bined single limit, and shall name the City and the
City's officers, employees and agents as additional
insured under the coverage afforded. Also, such
insurance shall be primary and noncontributing with
respect to any other insurance available to the City
and shall include a severability of interest (cross-
liability) clause. Proof of such insurance, in a form
approved by the Director of Community Develop-
ment, shall be filed with him or her prior to the
issuance of the permit and such insurance shall be
maintained throughout the course of the event au-
thorized by the permit.
B. Exception. Any event involving the exercise
of free speech rights shall be exempt from the insur-
ance requirements set forth in this section. (Ord.
1731 (part), 1996; Ord. 1628 § 1 (part), 1993)
10.44.060 Permit application filing period.
A. An application for a permit shall be filed with
the Director of Community Development at least
fifteen working days prior to the date of the pro-
posed event.
B. Late Applications. The Director of Communi-
ty Development, where good cause is shown, shall
allow the filing of an application less than fifteen
working days prior to the date of the proposed
event. "Good cause" exists where the applicant sets
forth facts showing circumstances sufficient to justi-
fy the delay based on a reasonably prudent person
standazd. Lack of knowledge of the filing period
does not constitute good cause. (Ord. 1731 (part),
1996; Ord. 1628 § 1 (part), 1993)
10.44.070 Permit application fee.
Unless waived by the .City Council, every appli-
cation for a permit authorizing an event shall be
accompanied by an application fee in the amount of
sixty dollazs; provided that no fee shall be charged
where the event involves an exercise of free speech
rights. (Ord. 1628 § 1 (part), 1993)
10.44.075 Reimbursement of costs.
A. As a condition precedent to the issuance of
a permit authorizing an event, the permittee shall
make a deposit in an amount designated by the
Director of Community Development with the City
for the reimbursement of the reasonable costs in-
curred by the City for traffic control and other func-
tions related to the event. If the City's actual ex-
penses should later prove to be more than the
amount deposited, the difference shall be paid to the
City by the permittee. If the City's actual expenses
should later prove to be less than the amount depos-
ited, the excess of the deposit shall be refunded to
the permittee.
B. Exception. Any event involving the exercise
of free speech rights shall be exempt from paying
a deposit and reimbursing the City's costs as set
forth in this section. (Ord. 1731 (part), 1996; Ord.
1628 § 1 (part), 1993)
cc~~w~o ~2-~~ 262
10.44.080
10.44.080 Action on permit application.
The Director of Community Development shall
approve or deny an application permit within two
working days after receipt of the application. If the
Director finds that grounds for denying the permit
pursuant to Section 10.44.090 do not exist, he or she
shall approve the application. (Ord. 1731 (part),
1996: Ord. 1628 § 1 (part), 1993)
10.44.090 Permit-Grounds for denial.
The Director of Community Development shall
deny the application for a permit if he or she finds
any one of the following:
A. The person applying for the permit has failed
to complete the application, including the failure to
submit the application fee where required pursuant
to Section 10.44.070;
B. The information contained in the application
is found to be false in any material respect;
C. An application for another event to be held
on the same date as that requested by the applicant
has been previously filed or approved, and such
other event is so close in time and location to the
event proposed by the applicant as to cause undue
traffic congestion or to place the City in a position
of being unable to meet the need for police services
for both events;
D. The time, route or size of the event will sub-
stantially interrupt the safe and orderly movement
of traffic contiguous to the site or route of the event
or disrupt the use of a street at its peak traffic time;
E. The concentration of persons, animals or
vehicles at the site of the event or at the site of an
assembly or disbanding azea around the event will
prevent proper police, fire or ambulance services
from reaching areas contiguous to the event;
F. The size of the event will require the diver-
sion of so many police officers to ensure that partic-
ipants stay within the boundaries or route of the
event and to protect participants in the event that
police protection to the rest of the City will be
seriously jeopazdized;
G. The event consists of a parade that will not
move from its point of origin to its point of termina-
tion expeditiously and without unreasonable delays;
H. The location of the event will substantially
interfere with construction or maintenance work
previously scheduled to take place on or along the
City street, parking facility, sidewalk or other public
right-of--way to be occupied by the event;
I. The event will occur at a time when a school
is in session and along a route or at a location adja-
cent to the school or a class thereof, and the noise
created by the event will substantially disrupt the
educational activity of such school or class;
J. The material on pazade floats is not noncom-
bustible or flame retardant, or motorized parade
floats and towing apparatus aze not provided with
a minimum 2-A, 10-B:C rated portable fire extin-
guisher readily accessible to the operator, as provid-
ed in Uniform Fire Code Section 11.304;
K. The application is not timely submitted and
there is insufficient time to investigate and process
the application pursuant to the time lines of this
chapter. (Ord. 1731 (part), 1996; Ord. 1628 § 1
(part), 1993)
10.44.100 Permit-Issuance or denial notice.
After the Director of Community Development
has determined whether an application for a permit
should be approved or denied, he or she shall imme-
diately attempt to notify the applicant orally and
shall immediately notify the applicant and the City
Attorney in writing of the decision. Both the oral
and the written notifications shall describe, with
particularity the facts and reasons for any denial. If
the application is approved, the Director shall imme-
diately send a copy of the permit to the following:
A. Applicant;
B. Sheriff of Santa Claza County;
C. Director of Public Works;
D. Other public officials responsible for func-
tions deemed likely to be affected by the event; and
E. Any public transportation or other utility, the
regulaz routes of whose vehicles will be affected by
the route of the proposed event. (Ord. 1731 (part),
1996; Ord. 1628 § 1 (part), 1993)
10.44.110 Permit-Contents.
Each permit shall state the following:
263 (Cupertino ]2-96)
10.44.110
A. Starting time;
B. Maximum and minimum speed;
C. Maximum and minimum intervals of space
to be maintained between units of the event;
D. The portions of the streets to be traversed that
may be occupied by the event; and
E. Maximum length of the event in miles or
fractions thereof. (Ord. 1628 § 1 (part), 1993)
10.44.120 Cordoning off the route or site of
an event.
The Director of Public Works is authorized to
place barricades on or within the City's streets,
pazking facilities, sidewalks or other public rights-
of-ways and to undertake other action as may be
necessary to cordon off the route or site of an event
authorized by a permit. In addition the Director of
Public Works is authorized to post the route or site
of such event as a no-pazking zone for the duration
of the event, and may do so sufficiently in advance
of the event as may be necessary to prevent vehicles
from pazking along the route or at the site of the
event. (Ord. 1731 (part), 1996; Ord. 1628 § 1 (part),
1993)
10.44.130 Public conduct during an
authorized event.
A. No person shall physically obstruct, impede,
hamper or otherwise interfere with any event autho-
rized by a permit or with any person, animal or
vehicle participating in or used in the event.
B. No person shall drive a vehicle between vehi-
cles or persons traversing the routs of a parade or
athletic event authorized by a permit when such
vehicles or persons aze in motion.
C. No person shall park along or within any por-
tion of the route or site of an event authorized by a
permit, when the route or site has been posted as a
no-pazking zone by the City in the manner autho-
rized by this chapter. (Ord. 1628 § 1 (part), 1993)
10.44.140 Appeal.
Any aggrieved person may appeal the Director of
Community Development's decision to the City
Council by filing a notice of appeal with the City
Clerk within forty-eight hours of oral or written
notification of the Director's decision, whichever
occurs first. The notice of appeal shall be on a form
provided by the City Clerk and shall state the rea-
sons why the appellant believes that the decision
does not comply with the provisions of this chapter,
and shall set forth the relief requested. The appeal
shall be heazd and decided by the City Council at
its first regulaz or adjourned regulaz meeting on or
after the day following the filing of the notice of
appeal. The City Council's decision shall be final.
(Ord. 1731 (part), 1996; Ord. 1628 § 1 (part), 1993)
10.44.150 Revocation of permit.
A. Mandatory Revocation. The Director of Com-
munity Development shall revoke a permit authoriz-
ing anevent if he or she finds that there were
grounds for denying the permit, as set forth in Sec-
tion 10.44.090, which were first disclosed or other-
wise made known to the Director after issuance of
the permit and such facts were not discoverable by
the exercise of due diligence by the Director prior
to the issuance of the permit.
B. Discretionary Revocation. The Director of
Community Development may revoke a permit
authorizing an event if he or she determines that the
event is being conducted in violation of the terms
of the permit or that event participants have violated
any applicable law or regulation; provided that this
subsection shall not authorize the revocation of a
permit because of the need to protect participants
from the conduct of others unless there are insuffi-
cientresources available to provide necessary police
protection; and provided further that the Director
shall not revoke a permit pursuant to this subsection
unless and until he or she advises the penmittee or
responsible event participants of such violation and
provides a reasonable opportunity to correct such
violation.
C. Notice of Revocation. When the Director of
Community Development finds grounds to revoke
permit prior to the date of the event, he or she shall
immediately serve a written notice of such decision
on the permittee and shall provide copies of the
notice to the City Manager, the Mayor, the City
(Cupertino 12-96) 264
10.44.150
Attorney and all other City officers chazged 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 Attorney.
D. Hearing on Revocation. The permittee shall
have a right to a hearing before the City Council at
its first regulaz or adjourned regulaz 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
Attorney 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 cc~a~;~a ~z-~~
10.48.010
Chapter 10.48
COMMUNITY 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.
10.48.030 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.
10.48.010 Definitions.
For purposes of this chapter:
"Commercial area" 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, grad-
ing, assembly, erection, repair, substantial alteration,
or similar action, of public or private property,
rights-of--way, structures, utilities or similar property,
but excluding demolition.
"Daytime" means the period from seven a.m. to
eight p.m. on weekdays, and the period from eight
a.m. to eight p.m. on weekends and holidays.
"Decibel (dB)" means a unit for measuring rela-
tive sound pressure, logarithmically referenced to a
pressure of twenty micronewtons per square 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.
"Holiday" means the following days: New Year's
Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day.
"Industrial area" means industrially-zoned proper-
ty as defined 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
two or more families, each unit with similar and
common access to the outside.
"Nighttime" means periods of weekdays from
eight p.m. to twelve midnight, and from midnight
to seven a.m., and periods on weekends and holi-
daysfrom eight p.m. to midnight and from midnight
to eight a.m.
ccu~~;~o 12-96) 266
10.48.010
"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:
a. Endangers or injures the safety or health of
humans or animals; or
b. Annoys or disturbs a reasonable person of
normal sensitivities; or
c. Endangers or damages personal or real prop-
erty.
"Noise level" means the same as sound level.
"Nonresidential azea" 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 boundary" means an imaginary line
along the ground surface, and its vertical extension,
which sepazates 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 governmental entity.
"Public right-of--way" means any street, avenue,
boulevazd, highway, pazkway, alley or similaz place
which is owned or controlled by a governmental
entity.
"Residential area" 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 Standards Institute speci-
fications for sound level meters (ANSI 51.4 - 1971,
or the latest revision). The reading obtained in deci-
bels is designated dBA. If the meter response char-
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 51.4 - 1971, or latest revision, for
Type 1, Type 2 or Type 2A operation.
"Weekday" means any day, Monday through
Friday, which is not a holiday.
"Weekend" means Saturdays and Sundays which
aze not holidays.
"Vehiculaz deliveries or pickups" means the
delivery or pickup or the arrival for the delivery or
pickup of goods, wazes, 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 or self-propelled. (Ord. 1107,
1981; Ord. 1022 § 1 (part), 1980)
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. 1022 § 1 (part), 1980)
10.48.012 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.
1022 § 1 (part), 1980)
10.48.013 Multiple section application.
In the event that more than one section of this
267 (Cupecvno 12-96)
10.48.013
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. 1022 § 1
(part), 1980)
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. 1278 (part), 1984: Ord. 1022 § 1 (part),
1980)
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. (Ord. 1022 §
1 (part), 1980)
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. 1022 § 1 (part), 1980)
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. 1022 § 1 (part), 1980)
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. Contracts. Any written contract, agreement,
purchase order, or other instrument 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
(capertino ~z-~> 268
10.48.023
contain provisions requiring compliance with this
chapter. (Ord. 1022 § 1 (part), 1980)
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. 1022 § 1 (part), 1980)
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 hazdship 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 neazby 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 finds that a sufficient controversy
exists regazding 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 welfaze 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. 1022 § 1 (part),
1980)
10.48.032 Appeals.
Appeals of any decision of the NCO shall be
made to the City Council. (Ord. 1022 § 1 (part),
1980)
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-
cifically provided in another section of this chapter:
Land Use at Location Maximum Noise Level
of Complaint on Receiving Property
Nighttime Daytime
Residential 50 dBA 60 dBA
Nonresidential 55 dBA 65 dBA
(Ord. 1022 § 1 (part), 1980)
10.48.050 Brief daytime incidents.
A. During the daytime period only, brief noise
incidents exceeding limits in other sections of this
chapter aze 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:
269 (CupeRino 12-96)
10.48.050
Noise Increment Above Noise Duration in
Normal Standard 2-Hour Period
5 dBA ]5 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. 1022 § 1
(part), 1980)
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.
1022 § 1 (part), 1980)
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 instruments,
electronic amplification systems, and similaz sound-
producing activities, are 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 70 dBA on any residential property for a
period longer than three hours during daytime.
2. The event shall not produce noise levels
above 60 dBA on any residential property during
the period from eight p.m. to eleven p.m., and above
55 dBA for any other nighttime period.
3. Continuous or repeated peak noise levels
above 95 dBA shall not be produced at any location
where persons may be continuously exposed.
B. The conditions imposed upon the event or
activity in the permit issued by the City, regazding
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 nearby activities which would otherwise
be disturbed, and these permit conditions, when in
conflict with this section, aze overriding. (Ord. 1022
§ 1 (part), 1980)
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 87 dBA at a distance of twenty-five feet
(7.5 meters); or
2. The noise level on any neazby property does
not exceed 80 dBA.
B. It is a violation of this chapter to engage in
any grading, street construction, 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. Grading, construction, or demolition occur-
ring during nighttime periods shall not be allowed
unless they meet the nighttime standards of Section
10.48.040.
D. The use of helicopters as a part of a construc-
tion and/or demolition activity shall be restricted to
between the hours of eight thirty a.m. and six thirty
p.m. Monday through Saturday only.
Prior to using a helicopter, written or verbal
notice shall be given to the Department of Planning
and Development. The notice shall be given at least
twenty-four hours in advance of said usage. In cases
(Cupertino 12-96) 270
10.48.053
of emergency, the twenty-four hour period may be;
waived. (Ord. 1278 (part), 1984: Ord. 1022 § ]
(part), 1980)
10.48.054 Interior noise in multiple-family
dwellings.
Noise produced in any multiple-family dwellin€;
unit shall not produce a noise level exceeding 4~~
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. 1022 § 1 (part).
1980)
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.
1022 § 1 (part), 1980)
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 similar devices of a
type subject to registration, as defined 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. 1022 § 1 (part), 1980)
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 similar 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 98 dBA within twenty inches of
any component at an intermediate engine speed of
two thousand to four thousand revolutions per min-
ute in a stationary position; or
2. Exceeding 80 dBA under any condition of
acceleration, speed, grade, and load at a distance of
fifty feet. At greater or lesser measurement distanc-
es, the maximum noise level changes by 4 dB for
each doubling or halving of distance. The sound
level meter shall be set for FAST response for this
measurement. (Ord. 1022 § 1 (part), 1980)
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. 1022
§ 1 (part), 1980)
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. 1022 § 1 (part), 1980)
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
271 (Cupertino 12-96)
10.48.062
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 parcel of land zoned for residential
purposes, between the hours of eight p.m. and eight
a.m. weekdays (Monday through Friday mornings)
and eight p.m. and nine a.m. on weekends (Saturday
and Sunday mornings). (Ord. 1149, 1981: Ord.
1066, 1981: Ord. 1022 § 1 (part), 1980)
(Cupertino 12-96) 272
10.49.010
Chapter 10.49
CONSUMPTION OF OR POSSESSION OF
OPEN CONTAINER OF INTOXICATING
LIQUOR IN PUBLIC PLACES
Sections:
10.49.010 Unlawful.
10.49.020 Violation-Penalty.
10.49.010 Unlawful.
It is unlawful for any person to drink or possess
an open container of any intoxicating liquor upon
any public street, lane, alley, parkway, public park
or parking lot in the City, except as may be autho-
rized by resolution of the City Council. This section
shall not be construed to prohibit the transportation
of open containers of any intoxicating liquor from
one location to another in a legal manner as pre-
scribed by state law. (Ord. 1008 § 1 (part), 1980)
10.49.020 Violation-Penalty.
Any person who violates any of 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. 1008 § 1 (part), 1980)
273
~c~~~~o iz-~>
10.52.010
Chapter 10.52
DISTRIBUTION OF HANDBILLS AND
ADVERTISEMENTS
Sections:
10.52.010 Unlawful.
10.52.020 Distribution of newspapers.
10.52.030 Permit-Required.
10.52.040 Permit-Application-Denial-
Appeal.
10.52.050 Permit-Revocation.
10.52.060 License required.
10.52.070 Commercial advertising-
Distribution-Requirements.
10.52.080 Commercial advertising-
Distribution-Prohibited.
10.52.090 Violation-Penalty.
10.52.010 Unlawful.
It is unlawful, except as otherwise provided in
this chapter, for any person, firm or corporation to
place, distribute or throw, or cause to be placed,
distributed or thrown, upon any street, alley or pub-
lic place or upon any private yazd, lawn, driveway,
sidewalk, porch or steps of any residence, or upon
or in any part of any structure or in any receptacle
designed for receiving mail, or upon any vacant
property, or upon or in any automobile, within the
City, any advertising sample, handbill, dodger, cir-
cular, booklet or other notice of commercial adver-
tising; provided, that nothing in this section shall be
deemed to apply to, nor prohibit the distribution and
delivery of, any newspaper which is capable of
being, and is, entered as second class matter under
the provisions of the United States Post Office Reg-
ulations of March 3, 1879, and other United States
Statutes. (Ord. 1383, 1986: Ord. 1372 § 1, 1986:
Ord. 167 § 1, 1961)
10.52.020 Distribution of newspapers.
No common carrier shall deliver newspapers,
handbills, papers or posters in the City by leaving
the same at any stopping place or in any street
corner or elsewhere in the City unless such papers
are bound, tied or fastened together in such a way
or manner as will prevent the same from blowing
and becoming scattered over the streets, alleys,
pazks, lots and lawns of the City. (Ord. 167 § 2,
1961)
10.52.030 Permit-Required.
No person shall distribute in the City any com-
mercial advertising sample, handbill, dodger, circu-
lar, booklet or other notice of such advertisement
unless he shall file an application in writing therefor
with the City Manager, giving the name and address
of the applicant, a general description of the com-
mercial advertising samples, handbills, dodgers,
circulazs, booklets or other notices of such advertise-
ment proposed to be distributed, and shall agree to
distribute such material in accordance with the pro-
visions of this chapter. (Ord. 167 § 3, 1961)
10.52.040 Permit-Application-Denial-
Appeal.
Any person desiring to obtain a permit to dis-
tribute in the City any commercial advertising sam-
ple, handbill, dodger, circulaz, booklet or other
notice of such advertisement shall file an application
in writing therefor with the City Manager, giving
the name and address of the applicant, a general
description of the commercial advertising samples,
handbills, dodgers, circulars, booklets or other notic-
es of such advertisement proposed to be distributed,
and shall agree to distribute such material in accord-
ance with the provisions of this chapter.
Any person aggrieved by the refusal of the City
Manager to issue a permit may appeal to the council
by filing a written notice of appeal with the City
Clerk within five days after receiving actual notice
of such refusal or after the mailing of such notice,
whichever first occurs. After hearing the objections
of such persons and giving due consideration there-
to, the actions of the council shall be final and
conclusive. (Ord. 167 § 4, 1961)
10.52.050 Permit-Revocation.
The Council may at anytime revoke any permit
(Cupertino 12-96) 274
10.52.050
issued under the provisions of this chapter for fail-
ure to comply with the demand, request or notice of
the owner, occupant or person in charge of the
premises that no such commercial advertising matter
be distributed on such premises. (Ord. 167 § 5,
1961)
10.52.060 License required.
After obtaining any permit required by this chap-
ter, the permittee shall obtain the applicable license
required for commercial advertising.
A license shall not be issued until such permit
has been obtained. (Ord. 167 § 6, 1961)
10.52.070 Commercial advertising-
Distribution-Requirements.
Any person who has obtained a permit from the
City Manager to do so and has obtained the license
required by Section 10.52.060 may distribute com-
mercial advertising samples, handbills, dodgers,
circulars or other notices of such advertisement in
the City by placing the same on the porches or
driveways or residences in a receptacle or device
placed on such porch for that purpose, other than in
mailboxes, if any such receptacle or device is there;
or, if none is provided, and the handbill cannot
otherwise be secured such that it does not damage
the premises . or blow about the property, then it
must be handed to the owner or occupant of said
premises. (Ord. 1377 § 1, 1986: Ord. 167 § 7, 1961)
10.52.080 Commercial advertising-
Distribution-Prohibited.
If the owner, occupant or person in charge of any
residence, court, apartment, hotel or other premises
forbids the distribution of commercial advertising
samples, handbills, dodgers, circulars, booklets or
other notices of such advertisement on the premises
owned or occupied by him, or of which he is in
charge, either by so advising the holder of any
permit issued under the provisions of this chapter or
any of his agents or employees, or by posting and
maintaining a sign on said premises, reading "no
handbills," or words of similar import, it is unlawful
for the holder of such permit, his agents or employ-
ees, to disturb the owner, occupant or person in
charge of any residence, court apartment, hotel or
other premises. (Ord. 167 § 8, 1961)
10.52.090 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. 584
§ 1, 1973)
275 (Cupertino 12-96)
10.56.010
Chapter 10.56
TRESPASSING UPON PARKING LOTS,
SHOPPING CENTER PROPERTY AND
OTHER PROPERTY OPEN TO THE
PUBLIC
Sections:
10.56.010
10.56.020
10.56.030
10.56.040
10.56.050
10.56.070
Definition-"Shopping center."
Unlawful.
Exception.
Regulation and enforcement by
property owner.
Enforcement of other laws unaf-
fected.
Penalty.
10.56.010 Definition-"Shopping center"
"Shopping center" means a geographically inte-
grated group of commercial establishments planned,
developed and managed as a unit and capable of
furnishing customers' daily needs of goods and
services on a one-stop basis. (Ord. 880 (part), 1978)
10.56.020 Unlawful.
A. It is unlawful for any person, other than a
public officer or employee acting within the scope
of his or her employment, to enter or remain on any
shopping center property, or any other private prop-
erty open to the public within the City, after the
owner, lessee or other person in charge of the prop-
erty has, for good cause, demanded that such person
remove themselves from the property.
B. Good cause for removing someone from the
property is limited to the following instances:
1. Where the person participates in, or engages
in conduct which urges a riot, acts of force or vio-
lence, or the burning or destroying of property with-
in the meaning of Penal Code Sections 404 and
404.6;
2. Where the person participates in an unlawful
assembly as deemed in Penal Code Section 407;
3. Where the person engages in conduct which
constitutes a disturbance of the peace as deemed in
Penal Code Section 415;
4. Where the person intentionally interferes with
the lawful conduct of business on the premises by
obstructing or intimidating those attempting to carry
on business, or by obstructing or intimidating their
customers within the meaning of Penal Code Section
602.1;
5. Where the person engages in disorderly con-
duct within the meaning of Penal Code Section 647,
including loitering, accosting other persons for the
purpose of begging, and being under the influence
of any drug or liquor;
6. Where the person willfully and maliciously
obstructs the free flow of pedestrian movement
within the meaning of Penal Code Section 647c;
7. Where the person causes a noise disturbance
in violation of Chapter 10.48 of this Code; or
8. Where the person smokes in violation of
Chapter 10.25 of this Code or in violation of smok-
ing rules established by any shopping center within
the City. (Ord. 1666 § 2 (part), 1994: Ord. 880
(Part), 1978)
10.56.030 Exception.
The provisions of this chapter shall not apply
where the owner, lessee. or other person in charge
of a shopping center or other private property open
to the public prohibits or unreasonably interferes
with constitutionally protected free speech activities.
(Ord. 1666 § 2 (part), 1994: Ord. 880 (part), 1978)
10.56.040 Regulation and enforcement by
property owner.
Nothing in this chapter prohibits owners, lessees
or other persons in charge of a shopping center or
other private property open to the public from estab-
lishing and enforcing regulations, in compliance
with applicable law, which restrict free speech activ-
ities on their property. (Ord. 1666 § 2 (part), 1994:
Ord. 880 (part), 1978)
10.56.050 Enforcement of other laws
unaffected.
Nothing in this chapter affects the power of au-
thorized law enforcement officers to arrest and
prosecute violators of the California Penal Code,
(capertino t2-~~ 276
10.56.050
any other statute of the State of California or other
ordinances of the City. (Ord. 1666 § 2 (part), 1994:
Ord. 880 (part), 1978)
10.56.070 Penalty.
Any person violating any of the provisions of this
chapter shall be deemed guilty of an infraction, and
upon conviction thereof shall be punished as provid-
ed in Chapter 1.12. (Ord. 1666 § 2 (part), 1994:
Ord. 880 (part), 1978)
277
(Cupertino 12-96)
10.60.010
Chapter 10.60
REGULATION OF GRAFFITI
Sections:
10.60.010 Purpose.
10.60.020 Declaration that graffiti is
obnoxious and is a public
nuisance.
10.60.030 Definitions.
10.60.040 Graffiti prohibited.
10.60.050 Removal of graffiti.
10.60.060 Graffiti abatement procedure.
10.60.070 Stay of graffiti abatement
proceedings during criminal
prosecution of person
responsible for graffiti.
10.60.080 Remedies cumulative.
10.60.090 Criminal penalties.
10.60.010 Purpose.
The Council of the City finds that the regulation
of graffiti is necessary because graffiti is detrimental
to property values, degrades the quality of life in the
City, is inconsistent with the City's property mainte-
nance goals and aesthetic standards, is often related
to gang activity and may, therefore, lead to an in-
crease in crime, and, unless quickly removed, may
result in other properties becoming the target of
graffiti. (Ord. 1669 § 2 (part), 1994)
10.60.020 Declaration that graffiti is
obnoxious and is a public nuisance.
The Council of the City finds that graffiti is
obnoxious and is a public nuisance which may be
abated pursuant to the procedures set forth in this
chapter. (Ord. 1669 § 2 (part), 1994)
10.60.030 Definitions.
As used in this chapter:
A. "Graffiti" means any unauthorized inscription,
word, figure, or design which is marked, etched,
scratched, drawn or painted on any surface. [Gov-
ernment Code Section 53069.3].
B. "Structure" includes, but is not limited to,
buildings, walls, fences, signs, driveways, walkways,
sidewalks, curbs, lampposts, hydrants, trees, doors,
utility poles, drinking fountains and garbage recepta-
cles. (Ord. 1669 § 2 (part), 1994)
10.60.040 Graffiti prohibited.
It is unlawful for any person who owns or is
otherwise in control of any public or privately
owned permanent structures located on public or
privately owned real property within the City to
permit graffiti to be placed upon, or to remain upon,
the structure if the graffiti is visible from the street
or any other public or private property. (Ord. 1669
§ 2 (part), 1994)
10.60.050 Removal of graffiti.
A. Removal by City Subsequent to Consent. The
City may remove the graffiti from publicly owned
structures only after securing the consent of the
public entity having jurisdiction over the publicly
owned structure, or where the graffiti exists on a
privately owned structure, only after securing the
consent of the owner of the structure.
B. Removal by Property Owner. Property owners
shall remove all graffiti from their property no later
than ten days after they discover or should have
discovered the graffiti. Paint used to cover the graf-
fiti shall match the original surface color to the
extent feasible. Except as otherwise provided in this
chapter, failure of the property owner to remove the
graffiti within this time shall cause the property to
become subject to the City's abatement procedure,
as set forth in Section 10.60.060 of this chapter.
(Ord. 1669 § 2 (part), 1994)
10.60.060 Graffiti abatement procedure.
The procedure for the abatement of graffiti shall
be as follows:
A. Order to Remove Graffiti. Upon failure of a
property owner to remove graffiti from his/her prop-
erty within the ten-day period, the City Manager
shall serve on the property owner an order to re-
move graffiti. The order to remove graffiti shall be
in writing and state:
(Cupertino 12-96) 27g~27g-2
10.68.010
Chapter 10.68
CURFEW
Sections:
10.68.010 Definitions.
10.68.020 Prohibited activities.
10.68.030 Exceptions.
10.68.050 Penalty for violation.
10.68.010 Definitions.
A. "Curfew hours" means:
1. Ten p.m. on any Sunday, Monday, Tuesday,
Wednesday or Thursday until six a.m. of the follow-
ing day; and
2. 12:01 a.m. until six a.m. on any Saturday or
Sunday.
B. "Emergency" means an unforeseen circum-
stance or the resulting state that calls for immediate
action, including but not limited to a fire, a natural
disaster, a motor vehicle accident, or other situation
requiring immediate action to prevent serious bodily
injury or loss of life.
C. "Guardian" means:
1. A person who, under court order, is the
guardian of a minor; or
2. A public or private agency with whom a
minor has been placed by a court.
D. "Minor" means any person under eighteen
years of age and is synonymous with the term " ju-
venile" for the purposes of this chapter.
E. "Parent" means a person who is:
1. A natural, adoptive, or steppazent of another
person; or
2. At least eighteen years of age and authorized
by a parent or guardian to have the care and custody
of a minor.
F. "Public place" means any place to which the
public has access, including but not limited to
streets, sidewalks, highways, pazks, the common
areas of schools, hospitals, apartments, office build-
ings, transportation facilities and commercial stores.
G. "Remain" means to:
1. Linger or stay, whether on foot or in a vehi-
cle; or
2. Fail to leave premises when requested to do
so by a police officer or the owner, operator or
person in control of the premises. (Ord. 1665 § 2
(part), 1994)
10.68.020 Prohibited activities.
A. It is unlawful for a minor to remain in any
public place within the City during curfew hours.
B. It is unlawful for a parent or guazdian of a
minor to knowingly permit, or by insufficient con-
trol allow, the minor to remain in any public place
within the City during curfew hours. (Ord. 1665 §
2 (part), 1994)
10.68.030 Exceptions.
The activities prohibited by Section 10.68.020
shall not be unlawful in the following circumstanc-
es:
A. When the minor is accompanied by the
minor's pazent or guazdian;
B. When the minor is on an errand at the direc-
tion of the minor's pazent or guazdian, without any
detour or stop;
C. When the minor is in a motor vehicle in-
volved in interstate travel, or other travel not in
violation of this article;
D. When the minor is engaged in an employ-
ment activity, or going to or returning from an
employment activity, without any detour or stop;
E. When the minor is involved in an emergency;
F. When the minor is on the sidewalk abutting
the minor's residence or abutting the residence of a
next door neighbor if the neighbor did not complain
to the sheriff's office about the minor's presence;
G. When the minor is attending an official
school, religious or other recreational activity spon-
sored by acivic, commercial or other similar organi-
zation that supervises the activity, or when a minor
is going to or returning home from such activity,
without any detour or stop;
H. When the minor is engaging in speech or
religious rights protected by the United States or
California Constitution, such as the free exercise of
religion, freedom of speech and the right of peaceful
assembly; or
279 (Cupertino 12-96)
10.68.030
I. When the minor is married or has been eman-
cipated in accordance with California Family Code
Section 7000, et seq. (Ord. 1665 § 2 (part), 1994)
10.68.050 Penalty for violation.
Any person who violates any of the provisions of
this chapter shall be guilty of a misdemeanor and
upon conviction shall be punishable as provided in
Chapter 1.12 of this Code. (Ord. 1665 § 2 (part),
1994)
(C~pectino 12-%) 2.80
10.76.010
Chapter 10.76
FIREARMS PERMIT*
Sections:
10.76.010 Permit required.
10.76.020 Violation-Penalty.
" For statutory provisions regarding dangerous weapons, see Penal
Code § 12000 et seq.
10.76.010 Permit required.
No person shall shoot or dischazge any gun,
pistol or other firearms or any air-gun or pistol or
spring-gun or pistol, not in necessary self-defense
or in the performance of official duty, without first
having obtained a written permit from the Chief of
Police or other officer designated by him. The Chief
of Police shall issue a permit to shoot or dischazge
any such gun, pistol or firearm only when he finds
that the proposed use thereof will not endanger life
or property. The Chief of Police may issue such
written permit subject to such reasonable conditions
as he fmds will reduce or eliminate hazard to life or
property. It is unlawful for any person to shoot or
dischazge any such gun, pistol or firearm contrary
to the provisions of this section or contrazy to the
conditions of such written permit. (Ord. 166 § 1,
1962)
10.76.020 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. (Ord. 1731 (part), 1996: Ord. 1179 §
2 (part), 1982: Ord. 166 § 5, 1961)
281
(Cupertino 12-96)
Title 11
VEHICLES AND TRAFFIC
Chapters:
11.04 Abandoned, Wrecked, Inoperative Vehicles
11.08 Bicycles
11.09 Pedestrians
11.10 Off-street Vehicles
11.12 Speed Limits
11.20 Stop Signs
11.24 Stopping, Standing and Parking-Public Streets
11.26 Stopping, Standing and Parking-Private
Streets
11.27 Permit Parking ?;one
11.28 Miscellaneous Parking Regulations-On-street
Parking
11.29 On-site Parking
11.30 Regulation of Trf~ffic in the Downtown Area
11.31 Regulation of Parking on Property Owned by
City
11.32 Truck Traffic Routes
11.34 Roadway Design Features
11.36 Closure of Curbs and Medians to Vehicular
Traffic
11.37 Overweight Vehicle Permit
2g3 (Cupertino 12-96)
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)
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 fine 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
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 as the 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
Street Description Side
Foothill Boulevard Freeway 280 to Stevens Creek Both
Boulevazd
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
Boulevazd
Tantau Ave Homestead Road to Stevens Creek Both
Boulevazd
Homestead Road Grant Road to Swallow Drive Both
Pruneridge Avenue Wolfe Road to Tantau Avenue Both
Mariani Avenue De Anza Boulevard to Merritt Drive Both
Vallco Parkway Wolfe Road to Tantau Avenue Both
Stevens Creek Phar Lap to Stelling Road Both
Boulevard
McClellan Road Byme Avenue to Stelling Road Both
Bollinger Road Miller Avenue to Narciso Court Both
Rainbow Drive Stelling Road to DeAnza Boulevazd Both
(Saratoga-Sunnyvale Road)
(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
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
t:95 (Cupertino 12-96)
11.08.260
City Manager determines will provide sufficient
notice of the existence of such bicycle route.
DESIGNATION OF BICYCLE ROUTE
Street Description Side
Foothill Boulevard Stevens Creek to McClellan Road Both
Stevens Canyon Road McClellan to South City Limits Both
Bandley Drive Valley Green Drive to Stevens Both
Creek Boulevard
Portal Avenue Merrit[ Drive to Price Avenue Both
Lubec Street Mary Avenue to Anson Way Both
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 Mariani Avenue to Portal Avenue Both
Lazaneo Drive Bandley Drive to Forest Avenue Both
Forest Avenue to Blaney Avenue Both
Peppertree Lane Stelling Road to Bonny Drive Both
Bonny Drive to Shelly Drive Both
Shelly Drive to Terry Way Both
Teny Way to Rodrigues Avenue Both
Rodrigues Avenue to Blaney Avenue Both
Price Avenue Blaney Avenue to Portal Avenue Both
McClellan Road Foothill Boulevard to Byrne Avenue Both
Erin Way Stelling Road to Kirwin Lane Both
Kirwin Lane to Kim Street Both
Bollinger Road Kim Street to DeAnza Boulevard Both
(Ord. 1739, 1996; Ord. 1731 (pazt), 1996; Ord. 1420
(Part), 1987)
11.08.270 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 dollazs.
(Ord. 1420 (part), 1987)
(Cupertino t2-96) 296
11.10.014
11.10.014 Responsibility of parents and
guardians.
No pazent, guazdian or other adult person having
control, custody or care of any minor under the age
of eighteen years shall permit, allow or let such
minor to violate any provision of this chapter. (Ord.
1322 (part), 1985)
11.10.015 Appeal.
Any person whose application for a permit is
denied may appeal such decision to the City Council
by filing a written notice of appeal within ten days
after notification by the Chief of Police that such
permit has been denied. The City Council shall
thereupon conduct a hearing on said appeal within
thirty days from the date of filing such notice of
appeal with the City Clerk. The decision of the City
Council shall be final and conclusive upon all per-
sons concerned. (Ord. 1322 (part), 1985)
11.10.016 Penalty.
Any person who violates any of the provisions of
this chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12 of this code. (Ord. 1731 (part), 1996:
Ord. 1322 (part), 1985)
301
ccv~m~o iz-~>
11.12.010
Chapter 11.12 § 1, 1980: Ord. 1023 § 1, 1980: Ord. 955 § 1, 1979;
Ord. 945 § 1, 1979; Ord. 939 § 1, 1979: Ord. 915
SPEED LIMITS (part), 1979: Ord. 490 § 4, 1971)
Sections: 11.12.040 Speed limit signs.
11.12.010 Purpose. The City Manager is instructed to have a standazd
11.12.020 Definition. type of speed limit sign installed at each applicable
11.12.030 Establishment of prima facie intersection of the street or highway enumerated in
speed limits. Section 11.12.030. (Ord. 915 (part), 1979: Ord. 490
11.12.040 Speed limit signs. § 5, 1971)
11.12.010 Purpose.
It is the express purpose of the ordinance codified
in this chapter to consolidate in one ordinance all
speed limits established pursuant to authority con-
tained in the California Vehicle Code Sections
22357 and 22358, upon streets or highways present-
ly or hereafter within the City limits, and to provide
a means for incorporating therein all the speed limits
that may hereafter be so established. (Ord. 490 § 1,
1971)
11.12.020 Definition.
Pursuant to authority contained in the California
Vehicle Code, it is determined upon the basis of an
engineering and traffic survey that a speed greater
or lesser than that permitted by state law as applica-
ble upon the following streets would facilitate the
orderly movement of vehicular traffic and would be
reasonable and safe under the conditions found to
exist upon such streets, and it is declazed that the
prima facie speed limit shall be as hereinafter set
forth on those streets or parts of streets herein desig-
nated when signs aze erected giving notice thereof.
(Ord. 490 § 2, 1971)
11.12.030 Establishment of prima facie
speed limits.
The prima facie speed limits on certain streets or
highways, situated within the City of Cupertino,
State of California shall be as set forth in Table
11.12.030. (Ord. 1731 (part), 1996; Ord. 1692,
1995; Ord. 1584, 1992; Ord. 1579, 1992; Ord. 1566,
1991; Ord. 1556, 1991: Ord. 1548, 1991: Ord. 1542,
1990; Ord. 1507, 1989; Ord. 1243, 1983; Ord. 1067
ccu~~oo ~2-~~ 302
TABLE 11.12.030
DECLARED
PRIMA FAC1E
NAME OF STREET OR PORTION SPEED LIMIT
AFFECTED (Miles per Hour)
Bandley Drive situated between Alves Drive and Valley Green Drive 30
Bandley Drive situated between Stevens Creek Boulevard and Alves
Drive 25
Blaney Avenue presently or hereafter within the City
of Cupertino, and situated between Bollinger Read and
Beekman Place 30
Blaney Avenue situated between Beekman Place and Homestead Road 35
Bollinger Road presently or hereafter within the City of Cupertino,
and situated between De Anza Boulevazd and tl~e easterly City limits 35
Bollinger Road west of De Anza Boulevard 30
Bubb Road presently or hereafter within the City of Cupertino, and
situated between Rainbow Drive and McClellan Road 30
Bubb Road situated between McClellan Road rind Stevens Creek
Boulevard 35
Cristo Rey Drive within the City limits and between Foothill
Boulevazd and the west City limits 30
De Anza Boulevard situated between Bollinger Road and a point 700
feet north of Homestead Road 40
Finch Avenue -Stevens Creek Boulevazd to 'Jallco Parkway 35
Foothill Boulevard presently or hereafter within the City of Cupertino,
and situated between McClellan Road and Stevens Creek Boulevazd 30
Foothill Boulevard presently or hereafter within the City of Cupertino,
and situated between Stevens Creek Boulevard ;end Junipero Serra
Freeway 40
Homestead Road presently or hereafter within the City of Cupertino,
and situated between Foothill Boulevazd and a point 850 feet, more or
less, east of Tantau Avenue 35
Mary Avenue situated between Stevens Creek ]Boulevard and Meteor
Drive 35
McClellan Road presently or hereafter within tine City of Cupertino,
and situated between De Anza Boulevard and Bubb Road 30
McClellan Road situated between Bubb Road ~~nd Foothill Boulevazd 25
303 cc~~~;no c2-~>
Miller Avenue situated between Stevens Creek Boulevard and
Bollinger Road 35
Prospect Road situated between Saratoga-Sunnyvale Road and Stelling
Road 30
Pruneridge Avenue situated between Wolfe Road and a point 350
feet, more or less, east of Tantau Avenue 35
Rainbow Drive situated between Saratoga-Sunnyvale Road and
Stelling Road 35
Rodrigues Avenue from Blaney Avenue to De Anza Boulevard 30
Saratoga -Sunnyvale Road presently or hereafter within the City
limits of Cupertino, between Prospect Road and Bollinger Road 40
Stelling Road presently or hereafter within the City of Cupertino, and
situated between Homestead Road and Alves Drive 30
Stelling Road presently or hereafter within the City of Cupertino, and
situated between Alves and Prospect Road 35
Stevens Canyon Road presently or hereafter within the City of
Cupertino, situated between the southerly City limits and McClellan
Road 30
Stevens Creek Boulevard presently or hereafter within the City of
Cupertino and situated between the westerly City limits and the
easterly City limits 35
Tantau Avenue situated between Stevens Creek Boulevard and
Homestead Road 35
Vallco Parkway situated between Wolfe Road and Tantau Avenue 35
Wolfe Road situated between Stevens Creek Boulevard and Homestead
Road 35
cc~~wno 12-96) 304
11.20.010
Chapter 11.20
STOP SIGNS*
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 required by statute or as neces-
sary to implement statutes or local ordinances, see Veh. Code §
21351; for provisions generally regazding traffic signs, signals, and
markings, 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 declazed. (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 mazked, otherwise before
entering the crosswalk on the neaz 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 aze so close
as to constitute an immediate hazazd, 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
proceed, and the drivers of all other vehicles ap-
proaching on that part of the street protected by the
stop sign shall yield the right-of--way to the vehicle
about to enter or cross the protected part of the
street:
305
Approaching Streets
Required to Stop:
Ainsworth Drive
Amulet Drive
Aster Lane
Bazbaza Lane
Beazdon Avenue
Bette Drive
Blue Jay Drive
Bonny Drive
Camazda Drive
Castleton Street
Castleton Street
Chavoya Drive
Clazkston Avenue
Cleo Avenue
Colby Avenue
Columbus Avenue
Craft Drive
Cristo Rey Drive (EB)
Cupertino Road
At Any Entrance
Thereof With:
Hartman Drive
Castine Avenue
Waterford Drive
Peppertree Lane
Alves Drive
Clifford Drive
Northwest Squaze
Peppernee Lane
Randy Lane
Clazkston 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
(Alley) ± 220 ft. west
(C~pertino 12-96)
of De Anza Blvd. Rodrigues Avenue (NB)
(Alley) ± 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
Folkstone Drive Yorkshire Drive
Ft. Baker (north approach) Hyannisport Drive
Glenview Avenue La Mar Drive
Granada Avenue Orange Avenue
Grand Avenue Peninsula Avenue
Greenleaf Drive Castine Avenue
John Drive Kirwin Lane
11.20.020
Approaching Streets At Any Entrance Approaching Streets At Any Entrance
Required to Stop: Thereof With: Required to Stop: Thereof With:
Kirwin Lane Felton Way Valley Green Drive Beazdon Avenue
La Paloma Drive Santa Teresa Drive Via Camino Court Ainsworth Drive
La Paloma Drive Columbus Avenue Vicksburg Drive East Estates Drive
Larry Way Merritt Drive Villa De Anza Avenue Lucille Avenue
Linda Vista Drive Santa Teresa Drive Virginia Swan Place Lazaneo Drive
Linda Vista Drive Hyannisport Drive Vista Drive Merritt Drive
Lindy Lane Regnart Road Vista Drive Forest Avenue
Lindy Place Lindy Lane West Pazk Circle Alves Drive
Los Ondos Way Pacifica Drive Whitney Way Pacifica Drive
Lubec Street Mary Avenue Wilkinson Avenue Columbus Avenue
Lubec Street Anson Avenue Wilkinson Avenue Hyannisport Drive
Maria Rosa Way Columbus Avenue Wintergreen Drive Cold Hazbor Avenue
Mello Place Price Avenue (Ord. 1731 (part), 1996; Ord. 1704 (part), 1995;
Meteor Drive Castine Avenue Ord. 1698 (part), 1995; Ord. 1557, 1991; Ord. 1552,
Meteor Drive Mary Avenue 1991; Ord. 1445 (part), 1988; Ord. 1429 (part),
Milford Drive Castine Avenue 1987; Ord. 1391, 1986; Ord. 1365, 1986; Ord. 1339
Miner Place Lazaneo Drive (part), 1985; Ord. 1226, 1983; Ord. 1204, 1982;
Mira Vista Road Palm Avenue Ord. 1156, 1982; Ord. 1130 (part), 1981; Ord. 1095,
Monrovia Street Regnart Road 1981; Ord. 1078, 1980; Ord. 1073, 1980; Ord. 1041,
Mt. Crest Drive Linda Vista Drive 1980; Ord. 1000, 1980; Ord. 975, 1980; Ord. 970
Nathanson Avenue Meteor Drive (part), 1980; Ord. 900 (part), 1978: Ord. 467 § 3.1,
Orange Tree Lane Merritt Drive 1970)
Palos Verdes Drive Castleton Street
Palos Verdes Drive Terrace Drive 11.20.030 All directional vehicular stop
Pazlette Place Lazaneo Drive required at certain intersections.
Plum Tree Lane Merritt Drive A. The driver of any vehicle upon approaching
Plum Tree Lane Forest Avenue any entrance of any of the following intersections
Rampart Avenue East Estates Drive sign-posted with a stop sign shall stop:
Randy Lane Merritt Avenue 1. At a limit line, if mazked, otherwise before
Regnart Court Lindy Lane entering the crosswalk on the near side of the inter-
Rucker Drive Santa Teresa Drive section, or, if not mazked, then before entering the
Saich Way Alves Drive intersection; or
Santa Paula Avenue Mira Vista Road 2. At any point within the intersection as re-
Santa Teresa Drive Hyannisport Drive quired by a stop sign.
Santa Teresa Drive Columbus Avenue B. After such stop, the driver shall yield the
Shattuck Drive Santa Teresa Drive right-of--way to other vehicles on that part of any
Sorenson Avenue Finch Avenue street protected by any stop sign which aze so close
Stafford Drive Folkstone Drive as to constitute an immediate hazard, and shall
Sutherland Avenue Castleton Street continue to yield the right-of--way to such approach-
Terra Bella Drive Lindy Lane ing vehicles until such time as he can proceed with
Terra Bella Drive Terrace Drive reasonable safety. A driver having yielded may
Tone Avenue Pacifica Drive proceed, and the drivers of all other vehicles ap-
(~ct;no t2-~> 306
11.20.030
proaching on that part of the street protected by the
stop sign shall yield the right-of--way to the vehicle
about to enter or cross the protected part of the
street:
Alves Drive
Bandley Drive
Blaney Avenue and Clifford Drive
Blaney Avenue and Forest Avenue
Blaney Avenue and John Drive
Blaney Avenue and Merritt Drive
Blaney Avenue and Rodrigues Avenue
Blaney Avenue and Suisun Drive
Blue Jay Drive and Northwest Square
Bubb Road and Columbus Avenue
Bubb Road and Hyannisport Drive
Bubb Road and Rainbow Drive
Byrne Avenue and San Fernando Avenue
Dempster Avenue, Fitzgerald Drive and Peninsula
Avenue
Dempster Avenue and Stokes Avenue
East Estates Drive and Davison Avenue
East Estates Drive and Glenview Avenue
East Estates Drive and La Maz Drive
East Estates Drive and Richwood Drive
Finch Avenue and Phil Lane
Folkstone Drive and Yorkshire Drive
Foothill Boulevazd and Stevens Creek Boulevard
Fort Baker Drive and Hyannisport Drive
Granada Avenue and Pasadena Avenue
Huntridge and Stelling
Kim Street and Kirwin Lane
Janice Avenue and Palo Vista Road
Lazaneo Drive and Vista Drive
Merritt Drive and Portal Avenue
Mira Vista Road and Palm Avenue
Olive Avenue and Pasadena Avenue
Orion Lane and Stelling Road
Pacifica Drive and Fazallone Avenue
Prospect Road and Stelling Road
Rainbow Drive and Weymouth Drive
Rainbow Drive and Yorkshire Drive
Rodrigues Avenue and Tone Avenue
Santa Claza Avenue and Grand Avenue
Terrace Drive and Terra Bella Drive
Waterford Drive and Stelling Road. (Ord. 1704
(part), 1995; Ord. 1698 (part), 1995; Ord. 1482,
1989; Ord. 1445 (part), 1988; Ord. 1429 (part),
1987; Ord. 1406, 1987; Ord. 1339 (part), 1985; Ord.
1297,1985; Ord. 1268, 1984; Ord. 1181, 1982; Ord.
1130 (part), 1981; Ord. 1070, 1980; Ord. 994, 1980;
Ord. 976, 1980; Ord. 970 (part), 1980; Ord. 942,
1979: Ord. 900 (part), 1978: Ord. 467 § 3.2, 1970)
?~07 cc~~rooo i2-~>
11.24.010
Chapter 11.24
STOPPING, STANDING AND PARKING-
PUBLIC STREETS*
Sections:
11.24.010 Purpose.
11.24.020 Scope.
11.24.030 Definitions.
11.24.040 Curb markings and signs
designated.
11.24.050 Obedience to signs.
11.24.060 Prohibited at certain locations.
11.24.070 Parking space markings.
11.24.080 Authority to establish loading
zones.
11.24.090 Loading zones-Marking.
11.24.100 Passenger loading zones.
11.24.110 Spaces restricted to
handicapped persons.
11.24.120 Prohibited in parkways.
11.24.130 Prohibited for more than
seventy-two hours.
11.24.140 Parking for purposes of
display, servicing, or
repairing.
11.24.150 Parking prohibited along
certain streets.
11.24.160 Prohibited during certain
hours.
11.24.170 Parking limited along certain
streets.
11.24.180 Diagonal parking.
11.24.190 Off-street parking for
handicapped persons.
11.24.200 Removal of vehicles from
street.
11.24.210 Violation-Penalty.
11.24.220 Temporary parking zones-
Permit procedure.
11.24.230 Parking prohibited where use
of street is necessary for
cleaning or repair.
11.24.240 Blocking of intersections
prohibited.
* For statutory provisions relating to stopping, standing and parking,
see Veh. Code § 22500 et seq. For provisions regazding the parking
or leaving of vehicles in public pazks, see Ch. 13.04 of this code;
for provisions regarding the enforcement of parking regulations, see
Ch. 2.30. Prior ordinance history: Ord. 381.
11.24.010 Purpose.
The provisions of this chapter prohibiting the
stopping, standing or parking of a vehicle shall
apply at all times, or at those times herein specified,
except when it is necessary either to stop a vehicle
to avoid conflict with other traffic, or in compliance
with the directions of a law enforcement officer or
official traffic-control device. (Ord. 843 § 4.1, 1977)
11.24.020 Scope.
The provisions of this chapter imposing a time
limit on stopping, standing, or parking shall not
relieve any person from the duty to observe other
and more restrictive provisions of the Vehicle Code
of the state, or the ordinances of the City prohibiting
or limiting the stopping, standing, or parking of
vehicles in specified places or at specified times.
(Ord. 843 § 4.2, 1977)
11.24.030 Definitions.
The following words and phrases when used in
this chapter shall have the meanings set forth in this
section:
A. "Emergency" means a situation in which
immediate, temporary, small-scale maintenance is
necessary in order to permit an otherwise operable
vehicle to continue, such as changing a flat tire,
jump-starting a dead battery, or adding water to an
overheated radiator. An ,emergency situation shall
not be construed to permit work on, or storage of,
a vehicle which could be towed to an appropriate
location for repair or servicing.
B. "Display for sale" means to place, store, park,
or cause to be placed, stored or parked, for the
primary purpose of selling such vehicle or part
thereof, as opposed to parking such vehicle tempo-
rarily for the purpose of carrying out incidental
(Cupertino 12-96) 308
11.24.030
errands or other temporary tasks. It shall be a rebut-
table presumption affecting the burden of proof, that
any vehicle, or part thereof, displaying a "For Sale"
sign, or displaying a sign containing information
about price, conditions, or telephone number, has
been parked or placed for the primary purpose of
sale.
C. "Highway" means a way or place of whatever
nature, publicly maintained and open to the
309
(Cupettino 12-96)
11.24.110
paint on the curb or edge of the paved portion of
the street adjacent to the space. In addition to blue
paint, the space may also be indicated by signs or
other suitable means. (Ord. 843 § 9.7, 1977)
11.24.120 Prohibited in parkways.
No person shall stop, stand, or park a vehicle
within any parkway. (Ord. 843 § 5, 1977)
11.24.130 Prohibited for more than
seventy-two hours.
No person who owns or has in his possession,
custody, or control any vehicle or trailer shall park
such vehicle or trailer upon any public street or
alley for more than a consecutive period of seventy-
two hours. (Ord. 843 § 6, 1977)
11.24.140 Parking for purposes of display,
servicing, or repairing.
A. No person shall park a vehicle upon any
roadway or on any private property or private road-
way without the express written permission of the
owner of such property, for the principal purpose of:
1. Displaying such vehicle for sale; or
2. Servicing or repairing such vehicle, except
when necessitated by an emergency.
B. Violation of this provision shall constitute an
infraction, and shall subject the registered owner of
such vehicle to the penalties as prescribed by Chap-
ter 1.12 of the Cupertino Municipal Code. Each day
the violation continues constitutes a new offense.
This section shall not constitute the exclusive means
of enforcement of vehicles or parts thereof which
have been stored, parked, placed, or abandoned on
public or private roadways and private property
within the City limits. (Ord. 1394 §§ 1 (part), 2,
1986: Ord. 1380 §§ 1, 2, 3, 4, 1986: Ord. 843 § 8,
1977)
11.24.150 Parking prohibited along certain
streets.
No person shall stop, stand, or park any vehicle
as defined in the Vehicle Code of California on any
day on any of the following streets or portions of
streets within the City, as set out in Table
11.24.150. (Ord. 1741, 1996; Ord. 1729, 1996; Ord.
1727, 1996; Ord. 1724 (part), 1996; Ord. 1683
(part), 1995; Ord. 1605, 1992; Ord. 1589, 1992;
Ord. 1578,1992; Ord. 1577, 1992; Ord. 1564, 1991;
Ord. 1562, 1991; Ord. 1553, 1991; Ord. 1547 (part),
1991; Ord. 1521, 1990; Ord. 1467, 1988; Ord. 1455,
1988; Ord. 1454, 1988; Ord. 1446, 1988; Ord. 1439,
1988; Ord. 1428, 1987; Ord. 1423, 1987; Ord. 1419
(part), 1987; Ord. 1409 (part), 1987; Ord. 1405
(part), 1987; Ord. 1397, 1987; Ord. 1395, 1986;
Ord. 1390 (part), 1986; Ord. 1388, 1986; Ord. 1357,
1986; Ord. 1351, 1986; Ord. 1338, 1986; Ord. 1325,
1985; Ord. 1304, 1985; Ord. 1302, 1985; Ord. 1189
(part), 1984; Ord. 1285, 1984; Ord. 1276 (part),
1984; Ord. 1266, 1984; Ord. 1245 (part), 1983; Ord.
1221, 1983; Ord. 1218, 1983; Ord. 1203 (part),
1982; Ord. 1178, 1982; Ord. 1172 (part), 1982; Ord.
1170, 1982; Ord. 1156, 1982; Ord. 1152 (part),
1981; Ord. 1151 (part), 1981; Ord. 1148, 1981; Ord.
1140, 1981; Ord. 1129, 1981; Ord. 1124 (part),
1981; Ord. 1118 (part), 1981; Ord. 1115, 1981; Ord.
1097, 1981; Ord. 1072, 1980; Ord. 1069, 1980; Ord.
1058, 1980; Ord. 1025, 1980; Ord. 1001, 1980; Ord.
993, 1980; Ord. 992, 1980; Ord. 980, 1980; Ord.
971 (part), 1980; Ord. 927, 1979; Ord. 908, 1979;
Ord. 899, 1978; Ord. 886 § 1, 1978; Ord. 873 § 2,
1978; Ord. 843 § 10.1, 1977)
11.24.160 Prohibited during certain hours.
No person shall stop, stand, or park any vehicle
as defined in the Vehicle Code of California on any
day except as herein provided on the streets, or
portions of streets, set out in Table 11.24.160, with-
in the City of Cupertino between the respective
hours set opposite the name of each street. (Ord.
1718 (part), 1996; Ord. 1683 (part), 1995; Ord.
1645, 1994; Ord. 1633, 1993; Ord. 1547 (part),
1991; Ord. 1545, 1990; Ord. 1518, 1990; Ord. 1476
(part), 1988; Ord. 1427, 1987; Ord. 1422, 1987;
Ord. 1392, 1986; Ord. 1390 (part), 1986; Ord. 1369,
1986; Ord. 1276 (part), 1984; Ord. 1265, 1984; Ord.
1264, 1984; Ord 1245 (part) 1983; Ord. 1203 (part),
1982; Ord. 1172 (part), 1982; Ord. 1152 (part)
1981; Ord 1151 (part), 1981; Ord. 1135, 1981; Ord.
1124 (part), 1981; Ord. 1118 (part), 1981; Ord.
1074, 1980; Ord. 1007, 1980; Ord. 999 (part), 1980;
Ord. 971 (part), 1980; Ord. 873 § 3, 1973; Ord. 843
§ 10.2, 1977)
313 (Ctipertino ~2-~)
TABLE 11.24.150
Sides of
Street Street Portion
Adriana Avenue North and South Between Mann Drive and a point 100 feet east thereof
Alhambra Avenue East Between University Way southerly to southern terminus
(approximately 1,162 feet)
Anton Way Both Between Stevens Creek Boulevard and Alves Drive
Bandley Drive East and West Between Lazaneo Drive and a point 940 feet northerly
thereof
Bandley Drive Both Between Lazaneo Drive and a point 400 feet north of
Mariani Avenue
Bianchi Way West Between a point 30 feet south of Stevens Creek Boulevazd
and a point 166 feet south of Stevens Creek Boulevazd
Blaney Avenue Both Between Villa De Anna Boulevazd and Homestead Road
Blaney Avenue Both Between Stevens Creek Boulevazd and a point 450 feet north
thereof
Blaney Avenue East Between Bollinger Road and a point 155 feet north thereof
Blaney Avenue East Between Stevens Creek Boulevard and Price Avenue
Blaney Avenue West Between Stevens Creek Boulevard and a point 600 feet north
of Rodrigues Avenue
Blaney Avenue West Between Bollinger Road and a point S50 feet north thereof
Blaney Avenue West From Lucille Avenue and a point 350 feet south thereof -
Blue Jay Drive East and West Between Homestead Road and a point ± 900 feet south, to
Northurst Drive
Bollinger Road North Between a point 286 feet west of Miller Avenue and a point
150 feet east of Hyde Avenue
(Cuputino 12-96) 314
TABLE 11.24.150 (Continued)
Street Sides of Portion
Street
Mann Drive East/West/ Betwee» Stevens Creek Boulevazd and (Old) Mann Drive
North/South
Mariani Avenue Both Betwee~l De Anza Boulevazd and the easterly terminus there-
of
Mariani Avenue North Betwee~i De Anza Boulevazd and a point 350 feet westerly
thereof
Mariani Avenue South Betwee~i De Anza Boulevard and a point 150 feet westerly
thereof i
Mary Avenue East and North Betwee~i Stevens Creek Boulevazd and Homestead Road
Mary Avenue West Betwee~i Stevens Creek Boulevazd and a point 500 feet
northerly thereof
McClellan Road North Between Mira Vista Road and a point 750 feet east of
Stelling Road, all portions currently or hereafter within the
City linrits
McClellan Road South Betwee~i Mira Vista Road and a point 350 feet east of
Stelling Road
Miller Avenue East Between Bollinger Road and a point 300 feet northerly there-
of
Miller Avenue East BetweeTi Atherwood Avenue and Phil Lane
Miller Avenue West Between Stevens Creek Boulevazd and Richwood Drive
Miller Avenue West From Bollinger Road and a point 200 feet north
Mount Crest Drive Both Between Mount Crest Place and southerly terminus thereof
Mount Crest Place Both Between Mount Crest Drive and the southerly terminus there-
'. of
North Portal Ave- East Between Stevens Creek Boulevazd and a point 120 feet
nue northerly
Orion Lane South Betweeci Stelling Road and Hunterson Place
Pacifica Drive North Betweeci a point 30 feet east of De Anza Boulevazd and a
point 150 feet east of De Anza Boulevazd
317 (Ctiperano 12-96)
TABLE 11.24.150 (Continued)
Street Sides of
Street Portion
Palm Avenue Both Between Foothill Boulevard and Palo Vista Avenue, all por-
tions can ently or hereafter within the City limits
Peninsula Avenue West Between Stevens Creek Boulevard and University Way, all
portions can ently or hereafter within the City limits
Portal Avenue West Between Amherst Avenue and a point 250 feet south thereof
Portal Avenue East Between Stevens Creek Boulevard, south 175 feet
Price Avenue North Between Blaney Avenue and a point 250 feet east thereof
Prospect Road North Between Stelling Road and a point 110 feet east thereof
Pruneridge Avenue Both Between Wolfe Road and a point 350 feet east of Tantau
Avenue
Rainbow Drive Both Between a point 500 feet west of Bubb Road and southwest-
erly terminus thereof
Rainbow Drive North Between Stelling Road and a point 100 feet east thereof
Rodrigues Avenue Both Between a point 300 feet west of De Anza Boulevard and a
point 800 feet west of Blaney Avenue
San Juan Road North Between Cordova Road and Stevens Canyon Road
Santa Clara Avenue West Between University Way and Grand Avenue
Santa Clara Avenue West Between Grand Avenue and Alhambra Avenue
cc~ ~s-~> 318
TABLE 11.24.150 (Continued)
Sides of
Street Street Portion
Stevens Creek Both Betv~een Bubb Road and Stelling Road, all portions cur-
Boulevard rently or hereafter within the City limits
Stevens Creek North Betv~~een Foothill Boulevard and Bubb Road
Boulevard
Stevens Creek South Betv~~een Imperial Avenue and Bubb Road
Boulevard
Stevens Creek South Between Saich Way and a point 100 feet west thereof
Boulevard
Stevens Creek South Between a point 500 feet east of Janice and Orange Ave-
~ Boulevard nue
Stevens Creek South Between De Anza Boulevard and a point 300 feet west of
Boulevard Banclley
Tantau Avenue Both Between Stevens Creek Boulevard and Homestead Road
Tantau Avenue West Between Phil Lane, south 175 feet
Torre Avenue Both Between Stevens Creek Boulevard and Rodriguez Avenue
Tula Lane West Between a point 40 feet south of Sola Street and a point
180 i-eet north of Sola Street
Villa De Anza East Between Blaney Avenue and Lucille Avenue
Avenue
Villa De Anza South Between Blaney Avenue and a point 150 feet west there-
Avenue of
Vista Drive West Between Apple Tree Lane and a point 200 feet southerly
thereof
Westlynn Way West Between Dumas Drive and Heatherwood Drive
Wolfe Road Both Between Stevens Creek Boulevard and Homestead Road
319 ccopemno 12-96)
Street Hours
Beazdon Drive 8 a.m. to 2 p.m.
within City
limits
Beazdon Drive 8 am. to 2 p.m.
within City
limits
Blaney Avenue 7 a.m. to 8 p.m.
Blaney Avenue 7 a.m. to 8 p.m.
Blaney Avenue 7 a.m. to 8 p.m.
Blaney Avenue 7 a.m. to 8 p.m.
Blaney Avenue 7 a.m. to 8 p.m.
Table 11.24.160
Sides of Street
West
East
West
West
East
East
West
Bollinger Road 7 a.m. to 5:30 p.m. North
Bubb Road 7:30 a.m. to 5:30
p.m.
Canyon View 6 p.m. to 6 a.m.
Circle
Both
Both
Portion Exceptions
All Monday, Tuesday, Thursday,
Friday, Saturday, Sunday and
Holidays
All Monday, Tuesday,
Wednesday, Friday, Satur-
day, Sunday and Holidays
Between Villa De Anza None
and a point 450 feet north
of Stevens Creek Boule-
vazd
Between Rodrigues Ave- None
nue and a point 150 feet
North of La Mar Drive
Between a point 350 feet None
North of La Maz Drive
and Pacifica Drive
From a point 155 feet None
northerly of Bollinger
Road and a point 120 feet
north of Lindenbrook Lane
Between Sohn Drive and a None
point 550 feet North of
Bollinger Road
Between Blaney Avenue Saturday and Sunday
and a point 900 feet east
of Tantau Avenue, all por-
tions currently or hereafter
within the City limits
Between McClellan Road Saturday and Sunday
and Rainbow Drive all
portions currently or here-
after within City limits
From Lindy Lane to end None
(Cupertino 12-96) 32~
EXHIBIT 11.26.140
T
i
r'
unnuinvnit[u UR
ILLEGA! LY PARKED
VEHICLES ~all1 EE
CITED OR RE~l~OYD
AT OWNER'S EXPENSE
PHONE:
CV.G 22658
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Space for Municipal
Code Optional
329 (Cupertino 12-96)
?d"
11.27.010
Chapter 11.27
PERMIT PARKING ZONE
Sections:
11.27.010 Permit parking zone
established.
11.27.020 Definitions.
11.27.030 Permit parking zone
description.
11.27.040 Posting of permit parking zone.
11.27.050 Issuance of permits to
residents.
11.27.060 Issuance of permits to guests of
residents.
11.27.070 Restrictions on parking
permits.
11.27.080 Display of permits.
11.27.090 Permit parking exemptions.
11.27.100 Application for permit.
11.27.110 Validity of parking permits.
11.27.120 Replacement of permits.
11.27.130 Period of restricted parking.
11.27.140 Revocation of permit.
11.27.145 Designation of preferential
parking zones.
11.27.150 Penalty provisions.
11.27.010 Permit parking zone established.
Under the provisions of Section 22507 of the
Vehicle Code, the City Council does ordain that a
preferential pazking zone be established in Cupertino
in which pazking will be prohibited as established
by ordinance of the City Council. Exemptions from
such prohibition, when not otherwise indicated, will
be by securing and displaying in a vehicle a type of
pazking permit described in this chapter. (Ord. 1731
(part), 1996: Ord. 1197 (part), 1982)
11.27.020 Definitions.
Whenever the following terms aze used in this
chapter, they shall be deemed and construed to have
the following meaning:
A. "Commercial and industrial properties" means
a business enterprise operated within the permit
pazking zone.
B. "Guest of resident" means bona fide visitors
to a residence located in the permit pazking zone.
C. "Motor vehicle" means and includes any
device by which any person or property may be
propelled, moved or drawn upon a highway. For the
purposes of this chapter, a motor vehicle shall in-
clude licensed automobile, trucks as defined in
Section 11.28.OlOG, recreational vehicle, motorcycle
or other motor-drawn or drawn form of transporta-
tion weighing over fifty pounds.
D. "Resident" means the principal occupant of
a single-family dwelling or of a legal housing unit
of a condominium or multiple family dwelling. The
quarters occupied aze called a "residence" or a
"household." (Ord. 1197 (part), 1982)
11.27.030 Permit parking zone description.
The permit pazking zone shall be the designated
areas in which no person shall stop, stand or pazk
any vehicle, except for vehicles which display a
valid pazking permit. (Ord. 1197 (part), 1982)
11.27.040 Posting of permit parking zone.
The Director of Public Works shall cause appro-
priate signs to be erected inside or outside the per-
mit parking zone indicating prominently thereon the
conditions under which the permit pazking regula-
tions shall be enforced. (Ord. 1197 (part), 1982)
11.27.050 Issuance of permits to residents.
Residents' parking permits shall be issued by the
Director of Public Works. No more than one pazk-
ing permit shall be issued to each motor vehicle for
which application is made. The Director of Public
Works is authorized to issue such rules and regula-
tions, consistent with this chapter, governing the
manner in which residents shall qualify for parking
permits. (Ord. 1197 (part), 1982)
11.27.060 Issuance of permits to guests of
residents.
The Director of Public Works is authorized, upon
~c~~~oo ~z-~~ 330
11.27.060
application, to issue pazking permits to residents of
the permit parking zone for use of their bona fide
transient guests. (Ord. 1197 (part), 1982)
11.27.070 Restrictions on parking permits.
A pazking permit shall not guazantee or reserve
to the holder thereof an on-street parking space
within the designated permit zone, nor shall permit
holders be exempt from pazking restrictions or pro-
hibitionsestablished pursuant to authority other than
this chapter. (Ord. 1197 (part), 1982)
11.27.080 Display of permits.
A. Permits shall be issued in a sticker decal form
and be permanently affixed to the left reaz bumper
of the motor vehicle. Trailers, motorcycles and
vehicles without bumpers shall have permits perma-
nently affixed to the left reaz of the vehicle in a way
they shall be easily seen and read by enforcement
officers.
B. Permits of guests of residents of the pazking
permit zone and nonresident visitor permits shall be
issued in a cazd form for display through the wind-
shield of the vehicle in a way that they shall be
easily seen and read by enforcement officers.
C. Trailers, motorcycles and vehicles without
windshields or enclosed areas shall have permits
attached to the vehicle in such a manner that they
shall be easily seen and read by enforcement offi-
cers. (Ord. 1197 (part), 1982)
11.27.090 Permit parking exemptions.
A. Vehicles readily identifiable by enforcement
officers as emergency or government will be ex-
empted from the pazking restrictions of this chapter.
B. Vehicles readily identifiable as commercial,
delivery, service and contractor's vehicles, while the
occupants of the vehicles are actually engaged in
providing services to residences or commercial
enterprises, or in the maintenance and repair of
public services or utilities, will be exempt from the
parking restrictions of this chapter.
C. The Director of Public Works may grant
upon request individual one-day exemptions for
nonresidents attending scheduled community events
conducted in the permit parking zone. Application
for such exemptions shall be made in a time and
manner to be determined by the Director of Public
Works. (Ord. 1197 (part), 1982)
11.27.100 Application for permit.
Each application or reapplication for an annual
parking permit shall contain information sufficient
to identify the applicant, his address within the
permit zone, and the license number of the motor
vehicle for which application is made and such other
information that may be deemed relevant by the
Director of Public Works. (Ord. 1197 (part), 1982)
11.27.110 Validity of parking permits.
A. The pazking permit issued to each resident or
guest of resident within the zone shall expire on
January 2, 1984, and thereafter will expire on Janu-
ary 2nd of every even-numbered yeaz.
B. Permits may be renewed biennially upon
reapplication in the manner required by the Director
of Public Works. (Ord. 1197 (part), 1982)
11.27.120 Replacement of permits.
A. The Director of Public Works may issue a
duplicate permit if any resident to whom a valid
pazking permit has been issued, or to whom a valid
guest of resident permit has been issued can furnish
proof that the permit has been destroyed, lost, or the
vehicle to which permit was affixed has been dis-
posed of.
B. Anew permit will be issued and the old
permit will be canceled. (Ord. 1197 (part), 1982)
11.27.130 Period of restricted parking.
The date and time when parking restrictions will
be in effect in the permit pazking zone will be estab-
lished by resolution of the City Council of the City.
(Ord. 1197 (part), 1982)
11.27.140 Revocation of permit.
The Director of Public Works is authorized to
revoke the pazking permit of any person found to be
in violation of this chapter, and upon written notifi-
cation thereof, the person shall sunrender such per-
:331 (Cupertino 12-96)
11.27.140
mit to the Director of Public Works. Failure, when
so requested, to surrender a pazking permit so re-
voked shall constitute a violation of this chapter.
(Ord. 1197 (part), 1982)
11.27.145 Designation of preferential
parking zones.
The following street areas aze designated as pref-
erential pazking zones under this chapter:
Street Limits Special Hours
Ann Arbor Court Lauretta Drive to Daily 7:00 a.m.-10:00 p.m
Christensen
August Lane All M-F 9:00 a.m.-5:00 p.m.
Barbara Lane East side M-F 8:00 a.m.-7:30 p.m.
Bilich Place Wheaton to Tu-Sa 6:00 p.m. 2:00 a.m.
termination
thereof
Bonny Drive Sola to Scofield M-F 8:00 a.m. 7:30 p.m.
Byrne Avenue McClellan to 200 M-F 8:00 a.m.~1:00 p.m.
feet north
Cedar Tree Lane Blaney to Orange Daily
Tree Lane
Cedar Tree Court Cedar Tree Lane Daily
to end of cul
de sac
Christensen Drive All Daily 7:00 a.m.-10:00 p.m.
Clearwood Court All F-Sun 6:00 p.m.-2:00 a.m.
Dolores Avenue Orange Avenue to M-F 8:00 a.m.~:00 p.m.
220 feet west
Fenway Court All Daily 7:00 a.m.-10:00 p.m.
Fort Baker Drive Presidio to M-F 8:00 a.m.-3:30 p.m.
Hyannisport
Hyannisport Drive North side Fort M-F 8:00 a.m.-3:30 p.m.
Baker to 200
feet west
Lily Avenue Ail M-F 8:00 a.m.-7:30 p.m.
Lily Court All M-F 8:00 a.m. 7:30 p.m.
Merritt Drive Blaney to 100 feet Daily
east of Baywood
Court
New Haven Drive All M-F 8:00 a.m.-3:30 p.m.
Noonan Court All M-F 8:00 a.m.--4:00 p.m.
Old Town Court All M-F 8:00 a.m.-3:30 p.m.
Orange Avenue East side McClellan M-F 8:00 a.m.~:00 p.m.
to Noonan Court
Orange Avenue West side M-F 8:00 a.m.~:00 p.m.
McClellan to
Dolores
Orange Tree Lane Cedar Tree Lane Daily
south 200 feet
Peppertree Lane All M-F 8:00 a.m. 7:30 p.m.
Phar Lap Drive Stevens Creek Blvd. F-Su 6:00 p.m.-2:00 a.m.
to Oakdell Place
Presidio Drive Fort Baker to New M-F 8:00 a.m. 3:30 p.m
Haven
Presidio Drive Providence Court M-F 8:00 a.m. -3:30 p.m.
to New Haven
Court
Presidio Drive 100 feet east of M-F 8:00 a.m. -3:30 p.m.
New Haven Court
to 100 feet
west of New
Haven Court
Rose Blossom McClellan to Lily M-F 8:00 a.m. 7:30 p.m.
Way
Santa Lucia Road Stevens Canyon Daily
to Merriman Road
Scofield Drive Barbaza to Western M-F 8:00 a.m. 7:30 p.m.
September Court All M-F 9:00 a.m. -5:00 p.m.
September Drive McClellan to 200 M-F 9:00 a.m. -5:00 p.m.
feet south of
August Lane
Shelly Drive Bonny to Westacres M-F 8:00 a.m. 7:30 p.m.
Stelling Road East 425 feet Daily
south of McClellan
to Erin Way
Stevens Canyon West side Santa Daily
Road Lucia north 200
feet
Wheaton Drive Myer Place to Tu-Sa 6:00 p.m . 2:00 a.m.
Riedel Place
Wilkinson Ave Hyannisport to M-F 8:00 a.m. -3:30 p.m.
Columbus
(Ord. 1731 (part), 1996)
11.27.150 Penalty provisions.
A. It is unlawful and a violation of this chapter
for a person to falsely represent himself as eligible
for a parking permit or to furnish false information
in an application therefor to the Director of Public
Works.
B. It is unlawful and a violation of this chapter
for a person holding a valid parking permit issued
pursuant hereto to knowingly permit the use or
display of such permit on a motor vehicle other than
that for which the permit is issued. Such conduct
shall constitute an unlawful act and violation of this
chapter both by the person holding the valid parking
permit and the person who so uses or displays the
permit on a motor vehicle other than that for which
it is issued.
C. It is unlawful and a violation of this chapter
for a person to copy, produce or otherwise bring
into existence a facsimile or counterfeit parking
(Cupertino 12-9ti) 332
11.27.150
permit or permits without written authorization from
the Director of Public Works. It shall further be
unlawful and a violation of this chapter for a person
to knowingly use or display a facsimile or counter-
feit pazking permit in order to evade limitations on
pazking applicable in a permit pazking zone.
D. Any person who violates any of the provi-
sions of this chapter shall be guilty of an infraction,
and upon conviction thereof, be punished as provid-
ed in Chapter 1.12. (Ord. 1197 (part), 1982)
=~32-1 (Cupertino 12-96)
11.29.010
Chapter 11.29
ON-SITE PARKING
Sections:
11.29.010 Purpose.
11.29.020 Application.
11.29.030 Definitions.
11.29.040 Regulations.
11.29.050 Penalties.
11.29.010 Purpose.
The purpose of this chapter is to regulate the
parking of vehicles which are unsightly or over-
sized, or which aze detrimental to the property val-
ues or the peace and enjoyment of neighboring
property owners or residents. (Ord. 1345 § 2, 1986)
11.29.020 Application.
No vehicle may be pazked, stored or kept on any
pazcel of land within the city otherwise than in
conformance with this chapter. (Ord. 1345 § 3,
1986)
11.29.030 Definitions.
As used in this chapter, the following terms shall
have the meanings set forth in this section:
A. "Commercial vehicle" means any vehicle or
part thereof required to be registered under the State
of California Vehicle Code, which is used or main-
tained for the transportation of persons for hire,
compensation or profit, or designed, used or main-
tained primarily for the transportation of property,
except passenger vehicles.
B. "Mobilehome" means a vehicle, other than a
motor vehicle, designed or used as semipermanent
housing for human habitation, for carrying persons
and property on its own structure and for being
drawn by a motor vehicle, including a trailer coach.
C. "Mobilehome pazk" means any area or tract
of land where lots aze sold, rented or held out for
rent to one or more owners or users of mobile-
homes, excluding travel trailers, for the purpose of
permanent or semipermanent housing.
D. To "park" means to stand or leave standing
any vehicle, whether occupied or not, otherwise than
temporarily for the purpose of and while actually
engaged in the loading or unloading of passengers
or materials.
E. "Public streets" means all streets, highways,
lanes, places, avenues and portions thereof, includ-
ingextensions in length and width, which have been
dedicated by the owners thereof to public use, ac-
quired for public use, or in which a public easement
exists.
F. "Vehicles" means any boat, bus, trailer, motor
home, van, camper (whether or not attached to a
pickup or other vehicle), camp trailer, mobilehome,
motorcycle, automobile, truck, pickup, airplane, haul
trailer, truck tractor, truck trailer or utility trailer, or
parts thereof, or any device by which any person or
property may be propelled, moved or drawn upon
a public street, excepting a device moved exclusive-
ly by human power. (Ord. 1585 § 1 (part), 1992:
Ord..1345 § 4, 1986)
11.29.040 Regulations.
A. Vehicles Permitted in Residential Zones.
1. Front or Street Side Setback Area. Vehicles
aze permitted to be placed, kept or parked in a front
or street side yazd setback azea or within twelve feet
of a public right-of--way in a rear yard area, subject
to the following restrictions:
a. A maximum of four vehicles is permitted on
a lot in a R1, RHS, or Al-43 single-family detached
residential zone; a greater number of vehicles may
be permitted if they aze completely enclosed within
legal structures, except four vehicles may be parked
outside a legal structure. In all other residential
zones, the number of vehicles allowed is approved
by the City in conjunction with a development plan.
For purposes of counting vehicles, a camper mount-
ed on a pickup truck is considered one vehicle, and
other similarly vertically stacked components which
belong together shall be counted as a single vehicle.
Horizontal groupings shall be counted as two vehi-
cles.
b. Any open vehicle containing trash or debris is
not permitted.
334-1 (Cupertino ~z-~~
11.29.040
c. Any commercial vehicle with a manufacturer's
gross vehicle weight rating of ten thousand pounds
or more, or a total combination of motor truck,
truck tractor and/or trailers that exceeds sixty feet
in length is not permitted.
d. No portion of any vehicle may overhang any
public right-of--way.
e. All vehicles must be pazked on an impervious
surface consisting of concrete, asphalt or other like
materials. Such impervious surface may not exceed
fifty percent of the front yard setback area, unless
a greater azea is approved by the City in conjunction
with a development plan. The impervious surface
must be contiguous and, at a minimum, encompass
the outline of the vehicle.
f. All vehicles must be currently registered,
where registration is required for legal operation,
and in good operating condition.
g. Except on lots with circulaz driveways which
confonm to the provisions of this code, all vehicles
pazked in the front or street side yazd setback azea
must be pazked perpendiculaz to the street. On lots
with circular driveways which conform to the provi-
sions of this code, all vehicles pazked in the front
or street side yazd setback azea are limited to less
than twenty feet in length, unless pazked perpendic-
ular to the street. Owners of vehicles made noncon-
forming by the adoption of this section shall comply
with this provision within two years of its enact-
ment.
2. Area Outside of Front of Street Side Setback
Area. Vehicles aze permitted to be placed, kept or
pazked in any yazd area, excluding those yazd azeas
regulated by paragraph (1) of subsection (A) of this
section, provided athree-foot minimum cleazance is
maintained to any structures.
3. Pazking Within Structures. Vehicles are per-
mitted to be placed, kept or parked in any legal
structure, provided that no more than one required
enclosed parking space is occupied by a vehicle not
capable of being propelled under its own power.
4. Non-Self-Propelled Vehicles. A maximum of
two vehicles not capable of being propelled under
their own power is permitted to be placed, kept or
parked outside a legal structure.
5. Living or Sleeping Quarters. No vehicle shall
be used for living or sleeping quarters, except as
permitted below:
a. Vehicles located in a mobilehome park and
used consistent with any City regulations applicable
to mobilehome parks;
b. Trailers, campers or recreational vehicles may
be used by a bona fide guest of a City resident for
a period not to exceed seventy-two hours where the
trailer, camper or recreational vehicle is located on
such resident's property.
6. Mobilehomes. Mobilehomes, excluding travel
trailers, are not permitted within the residential
zones of the City, except in a mobilehome pazk or
as provided by State law.
7. Construction Trailers. Trailers used for tempo-
rary offices or storage on construction projects may
be allowed only on the prior issuance of a permit by
the City Building Department based upon the receipt
of satisfactory information that the use is in compli-
ance with the conditions of this chapter.
B. Vehicles Permitted in Nonresidential Zones.
1. Pazking Must be Consistent with Allowed
Uses in Zone. It shall be unlawful for any person to
place, keep or maintain or permit to be placed, kept
or maintained any vehicle upon any lot, piece or
pazcel of land within the nonresidential zones of the
City, except for storage, sale or business use as
permitted in such zones.
2. Construction Trailers. Trailers used for tempo-
rary offices on construction projects may be allowed
only on the prior issuance of a permit by the City
Building Department based upon the receipt of
satisfactory information that the use is incompliance
with the conditions of this chapter.
C. Loading and Unloading and Utility Vehicles.
The provisions of this chapter shall not apply to
active loading or unloading of any vehicle, or to any
public service or utility company vehicle while in
the performance of service or maintenance work.
D. Parking on Vacant Lots. No vehicle may be
pazked, kept or stored upon any vacant or unim-
proved parcel within the City. (Ord. 1650 (part),
1994; Ord. 1585 § 1 (part), 1992: Ord. 1345 § 5,
1986)
cc~pectino ~z-s6> 334-2
11.29.050
11.29.050 Penalties.
Any person, firm or corporation violating any
provision of this chapter shall be deemed guilty of
an infraction and upon conviction thereof shall be
punished as provided in Chapter 1.12. (Ord. 1585
§ 1 (part), 1992: Ord. 1345 § 6, 1986)
334-3 (Cupertino 12-96)
11.32.080
11.32.080 Exceptions-Types of vehicles.
The provisions of this chapter shall not apply to
any of the following:
A. Passenger buses under the jurisdiction of the
Public Utilities Commission of California, and
school buses;
B. Any authorized emergency vehicle as defined
in Section 165 of the Vehicle Code of California, or
as hereafter amended;
C. Any vehicle owned, leased, operated or con-
trolled by:
1. The City of Cupertino,
2. A public utility or licensed contractor while
necessarily in use in the construction, installation,
or in repair of any public utility, within the City,
3. The holder of a franchise issued by the City
for the removal of garbage, waste or refuse, and
4. Any licensed contractor while necessarily in
the construction, maintenance, or repair of a public
works project on which bids were opened by the
City prior to the adoption of the ordinance codified
in this chapter unless an alternate direct route is
provided substantially within the City. (Ord. 833 §
9, 1977)
11.32.090 Violation-Penalty.
Any person, firm, or corporation violating any of
the provisions of this chapter shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall
be punished as provided in Chapter 1.12 of this
code. (Ord. 1731 (part), 1996: Ord. 1196 § 1, 1982:
Ord. 1179 § 2 (part), 1982: Ord. 833 § 11, 1977)
=s39 cc~~~~ iz-~~
11.34.010
Chapter 11.34
ROADWAY DESIGN FEATURES
Sections:
11.34.010 Road bump-Definition.
11.34.020 Administrative authority.
11.34.030 Warrants for the installation
and maintenance of road
bumps.
11.34.010 Road bump-Definition.
A road bump is a vertical rise in the surface of
the pavement of three to three and one-half inches
at its midpoint. The profile is generally circulaz and
twelve feet in length. There is no vertical displace-
ment at the start or finish of the road bump. The
shape is consistent for the full width of the pave-
ment except for the last two feet at each end. The
ends will be tapered so that they aze flush with the
roadway at the edge of pavement or at the lip of a
gutter. (Ord. 1430 (part), 1987)
11.34.020 Administrative authority.
There are conferred upon the City Manager those
powers and duties necessary for the administration
of this chapter. In addition, there is also conferred
upon the City Manager the authority and power to
designate such officers and employees of the City,
and of other cooperating public agencies, such as
the Sheriff's Department, as may be required to
assist him in carrying out the intent and purpose of
this chapter. (Ord. 1430 (part), 1987)
11.34.030 Warrants for the installation and
maintenance of road bumps.
Road bumps may be installed and maintained on
streets where all of the following criteria have been
and continue to be satisfied.
A. The street is a neighborhood residential street
as defined by the California Vehicle Code or by
City Council actions.
B. The street is no wider than forty feet from
curb to curb or from edge of pavement to edge of
pavement.
C. The street contains no more than one lane in
each direction.
D. A speed limit of twenty-five miles per hour
has been established in conformance with State law.
E. The street is not a truck route or a transit bus
route.
F. The street has an average annual daily traffic
volume of less than four thousand vehicles.
G. The street has a maximum grade of five
percent or less for any segment between intersec-
tions.
H. The minimum distance from an intersection
or curve to the road bump shall be two hundred
feet.
I. The spacing between road bumps shall be a
minimum of four hundred feet and a maximum of
five hundred fifty feet.
J. The road bump is visible for a distance of
two hundred feet. (Ord. 1430 (part), 1987)
(cup«tino 12-~) 340
11.37.010
Chapter 11.37
OVERWEIGHT VEHICLE PERMIT
Sections:
11.37.010 Purpose.
11.37.020 Application.
11.37.030 Form of application for special
permit.
11.37.040 Fee for processing application.
11.37.050 Issuance of special permit.
11.37.060 Restrictions.
11.37.070 Appeals.
11.37.010 Purpose.
The purpose of this chapter is to set forth the
form and necessary fees for filing an application for
a special permit authorizing the applicant to operate
or move a vehicle or combination of vehicles of a
size or weight or with a load exceeding the maxi-
mum asspecified by the California Vehicle Code.
(Ord. 1538 § 1 (part), 1990)
11.37.020 Application.
This chapter shall apply to any vehicle which
exceeds the size, weight and load allowances as set
forth in Division 15 of the California Vehicle Code.
(Ord. 1538 § 1 (part), 1990)
11.37.030 Form of application for special
permit.
Any applicant who is subject to this chapter and
wishes a special permit authorizing the applicant to,
with respect to streets and highways under
Cupertino's jurisdiction, operate or move a vehicle
or combination of vehicles or special mobile equip-
ment of a size or weight of vehicle or load exceed-
ing the maximum specified in Division 15 of the
California Vehicle Code, shall submit an application
in the form as set forth in California Vehicle Code
-Section 35781, attached to the ordinance codified in
this chapter as Exhibit A, which form application
shall be available from the Cupertino Department of
Public Works. (Ord. 1538 § 1 (part), 1990)
11.37.040 Fee for processing application.
A. The fees for processing and issuing a special
permit pursuant to this chapter shall be as authorized
by CVC Section 35795(b) "and shall not exceed the
fee schedule developed by the Department of Trans-
portation."
B. The chazge per permit issued for repetitive
loads of ten or more trips will be the same amount
as is charged for the annual permit. To qualify as a
repetitive load, the commodity must be of the same
size and description, with evidence presented with
the application of the anticipated number of loads
and an estimate of the anticipated total time in-
volved in the shipment. This type of permit shall
also be limited to travel from the specified point of
origin to the destination, i.e., restricted haul from
point A to point B only. No charge shall be imposed
on governmental agencies using their own equip-
ment. Special services necessitated by unusually
lazge or heavy loads requiring engineering investiga-
tions, escorts, tree trimming or other services shall
be billed separately. (Ord. 1629, 1993: Ord. 1538 §
1 (part), 1990)
11.37.050 Issuance of special permit.
The Director of Public Works may, at his or her
discretion, upon the submittal of a complete applica-
tion and if good cause appears, issue a special per-
mit authorizing the applicant to operate or move a
vehicle or combination of vehicles or special mobile
equipment of a size and a weight of vehicle or load
exceeding the maximum specified in Division 15 of
the California Vehicle Code. (Ord. 1538 § 1 (part),
1990)
11.37.060 Restrictions.
The Director of Public Works may withhold a
special permit or, if the special permit is issued,
limit the number of trips or establish seasonal or
other time limitations within which the vehicle or
vehicles described in this chapter may be operated,
or otherwise limit or prescribe conditions of opera-
tion, when necessary to assure against undue damag-
es to the road foundations, surfaces, structures, or
roadside and overhead facilities, and may require an
342-1 (Cupertino ~2-~)
11.37.060
undertaking or other security necessary to protect
the streets and highways from injury or to provide
indemnity from any injury resulting from the opera-
tion of the vehicle. (Ord. 1538 § 1 (part), 1990)
11.37.070 Appeals.
A. Any person aggrieved by a decision of the
Director of Public Works under the provisions of
this chapter may appeal such decision to the City
Council by filing a written notice of the appeal with
the City Clerk within five days after the date of the
decision.
B. Said notice of appeal must state:
1. The asserted error;
2. The grounds upon which said appeal is taken;
and
3. The name and address of the party appealing.
Said notice of appeal must be signed by the party
appealing, or by his agent. Said notice of appeal
shall not be effective unless it is filed with the City
Clerk within the time required by subsection A of
this section.
C. A public hearing shall be held by the City
Council within thirty days from the date of the
filing of the notice.
D. Notice of the time and place of the hearing
shall be given by mail, postage prepaid, and dis-
patched not less than ten days prior to the hearing
to the applicant at his address as shown upon the
notice of appeal.
E. The City Council shall heaz the appeal. At the
conclusion of the hearing, the Council may affirm,
reverse or modify the action appealed; subject,
however, to the provisions of this chapter. The
findings and decisions of the City Council shall be
entered upon the minutes of the City Council, and
the decision shall be final and shall take effect as
directed by the City Council. (Ord. 1538 § 1 (part),
1990)
(Cupertino 12-96) 342-2
Title 14
STREETS, SIDEWALKS AND LANDSCAPING
Chapters:
14.04 Street Improvements
14.05 Park Maintenance Fees
14.08 Obstruction of Streets
14.12 Trees
14.15 Xeriscape Landscaping
14.18 Heritage and Specimen Trees
14.20 Underground Utilities-Conversions
14.24 Underground Utilities-New Developments
355 (Cupertino 12-96)
14.05.010
Chapter 14.05
PARK MAINTENANCE FEES
Sections:
14.05.010 Definitions.
14.05.020 Application of chapter.
14.05.030 General purpose and intent.
14.05.040 Requirements-General.
14.05.050 Credit.
14.05.060 Standards for amount of fee.
14.05.070 Determination of fee.
14.05.080 Exceptions.
14.05.090 Appeals.
14.05.100 Use of fees.
14.05.110 Fee review.
14.05.120 Chapter conformance required.
14.05.125 Pending building permit
applications.
14.05.010 Definitions.
As used in this chapter:
A. "Single lot development" means the erection
or construction of any building or structure within
all zones, permitting residential uses for which a
building permit, use permit or azchitectural and site
approval is required by the City, but which develop-
ment is not a subdivision as defined by the Subdivi-
sion Map Act of the State of California.
B. "Erection" or "construction" as used in this
chapter is established where a new residential build-
ing or structure is built upon a pazcel of land, within
all zones permitting residential uses.
C. "Park and recreation facilities" means any
neighborhood or community facilities as defined
within the Environmental Resources Element of the
City of Cupertino General Plan and amendments
thereto (hereinafter referred to as the "Environmen-
tal Resources Element of the General Plan"). (Ord.
1479 § 2 (part), 1989)
14.05.020 Application of chapter.
Nothing contained in this chapter shall be con-
strued to apply to the subdivision of land as defined
by the Subdivision Map Act of the State of Califor-
nia; nor shall anything contained in this chapter be
construed to apply to the remodeling, addition to or
repairing of any building or structure subject to the
provisions of this chapter; nor shall anything con-
tained in this chapter be construed to limit the City's
power to require fees or land dedication for park or
recreation purposes as a condition of approval of a
tentative map or pazcel map pursuant to the Subdivi-
sion Map Act of the State of California or the City's
Subdivision Ordinance. (Ord. 1479 § 2 (part), 1989)
14.05.030 General purpose and intent.
A. The purpose of this fee is to fmance the
establishment, rehabilitation and maintenance of
neighborhood and community pazks and recreation
facilities in order to reduce the impacts of declining
open space within the City created by new single-lot
residential development within the City.
B. The Park and Recreation Facilities Acquisi-
tion and Maintenance Fees collected pursuant to this
chapter shall be used solely to fmance the acquisi-
tion and maintenance of pazks and recreation facili-
ties asdescribed or identified in the Environmental
Resources Element of the General Plan.
C. The City Council further finds that new de-
velopment in the City's residential azeas will gener-
ate additional demand for and use of parks and
recreation facilities within Cupertino.
D. There is a need in the City to establish addi-
tional parks and recreation facilities, and to rehabili-
tate and maintain existing pazks and recreation facil-
ities, but the developers of single-lot developments
within the City have not contributed their fair shaze
towazds these pazks and recreation costs and said
costs are called for in or aze consistent with the
City's Environmental Resources Element of the
General Plan.
E. The facts and evidence presented establish
that there is a reasonable relationship between the
need for the described parks and recreation facilities
and the impacts of single-lot development described
herein, for which the conresponding fee is charged,
and there is also a reasonable relationship between
the fee's use and the type of development for which
the fee is charged, as these reasonable relationships
368-1 cc~~moo ~2-~>
14.05.030
or nexes are described in more detail in the Staff
Report dated December 12, 1988 and presented to
the City Council by the Director of Public Works.
The City Council further finds that unless measures
are taken to provide for all citizens of the City to
pay their fair share of the creation, maintenance and
rehabilitation of parks and recreation facilities, the
citizens of the City will suffer from detrimental
effects upon the public convenience and welfare of
the community. Therefore, the provisions of this
chapter aze intended to define the requirements,
policies and procedures for the collection of fees in
connection with the establishment, maintenance and
rehabilitation of parks and recreation facilities in
order to:
1. Protect the vested interest of the public in the
promotion of establishing, maintaining and rehabili-
tating both neighborhood and community parks and
recreation facilities;
2. Spread the costs of establishing, maintaining
and rehabilitating neighborhood parks and recreation
facilities upon the owners within the respective
neighborhood park service area as defined in the
Environmental Resources Element of the General
Plan;
3. Promote the establishment, maintenance and
rehabilitation of neighborhood and community pazks
and recreation facilities in the most economically
feasible manner to both the City and the citizens of
the City; and
4. Protect the public safety, living standazds, and
common welfaze of the general public. (Ord. 1479
§ 2 (part), 1989)
14.05.040 Requirements-General.
Any person who proposes to erect or construct
any building or structure for which a building per-
mit is required by the City, or who seeks a use
permit or architectural and site approval from the
City, must pay a fee, as determined under the provi-
sions of this chapter, for the establishment, mainte-
nance and rehabilitation of parks and recreation
facilities within the City. Said fee shall be a condi-
tion precedent to the issuance of any required build-
ing permit, use permit, or architectural approval.
(Ord. 1479 § 2 (part), 1989)
14.05.050 Credit.
Any person, or his successor in interest, who has
paid fees of the type required by this chapter or by
Article 6, Title 18 of the Municipal Code prior to
the effective date of the ordinance codified in this
chapter, shall receive credit therefor as provided in
this chapter. No person shall receive a credit in
excess of the amount of the fee required by this
chapter. (Ord. 1479 § 2 (part), 1989)
14.05.060 Standards for amount of fee.
A. General Standard. The public interest, conve-
nience, health, welfare and safety require that three
acres of property for each one thousand persons be
devoted for neighborhood and community park and
recreational purposes.
B. Formula. All persons subject to this chapter
shall pay a fee in an amount equal to that as provid-
ed in the following formula:
Park Acreage Standard x Average number of x value per
1,000 population persons per acre
residential dwelling
unit
Thus,
fee = ~x 3.5) (value per acre)
l,ooo
for single-family development. (Ord. 1479 § 2
(part), 1989)
14.05.070 Determination of fee.
When a fee is required to be paid under the pro-
visions of this chapter, the amount of the fee shall
be determined by the Director of Public Works,
pursuant to Section 14.05.060. The "value per acre"
portion of the fee shall be based upon the fair maz-
ket value of the subject property determined by
reference to comparable land within the general
subject property. As used herein, the term "compara-
ble" means land of similar size and development
potential as the subject property. The date of the
valuation of the property shall be the date that the
(Cupertino 12-96) 368-2
14.05.070
owner of the subject property or his agent submits
an application for issuance of a building permit, use
permit or architectural and site approval, whichever
event occurs first.
If the owner objects to the fair market value
determination made by the Director of Public
Works, he or she may, at his or her own expense,
obtain an appraisal of the property by a qualified
real estate appraiser approved by the city, which
appraisal of fair market value may be accepted by
the City Council, if found reasonable. Alternatively,
the City and the owner may agree as to the fair
market value without reference to a formal apprais-
al. (Ord. 1731 (part), 1996: Ord. 1479 § 2 (part),
1989)
14.05.080 Exceptions.
A. Upon application for an exception, the De-
partment of Public Works may recommend that the
City Council authorize a conditional exception to
any of the requirements and regulations set forth in
this chapter, provided that the following facts aze
found:
1. That there aze special circumstances and
conditions affecting the subject property; and
2. That the exception will not be detrimental to
the public welfaze. (Ord. 1479 § 2 (part), 1989)
14.05.090 Appeals.
A. Any person aggrieved by a decision of any
officer, department or commission of the City under
the provisions of this chapter may appeal the deci-
sion to the City Council by filing written notice of
the appeal with the City Clerk within thirty days
after the date of the decision; except that, when an
application for exception by filing for a use permit
is made, no appeal will be accepted or necessary,
since the City Council will hear the matter in due
course.
B. Such notice of appeal must state:
1. The asserted error;
2. The grounds upon which the appeal is taken;
and
3. The name and address of the party appealing.
Such notice of appeal must be signed by the party
appealing, or by his agent. The notice of appeal
shall not be effective unless it is filed with the City
Clerk within the time required by subsection A of
this section.
C. A public hearing shall be held by the City
Council within thirty days from the date of the
filing of the notice.
D. Notice of the time and place of the hearing
shall be given by mail, postage prepaid, and dis-
patched not less than ten days prior to the hearing
to the applicant at his address as shown upon the
notice of appeal.
E. The City Council shall hear the appeal. At the
conclusion of the hearing, the Council may affirm,
reverse or modify the action appealed; subject,
however, to the provisions of this chapter. The
findings and decisions of the City Council shall be
entered upon the minutes of the City Council, and
the decision shall be final and shall take effect as
directed by the City Council. (Ord. 1479 § 2 (part),
1989)
14.05.100 Use of fees.
The money collected under this chapter shall be
paid to the Treasurer of the City or his authorized
agent. Said money shall be placed in a special reve-
nue fund which is hereby created and which shall
be known as the Pazk and Recreation Facilities
Acquisition and Maintenance Fund. Moneys within
this fund shall be used and expended solely for the
acquisition, improvement, maintenance, rehabilita-
tion, expansion or implementation of parks and
recreational facilities reasonably related to serving
residential neighborhoods by way of the purchase of
necessary land, or, if the City Council deems that
there is sufficient land available within a given
neighborhood, then secondly said moneys shall be
used for improving, maintaining and rehabilitating
such land for park and recreational purposes. (Ord.
1479 § 2 (part), 1989)
14.05.110 Fee review.
On or about the beginning of each fiscal year, the
368-3 cc~~wno 12-96)
14.05.110
Public Works Department shall review the estimated
cost of existing and needed parks and recreation
facilities, the continued need for the establishment
and maintenance of such facilities, and the reason-
able relationship between such need and the impacts
upon the various types of development pending or
anticipated and for which this fee is chazged. The
Public Works Director shall report his findings to
the City Council at a noticed public hearing. (Ord.
1479 § 2 (part), 1989)
14.05.120 Chapter conformance required.
All departments, officials and employees of the
City vested with the duty or authority to issue per-
mits shall conform to the provisions of this chapter,
and shall not issue any permit, certificate or license
for use or building, or for purposes in conflict with
the provisions of this chapter. Any such permit,
certificate or license issued in conflict with the
provisions of this chapter shall be null and void.
(Ord. 1479 § 2 (part), 1989)
14.05.125 Pending building permit
applications.
The provisions of this chapter shall not apply to
building permits issued upon applications which
were filed prior to January 17, 1989. (Ord. 1479 §
2 (part), 1989)
ccu~~ ~z-~> 368-4
14.08.060
7. No work shall be deemed completed until
final approval thereof is made in writing by the City
Manager.
8. Applicant may be required to indemnify and
save harmless the City, its officers and employees
from any suits, claims or sections brought by any
person or persons for or on account of any injuries
or damages sustained or arising out of the excava-
tions covered by this section.
9. Applicant shall maintain the condition of his
excavation and pavement restoration to the satisfac-
tion of the City Manager. (Ord. 130 Art. 1 § 3.4,
1960)
14.08.070 Depositing of dirt, rocks, etc. on
City highways.
A. No person shall place, deposit, or dump, or
cause to be placed, deposited, or dumped, any dirt,
rocks, gravel, mud, or any other objects of any
nature or description on the traveled portions of any
City highway.
B. The City Manager may remove any such dirt,
rocks, gravel, mud, or any other objects of any
nature or description from the traveled portions of
any City highway, and the person, or the principal
or employer of the person, causing such dirt, rocks,
gravel, mud or any other objects to be placed, de-
posited, or dumped on such City highway shall be
liable to the City for any expense in connection with
the removal thereof.
C. The provisions of the foregoing subsections
are not intended to conflict with but shall supple-
ment all the laws of the state of California relative
to the obstruction of public highways. (Ord. 130
Art. 1 § 4, 1960)
14.08.080 Operation of cleated vehicles on
highways-Prohibited.
No person shall drive, operate, tow, or otherwise
transport any cleated vehicle on, upon, or across any
City highway in a manner which permits or causes
the cleats of such vehicles to come into contact with
the paved portion of the highway. (Ord. 130 Art. 1
§ 5, 1960)
14.08.090 Applicability.
The provisions of this chapter shall not apply nor
shall an application for excavation or encroachment
permit be required for:
A. The installation of a pole or poles by duly
franchised public utility corporations except where
a pole is removed from or placed in existing con-
crete or macadamized work on public right-of--way;
B. Emergency work that must be commenced or
done before it is possible to obtain the necessary
permit as required by this chapter; provided, howev-
er, that the application and permit is made and
obtained not later than the following working day
after commencement of the emergency work. (Ord.
130 Art. 1 § 6, 1960)
14.08.100 Violation-Penalty.
Any person who violates the provisions of this
chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12. (Ord. 1179 § 2 (part), 1982: Ord. 130
Art. 2 § 1, 1960)
373 (Cupertino 12-96)
14.12.010
Chapter 14.12
TREES*
Sections:
14.12.010 Purpose.
14.12.020 Definitions.
14.12.030 Enforcement.
14.12.035 Compliance required.
14.12.040 Master tree list.
14.12.050 Planting specifications.
14.12.055 Tree maintenance.
14.12.060 Tree care-Permit required.
14.12.070 Public utilities-Tree trimming
permit.
14.12.080 Tree trimming business-
License required.
14.12.085 Removal notice.
14.12.090 Replacement tree-Deposit.
14.12.095 Tree destruction unlawful.
14.12.100 Nuisance-Liability.
14.12.110 Condition for building permit.
14.12.120 Fee.
14.12.130 Appeal-Hearing.
14.12.140 Violation-Penalty.
* For statutory provisions regarding the authority and duties of local
officials with respect to the planting, care and removal of trees, see
Streets and Highways Code § 22000 et seq.
14.12.010 Purpose.
It is for the best interests of the City and of the
citizens and public thereof that a comprehensive
plan for the purchase, planting and maintenance of
trees in or which may overhang public streets within
the City should be developed and established; and
that this chapter is adopted, therefore, for the pur-
pose of developing and providing for such a plan
and program, and for establishing rules and regula-
tions relating to the planting, care and maintenance
of such trees; for the purpose of providing for the
continued maintenance of the trees until such main-
tenance is relinquished to the person having control
of the abutting property; and to provide for the
funds to implement this purpose by establishing a
requirement for the payment of a fee as a condition
to the issuance of a building permit, when applica-
ble. (Ord. 1731 (part), 1996: Ord. 125 § 1, 1968)
14.12.020 Definitions.
A. "Person" as used in this chapter includes an
individual, a firm, an association, a corporation, a
copartnership, and the lessees, trustees, receivers,
agents, servants and employees of any such person.
B. "City" means the City of Cupertino situated
in the County of Santa Claza, California.
C. "Public streets" or "streets" includes all roads,
streets, avenues, boulevards, alleys, parkways and
public rights-of-way, or any portion thereof, of the
City.
D. "Owner" includes the legal owner of real
property fronting on any street of the City, and any
lessee of such owner. (Ord. 125 § 2, 1968)
14.12.030 Enforcement.
The City Manager, or his duly authorized repre-
sentative, shall be charged with the enforcement of
this chapter. (Ord. 125 § 4, 1968)
14.12.035 Compliance required.
No trees or shrubs shall be planted in any public
area, as defined in this chapter, without first secur-
ingpermission from the City Manager and thereafter
complying with all provisions of Sections 14.12.010
through 14.12.130 applicable thereto and the rules
and regulations of the City Manager. (Ord. 1731
(part), 1996)
14.12.040 Master tree list.
The City Manager, or his duly authorized repre-
sentative, is charged with the duty of promptly
determining the types and species of trees suitable
and desirable for planting and the azeas in which the
conditions under which such trees shall be planted
in or which may overhang the public street within
the City. Such determination shall be made by con-
sulting with those familiar with the subject of such
plantings, such as landscape architects, azborists,
nurserymen and park executives. When such deter-
mination has been made the list shall be reported to
the City Council. When approved by the City Coun-
(Cupertino 12-96) 374
14.12.040
cil the report shall be known as the master tree list,
shall be placed on file in the office of the City
Clerk, and shall thereafter be the official determina-
tion for the planting of trees. Revisions or changes
in the master tree list may be made from time to
time by the City Manager, in the manner described
hereinabove for the development, approval and
filing of the original master tree list. All trees here-
after planted in or which may overhang the public
streets of the City must be on the master tree list
unless a written permit from the City Manager has
first been obtained to plant a tree not on the list.
Such permit may be granted by the City Manager
after he has determined by investigation that the tree
complies with the tree requirements of the master
tree list. (Ord. 125 § 5, 1968)
14.12.050 Planting specifications.
The City Manager, or his duly authorized repre-
sentative, shall have jurisdiction and control of the
planting, setting out, location and placement of all
trees in the public ways of the City, and shall see
that specie is uniformly planted in a given block and
shall likewise have supervision, direction and con-
trol of the care, trimming, removal, relocation and
replacement thereof. Planting shall conform to the
following specifications: Hole shall be two times
container size and shall be backfilled with a mix of:
one part peat moss
one part steer manure
six parts soil
Tree shall be staked with a redwood stake two inch-
es by two inches by eight feet and shall have a
minimum of two supporting ties. Tree shall be
pruned to develop limb heights that will not inter-
fere with street traffic or pedestrian rights-of--way.
(Ord. 125 § 6, 1968)
14.12.055 Tree maintenance.
The City and its residents share in the caze and
maintenance of street trees.
A. Property owners aze responsible for watering
trees in the right-of--way in front of their homes.
B. Property owners are responsible for notifying
the City of hazardous or damaged trees in the right-
of-way in front of their homes. (Ord. 1731 (part),
1996)
14.12.060 Tree care-Permit required.
It is unlawful and it is prohibited for any person
other than the City Manager or his duly authorized
agent or deputy to cut, trim, prune, spray, brace,
plant, move, remove, or replace any tree in any
public street within the City, or to cause the same
to be done, unless and until a written permit so to
do shall have first been obtained from the City
Manager. Any such permit may be declazed void by
the City Manager if its terms aze violated. (Ord. 125
§ 9, 1968)
14.12.070 Public utilities-Tree trimming
permit.
Any person doing business as a public utility
subject to the jurisdiction of the Public Utilities
Commission of the state of California and any duly
constituted public agency authorized to provide and
providing utility service, shall be given a permit
from the City Manager, valid for one year from the
date of issuance, permitting such person to trim,
brace, remove or perform such other acts with re-
spect to trees growing adjacent to the public street
of the City or which grow upon private property to
the extent that they encroach upon such public
streets as may be necessary to comply with the
safety regulations of said Commission and as may
be necessary to maintain the safe operation of its
business. Permittee shall be required to have persons
who are qualified to perform the work of tree trim-
ming and maintenance. Indiscriminate trimming or
tree butchering will not be permitted. (Ord. 125 §
10, 1968)
14.12.080 Tree trimming business-License
required.
No person other than an owner or public utility
may do any act for which a permit is required ex-
cept aperson whose principal business is tree sur-
gery, trimming or maintenance and who, in the
opinion of the City Manager, is qualified for such
business, and who has obtained a business license
.375 (C~pertino 12-96)
14.12.080
to carry on such business in the City from the City
Clerk. (Ord. 125 § 11, 1968)
14.12.085 Removal notice.
No person shall remove any tree or shrub from
a public azea without fast obtaining a permit in
writing from the City Manager; provided, however,
that a property owner shall remove a tree or shrub
from the planting azea fronting his property when
directed to do so by the City Manager by notice in
writing, signed by the City Manager, whenever such
tree or shrub is dead or dying or when, in the opin-
ion of the City Manager, the continued existence of
such tree or shrub creates a dangerous or defective
condition .upon public property. (Ord. 1731 (part),
1996)
14.12.090 Replacement tree-Deposit.
The City Manager may as a condition of granting
a permit for removal of a tree or shrub require the
permittee to replant or replace a tree or shrub in the
planting azea; that upon making such application,
the permittee shall deposit with the City Manager
the sum of twenty-five dollars to secure replacement
by an approved tree.
Should replacement not be made in one month,
the deposit shall be forfeited and the City shall use
the deposit to make a proper replacement without
further notice to the permittee. (Ord. 1731 (part),
1996)
14.12.095 Tree destruction unlawful.
It is unlawful for any person to break, injure,
deface, mutilate, kill, or destroy any tree or set fire
or permit any fire to bum where such fire or the
heat thereof will injure any portion of any tree in
any public street in the City, nor shall any person
place, apply, attach, or keep attached to any such
tree or to the guazd or stake intended for the protec-
tion thereof any wire, rope (other than one used to
support a young or broken tree), sign, paint, or any
other substance, structure, thing or device of any
kind or nature whatsoever. (Ord. 125 § 12, 1968)
14.12.100 Nuisance-Liability.
A. An authorized employee may inspect any tree
adjacent to or overhanging any public street in the
City to determine whether the same or any portion
thereof is in such a condition as to constitute a
hazazd or impediment to the progress or vision of
anyone traveling on such public street. Any tree or
part thereof growing upon private property but over-
hanging or interfering with the use of any street that
in the opinion of the authorized employee endangers
the life, health, safety, or property of the public
shall be declazed a public nuisance. If the owner of
such private property does not correct or remove
such nuisance within ten days after- receipt of writ-
ten notice thereof from the City Manager, the City
Manager shall cause the nuisance to be convected or
removed and the cost shall be assessed to such
owner.
B. Nothing contained herein shall be deemed to
impose any liability upon the City, its officers, or
employees, nor to relieve the owner of any private
property from the duty to keep any tree upon his
property or under his control in such a condition as
to prevent it from constituting a public nuisance as
hereinabove deemed. (Ord. 125 § 13, 1968)
14.12.110 Condition for building permit.
Every person who constructs, remodels or alters
any dwelling, commercial or industrial property, or
who constructs on any unimproved land or property
abutting a public street where approved trees from
the master tree list do not exist shall pay the re-
quired fee for the purchase, planting and mainte-
nance of the trees by the City, until responsibility
for such maintenance is relinquished to that person
having control of the property, prior to the issuance
of a building permit. (Ord. 1731 (part), 1996)
14.12.120 Fee.
The required fee for the City to purchase, plant
and maintain street trees shall be fifteen dollazs per
tree which shall be collected by the Chief Building
Inspector for deposit into the City's general fund
prior to the issuance of a building permit. (Ord.
1731 (part), 1996)
(~P«~~ ~2-~> 376
14.12.130
14.12.130 Appeal-Hearing.
Any person aggrieved by an act or determination
of the City Manager in the exercise of the authority
herein granted shall have the right of appeal to the
City Council, whose decision, after public hearing
of said matter, shall be final and conclusive. (Ord.
125 § 14, 1968)
14.12.140 Violation-Penalty.
Any person violating Sections 14.12.085 or
14.12.090 or otherwise removing, or wilfully dam-
aging or destroying any tree or shrub in any public
right-of-way without obtaining the permits provided
for in this chapter shall be guilty of a misdemeanor
and upon conviction thereof shall be punished as
provided in Chapter 1.12.
Any person who violates any other provision of
this chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12. (Ord. 1731 (part), 1996: Ord. 125 §
15, 1968)
:i76-1 (Cupertino 12-96)
14.15.010
Chapter 14.15
XERISCAPE LANDSCAPING
Sections:
14.15.010 Purpose.
14.15.020 Definitions.
14.15.030 Applicability.
14.15.040 Exception-Exemption.
14.15.050 Provision for new and
rehabilitated landscapes.
14.15.060 Appeal.
14.15.070 Violation-Penalty.
14.15.010 Purpose.
The City Council adopted Resolutions 1587 and
8387 to establish water rate increases and restric-
tions for the conservation of water with a specific
goal of reducing water consumption. In an effort to
conserve landscape irrigation water, these landscape
and irrigation design perimeters aze prepazed. In
addition, these guidelines will provide more specific
direction for project developers and consultants
preparing landscaping plans as well as city staff and
commission council members who will review these
plans. The guidelines are intended to be long-term
policy, irrespective of prevailing climatic conditions.
By following these criteria, the City will be better
prepared for periods of low precipitation and water
shortage that may occur in the future. This chapter
is adopted based on the following findings:
A. The State Legislature has found:
1. That the limited supply of state waters is sub-
ject to ever increasing demands;
2. That California's economic prosperity de-
pends on adequate supplies of water;
3. The State policy promotes conservation and
efficient use of water;
4. The landscapes provide recreation areas,
cleaner air and water, prevent erosion, offer fire
protection and replace ecosystems displaced by
developments;
5. That the landscape design installation and
maintenance can and should be water efficient.
B. Consistent with the legislative findings the
purpose of this chapter is to:
1. Promote the values and benefits of landscapes
while recognizing the need to invest water and other
resources as efficiently as possible;
2. Establish a structure for designing, installing,
and maintaining water-efficient landscapes in new
projects;
3. Establish provisions for water management
practices and water waste prevention for established
landscapes. (Ord. 1615 (part), 1993)
14.15.020 Definitions.
For the purposes of this chapter:
"Anti-drain valve" or "check valve" means a
valve located under a sprinkler head to hold water
in the system so it minimizes drainage from the
lower elevation sprinkler heads.
"Application rate" means the depth of water
applied to a given azea, usually measured in inches
per hour.
"Applied water" means the portion of water sup-
plied by the irrigation system and the landscape.
"Automatic controller" means mechanical or solid
state timer capable of operating valve stations to set
the days and length of time of a water application.
"Backflow prevention device" means a safety
device used to prevent pollution or contamination
of the water supplied due to the reverse flow of
water from the imgation system.
"Cemetery" means a burial ground for burying
the dead.
"Ecological restoration project" means a project
intentionally altered to establish a defined indige-
nous, historic ecosystem.
"Effective precipitation" or "usable rainfall"
means the portion of total precipitation that is used
by the plants. Precipitation is not a reliable source
of water, but can contribute to some degree towazd
the water needs of the landscape. For the purpose
of this document, "effective precipitation" istwenty-
five percent of local annual mean precipitation.
"Emitter" means drip irrigation fittings that deliv-
er water slowly from the system to the soil.
(Cupertino 12-96) 376-2
14.15.020
"Established landscape" means the point at which
plants in the landscape have developed roots into the
soil adjacent to the root bulb.
"Establishment" means the first year after install-
ing the plant in the landscape.
"Estimated applied water use" means the portion
of the estimated total water use that is derived from
applied water. The estimated applied water use shall
not exceed the maximum applied water allowance.
"Estimated total water use" means the annual
total amount of water estimated to be needed to
keep the plants in the landscaped azea healthy. It is
based upon such factors as the local evapotrans-
piration rate, the size of the landscaped area, the
types of plants and the efficiency of the irrigation
system.
"ET adjustment factor" means a factor of 0.8,
that, when applied to referenced evapotranspiration,
adjusts for plant factors and irrigation efficiency,
two major influences upon the amount of water that
needs to be applied to the landscape. A combined
plant mix with the site-wide average of 0.5 is the
basis of the plant factor portion of this calculation.
The irrigation efficiency proposed of the ET adjust-
ment factor is 0.625.
"Evapotranspiration" means the quantity of water
evaporated from adjacent soils surfaces and tran-
spired by plants during a specific time.
"Flow-rate" means the rate in which water flows
through pipes and valves (gallons per minute or
cubic feet per second).
"Infiltration rate" means the rate of water entry
into the soil expressed as a depth of water per unit
of time (inches per hour).
"Irrigation efficiency" means the measurement of
the amount of water beneficially used divided by the
amount of water applied. Irrigation efficiency is
derived from measurements and estimates of irriga-
tion system chazacteristics and management practic-
es. The minimum irrigation efficiency for purposes
of this chapter is 0.625. Greater irrigation efficiency
can be expected from well designed and maintained
systems.
"Landscape acchitect" means a certified landscape
professional licensed by the State of California.
"Landscape architect compliance statement"
means aone-page check list and a narrative sum-
mary of the project as shown in Appendix A of the
ordinance codified in this chapter and on file in the
office of the City Clerk.
"Landscaped area" means the parcel area less
building pad(s), driveway(s) and parking azea(s).
Planted azeas, water bodies, patios, decks, walkways
and natural azeas are included in the concept of
landscape area.
"Lateral line" means the water delivery pipeline
that supplies water from the water source to the
valve or outlet.
"Local mean precipitation" means the Department
of Water Resource twenty-year historical rainfall
data.
"Main line" means the pressurized pipeline that
delivers water from the water source to the valve or
outlet.
"Maximum water allowance" means the upper
limit of annual water use for the established land-
scaped azea. It is based on the area's reference
evapotranspiration, the ET adjustment factor, and the
size of the landscape azea. The amount of water
recommended on an annual basis in the irrigation
schedule shall not exceed the maximum water al-
lowance. The MWA formula is as follows:
MWA = (ETo)(0.8)(LA)(0.62)
MWA =Maximum Water Allowance (gallons per
yeaz)
ETo =Reference Evapotranspiration (inches per
year)
0.8 = ET Adjustment Factor
LA =Landscaped Area (squaze feet)
0.62 =Conversion Factor (to gallons/sq.ft.)
"Mulch" means any material such as leaves, bark,
straw or other materials left loose and applied to the
soil surface to reduce evaporation.
"Operating pressure" means the pressure at which
a system of sprinklers is designed to operate, usually
indicated at the base of the sprinkler.
3'~6-2a (Cupertino 12-96)
14.15.050
7. Irrigation schedules to:
a. Establish new plant material,
b. Maintain plant material after the first yeaz for
spring and fall seasons,
c. Maintain plant material for the summer sea-
son after the first yeaz,
d. Length of time the system will run for each
valve circuit,
e. Days that the system will operate for each
program,
f. Starting times of the irrigation schedules,
g. Estimated rates of water absorption and run-
off for each landscape/irrigation zone,
h. Estimated water consumption for turf, shrub
and tree azeas and for the entire landscape plan;
8. Maintenance schedules;
9. Landscape irrigation audit schedule;
10. Soil analysis (type and quantity of soil
amendment and mulch to be added to project soils).
D. The plans shall not require more water use
than the maximum applied water allowance.
E. A copy of the approved landscape documen-
tation package shall be provided to the property
owner or site manager along with the record
drawings and any other information normally for-
warded to the property owner and site manager.
F. City Council Resolution No. 8807 shall be
referred to for guidelines on plant materials, land-
scapedesign pazameters and maintenance, soil prep-
azation, water features and irrigation design and
operation. (Ord. 1637 (part), 1993; Ord. 1630 (part),
1993; Ord. 1615 (part), 1993)
14.15.060 Appeal.
Any person who is aggrieved by any action taken
by any City body or official may appeal, by filing
a written notice of appeal with the City Clerk within
fourteen calendar days. Such appeal shall be heard
by the City Council which may affirm, amend, or
reverse the order, or take other action deemed ap-
propriate. The Clerk shall give written notice of the
time and place of the hearing to the appellant and
any other person requesting notice. In conducting
the City Council shall not be limited by the techni-
cal rules of the evidence. (Ord. 1615 (part), 1993)
14.15.070 Violation-Penalty.
Any person who violates the provision of this
chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12 of the Cupertino Municipal Code.
(Ord. 1615 (part), 1993)
:377 (cw~mno t2-96)
APPENDIX A
Chapter 14.15
APPENDIX A
LANDSCAPE ARCHITECT COMPLIANCE
STATEMENT
Landscape azchitects certifying statement for
compliance with landscaping/irrigation guidelines.
Installation address:
Installation completion date:
Water provider:
Landscape azchitect (print name):
Parcel size:
Land use:
Yes No (If "no," attach explanation)
[] [] 1. Minimum 90% of all plantings are
drought tolerant
[] [] 2. Turf limited to functional areas; turf
and water features less than 25% of
total landscape azea
[] [] 3. Minimum turf area dimension = 15 ft.
[] [] 4. Special ornamentals less than 10% of
landscape area
[] [) 5. Terracing sloped areas in confor-
mance
[] [] 6. Drainage routed away from buildings;
on-site retention of irrigation water
included
[] [] 7. Tree/turf separation in tree islands per
ordinance
[] [] 8. Soft additives/amendments provided
in accordance with attached narrative
explanation
[] [] 9. Water features designed/equipped per
Section 9 of this ordinance
[] [] 10. Soil mulch added where appropriate
(noted on diagram)
[] [] 11. Planting soils delineated on plan
[] [] 12. Sprinkler heads have matched precipi-
tation rates within each control valve
[] [] 13. Precipitation rates for a given circuit
do not exceed soil absorption rates
[] [] 14. All sprinkler heads have serviceable
check valves where elevation deferen-
tial will cause low head drainage
[] [] 15. Sprinkler system designed for head-
to-head coverage
[] [] 16. Controller has multiple programming,
repeat cycle capability, flexible calen-
daz program and monthly irrigation
schedule
[] [] 17. Controller set to water between 5:00
p.m. and 10:00 a.m. and equipped
with rain shut-off device
[] [] 18. Monthly irrigation schedule given to
landscape manager and/or mainte-
nance contractor
[] [] 19. Water budget included with plans
(annual)
[] [] 20. Total water usage does not exceed the
maximum allowed water allowance
I hereby certify that the above information is
accurate incompliance with the landscape standazds
of the City of Cupertino's outline in this section.
Landscape Architect:
Date:
AFFIX STAMP HERE
(Cupecuno 12-96) 378
14.18.010
Chapter 14.18
HERITAGE AND SPECIIVIEN TREES
Sections:
14.18.010 Purpose.
14.18.020 Definitions.
14.18.030 Retention promoted.
14.18.040 Designation.
14.18.050 Heritage tree list.
14.18.060 Plan of protection.
14.18.070 Recordation.
14.18.080 Identification tag.
14.18.090 Application to remove.
14.18.100 Notice list to accompany
application.
14.18.110 Appeal.
14.18.120 Permit required for removal.
14.18.130 Enforcing authority.
14.18.140 Exemptions.
14.18.150 Application for permit.
14.18.160 Director to inspect.
14.18.170 Review of application.
14.18.180 Review standards.
14.18.190 Protection during construction.
14.18.200 Protection plan before permit
granted.
14.18.210 Applicant to guarantee
protection.
14.18.220 Notice of action on permit-
Appeal.
14.18.230 Penalty.
14.18.010 Purpose.
In enacting this chapter, the City of Cupertino
recognizes the substantial economic, environmental
and aesthetic importance of its tree population. The
City finds that the preservation of specimen and
heritage trees on private and public property, and
the protection of all trees during construction, is
necessary for the best interests of the City and of
the citizens and public thereof, in order to:
A. Protect property values;
B. Assure the continuance of quality develop-
ment;
C. Protect aesthetic and scenic beauty;
D. Assist in the absorption of rainwaters, thereby
preventing erosion of top soil, protecting against
flood hazazds and the risk of landslides;
E. Counteract air pollutants by protecting the
known capacity of trees to produce pure oxygen
from cazbon dioxide;
F. Maintain the climatic balance (e.g., provide
shade);
G. Help decrease potential damage from wind
velocities;
H. Protect specimen and heritage oak trees.
For the above reasons, the City fords it is in the
public interest, convenience and necessity to enact
regulations controlling the Gaze and removal of
specimen and heritage trees within the City in order
to retain as many trees as possible, consistent with
the individual rights to develop, maintain and enjoy
private and public property to the fullest possible
extent.
Specimen and heritage trees aze considered a
valuable asset to the community. The protection of
such trees in all zoning districts including residential
zones is intended to preserve this valuable asset.
(Ord. 1573 § 2, 1991: Ord. 1543 § 2, 1991)
14.18.020 Definitions.
Unless otherwise stated, the following definitions
pertain to this chapter.
A. "City" means the City of Cupertino situated
in the County of Santa Clara, California.
B. "Developed residential" means any legal lot
of record, zoned single-family, duplex, agricultural
residential and residential hillside, with any structure
(principal or accessory) constructed thereon.
C. "Heritage tree" means any tree or grove of
trees which, because of factors including, but not
limited to, its historic value, unique quality, girth,
height or species, has been found by the Architec-
tural and Site Approval Committee to have a special
significance to the community.
D. "Oak tree" shall include all, trees of oak ge-
nus, including, but not limited to, the Valley Oak
(Quercus lobata) and California Live Oak (Quercus
agrifolia).
378'1 (Cupertino 12-96)
14.18.020
E. "Owner" shall include the legal owner of real
property within the City, and any lessee of such
owner.
F. "Person" shall include an individual, a firm,
an association, a corporation, a co-partnership, and
the lessees, trustees, receivers, agents, servants and
employees of any such person.
G. "Private property" shall include all property
not owned by the City or any other public agency.
H. "Public property" includes all property owned
by the City or any other public agency.
I. "Specimen tree" means any one of the fol-
lowing:
1. A tree which has a trunk with a circumfer-
ence of thirty-one inches, is approximately ten or
more inches in diameter, measured at three feet
above natural grade slope;
2. A tree required to be protected as a part of a
zoning, tentative map or use permit action.
J. "Tree removal" means the destruction of
twenty-five percent or more (in a twelve-month
period) of any heritage or specimen tree by cutting,
retarding, girdling, or applying chemicals. (Ord.
1715 (part), 1996; Ord. 1573 § 3, 1991: Ord. 1543
§ 3, 1991)
14.18.030 Retention promoted.
Heritage and specimen trees are considered an
asset to the community and the pride of ownership
and retention of these species shall be promoted.
The Director of Community Development shall
conduct an annual review of the status of heritage
trees and report the findings to the Planning Com-
mission. (Ord. 1715 (part), 1996: Ord. 1543 § 4.1,
1991)
14.18.040 Designation.
The Planning Commission, may, by resolution,
designate a tree or grove of trees as a heritage
tree(s). Prior to adoption of such a resolution, not
less than ten days' written notice shall be delivered
to the owner. If the owner of the property protests
the designation an appeal can be initiated. (Ord.
1715 (part), 1996; Ord. 1630 (part), 1993; Ord.
1543 § 4.2, 1991)
14.18.050 Heritage tree list.
A heritage tree list shall be created and amended
by resolution. The list shall include the reason for
designation, tree circumference, species name, com-
mon name, location and heritage tree number. (Ord.
1543 § 4.3, 1991)
14.18.060 Plan of protection.
A. The Planning Commission shall consider a
plan of protection developed by the Community
Development Department or aCity-retained certified
arborist. The protection plan shall include informa-
tion for correct pruning, maintenance and fertiliza-
tion methods.
B. It shall be the property owner(s) responsibili-
ty to protect the tree. The plan shall be provided for
his/her use at his/her discretion in order to obtain
the retention objection. (Ord. 1630 (part), 1993;
1543 §§ 4.4, 4.5, 1991)
14.18.070 Recordation.
Heritage and specimen trees required to be re-
tained under Section 14.81.020 I2, except for trees
on public property, shall have retention information
placed on the property deed via a conservation
easement in favor of the City, private covenant, or
other method as deemed appropriate by the Director.
The recordation shall be completed by the property
owner at the time of use permit, zoning, tentative
map or initiaUnew building permit issuance. (Ord.
1573 § 4.6, 1991: Ord. 1543 § 4.6, 1991)
14.18.080 IdentiScation tag.
Heritage trees shall have on them an identifica-
tion tag, purchased and placed by the City, inscribed
with the following information:
CITY OF CUPERTINO
HERITAGE TREE NO. _
Please do not prune or cut
before contacting the City.
(Ord. 1543 § 4.7, 1991)
tC~pectino 12-~> 378-2
14.18.200
tion activity is minor in nature and whether the
activity will significantly modify the ground area
around the tree drip line. (Ord. 1543 § 10.2, 1991)
14.18.210 Applicant to guarantee protection.
The applicant shall guarantee the protection of the
existing tree(s) on the site through a financial instru-
ment acceptable to the Director of Planning and
Development. (Ord. 1543 § 10.3, 1991)
14.18.220 Notice of action on
permit-Appeal.
A. Notice of the decision on an application for
a specimen tree removal permit by the Director of
Community Development or his designated repre-
sentative, shall be mailed to the applicant.
B. Any decision made by the Director of Plan-
ning and Development may be appealed to the City
Council. Such decision may be appealed to the City
Council by filing a written notice of appeal with the
City Clerk within ten working days after the mailing
of such notice.
C. The City Clerk shall notify the applicant of
the date, time and place for hearing the appeal. The
City Council may affirm, reverse, or modify the
decision of the Director of Community Develop-
ment, and its decision shall be final. (Ord. 1573 §
11.1, 1991: Ord. 1543 § 11.1, 1991)
14.18.230 Penalty.
Violation of this chapter is deemed a misdemean-
or. Any person or property owners, or his agent or
representative who engages in tree cutting or remov-
al without a valid tree removal permit is guilty of
a misdemeanor as outlined in Chapter 1.12 of this
code and/or may be required to comply with Sec-
tions 14.18.150-14.18.170. (Ord. 1731 (part),
1996; Ord. 1543 § 12.1, 1991)
378-5 ccu~~~o iz-96~
APPENDIX A
Chapter 14.18
APPENDIX A
STANDARDS FOR THE PROTECTION
OF TREES DURING GRADING
AND CONSTRUCTION OPERATIONS
The purpose of this appendix is to outline standazds pertaining to the protection of trees described in
Section 14.18.200 of Chapter 14.18. The standards are broad. A licensed landscape architect or International
Society of Arboriculture certified azborist shall be retained to certify the applicability of the standards and
develop additional standards as necessary to ensure the property care, maintenance, and survival of trees
designated for protection.
Standards
1. A plot plan shall be prepared describing the relationship of proposed grading and utility trenching to
the trees designated for preservation. Construction and grading should not significantly raise or lower
the ground level beneath tree drip lines. If the ground level is proposed for modification beneath the
drip line, the azchitecdarborist shall address and mitigate the impact to the tree(s).
2. All trees to be preserved on the property and all trees adjacent to the property shall be protected against
damage during construction operations by constructing afour-foot-high fence azound the drip line, and
armor as needed. The extent of fencing and azmoring shall be determined by the landscape acchitect.
The tree protection shall be placed before any excavation or grading is begun and shall be maintained
in repair for the duration of the construction work.
3. No construction operations shall be carried on within the drip line azea of any tree designated to be
saved except as is authorized by the Director of Planning and Development.
4. If trenching is required to penetrate the protection barrier for the tree, the section of trench in the drip
line shall be hand dug so as to preclude the cutting of roots. Prior to initiating any trenching within
the barrier approval by staff with consultation of an azborist shall be completed.
5. Trees which require any degree of fill azound the natural grade shall be guarded by recognized
standazds of tree protection and design of tree wells.
6. The area under the drip line of the tree shall be kept clean. No construction materials nor chemical
solvents shall be stored or dumped under a tree.
7. Fires for any reason shall not be made within fifty feet of any tree selected to remain and shall be
limited in size and kept under constant surveillance.
8. The general contractor shall use a tree service licensee, as defined by California Business and
Professional Code, to prune and cut off the branches that must be removed during the grading or
construction. No branches or roots shall be cut unless at first reviewed by the landscape azchi-
tect/arborist with approval of staff.
9. Any damage to existing tree crowns or root systems shall be repaired immediately by an approved tree
surgeon.
(Cupertino 12-96) 378-6
15.20.010
Chapter 15.20
SEWER SYSTEMS*
Sections:
15.20.010 Applicability.
15.20.020 Definitions.
15.20.030 Public sanitary sewer
required-Exceptions.
15.20.040 Exception to public sanitary
sewer requirements.
15.20.050 Private sewage disposal
systems.
15.20.060 Biannual renewal of permit
required.
15.20.070 Liability.
15.20.080 Enforcement.
15.20.090 Violations.
15.20.100 Appeals to the City Council.
* For statutory provisions regarding municipal sewer districts, see
Health and Safety Code §4600 et seq.
15.20.010 Applicability.
This chapter shall apply to all territory embraced
within the incorporated limits of the City. (Ord. 821
(Part), 1978)
15.20.020 Definitions.
For the purposes of this chapter, unless otherwise
stated herein, certain words and phrases used in this
chapter are defined as follows:
A. "City standards" means those standards relat-
ing to tests and studies, individual sewage disposal
system design, construction, and/or maintenance as
approved by the Health Officer and adopted by
resolution of the Council.
B. "Health officer" means the County Health
Officer, his assistants, or authorized deputies acting
as Health Officers of the City of Cupertino.
C. "Sanitary waste" means and includes, but is
not limited to, the discharge from toilets, bathtubs,
lavatories, dishwashers, washing machines, and any
and all other fixtures connected to the building
plumbing system. (Ord. 821 (part), 1978)
15.20.030 Public sanitary sewer required-
Exceptions.
A. All property which is used, or is proposed to
be used, for a residence, place of business, or other
use requiring a building or place where persons
congregate, reside, or are employed shall upon the
issuance of any permit for building or use be re-
quired to be connected to a public sanitary sewer in
the most direct manner possible, each building hav-
ing aseparate connection. All areas designated by
the General Plan of the City of Cupertino as not
required to connect to a public sanitary sewer are
excepted from the above requirements.
B. With respect to the exception set forth in
subsection A of this section, a private sewage dis-
posal system may be installed; provided, that prior
to the issuance of a building permit for any new
structure, or prior to a change in use of an existing
structure, wherein such a private sewage disposal
system is to be utilized, written approval is obtained
from the Health Officer as provided in this chapter.
The Health Officer shall provide the City with a
copy of all written approvals for private sewage
disposal systems. (Ord. 821 (part), 1978)
15.20.040 Exception to public sanitary
sewer requirements.
Every property which is allowed a private sewage
disposal system under the provisions of this chapter,
shall be provided with a water flush toilet system;
said water flush toilet system shall be built or re-
built, constructed, altered, reconstructed, or main-
tained in such a manner as to meet the following
requirements and the City standards as defined in
Section 15.20.020A of this chapter. (Ord. 821 (part),
1978)
15.20.050 Private sewage disposal systems.
A. Every residence, place of business, or other
building or place where persons congregate, reside,
or are employed that is located in an area designated
in the adopted General Plan as not requiring public
sanitary sewers shall be provided with a water flush
toilet system; the water flush toilet system shall be
built or rebuilt, constructed, altered, reconstructed,
X03 (Cupertino 12-96)
15.20.050
or maintained in such a manner as to meet the fol-
lowing requirements and the City standazds as de-
fined in Section 15.20.020A.
B. The following construction requirements shall
apply:
1. Construction Requirements. At any residence,
place of business, or other building where a water
flush toilet system is installed, there shall also be
installed a private gravity fed sewage disposal sys-
tem consisting of a septic tank and underground
drains for the disposal of the tank effluent. The
minimum system for any premises shall include a
two compartment septic tank of one thousand five
hundred gallons water capacity measured at the flow
line, a diversion valve, and a disposal field consist-
ing of agravel-filled leaching trench system. The
disposal field shall be installed so as to form two
independent sections each containing one-half of the
total length of the required trench. Additional azea
shall be kept available and free of construction of
any type on each premises on which the sewage
disposal system is proposed to provide for the ex-
pansion of the disposal field by at least one hundred
percent.
2. The septic tank and disposal field shall be so
constructed as to meet the requirements described
in the City Standazds.
3. The Health Officer may require soil tests and
studies as he deems necessary to establish the suit-
ability of the property for on-site sewage disposal.
C. Cesspool Unlawful. It is unlawful for any
persons to use a cesspool for the disposal of sewage.
D. Sewer Wells Unlawful. It is unlawful for any
persons to drill, construct, maintain, or operate a
sewer well.
E. Leaching Sumps-Depth. It is unlawful to
construct, maintain, or operate as part of a private
sewage disposal system a leaching sump exceeding
six feet in depth, except with the specific approval
and in accordance with the requirements established
by the San Francisco Bay Regional Water Quality
Control Boazd.
F. Pumping.
1. Required. All private disposal systems shall
be pumped, for maintenance purposes, at least once
every three years.
2. Licenses to Pump Required. No person shall
undertake or conduct any pumping operation what-
ever within the City without having in his posses-
sion avalid license issued by the County Health
Officer.
3. Licenses to Pump-Fees. The licensee shall
pay, in advance, to the County Health Officer a
license fee of twenty-five dollazs.
4. Licenses to Pump-Terms-Renewal. Each
license issued shall be valid for a period of one year
only but may be renewed for .additional one-yeaz
periods upon the payment of the annual license fee
of twenty-five dollazs and submission of such addi-
tional information as the County Health Officer may
require.
G. Owner's Responsibility. Each resident of a
premises or the owner, if the premises aze vacant,
having a sewage disposal system shall inspect such
sewage disposal system at intervals not to exceed
six months to determine the operating condition,
perform the necessary maintenance, and turn the
diversion valve.
H. New Construction---Septic Tank Permits. It
is unlawful for any person to construct, build or
rebuild any residence, place of residence, or other
building or place where persons congregate, reside,
or aze employed which is not to be connected to an
approved public sanitary sewer without first submit-
ting plans of the means of sewage disposal to the
Health Officer and obtaining a permit therefor.
1. Applications. The application for such permit
shall include a plot plan of the premises showing the
overall topography and surface drainage direction;
the specific location of the septic tank and diversion
valve; grade elevations of structures and the leach-
ing field, giving all dimensions; and such other
pertinent infonmation as the Health Officer may
require. The Health Officer may require that the
application be prepazed by a registered Civil Engi-
neer.
2. Issuance. If the application is prepazed and
the work proposed is in conformance with the re-
cc~~~~ iz-s6~ 404
15.20.050
quirements of this chapter and City Standazds iii
effect at the time of issuance, the Health Officer
shall issue the septic tank system permit. The per-
mit, asissued by the Health Officer, shall be in full
force and effect for a period of one yeaz after the:
date of the issuance of the permit. If the septic tank:
system has not been completed within the one-yea~•
period after the date of issuance, the permit shall
become null and void, and a new application shalll
be filed. Said permit is not transferrable. If it i~;
determined by the Health Officer that the pazcel oi'
land set forth in the application does not conform to
the requirements of this chapter or the City Stan-
dazds adopted and in effect at the time of the filing
of the application the Health Officer shall not issue
the permit.
I. Alteration-Septic Tank Permits. It shall be
unlawful for any person to alter, expand, or other-
wise modify an existing sewage disposal system
without first submitting plans of the proposed work
to the Health Officer and obtaining a permit there-
for.
1. Applications. The application for such permit
shall include a plot plan of the premises showing the
overall topography and surface direction; a descrip-
tion of the existing system; details of the proposed
alterations or modifications, showing all dimensions;
and such other pertinent information as the Health
Officer may require. The Health Officer may require
the prepazation of such application by a registered
Civil Engineer.
2. Issuance. If the application is prepazed and
the work proposed is in conformance with the re-
quirements of this chapter and the City Standards,
the Health Officer shall issue the septic tank permit.
J. Plans-Review-Inspections. The Health
Officer shall review all plans for proposed sewage
disposal installations and all plans for proposed
alterations, improvements, or expansion of existing
sewage disposal installations and shall make all
necessary site inspections to determine conformance
with minimum City Standazds.
After the issuance of a permit by the Health
Officer, he shall conduct such inspections on the
premises as aze necessary to assure the carrying out
of the proposed construction in accordance with the
plans.
K. Fees-Inspections.
1. Fees. Every applicant shall pay to the Health
Officer, at the time of permit issuance, a fee of two
hundred dollazs for each sewage disposal system and
a fee of seventy-five dollazs for each permit to
repair, alter, or expand an existing system. A fee of
seventy-five dollazs will be paid for every four or
portion thereof soil percolation test holes.
L. Failing-Repairs Required. Owners or resi-
dents on premises with existing private sewage
disposal systems which aze failing or where failure
appeazs imminent shall repair, modify, and/or ex-
pand such system upon the order of the Health
Officer. The modification and/or expansion shall be
such that will bring about correction of the failure
or the imminent failure.
M. Failure--Connection Required. Upon the
complete failure of a private sewage disposal sys-
tem, the Health Officer shall require the connection
of the private system to a public sanitary sewer.
(Ord. 1009 (part), 1980; Ord. 821 (part), 1978)
15.20.060 Biannual renewal of permit
required.
In order to prevent pollution or contamination of
water sources or creation of public health nuisances,
and to ensure long-term maintenance, a biannual
inspection of private sewage disposal systems here-
inafter installed is required. The inspection shall be
accomplished as a part of a biannual renewal of all
septic tank permits hereafter issued.
A. Application. Upon expiration of a septic tank
permit, hereafter issued, the City shall provide writ-
ten notice to the owner of the property on which the
septic tank is located informing the owner that the
permit is subject to renewal. Upon application for
renewal by the property owner, an inspection of the
facility shall be made by the City to determine the
operating condition of the facility. Upon approval
of the person inspecting the facility, the permit shall
be renewed for an additional yeaz.
B. Fee. A fee for the cost of inspecting the
private sewage disposal system and issuance of the
405 c~~~oa is-~>
15.20.060
annual permit therefor shall be established on an
annual basis by the City Council. (Ord. 821 (part),
1978)
15.20.070 Liability.
The provisions of this chapter shall not be con-
strued asimposing upon the City any liability or
responsibility for damages resulting from the defec-
tiveconstruction of any sewage disposal system, nor
shall the City, or any official or employee thereof,
be held as assuming any such liability or responsi-
bility by reason of the inspections authorized by the
provisions of this chapter. (Ord. 821 (part), 1978)
15.20.080 Enforcement.
It shall be the duty of the Health Officer to en-
force the provisions of this chapter, and in the per-
formance of this duty, the Health Officer, or any
duly authorized agent of the Health Officer, is au-
thorized to enter at any reasonable hour any premis-
es asmay be necessary in the enforcement of the
provisions of this chapter and to make investiga-
tions, including the taking of samples and conduct-
ing of dye tests. (Ord. 821 (part), 1978)
15.20.090 Violations.
Any person violating or refusing or failing to
comply with any of the provisions of this chapter
shall be deemed guilty of an infraction and, upon
conviction thereof, shall be punishable as set forth
in Chapter 1.12 of this code. (Ord. 821 (part), 1978)
15.20.100 Appeals to the City Council.
Any person dissatisfied with the action or judg-
ment of the Health Officer may appeal to the City
Council at any time within ten calendar days after
receipt of written notice thereof by ordinary mail.
Upon receipt of an appeal, the City Clerk shall
schedule a hearing before the City Council within
thirty days after receipt of the appeal. The Council
may by resolution affirm, reverse, or modify in
whole or in part the decisions of the Health Officer.
(Ord. 821 (part), 1978)
cc~~oo is-~> 406
16.04.010
Chapter 16.04
BUILDING CODE ADOPTED*
Sections:
16.04.010 Adoption of Uniform Building
Code, 1994.
16.04.020 Organization and enforcement.
16.04.030 Permits and inspections.
16.04.040 Seismic.
16.04.050 Address posting.
16.04.060 Installation of spark arresters.
16.04.070 Single room occupancies
(SRO).
16.04.080 Foundations-Foundation
reinforcement.
16.04.090 Minimum slab thickness.
16.04.100 Conventional construction
provisions (bracing).
16.04.110 Suspended ceiling upgrade.
16.04.120 Other inspection fees-Table
1-A.
16.04.130 Energy permit fees.
16.04.140 Hearing.
16.04.150 Violation-Penalty.
• For statutory provisions regarding the authority of cities to regulate
the building, construction and removal of buildings within the City,
see Gov. Code § 38601; for other provisions concerning the author-
ity of cities in regulating buildings and construction, see Gov. Code
§ 38660; for the provisions of the State Housing Act, see Health
and Safety Code § 17910 et seq.
16.04.010 Adoption of Uniform Building
Code, 1994.
The Building Code for the City shall be the 1994
Edition of the California Uniform Building Code,
Parts 1, 2 and 3 inclusive and Appendices which
follow:
APPENDIX CHAPTERS
The following Appendix Chapters from the 1994
UBC aze adopted:
A. 1994 UBC Appendix Chapter 3, Division 11,
Agricultural Buildings;
B. 1994 UBC Appendix Chapter 15, Reroofing;
C. 1994 UBC Appendix Chapter 18, Water and
Damp-proofing, Foundations;
D. 1994 UBC Appendix Chapter 31, Division
11, Membrane Structures;
E. 1994 UBC Appendix Chapter 31, Division
111, Patio Covers,
except Chapter 107-2, Chapter 107-3, and A33 as
compiled and published by the International Confer-
ence of Building Officials, one copy of which has
been filed for use and examination by the public in
the office of the Building Department, is referred to,
and except as to omissions, amendments and addi-
tions hereinafter noted, is adopted and amended as
part of the Cupertino Municipal Code, as if fully set
forth in this chapter. (Ord. 1706 Exh. A (part),
1995)
16.04.020 Organization and enforcement.
Section 105 of the Uniform Building Code is
amended to read as follows:
Section 105 -Board of Appeals: In order to
determine the suitability of alternate materials and
methods of construction and to provide for rea-
sonable interpretations of the provisions of this
Code, there shall be and is hereby created a
Boazd of Appeals consisting of five members
who aze qualified by experience and training to
pass upon matters pertaining to building construc-
tion installations and materials. The Building
Official shall be an ex officio member and shall
act as Secretary of the Boazd. The Boazd of Ap-
peals shall be appointed by the Mayor, subject to
the approval of the City Council, and shall hold
office at his pleasure. The Boazd shall adopt
reasonable rules and regulations for conducting
its investigations and shall render all decisions
and findings in writing to the Building Official,
with a duplicate copy to the appellant, and may
recommend to the City Council such new legisla-
tion as is consistent therewith. The same person-
nel of the Boazd of Appeals appointed under this
Code may act as the Board of Appeals under the
other building construction uniform codes. In the
event, as Appeals Boazd is not appointed by the
115 ~a,pe~;oo is-96~
16.04.020
legislative body, the Council shall serve as said
Appeals Boazd.
(Ord. 1706 Exh. A (part), 1995)
16.04.030 Permits and inspections.
Section 108.7 of the Uniform Building Code is
amended to read as follows:
Section 108.7 -Other Inspections: In addi-
tion to the called inspections specified above, the
Building Official may make or require any other
inspections of any construction work to ascertain
compliance with the provisions of this Code and
other laws which aze enforced by the Building
Department. For the purpose of determining
compliance, the Building Official may cause any
structure to be reinspected. ]f any inspection is
made at the request of any individual, property
owner or lending institution, a fee equal to the
cost of making such inspection shall be chazged
as set forth in the latest resolution adopted by the
city.
(Ord. 1706 Exh. A (part), 1995)
16.04.040 Seismic.
A. Upon application for a building permit with
a valuation of twenty-five thousand dollazs or more
in improvements to asingle-family dwelling, the
homeowner must demonstrate that the water heater
and furnace aze restrained. If the water heater and
furnace are installed on a platfonm, the homeowner
must demonstrate that the platform meets 1976
Uniform Building Code Seismic Standards and that
there aze flexible gas connectors for all gas appli-
ances.
B. Upon application for a building permit with
a valuation of seventy-five thousand dollars or more
in improvements to asingle-family dwelling, the
homeowner must comply with the requirements
stated above and must retain a licensed engineer or
architect to evaluate the structure in order for it to
be brought into compliance with the 1976 Uniform
Building Code Seismic Standazds. (Ord. 1706 Exh.
A (part), 1995)
16.04.050 Address posting.
No Certificate of Occupancy or final building
approval for new construction or alterations shall be
granted until the building or residence has a street
address number posted on the building in a visible
location. The size of the numbers shall be a mini-
mum of five inches high for commercial or industri-
al buildings. Residences designated R3 shall have
number sizes of three inches minimum. R1 and
Planned Unit Developments shall submit a number-
ing schedule for approval by the Building Depart-
ment and the Fire Department. All commercial
buildings having a single address assigned with
multi-suite an angements shall have the suite-num-
bering system approved or assigned by the Building
Department with an approved copy to the Fire De-
partment for emergency use. (Ord. 1706 Exh. A
(part), 1995)
16.04.060 Installation of spark arresters.
In new construction or when alterations, repairs
or additions requiring a permit and having a valua-
tion in excess of one thousand dollazs occur, all new
and existing fireplace chimneys shall terminate in a
substantially constructed spazk arrester, having a
mush not exceeding one-half inch. (Ord. 1706 Exh.
A (part), 1995)
16.04.070 Single room occupancies (SRO).
1994 UBC Section 310.7 is deleted and replaced
with the following:
310.7 Single Room Occupancies: A single
room occupancy shall conform to the require-
ments of the code except as herein provided:
1. The SRO unit shall have a living room of
not less than 220 squaze feet of superficial floor
area. An additional 100 squaze feet of superficial
floor area shall be provided for each occupant of
such SRO unit in excess of two.
2. The SRO unit shall be provided with a
sepazate closet.
cc~~rooo ~s-~> 416
16.04.120
16.04.120 Other inspection fees-Table 1-A.
A fee shall be paid to the city as set forth in the
latest resolution adopted by the city. (Ord. 1706
Exh. A (part), 1995)
16.04.130 Energy permit fees.
Energy permit fees shall be paid to the city as set
forth in the latest resolution adopted by the City.
(Ord. 1706 Exh. A (part), 1995)
16.04.140 Hearing.
The ordinance codified in this chapter shall, after
first reading, be scheduled for public hearing as
provided in Section 50022.3 of the Government
Code. Notice of hearing shall be published pursuant
to Section 60066 of the Government Code in the
Cupertino Courier. Copies of the Uniform Building
Code and the ordinance codified in this chapter shall
be on file with the City Building Official and open
for public inspection. (Ord. 1706 Exh. A (part),
1995)
16.04.150 Violation-Penalty.
Any person, firm, corporation, partnership or
copartnership who willfully violates any of the
provisions, or fails to comply with any of the man-
datory requirements of this chapter, is guilty of an
infraction, and upon conviction thereof shall be
punishable as provided in Chapter 1.12 of the Cu-
pertino Municipal Code, except that nothing herein
contained shall be deemed to bar any legal, equita-
ble or summary remedy to which the City of Cuper-
tino or other political subdivision or any person,
fum, corporation or partnership maybe otherwise
entitled, and the City of Cupertino or any other
political subdivision or person, firm, corporation or
partnership may file a suit in the Superior Court of
the County of Santa Clara to restrain or injoin any
attempted or proposed subdivision, or acts, in viola-
tion of this chapter. (Ord. 1706 Exh. A (part), 1995)
419
ccti,~~no i2-~>
16.08.000
Chapter 16.08
EXCAVATIONS, GRADING AND
RETAINING WALLS*
Sections:
16.08.000 Title.
16.08.010 Purpose.
16.08.020 Definitions.
16.08.040 Nuisance abatement.
16.08.050 Scope.
16.08.060 Exemption.
16.08.070 Categorical exemptions.
16.08.080 Application.
16.08.090 Application form.
16.08.100 Site map and grading plan.
16.08.110 Interim erosion and sediment
control plan (interim plan).
16.08.120 Engineering geological reports.
16.08.130 Soils engineering reports.
16.08.140 Work schedule.
16.08.150 Bonds.
16.08.160 Fees.
16.08.170 Grading permit Approval.
16.08.180 Grading permit Denial.
16.08.190 Grading permit-Conditions of
approval.
16.08.200 Grading permit-Design
standards.
16.08.210 Grading permit-Limitations
and conditions.
16.08.220 Permittee-Responsibility.
16.08.230 Grading supervision.
16.08.240 Modifications.
16.08.250 Inspections.
16.08.260 Work completion notice-
Report.
16.08.265 Appeal procedure.
16.08.270 Suspension of permit.
16.08.280 Revocation of permit.
* Prior ordinance history: Ords. 214A, 782 and 1075. For statutory
provisions regarding the obligations of those making excavations
to adjoining landowners, see Civil Code § 832.
16.08.000 Title.
The title of this chapter shall be "Excavations,
Grading and Retaining Walls." (Ord. 1143 Exh. A
(part), 1981)
16.08.010 Purpose.
The purpose of this chapter is to safeguard life,
limb, property, and public welfaze by establishing
minimum requirements and standards for regulating
excavation, grading, clearing, and retaining wall
construction, and to preserve and enhance water
quality by controlling surface runoff, erosion and
sedimentation, and establishing procedures by which
these requirements may be enforced. (Ord. 1143
Exh. A (part), 1981)
16.08.020 Definitions.
When used in this chapter, the following words
shall have the meanings ascribed to them in this
section:
1. "Applicant" means any person, corporation,
paztnership, association of any type, public agency
or any other legal entity who submits an application
to the Director for a permit pursuant to this chapter.
2. "Bedrock" means the solid undisturbed rock
in place either at the ground surface or beneath
superficial deposits of gravel, sand or soil.
3. "City" means the City of Cupertino.
4. "Civil Engineer" means a professional engi-
neer registered as a civil engineer in the State of
California.
5. "Director" means the Director of Public
Works or his appointed agents.
6. "Engineering geology" means the application
of geological data and principles to engineering
problems dealing with naturally occurring rock and
soil for the purpose of assuring that geological fac-
tors aze recognized and adequately interpreted in
engineering practice.
7. "Erosion" means the action or process of
wearing away of earth or soil by the action of water.
8. "Existing grade" means the vertical location
or elevation of the existing ground surface prior to
excavating or filling.
cCuperano tz-~> 420
16.08.020
9. "Fill" means deposits of soil, rock, or other
materials, placed by any persons.
10. "Finish grade" means the final grade or eleva-
tion of the building site.
11. "Grading" means any excavating, filling,
recontouring, or combination thereof.
12. "Interim erosion and sediment control plan"
means a written set of measures designed to control
surface runoff and erosion and to retain sediment on
a particulaz site during the period in which precon-
struction and construction related land disturbances,
fills and soil storage occur.
13. "Land disturbance/land disturbing activities"
means any activity moving or removing the soil
mantle or top six inches of soil whichever is shal-
lower, including excavation and clearing.
14. "Land fill" means any activity depositing soil
or other earth materials.
15. "Master storm drain plan" means the master
plan prepazed by Mazk Thomas and Company which
was adopted by the City of Cupertino on June 24,
1974 for the purpose of regulating the storm drain-
age system or amendments thereafter adopted by the
City Council.
16. "Permittee" means the applicant in whose
name a valid permit is duly issued pursuant to this
chapter, and his agents, employees and others acting
under his direction.
17. "Rough grade" means an approximate eleva-
tion of the ground surface conforming to the pro-
posed design.
18. "Sediment" means material deposited by
water.
19. "Site" means all of a pazcel or pazcels of real
property owned by one or more persons where
grading is performed.
20. "Soil" means all earth material of whatever
origin.
21. "Soils Engineer" means a civil engineer regis-
tered in the State of California and qualified in the
field of soils engineering.
22. "Wet season" means the period from October
1st to April 15th. (Ord. 1143 Exh. A (part), 1981)
16.08.040 Nuisance abatement.
Neither this chapter, nor any administrative ruling
made under it limits:
A. The power of the City to declaze, prohibit and
abate a nuisance; or
B. The right of any person to maintain, at any
time, any appropriate action for relief against any
private nuisance, or for relief against any contamina-
tion or pollution. (Ord. 1143 Exh. A (part), 1981)
16.08.050 Scope.
This chapter sets forth rules and regulations to
control excavation, grading, earthwork, clearing, and
retaining wall construction, including fills or em-
bankments; establishes the administrative procedure
for issuance of permits; and provides for approval
of plans and inspection of grading construction.
This chapter shall be applicable to work per-
formed within private property lines and shall not
be construed to regulate work encompassed in pub-
lic property, or property offered for dedication to the
public.
No person may grade, fill, excavate, cleaz land,
stockpile or dispose of soil or earth materials or
perform any other land disturbing or landfilling
activity without first obtaining a permit as set forth
in this chapter. (Ord. 1143 Exh. A (part), 1981)
16.08.060 Exemption.
A person need not apply for a permit if he or she
engages in any activity which meets any one criteri-
on under subsection A and any one criterion under
subsection B as follows:
Subsection A.
(A-1) An excavation which:
(a) Is less than three feet in depth and does not
exceed one hundred cubic yards; and
(b) Which does not create a cut slope greater than
three feet in height and steeper than two horizontal
to one vertical.
(A-2) A fill less than one foot in depth, and
placed on natural terrain having a slope flatter than
five horizontal to one vertical, or less than three feet
in depth, not intended to support structures, which
420-1 (Lti,perri~o ~z-~~
16.08.060
does not exceed one hundred cubic yards on any
one lot and does not obstruct a drainage course, or
channel the general drainage pattern.
(A-3) An excavation below finished grade for
basements and footings of a building, retaining wall,
or other structure authorized by a valid building
permit. This shall not exempt any fill made with the
material from such excavation nor exempt any exca-
vation having an unsupported height greater than
five feet after the completion of such structure.
(A-4) Excavation or deposition of earth materials
within a property which is dedicated or used, or to
be used for cemetery purposes, except where such
grading is within one hundred feet of the property
line or intended to support structure.
Subsection B.
(B-1) Land disturbance or land fill covers
one-quarter of an acre or less on natural and fin-
ished slopes less than ten percent.
(B-2) The volume of earth soil, or other earthen
material stockpiled or disposed of is one hundred
cubic yards or less, or thirty tons or less.
Where an activity meets a criterion set forth in
subsection A but does not meet any of the criteria
set forth in subsection B, the activity will be subject
to the erosion control provisions of this chapter
(Section 16.08.110) but not the grading provisions.
Where an activity meets the criteria set forth in
subsection B but does not meet any of the criteria
set forth in subsection A, the activity will be subject
to the grading provisions of this chapter (Section
16.08.100) but not the erosion control provisions.
(Ord. 1143 Exh. A (part), 1981)
16.08.070 Categorical exemptions.
Sections 16.08.050 and 16.08.060 notwithstand-
ing, the following activities aze always exempt from
the permit requirements:
A. Cemetery graves;
B. Refuse disposal sites controlled by other
regulations;
C. Excavations for wells;
D. Mining, quarrying, excavating, processing,
stockpiling of rock, sand, gravel, aggregate or clay
where established and provided for by law, provided
such operations do not affect the lateral support or
increase the stresses in or pressure upon any adja-
cent or contiguous property;
E. Exploratory excavations under the direction
of soil engineers or engineering geologists;
F. Routine agricultural management techniques,
other than clearing;
G. Emergencies posing an immediate danger to
life or property, or substantial flood or fire hazazds;
following any emergency, plans must be submitted
to the Director within thirty days; such plans must
include all work necessary to insure that the site will
comply with all provisions of this chapter;
H. Any other activity which is exempted by state
or federal law. (Ord. 1143 Exh. A (part), 1981)
16.08.080 Application.
The application for a permit must include all of
the following items except as noted:
A. Application form;
B. Site map, lazgest scale one inch equals fifty
feet, maximum sheet size twenty-four inches by
thirty-six inches;
C. Grading plan when a permit is required under
Section 16.08.060; lazgest scale one inch equals fifty
feet, maximum sheet size twenty-four inches by
thirty-six inches;
(Cupertino 12-~) 420-2
16.24.010
Chapter 16.24
MECHANICAL CODE ADOPTED
Sections:
16.24.010 Adopted by reference.
16.24.020 Name insertion.
16.24.030 Condensate wastes.
16.24.040 Hearing.
16.24.060 Board of appeals.
16.24.070 Table No. 1-A-Mechanical
permits fees amended.
16.24.080 Violation-Penalty.
drainage pipe and fittings. Condensate waste
water shall not drain over or upon a public way,
sidewalk, pedestrian ramp or the like. Condensate
drains with terminations within the interior of a
building shall not be connected to the building
roof drain or overflow piping systems.
Findings
The waste water treatment facilities serving
many Silicon Valley cities aze operating at or
neaz maximum capacity. The discharge of treated
waste water into San Francisco Bay is detrimental
to its sensitive ecosystem.
16.24.010 Adopted by reference.
That certain code entitled "California Uniform
Mechanical Code 1994 Edition" as compiled and
published by the International Conference of Build-
ing Officials, one copy of which is on file in the
office of the Building Department for use and exam-
ination by the public, excepting those provisions
noted in this chapter, is adopted by reference. (Ord.
1709 Exh. A (part), 1995)
16.24.020 Name insertion.
The names "Cupertino" and/or "California" shall
be inserted in the appropriate places provided there-
for in each and every section of said mechanical
code wherein the name of the City or State is left
blank. (Ord. 1709 Exh. A (part), 1995)
16.24.030 Condensate wastes.
1994 UMC Section 310.1 is amended by replac-
ing it with the following:
Condensate from air cooling coils and com-
fort cooling equipment not intended to be used
for the storage or holding of food or drinks shall
be collected and dischazged to an approved point
of disposal acceptable to the Administrative Au-
thority.
Termination of such drains shall be made by
an air break. Condensate drain lines in sizes 1-'/a"
and lazger shall be assembled using approved
Cooling coil and comfort cooling equipment
condensate waste dischazge does not contain
pollutants which require treatment before being
dischazged into storm sewers or the ground.
(Ord. 1709 Exh. A (part), 1995)
16.24.040 Hearing.
The ordinance codified in this chapter shall, after
first reading, be scheduled for public hearing as
provided in Section 50022.3 of the Government
Code of the State of California. Notice of hearing
shall be published pursuant to Section 6066 of the
Government Code in the Cupertino Courier. Copies
of the Uniform Mechanical Code, 1991 Edition, and
this chapter shall be on file with the City Building
Department and open for public inspection. Notice
of hearing shall generally describe purpose and
subject matter of the ordinance. (Ord. 1709 Exh. A
(part), 1995)
16.24.060 Board of appeals.
Section 110 of the Uniform Mechanical Code is
amended to read as follows:
In order to determine the suitability of alter-
nate materials and methods of construction and
to provide for reasonable interpretations of the
provisions of this Code, there shall be and is
hereby created a Boazd of Appeals, consisting of
five members who are qualified by experience
and training to pass upon matters pertaining to
X143 (Cupertino 12-96)
16.24.060
building construction, mechanical design and
maintenance and the public health aspects of
mechanical systems. The Building Official shall
be an ex-officio member appointed by the Mayor,
subject to the approval of the City Council, and
shall hold office at his pleasure. The Board shall
adopt reasonable rules and regulations for con-
ducting its investigations and shall render all
decisions and findings in writing to the Building
Official, with a duplicate copy to the applicant,
and may recommend to the City Council such
new legislation as is consistent therewith. The
same personnel of the Boazd of Appeals under
the other building construction uniform codes. In
the event an Appeals Boazd is not appointed by
the legislative body, the Council shall serve as
said Appeals Boazd.
(Ord. 1709 Exh. A (part), 1995)
16.24.070 Table No. 1-A-Mechanical
permits fees amended.
Fees shall be paid the City as set forth in the
latest resolution adopted by the city. (Ord. 1709
Exh. A (part), 1995)
16.24.080 Violation-Penalty.
Section 111 of the California Uniform Mechani-
cal Code is amended by adding Chapter 1.12 of the
Cupertino Municipal Code, titled General Penalty.
(Ord. 1709 Exh. A (part), 1995)
~~~~~ i2-~> 444
16.28.010
Chapter 16.28
FENCES*
Sections:
16.28.010 Purpose.
16.28.020 Definitions.
16.28.030 Fence location and height for
zones requiring site review.
16.28.040 Fence location and height for
zones not requiring site review.
16.28.050 Proximity of plants and fences
to public streets.
16.28.060 Exceptions.
16.28.070 Violation-Penalty.
16.28.090 Publishing clause.
* For statutory provisions making fences taller than ten feet a nui-
sance, see Civil Code §841.4.
16.28.010 Purpose.
The purpose of this chapter is to regulate the
location and height offences and vegetation in yards
of all zoning districts in order to protect the safety,
privacy, and property values of residents and resi-
dent/property owners of the City. (Ord. 686 (part),
1975: Ord. 112 § 1, 1960)
16.28.020 Definitions.
The words and terms used in this chapter shall
have the following meanings unless the context
cleazly indicates otherwise:
A. "Fence" means aman-made structure which
is designed, intended or used to protect, defend or
obscure the interior property of the owner thereof
from the view, trespass or passage of others upon
that property.
B. "Fence height" means the vertical distance
from the highest point of the fence (excluding post
caps) to the finish grade adjoining the fence. In a
case where the finish grade is different for each side
of the fence, the grade with the highest elevation
shall be utilized in determining the fence height.
C. "Plant" means a vegetative matter.
D. "Setback azea, required front" means the azea
extending across the front of the lot between the
front lot line and a line pazallel thereto. Front yards
shall be measured either by a line at right angles to
the front lot line, or by the radial line in the case of
a curved front lot line. The front of the lot is the
narrowest lot line from a public street.
E. "Setback area, required reaz" means the area
extending across the full width of the lot between
the reaz lot line and the neazest line or point of the
main building.
F. "Setback area, required side" means the area
between the side lot line and the neazest line of the
building, and extending from the front setback line
to the rear setback line. (Ord. 686 (part), 1975: Ord.
112 § 2, 1960)
16.28.030 Fence location and height for
zones requiring site review.
A. The Planning Commission and City Council
shall have the authority to require, approve, or dis-
approve wall and fencing plans including location,
height and materials in all zones requiring design
review.
B. The basic design review guidelines for the
review of fences and walls aze as follows:
1. Fences and walls separating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to acoustically isolate part
of or all noise emitted by future uses within the
commercial, industrial, offices, or institutional zones.
The degree of acoustical isolation shall be deter-
mined during the design review process.
2. Fences and walls separating commercial, in-
dustrial, offices, and institutional zones from resi-
dential zones shall be constructed at a height and
with materials designed to ensure visual privacy for
adjoining residential dwelling units. The degree of
visual privacy shall be determined during the review
process.
3. Fences and walls shall be designed in a man-
ner to provide for sight visibility at private and
public street intersections. (Ord. 1630 (part), 1993;
Ord. 686 (part), 1975)
445 (CUpertino 12-96)
16.28.040
16.28.040 Fence location and height for
zones not requiring site review.
A. In the case of an interior residential lot, a
maximum six-foot-high fence shall be permitted in
the rear yazd setback azea and in the side yazd set-
back azeas. Amaximumthree-foot-high fence, mea-
sured from finish grade, shall be permitted in the
front yazd setback azea.
B. In the case of a corner residential lot, a maxi-
mum six-foot-high fence shall be permitted in the
required reaz yazd setback azea and on the side yazd
lines, excepting that fence heights within the side
yazd setback azea adjacent to a public street shall be
regulated as described below. No portion of a fence
shall extend into the front yard setback azea or
forty-foot comer triangle.
1. Situation in which the rear property line ad-
joins areaz property line: The minimum side fence
setback line for asix-foot-high fence shall be five
feet from the property line.
2. Situation in which the reaz property line ad-
joins the side property line of a key lot: The mini-
mum side fence setback line shall be five feet from
the property line, except that the setback line within
ten feet of an adjacent side property line shall be
maintained at twelve feet.
3. A fence not exceeding three feet in height
measured from finish grade can be constructed on
any location within a required yard except the forty-
foot corner triangle.
C. Where a six-foot fence is allowed, an
eight-foot-high fence can be constructed in lieu
thereof subject to building permit approval and upon
receipt of written approval from adjoining property
owners.
D. In the case of parcels zoned residential hill-
side (1tHS) or open space (OS), the fences shall be
governed by Section 19.40.080. (Ord. 1637 (part),
1993; Ord. 852, 1978; Ord. 686 (pazt), 1975)
16.28.050 Proximity of plants and fences to
public streets.
The proximity of plants and fences to public
streets shall be controlled by the provisions of Chap-
ter 14.08 of the Municipal Code. (Ord. 686 (part),
1975)
16.28.060 Exceptions.
Where practical difficulties, unnecessary hazd-
ships, or results inconsistent with the purpose and
intent of this chapter result from the strict applica-
tion of the provisions hereof, exceptions may be
granted as provided in this section.
A. Application and Fee. Application shall be
made in writing to the Planning Commission on a
form prescribed by the Director of Planning and
Development. The application shall be accompanied
by a fee of twenty-five dollazs.
B. Public Hearings. Upon receipt of an applica-
tion for exception, the Director of Planning shall set
a time and place for a public hearing before the
Planning Commission and order the public notice
thereof. The notice of public hearing shall be pub-
lished at least once in a newspaper of general circu-
lation in the City at least ten days before the first of
the hearings. In addition, individual notices shall be
mailed to all persons owning real property located
within three hundred feet of the property(ies) in-
volved in the application. When the property within
three hundred feet of the property(ies) involved in
the application is occupied by other than the proper-
ty owner, a notice of the public hearing shall be sent
to the occupant of the dwelling. If the dwelling is
a structure with more than four dwelling units,
notice to the occupant shall be given by sending one
notice to the manager of the multiple unit dwelling.
The instructions for the mailing of public notices
shall be specified on the appropriate application
form. The primary form of notification is by publi-
cation in a newspaper of general circulation in the
City. Minor discrepancies in the certified mailing
list provided by an applicant or the City, in case of
a City-initiated application, shall not constitute an
invalid notice of public hearing.
The Planning Commission shall hold a public
hearing at which time the Commission may grant
the exception based upon the following findings:
c~aro~ tz-~~ 446
16.28.060
1. The literal enforcement of the provisions oi~
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 which is materially detrimental to the.
public health, safety or welfare.
3. The exception to be granted is one that will
require the least modification of the prescribed
regulation and the minimum variance that will ac-
complish the purpose.
4. The proposed exception will not result in a
hazardous condition for pedestrian and vehicular
traffic.
After closing the public hearing, the Planning
Commission may approve, conditionally approve or
deny the application for exception.
C. Appeals. Any application for exception which
received final approval or disapproval by the Plan-
ning Commission may be appealed to the City
Council as provided by Section 8 of Ordinance 652.
(Ord. 686 (part), 1975)
16.28.070 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. 686
(part), 1975)
16.28.090 Publishing clause.
The City Clerk is authorized and directed to
cause a certified copy of the ordinance codified in
this chapter to be published at least once within
fifteen days after its enactment in the Cupertino
Courier, the official newspaper of the City, pub-
lished and circulated within the City. (Ord. 686
(part), 1975)
447 (c~~w~o ~z-~>
16.32.010
Chapter 16.32
SWIMMING POOLS*
Sections:
16.32.010 Purpose.
16.32.020 Definitions.
16.32.030 Scope and application.
16.32.040 Safety requirements.
16.32.050 New construction requirements.
16.32.060 Enforcement authority.
16.32.070 Permit-Required.
16.32.071 Application for permit.
16.32.072 Cost of permit.
16.32.073 Schedule of fees.
16.32.080 Violation-Penalty.
16.32.100 Effective date.
* Prior ordinance history: Ord. 139.
16.32.010 Purpose.
The purpose of this chapter is to provide for the
protection of the public health, welfare and safety
by prescribing minimum standazds for the design,
construction or installation, repair or alterations of
swimming pools or other pools of water, public or
private, and equipment related thereto; requiring a
permit and inspection therefor; providing for the
administration and enforcement set forth herein;
providing for the qualification and registration of
persons engaged in the business of swimming pool
installation or alterations or equipment related there-
to; and prescribing for penalties for violation there-
of. (Ord. 1620 (part), 1993: Ord. 624 (part), 1974)
16.32.020 Definitions.
A. For the purposes of this chapter, the follow-
ing definitions apply:
1. "Approved" means accepted or acceptable
under an applicable specification stated or cited in
this chapter, or accepted as suitable for the proposed
use under procedures and power of the Administra-
tive Authority.
2. "Approved testing agency" means an organi-
zation primarily established for the purpose of test-
ing to approved standards and approved by the
Administrative Authority.
3. "Administrative Authority" is the individual
official, board, department, or agency established
and authorized by a State, County, City or other
political subdivision created by law to administer
and enforce the provisions of the swimming pool
code as adopted or amended.
4. "Backwash piping." See "Filter waste dis-
charge piping."
5. "Body feed" means filter aid fed into a diato-
mite-type filter throughout the filtering cycle.
6. "Cartridge filter" means a filter using caz-
tridge type filter elements.
7. "Chemical piping" means piping which con-
veysconcentrated chemical solutions from a feeding
appazatus to the circulation piping.
8. "Circulation piping system" means the piping
between the pool structure and the mechanical
equipment. Circulation piping system usually in-
cludes suction piping, face piping and return piping.
9. "Combination valve" means a multipart valve
intended to perform more than one function.
10. "Design head" means the total head require-
ment of the circulation system at the design rate of
flow.
11. "Diatomite" (Diatomaceous earth) means a
type of filter aid.
12. "Diatomite type filter" means a filter designed
to be used with filter aid.
13. "Face piping" means the piping, with all
valves and fittings, which is used to connect the
filter system together as a unit.
14. "Filter" means any appazatus by which water
is clarified.
15. "Filter aid" means a nonpermanent type of
filter media or aid such as diatomite, alum, etc.
16. "Filter cartridge" means a disposable or re-
newable filter element which generally employs no
filter aid.
17. "Filter element" means that part of a filter
which retains the filter media.
(a~perano 12-~> 448
16.32.071
11. The rated capacity of the pool pump in gal-
lons per minute at the design head with the size and
type of motor indicated and identified as
self-priming or straight centrifugal;
12. Means of adding make up water;
13. Show size, length from source to heater and
routing of gas line. All underground gas piping shall
have an approved wrap and be buried a minimum
of twelve inches unless protected by concrete walks
or decks;
14. Show location of any overhead electrical
service drops. The required clearance of overhead
electrical service wires shall conform to the current
National Electrical Code, as adopted by the City;
15. Pool contractor shall provide information on
pool excavator; City of Cupertino shall provide
forms. See Appendix A.
C. Engineering Requirements for All Pools.
1. Plans aze required showing structural steel
design and layout supported by calculations. The
design shall comply with the current Uniform Build-
ing Code, as adopted by the City. Plans and calcula-
tions shall be signed by the engineer of record.
2. The engineer of record shall indicate ac-
knowledgment of site and soil conditions for hillside
pool installations.
E. Ground Fault Interrupters. Electric power
extended to reaz yard or new added receptacle out-
lets for storable or portable pools shall be placed on
an electrical circuit protected by a ground fault
interrupter to conform with the current adopted
National Electrical Code of the City.
F. Bonding. All provisions for bonding of metal-
lic equipment, pool lighting, miscellaneous valves,
piping, diving boazds, slides, ladders, railings shall
be clamped, brazed or welded to pool reinforcing.
G. If the Administrative Authority determines
that the plans, specifications, drawings, descriptions
or information furnished by the applicant is in com-
pliance with this chapter, he shall issue the permit
applied for upon payment of the required fee as
hereinafter fixed.
The above requirements shall not void any re-
quirements by any other department or agency hav-
ing jurisdiction. (Ord. 1620 (part), 1993: Ord. 624
(part), 1974)
16.32.072 Cost of permit.
A. Every applicant for a permit to install, alter
or repair a pool system or part thereof shall state in
writing on the application form provided for that
purpose the character of work proposed to be done
and the amount and kind in connection therewith,
together with such information pertinent thereto as
may be required.
B. Such applicant shall pay for each permit
issued a fee in accordance with the schedule referred
to in Section 16.32.072 and at the rate provided for
each classification shown therein. A plan check fee
shall be paid upon presentation of plans for plan
checking.
C. Any person who commences any pool work
for which a permit is required by this chapter with-
out first having obtained a permit therefor shall, if
subsequently permitted to obtain a permit, pay dou-
ble the permit fee fixed by Section 16.32.072 for
such work; provided however, that this provision
shall not apply to emergency work when it is dem-
onstrated to the satisfaction of the Administrative
Authority that such work was urgently necessary
and that it was not practical to obtain a permit there-
for before the commencement of the work. In all
such cases, a permit must be obtained as soon as it
is practical to do so, and if there is an unreasonable
delay in obtaining such permit, a double fee as
herein provided shall be chazged. (Ord. 1620 (part),
1993: Ord. 624 (part), 1974)
16.32.073 Schedule of fees.
Fees shall be based on valuation and conform to
the schedule as listed under the current Uniform
Building Code, and in addition, one-half the permit
will be chazged for a plan check.
A. All Work to Be Inspected. All pool installa-
tions or alterations thereto including equipment,
piping and appliances related thereto shall be in-
spected by the Administrative Authority to insure
compliance with the requirements of this chapter.
4S5 (Cupertino 12-96)
16.32.073
B. Called Inspections. It shall be the duty of the
person doing the work authorized by the permit to
notify the Administrative Authority that said work
is ready for inspection. Such notification shall be
given not less than twenty-four hours before the
work is to be inspected. The Administrative Author-
ity may waive the requirement of written notice.
1. Pregunite inspection is required when all steel
is in place, piping from the pool area is in with
pressure test, all steel and related attachments aze
properly bonded and underwater light housing is
installed;
2. An inspection is required for ail conduit and
gas piping under slabs before decks aze poured;
3. Final inspection is required after all equip-
ment is in place and operating, the pool is filled
with water and all fences and gates aze installed;
4. A reinspection fee of five dollazs per inspec-
tion will be charged for each inspection over two
where the work is not ready or corrections have not
been completed;
5. The owner shall arrange with the Building
Department for inspectors to enter the property to
make necessary inspections in connection with the
pool. (Ord. 1620 (part), 1993: Ord. 624 (part), 1974)
16.32.080 Violation-Penalty.
A. 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.
B. The issuance of a permit upon plans and
specifications shall not prevent the Administrative
Authority from thereafter requiring the correction of
errors in said plans and specifications or from pre-
venting construction operations being carried on
thereunder when in violation of this chapter or of
any other ordinance or from revoking any certificate
of approval when issued in error.
C. Every permit issued by the Administrative
Authority under the provisions of this chapter shall
expire by limitation and becomes null and void if
the work authorized by such permit is not com-
menced within sixty days from the date of such
permit, or if the work authorized by such permit is
suspended or abandoned at any time after the work
is commenced for a period of sixty days. Before
such work can be recommenced, a new permit shall
be first obtained. (Ord. 1620 (part), 1993: Ord. 1179
§ 2 (part), 1982; Ord. 624 (part), 1974)
16.32.100 Effective date.
The ordinance codified in this chapter shall be
effective and operative thirty days from and after the
date of its adoption. (Ord. 1620 (part), 1993: Ord.
624 (part), 1974)
tc~,~oo ~a-~~ 456
Title 17
Sl GNS*
Chapters:
17.04 General Provisio>t><s
17.08 Definitions
17.12 Administrative P1-ocedures
17.16 Exempt Signs
17.20 Prohibited Signs
17.24 Sign Regulations
17.32 Temporary Signs-Regulations
17.44 Exceptions
17.52 Compliance and ]enforcement
* Prior ordinance history: Ords. 74f~, 894, 1208, 1320, and 1414.
~~g 1 (Cupertino 12-96)
17.52.040
erected, altered, relocated or maintained in violation
of any of the provisions of this title or any other
pertinent ordinance of the City, the Director shall in
writing inform the owner and the tenant of the prop-
erty on which the sign or structure is located that
the sign or structure must be removed within ten
days of receipt of the notice, or an application must
be made to the Director for sign approval. Failure
to take the required action shall result in a criminal
or civil sanction as provided by law.
B. If the Director finds that any temporary sign
or advertising device is in violation of this title or
any other pertinent ordinance of the City, the Direc-
tor shall notify the owner of, or tenant using the
sign in person or writing that the sign shall be im-
mediately removed.
C. If the Director finds that any sign or other
advertising structure, whether conforming with the
ordinance or not, is an immediate peril or menace
to the public, or to any person, the Director shall
cause it to be summarily removed. Upon removal,
the Director shall give written notice to the owner.
(Ord. 1624 (part), 1993)
17.52.050 Storage of removed signs.
Any sign removed by the Director shall be stored
in the City corporation yard and may be claimed
within thirty days after the sign was removed, pro-
vided that any cost incurred by the City has been
paid, and that a renewal of the building permit for
the sign has been secured. (Ord. 1624 (part), 1993)
17.52.060 Owner responsible for removal,
alteration or relocation costs.
Any cost incurred by the City in the removal,
alteration or relocation of any sign pursuant to the
provisions of this title or any other pertinent ordi-
nance of the City shall be paid by the owner or
person having beneficial enjoyment of the property
upon which such sign is located. (Ord. 1624 (part),
1993)
Cate or maintain a sign in violation of the provisions
of this title, the sign shall be considered a public
nuisance and the City Attorney is authorized to
bring and prosecute an action in a court of compe-
tent jurisdiction to enjoin such person from continu-
ing such violation. The procedures for nuisance
abatement are contained in Chapter 1.09 of this
Municipal Code. (Ord. 1624 (part), 1993)
17.52.080 Violation deemed
infraction-Penalty.
Any person, firm or corporation violating any
provisions of this title shall be deemed guilty of an
infraction, and upon conviction thereof, shall be
punished in the same manner as other infractions
provided under Chapter 1.12 of this Municipal
Code. (Ord. 1624 (part), 1993)
17.52.090 Appeals from decisions of the
Director.
A. The applicant, aggrieved by a decision of the
Director to order the removal of a sign, may appeal
such order or decision to the Planning Commission.
B. The appeal shall be made in writing, accom-
panied by the same information, application and fee
required for other applications made to the Planning
Commission.
C. Upon filing the appeal, the item shall be
placed on the Planning Commission agenda and
reviewed in accordance with the adopted procedures
of the Planning Commission.
D. The decision by the Planning Commission
shall be final unless appealed in the same manner
as required in Section 17.44.080. (Ord. 1624 (part),
1993)
17.52.070 Illegal signs-Deemed public
nuisance-Court action
authorized.
In the event any person should erect, alter, relo-
50:)51 S (Cupertino 12-96)
Tiitle 19
ZONING
Chapters:
19.04 General Provisions
19.08 Definitions
19.12 Designations and Establishment of Districts
19.16 Agricultural (A) :ones
19.20 Agricultural-Residential (A-1) Zones
19.24 Open Space (OS) Zones
19.28 Single-Family Re~adential (R-1) Zones
19.32 Residential Duplex (R-2) Zones
19.36 Multiple-Family Residential (R-3) Zones
19.40 Residential Hillside (RHS) Zones
19.44 Residential Single.-Family Cluster (RIC) Zones
19.48 Planned Developnnent (PD) Zones
19.52 Density Bonus
19.56 General Commercial (CG) Zones
19.60 Light Industrial (ML) Zones
19.64 Public Building (BA), Quasi Public Building
(BQ) and Transportation (T) Zones
19.68 Park and Recreation (PR) Zones
19.72 Private Recreation (FP) Zone
19.76 Administrative and Professional Office (OA)
Zones
19.80 Accessory Buildings/Structures
19.81 Recycling Areas
19.82 Beverage Container Redemption and Recycling
Centers
19.84 Second Dwelling lUnits in R-1, RHS, A, and A-1
Zones
19.88 Conversions of Apartment Projects to
Community Housing Projects
19.92 Home Occupations
19.96 Parking and Keeping Vehicles in Various Zones
569 (Cupemuo 12-96)
19.100 Off-Street Parking Regulations
19.104 Adult Oriented Commercial Activities
19.106 Concurrent Sale of Alcoholic Beverages and
Gasoline
19.108 Television and Radio Aerials (Antennas, Masts
and Towers)
19.112 Nonconforming Uses and Nonconforming
Facilities
19.116 Development Agreements
19.120 Amendments to the Zoning Maps and Zoning
Regulations
19.124 Conditional Use Permits and Variances
19.128 Temporary Uses
19.132 Administrative Approval of Minor Changes in
Projects
19.136 Appeals
(C~pectino 12-~~ 570
19.40.010
Chapter 19.40
RESIDENTIAL HII.LSIDE (RHS) ZONES*
Sections:
19.40.010 Purpose.
19.40.020 Applicability of regulations.
19.40.030 Permitted uses.
19.40.040 Conditional uses.
19.40.050 Site development regulations.
19.40.060 Building coverage, setbacks
and height restrictions.
19.40.070 Design standards.
19.40.080 Fencing.
19.40.090 Permitted yard encroachment.
19.40.100 Geologic and soils report
procedures.
19.40.110 Private roads and driveways.
19.40.120 Solar design.
19.40.130 Interpretation of planning
director.
19.40.140 Exceptions for development of
certain individual hillside lots.
19.40.145 Applicability.
* Prior history: Ord. 1601.
19.40.010 Purpose.
The purpose of the RHS zoning district is to
regulate development commensurate with
community goals, as described in the General Plan,
to preserve the natural setting in the hillsides. This
chapter utilizes performance standazds and specific
regulations to ensure that the utilization of land for
residential uses is balanced with the need to con-
serve natural resources and protect life and property
from natural hazazds. Specifically, this chapter is
intended to accomplish the following objectives:
A. Enhance the identity of residential neighbor-
hoods;
B. Ensure the provision of light and air to indi-
vidual residential parcels;
C. Ensure a reasonable level of compatibility in
scale of structures within residential neighborhoods;
D. Maintain spatial relationship between struc-
tures and within neighborhoods;
E. Reinforce the predominantly low-intensity
setting of the community;
F. Maintain a balance between residential devel-
opment and preservation of the natural hillside set-
ting;
G. Promote compatibility of colors and materials
of structures and the surrounding natural setting.
(Ord. 1634 (part), 1993)
19.40.020 Applicability of regulations.
No building or structure or land shall be used,
and no building or structure shall be hereafter erect-
ed, structurally altered or enlazged in a residential
hillside (RHS) zone, otherwise than in conformance
with the provisions of this chapter and other applica-
ble provisions of this title.
Notwithstanding any other provision of this chap-
ter to the contrary, structures which were legally
constructed prior to the effective date of the ordi-
nance codified in this section shall be deemed legal-
ly conforming; provided, however, that any structur-
al alteration, enlazgement or remodeling of such
existing structure shall either comply with the site
development regulations (building coverage, set-
backs, height restrictions and design standazds) of
this chapter or shall obtain an exception as provided
in Section 19.40.140. (Ord. 1725 (part), 1996: Ord.
1634 (part), 1993)
19.40.030 Permitted uses.
The following uses shall be permitted in an RHS
zoning district:
A. Single-family dwelling units with not more
than one dwelling unit per lot;
B. A second dwelling unit which conforms to
the procedure, standazds and requirements of Chap-
ter 19.84 of this code;
C. Home occupations which conform to the
procedure, standazds and requirements of Chapter
19.92 of this code;
D. Accessory buildings which conform to the
procedures, standazds and requirements of Chapter
19.80 of this code;
Sii8-17 (Cupertino 12-96)
19.40.030
E. Small-family day care home;
F. Residential Gaze facility with six or less resi-
dents not including the provider, provider family or
staff, that has a license from the appropriate State,
County agency or department;
G. The keeping of animals as follows:
1. Household pets limited to one animal per
three thousand square feet of lot azea except:
a. Adult dogs aze limited to a maximum of two
for lots less than one acre and four for lots greater
than one acre,
b. The number of geese, ducks, chickens, rabbits
and other farm animals are not limited on a site
greater than one acre,
2. Small household pets,
3. Lazge animals, such as horses, cows, sheep,
and goats, limited as follows:
a. Two lazge animals for the first forty thousand
squaze feet of land area, except mules and donkeys
which require eighty thousand squaze feet for the
first animal,
b. One additional lazge animal for each twenty
thousand square feet of land azea,
c. One additional lazge animal if said animal is
raised fora 4H project, a project sponsored by
recognized agricultural organization or a school
project,
4. The required lot area for a lazge animal shall
not be included in the required lot azea fora house-
hold pet or vice versa, except that a maximum of
two household pets may be kept with lazge animals,
5. All animals must be kept and maintained in
accordance with other Cupertino or Santa Clara
County codes and ordinances,
6. No animals kept and maintained in an RHS
zoning district may be raised for commercial pur-
poses,
7. Crop, tree or horticultural farming for person-
al use. Produce grown on the site may be sold if the
business activity is conducted in a manner consistent
with the home occupation ordinance;
H. Lazge family day Gaze home which meets the
pazking criteria contained in Chapter 19.100, and
which is at least three hundred feet from any other
large-family day caze home. The Director of Com-
munity Development or his/her designee shall
administratively approve lazge day Gaze homes to
ensure compliance with the parking and proximity
requirements;
I. Congregate residence with ten or less resi-
dents. (Ord. 1658 (part), 1995; Ord. 1688 § 3 (pazt),
1995; Ord. 1657 (part), 1994; Ord. 1634 (part),
1993)
19.40.040 Conditional uses.
The following uses may be conditionally allowed
in the RHS zoning 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 19.128 of this code,
2. Lazge-family day caze home which otherwise
does not meet the criteria for a permitted use. The
conditional use permit shall be processed as provid-
ed by Section 1597.46(3) of the State of California
Health and Safety Code,
3. The keeping of any animal not otherwise
permitted in Section 19.40.030G,
4. Home occupations that require a conditional
use permit pursuant to Chapter 19.92 of this code,
5. Buildings or structures which incorporate
solaz design features that require variations from
setbacks, upon a determination by the Duector that
the design feature or features will not result in pri-
vacy impacts, shadowing, or intensive noise, odor,
or other adverse impacts to the surrounding azea,
6. Second dwelling units which require a condi-
tional use permit pursuant to Chapter 19.84 of this
code,
7. Crop, tree or horticultural farming for com-
mercial purposes;
B. Issued by the Planning Commission:
1. Limited commercial recreation uses, such as
riding clubs and related stables and trails, golf
courses, swimming and picnic grounds,
2. Residential caze 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 provider, provider family or staff,
ccti~~ ~z-~> 588-18
19.40.140
19.40.140 Exception for development of
certain individual hillside lots.
A. With respect to a request for development of
a legally created individual hillside lot which does
not meet the development requirements contained in
Sections 19.40.OSOD through M and 19.40.060
through 19.40.090 and 19.40.110 through 19.42.120
of this chapter, the Planning Commission shall grant
an exception to allow development if the subject
property cannot be merged with adjacent property
pursuant to Government Code Sections 66451.10 -
66451.21 and if the commission, based upon sub-
stantial evidence, makes all of the following fmd-
ings:
1. The proposed development will not be injuri-
ous to property or improvements in the area nor be
detrimental to the public health and safety.
2. The proposed development will not create a
hazardous condition for pedestrian or vehicular
traffic.
3. The proposed development has legal access
to public streets and public services aze available to
serve the development.
4. The proposed development requires an excep-
tion which involves the least modification of, or
deviation from, the development regulations pre-
scribed in this chapter necessary to accomplish a
reasonable use of the pazcel.
5. All alternative locations for development on
the parcel have been considered and have been
found to create greater environmental impacts than
the location of the proposed development.
6. The proposed development does not consist
of structures on or near known geological or envi-
ronmental hazazds which have been determined by
expert testimony to be unsafe or hazazdous to struc-
tures or persons residing therein. (See General Plan
Policies 2-49.)
7. The proposed development includes grading
and drainage plans which will ensure that erosion
and scarring of the hillsides caused by necessary
construction of roads, housing sites, and improve-
ments will be minimized. (See General Plan Policies
2-53, 2-54 and 2-57.)
8. The proposed development does not consist
of structures which would disrupt the natural silhou-
ette of ridgelines as viewed from established vantage
points on the valley floor unless either:
a. The location of a structure on a ridgeline is
necessary to avoid greater negative environmental
impacts; or
b. The structure could not otherwise be physical-
ly located on the parcel and the size of the structure
is the minimum which is necessary to allow for a
reasonable use of the parcel. (See General Plan
Policies 2-46, 2-47 and 2-48.)
9. The proposed development consists of struc-
tures incorporating designs, colors, materials, and
outdoor lighting which blend with the natural hill-
side environment and which are designed in such a
manner as to reduce the effective visible mass,
including building height, as much as possible with-
out creating other negative environmental impacts.
(See General Plan Policies 2-46, 2-50, 2-51 and 2-
52.)
10. The proposed development is located on the
pazcel as faz as possible from public open space
preserves or pazks (if visible therefrom), riparian
corridors, and wildlife habitats unless such location
will create other, more negative environmental im-
pacts. (See General Plan Policies 2-55, 5-14 and 5-
28.)
11. The proposed development includes a land-
scape plan which retains as many specimen trees as
possible, which utilizes drought-tolerant native
plants and ground covers consistent with neazby
vegetation, and which minimizes lawn areas. (See
General Plan Policies 2-54, 5-15 and 5-16.)
12. The proposed development confines solid
fencing to the areas neaz a structure rather than
around the entire site. (See General Plan Policy 5-
17.)
13. The proposed development is otherwise con-
sistent with the City's General Plan and with the
purposes of this chapter as described in Section
19.40.010.
B. An application for exception must be submit-
ted on a form as prescribed by the Duector of Com-
munity Development. The application shall be ac-
588-22c ccu~moo is-~>
19.40.140
companied by a fee prescribed by City Council
resolution, no part of which shall be refundable, to
the applicant. Upon receipt of an application for an
exception, the Director shall issue a Notice of Public
Hearing before the Planning Commission for an
exception under this chapter in the same manner as
provided in Section 19.120.060 (relating to zoning
changes). After a public hearing, and consideration
of the application in conjunction with the mandatory
findings contained in subsection A above, the Plan-
ning Commission shall approve, conditionally ap-
prove or deny the application for an exception. The
decision of the Planning Commission may be ap-
pealed to the City Council as provided in Section
19.136.060.
C. An exception which has not been used within
two years following the effective date thereof, shall
become null and void and of no effect unless a
shorter time period shall specifically be prescribed
by the conditions of such permit or variance. An
exception permit shall be deemed to have been
"used" in the event of the erection of a structure or
structures when sufficient building activity has oc-
curred and continues to occur in a diligent manner.
D. In addition to any other remedies, the City
Attorney is authorized to commence and maintain
a civil action to enforce the provisions of this chap-
ter or any conditions attached to the granting of any
permit or exception granted under this chapter. (Ord.
1725 (part), 1996; Ord. 1634 (part), 1993)
19.40.145 Applicability.
This chapter shall apply to any permit filed after
Apri18, 1996, provided, however, that an exception
previously granted, and for which building permits
are obtained two years after the effective date of the
ordinance codified in this section, is exempt. (Ord.
1725 (part), 1996)
cC~penino 12-~> 588-22d
19.52.030
and an additional concession, to developers agreeing
to construct at least:
1. Twenty percent of the units for lower income
households; or
2. Ten percent of the units for very low income
households; or
3. Fifty percent of the units for senior citizens,
unless prohibited by State and/or Federal law.
B. If a development agrees to construct both
twenty percent of the total units for lower-income
households and ten percent of the total units for
very low-income households, the developer remains
entitled to only one density bonus and an additional
concession. However, in such circumstance, the
City, at its discretion, may grant more than one
density bonus.
C. Projects with affordable units which meet the
requirements set forth in this chapter aze entitled to
a density bonus and additional concession, unless:
1. The City Council adopts a written finding
that the additional concession is not required to
make the units affordable.
D. Nothing in this chapter limits the City's right
to deny an affordable housing project if the City
Council fords, based on substantial evidence, any
one of the following:
1. The City has adopted an adequate housing
element, and the project is not needed for the City
to meet its share of the regional housing need of
lower income housing.
2. The project as proposed would have a specif-
ic, adverse impact upon the public health or safety
which cannot be satisfactorily mitigated without
rendering it unaffordable to lower-income house-
holds.
3. The denial of the project or imposition of
conditions is required in order to comply with State
or Federal law and there is no feasible method to
comply without rendering the development unafford-
able to lower-income households.
4. Approval of the development project would
increase the concentration of lower-income house-
holds in a neighborhood that already has a
disproportionately high number of lower-income
households.
5. The development project is proposed on land
zoned for agriculture or resource preservation which
is surrounded on at least two sides by land being
used for agricultural or resource preservation pur-
poses, and which does not have adequate water or
wastewater facilities to serve the project.
6. The development project is inconsistent with
the City's General Plan land use designation as it
existed on the date the application was deemed
complete, and the City has adopted a housing ele-
ment pursuant to State law.
E. Nothing in this chapter limits the City's right
to deny a senior citizen housing project if the City
fords, based on substantial evidence, that the project
would have a specific, adverse impact upon the
public health or safety; and there is no feasible
method to satisfactorily mitigate or avoid the ad-
verse impact identified. (Ord. 1569 § 1 (part), 1991)
19.52.040 Concessions.
The State-mandated concession will be selected
from the following list:
A. A reduction in site development standazds or
a modification of the requirements of the Zoning
Ordinance. For applications involving the modifica-
tion of zoning or development standards, the hous-
ing developer shall show that the waiver or modifi-
cation is necessary to make the housing units eco-
nomically feasible. Permissible incentives include,
but are not limited to:
1. Reduction of pazking requirements,
2. Reduction of open space requirements,
3. Reduction of setback requirements,
4. Approval of mixed-use zoning in conjunction
with the housing project if commercial, office, in-
dustrial or other land uses will reduce the cost of the
housing development, and if the commercial, office,
industrial or other land uses aze compatible with the
housing project and the existing planned develop-
ment in the azea where the proposed housing project
will be located;
B. Other regulatory concessions proposed by the
developer or the City, which result in identifiable
cost reductions. Permissible concessions include, but
aze not limited to:
588-33 ccuarooo ~2-~~
19.52.040
1. Reduction of park dedication fees,
2. Reduction of application or construction
permit fees,
3. Provision of tax-exempt financing or other
financial assistance as approved by the City Council;
C. A housing development which provides af-
fordable units must show that the requested conces-
sions directly affect the economic feasibility of
including the affordable units in the project. (Ord.
1569 § 1 (part), 1991)
19.52.050 General requirements.
A. Affordable units must remain affordable for
thirty years if both a density bonus and an addition-
al concession are granted. These units shall remain
affordable for a longer period of time if required by
the construction or mortgage financing assistance
program, mortgage insurance program, or rental
subsidy program. If only a density bonus is granted,
the affordable units shall remain affordable for ten
years.
B. First priority for the affordable units will be
given to individuals who reside, work, go to school,
or have family in the City of Cupertino.
C. A master regulatory agreement shall be made
between the developer and the City which indicates
the household type, number, location, size and con-
struction scheduling of all affordable units, and such
information as shall be required by the City for the
purpose of determining the developer's compliance
with this chapter.
D. Affordable units in a project and phases of a
project shall be constructed concurrently with or
prior to the construction of market-rate units.
E. Affordable units shall be provided as follows:
1. Affordable units shall be dispersed throughout
the project;
2. Affordable units shall be identical with the
design of any market rate rental units in the project
with the following exception:
a. Reduction of interior amenities for affordable
units will be permitted upon prior approval by the
City Council as necessary to retain project afford-
ability.
F. For purposes of calculating a density bonus,
the residential units do not have to be based upon
individual subdivision maps or pazcels. The density
bonus shall be permitted in geographic azeas of the
housing development other than the areas where the
affordable units are located.
G. The developer shall submit a project financial
report (pro forma) to allow the City to evaluate the
financial need for the State-mandated additional
incentives. The City may retain a consultant to re-
view the financial report. The cost of the consultant
shall be borne by the developer with the following
exception:
1. If the applicant is a nonprofit organization,
the cost of the consultant may be paid by the City
upon prior approval of the City Council. (Ord. 1569
§ 1 (part), 1991)
19.52.060 Requirements for projects with
affordable units.
A. All affordable units shall be occupied by the
household type specified in the written agreement
required under Section 19.52.120C. The developer's
obligation to maintain these units as affordable
housing shall be evidenced by the master regulatory
agreement which shall be recorded as deed restric-
tion running with the land.
B. Those units targeted for lower-income house-
holds shall be affordable at a rent that does not
exceed twenty-five percent of the HUD income
limits for lower-income households for Santa Clara
County adjusted for household size.
C. Those units targeted for very low-income
households shall be affordable at a rent that does not
exceed twenty-five percent of the HUD income
limits for very low-income households for Santa
Clara County adjusted for household size.
D. Prior to the rental of any affordable unit, the
City or its designee, shall verify the eligibility of the
prospective tenant. The owner shall obtain and
maintain on file certifications by each household.
Certification shall be obtained immediately prior to
initial occupancy by each household and annually
thereafter, in the form provided by the City or its
designee. The owner shall obtain updated forms for
(Cupertino 12-96) 588-34
19.52.060
each household on request by the City, but in no
event less frequently than once a year. The owner
shall maintain complete, accurate and current re-
cords pertaining to the housing development, and
will permit any duly authorized representative of the
City to inspect the records pertaining to the afford-
able units and occupants of these units.
E. The City may establish fees associated with
the setting up and monitoring of affordable units.
F. The owner shall submit an annual report to
the City, on a form provided by the City. The report
shall include for each affordable unit the rent, in-
come, and family size of the household occupying
the unit.
G. The owner shall provide to the City any
additional information required by the City to insure
the long-term affordability of the affordable units by
eligible households. (Ord. 1731 (part), 1996; Ord.
1569 § 1 (part), 1991)
19.52.070 Application procedure.
A. A developer may submit to the Planning De-
partment apreliminary proposal for the development
of housing pursuant to this chapter prior to the
submittal of any formal application. The City shall,
within ninety days of receipt of a written proposal,
notify the housing developer in writing of its local
density procedures. The City shall establish proce-
dures for waiving or modifying development and
zoning standards which would otherwise inhibit the
utilization of the density bonus on a particular site.
These procedures shall include, but not be limited
to, such items as minimum lot size, side-yard set-
backs, and placement of public works improve-
ments. The housing developer shall show that the
requested waiver or modification is necessary to
make the affordable units economically feasible.
B. Formal application shall follow the review
process as set forth for conditional use permits in
Chapter 19.124 of the Cupertino Municipal Code
established by the City and shall provide additional
information as specified in this chapter, specifically:
1. Provide a written statement specifying the
desired density increase, incentive requested and the
type, location, size and construction scheduling of
all dwelling units;
2. Submit a project financial report (pro forma),
as required;
3. Any other infonmation requested by the Di-
rector of Community Development. (Amended dur-
ing 4/94 supplement; Ord. 1569 § 1 (part), 1991)
588-35 (Cupertino 12-~)
19.56.010
Chapter 19.56
GENERAL COMMERCIAL (CG) ZONES*
Sections:
19.56.010 Purpose.
19.56.020 Applicability of regulation.
19.56.030 Permitted uses.
19.56.040 Conditional uses.
19.56.050 Excluded uses.
19.56.060 Architectural and site review
for new development.
19.56.070 Land use activity and site
development regulations.
19.56.080 Interpretation by the Planning
Director.
'~ Prior history: amended during 4/94 supplement and by Ords. 1601,
1618, 1630 and 1637.
19.56.010 Purpose.
The purpose of the general commercial zoning
district is to establish regulations for retailing,
offices and service establishment offering goods and
services to the general public which will assure
maximum compatibility with surrounding residential
areas as well as minimize adverse traffic impacts
resulting from commercial development. (Ord. 1687
Exh. A (part), 1995)
19.56.020 Applicability of regulation.
No building, structure, or land shall be used, and
no building or structure shall be erected, structurally
altered, or enlazged in a CG zone, otherwise than in
conformance with the provisions of this chapter and
other applicable provisions of this title. (Ord. 1687
Exh. A (part), 1995)
19.56.030 Permitted uses.
The following uses shall be permitted in a general
commercial (CG) zoning district subject to the per-
formance standards contained in Section 19.56.070.
A. Retail businesses, such as, but not limited to,
food stores (excluding convenience mazkets), drug-
stores, appazel shops, variety stores and hazdwaze
stores;
B. Full service restaurants (without sepazate baz
facilities) where all public entrances face away from
residential zoning districts and where the required
customer pazking is located within close proximity
of the entrance and is more than one hundred feet
from any residential district;
C. Professional, general, administrative, business
offices, business services, such as advertising bu-
reaus, credit reporting, accounting and similaz con-
sultingagencies, stenographic services, and commu-
nication equipment buildings, except that such uses
shall not comprise more than twenty-five percent of
the building space in a shopping center;
D. Banks, financial institutions, insurance and
real estate agencies, travel agencies, photography,
and similaz studios which directly serve the public;
F. Laundry facilities, including self service and
full service operations; and retail dry cleaning estab-
lishments, provided that the solvents used in the
cleaning process shall not be used or stored in any
manner not approved by the State Fire Mazshal and
provided the establishment received approval from
the Bay Area Air Quality Management District. Dry
cleaning is limited to items directly delivered to the
establishment by retail customers;
G. Private clubs, lodges, or fraternal organiza-
tions assubordinate uses in buildings intended pri-
marily for other permitted uses provided for in this
section;
H. Limited repair services, such as jewelry,
household appliance, typewriter and business ma-
chine repair shops;
I. Personal service establishments such as baz-
bershops, beauty parlors, massage establishments,
shoe repair shops, and tailor shops;
J. Accessory facilities and uses customarily
incidental to permitted uses;
K. A maximum of four video game machines,
provided these machines are incidental to the main
activity of the business;
L. Specialty food stores which comprise less
than fifty percent of the retail space of a single
(Cti-peitino 12-96) 588-36
19.81.010
Chapter 19.81
RECYCLING AREAS
Sections:
19.81.010 Purpose.
19.81.020 Definitions.
19.81.030 Applicability of regulations.
19.81.040 Site development regulations.
19.81.050 Maintenance and collection.
19.81.060 Violation-Penalty.
19.81.010 Purpose.
A. All cities and counties are under a legal obli-
gation to meet the provisions of the California Inte-
grated Waste Management Act (AB 939), which
requires that by January 1, 2000, fifty percent of the
solid waste generated must be diverted through
source reduction, recycling and composting activi-
ties. To divert fifty percent of all solid waste re-
quires the participation of the residential, commer-
cial, industrial and public sectors.
B. The lack of adequate azeas for collecting and
loading recyclable materials that aze compatible with
surrounding land uses is a significant impediment to
diverting solid waste and constitutes an urgent need
for State and local agencies to address access to
solid waste for source reduction, recycling and
composting activities. The State Legislature, in
passing the California Solid Waste Reuse and Recy-
cling Access Act of 1991 (AB 1327), requires all
local agencies to adopt an ordinance by September
1, 1994 relating to adequate azeas for collecting and
loading recyclable materials in development pro-
jects. If the local agency fails to act by the deadline,
the law requires the agency to enforce the State's
model ordinance. The model ordinance has been
revised to fit local conditions, but otherwise com-
plies with AB 1327. (Ord. 1671 (part), 1994)
19.81.020 Defmitions.
As used in this chapter:
A. "Development project" means any of the
following:
1. A project for which a building permit is
required for a commercial, industrial, institutional or
quasi-public building, or residential building having
five or more living units, where solid waste is col-
lected and loaded.
2. Any residential project where solid waste is
collected and loaded in a location serving five or
more living units.
3. Any new public facility where solid waste is
collected and loaded, including any improvements
to the azeas of a public facility which aze used for
collecting and loading solid waste.
4. Any subdivisions or tracts of single-family
detached homes if, within such subdivisions or tracts
there is an azea where solid waste is collected and
loaded in a location which serves five or more liv-
ingunits. In such instances, recycling areas as speci-
fied in this chapter are only required to serve the
needs of the living units which utilize the solid
waste collection and loading azea.
B. "Improvement" means a site or building
change which adds to the value of a facility, pro-
longs its useful life, or adapts it to new uses. Im-
provements do not include repairs which keep facili-
ties in good operating condition, but do not materi-
ally add to the value of the facility, and do not sub-
stantially extend the life of the facility.
C. "Public facility" means, but is not limited to,
buildings, structures and outdoor recreation azeas
owned by a local agency.
D. "Recycling azea" means space allocated for
collecting and loading of recyclable materials. Such
azeas shall have the ability to accommodate recepta-
cles for recyclable materials. Recycling azeas shall
be accessible and convenient for those who deposit
as well as those who collect and load the recyclable
materials placed in the receptacles for such materi-
als.
E. "Recyclable material" means discazds or
waste materials that may be sepazated or mixed,
collected and processed, and used as raw materials
for new products. For purposes of this chapter,
recyclable materials include any discazd or waste
material for which there is currently a feasible col-
lection system available. (Ord. 1671 (part), 1994)
588-52a (Cupertino 12-96)
19.81.030
19.81.030 Applicability of regulations.
The site development regulations prescribed in
Section 19.81.040 shall apply to all development
projects which meet the following criteria:
A. Any new development project for which an
application for a building permit is submitted on or
after September 1, 1994;
B. Any improvements to azeas of a public facili-
ty used for collecting and loading solid waste;
C. Any existing development project for which
an application for a building permit is submitted on
or after September 1, 1994 for a single alteration
which is subsequently performed that adds thirty
percent or more to the existing floor azea of the
development project;
D. Any existing development project for which
an application for a building permit is submitted on
or after September 1, 1994 for multiple alterations
which aze conducted within atwelve-month period
which collectively add thirty percent or more to the
existing floor area of the development project;
E. Any existing development project for which
multiple applications for building permits are sub-
mitted within atwelve-month period beginning on
or after September 1, 1994 for multiple alterations
which aze subsequently performed that collectively
add thirty percent or more to the existing floor azea
of the development project;
F. Any existing development project occupied
by multiple tenants, one of which submits on or
after September 1, 1994 an application fora build-
ing permit for a single alteration which is subse-
quently performed that adds thirty percent or more
to the existing floor azea of that portion of the de-
velopment project which the tenant leases;
G. Any existing development project occupied
by multiple tenants, one of which submits on or
after September 1, 1994 an application fora build-
ing permit for multiple alterations which are con-
ducted within atwelve-month period which collec-
tively add thirty percent or more to the existing
floor azea of that portion of the development project
which the tenant leases; and
H. Any existing development project occupied
by multiple tenants, one of which submits within a
twelve-month period beginning on or after Septem-
ber 1, 1994 multiple applications for building per-
mits for multiple alterations which aze subsequently
performed that collectively add thirty percent or
more the existing floor azea of that portion of the
development project which the tenant leases. (Ord.
1671 (part), 1994)
19.81.040 Site development regulations.
Development projects as provided for in Section
19.81.030 shall provide adequate, accessible and
convenient areas for collecting and loading recycla-
ble materials. Structures built to enclose recycling
containers, bins and azeas are considered accessory
structures and aze thus subject to the provisions of
Chapter 19.80.
A. Recycling azeas shall not be located in any
area required to be constructed or maintained as
unencumbered, according to any applicable federal,
state or local laws relating to fire, access, building,
transportation, circulation or safety.
B. Recycling azeas shall be located so they aze
at least as convenient for those persons who deposit,
collect and load the recyclable materials placed in
the receptacles as the location(s) where solid waste
is collected and loaded. Whenever feasible, areas for
collecting and loading recyclable materials shall be
adjacent to the solid waste collection azeas.
C. The development of recycling areas shall
generally comply with the site and design guidelines
adopted in City Council Resolution No. 9219.
D. Any costs associated with adding recycling
space to existing development projects shall be the
responsibility of the project applicant.
E. Recycling azeas for existing multiple tenant
development projects shall, at a minimum, be suffi-
cient in capacity, number, and distribution to serve
that portion of the development project leased by
the tenant who submitted an application resulting in
the requirement of a recycling azea under Section
19.81.030 of this chapter. (Ord. 1671 (part), 1994)
19.81.050 Maintenance and collection.
Recyclable materials shall not be allowed to
(capertino 12-96) 588-52b
19.81.050
accumulate such that a visual or public health or
safety nuisance is created. The property owner is
responsible for arranging the pickup of recyclable
materials by the recycling contractor. Maintenance
of each recycling and trash enclosure is also the
responsibility of the property owner. The recycling
and solid waste contractors are responsible for main-
tenance of their respective bins and containers. (Ord.
1671 (part), 1994)
19.81.060 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 of this code. (Ord. 1671 (part), 1994)
588-52c ccu~~;~ iz-~>
19.82.010
Chapter 19.82
BEVERAGE CONTAINER REDEMPTION
AND RECYCLING CENTERS
Sections:
19.82.010 Purpose.
19.82.020 Application/penalty.
19.82.030 Definitions.
19.82.040 Permits required.
19.82.050 Permits for multiple sites.
19.82.060 Criteria and standards.
19.82.070 Administrative procedures.
19.82.010 Purpose.
The purpose of this chapter is to establish regula-
tions regarding beverage container redemption and
recycling centers. (Ord. 1682 (part), 1995)
19.82.020 Application/penalty.
It is unlawful for a recycling facility to be placed,
erected, moved, reconstructed or altered unless made
to comply with the provisions of this title. Violation
of this chapter is an infraction and is punishable as
provided in Chapter 1.12 of this code. (Ord. 1682
(part), 1995)
19.82.030 Defmitions.
A. "Recyclable materials" means discazds or
waste materials that may be sepazated or mixed,
collected and processed, and used as raw materials
for new products. For purposes of this chapter, recy-
clable material does not include hazardous materials.
B. "Recycling center" means a facility for the
collection and/or processing of recyclable materials.
1. Certified recycling center or certified proces-
sor means a recycling facility certified by the Cali-
fornia Department of Conservation as meeting the
requirements of the California Beverage Container
Recycling and Litter Reduction Act of 1986.
2. Recycling center does not include storage
containers or processing activity located on the
premises of a commercial or manufacturing use and
use solely for the recycling of material generated by
that business or manufacturer. Recycling facilities
may include the following:
a. "Collection facility" means a facility for the
acceptance (donation, redemption or sale) of recy-
clable materials from the public. Such a facility does
not use power-driven processing equipment except
as indicated in standards and conditions, in this
chapter. Collection facilities may include the follow-
ing:
i. Reverse vending machine(s);
ii. Small collection facilities which occupy an
area of not more than five hundred squaze feet, and
may include:
(A) A mobile recycling unit,
(B) Bulk reverse vending machine or a grouping
of reverse vending machines occupying more than
fifty square feet,
(C) Kiosk type units and bulk vending machines,
(D) Unattended containers placed for the donation
of recyclable materials;
iii. Lazge collection facilities which may occupy
an azea of more than five hundred squaze feet and
may include permanent structures.
b. "Processing facility" means a building or
enclosed space use for the collection and processing
of recyclable materials. Processing means the prepa-
ration of material for efficient shipment or to an
end-user's specifications, by such means as baling,
briquetting, compacting, flattening, grinding, crush-
ing, mechanical sorting, shredding, cleaning, and
remanufacturing. Processing facility includes the
following:
i. Alight processing facility occupies an azea
of under forty-five thousand square feet of gross
collection, processing and storage azea and has up
to two outbound truck shipments per day. Light pro-
cessing facilities aze limited to baling, briquetting,
crushing, compacting, grinding, shredding and sort-
ing of source-sepazated recyclable materials and
repairing of reusable materials sufficient to qualify
as a certified processing facility. A light processing
facility shall not shred, compact, or bale ferrous
metals other than food and beverage containers.
ii. A heavy processing facility is any processing
facility other than a light processing facility.
(c~pertino ~2-~) 588-52d
19.82.060
7. One parking space will be provided for each
commercial vehicle operated by the recycling center.
Parking requirements will be as provided for in the
zone, except that parking requirements for employ-
ees may be reduced when it can be shown that
parking spaces aze not necessary, such as when
employees aze transported in company vehicle to a
work facility;
8. Shall comply with the City's noise ordinance;
9. If the facility is located within five hundred
feet of property zoned or occupied for residential
use, it shall not be in operation between 7:00 p.m.
and 7:00 a.m.;
10. Any containers provided forafter-hours dona-
tion of recyclable materials will be at least fifty feet
from any property zoned or occupied for residential
use, shall be of sturdy, rustproof construction, shall
have sufficient capacity to accommodate materials
collected and shall be secure from unauthorized
entry or removal of materials. Containers shall be
at least ten feet from any building;
11. Donation azeas will be kept free of litter and
any other undesirable material and the containers
will be clearly marked to identify the type of materi-
al that may be deposited; facility shall display a
notice stating that no material shall be left outside
the recycling containers;
12. Facility will be clearly mazked with the name
and phone number of the facility operator and the
hours of operation; identification and informational
signs will meet the standards of the zone; and direc-
tional signs, bearing no advertising message, may be
installed with the approval of the Director of Com-
munity Development if necessary to facilitate traffic
circulation, or if the facility is not visible from the
public right-of--way;
13. Power driven processing, including aluminum
foil and can compacting, baling, plastic shredding,
or other light processing activities necessary for
efficient temporary storage and shipment of material
may be approved through a use permit process or at
the discretion of the Director of Community Devel-
opment if noise and other conditions aze met;
14. Sanitation control and practices shall be in-
stalled and used to maintain each site in a manner
free of rodents, insects and other vectors.
D. Processing Facilities. A processor will meet
the following conditions:
1. Facility does not abut a property zoned for
residential use;
2. Processor will operate in a wholly enclosed
building except for incidental storage, or:
a. Within an area enclosed on all sides by an
opaque fence or wall not less than eight feet in
height and landscaped on all street frontages,
b. Located at least one hundred fifty feet from
a residential zone;
3. Power-driven processing shall be permitted,
provided all noise level requirements aze met. Light
processing facilities are limited to baling,
briquetting, compacting, grinding, shredding and
sorting of source-separated recyclable materials and
repairing of reusable materials;
4. Alight processing facility shall be no lazger
than forty-five thousand squaze feet and shall have
no more than two outbound truck shipments of
material per day and may not shred, compact or bale
ferrous metals other than food and beverage contain-
ers;
5. A processing facility may accept used motor
oil for recycling from the generator; in amounts no
greater than twenty gallons per shipment and the
contents of any single container must not exceed
five gallons; in accordance with Section 25250.11
of the California Health and Safety Code;
6. Setbacks and landscaping requirements shall
be those provided for the zoning district in which
the facility is located;
7. All exterior storage of material shall be in
sturdy nonflammable containers which aze covered,
secured and maintained in good condition. Baled or
pelletized material may also be stored. Oil storage
must be in containers approved by the Fire Maz-
shall. No storage will be visible above the height of
the fence;
8. Site shall be maintained free of litter and any
other undesirable materials, and will be cleaned of
loose debris on a daily basis and will be secured
588-52i cc~a~aoo iz-~>
19.82.060
from unauthorized entry and removal of materials
when attendants aze not present;
9. Space shall be provided on site for the antici-
pated peak load of customers to circulate, park and
deposit recyclable materials. If facility is open to the
public, space will provided for a minimum of ten
customers;
10. One pazking space will be provided for each
commercial vehicle operated by the processing
center. Parking requirements will otherwise be as
mandated by the zone in which the facility is locat-
ed;
11. Shall comply with the City's noise ordinance;
12. If the facility is located within 500 feet of
property zoned or occupied for residential use, it
shall not be in operation between 7:00 p.m. and
7:00 a.m. Facility will be administered by on-site
personnel during the hours the center is open;
13. Any containers provided forafter-hours dona-
tion of recyclable materials will be at least one
hundred feet from any property zoned or occupied
for residential use, shall be of sturdy, rustproof
construction, shall have sufficient capacity to ac-
commodate materials collected and shall be secure
from unauthorized entry or removal of materials.
Containers shall be at least ten feet from any build-
ing;
14. Donation azeas shall be kept free of litter and
any other undesirable material. The containers shall
be clearly mazked to identify the type of material
that may be deposited. Facility shall display a notice
stating that no material shall be left outside the
recycling containers;
15. Sign requirements shall be those provided for
the zoning district in which the facility is located.
In addition, facility will be clearly marked with the
name and phone number of the facility operator and
the hours of operation;
16. No dust, fumes, smoke, vibration or odor
above ambient level may be detectable on neighbor-
ing properties;
17. Sanitation control and practices shall be in-
stalled and used to maintain each site in a manner
free of rodents, insects, and other vectors. (Ord.
1682 (part), 1995)
19.82.070 Administrative procedures.
A. Administrative Permit. The Duector of Com-
munity Development shall have the authority to
review and approve applications for reverse vending
machines, a grouping of reverse vending machines
occupying more than fifty squaze feet and a mobile
recycling center which uses exclusively an enclosed
vehicle.
Each applicant shall use a form specified by the
Director which defines administrative fees and other
filing requirements. The form shall be signed by the
property owner and the applicant.
An applicant may file an appeal, within five
working days from date of the Director's disapprov-
al, to be heazd by the City's Planning Commission.
The commission shall consider the matter within one
month from date of the disapproval.
B. Planning Commission. The Planning Commis-
sion shall have the authority to review and approve
applications for bulls vending machines, kiosk units,
unattended containers, and other small collection
facilities other than reverse vending machines,
groupings of reverse vending machines and mobile
recycling centers using exclusively enclosed vehicles
referred to in Section 19.82.070A.
An application shall be made on a form specify-
ing type, number of exhibits and filing fees by the
Department of Community Development and shall
be signed by the property owner and applicant. The
application shall contain information regazding the
size, location, signage, illumination, and other infor-
mation to enable the commission to evaluate the
application pursuant to the standazds contained in
this ordinance. (Ord. 1682 (part), 1995)
~a,~~oo iz-~> 588-52j
19.106.010
Chapter 19.106
CONCURRENT SALE OF ALCOHOLIC
BEVERAGES AND GASOLINE
Sections:
19.106.010 Purpose.
19.106.020 Applicability.
19.106.030 Granting of use permit.
19.106.040 Public hearing.
19.106.050 Use permit grant or denial-
Findings.
19.106.060 Restrictions.
19.106.070 Appeals.
19.106.010 Purpose.
The purpose of this chapter is to establish regula-
tions pertaining to those establishments which con-
currently sell motor vehicle fuel and alcoholic bev-
erages, including beer and wine. (Ord. 1478 § 1
(Part), 1988)
19.106.020 Applicability.
This chapter applies to any establishment within
a General Commercial (CG) zone which, pursuant
to a conditional use permit, sells or proposes to sell,
concurrently, alcoholic beverages, including but not
limited to beer and wine, and motor vehicle fuel.
(Ord. 1478 § 1 (part), 1988)
19.106.030 Granting of use permit.
An establishment subject to this chapter may be
permitted where it, in the opinion of the Planning
Commission, is compatible with existing and
planned uses in the particulaz zone or neighborhood.
(Ord. 1478 § 1 (part), 1988)
laz conditional use permit application. (Ord. 1478 §
1 (part), 1988)
19.106.050 Use permit grant or denial-
Findings.
Written findings regarding the granting or denial
of any conditional use permit subject to this chapter
shall be made by the Planning Commission, and
shall be based on substantial evidence in light of the
entire administrative record. (Ord. 1478 § 1 (part),
1988)
19.106.060 Restrictions.
Notwithstanding any other provisions of law, any
establishment subject to this chapter shall abide by
the following restrictions. These standazds are the
minimum state standazds which do not limit local
regulation otherwise permitted under Section
23790.5 of the Business and Professions Code:
A. No beer or wine shall be displayed within
five feet of the cash register or the front door unless
it is in a permanently affixed cooler.
B. No advertisement of alcoholic beverages shall
be displayed at motor fuel islands.
C. No sale of alcoholic beverages shall be made
from adrive-in window.
D. No display or sale of beer or wine shall be
made from an ice tub.
E. No beer or wine advertising shall be located
on motor fuel islands and no self-illuminated adver-
tising for beer or wine shall be located on buildings
or windows.
F. Employees on duty between the hours of ten
p.m. and two a.m. who sell beer or wine shall be at
least twenty-one yeazs of age. (Ord. 1731 (part),
1996; Ord. 1478 § 1 (part), 1988)
19.106.040 Public hearing.
A. The Planning Commission, after having re-
ceived an application for a conditional use permit by
any person proposing a use which is subject to this
chapter, shall set a time for the holding of a public
heazing thereon.
B. Any person may address the Planning Com-
mission and present testimony regarding the particu-
19.106.070 Appeals.
A. Any person aggrieved by a decision of the
Planning Commission under the provisions of this
chapter may appeal the decision to the City Council
by filing written notice of the appeal with the City
Clerk within five days after the date of the decision.
B. Such notice of appeal must state:
1. The asserted error;
SF;8-74a cc~~w~o 12-96)
19.106.070
2. The grounds upon which the appeal is taken;
and
3. The name of the party appealing.
The notice of appeal must be signed by the party
appealing, or by his agent. Such notice of appeal
shall not be effective unless it is filed with the City
Clerk within the time required by subsection A of
this section.
C. A public hearing shall be held by the City
Council within thirty days from the date of the
filing of the notice.
D. Notice of the time and place of the hearing
shall be given by mail, postage prepaid, and dis-
patched not less than ten days prior to the hearing
to the applicant at his address as shown upon notice
of appeal.
E. The City Council shall hear the appeal. At the
conclusion of the hearing, the Council may affirm,
reverse or modify the action appealed; subject,
however, to the provisions of this chapter. The
findings and decisions of the City Council shall be
entered upon the minutes of the City Council, and
the decision shall be final and shall take effect as
directed by the City Council. (Ord. 1478 § 1 (part),
1988)
(Cupertino ~z-~) 588-74b
19.116.010
Chapter 19.116
DEVELOPMENT AGREEMENTS
Sections:
19.116.010 Findings and declaration of
intent.
19.116.020 Purpose of development
agreement.
19.116.030 Authority for adoption.
19.116.040 Definitions.
19.116.050 Forms and information.
19.116.060 Fees.
19.116.070 Qualification as an applicant.
19.116.080 Proposed form of development
agreement.
19.116.090 Review of application.
19.116.100 Contents of development
agreement.
19.116.110 Public hearing.
19.116.120 Review~tandard.
19.116.130 Recommendation by Planning
Commission.
19.116.140 Ordinance-Public hearing.
19.116.150 Conduct of hearing.
19.116.160 Consistency with general and
specific plans.
19.116.170 Notice.
19.116.180 Form and time of notice of
intention to consider adoption
of development agreement.
19.116.190 Failure to receive notice.
19.116.200 Rules governing conduct of
hearings.
19.116.210 Irregularity in proceeding.
19.116.220 Time for and initiation of
review.
19.116.230 Finding of compliance-
Appeal.
19.116.240 Finding of noncompliance-
Appeal.
19.116.250 Appeal of determination.
19.116.260 Reference to Planning
Commission.
19.116.270 Cancellation or modification by
mutual consent.
19.116.280 Cancellation by the City.
19.116.290 Rights of the parties after
cancellation or termination.
19.116.300 Rules affecting development
agreement.
19.116.310 Separate procedure.
19.116.320 Effect of development
agreement.
19.116.330 Construction.
19.116.340 Execution and recordation of
development agreement,
amendment or cancellation.
19.116.360 Judicial review-Time
limitation.
19.116.010 Findings and declaration of
intent.
A. The California Legislature in Section 65864
of the Government Code has found that the lack of
certainty in the approval of development projects
can result in a waste of resources, escalate the cost
of housing and other development to the consumer,
and discourage investment in and commitment to
comprehensive planning which would make maxi-
mum efficient utilization of resources at the least
economic cost to the public. The City Council fords
and determines that under appropriate circumstances,
development agreements will strengthen the public
planning process, encourage private participation in
comprehensive planning by providing a greater
degree of certainty in that process, reduce the eco-
nomic costs of development, allow for the orderly
planning of public improvements and services and
the allocation of costs therefor in order to achieve
the maximum utilization of public and private re-
sources in the development process, and assure, to
the extent feasible, that appropriate measures to
enhance and protect the environment of the City are
achieved.
B. The City Council further fords and determines
that the public safety, health, convenience, comfort,
prosperity and general welfare will be furthered by
the adoption of this chapter in order to provide a
588-79
(Cupertino 12-96)
19.116.010
mechanism for the enactment of development agree-
ments to accomplish the foregoing purposes and
aims and the realization of the benefits to be derived
therefrom. (Ord. 1256 (part), 1984)
19.116.020 Purpose of development
agreement.
Development agreements enacted pursuant to this
chapter are to ensure to the applicant fora develop-
ment project that upon approval of the project, the
applicant may proceed with the project in accor-
dance with existing policies, rules and regulations,
and subject to specified conditions of approval, in
order to implement the intent of the City Council in
enacting this title. Development agreements will also
ensure that all conditions of approval, including the
construction of off-site improvements made neces-
sary by such land developments, will proceed in an
orderly and economical fashion to the benefit of the
City. (Ord. 1256 (part), 1984)
19.116.030 Authority for adoption.
This chapter is adopted under the authority of
Government Code Sections 65864 through 65869.5.
(Ord. 1256 (part), 1984)
19.116.040 Definitions.
The following terms when used in this chapter
shall have the following respective meanings:
A. "City" means the City of Cupertino, a munic-
ipal corporation organized and existing under the
Constitution and laws of the State of California.
B. "City Council" means the City Council of the
City.
C. "Developer" means a qualified applicant who
has entered into a development agreement pursuant
to the procedures specified in this title.
D. "Development agreement" means a develop-
ment agreement enacted by legislation between the
City and a qualified applicant pursuant to Govern-
ment Code Sections 65864 through 65869.5.
E. "Person" means an individual, group, partner-
ship, firm, association, corporation, trust, govern-
mental agency, governmental official, administrative
body, or tribunal or any other form of business or
legal entity.
F. "Planning Commission" means the Planning
Commission of the City established pursuant to the
ordinances of City.
G. "Planning Director" means the Planning Di-
rector of the City duly appointed pursuant to the
City's ordinances.
H. "Qualified applicant" is a person who has a
legal or equitable interest in the real property which
is the subject of the development agreement, deter-
mined pursuant to Section 19.116.070. Qualified
applicant includes an authorized agent. (Ord. 1256
(part), 1984)
19.116.050 Forms and information.
A. The Planning Director shall prescribe the
form of each application, notice and documents
provided for or required under this chapter for the
preparation and implementation of development
agreements consistent with the provisions of this
chapter.
B. The Planning Director may require an appli-
cant for a development agreement to submit such
information and supporting data as the Planning
Director, City Council and other City agencies to
which the application is referred under this chapter
consider necessary to properly process the applica-
tion. (Ord. 1256 (part), 1984)
19.116.060 Fees.
The City Council shall by separate resolution fix
the schedule of fees and chazges imposed for the
filing and processing of each application and docu-
ment provided for or required under this chapter.
(Ord. 1256 (part), 1984)
19.116.070 Qualification as an applicant.
A. Only a qualified applicant may file an appli-
cation to enter into a development agreement. The
Planning Director may require an applicant to sub-
mit proof of his interest in the real property and of
cc~p«r;oo ~2-~> 588-80
19.116.310
concurrently with the public hearings on all related
land use approvals and all such approvals shall be
made concurrently with the approval of the develop-
ment agreement. (Ord. 1256 (part), 1984)
19.116.320 Effect of development agreement.
When approved, the development agreement and
any development control maps and all notations,
references and regulations which aze a part of the
development agreement shall be part of the develop-
ment agreement ordinance. Development control
maps include, but are not limited to, regulations
intended to carry out any plan respecting location or
type of activities; height, bulk, siding or design of
structures; location or design of open azeas; and
landscaping and other compazable regulations. (Ord.
1256 (part), 1984)
19.116.330 Construction.
This chapter and any subsequent development
agreement shall be read together. With respect to
any development agreement enacted under this chap-
ter, any provision of such a development agreement
which is in conflict with this chapter shall be void.
Unless otherwise provided by the development
agreement, the City's rules, regulations and official
policies governing permitted uses of the land, gov-
erning density and governing design, improvement
and construction standazds and specifications appli-
cable to development of the property subject to a
development agreement shall be those City rules,
regulations and official policies in force at the time
of the approval of the development agreement by
the City Council; provided, however, that the devel-
oper is subject to all increases in City imposed fees
and chazges with respect to subsequent applications
for development and construction within the proper-
ty subject to a development agreement. (Ord. 1256
(part), 1984)
the development agreement takes effect, the City
Council shall execute the development agreement,
and the City Council Clerk shall have the develop-
mentagreement recorded with the County Recorder.
B. If the parties to the development agreement
or their successors in interest amend or cancel the
development agreement as provided in Government
Code Section 65868, and this chapter, or if the City
Council terminates or modes the development
agreement as provided in Government Code Section
65865.1 and this chapter for failure of the developer
to comply in good faith with the terms or conditions
of the development agreement, the City Council
Clerk shall, after such action takes effect, have
notice of such action recorded with the County
Recorder. (Ord. 1256 (part), 1984)
19.116.360 Judicial review-Time limitation.
Any action or proceeding to attack, review, set,
set aside, void or annul, any decision of the City
pursuant to this chapter shall not be maintained by
any person unless the action or proceeding is com-
menced within ninety days after the date of decision
as provided in Section 1094.6 of the Code of Civil
Procedure, State of California. (Ord. 1256 (part),
1984)
19.116.340 Execution and recordation of
development agreement,
amendment or cancellation.
A. Within ten days after the ordinance approving
588-87 ccu~oo i2-~~
19.120.010
Chapter 19.120
AMENDMENTS TO THE ZONING MAPS
AND ZONING REGULATIONS
Sections:
19.120.010 Amendments.
19.120.020 Changes in district boundaries.
19.120.030 AppUcation by property owner.
19.120.040 Initiation by the City.
19.120.050 Action by the Director.
19.120.060 Notice of public hearing.
19.120.070 Action by the Planning
Commission.
19.120.080 Changes in regulations.
19.120.090 Recommendations by Planning
Commission-Notice.
19.120.100 Action by the City Council.
19.120.110 Prezoning.
19.120.010 Amendments.
This title may be amended by changing the
boundaries of districts, or by changing the regula-
tions applicable within one or more districts, or by
changing any other provision of this title, whenever
the public interest or general welfaze so require.
(Ord. 1601 Exh. A (part), 1992)
19.120.020 Changes in district boundaries.
Changes in the boundaries of districts established
by this title may be initiated by any one of the
following actions:
A. By application of a property owner, as pro-
vided in Section 19.120.030;
B. By motion of the City Council, or by motion
of the Planning Commission, as provided in Section
19.120.040. (Ord. 1601 Exh. A (part), 1992)
19.120.030 Application by property owner.
Application for a change in the boundaries of
district by the owner, or his agent, shall be made to
the Director of Community Development, and shall
contain the following:
A. A description and map showing the bound-
aries of existing and requested districts, and
identifying the property for which a change of dis-
trict is requested;
B. A written statement setting forth the reasons
for the application and all facts relied upon by the
applicant in support thereof;
C. Such additional information as the Director
may deem pertinent and essential to the application;
D. The application shall be accompanied by a
fee prescribed by City Council resolution, no part
of which shall be retainable to the applicant. (Ord.
1601 Exh. A (part), 1992)
19.120.040 Initiation by the City.
A. Upon its own initiative, either the City Coun-
cil or the Planning Commission may by motion
initiate application and proceedings for a change in
district boundaries.
B. A motion of the City Council or the Planning
Commission pursuant to this section may include
any public or private property, and shall be accom-
panied by such maps or descriptions as may be nec-
essary to define existing and proposed boundaries
of districts, and by a statement, describing in general
terms, the reasons for consideration of a change in
district boundaries. The motion shall be directed to
the Duector of Community Development, who shall
process the application without fee, or otherwise
prescribed in this chapter. (Ord. 1601 Exh. A (part),
1992)
19.120.050 Action by the Director.
Upon receipt of a complete application for change
in boundaries, or upon receipt of the motion of the
City Council or Planning Commission, the Director
shall, within thirty days of such receipt, set a date
for a public hearing upon the matter at either a
regular or special meeting of the Planning Commis-
sion, unless the application is diverted for adminis-
trative approval pursuant to Chapter 19.128. The
hearing before the Planning Commission shall com-
mence within sixty days of the date the hearing is
set. (Ord. 1601 Exh. A (part), 1992)
ccu~m~ ~2-~> 588-88
20.02.010
Chapter 20.02
GENERAL PLANS
Sections:
20.02.010 Purposes.
20.02.020 Contents and scope of the
general plan.
20.02.025 Preparation, adoption and
amendment.
20.02.010 Purposes.
A. State requires that the City Council adopt a
comprehensive, long term general plan for the phys-
ical development of the City, and any land outside
the City's boundaries which relate to the City's
planning. State law also requires that the City com-
ply with Articles 5, 6, 7 and 10.6 of the California
Government Code dealing with the authority, scope,
preparation, adoption, amendment, and administra-
tion of a general plan and the elements thereof.
B. However, state law also encourages the City
to implement the above-described provisions in
ways that accommodate local conditions and circum-
stances, while meeting the minimum requirements
of said provisions.
C. This chapter is intended to implement the
above-described provisions of State law. (Ord. 1664
§ 1 (part), 1994)
20.02.020 Contents and scope of the general
plan.
The contents and scope of the general plan of the
City shall be consistent with the applicable provi-
sions of the California Government Code. The gen-
eral plan may be adopted in any format deemed
appropriate or approved by the City Council, includ-
ing the combining of elements described in Section
65302 of the California Government Code. The
degree of specificity and level of detail of the dis-
cussion of each shall reflect local conditions and
circumstances. The general plan may include any
additional elements (other than those described in
California Government Code Section 65302) or
address any other subjects which, in the judgment
of the City Council, relate to the physical develop-
ment of the City. (Ord. 1664 § 1 (part), 1994)
20.02.025 Preparation, adoption and
amendment.
A. Conformance with State Law. The City shall
prepare, adopt and amend its general plan and any
element thereof in conformance with applicable
provisions of the California Government Code.
B. Annual Review of the General Plan. The
Planning Commission and City Council shall review
the general plan on an annual basis. Said review
shall be conducted pursuant to the procedures de-
scribed in the California Government Code for
amendments to the general plan.
C. Procedure for Interested Party to Request
Hearing Regarding Planning Commission's Recom-
mendations for General Plan Amendments. With
respect to an action by the Planning Commission
regarding a recommendation for an amendment to
the general plan, any interested party may file with
the City Clerk a written request for a hearing before
the City Council within five days after the Planning
Commission's action on the proposed amendment.
Notice of the hearing shall be given pursuant to
Government Code Section 65090. The City Council
may, pursuant to Government Code Section 66016,
establish by resolution a fee to cover the cost of
establishing the procedures and conducting the hear-
ing described herein.
D. General Plan Amendments. If it deems it to
be in the public interest, the City Council may
amend all or part of any adopted general plan. Con-
sideration of such amendment may be commenced
as follows:
1. By the City Council in conformance with
California Government Code Section 65350 et seq.;
2. By the Planning Commission or any other
interested party in conformance with subsection E
of this section.
E. Procedure for Commencing a Request for
General Plan Amendments Made by the Planning
Commission or by any Interested Party. Subject to
the limitations on the number of amendments to
mandatory elements of the general plan which may
Sf~8-103 cc~~rono is-~>
20.02.025
occur per year under the provision of California
Government Code Section 65358, the City Council
may initiate consideration of a proposed general
plan amendment upon written request by the Plan-
ning Commission or any interested person. Said
written request shall be filed with the Director of
Community Development and submitted to the City
Council at a regulaz meeting by the Director within
forty-five days of its filing.
The City Council may initiate the process to
consider such a general plan amendment proposal
when it fords that the proposal will benefit the City
and is compatible with the existing general plan
policies and goals. In addition, the proposal should
meet at least one of the following criteria:
1. The proposal appears to support the existing
general plan goals and objectives (although the
degree of public benefit could not be fully ascer-
tained until the project is fully assessed);
2. The proposal represents an unforeseen land
use trend that has not been previously considered;
3. The existing general plan policy which pre-
cludes the proposal is based upon outdated or inac-
curate information.
Upon initiating the consideration of a general
plan amendment under this subsection, the City
Council will immediately refer the proposal to the
Planning Commission for its recommendations un-
der the procedures described in the California Gov-
ennment Code.
With respect to proposals commenced by an
interested party, the City Council shall require that
an amount equal to the estimated cost of preparing
the proposed general plan amendment be deposited
with the City prior to its preparation. (Ord. 1664 §
1 (part), 1994)
(c~p~oo 12-~~ 588-104
20.04.010
Chapter 20.04
SPECIFIC PLANS
the City which is governed by a specific plan except
in accordance with the provisions set forth in this
chapter. (Ord. 1664 § 1 (part), 1994)
Sections:
20.04.010 Purposes.
20.04.020 Applicability of specific plan
regulations.
20.04.030 Preparation, adoption and
amendment-Repeal.
20.04.040 Zoning district applicable to a
specific plan.
20.04.050 Required contents of a specific
plan.
20.04.060 Specific plan fees.
20.04.010 Purposes.
A. A specific plan is intended to provide a
means of guiding land development or redevelop-
ment of the City that is uniquely suited for planned
coordination of land uses and to provide fora great-
er flexibility of land use intensity and design be-
cause of accessibility, ownership patterns, topo-
graphical considerations and community design
objectives.
B. A specific plan is intended to encourage vari-
ety in the development pattern of the City, to pro-
mote amore desirable living environment, to en-
courage creative approaches in land development,
to provide a means of reducing the amount of im-
provements required in development through better
design and land planning, to conserve natural fea-
tures, to facilitate a more aesthetic and efficient use
of open spaces, and to encourage the creation of
public and private common open space.
C. This chapter is intended to implement Article
8 of the California Government Code regarding the
adoption and administration of specific plans. (Ord.
1664 § 1 (part), 1994)
20.04.020 Applicability of specific plan
regulations.
No building, structure or land shall be used and
no building or structure shall be erected, enlazged
or structurally altered, or demolished in any area of
20.04.030 Preparation, adoption and
amendment-Repeal.
A specific plan shall be prepazed, adopted and
amended in the same manner as is provided in the
California Government Code for the preparation,
adoption and amendment of general plans, except
that a specific plan may be adopted by resolution or
by ordinance and may be amended as often as
deemed appropriate by the City Council. A specific
plan may be repealed in the; same manner as it is
required to be amended. (Ord. 1664 § 1 (part),
1994)
20.04.040 Zoning district applicable to a
specific plan.
All azeas governed by a specific plan shall be
zoned as a planned development (PD) zoning district
under Chapter 19.48 of the City's Ordinance Code
and all regulations governing land use approvals in
a planned development zone shall be applicable to
specific plans. A proposal for specific plan may be
combined with any application for land use under
the City's planned development zone. (Ord. 1664 §
1 (part), 1994)
20.04.050 Required contents of a specific
plan.
A. A specific plan shall include a text and a dia-
gram which describe all of the following:
1. The distribution, location and extent of the
uses of land, including open space, within the azea
covered by the plan.
2. The proposed distribution, location, extent
and intensity of major components of public and
private transportation, sewage, water, drainage, solid
waste disposal, energy and other essential facilities
proposed to be located within the azea covered by
the plan and needed to support the land uses de-
scribed in the plan.
3. Standazds and criteria by which development
will proceed, and standazds for the conversion,
588-105 ca,a~;oo i2-~~
20.04.050
development and utilization of natural resources,
where applicable.
4. A program of implementation measures in-
cluding regulations, programs, public works projects
and financing measures necessary to carry out
subsections A1, 2 and 3.
5. Any other information deemed appropriate by
the Drector of Community Development, the Plan-
ning Commission or the City Council.
B. The specific plan shall include a statement of
the relationship of the specific plan to the general
plan. (Ord. 1664 § 1 (part), 1994)
20.04.060 Specific plan fees.
A. A fee shall be imposed to recover the costs
associated with the preparation, adoption and ad-
ministration of a specific plan. Said fee shall be
payable upon issuance of a building permit for new
construction for a project located in an area gov-
erned by a specific plan. New construction means:
1. Construction of new square footage; or
2. Reconstruction or remodeling of existing
space which houses a land use which would require
the issuance of a conditional use permit under the
City's planned development zone ordinance.
B. In the event that a project consists of new
construction which is twenty-five percent or less of
the maximum square footage allowed on the site,
the Director of Community Development may, in
his/her discretion, defer payment of all, or a portion
of, the fee until such time as the accumulated total
of new construction exceeds twenty-five percent of
the maximum allowable square feet on the site at
which time the full amount of the fee is due and
payable.
C. Said fee above described is calculated as
follows:
Fee = A[M(1+bn)]
Where:
A = Number of gross acres in a develop-
ment project measured to the center
line of each adjoining street.
M = The City's average cost per acre of
preparing a specific plan (including
EIR costs).
b = The annual inflation rate as deter-
mined by arecognized inflation index
(If for example, the annual inflation
rate is 6%, then 6=0.06)
n = Number of years since the year of
specific plan adoption. (Ord. 1664 §
1 (part), 1994)
(ctiperuno t~~) 588-106
ORDINANCE LIST
234 Annexation (Special)
235 Amends Ord. 2, zoning (Not codified)
236 Stop signs (Repealed by 467)
237 Not adopted
238 Private patrols (Repealed by 1705)
239 Annexation (Special)
240 Amends Ord. 2, zoning (Not codified)
241 Amends Ord. 2, zoning (Not codified)
242 Amends Ord. 2, zoning (Not codified)
243 Amends Ord. 2, zoning (Not codified)
244 Not adopted
245 Reduction in City Boundaries (Not
codified)
246 Stop signs (Repealed by 467)
247 Annexation (Special)
248 Annexation (Special)
249 Annexation (Special)
250 Amends Ord. 2, zoning (Not codified)
251 Amends Ord. 2, zoning (Not codified)
252 Annexation (Special)
253 Annexation (Special)
254 Annexation (Special)
255 Amends Ord. 2, zoning (Not codified)
256 Amends Ord. 2, zoning (Not codified)
257 Amends Ord. 2, zoning (Not codified)
258 Amends Ord. 2, zoning (Not codified)
259 Amends Ord. 2, zoning (Not codified)
260 Amends Ord. 2, zoning (Not codified)
261 Amends Ord. 2, zoning (Not codified)
262 Not adopted
263 Parking of vehicles (Repealed by 533)
264 Not adopted
265 Not adopted
266 Annexation (Special)
267 Not adopted
268 Amends Ord. 2, zoning (Not codified)
269 Annexation (Special)
270 Amends Ord. 2, zoning (Not codified)
271 Amends Ord. 2, zoning (Not codified)
272 Amends Ord. 2, zoning (Not codified)
273 Not adopted
274 Amends Ord. 2, zoning (Not codified)
275 Amends Ord. 2, zoning (Not codified)
276 Trucks and trailers (11.28)
277 Traffic regulations (Repealed by 327)
278 Not adopted
279 Amends Ord. 2, zoning (Not codified)
280 Amends Ord. 2, zoning (Not codified)
281 Amends Ord. 2, zoning (Not codified)
282 Amends Ord. 2, zoning (Not codified)
283 Amends Ord. 2, zoning (Not codified)
284 Reduction in City boundaries (Not
codified)
285 Amends Ord. 2, zoning (Not codified)
285(a) Amends Ord. 285, zoning (Not codi-
fied)
286 Annexation (Special)
287 Amends Ord. 2, zoning (Not codified)
288 Amends Ord.. 2, zoning (Not codified)
289 Amends Ord. 2, zoning (Not codified)
290 Amends Ord. 2, zoning (Not codified)
291 Annexation (Special)
292 Amends Ord. 2, zoning (Not codified)
293 Amends Ord. 2, zoning (Not codified)
294 Speed limits (Repealed by 375)
295 Amends Ord. 2, zoning (Not codified)
296 Amends Ord. 2, zoning (Not codified)
297 Bond election (Special)
298 Amends Ord. 2, zoning (Not codified)
299 Annexation (Special)
300 Annexation (Special)
301 Amends Ord. 2, zoning (Not codified)
302 Amends Ord. 2, zoning (Not codified)
303 Pazk and Recreation Commission, re-
peals Ords. 128 and 128(a) (2.36)
304 Annexation (Special)
305 Amends Ord. 2, zoning (Not codified)
306 Zoning, repeals Ords. 2(f) and 2(t) (Not
codified)
306(a) Amends Ord. 306, zoning (Not codi-
fied)
307 Fire limits (Not codified)
308 Fire limits (Not codified)
309 Not adopted
310 Transient occupancy tax (3.12)
311 Claims against the city, repeals Ord. 20
(Not codified)
312 Underground utilities (14.20)
313 Amends Ord. 2, zoning (Not codified)
314 Amends Ord. 2, zoning (Not codified)
595 cc~~~;oo is-~>
TABLES
315 Amends Ord. 2, zoning (Not codified) 350 Amends Ord. 2, zoning (Not codified)
316 Speed limits (Repealed by 374) 351 (Number not used)
317 Speed limits (Repealed by 490) 352 Amends Ord. 2, zoning (Not codified)
318 Stop signs (Repealed by 467) 353 Signs (Repealed by 746)
319 Amends Ord. 2, zoning (Not codified) 354 Annexation (Special)
320 Amends Ord. 2, zoning (Not codified) 355 Annexation (Special)
321 Amends Ords. 2 and 220, zoning (Not 356 Signs (Special)
codified) 357 Amends Ord. 2, zoning (Not codified)
322 Annexation (Special) 358 Amends Ord. 2, zoning (Not codified)
323 Amends Ord. 2, zoning (Not codified) 359 Stop signs (Repealed by 467)
324 Amends Ord. 2, zoning (Not codified) 360 Amends Ord. 2, zoning (Not codified)
325 Amends Ord. 2, zoning (Not codified) 361 Annexation (Special)
326 Municipal salaries (2.16) 362 Amends Ord. 2, zoning (Not codified)
327 Stopping, standing and parking (Re- 363 Amends Ord. 2, zoning (Not codified)
pealed by 533) 364 Annexation (Special)
328 Annexation (Special) 365 Amends Ord. 2, zoning (Not codified)
329 Underground utilities (14.20) 366 Amends Ord. 2, zoning (Not codified)
329(a) Amends Ord. 329, underground utilities 367 Amends Ord. 2, zoning (Not codified)
(14.20) 368 Employees' retirement system (Re-
330 Amends Ord. 2, zoning (Not codified) pealed by 1697)
331 Underground utilities (14.24) 369 Annexation (Special)
332 Annexation (Special) 370 Amends Ord. 2, zoning (Not codified)
333 Amends Ord. 255, zoning (Not codi- 371 Amends Ord. 2, zoning (Not codified)
feed) 372 Amends Ord. 2(q), zoning (Not codi-
334 Amends Ord. 256, zoning (Not codi- feed)
feed) 373 Amends Ord. 2, zoning (Not codified)
335 Amends Ord. 2, zoning (Not codified) 374 Speed limits, repeals Ord. 316 (Re-
336 Amends Ord. 2, zoning (Not codified) pealed by 490)
337 Stop signs (Repealed by 467) 375 Speed limits, repeals Ord. 294 (Re-
338 Amends Ord. 2, zoning (Not codified) pealed by 490)
339 (Number not used) 376 Amends Ord. 2, zoning (Not codified)
340 Building code, repeals Ord. 214 (Re- 377 Documentary stamp tax (3.04)
pealed by 537) 378 Amends Ord. 2, zoning (Not codified)
341 Electric code, repeals Ord. 212 (Re- 379 Amends Ord. 2, zoning (Not codified)
pealed by 535) 380 Amends Ord. 2, zoning (Not codified)
342 Plumbing code, repeals Ord. 211 (Re- 381 Trees (Repealed by 1731)
pealed by 536) 382 Indecent exposure (Not codified)
343 Heating and comfort cooling code, 383 Amends Ord. 2, zoning (Not codified)
repeals Ord. 213 (Repealed by 534) 384 Amends Ord. 2, zoning (Not codified)
344 Rezone (Special) 385 Amends Ord. 2, zoning (Not codified)
345 Amends Ord. 2, zoning (Not codified) 386 Bond election (Special)
346 Rezone (Special) 387 Amends Ord. 2, zoning (Not codified)
347 Fire limits (Not codified) 388 Amends Ord. 2, zoning (Not codified)
348 Amends Ord. 2, zoning (Not codified) 389 City Council meetings, repeals Ords. 9,
349 Amends Ord. 2, zoning (Not codified) 9(a), 9(c) (2.04, 2.08, 2.12)
cc~~;no ~2-~> 596
ORDINANCE LIST
389(a) Amends Ord. 389, City Council meet
ings (2.04)
390 Annexation (Special)
391 Stop signs (Not codified)
392 Amends Ord. 2, zoning (Not codified)
393 Municipal salaries (2.16)
394 Amends Ord. 2, zoning (Not codified)
395 Amends Ord. 2, zoning (Not codified)
396 Amends Ord. 2, zoning (Not codified)
397 Annexation (Special)
398 Amends Ord. 2, zoning (Not codified)
399 Amends Ord. 2, zoning (Not codified)
400 Amends Ord. 2, zoning (Not codified)
401 Amends Ord. 2, zoning (Not codified)
402 Amends Ord. 2, zoning (Not codified)
403 Amends Ord. 2, zoning (Not codified)
404 Stop signs (Repealed by 467)
405 Weed abatement (9.08)
406 Trees (Repealed by 1731)
407 Amends Ord. 125, trees (14.12)
408 Rabies control (Repealed by 565)
409 Soil reports (16.12)
410 Rezone (Special)
411 Amends Ord. 2, zoning (Not codified)
412 Gambling (Repealed by 1731)
413 Wrecked or inoperative vehicles (11.04)
414 Amends Ord. 2, zoning (Not codified)
415 Amends Ord. 2, zoning (Not codified)
415(a) Amends Ords. 2 and 415, zoning (Not
codified)
416 Amends Ord. 2, zoning (Repealed by
220j)
417 Drive-in businesses (Repealed by 220j)
418 Annexation (Special)
419 Annexation (Special)
420 Garbage disposal (Repealed by 1572)
421 Amends Ord. 2, zoning (Not codified)
422 Amends Ord. 2, zoning (Not codified)
423 Amends Ord. 2, zoning (Not codified)
III Business licenses (5.04)
424 Amends Ord. 2, zoning (Not codified)
425 Amends Ord. 2, zoning (Not codified)
426 Annexation (Special)
427 Annexation (Special)
428 Amends Ord. 2, zoning (Not codified)
429 Annexation (Not codified)
430 Annexation (Not codified)
431 Amends Ord. 2, zoning (Not codified)
432 Amends Ord. 2, zoning (Not codified)
433 Amends Ord. 2, zoning (Not codified)
434 Amends Ord. 2, zoning (Not codified)
434(a) Rezone (Special)
435 Missing
436 Amends Ord. 2, zoning (Not codified)
437 Amends Ord. 2, zoning (Not codified)
438 Amends Ord. 2, zoning (Not codified)
439 Amends Ord. 2, zoning (Not codified)
440 Amends Ord. 2, zoning (Not codified)
441 Amends Ord. 2, zoning (Not codified)
442 Amends Ord. 2, zoning (Not codified)
443 Amends Ord. 2, zoning (Not codified)
444 Amends Ord. 2, zoning (Not codified)
445 Amends Ord. 2, zoning (Not codified)
446 Missing
447 Fireworks, repeals Ords. 169, 175, 200,
200(a) and 200(b) (Repealed by 895)
448 Stop signs (Not codified)
449 Rezone (Special)
450 Amends Ord. 2, zoning (Not codified)
451 Amends Ord. 2, zoning (Not codified)
452 Annexation (Special)
453 Amends Ord. 2, zoning (Not codified)
454 Stop signs (Not codified)
455 Not adopted
456 Amends Ord. 2, zoning (Not codified)
457 Amends Ord. 2, zoning (Not codified)
458 Amends Ord. 2, zoning (Not codified)
459 Amends Ord. 2, zoning (Not codified)
460 Amends Ord. 2, zoning (Not codified)
461 Parking (Repealed by 533)
462 Amends Ord. 2, zoning (Not codified)
463 Arterials (Repealed by 1731)
464 Amends Ord. 2, zoning (Not codified)
465 Curfew (Repealed by 1665)
466 Amends Ord. 2, zoning (Not codified)
467 Stop intersections; repeals Ords. 137,
236, 246, 318, 337, 359 and 404
467(a) Amends Ord. 467, stop intersections
(Not codified)
597 cc~~;~ t2-~~
TABLES
467(b) Amends Ord. 467, stop intersections
(Not codified)
467(c) Amends Ord. 467, stop intersections
(Not codified)
467(d) Amends Ord. 467, stop intersections
(Not codified)
468 City Architectural and Site Approval
Committee (Repealed by 1630)
469 Amends Ord. 2, zoning (Not codified)
470 Bond election (Special)
471 Amends Ord. 2, zoning (Not codified)
472 Amends Ord. 2, zoning (Not codified)
473 Amends Ord. 139, swimming pools
(16.32)
474 Underground utility districts (14.20)
XII Personnel code (2.52)
475 Disaster Council, repeals Ord. 28 (2.40)
475(x) Amends Ord. 475, Disaster Council
(2.40)
476 Amends Ord. 2, zoning (Not codified)
477 Amends Ord. 2, zoning (Not codified)
478 Amends Ord. 2, zoning (Not codified)
479 Amends Ord. 2, zoning (Not codified)
480 Amends Ord. 2, zoning (Not codified)
481 Rezone (Special)
482 Amends Ord. XII, personnel code (Re-
pealed by 601)
483 Speed limits (Not codified)
484 Municipal departments (2.48)
485 Amends Ord. 47 (Revised), subdivisions
(Title 18)
486 Amends Ord. 2, zoning (Not codified)
487 Amends Ord. 2, zoning (Not codified)
488 Amends Ord. III, Chapter 7, Art. 3, § 3,
business licenses (5.04)
489 Not adopted
490 Speed limits; repeals Ords. 19, 43, 66,
129, 191, 201, 317, 374 and 375
490(a) Amends Ord. 490, speed limits (Not
codified)
491 Pazking (Repealed by 824 and 843)
492 Bicycles (11.08)
492(x) Amends Ord. 492, bicycles (11.08)
493 Amends Ord. 2, zoning (Not codified)
494 Amends Ord. 2, zoning (Not codified)
495 Amends Ord. 2, zoning (Not codified)
496 Amends Ord. 2, zoning (Not codified)
497 Amends Ord. 303, Parks and Recreation
Commission (2.36)
498 Amends Ord. 2, zoning (Not codified)
499 Rezone (Special)
500 General penalty (1.12)
501 Amends Ord. 2, zoning (Not codified)
502 Amends Ord. 2, zoning (Not codified)
503 Not adopted
504 Amends Ord. 2, zoning (Not codified)
505 Amends Ord. 2, zoning (Not codified)
506 Keeping of animals (Repealed by 1631)
507 Amends Ord. 2, zoning (Not codified)
508 Amends Ord. 2, zoning (Not codified)
509 Prezone (Special)
510 Annexation (Special)
511 Amends Ord. 2, zoning (Not codified)
512 Rezone (Special)
513 Amends Ord. 2, zoning (Not codified)
514 Pazking (Repealed by 533)
515 Pazking (Repealed by 533)
516 Solicitors (5.20)
517 Annexation (Not adopted)
518 Missing
519 Prezone (Special)
520 Rezone (Special)
521 Prezone (Special)
522 Rezone (Special)
523 Prezone (Special)
524 Rezone (Special)
525 Prezone (Special)
526 Rezone (Special)
527 Prezone (Special)
528 Zoning (Not codified)
529 Annexation (Special)
530 Specific street or highway plan lines
(Not codified)
531 Pazk regulations (13.04)
532 Rezone (Special)
533 Stopping, standing, pazking, repeals
Ords. 263, 327, 461, 514 and 515 (Re-
pealed by 824 and 843)
533(a) Amends Ord. 533 § 10.1, prohibited
pazking (Repealed by 824 and 843)
cam iz-~) 598
ORDINANCE LIST
533(b) Amends Ord. 533 § 10.1, prohibited
pazking (Repealed by 824 and 843)
533(c) Amends Ord. 533 §§ 10.1, 10.2 and
10.3, prohibited parking (Repealed by
824 and 843)
534 Adopts 1970 mechanical code, repeals
Ord. 343 (Repealed by 1709)
535 Adopts 1971 electrical code, repeals
Ord. 341 (Repealed by 1707)
536 Adopts 1970 plumbing code, repeals
Ord. 342 (Repealed by 1708)
537 Adopts 1970 building code, repeals
Ord. 340 (Repealed by 1706)
538 Interim zoning (Special)
539 Rezone (Special)
540 Rezone (Special)
541 Rezone (Special)
542 Rezone (Special)
543 Rezone (Special)
544 Rezone (Special)
545 Amends Ord. 447 § 4, fn-eworks per-
mits (10.24)
546 Street improvements (14.04)
547 Adds § 2.4 to Ord. 276, unmounted
campers (11.28)
548 Code Enforcement Officer (2.30)
549 Gazage and patio sales (5.16)
550 Parades (Repealed by 1628)
551 Rezone (Special)
552 Prezone (Special)
553 Annexation (Special)
554 Prezone (Special)
555 Rezone (Special)
556 Amends Ord. XII, personnel code (Re-
pealed by 601)
557 Rezone (Special)
558 Rezone (Special)
559 Prezone (Special)
560 Rezone (Special)
561 (Not adopted)
562 Prezone (Special)
563 Prezone (Special)
564 Amends Ord. 546 § 2, street classes
(14.04)
565 Rabies control; repeals Ord. 408 (Re-
pealed by 931)
566 Amends Ord. 2 (a) § 7.2, zoning (Not
codified)
567 Amends Ord. 537; adds § 303(d), build-
ing code (16.04)
568 Amends Ord. 47 (Revised); adds § 1.6,
deeds or contracts (Title 18)
569 Interim zoning (Special)
570 Truck traffic routes (Repealed by 833)
571 Rezone (Special)
572 Rezone (Special)
573 Amends Ord. 533 § 11.1, stopping,
standing, pazking (Not codified)
574 Public Safety Commission (2.60)
575 Amends Ord. 220, zoning (Repealed by
1601)
576 Amends Ord. 533 § 10.1, stopping,
standing, parking (Repealed by 824 and
843)
577 Amends Ord. 467, stop intersections
(Not codified)
578 Amends Ord. 389 §§ 2.1, 2.2, 2.3, ordi-
nance and resolution passage (2.12)
599 (Cupertino 12-~>
ORDINANCE LIST
798 Adds paragraphs (f), (g), (h) and (i) to
Section 906 of the Uniform Plumbing
Code, special fixtures and specialties
(Repealed by 1708)
799 Prezone (Special)
800 Rezone (Special)
801 Rezone (Special)
802 Amends Ord. 220, zoning (Repealed by
1601)
803 Prezone (Special)
804 (Not adopted)
805 (Not adopted)
806 (Not adopted)
807 Amends subsection A of § 2.08.090,
City Council order of business (2.08)
808 Adds Ch. 3.25, sale of surplus supplies
and equipment (3.25)
809 Prezone (Special)
810 Adds §§ 5.20.015 and 5.20.150; amends
§ 5.20.110 and 5.20.140, peddlers and
solicitors (5.20)
811 Amends § 1.12.010 and 1.12.020, gen-
eral penalty (Repealed by 829 and 854)
812 Prohibition of certain types of construc-
tion on Saturdays, Sundays and holi-
days, and during certain hours on week-
ends (Repealed by 1022)
813 Amends Ord. 467, stop intersections
(Not codified)
814 Amends Ch. 16.16, National Electrical
Code (Repealed by 1707)
815 Prezone (Special)
816 Rezone (Special)
817 Amends Ord. 533, stopping, standing
and pazking (Repealed by 824 and 843)
818 Amends §§ 3.24.070(A) and (B), and
3.24.080, contracts (Repealed by 1582)
819 Rezone (Special)
820 Prezone (Special)
821 Repeals and reenacts Ch. 15.20, sewer
systems (15.20)
822 Amends § 2.08.080, Council business
(2.08)
823 Amends Exhibit A of Ord. 492, bicycle
lanes (Not codified)
824 Stopping, standing and pazking; repeals
Ords. 491, 533, 533(a), 533(b), 533(c),
576, 622, 644, 657, 659, 680, 688, 690,
706, 709, 717, 769 and 817 (Repealed
by 853)
828 Amends Ord. 490, speed limits (Not
codified)
829 Amends §§ 1.12.010 and 1.12.020, in-
fractions; repeals Ord. 811 (Repealed
by 854)
830 Amends Ch. 2.30, Code Enforcement
Officer (2.30)
831 Stopping, standing and pazking on pri-
vate streets (11.26)
832 Adds Ch. 10.10, conduct in public
buildings (10.10)
833 Truck traffic routes; repeals Ord. 570
(11.32)
834 Amends § 16.16.100, permit fees (Re-
pealed by 1707)
836 Adds Ch. 10.82, license to sell con-
cealed weapons (Repealed by 1731)
842 Amends effective date of Ord. 823 (Re-
pealed by 853)
843 Stopping, standing and pazking; repeals
Ords. 491, 533, 533(a), 533(b), 533(c),
576, 622, 644, 657, 659, 680, 688, 690,
706, 709, 717, 769 and 817 (11.24)
852 Amends § 16.28.040(B), fences (16.28)
853 Amends Exhibit A of Ord. 492, bicycle
lanes; repeals Ords. 824 and 842 (Not
codified)
854 Amends §§ 1.12.010 and 1.12.020, in-
fractions; repeals Ords. 811 and 829
(1.12)
860 Amends § 15.08.020, domestic water
service quantity rates (15.08)
861 Adds Ch. 10.25, smoking regulation
(10.25)
863 Amends Exhibit A of Ord. 467, stop
intersections (Not codified)
865 Amends Ord. 843 § 12, penalty (11.24)
866 Repeals Ch. 5.28 (Repealer)
873 Amends §§ 10.1 and 10.2 of Ord. 843,
parking (11.24)
605 tc~~~~o ~z-~~
TABLES
880 Adds Ch. 10.56, trespassing upon pazk-
ing lots, shopping center property and
other property open to the public
(10.56)
882 Amends §§ 18.16.260, 18.16.270,
18.16.280, 18.16.290, 18.16.300 and
18.16.310, hillside subdivisions (Title
18)
883 Adds Ch. 5.28, taxicabs (5.28)
884 Adds Ch. 3.09, altennate sales and use
tax (Repealed by 1705)
886 Amends § 10.1 of Ord. 843, pazking
(11.24)
891 Amends Ch. 16.20, plumbing code
(Repealed by 1708)
892 Amends Ch. 16.24, mechanical code
(Repealed by 1709)
893 Amends Ch. 16.04, building code (Re-
pealed by 1706)
894 Amends pazagraph B of § 17.32.070,
real estate signs (17.32)
895 Repeals Ch. 10.24 (Repealer)
899 Amends § 11.24.150, pazking (11.24)
900 Amends §§ 11.20.020 and 11.20.030,
vehiculaz stops (11.20)
901 Amends (2) of subsection A of §
15.08.090, subsections A and B of §
15.12.020, and subsections C and F of
§ 15.12.030, waterworks system (15.08,
15.12)
902 Rezone (Special)
903 Adds pazagraph F to § 11.24.040 and §
11.24.220; temporary parking (11.24)
904 Adds Ch. 11.36, closure of curbs and
medians to vehiculaz traffic (11.36)
905 Prezone (Special)
906 Condominium conversion provisions
(Repealed by 1601)
907 Amends § 2.12.010, publication of ordi-
nances (2.12)
908 Amends § 11.24.150, prohibited pazking
(11.24)
909 Amends § 8.08.240, dog license fees
(Repealed by 931)
910 (Not enacted)
911 Amends public employees retirement
contract (Not codified)
912 Rezone (Special)
913 Prezone (Special)
914 Amends paragraphs B and C of §
10.82.020, license to sell concealed
weapons (Repealed by 1731)
915 Amends §§ 11.12.030 and 11.12.040,
speed limits (11.12)
916 Rezone (Special)
917 Rezone (Special)
918 Amends Ord. 575, zoning (Repealed by
1601)
919 Amends Ord. 779, zoning (Repealed by
1601)
920 Building security (Not passed)
921 Rezone (Special)
922 Amends § 10.45.020, operation of
ground-sweeping equipment (Repealed
by 1022)
923 Rezone (Special)
924 Adds Ch. 16.48, authorization of San
Jose representatives to enforce designat-
ed Cupertino provisions (16.48)
925 Rezone (Special)
926 Repair and maintenance of sidewalks,
gutters and curbs, confums assessments
to cover costs (Special)
927 Amends § 11.24.150, pazking prohibi-
tion (11.24)
928 (Number not used)
929 Handicapped pazking (Not codified)
930 Adds Ch. 6.28, franchises for commu-
nity antenna television systems (Re-
pealed by 1703)
931 Adds Ch. 8.08, animal and rabies con-
trol (Repealed by 1631)
932 Rezone (Special)
933 Rezone (Special)
934 Cable TV service for annexed azea
(Special)
935 (Number not used)
936 Amends § 11.28.070, parking regula-
tions (Repealed by 1301)
cCupertino 12-9s) 606
ORDINANCE LIST
937 Repair and maintenance of sidewalks
(Special)
938 Amends §§ 11.16.030 and 11.16.040,
through streets and highways (Repealed
by 1731)
939 Amends § 11.12.030, establishes speed
limits (11.12)
940 Changes Gill Cable to Gill Industries in
Ord. 934 (Special)
941 Amends § 11.16.030, through streets
.and highways (Repealed by 1731)
942 Amends § 11.20.030, stop intersections
(11.20)
943 Prezone (Special)
944 Rezone (Special)
945 Amends § 11.12.030, speed limits
(11.12)
946 Amends § 2.24.020, payments to City
(2.24)
947 (Not adopted)
948 Rezone (Special)
949 Rezone (Special)
950 Rezone (Special)
951 Adds Ch. 10.70, exhibition of drug
paraphernalia to minors (Repealed by
1731)
952 Rezone (Special)
953 Adds Ch. 10.26, police alarm system
and device regulation (10.26)
954 Rezone (Special)
955 Amends § 11.12.030, prima facie speed
limits (11.12)
956 Prezone (Special)
957 Rezone (Special)
958 Prezone (Special)
959 Prezone (Special)
960 Rezone (Special)
961 Adds Ch. 10.21, newsracks (10.21)
962 (Not adopted)
963 Prezone (Special)
964 Penmit regulation (Not codified)
965 Adds § 8.08.085; amends §§ 8.08.040
and 8.08.090, animal and rabies control
(Repealed by 1631)
966 Rezone (Special)
967 Rezone (Special)
968 Amends § 8.08.160, animal impound-
ment and boazding fees (Repealed by
1631)
969 Rezone (Special)
970 Amends §§ 11.20.020 and 11.20.030,
stop intersections (11.20)
971 Amends §§ 11.24.150 and 11.24.160,
parking restrictions (11.24)
972 Amends Ord. 831, stopping, standing
and parking on private streets (11.26)
973 Rezone (Special)
974 Adds Ch. 5.36, automatic checkout sys-
tem (Repealed by 1705)
975 Amends § 11.20.020, stop intersections
(11.20)
976 Amends § 11.20.030, stop intersections
(11.20)
977 Amends § 2.16.020, City Council mem-
ber salaries (2.16)
978 Amends §§ 2.04.010, 2.04.030 and
2.08.090, City Council (2.04, 2.08)
979 Frezone (Special)
980 Amends § 11.24.150, parking prohibi-
tion (11.24)
981 (Number not used)
982 Rezone (Special)
983 Amends § 5.36.010, automatic checkout
system (Repealed by 1705)
984 Amends § 11.16.030, through streets or
highways (Repealed by 1731)
985 (Not adopted)
986 Amends subsection E of § 11.28.070,
pazking regulations (Repealed by 1301)
987 Rezone (Special)
988 Rezone (Special)
989 Prezone (Special)
990 Prezone (Special)
991 Zoning, repeals Ords. 220(n), 674, 780
(Not codified)
992 Amends § 11.24.150, pazking prohibi-
tion (11.24)
993 Amends § 11.24.150, pazking prohibi-
tion (11.24)
607 (Cupertino t2-~>
TABLES
994 Amends § 11.20.030, stop intersections 1023 Amends § 11.12.030, speed limits
(11.20) (11.12)
995 Amends § 10.45.030, nighttime vehic- 1024 Adds Ch. 10.24, fireworks (10.24)
ulaz delivery or pickups at commercial 1025 Amends § 11.24.150, pazking (11.24)
establishments (10.45) 1026 Adds § 2.04.040, council vacancies
996 Amends § 11.24.160, pazking restric- (2.04)
tions (Repealed by 999) 1027 Adds § § 11.04.150, 11.04.160,
997 Rezone (Special) 11.04.170 and 11.04.180; and amends
998 Rezone (Special) §§ 11.04.090, 11.04.110, 11.04.120,
999 Amends § 11.24.160, pazking restric- 11.04.130 and 11.04.140, abandoned
tions; repeals Ord. 996 (11.24) vehicles (11.04)
1000 Amends § 11.20.020, stop intersections 1028 Prezone (Special)
(11.20) 1029 Prezone (Special)
1001 Amends § 11.24.150, pazking prohibi- 1030 Prezone (Special)
tion (11.24) 1031 Prezone (Special)
1002 Adds Ch. 16.48, flood damage preven- 1032 Rezone (Special)
tion (16.52) 1033 Rezone (Special)
1003 Rezone (Special) 1034 Amends § 15.16.050, Water Commis-
1004 Rezone (Special) sion meetings (Repealed by 1082)
1005 Rezone (Special) 1035 Adds § 87.1 to Ord. 220(1), zoning (Not
1006 Prezone (Special) codified)
1007 Amends § 11.24.160, pazking restric- 1036 Prezone (Special)
tions (11.24) 1037 Prezone (Special)
1008 Adds Ch. 10.49, intoxicating liquors in 1038 Rezone (Special)
public places (10.49) 1039 Rezone (Special)
1009 Amends subsection Kl of § 15.20.050, 1040 Rezone (Special)
private sewage disposal systems (15.20) 1041 Amends § 11.20.020, stop signs (11.20)
1010 Adds Ch. 11.30, traffic regulation in 1042 Prezone (Special)
downtown azea (11.30) 1043 Prezone (Special)
1011 Prezone (Special) 1044 Not enacted
1012 Prezone (Special) 1045 Prezone (Special)
1013 Prezone (Special) 1046 Prezone (Special)
1014 Rezone (Special) 1047 Prezone (Special)
1015 Amends § 2.04.010, City Council meet- 1048 Prezone (Special)
ing time (2.04) 1049 Prezone (Special)
1016 Rezone (Special) 1050 Prezone (Special)
1017 Prezone (Special) 1051 Prezone (Special)
1018 Prezone (Special) 1052 Prezone (Special)
1019 Prezone (Special) 1053 Prezone (Special)
1020 Prezone (Special) 1054 Prezone (Special)
1021 Rezone (Special) 1055 Adds Ch. 11.31, pazking on city prop-
1022 Adds Ch. 10.48, community noise con- erty (11.31)
trol, repeals Chs. 8.05, 10.45 and Ord. 1056 Amends § 5.04.200, business licenses
812, pazagraph 115.1(a) (10.48) (5.04)
1057 (Not enacted)
~~~~u~ ~z-~> 608
ORDINANCE LIST
1058 Amends § 11.24.150, pazking (11.24)
1059 Amends § 2.20.020, recordkeeping o:P
City finances; repeals § 2.20.060 (2.20;)
1060 Amends § 3.24.020, Purchasing Officer
(Repealed by 1582)
1061 Amends § 3.25.020, Surplus Sales Offi-
cer (3.25)
1062 Amends § 3.28.050, fees in lieu of land
dedication (Repealed by 1202)
1063 Amends § 3.32.060, construction tai:
(3.32)
1064 Amends subsection D of § 2.28.040,
City Manager (2.28)
1065 Adds subsection F to § 2.48.020;
amends subsection A of § 2.48.020,
departmental organization (2.48)
1066 Amends § 10.48.062, nighttime deliver-
ies and pickups (10.48)
1067 Amends § 11.12.030, speed limits
(11.12)
1068 Amends Exhibit A of § 11.08.290.,
bicycle lanes (11.08)
1069 Amends § 11.24.150, pazking (11.24)
1070 Amends § 11.20.030, stop intersection:;
(11.20)
1071 Amends Exhibit A of § 11.08.290.,
bicycle lanes (11.08)
1072 Amends § 11.24.150, pazking (11.24)
1073 Amends § 11.20.020, vehiculaz stoF~
(11.20)
1074 Amends § 11.24.160, pazking (11.24)
1075 Amends § 16.08.230, retaining wall;
construction (16.08)
1076 Amends § § 6.28.010, 6.28.045.,
6.28.060, 6.28.070, 6.28.100, 6.28.110.,
6.28.180, 6.28.190, 6.28.246 and
6.28.260, CATV franchise (Repealed by
1703)
1077 Rezone (Special)
1078 Amends § 11.20.020, vehiculaz stoF~
(11.20)
1079 Amends pazagraph 5 of § 5.1 of Ord.
831, pazking on private streets (11.26)
1080 Amends § 11.16.030, through street.
(Repealed by 1731)
1081 Prezone (Special)
1082 Repeals Ch. 15.16 (Repealer)
1083 Adds § 2.36.110; amends § 2.36.010,
Pazks and Recreation Commission
(2.36)
1084 Prezone (Special)
1085 Amends Ch. 16.04, building code (Re-
pealed by 1706)
1086 Amends Ch. 16.20, plumbing code
(Repealed by 1708)
1087 Amends Ch. 16.16, electrical code
(Repealed by 1707)
1088 Adds Ch. 16.40, fire code (Repealed by
1711)
1089 Rezone (Special)
1090 Adds Ch. 2.74, Cable Television Ad-
visory Committee (2.74)
1091 Rezone (Special)
1092 Rezone (Special)
1093 Amends Ch. 3.24, purchase of supplies
and equipment (Repealed by 1582)
1094 Amends Ch. 14.04, street improvements
(14.04)
1095 Amends § 11.20.020, vehicular stop
(11.20)
1096 Amends § 11.28.070, pazking in private
azeas (Repealed by 1301)
1097 Amends § 11.24.150, pazking (11.24)
1098 Rezone (Special)
1099 (Pending)
1100 Adds Ch. 2.38, Energy Commission
(Repealed by 1581)
1101 Amends § 11.31.020, pazking on city
property (11.31)
1102 Medfly spraying (Special)
1103 Rezone (Special)
1104 Prezone (Special)
1105 Amends contract between City Council
and Public Employees' Retirement Sys-
tem (Special)
1106 Repeals Ch. 2.64 (Repealer)
1107 Adds subsections 28 and 29 to § 10.48-
.010, community noise control (10.48)
1108 (Not enacted)
609 cc~peavno 12-~)
TABLES
1109 Repeals § 16.40.090, fire code (Repeal-
er)
1110 Rezone (Special)
1111 Amends Ch. 10.24, fireworks (10.24)
1112 Rezone (Special)
1113 Amends Ch. 16.40, fire code (Repealed
by 1711)
1114 Prezone (Special)
1115 Amends § 11.24.150, vehicles and
traffic (11.24)
1116 Amends §§ 8.08.040, 8.08.080,
8.08.085, 8.08.100, 8.08.220, 8.08.270
and 8.08.330, animal and rabies control
(Repealed by 1631)
1117 Adds Ch. 5.40, secondhand dealers
(5.40)
1118 Amends § § 11.24.150 and 11.24.160,
vehicles and traffic (11.24)
1119 Adds § 2.08.135, city council (2.08)
1120 Rezone (Special)
1121 Rezone (Special)
1122 Rezone (Special)
1123 Rezone (Special)
1124 Amends §§ 11.24.150 and 11.24.160,
vehicles and traffic (11.24)
1125 Rezone (Special)
1126 Rezone (Special)
1127 Rezone (Special)
1128 Rezone (Special)
1129 Amends §§ 11.24.150, parking (11.24)
1130 Amends §§ 11.20.020 and 11.20.030,
stop signs (11.20)
1131 Amends Ord. 220(1), zoning (Repealed
by 1601)
1132 Rezone (Special)
1133 Amends § 2.08.090, order of business
at city council meetings (2.08)
1134 Amends Chapter 16.12, preliminary
soils report (16.12)
1135 Amends §§ 11.24.160, parking (11.24)
1136 Amends Ord. 652, zoning (Repealed by
1601)
1137 Amends § 15.08.020, metered water
service (15.08)
1138 Adds H to §§ 11.26.110, parking
(11.26)
1139 Rezone (Special)
1140 Amends § 11.24.150, parking (11.24)
1141 Amends § 11.28.070, pazking (Repealed
by 1301)
1142 Rezone (Special)
1143 Amends Ch. 16.08, excavations, grading
and retaining walls (16.08)
1144 Rezone (Special)
1145 Rezone (Special)
1146 Rezone (Special)
1147 Amends contract with Boazd of Admin-
istration of California Public Employees
Retirement System (Not codified)
1148 Amends § 11.24.150, parking prohibi-
tions (11.24)
1149 Amends § 10.48.062, noise control
(10.48)
1150 Date of municipal elections (Superseded
by 1164)
1151 Amends §§ 11.24.150 and 11.24.160,
pazking prohibitions (11.24)
1152 Amends §§ 11.24.150 and 11.24.160,
parking prohibitions (11.24)
1153 Rezone (Special)
1154 Rezone (Special)
1155 Amends § 11.24.150, pazking prohibi-
tions (11.24)
1156 Amends § 11.20.020, stops (11.20)
1157 Prezone (Special)
1158 Rezone (Special)
1159 Prezone (Special)
1160 Rezone (Special)
1161 Rezone (Special)
1162 Rezone (Special)
1163 Amends § 11.24.170, pazking (11.24)
1164 Supersedes Ord. 1150; date of general
municipal elections (2.76)
1165 Rezone (Special)
1166 Amends §§ 2.32.020, 2.36.020,
2.44.040, 2.60.020, 2.68.020 and
2.74.020, appointments to advisory
bodies (2.32, 2.36, 2.60, 2.68, 2.74)
(cnperdno ~z-~> 610
ORDINANCE LIST
1167 Amends §§ 2.32.040, 2.36.040, 1185 Rezone (Special)
2.38.040, 2.44.040, 2.60.040, 2.68.040 1186 Repeals subsection (k) of § 15.12.080,
and 2.74.040, officers of advisory bod- waterworks system (15.12)
ies (2.32, 2.36, 2.60, 2:68, 2.74) 1187 Amends § 3.12.030, transient occupan-
1168 Adds §§ 16.40.165, 16.40.166 and cy tax (3.12)
16.40.180, smoke detection devices 1188 Amends §§ 8.08.070 and 8.08.200, ani-
(Repealed by 1711) mal control (Repealed by 1631)
1169 Rezone (Special) 1189 Adds §§ 8.08.391 and 8.08.392; amends
1170 Amends § 11.24.150, pazking (11.24) §§ 8.08.040, 8.08.380, 8.08.390,
1171 Prezone (Special) 8.08.400, 8.08.420 - 8.08.480, animal
1172 Amends §§ 11.24.150 and 11.24.160, control (Repealed by 1631)
stopping, standing and parking (11.24) 1190 (Not used)
1173 Amends § 11.08.290, bicycle lanes 1191 Extends expiration date of Ch. 10.26,
(11.08) police alarm systems and devices
1174 Prezone (Special) (10.26)
1175 Adds Ch. 15.30, cross-connections and 1192 Amends § 2.08.090, city council meet-
backflow protection (15.30) ings (2.08)
1176 Extends Ch. 10.26, police alarm sys- 1193 (Not adopted)
terns (Special) 1194 Rezone (Special)
1177 Rezone (Special) 1195 Prezone (Special)
1178 Amends § 11.24.150, parking restric- 1196 Amends § 11.32.090, truck traffic
tions (11.24) routes (11.32)
1179 Adds §§ 5.08.110, 5.40.070, 16.44.150 1197 Adds Ch. 11.27, permit pazking zone
and 16.52.016; amends §§ 1.12.010, (11.27)
3.08.170, 3.09.170, 3.12.140, 5.04.560, 1198 Rezone (Special)
5.16.070, 5.24.150, 6.24.220, 8.04.150, 1199 Adds § 2.44.120, architectural and site
9.04.130, 10.10.030, 10.28.020, approval committee (Repealed by 1630)
10.46.070, 10.48.012, 10.52.090, 1200 Amends § 16.12.020, preliminary soil
10.68.060, 10.76.020, 11.26.130, report (16.12)
11.28.060, 11.32.090, 13.04.240, 1201 Rezone (Special)
14.08.100, 14.20.120, 16.28.080, 1202 Amends Title 18, subdivisions (Title
16.32.080 and 18.24.080, penalties; 18)
repeals § 18.1 of Ord. 002(4), § 7.1 of 1203 Amends §§ 11.24.150 and 11.24.160,
Ord. 276, and § 16.04.160 (1.12, 3.08, parking (11.24)
3.12, 5.04, 5.16, 5.40, 9.04, 10.10, 1204 Adds to § 11.20.020, stop intersections
10.48, 10.52, 10.76, 11.26, 11.28, (11.20)
11.32, 13.04, 14.08, 14.20, 16.28, 1205 (Not enacted)
16.32, 16.44, 16.52, Title 18) 1206 Rezone (Special)
1180 Date of general elections (Repealed by 1207 Amends §§ 10.26.080, 10.26.090 and
1697) 10.26.140 and repeals § 10.26.180, po-
1181 Amends § 11.20.030, all-directional lice alarms (10.26)
vehiculaz stop (11.20) 1208 Adds subsection F to § 17.32.100 and
1182 Rezone (Special) § 17.08.085; amends § 17.32.070; signs
1183 Rezone (Special) (17.08, 17.32)
1184 Rezone (Special) 1209 Rezone (Special)
511 cc~a~aoo ~a-~>
TABLES
1210 Amends subsection A of § 3.12.030, 1242 Rezone (Special)
transient occupancy tax (3.12) 1243 Amends § 11.12.030, speed limits
1211 Amends Ch. 11.30, traffic in downtown (11.12)
azea (11.30) 1244 Amends Ch. 9.12, hazardous materials
1213 Amends § 2.32.050, planning commis- storage (9.12)
Sion (2.32) 1245 Amends §§ 11.24.150 and 11.24.160,
1215 Adds § 8.08.255, rabies control (Re- pazking (11.24)
pealed by 1631) 1246 (Not used)
1217 Amends § 15.08.020, water rates 1247 Amends § 15.08.020, water rates
(15.08) (15.08)
1218 Adds to § 11.24.150, pazking (11.24) 1248 Amends zoning application (Special)
1219 Amends § 2.12.040, ordinance passage 1249 Prezone (Special)
(2.12) 1250 Amends zoning application (Special)
1220 Adds Ch. 9.12, hazardous materials 1251 Amends §§ 3.08.120 ;and 3.08.130,
storage (9.12) sales and use tax (3.08)
1221 Amends § 11.24.150, stopping, standing 1252 Amends subsections B and C of §
and pazking (11.24) 9.12.032, hazazdous materials storage
1222 (Not enacted) (9.12)
1223 Rezone and prezone (Special) 1253 Amends § 9.12.031, subsections D and
1224 Adds § 3.32.045; amends §§ 3.32.020, E of § 9.12.032 and § 9.12.088, hazazd-
3.32.040, 3.32.050, 3.32.070, 3.32.080 ous materials storage (9.12)
and 3.32.100, construction tax (3.32) 1254 (Not adopted)
1225 Amends § 2.12.020, ordinance and 1255 Amends § 5.32.080, bingo (5.32)
resolution passage (2.12) 1256 Adds Title 20, development agreement
1226 Amends § 11.20.020, stop intersections (19.116)
(11.20) 1257 Amends §§ 8.08.0800 and 8.08.490,
1227 Rezone (Special) animal and rabies control (Repealed by
1228 Renumbers § 11.08.300 to § 11.08.310; 1631)
adds new § 11.08.300; amends § 1258 Rezone (Special)
11.08.290, bicycles (11.08) 1259 Amends § 2.08.090A, council meetings
1229 Rezone (Special) (2.08)
1230 Rezone (Special) 1260 Rezone (Special)
1231 Prezone (Special) 1261 Amends § 11.20.030, stop signs (11.20)
1233 Amends Ch. 2.74, Cable Television 1262 Zoning (Special)
Advisory Committee (2.74) 1263 Adds Ch. 1.09, nuisance abatement
1235 Adds Ch. 9.16, mosquito abatement (1.09)
(Repealed by 1722) 1264 Amends § 11.24.160, pazking restric-
1236 Rezone (Special) tions (11.24)
1237 Amends Ords. 881 and 991, zoning 1265 Amends § 11.24.160, pazking restric-
(Not codified) tions (11.24)
1238 RHS zone (Repealed by 1450) 1266 Amends § 11.24.150, pazking (11.24)
1239 Prezone (Special) 1267 Amends §§ 11.32.010 and 11.32.050,
1240 Rl zone (Repealed by 1374) truck routes (11.32)
1241 Amends § 5.28.170, taxi driver permits 1268 Amends § 11.20.030, stop signs (11.20)
(5.28) 1269 Rezone (Special)
ca,~;oo i2-~> 612
ORDINANCE LIST
1270 Rezone and prezone (Special)
1271 Amends Ch. 10.24, fireworks (10.24)
1272 Amends Ch. 10.24, fireworks (10.24)
1273 (Not adopted)
1274 Rezone (Special)
1275 Rezone (Special)
1276 Amends §§ 11.24.150, 11.24.160 and
11.24.170, pazking (11.24)
1277 Repealing certain zoning ordinances and
establishing pazking regulations (Re-
pealed by 1601)
1278 Amends §§ 10.48.014 and 10.48.053,
community noise control (10.48)
1279 Adds § 8.08.505, adoption of animals
(8.08)
1280 Amends §§ 2.74.010 through 2.74.030,
cable television advisory committee
(2.74)
1281 Amends § 2.16.020, council salaries
(2.16)
1282 Rezone (Special)
1283 Amends Ord. 652, zoning (Not codi-
fied)
1284 Amends Ord. 618; zoning (Not codi-
fied)
1285 Amends § 11.24.150, pazking (11.24)
1286 Amending Article 10 of Title 18 and §§
18-1.1001-18-1.1006, merger of sub-
division pazcels (Title 18)
1287 Rezone (Special)
1288 Interim zoning for general commercial
zones (Not codified)
1289 Amends portion of § 11.24.150, stop-
ping, standing and pazking (11.24)
1290 Amends Ord. 1288 to extend termina-
tion date, interim zoning (Not codified)
1291 Rezone (Special)
1292 Amends § 2.08.080 (A) and (C), city
council meeting rules (2.08)
1293 Rezone (Special)
1294 Amends Ch. 10.25, smoking restrictions
in public places (10.25)
1295 Amends general commercial zone; re-
peals Ord. 220(j), zoning (Not codified)
1296 Amends § 15.08.020, water rates
(15.08)
1297 Adds language to § 11.20.030, stop
intersections (11.20)
1298 (Pending)
1299 Rezone (Special)
1300 Adds § 8.08.155, animals in motor
vehicles (Repealed by 1631)
1301 Repeals § 11.28.070, pazking (Repealer)
1302 Amends § 11.24.150, stopping, standing
and pazking (11.24)
1303 Amends § 3.08.020, sales use tax (3.08)
1304 Amends § 11.24.150, prohibited pazking
(11.24)
1305 Amends § 1 of Ord. 2, zoning applica-
tion (Special)
1306 Adds Ch. 2.78, landlord-tenant media-
tion (2.78)
1307 Rezone (Special)
1308 Amends Ch. 16.04, building code
(16.04)
1309 Amends Ch. 16.40, fire code (Repealed
by 1711)
1310 Amends Ch. 16.20, plumbing code
(Repealed by 1708)
1311 Amends Ch. 16.24, mechanical code
(Repealed by 1709)
1312 Amends Ch. 16.16, electrical code
(Repealed by 1707)
1313 Adds § 11.26.140, pazking (11.26)
1314 Business license tax amnesty (Not codi-
fied)
1315 Rezone (Special)
1316 Rezone (Special)
1317 Amends Ord. 1165, rezone (Special)
1318 Rezone (Special)
1319 Rezone (Special)
1320 Amends §§ 17.08.280,17.16.010(f) and
17.32.120; repeals and replaces §
17.32.040, signs (17.08, 17.16, 17.32)
1321 Amends §§ 2.32.020, 2.32.040,
2.36.020, 2.36.040, 2.38.020,
2.38.040(A), 2.44.040, 2.60.020,
2.60.040, 2.68.020, 2.68.040 and
613 ccw~~m iz-~~
TABLES
2.74.020, terms of office (2.32, 2.36,
2.60, 2.68, 2.74)
1322 Adds Ch. 11.10, off-street vehicles
(11.10)
1323 Rezone (Special)
1324 Rezone (Special)
1325 Amends § 11.24.150, pazking (11.24)
1326 Prezone (Special)
1327 Rezone (Special)
1328 Adds §§ 18-1.503, 18-1.503.1,
18-1.503.2, 18-1.503.3 and 18-1.503.4,
subdivisions (Title 18)
1329 Amends § 2.08.090A, city council
meetings (2.08)
1330 Prezone (Special)
1331 Rezone (Special)
1332 Rezone (Special)
1333 Rezone (Special)
1334 Rezone (Special)
1335 Prezone (Special)
1336 Prezone (Special)
1337 Rezone (Special)
1338 Amends § 11.24.150, prohibited pazking
(11.24)
1339 Amends §§ 11.20.020 and 11.20.030,
vehicles and traffic (11.20)
1340 Amends § 11.24.180, diagonal pazking
(11.24)
1341 Amends § 3.12.030A, transient occu-
pancy tax (3.12)
1342 Rezone (Special)
1343 Rezone (Special)
1344 Repeals Ord. 220(j) (Repealed by 1601)
1345 Trucks and trailers; repeals Ord. 276
(11.29)
1346 Amends §§ 11.28.010, 11.28.020 and
11.28.030, miscellaneous pazking
(11.28)
1347 Vesting tentative maps (Title 18)
1348 Amends § 11.24.180, diagonal parking
(11.24)
1349 Rezone (Special)
1350 Adds § 16.04.056, spazk arrestors (Re-
pealed by 1706)
1351 Amends § 11.24.150, pazking (11.24)
1352 Amends § 16.40.080B, fire code (Re-
pealed by 1711)
1353 Amends § 16.32.OSON, swimming pools
(16.32)
1354 Rezone (Special)
1355 Amends § 15.08.020, water service
(15.08)
1356 Amends § 12 of Ord. 1240, moratorium
of extensions along building lines (Spe-
cial)
1357 Amends § 11.24.150, pazking (11.24)
1358 Rezone (Special)
1359 Rezone (Special)
1360 Amends § 16.16.OSO.AS, electrical code
(Repealed by 1707)
1361 Amends Ch. 16.04, building code (Re-
pealed by 1706)
1362 Amends Ch. 16.24, mechanical code
(Repealed by 1709)
1363 R1 Zone (Not codified)
1364 Rezone (Special)
1365 Amends § 11.20.020, vehicles and
traffic (11.20)
1366 Amends Ch. 16.20, Uniform Plumbing
code (Repealed by 1708)
1367 Amends § 3.24.070G, purchasing (Re-
pealed by 1582)
1368 Rezone (Special)
1369 Amends § 11.24.160, pazking (11.24)
1370 Adds § 3.24.065, purchasing (Repealed
by 1582)
1371 Adds § 2.20.040, city clerk (2.20)
1372 Amends § 10.52.010, handbills and
advertisements (10.52)
1373 Adds § 9.12.043, amends §§
9.12.041(3)(a)(iii), 9.12.042(A) and Art.
V of Ch. 9.12, and repeals §
9.12.011(B), hazardous materials (9.12)
1374 R1 Zone; repeals Ord. 1240 (Repealed
by 1449)
1375 Creation of easements (Not codified)
1376 Rezone (Special)
1377 Amends § 10.52.070, handbills and
advertisements (10.52)
ccw~;~ ~s-~~ 614
ORDINANCE LIST
1378 Adds § 2.08.095, city council meetings
(2.08)
1379 Amends entirety of Ch. 16.16, electric
code (Repealed by 1707)
1380 Amends § 11.24.140, pazking (11.24)
1381 Amends Ch. 11.08, bicycles (11.08)
1382 Amends § 18-1.1001, subdivisions
(Title 18)
1383 Amends § 10.52.010, distribution of
commercial advertising (10.52)
1384 Amends entirety of Title 18, subdivi-
sions (18.04,18.08,18.12,18.16,18.20,
18.24, 18.28, 18.32, 18.36, 18.40,
18.44, 18.48)
1385 Rezone (Special)
1386 Amends § 5.32.290, bingo licenses
(5.32)
1387 Adds § 6.24.061, containers stored in
trash enclosures (6.24)
1388 Amends § 11.24.150, traffic (11.24)
1389 Amends Ch. 16.56, Unifonm Housing
Code (Repealed by 1710)
1390 Amends §§ 11.24.150 and 11.24.160,
traffic (11.24)
1391 Amends § 11.20.020, traffic (11.20)
1392 Amends § 11.24.160, traffic (11.24)
1393 Amends § 2.08.090(A), city council
order of business (2.08)
1394 Amends §§ 11.24.030 and 11.24.140,
traffic (11.24)
1395 Amends § 11.24.150, traffic (11.24)
1396 Amends condition 16 of Ord. 952 and
repeals condition 17 of Ord. 816, re-
zone (Special)
1397 Amends § 11.24.150, traffic (11.24)
1398 Rezone (Special)
1399 Amends §§ 16.40.010, 16.40.020,
16.40.030, 16.40.040, 16.40.060 and
16.40.080, Uniform Fire Code (Re-
pealed by 1711)
1400 Amends § 3.12.030(A), transient occu-
pancy tax (3.12)
1401 Adds Ch. 2.80, fine arts commission
(2.80)
1402 Amends § 2.16.010, salaries of city
council members (2.16)
1403 Amends Chs. 15.04, 15.08 and 15.12,
water and sewage (15.04, 15.08, 15.12)
1404 Rezone (Special)
1405 Amends §§ 11.24.150 and 11.24.170,
parking regulations (11.24)
1406 Amends § 11.20.030, stop signs (11.20)
1407 Rezone (Special)
1408 Adds § 11.24.230, pazking prohibitions
(11.24)
1409 Amends § 11.24.150, parking prohibi-
tions (11.24)
1410 Amends §§ 6.5 and 7.6 of Ord. 652 and
repeals § 7.6, zoning (Repealed by
1601)
1411 Rezone (Special)
1412 Amends Ch. 16.52 in its entirety, flood
damage prevention (16.52)
1413 Adds § 11.36.070, traffic (11.36)
1414 Adds § § 2.365 and 8.12 to Ord. 746;
repeals and replaces §§ 3.02, 6.03.4,
7.05, 7.12, 8.08, 8.10, 8.11 and 10.03,
signs; repeals § 8.01 of Ord. 746 (Title
17)
1415 Rezone (Special)
1416 Adds § 11.24.240, blocking of intersec-
tions (11.24)
1417 Adds Ch. 11.09, pedestrians (11.09)
1418 Rezone (Special)
1419 Amends §§ 11.24.150 and 11.24.170,
stopping, standing and pazking (11.24)
1420 Amends Ch. 11.08, bicycles (11.08)
1421 Creates redevelopment agency (Not
codified)
1422 Amends § 11.24.160, stopping, standing
and parking (11.24)
1423 Amends § 11.24.150, stopping, standing
and parking (11.24)
1424 Rezone (Special)
1425 Amends Condition 16 of zoning action
2-2-83 (Special)
1426 Beverage container redemption and
recycling centers (19.40)
1427 Amends § 11.24.160, pazking (11.24)
614-1 (Cupertino 12-96)
TABLES
1428 Amends § 11.24.150, pazking (11.24)
1429 Amends §§ 11.20.020 and 11.20.030,
stop intersections (11.20)
1430 Adds Ch. 11.34, roadway design fea-
tures (11.34)
1431 Adds § 16.32.040(B) and reletters sub-
sequent subsections, swimming pool
safety requirements (16.32)
1432 Amends § 2.60.010, public safety com-
mission (2.60)
1433 Amends §§ 18-1.401.5 and 18-1.501.7,
subdivisions (18.16, 18.20)
1434 Rezone (Special)
1435 Rezone (Special)
1436 Rezone (Special)
1437 Amends § 5.20.015, peddlers and solici-
tors; repeals § 5.20.070 (5.20)
1438 Establishes interim zoning standazds for
the Rl and RHS zones (Not codified)
1439 Amends § 11.24.150, pazking (11.24)
1440 Establishes interim zoning standazds for
the R1 and RHS zones (Not codified)
1441 Amends § 16.04.010, 16.04.030,
16.04.060, 16.04.062, 16.16.030,
16.20.030 and 16.24.060, uniform codes
(Repealed by 1709)
1442 (Not enacted)
1443 Temporary parking restriction (Special)
1444 (Failed)
1445 Amends §§ 11.20.020 and 11.20.030,
stop intersections (11.20)
1446 Amends § 11.24.150, prohibited parking
(11.24)
1447 Rezone (Special)
1448 Rezone (Special)
1449 Amends Ord. 220; repeals Ord. 1374,
zoning (Repealed by 1601)
1450 Amends Ord. 220; repeals Ord. 1238,
zoning (Repealed by 1601)
1451 Amends Ord. 220; repeals Ord. 220(i),
zoning (Repealed by 1601)
1452 Amends Ord. 220; repeals Ord. 220(1),
zoning (Repealed by 1601)
1453 Amends Ord. 220; repeals § 5 of Ord.
1238 and § 5 of Ord. 1374, zoning (Not
codified)
1454 Amends § 11.24.150, prohibited parking
(11.24)
1455 Amends § 11.24.150, prohibited parking
(11.24)
1456 Rules governing effectiveness of zoning
standazds established by Ords. 1438,
1449, 1450 and 1453, zoning (Not codi-
fied)
1457 Amends § 2.08.090(A), order of busi-
ness at City Council meetings (2.08)
1458 Special election on bond issuance for
park, recreational and open space im-
provements (Special)
1459 Amends §§ 2.32.010 and 2.32.020,
Planning Commission (2.32)
1460 Amends §§ 2.36.010 and 2.36.020,
Pazks and Recreation Commission
(2.36)
1461 Amends §§ 2.38.010 and 2.38.020,
Energy Commission (Repealed by
1581)
1462 Amends § 2.44.040, Architectural and
Site Approval Committee (Repealed by
1630)
1463 Amends §§ 2.60.010 and 2.60.020, Pub-
lic Safety Commission (2.60)
1464 Amends § § 2.68.010 and 2.68.020, Li-
brary Commission (2.68)
1465 Amends §§ 2.74.010 and 2.74.020, Ca-
ble Television Advisory Committee
(2.74)
1466 Amends § § 2.80.010 and 2.80.020, Fine
Arts Commission (2.80)
1467 Amends § 11.24.150, prohibited pazking
(11.24)
1468 Rezone (Special)
1469 Prezone (Special)
1470 Zoning (Special)
1471 Rezone (Special)
1472 Amends § 5.20.110, peddlers and solici-
tors (5.20)
ccu~;oo i2-~> 614-2
ORDINANCE LIST
1473 Amends § 2.38.010, Energy Commis- repeals §§ 16.20.035, 16.40.050 and
Sion (Repealed by 1581) 16.40.070 (Repealed by 1711)
1474 Rezone (Special) 1494 Rezone (Special)
1475 Amends § 2.40.030, Disaster Council 1495 Amends Ord. 321, zoning (Repealed by
(2.40) 1601)
1476 Amends §§ 11.24.160 and 11.24.170, 1496 Amends § 6.4 of Ord. 652, zoning (Re-
parking restrictions (11.24) pealed by 1601)
1477 Amends § 6 of Ord. 1344, zoning (Not 1497 Adds § 1.12.010(A)(3), general penalty
codified) (1.12)
1478 Concunrent sales of alcoholic beverages 1498 Rezone (Special)
and gasoline (5.44) 1499 Rezone (Special)
1479 Adds Ch. 14.05, pazk maintenance fees, 1500 Amends § 11.24.200, stopping, standing
and amends § 14.04.040, street im- and pazking on public streets (11.24)
provements (14.04, 14.05) 1501 Adds § 8.08.525, animal and rabies
1480 Amends § 2.48.020, city departments control (Repealed by 1631)
(2.48) 1502 Rezone (Special)
1481 Amends § 6.28.030, CATV franchises 1503 Rezone (Special)
(Repealed by 1703) 1504 Rezone (Special)
1482 Amends § 11.20.030, stop intersections 1505 Amends Ch. 5.20, solicitors (5.20)
(11.20) 1506 Adds § 3.24.085, purchase of supplies
1483 Amends § 11.24.180, diagonal parking and equipment (Repealed by 1582)
(11.24) 1507 Amends Table 11.12.030, speed limits
1484 Amends Ord. 2(d), zoning (Repealed by (11.12)
1601) 1508 Amends § 2.01 of Ord. 1489, urgency
1485 Amends § 3.12.030(A), transient occu- water conservation restrictions and
pancy tax (3.12) regulations (Not codified)
1486 Rezone (Special) 1509 Rezone (Special)
1487 Amends § 2.16.020, City Council sala- 1510 Amends Res. 468, Planning Commis-
ries (2.16) Sion (Not codified)
1488 Amends § 4.1(a) of Ord. 652, zoning 1511 Rezone (Special)
(Not codified) 1512 Repeals § 7 of Ord. 1489, urgency
1489 Urgency water conservation restrictions water conservation restrictions and
and regulations (Not codified) regulations (Not codified)
1490 Rezone (Special) 1513 Water conservation (15.32)
1491 (Number not used) 1514 (Repealed by 1612)
1492 Amends § 15.12.110, waterworks sys- 1515 Rezone (Special)
tem regulations and enforcement 1516 Amends § 14.04.200 (A), street im-
(15.12) provements (14.04)
1493 Adds §§ 16.04.047, 16.04.048 and 1517 Amends § 11.08.250, bicycle lane des-
16.16.045; amends §§ 16.04.010, ignation (11.08)
16.04.040, 16.16.010, 16.20.010, 1518 Amends § 11.24.160, stopping, standing
16.24.010, 16.40.010, 16.40.030, and pazking on public streets (11.24)
16.40.040, 16.40.060, 16.40.080 and 1519 Amends § 16.56.030, Uniform Housing
16.56.010, buildings and construction; Code (Repealed by 1710)
614-3 (C~pertino ~z-~)
TABLES
1520 Amends (A) of § 3.12.030, alternate
sales and use tax (3.12)
1521 Amends § 11.24.150, pazking (11.24)
1522 Rezone (Special)
1523 Rezone (Special)
1524 Water conservation (15.32)
1525 Adds Ch. 16.42, toxic gases (16.42)
1526 Amends §§ 10.26.090 - 10.26.130,
alarm systems (10.26)
1527 Adds § 12.2 to Ord. 1449, § 7.3 to Ord.
575, § 4.3 to Ord. 779, § 13.2 to Ord.
1452, § 13.2 to Ord. 1451 and § 15.2 to
Ord. 1450, zoning (Repealed by 1601)
1528 Rezone (Special)
1529 Amends § 3.32.050, construction tax
(3.32)
1530 Rezone (Special)
1531 Adds Ch. 16.60, unreinforced masonry
buildings (16.60)
1532 Adds Ch. 10.30, elimination of bodily
waste in public (10.30)
1533 Amends Ord. 1532 and § 10.30.030,
elimination of bodily waste in public
(10.30)
1534 Adds Ch. 3.34, utility users excise tax
(3.34)
1535 Adds Ch. 2.84, Environmental Review
Committee (2.84)
1536 Rezone (Special)
1537 Rezone (Special)
1538 Adds Ch. 11.37, overweight vehicle
permit (11.37)
1539 Rezone (Special)
1540 Approves certain development agree-
ment (Special)
1541 Temporary conditional use permits (Not
codified)
1542 Amends § 11.12.030, speed limits
(11.12)
1543 Amends Ord. 778, heritage and speci-
men trees (14.18)
1544 Amends § 11.08.250, bicycles (11.08)
1545 Amends § 11.24.160, parking (11.24)
1546 Amends §§ 1.09.060, 1.09.140; repeals
and replaces 1.09.070, nuisance abate-
ment (1.09)
1547 Amends §§ 11.24.150 and 11.24.160,
pazking regulations (11.24)
1548 Amends § 11.12.030, speed limits
(11.12)
1549 Amends § 2.32.050, Planning Commis-
sion meetings (15.49)
1550 Prezone (Special)
1551 Amends §§ 2.20.030, 2.20.040,
2.20.050, 2.20.070, 2.20.080, 2.20.100
and 2.20.110, city clerk (2.20)
1552 Amends § 11.20.020, traffic regulations
(11.20)
1553 Amends § 11.24.150, parking regula-
tions (11.24)
1554 Rezone (Special)
1555 Adds Ch. 9.20, off-site hazazdous waste
facilities (9.20)
1556 Amends § 11.12.030, speed limits
(11.12)
1557 Amends §§ 11.20.020, traffic regula-
tions (11.20)
1558 Water conservation (15.32)
1559 Prezone (Special)
1560 Amends § 11.08.160, bicycles (11.08)
1561 Amends § 2.08.090(A), City Council
meetings (2.08)
1562 Amends § 11.24.150, pazking regula-
tions (11.24)
1563 Amends § 3.12.030(A), transient occu-
pancy tax (3.12)
1564 Amends § 11.24.150, parking regula-
tions (11.24)
1565 PERS contract amendment (Special)
1566 Amends § 11.12.030, speed limits
(11.12)
1567 Amends Ch. 16.16, electrical code
(Repealed by 1707)
1568 Amends § 128.1 of Ord. 220(I), zoning
(Not codified)
1569 Adds §§ 19.21.080-19.21.140, zoning
(19.52)
cc~~;oo iz-~> 614-4
ORDINANCE LIST
1570 Amends § 2.84.010, Environmental Re-
view Committee (2.84)
1571 Adds Ch. 9.18, nonpoint source pollu-
tion (9.18)
1572 Repeats and replaces Ch. 6.24, gazbage
collection (6.24)
1573 Amends Ord. 1543, heritage and speci-
men trees (14.18)
1574 Rezone (Special)
1575 Adds Art. 13 to Title 18, hillside subdi-
vision requirements (18.52)
1576 Adds Ch. 2.86, Affordable Housing
Committee (2.86)
1577 Amends Ch. 11.24 [§ 11.24.150], pazk-
ing prohibition along certain streets
(11.24)
1578 Amends § 11.24.150, parking prohibi-
tions on Stevens Creek Boulevazd
(11.24)
1579 Amends § 11.12.030, speed limit on
Bandley Drive (11.12)
1580 Amends Ch. 15.32, water conservation
(15.32)
1581 Repeals Ch. 2.38 (Repealer)
1582 Adds Ch. 3.22, purchase of supplies
and equipment; repeals Ch. 3.24 (3.22)
1583 Adds Ch. 3.23, public works contract
and bidding procedures (3.23)
1584 Amends § 11.12.030, speed limit on
Miller Avenue (11.12)
1585 Amends §§ 11.29.030-11.29.060, on-
site parking (11.29)
1586 Adds Ch. 11.38, transportation demand
management (Repealed by 1731)
1587 Amends §§ 15.32.010, 15.32.020,
15.32.030, 15.32.050, and 15.32.060,
water conservation (15.32)
1588 Adds Ch. 10.27, cigazette and/or to-
bacco vending machines (10.27)
1589 Amends § 11.24.150, pazlcing prohibi-
tions on Finch Avenue (11.24)
1590 Amends §§ 16.04.010 and 16.04.065,
repeals § § 16.04.040, 16.04.045 and
16.04.047, building code (Repealed by
1706)
1591 Amends §§ 16.20.010, 16.20.020,
16.20.030 and 16.20.050, plumbing
code (Repealed by 1708)
1592 Amends §§ 16.24.010, 16.24.030 and
16.24.070, mechanical code (Repealed
by 1709)
1593 Amends § 16.56.010, housing code
(Repealed by 1710)
1594 Amends Ch. 16.40, fire code (Repealed
by 1711)
1595 Amends §§ 16.32.020, 16.32.030,
16.32.040, 16.32.050, swimming pools
(16.32)
1596 Amends § 2.44.120, architectural and
site approval committee (Repealed by
1630)
1597 (Number not used)
1598 Amends entirety of Ch. 9.18, repeals
former sections 9.18.150-9.18.180,
nonpoint source pollution (9.18)
1599 Adds Ch. 3.36, storm drainage service
charge (3.36)
1600 Amends § 3.34.030(A), telephone use
tax (3.34)
1601 Adds Title 19 and repeals Ords. 002(b-
1), (tc), (x), (y), NS-1200 §§ 29 and 30,
220(g) and (1), 575, 618, 652, 664, 668,
779, 802, 906, 1277, 1344, 1449, 1450,
1451, 1452, 1484 and 1495, zoning
(19.02, 19.04, 19.08, 19.12, 19.16,
19.20, 19.24, 19.28, 19.32, 19.36,
19.40, 19.44, 19.48, 19.52, 19.56,
19.60, 19.64, 19.68, 19.72, 19.76,
19.80, 19.84, 19.88, 19.92, 19.96,
19.100, 19.104, 19.108, 19.112, 19.116,
19.120,19.124,19.128,19.132,19.136)
1602 Rezone (Special)
1603 (Number not used)
1604 Amends Ch. 15.12, waterworks system
(15.12)
1605 Amends § 11.24.150, pazking prohibi-
tions (11.24)
1606 Adds Ch. 9.06, massage establishments
(9.06)
614-5 ccu~;oo ~2-~~
TABLES
1607 Amends (75) and (76) of § 19.02.030,
zoning (19.02)
1608 Adds Ch. 19.OSA (OS open-space
zones), zoning (19.24)
1609 Amends § 18-1.803.2, 18-1.402.4(4),
18-1.402.5.1(B), 18-1.602.5(A) and 18-
1.602.7, subdivisions (18.16, 18.24,
18.32)
1610 Adds subsection (F) to § 16.12.030, soil
report (16.12)
1611 Adds § 14.04.125, traffic diverters
(14.04)
1612 Amends Ch. 5.04, business license
taxes (5.04)
1613 Amends contract with Boazd of Admin-
istration of California Public Employees
Retirement System (Not codified)
1614 Moratorium on certain subdivision,
building and grading uses in Inspiration
Heights azea (Not codified)
1615 Adds Ch. 14.15, xeriscape landscaping;
amends title of Title 14 to be Streets,
Sidewalks and Landscaping (14.15)
1616 Amends § 2.7.3 of Ord. 1606, massage
establishments and services (9.06)
1617 Amends § 2.04.040, vacancy on City
Council (2.04)
1618 Amends §§ 19.08.030, 19.28.040,
19.28.070, 19.56.040 and 19.124.100,
zoning (19.08, 19.28, 19.56, 19.124)
1619 Extends moratorium contained in Ord.
1614 (Not codified)
1620 Amends Ch. 16.32, swimming pools
(16.32)
1621 Rezone (Special)
1622 Amends Ch. 15.32, water conservation
(15.32)
1623 Amends § 2.48.020(A); repeals §§
2.48.020(F) and 2.48.020(G), depart-
ment organization (2.48)
1624 Amends Title 17, signs (17.04, 17.08,
17.12, 17.16, 17.20, 17.24, 17.32,
17.44, 17.52)
1625 Amends § 5.16.040, garage and patio
sales (5.16)
1626 Amends §§ 6.24.070 and 6.24.080, gaz-
bage containers (6.24)
1627 Amends § 18-1.201.(H), definition of
lot line adjustment (18-1.201.)
1628 Repeals and replaces Ch. 10.44, parades
and athletic events (10.44)
1629 Amends § 11.37.040, fee for processing
overweight vehicle permit (11.37)
1630 Amends §§ 14.15.040(E), 14.15.050(A),
14.18.040, 14.18.060(A), 14.18.090,
14.18.100, 14.18.110, 14.18.150(B),
14.18.170, 16.28.030, 19.16.060(E)(3),
19.20.060(E)(4), 19.28.060(E)(4),
19.44.070(E)(4), 19.56.070,
19.76.050(E), 19.88.060(7)(1) and (2),
19.132.060 and 19.136.060; repeals Ch.
2.44 and § § 19.44.090, 19.48.100 and
19.68.080, review authority (14.15,
14.18, 16.28, 19.16, 19.20, 19.28,
19.44, 19.56, 19.76, 19.88, 19.132 and
19.136)
1631 Repeals and replaces Title 8, animals
(Repealed by 1644)
1632 Amends § 3.23.120(B); repeals §
3.23.120(C), public works contract and
bidding procedures (3.23)
1633 Amends § 11.24.160, stopping, standing•
and parking (11.24)
1634 Amends Ch. 19.40, zoning (19.40)
1635 Adds §§ 18-1.1303(G) and (H) and
19.28.050(C); amends §§ 18-1.1303(B),
(C) and (D), 19.08.030 and
19.28.060(E)(4), subdivisions and zon-
ing (18.52, 19.08, 19.28)
1636 (Number not used)
1637 Adds subsection (~ to § 14.15.050 and
Appendix A to Ch. 14.15; amends §
14.15.040, xeriscape landscaping; adds
subsection (D) to § 16.28.040, fences;
adds § 19.76.070, and subsections
(D)(4) to § 19.28.060 and (C) to §
19.124.070; amends §§ 19.08.030,
19.24.030(D), 19.28.060(C)(2),
19.28.070(A), [19.48.030B, C and D],
19.48.050(A) and (B), 19.48.070(A),
cc5~peitino ~z-~~ 614-6
ORDINANCE LIST
19.48.080, 19.48.090(A), 19.56.040,
19.56.070, 19.64.040(A),
19.80.030(B)(2), 19.92.040, 19.100.030,
19.104.030(A), 19.104.040(A),
19.124.030, 19.124.040,19.124.050(A),
19.124.100A[B], zoning (14.15, 16.28,
19.08, 19.24, 19.28, 19.48, 19.56,
19.64, 19.76, 19.80, 19.92, 19.100,
19.104, 19.124)
1638 Rezone (Special)
1639 Amends §§ 2.36.010, 2.36.020(B) and
2.36.050, pazk and recreation commis-
sion (2.36)
1640 Amends subsections (B) and (H) of §
10.44.020, pazades and athletic events
(10.44)
1641 Amends Ch. 2.86, affordable housing
committee (2.86)
1642 Amends § 2.20.010, city clerk (2.20)
1643 Amends Ch. 9.06, massage establish-
ments (9.06)
1644 Repeals and replaces Title 8, animals
(Title 8)
1645 Amends § 11.24.160, pazking prohibi-
tion (11.24)
1646 Rezone (Special)
1647 Amends Ch. 10.25, regulation of smok-
ing in certain public places (10.25)
1648 Amends § 11.38.040, transportation
demand management (Repealed by
1731)
1649 Amends § 11.08.160, bicycles (11.08)
1650 Amends § 11.29.040(A)(1), on-site
pazking; amends § 19.96.030(A)(1),
pazking and keeping vehicles in various
zones (11.29, 19.96)
1651 Adds subsection C to § 14.24.040; re-
peals subsection D of § 14.24.080, un-
derground utilities-new developments
(14.24)
1652 Adds §§ 14.04.175 and 14.04.176;
amends §§ 14.04.010(H) and (I),
14.04.110 and 14.04.160(B), street im-
provements (14.04)
1653 Adds Art. 14 to Title 18, street facility
reimbursement chazges (18.56)
1654 Amends § 19.08.030, zoning (19.08)
1655 Amends §§ 17.24.130, 17.32.040,
17.44.030 and 17.44.080, signs (17.24,
17.32, 17.44)
1656 Amends §§ 19.04.090, 19.48.090
[ 19.48.070] and 19.124.030, zoning
(19.04, 19.48, 19.124)
1657 Amends §§ 19.08.030, 19.20.030,
19.20.040, 19.28.030, 19.28.040,
19.32.030, 19.32.040, 19.36.030,
19.36.040, 19.40.030, 19.40.040,
19.44.040, 19.44.050 and 19.100, zon-
ing (19.08, 19.20, 19.28, 19.32, 19.36,
19.40, 19.44, 19.100)
1658 Amends §§ 19.40.030(G), 19.40.050
and 19.40.060, zoning; repeals §
19.40.040(A)(8) (19.40)
1659 Rezone (Special)
1660 Amends Ch. 2.16, city council - sala-
ries (2.16)
1661 Adds § 10.25.110, regulation of smok-
ing in certain public places (10.25)
1662 Rezone (Special)
1663 (Number not used)
1664 Adds Title 20, general and specific
plans (20.02, 20.04)
1665 Repeals and replaces Ch. 10.68, juve-
nile curfew regulations (10.68)
1666 Adds new § 10.56.040; amends §§
10.56.020 and 10.56.030; amends and
renumbers § 10.56.040 to be 10.56.050;
renumbers § § 10.56.050 to be
10.56.060 and 10.56.060 to be
10.56.070, trespassing upon parking
lots, shopping center property and other
property open to the public (10.56)
1667 (Not passed)
1668 Amends §§ 10.21.010, 10.21.020,
10.21.040, 10.21.070 and 10.21.080,
news racks; repeals §§ 10.21.050,
10.21.080, 10.21.090 and 10.21.110
(10.21)
614-7 (Cupertino I2-~)
TABLES
1669 Adds Ch. 10.60, regulation of graffiti
(10.60)
1670 Rezone (Special)
1671 Adds Ch. 19.81, recycling areas (19.81)
1672 Adds Ch. 1.16, appeals of administra-
tive decisions (1.16)
1673 Adds Ch. 2.18, city attorney (2.18)
1674 Amends § 18-1.602.10, credit for pri-
vate recreation or open space (18.24)
1675 Repeals and replaces Ch. 1.08, right of
entry for inspection (1.08)
1676 Adds §§ 11.04.011, 11.04.019,
11.04.031, 11.04.091 and 11.04.092;
amends §§ 11.04.010, 11.04.020,
11.04.030, 11.04.040, 11.04.050,
11.04.062, 11.04.070, 11.04.090,
11.04.100, 11.04.110, 11.04.120,
11.04.130, 11.04.140 and 11.04.150;
repeals §§ 11.04.061, 11.04.080 and
11.04.160, abatement of abandoned
vehicles (11.04)
1677 Amends §§ 1.09.030, 1.09.040,
1.09.050, 1.09.060, 1.09.080, 1.09.100,
1.09.110 and 1.09.150; repeals §§
1.09.070, 1.09.090, 1.09.120, 1.09.130
and 1.09.140, nuisance abatement (1.09)
1678 Amends § 2.48.020, departmental orga-
nization (2.48)
1679 Adds Ch. 2.88, audit committee (2.88)
1680 Rezone (Special)
1681 Amends Ord. 1223, rezone (Special)
1682 Adds Ch. 19.82, beverage container
redemption and recycling centers
(19.82)
1683 Amends §§ 11.24.150 and 11.24.160,
establishment of certain parking prohi-
bition (11.24)
1684 Rezone (Special)
1685 Rezone (Special)
1686 (Not passed)
1687 Amends Ch. 19.56, zoning (19.56)
1688 Adds definitions to § 19.08.030 and §§
19.16.030(J), 19.16.040(B)(3~(6),
19.20.030(J) and (K), 19.20.040(B)
(10(13), 19.28.030(K), 19.28.040
(B)(3)--(6), 19.32.030(H) and (I),
19.32.040(B)(2)--(5), 19.36.030(G) and
(H), 19.36.040(B)(3}-(5), 19.40.030
(H)[I], 19.40.040(B)(3)-(5) and
19.44.040(F) and (H) [E and F];
amends §§ 19.16.030(n, 19.28.030(F),
19.36.040(B)(2), 19.40.030(F),
19.40.040(B)(2), 19.44.050, 19.64.050
(C) and 19.100.020, zoning (19.08,
19.16, 19.20, 19.28, 19.32, 19.36,
19.40, 19.44, 19.64, 19.100)
1689 Rezone (Special)
1690 Rezone (Special)
1691 Rezone (Special)
1692 Amends § 11.12.030, speed limits
(11.12)
1693 Amends § 16.40.250, fire code (Re-
pealed by 1711)
1694 Rezone (Special)
1695 Amends Condition 4 of Application 2-
2-94 relating to tree protection (Not
codified)
1696 (Pending)
1697 Adds §§ 2.04.005, 2.04.025, city coun-
cil-election and meetings (time and
place), and 2.08.105, city council-rules
and conduct of meetings; amends Ch.
1.01 footnote and §§ 1.01.010,
1.01.030, code adopted, 1.04.010(3),
general provisions, 1.09.030(B),
1.09.090, 1.09.180, title of App. A to
Ch. 1.09, nuisance abatement, Ch. 1.12
footnote, 1.12.010(B) and (C), 1.12.020,
general penalty, 1.16.020(D), appeal of
administrative decisions, title of Ch.
2.04, 2.04.020, 2.04.040(A) and (C)(1),
2.08.080(B), 2.08.090(A),
2.08.095(B)(1) and (C), 2.08.100,
2.12.010, 2.12.020, introduction and
passage of ordinances, 2.20.010,
2.20.020, 2.20.110, city clerk, 2.24.010,
2.24.020, 2.24.030, 2.24.040, city trea-
surer, 2.28.010, 2.28.030(B), 2.28.040,
2.28.050, 2.28.060, 2.28.070, 2.28.090,
city manager, 2.30.010, 2.30.020, code
cc~~~ iz-~~ 614-8
ORDINANCE LIST
enforcement officer, 2.32.020(A),
2.32.040, 2.32.060(B), 2.32.070,
2.32.090, planning commission,
2.36.040, pazk and recreation commis-
sion, 2.40.020, 2.40.030, 2.40.040,
2.40.050, 2.40.060(B) and (G)(3),
2.40.090, disaster council, 2.48.020,
departmental organization, 2.52.050,
2.52.060, 2.52.150, 2.52.160, 2.52.220,
2.52.240, 2.52.260, 2.52.270(A)(2),
(A)(6), (B) and (C), 2.52.290(L), (N)
and (R), 2.52.380, 2.52.420, 2.52.430,
2.52.440, 2.52.450, 2.52.470(A),
2.52.480, 2.52.490, personnel code,
2.68.070(A) and (B), library commis-
sion, 2.74.040, cable television advisory
committee, 2.86.060(A) and 2.86.070,
affordable housing committee; repeals
§§ 1.04.010(26), 1.09.170, 2.08.020,
2.08.080(C), 2.08.120, 2.32.080,
2.32.100, 2.36.100, 2.52.100(F),
2.52.190, 2.52.200, 2.52.210,
2.52.270(A)(1), (D) and (E), 2.52.390,
2.52.460, 2.52.470(A)(5), 2.52.500,
2.52.510, 2.52.520, Ch. 2.56, 2.60.090,
Ch. 2.72, 2.74.080(B) and Ch. 2.76
(1.01, 1.04, 1.09, 1.12, 1.16, 2.04, 2.08,
2.12, 2.20, 2.24, 2.28, 2.30, 2.32, 2.36,
2.40, 2.48, 2.52, 2.68, 2.74, 2.86)
1698 Adds intersections to §§ 11.20.020 and
11.20.030, stop signs (11.20)
1699 Adopts Stevens Creek Boulevazd specif-
ic plan (Special)
1700 -Ninety-day moratorium on issuance of
licenses or permits for massage estab-
lishments and services (Special)
1701 Rezone (Special)
1702 Approves development agreement be-
tween city and Hewlett-Packazd Compa-
ny (Special)
1703 Repeals and replaces Ch. 6.28, cable
television franchise regulations (6.28)
1704 Adds intersection to § 11.20.030 and
deletes intersection from § 11.20.020,
stop signs (11.20)
1705 Adds §§ 5.28.045, 5.28.165 and
5.28.175, taxicabs; amends §§
2.80.020(A), fine arts commission,
3.04.040, revenue and finance,
3.08.090, sales and use tax,
3.12.020(G), transient occupancy tax,
5.16.040, 5.16.050, garage and patio
sales, 5.28.070(F), (G), (H) and (N),
5.28.080, 5.28.100, 5.28.110,
5.28.130(A), 5.28.170, taxicabs,
5.32.020, 5.32.030, 5.32.050, 5.32.060,
5.32.080, 5.32.110, 5.32.160, 5.32.190,
5.32.200(C), 5.32.280(B) and (C),
5.32.300(A) and (B), bingo, 5.40.010,
5.40.020, 5.40.030 and the title of Ch.
5.40, secondhand dealers and pawnbro-
kers; repeals §§ 3.04.050, 3.04.060,
3.04.070, 3.04.080, 3.08.130, 3.08.140,
Ch. 3.09, 3.12.030(B), Ch. 3.16, Ch.
3.20, 3.32.100, 3.34.180, 5.04.220,
5.04.520, Ch. 5.08, 5.16.042, Ch. 5.24,
5.32.070, Ch. 5.36, 5.40.040, 5.40.050,
5.40.060 and 5.40.070 (2.80, 3.04, 3.08,
3.12, 5.16, 5.28, 5.32, 5.40)
1706 Repeals and replaces Ch. 16.04, build-
ing code adopted (16.04)
1707 Repeals and replaces Ch. 16.16, electri-
cal code adopted (16.16)
1708 Repeals and replaces Ch. 16.20, plumb-
ing code adopted (16.20)
1709 Repeals and replaces Ch. 16.24, me-
chanical code adopted (16.24)
1710 Repeals and replaces Ch. 16.56, uni-
form housing code adopted (16.56)
1711 Repeals and replaces Ch. 16.40, fire
code (16.40)
1712 Urgency ordinance; adds §§ 9.06.090
(B)(7) and (8), 9.06.245 and 9.06.275;
amends §§ 9.06.010(A), 9.06.020(E)
and (G), 9.06.040, 9.06.070(2),
9.06.080, 9.06.090(B), 9.06.110(B),
9.06.160, 9.06.170, 9.06.230, 9.06.240
and 9.06.260; and repeals §§ 9.06.120,
9.06.130, 9.06.140 and 9.06.150, mas-
sage establishments and services (9.06)
614-9 cc~~;oo tz-~~
TABLES
1713 Rezone (Special)
1714 Amends Ch. 2.74, Cupertino telecom-
munications commission (2.74)
1715 Amends §§ 14.18.020, 14.18.030,
14.18.140, 14.18.170, heritage and
specimen trees, and 19.48.110B, zoning
(14.18, 19.48)
1716 Rezone and prezone (Special)
1717 Rezone (Special)
1718 Amends § 11.24.160, stopping, standing
and parking (11.24)
1719 (Number not used)
1720 Adds subsection M to § 17.16.010 and
E to § 17.32.060; amends §§ 17.32.060
(C) and (D) and 17.32.070(E), signs
(17.16, 17.32)
1721 Rezone (Special)
1722 Adds §§ 5.28.070(0), 5.28.100(E),
5.28.165(D) and (E); amends §§
2.74.010, 2.74.020(A), 2.74.040,
2.74.050, 2.74.060, 2.74.070, 2.86.010,
2.86.020, 2.86.030, 2.86.060, 2.86.070,
2.86.100, 2.86.110, 2.86.120,
5.28.070(N), 5.28.180 and titles of Chs.
2.74 and 2.86; repeals Chs. 6.04 and
9.16 and §§ 2.74.080(B), 3.08.190,
3.08.200, 6.08.080, 6.08.090, 6.08.100,
6.12.080, 6.12.090, 6.12.100, 6.16.060,
6.20.060, 6.24.350, 9.08.120, 9.12.140
and article titles of Ch. 9.12 (2.74, 2.86,
3.08, 5.28, 9.12)
1723 Amends § 3.32.040, construction tax
(3.32)
1724 Amends § 11.24.150, parking (11.24)
1725 Adds § 19.40.145 and amends the defi-
nitions section of Ch. 19.08 [§
19.08.030] and § § 19.40.020,
19.40.050(B) and (F)(1), 19.40.060(C)
and (F)[E], 19.40.070(A) and
19.40.140, zoning (19.08, 19.40)
1726 (Pending)
1727 Amends § 11.24.150, parking (11.24)
1728 Amends §§ 2.16.010, 2.16.020 and
2.16.030, city council salaries (2.16)
1729 Amends § 11.24.150, parking (11.24)
1730 Amends § 11.20.020, stop signs (11.20)
1731 Adds §§ 11.27.145, 14.12.035,
14.12.055, 14.12.085, 14.12.090,
14.12.110 and 14.12.120; amends §§
5.44.060, 5.44.060(F), 10.26.090,
10.26.100, 10.26.110, 10.26.120(A) and
(B), 10.26.130, 10.26.150, 10.44.030,
10.44.040(A), 10.44.050(A),
10.44.055(A), 10.44.056(A), 10.44.060,
10.44.075(A), 10.44.080, 10.44.090,
10.44.100, 10.44.120, 10.44.140,
10.44.150(A), (B), (C) and (E),
10.44.160, 10.46.050, 10.76.020,
11.08.250, 11.08.260, 11.10.016, Table
11.12.030, 11.27.010, 11.32.090,
14.05.070, 14.12.010, 14.12.140 and
19.52.060(C); renumbers Ch. 5.44 as
Ch. 19.106; renumbers prior §§
14.12.090, 14.12.110 and 14.12.120 to
§§ 14.12.095, 14.12.130 and 14.12.140;
deletes T. 10 division titles and Ch.
10.48 article titles; repeals §§ 3.08.180,
3.08.190, 3.08.200, 3.22.080, 3.23.180,
3.25.100, 3.32.090, 3.24.240, 3.36.210,
5.20.160, 5.28.230, 5.32.340, 5.44.080,
6.24.340, 6.28.150, 9.06.280, 9.12.134,
9.18.140, 9.20.320, 10.10.040,
10.21.140, 10.24.070, 10.25.100, Ch.
10.26 Editor's note, 10.26.160, Ch.
10.28, §§ 10.44.090(C), 10.44.170,
10.46.080, 10.46.090, 10.48.063,
10.56.060,10.68.040, Chs. 10.70, 10.82
and 11.16, §§ 11.20.040, 11.29.060,
11.37.080, Ch. 11.38, §§ 14.05.130,
14.05.140, 14.15.080, Ch. 14.16, §§
14.18.230(B) and (C), 14.18.240,
15.20.101, 16.04.160, 16.08.030,
16.24.050, 16.28.080, 16.32.090,
17.56.010, 19.40.150, 19.81.070,
19.82.080, 19.116.350, 20.02.030 and
20.04.070, various subjects (10.26,
10.44, 10.46, 10.76, 11.08, 11.10,
11.12, 11.27, 11.32, 14.05, 14.12,
19.106)
1732 Rezone (Special)
(Cupertino 12.96) 614-10
ORDINANCE LIST
1733 Mobile vendor permits (5.48)
1734 Rezone (Special)
1735 Rezone (Special)
1736 (Pending)
1737 (Pending)
1738 Rezone (Special)
1739 Amends § 11.08.260, bicycles (11.08)
1740 Amends § 11.08.250, bicycles (11.08)
1741 Amends § 11.24.150, pazking (11.24)
614-11 ~cu~~;no ]2-96)
ABANDONED VEHICLE
INDEX
A -
ABANDONED VEHICLE
See VEHICLE
ADMINISTRATIVE SERVICES DEPARTMENT
See DEPARTMENTAL ORGANIZATION
ADVERTISEMENT
Commercial advertising
distribution
prohibited when 10.52.080
requirements 10.52.070
license required, permit prerequisite 10.52.060
Distribution
commercial advertising
See Commercial advertising
permit
application, denial, appeal 10.52.040
required 10.52.030
revocation 10.52.050
Newspaper distribution method 10.52.020
Throwing, littering unlawful when 10.52.010
Violation, penalty 10.52.090
AFFORDABLE HOUSING
See also HOUSING COMMITTEE
Effect of provisions 2.86.130
Policies, strategies, projects, scope, authority
2.86.100
AGENT
Business license
See also BUSINESS LICENSE
fee 5.04.290
ALARM
Automatic telephone connection prohibited
10.26.050
Definitions 10.26.020
Equipment and installation requirements 10.26.160
Exemptions 10.26.060
False alarm
charge
assessment notice 10.26.100
collection 10.26.140
imposition, amount 10.26.090
hearing
failure to request, effect 10.26.130
procedure 10.26.120
request 10.26.110
investigation, report requirements 10.26.070
notification procedure 10.26.080
willful conduct, city reimbursement 10.26.150
Purpose of provisions 10.26.010
Requirements 10.26.040
Violation, penalty 10.26.170
ALCOHOLIC BEVERAGE
See LIQUOR
AMUSEMENT CENTER
Business license
See also BUSINESS LICENSE
fee 5.04.300
ANIMAL
Abandoned 8.01.080
Abuse 8.01.120
Adoption 8.02.100
Animal control officer
authority 8.01.100
inspection 8.01.110
At large
prohibited 8.01.030
seizure, limitations 8.01.040
Beekeeping
apiary
location restrictions 8.07.060
moving, notice required 8.07.050
water supply requirements 8.07.070
identification, sign requirements 8.07.080
violation
notice, correction 8.07.090
penalty, abatement 8.07.100
Bite, quarantine, violation, examination 8.01.050
In City buildings 8.01.090
6I5 (Cupertino 12-96)
ANIMAL
Dangerous
permit
denial 8.06.020
period, fee 8.06.030
required 8.06.010
Dead, disposal 8.01.070
Definitions 8.01.010
Diseased, seizure 8.01.060
Dog
See also Dog, cat
dangerous
See also Dangerous
registration required 8.03.040
restraint required, exception 8.03.010
Dog, cat
license
fee 8.03.060
issuance 8.03.070
period 8.03.090
presentation on request 8.03.110
recordkeeping 8.03.100
required 8.03.050
tag, wearing required when 8.03.080
maximum allowed, spaying requirements, litter
limit 8.03.020
sale
See Sale
vaccination
recordkeeping requirements 8.03.120
required, penalty 8.03.030
Hearing
after seizure 8.02.050
appeal 8.02.080
before seizure 8.02.070
failure to appeal 8.02.090
Horse
barns, shelters, pens
location requirements 8.11.040
structural requirements 8.11.050
event, amateur
generally 8.11.020
restrictions 8.11.060
land area requirements 8.11.030
perrmt
See also permit application
appeal 8.11.130
contents 8.11.110
issuance 8.11.100
modification, revocation 8.11.120
permit application
contents 8.11.070
health officer review 8.11.080
notice 8.11.090
pet, kept as 8.11.010
violation, penalty 8.11.140
Immunization, vaccination
See Dog, cat
Sale
Impoundment
disposition 8.02.040
fee 8.02.010
heazing, appeal
See Hearing
notice 8.02.030
redemption 8.02.020
Kennel
inspection 8.05.050
permit
See also permit denial, revocation
application 8.05.020
expiration, renewal 8.05.040
nontransferable 8.05.090
required 8.05.010
permit denial, revocation 8.05.060
appeal 8.05.070
subsequent application 8.05.080
requirements generally 8.05.030
Nuisance when 8.01.130
Poisoning
See Abuse
Sale
age requirement 8.09.010
immunization 8.09.020
returned animal 8.09.030
Traps prohibited 8.01.160
Vehicles 8.01.140
Zoning, land use not regulated 8.01.020
(Cupertino n-96> 616
APARTMENT
APARTMENT
Business license
See also BUSINESS LICENSE
tax 5.04.320
Term 2.88.030
Voting 2.88.080
AUTO COURT
Business license tax rate 5.04.390
APPEAL
See also Specific Subject
Administrative
definitions 1.16.010
procedure 1.16.020
ATHLETIC EVENT
Regulations, permit
See PARADES AND ATHLETIC EVENTS
ATTORNEY, CTfY
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 COMMITTEE
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
Members
residency, selection 2.88.020
vacancy 2.88.040
Powers, duties 2.88.100
Recordkeeping 2.88.090
Rules, regulations 2.88.120
AUTOMATIC CHECKOUT SYSTEM
See GROCERY STORE
- B -
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
Definitions 11.08.010-11.08.012
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
Quadricycle, motorized, defined 11.08.013
Registration certificate
See also License
issuance 11.08.060
Regulations generally 11.08.020
(I'] (Cupertino 12-96)
BICYCLE
Riding restrictions 11.08.210
Routes designated 11.08.260
Traffic laws applicability 11.08.140
Violation, penalty 11.08.270
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
Provisions to supplement state law
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
See also UNREINFORCED MASONRY
BUILDINGS
Address number visibility requirements 16.04.050
Dangerous
abatement cost
assessment 16.44.130
determination 16.44.110
determination 16.44.010
hearing
designated 16.44.080
procedure 16.44.090
report 16.44.120
incidental expenses defined 16.44.110
limitation of provisions 16.44.140
notice, abatement
form required 16.44.070
posting, contents 16.44.050
service 16.44.060
nuisance
5.32.110 declazation 16.44.020
5.32.350 determination 16:44.040
owner defined 16.44.070
resolution service 16.44.100
violation, penalty 16.44.150
(Cupertino 12-96) 61$
BUII,DING
Electrical Code
See ELECTRICAL
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
Moving
contiguous land 16.36.080
definitions 16.36.010
metal tires prohibited 16.36.090
notice required 16.36.040
permit
application 16.36.030
bond 16.36.060
conditions 16.36.070
issuance, hearing 16.36.040
required 16.36.020
roller restrictions 16.36.100
truck requirements 16.36.110
supervisor, duties 16.36.120
violation, penalty 16.36.130
Official
right of entry 16.16.040
seismic safety
alternate methods, materials approval
16.60.010
compliance order issuance, enforcement
16.60.080
swimming pool code
administration 16.32.030
enforcement 16.32.060
Plumbing code
See PLUMBING CODE
Preliminary soils report
appeals 16.12.070
approval 16.12.050
building permit conditions 16.12.060
contents 16.12.030
preparation 16.12.040
purpose 16.12.010
required 16.12.020
Retaining wall
See EXCAVATION, GRADING, RETAINING
WALLS
San Jose-Cupertino reorganized territory
compensation prohibited 16.48.010
Cupertino official
authority 16.48.070
effect of provisions 16.48.080
reciprocity 16.48.090
definitions 16.48.010
San Jose official
authority 16.48.040
effect of provisions 16.48.050
reciprocity 16.48.060
Soils report
See Preliminary soils report
Swimming pool
See SWIMMING POOL
BUILDING CODE
Address marking, site numbering 16.04.050
Adopted 16.04.010
Amendments
Section 105 16.04.020
Section 108.7 16.04.030
Section 310.7 16.04.070
Section 1806.1 16.04.080
Section 1924 16.04.090
Section 2326.11.3 16.04.100
Section 3403.2 16.04.110
Bracing 16.04.100
Ceiling, suspended 16.04.110
Enforcement of provisions 16.04.020
Fees
energy permit 16.04.130
inspection 16.04.120
Foundations, reinforcement 16.04.080
Hearing 16.04.140
Inspection
fees
See Fees
generally 16.04.030
Seismic safety 16.04.040
619 (Cupertino 12-96)
BUILDING CODE
Single-room occupancies 16.04.070
Slab thickness 16.04.090
Spark arresters 16.04.060
Violation, penalty 16.04.150
BUII.DING MATERIAL YARD
Business license
See also BUSINESS LICENSE
fee 5.04.350
BUSINESS LICENSE
Adjustments, interstate commerce 5.04.100
Appeal 5.04.480
City council powers, duties 5.04.060
Collector powers, duties 5.04.070
Deemed debt to city 5.04.240
Definitions 5.04.030
Duplicate 5.04.170
Effect of provisions 5.04.490
Evidence of doing business 5.04.090
Exemption
application 5.04.120
generally 5.04.110
Imposed 5.04.280
Interest, penalties 5.04.250
Interpretation of provisions 5.04.050
Issuance, expiration 5.04.210
Overpayment refund 5.04.230
Payment due when 5.04.200
Posting, display required 5.04.140
Purpose of provisions 5.04.020
Reclassification 5.04.470
Renewal 5.04.160
Required 5.04.080
Revocation 5.04.120
Sepazate businesses, same location, sepazate licenses
required 5.04.130
Statements
deemed not conclusive, confidentiality 5.04.260
extension for filing 5.04.270
failure to file 5.04.190
verification, audit 5.04.180
Tax increase, automatic, consumer price index
5.04.460
Terminology of provisions 5.04.040
Title of provisions 5.04.010
Transfer 5.04.150
Violation, penalty
generally 5.04.500
remedies cumulative 5.04.510
- C -
CABLE TELEVISION ADVISORY COMMITTEE
See TELECOMMUNICATIONS COMMISSION
CABLE TELEVISION FRANCHISE
Conflicting provisions 6.28.160
Customer service standards 6.28.090
Definitions 6.28.010
Design, construction 6.28.080
Discrimination 6.28.110
Duration 6.28.030
Enforcement
nonenforcement 6.28.120
remedies reserved 6.28.100
Failure to perform 6.28.140
Fees 6.28.050
Finances, funds, bonds 6.28.060
Granting, generally 6.28.020
Insurance, indemnification 6.28.070
Notices 6.28.130
Rights reserved by city 6.28.040
CAFETERIA
See RESTAURANT
CALIFORNIA WATER SERVICE
See FRANCHISE
CAT
See ANIMAL
CATV
Acquisition 6.28.060
Advisory committee
See CABLE TELEVISION ADVISORY
COMMITTEE
Arbitration 6.28.260
Bond 6.28.150
(Cupertino 12-96) (20
CATV
Change 6.28.130
City authority 6.28.090
Definitions 6.28.010
Franchise
application 6.28.210
duration 6.28.050
effective date 6.28.230
existing 6.28.270
granting 6.28.030
payment 6.28.070
renewal 6.28.220
Inadequate remedy 6.28.246
Indemnification 6.28.160
Inspection 6.28.170
Limitation 6.28.080
Location 6.28.110
Permit 6.28.100
Pole, facility use 6.28.200
Regulation 6.28.045
Removal, abandonment 6.28.120
Repair 6.28.245
Requirements generally 6.28.190
Severability of provisions 6.28.250
Standards 6.28.180
Street work failure 6.28.140
Supervision 6.28.247
Use permitted 6.28.040
Violation, penalty 6.28.240
CIGARETTE, TOBACCO VENDING MACHINES
Public places
permitted where, restrictions 10.27.040
prohibitions generally 10.27.030
Purpose, intent of provisions 10.27.020
Title of provisions 10.27.010
Violation, penalty 10.27.050
CITY
Defined 1.04.010
Officials
See Specific Officer
CIVII. DEFENSE
See DISASTER COUNCIL
CLERK, CITY
Appointment 2.20.100
Bingo permit hearing, setting, notice 5.32.230
City seal custodian 2.20.050
Conflict of interest 2.64.020
Construction prohibition appeal notice 10.48.060
Department
See DEPARTMENTAL ORGANIZATION
Deputy, appointment 2:20.110
Election date change
copy filing 2.76.020
voter notification 2.76.030
Employees' retirement system execution 2.56.020
Nuisance abatement lien certificate, issuance
1.09.140
Oath of office, bond 2.20.040
Oaths, affirmations administration 2.20.070
Other duties 2.20.080
Recordkeeping
accounting duties transferred 2.20.020
duty 2.20.010
ordinances 2.20.030
Storm drainage service chazge collection duties
3.36.080
Transient occupancy tax appeal heazing notice
3.12.100
Weed abatement, assessment, notice posting
9.08.080
CIRCULAR
See ADVERTISEMENT
CIRCUS
Business license
See also BUSINESS LICENSE
fee 5.04.340
CODE
Adopted 1.01.010
Authority 1.01.030
Constitutionality 1.01.090
Construction 1.04.040
Definitions 1.04.010
Effective date 1.01.080
Effect, past actions, obligations 1.01.070
621 (Cupertino 12-96)
CODE
Enforcement officer
See CODE ENFORCEMENT OFFICER
Fire
See FIRE
Grammatical interpretation 1.04.020
Headings, not limiting 1.01.050
Penalty
designated 1.12.010
nuisance abatement 1.12.030
separate offenses 1.12.020
Prohibited acts including causing, permitting
1.04.030
References
applicable to amendments 1.01.040
application to corresponding ordinances
1.01.060
title, citation 1.01.020
Repeal shall not revive any ordinances 1.04.050
CODE ENFORCEMENT OFFICER
Inspection, right of entry
See INSPECTION
Office created 2.30.010
Warrantless arrest authority 2.30.020
COFFEE SHOP
See RESTAURANT
COMMISSION, CITY
See Specific Commission
COMMUNICATION WITH CITY OFFICIALS
Public building, prohibited acts designated
10.10.020
Right designated 10.10.010
Violation, penalty 10.10.030
COMMUNITY DEVELOPMENT DEPARTMENT
See DEPARTMENTAL ORGANIZATION
COMMUNITY DEVELOPMENT DIRECTOR
Parade and athletic event administrative authority
10.44.030
Sign provision duties
enforcement, interpretation 17.52.010
exception report to city council 17.44.090
permit application review 17.12.060
sign modification 17.12.070
special event sign, promotional device, permit
review 17.12.090
CONCERT
Business license
See also BUSINESS LICENSE
fee 5.04.340
CONSTRUCTION TAX
Adjustment 3.32.045
Definitions 3.32.020
Exceptions 3.32.070
Imposition 3.32.030
Payment
place 3.32.060
time 3.32.050
Purpose, intent 3.32.010
Rates 3.32.040
Refunds 3.32.050
Revenue use 3.32.080
CONTRACTOR
Business license
See also BUSINESS LICENSE
fee 5.04.370
COUNCIL, CITY
Abandoned vehicle, hearing 11.04.070
Bicycle, fee allocation 11.08.130
Bingo permit
applicant investigation 5.32.210, 5.32.220
approval 5.32.240
Business license powers, duties 5.04.060
Cable television advisory committee member
appointment 2.74.010
vacancy filling 2.74.030
Child care expense reimbursement, when granted
2.72.010
Communications 2.08.100
(Cupertino 12-96) 622
COUNCIL, CITY
Contract bid awazd 3.24.080
Defined 1.04.010
Document signature authority 2.08.135
Election 2.04.005
False alarm hearing duties 10.26.120
Fences, height, location determination 16.28.030
Manager, city
appointment 2.28.010
suspension, removal 2.28.090
Meeting
discussion procedure 2.08.130
emergency 2.04.025
order of business 2.08.090
place 2.04.030
presentation method 2.08.080
protests 2.08.120
reconsideration motions 2.08.095
regulaz 2.04.010
special 2.04.020
violation, penalty 2.08.140
Municipal employee relations officer
appointment 2.52.320
Nuisance abatement hearing 1.09.070
Officer, official body reports 2.08.110
Pazade, athletic event permit appeal heazing
10.44.140
Permit pazking time determination 11.27.130
Personnel authority 2.52.090
Petition
defined 2.08.030
exception 2.08.070
hearing notice 2.08.040
Public safety commission appointment 2.60.010
Reimbursement 2.16.030
Robert's Rules of Order adopted 2.08.020
Rules adopted 2.08.010
Salary
amount, effective date 2.16.020
statutory basis 2.16.010
Storm drainage service charge
adjustment authority 3.36.160
collection duties 3.36.080
review duties 3.36.050
Transient occupancy tax appeal hearing
determination 3.12.100
Vacancy filling 2.04.040
Water charge appeal hearing 15.12.100
Weed abatement
assessment, hearing 9.08.090
authority 9.08.060
hearing, decision, action 9.08.050
resolution 9.08.020
CRUISING
See TRAFFIC
CUPERTINO GARBAGE COMPANY
See GARBAGE
CURFEW
Definitions 10.68.010
Exceptions 10.68.030
Violation
penalty 10.68.050
prohibited acts 10.68.020
-D-
DEFECATION
See URINATION, DEFECATION
DELIVERY, NIGHTTIME
See COMMERCIAL ESTABLISHMENT
DEPARTMENTAL ORGANIZATION
Divisions, designated 2.48.020
Manager authority 2.48.030
Purpose 2.48.010
DISASTER COUNCIL
Director of emergency services
created 2.40.050
powers, duties 2.40.060
Emergency
defined 2.40.020
organization
membership 2.40.070
623 (Cupertino 12-96)
DISASTER COUNCII.
structure, duties, functions 2.40.080
Expenditures 2.40.100
Membership 2.40.030
Mutual aid provided 2.40.090
Powers, duties 2.40.030
Purposes 2.40.010
Violation, penalty 2.40.110
DOCUMENTARY STAMP TAX
Administration, authority 3.04.090
Exemptions 3.04.040
Imposition, rate 3.04.020
Payment responsibility 3.04.030
Refund claim, authority 3.04.100
Short title, authority 3.04.010
DOG
See ANIMAL
-E-
EARTHQUAKE
See BUILDING
TOXIC GASES
UNREINFORCED MASONRY BUILDINGS
ELECTIONS, MUNICIPAL
See COUNCII., CITY
ELECTRICAL CODE
Adopted 16.16.010
Amendments
Article 336-4 16.16.060
Cables, nonmetallic-sheathed 16.16.060
EMERGENCY
See DISASTER COUNCIL
EMPLOYEE, CITY
See also Specific Employee
Communication with public
See COMMUNICATION WITH CITY
OFFICIALS
General personnel policies
See PERSONNEL
EMPLOYEES' RETIREMENT SYSTEM
See PERSONNEL
ENGINEER, CITY
Preliminary soil report approval 16.12.050
Truck route signing 11.32.020
ENVIRONMENTAL PROTECTION
CEQA guidelines adopted 2.84.090
ENVIRONMENTAL REVIEW COMMITTEE
Appeals 2.84.100
City powers not restricted 2.84.120
Chairperson 2.84.030
Compensation, expense reimbursement 2.84.050
Environmental assessment fee 2.84.110
Established, composition 2.84.010
Meetings
majority vote 2.84.060
quorum 2.84.040
Office, term 2.84.020
Powers, duties 2.84.080
Record of proceedings 2.84.070
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 mazket, when 3.25.070
System adopted 3.25.010
To officer, employee of city, restrictions 3.25.090
EXCAVATION, GRADING, RETAINING WALLS
Appeals 16.08.265
Bond requirements 16.08.150
Civil engineer grading supervision
See Grading
Definitions 16.08.020
Engineering geological reports 16.08.120
(Cupertino 12-96) 624
EXCAVATION, GRADING, RETAINING WALLS
Fees 16.08.160
Grading
See also Specific Type or Phase
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
form 16.08.090
approval conditions 16.08.190
denial 16.08.180
design standazds 16.08.200
exemptions
categorical 16.08.070
generally 16.08.060
issuance conditions 16.08.170
limitations, conditions 16.08.210
permittee
See Permittee responsibility
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
Work completion notice, report 16.08.260
Work schedule required 16.08.140
EXPLOSIVES
See also FIRE
Permit
issuance 10.20.020
required, application 10.20.010
Storage 10.20.030
Violation, penalty 10.20.040
-F-
FALSE ALARM
See ALARM
625
FAMILY CARE HOME
Business license
(Cupertino 12-96)
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
Definitions 16.28.020
Exceptions 16.28.060
Location
See Construction design review guidelines
Materials
See Construction design review guidelines
Ordinance publication 16.28.090
Proximity to public streets 16.28.050
Setback, azea requirements
front 16.28.020
rear 16.28.020
side 16.28.020
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 charges 3.36.100
premises inspection authority 3.36.190
FINANCE OFFICER
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
See generally
voting, requirements 2.80.060
Members
See also Established, appointment, composition
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 BUILDING
FIRE CODE
SMOKING
FIRE CODE
Additions
Appendix II-A, Section 16.3 16.40.900
Appendix II-A, Section 25 16.40.910
Appendix III-B, Section 5 16.40.920
Section 101.3.1 16.40.020
Section 103.3.2.3 16.40.030
Section 103.3.2.4 16.40.040
Section 105.8f.6 16.40.050
Section 105.9 16.40.070
Section 209-H 16.40.090
Section 105.81.1 16.40.060
Section 214-M 16.40.100
Section 220-S 16.40.110
Section 1001.11 16.40.130
Section 1003.1.4 16.40.140
Section 1004.6 16.40.150
Section 1007.3.3.3.5 16.40.170
Section 7901.1.1.1 16.40.280
Section 8001.4.2.1 16.40.370
Section 8001.4.7.4 16.40.420
Section 8001.9.8 16.40.440
Section 8001.10.1.2 16.40.450
Section 8001.14.5 16.40.470
Section 8001.14.6 16.40.480
Section 8001.14.6.1 16.40.490
Section 8001.14.6.2 16.40.500
Section 8001.14.6.3 16.40.510
Section 8001.14.6.4 16.40.520
Section 8001.14.6.5 16.40.530
Section 8001.14.6.6 16.40.540
Section 8001.14.6.7 16.40.550
Section 8001.14.6.8 16.40.560
Section 8001.14.6.9 16.40.570
Section 8001.14.6.10 16.40.580
Section 8001.14.6.11 16.40.590
Section 8001.15 16.40.600
Section 8001.15.1 16.40.610
Section 8001.15.1.2 16.40.620
Section 8001.15.1.3 16.40.630
Section 8001.15.1.4 16.40.640
Section 8001.15.2 16.40.650
Section 8001.15.2.1 16.40.660
Section 8001.15.2.2 16.40.670
Section 8001.15.2.3 16.40.680
Section 8001.15.2.4 16.40.690
Section 8001.15.3 16.40.700
Section 8001.15.3.1 16.40.710
Section 8001.15.4 16.40.720
Section 8001.15.4.1 16.40.730
Section 8001.15.4.2 16.40.740
Section 8001.15.5 16.40.750
Section 8001.16 16.40.760
Section 8003.3.3.1 16.40.840
Section 8003.3.4.1 16.40.850
Section 8004.1.19 16.40.870
(Cupertino 12-96) 626
FIRE CODE
Section 8204.2.1 16.40.890 FIREARM
Adopted 16.40.010 Permit required 10.76.010
Amendments Violation, penalty 10.76.020
Section 903.3 16.40.120
Section 2501.18.2 16.40.180 FIRE CHIEF
Section 2501.18.2.1 16.40.190 Bingo permit applicant investigation 5.32.220
Section 2501.18.2.2 16.40.200 Toxic gas storage, use
Section 2501.18.2.3 16.40.210 compliance plan, permit
Section 2501.18.2.4 16.40.220 fee charging, data submittal requiring
Section 5202.4.3.2 16.40.230 16.42.060
Section 5204.5.2.1 16.40.240 time limit extension 16.42.070
Section 6301 16.40.250 controls requiring 16.42.230
Section 7401.6.4 16.40.260 facility closing duties 16.42.080
Section 7701.7.2 16.40.270 leak testing approval 16.42.130
Section 7901.8.1 16.40.290 sprinkler system requiring 16.42.190
Section 7901.11.1.1 16.40.300
Section 7902.2.2.1 16.40.320 FIRE MARSHAL, COiJNTY
Section 8001.1.1 16.40.330 Weed abatement
Section 8001.1.1.1 16.40.340 assessment
Section 8001.2.2 16.40.350 collection authority 9.08.100
Section 8001.3.2 16.40.360 hearing, submittal of record 9.08.090
Section 8001.4.3.2 16.40.380 notice distribution 9.08.080
Section 8001.4.3.3 16.40.390 recordkeeping duty 9.08.070
Section 8001.5.2.2 16.40.400 duty 9.08.060
Section 8001.7 16.40.410 notice mailing 9.08.040
Section 8001.9.8 16.40.430
Section 8001.12.3.3 16.40.460 FIREWORKS
Section 8003.1 16.40.770 Defined 10.24.010
Section 8003.1.7.4 16.40.780 Definitions 10.24.010
Section 8003.1.14.1 16.40.790 Exceptions 10.24.030
Section 8003.3.1.3.1 16.40.800 Prohibitions 10.24.020
Section 8003.3.1.4 16.40.810 Violation, penalty 10.24.080
Section 8003.3.2.1 16.40.820
Section 8003.3.2.2.2 16.40.830
Section 8004.1.1 16.40.860
Section 8202.1 16.40.880
Table 105-A 16.40.080
Table 1004-A 16.40.160
Deletion, Section 7901.3.2 16.40.310
Hazard abatement 16.40.950
Hearings 16.40.940
Violation, penalty 16.40.930
627 (Cupertino 12-96)
FRANCHISE
FRANCHISE
Cable television
See CABLE TELEVISION FRANCHISE
California water service
designated 6.16.010
gross annual receipts, percentage payment to
city 6.16.050
maintenance
notice 6.16.020
required 6.16.030
term 6.16.040
Cupertino gazbage company
See GARBAGE
Electricity
definitions 6.08.010
designated 6.08.020
granting authority 6.08.070
gross receipts
percentage payment to city 6.08.050
total, report required 6.08.060
maintenance requirements 6.08.030
term 6.08.040
Garbage
See GARBAGE
Gas
definitions 6.12.010
designated 6.12.020
granting authority 6.12.070
gross receipts
percentage payment to city 6.12.050
total, report required 6.12.060
maintenance requirements 6.12.030
term 6.12.040
Pacific Gas and Electric Company
See Electricity
Gas
San Jose waterworks
designated 6.20.010
gross annual receipts, percentage payment to city
6.20.050
maintenance
notice 6.20.020
required 6.20.030
term 6.20.040
Water
See California water service
San Jose waterworks
FUND
Investment 2.24.050
Special gas tax street improvement
See SPECIAL GAS TAX STREET
IMPROVEMENT FUND
-G-
GARAGE, PATIO SALE
Definitions 5.16.020
Enforcement 5.16.060
Findings 5.16.010
Goods display 5.16.050
Limitation 5.16.030
Sign
See also SIGN
regulations generally 17.32.030
restrictions 5.16.040
Violation
penalty 5.16.070
presumption 5.16.041
GARBAGE
Administration, enforcement, regulations adoption
6.24.325
Burning, restrictions 6.24.090
Collection
See also Specific Subject
unauthorized, prohibited 6.24.300
Collection service
chazges
See also Delinquent account
mandatory, owner responsibilities
establishment, collection 6.24.150
failure to pay, effect 6.24.160
commencement, time limits 6.24.040
franchise
existing, continuance 6.24.130
grant, scope, authority 6.24.120
provisions not to negate 6.24.140
interference prohibited 6.24.310
633 ccu~~;no 12-96)
GARBAGE
mandatory, owner responsibilities 6.24.030
unauthorized use prohibited 6.24.320
Container
inappropriate, additional charges when 6.24.080
standazds, use regulations 6.24.070
trash enclosure required when, requirements
6.24.305
Definitions 6.24.020
Delinquent account
appropriation account created, purpose, use
6.24.280
collection, procedure 6.24.180
lien
See also collection, procedure
initiation 6.24.190
recordation 6.24.230
lien hearing
city council hearing 6.24.220
finance director hearing 6.24.220
notice 6.24.200
notice 6.24.170
special assessment
collection as, when 6.24.240
collection procedure 6.24.270
levy, procedure 6.24.260
report, contents 6.24.250
Disposal
explosive, hazazdous materials 6.24.100
frequency 6.24.050
methods designated 6.24.060
public property, unlawful 6.24.110
Franchise
See Collection service
Purpose of provisions 6.24.010
Recycling center, operation, use 6.24.290
Violation, penalty 6.24.330
GAS
See FRANCHISE
TOXIC GASES
GENERAL PENALTY
See PENALTY, GENERAL
GENERAL PLAN
See LAND DEVELOPMENT PLANNING
GOAT
See ANIMAL
GRADING
See EXCAVATION
GRAFFITI
Abatement
generally 10.60.050
procedure 10.60.060
stayed during prosecution 10.60.070
Definitions 10.60.030
Nuisance declazed 10.60.020
Prohibited 10.60.040
Purpose of provisions 10.60.010
Remedies cumulative 10.60.080
Violation, penalty 10.60.090
GUN
See FIREARM
H
HANDBILLING
See ADVERTISING
HAZARDOUS MATERIALS STORAGE
See also FIRE CODE
TOXIC GASES
Compliance time table 9.12.141
Conflict with other laws 9.12.133
Containment 9.12.030
Definitions 9.12.013
Duties discretionary 9.12.132
Effective date 9.12.140
Emergency equipment 9.12.038
Emergency procedures
See also Emergency response plan
posting 9.12.039
Emergency response plan
See also Emergency procedures
hazazdous materials defined 9.12.043
~cu~~;oo i2-~~ 634
HAZARDOUS MATERIALS STORAGE
required, requirements 9.12.043
Exclusions 9.12.021
Existing storage facility requirements 9.12.032
Fences, locks required 9.12.037
Guidelines 9.12.131
Handling 9.12.036
Hazardous materials management plan
required 9.12.040
short form 9.12.042
standard form 9.12.041
Hearing
notices 9.12.111
rules 9.12.110
Inspection
by city 9.12.070
by permittee 9.12.071
special 9.12.072
substituted 9.12.073
Inventory statement
information required 9.12.051
public record 9.12.053
required 9.12.050
Liability disclaimer 9.12.130
Maintenance, repair, replacement of facilities
9.12.035
New storage facility requirements 9.12.031
Out-of-service storage facility requirements
9.12.033
Permit
additional approvals 9.12.085
appeal
disposition 9.12.095
hearing 9.12.094
time limit 9.12.093
application 9.12.081
approval 9.12.083
denial
authority 9.12.090
decision transmittal 9.12.092
grounds 9.12.091
determination 9.12.088
effective date, term 9.12.086
fees 9.12.089
investigation 9.12.082
issuance 9.12.084
renewal 9.12.087
required 9.12.012, 9.12.080
Professional assistance for city determinations
9.12.014
Purpose of provisions 9.12.010
Records maintenance 9.12.074
Regulated materials designated 9.12.020
Remedial action
authority after permit suspension, revocation,
expiration 9.12.106
decision transmittal 9.12.105
designated 9.12.104
grounds 9.12.100
hearing
notice 9.12.102
permit suspension prior to 9.12.103
noncompliance notice 9.12.101
return of permit 9.12.107
Safety, car generally 9.12.011
Unauthorized discharge
cleanup 9.12.061
indemnification 9.12.062
reporting 9.12.060
Underground tank 9.12.022
Violation
civil action for retaliation 9.12.122
civil penalty 9.12.121
criminal penalty 9.12.120
remedies not exclusive 9.12.123
HAZARDOUS WASTE FACILITY
Applicability of provisions 9.20.020
Application
compliance requirements 9.20.290
consistency requirements
general plan 9.20.060
overall continuity 9.20.220
generally 9.20.040
hearing 9.20.070
land use
See Land use application
notice on intent 9.20.050
requirements
closure plan 9.20.180
emergency plan 9.20.170
635 (Cupertino 12-96)
HAZARDOUS WASTE FACILITY
generally 9.20.140
health, safety assessment 9.20.150
hearing notification list 9.20.210
monitoring plan 9.20.190
risk assessment 9.20.160
siting criteria, proof of compliance 9.20.200
Definitions 9.20.030
Dispute resolution 9.20.260
Hearing
See also Land use application
notice 9.20.280
Land use application
appeal 9.20.130
decision 9.20.120
environmental assessment 9.20.100
hearing 9.20.110
local assessment committee review 9.20.090
required, fees 9.20.080
Local assessment committee
appointment 9.20.230
funding by applicant 9.20.250
powers, duties 9.20.240
termination 9.20.270
Permit use 9.20.300
Purpose of provisions 9.20.010
Violation, penalty 9.20.310
HEALTH OFFICER
Bingo permit applicant investigation 5.32.220
Restaurant
food, unwholesome, destruction authority
9.04.100
permit
denial 9.04.050
inspection, issuance 9.04.030
rules, regulations adoption 9.04.080
Sewer provisions enforcement 15.20.080
HEATING, COOLING CODE
See MECHANICAL CODE
HISTORIC BUILDING
Seismic safety
See UNREINFORCED MASONRY
BUILDINGS
HOME OCCUPATION
Business license
See also BUSINESS LICENSE
fee 5.04.380
HORSE
See ANIMAL
HOTEL
Business license tax rate 5.04.390
HOUSING ADVISORY, APPEALS BOARD
Created, appointment, powers, duties generally
16.56.020
HOUSING CODE
Adopted 16.56.010
Appeals 16.56.020
Violation, penalty 16.56.030
HOUSING COMMISSION
Chairperson, vice-chairperson, selection, term
2.86.050
Compensation 2.86.070
Effect of provisions 2.86.130
Established, composition 2.86.010
Meetings
See also Procedural rules
regulations generally 2.86.060
voting, requirements 2.86.080
Members
See also Specific Subject
selection, qualifications, residency 2.86.020
Power, duties, responsibilities generally 2.86.100
Procedural rules 2.86.120
Recordkeeping, requirements 2.86.090
Staff assistance 2.86.110
Term of office 2.86.030
Vacancy, filling 2.86.040
-I-
IMPROVEMENTS, STREET
See STREET IMPROVEMENT
(Cupertino 12-96) 636
INSPECTION
INSPECTION
Exemption from provisions 1.08.020
Notification of rights 1.08.030
Warrant required 1.08.010
-J-
JUNKYARD
Business license
See also BUSINESS LICENSE
fee 5.04.350
K
KENNEL
See ANIMAL
L
LAND DEVELOPMENT PLANNING
See also ZONING
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
Appeal 14.15.060
Applicability 14.15.030
Definitions 14.15.020
Design plan requirements, review
Exceptions, exemptions 14.15.040
Purpose, findings 14.15.010
Violation, penalty 14.15.070
LIBRARY COMMISSION
Compensation 2.68.050
Duties, powers, responsibilities 2.68.070
Effect 2.68.080
Established 2.68.010
Meetings, quorum 2.68.040
Records 2.68.060
Term of office 2.68.020
Vacancy, removal 2.68.030
LICENSE
See also PERMTT
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
- M -
MANAGER, CITY
14.15.050 Abandoned, inoperative vehicle
enforcement 11.04.040
removal authority 11.04.061
storage notice 11.04.130
Animal control
administrative authority 8.01.040
seizure hearing 8.06.040
637
(Cupertino ]2-96)
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 9.06.275
Definitions 9.06.020
Exemptions 9.06.030
Inspection 9.06.240
of premises 9.06.240
of records 9.06.245
License
application 9.06.050
denial grounds 9.06:070
fee 9.06.060
required 9.06.040
Massage therapist permit application
content 9.06.090
criteria 9.06.110
fee, renewal 9.06.100
Medical examination requirement 9.06.160
Nuisance 9.06.220
Off-site massage
permit
application 9.06.180
criteria 9.06.190
Permit display required 9.06.230
Purpose of provisions 9.06.010
Suspension, revocation
grounds 9.06.200
hearing 9.06.210
Unlawful when 9.06.080
Violation, penalty
continuing 9.06.270
generally 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
Appeals 16.24.060
Condensate wastes 16.24.030
(Cupertino 12-96) 638
MECHANICAL CODE
Hearings 16.24.040 - N -
Name substitution 16.24.020
Permit fees 16.24.070 NEWSPAPER
Violation, penalty 16.24.080 See ADVERTISEMENT
MINOR NEWS RACK
See BINGO Display prohibitions 10.21.070, 10.21.100
CURFEW Findings, purpose of provisions 10.21.010
Impoundment
MOBILE VENDORS See Removal permitted when
See VENDORS, MOBILE Permit
fee 10.21.030
MOSQUITOES required 10.21.020
Abatement Removal permitted when 10.21.120
by city when 9.16.080 Violation, penalty 10.21.080, 10.21.130
cost
See also Lien NOISE CONTROL
payment by owner 9.16.090 See also NOISE
notice Administration 10.48.020
contents 9.16.050 Animals, birds 10.48.061
when 9.16.040 Brief daytime incidents 10.48.050
Breeding places declared nuisance 9.16.020 City department duties 10.48.023
Enforcement authority 9.16.030 Definitions 10.48.010
Findings, intent 9.16.010 Deliveries, pickups, nighttime 10.48.062
Health officer defined 9.16.150 Disturbance prohibited 10.48.060
Hearing 9.16.060 Emergency exception 10.48.030
Lien Exceptions
exemption 9.16.140 appeal 10.48.032
foreclosure 9.16.120 emergency
generally 9.16.100 See Emergency exception
recordation, priority 9.16.110 special, granting 10.48.031
satisfaction from sale proceeds 9.16.130 Grading, construction, demolition 10.48.053
Recurrence of nuisance 9.16.070 Home maintenance activities 10.48.051
Maximum levels 10.48.040
MOTEL Motor vehicle
Business license faulty muffler system 10.48.056
See also BUSINESS LICENSE idling 10.48.055
fee 5.04.390 Multiple-family dwelling unit, interior noise
10.48.054
MOTOR COURT Multiple section applicability 10.48.013
Business license tax rate 5.04.390 Officer
See NOISE CONTROL OFFICER
MOVING BUII.DINGS Other remedies 10.48.014
See BUILDING Outdoor public events 10.48.055
Recreational vehicles 10.48.057
639 cc~~m~o 12-96)
NOISE CONTROL
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
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
Service of notice
See Hearing
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
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
(Cupertino 12-96) 64~
PARADES AND ATHLETIC EVENTS
revocation 10.44.150
suspension, emergency 10.44.160
Purpose of provisions 10.44.010
Route, site, cordoning 10.44.120
Violation, penalty 10.44.180
PARK AND RECREATION COMMISSION
See also DEPARTMENT ORGANIZATION
PARKS, CITY
Chairman 2.36.040
Effect of provisions 2.36.110
Established 2.36.010
Majority vote required when 2.36.060
Meetings 2.36.050
Members
terms 2.36.020
vacancy, removal 2.36.030
Powers, functions 2.36.080
Procedural rules 2.36.090
Record required 2.36.070
PARKING
Camp car, mobilehome, prohibited where
11.28.020
City property
definitions 11.31.010
parking defined 11.31.010
prohibited 11.31.020
unlawful 11.31.030
violation, penalty 11.31.040
Commercial vehicle weight limit 11.28.030
Construction, repair, greasing of vehicle, prohibited
where 11.28.040
Curb markings, signs
designated, meaning 11.24.040
obedience required 11.24.050
private street
See Private street
Definitions 11.24.030, 11.28.010
Diagonal
private street
See Private street
where 11.24.180
Display, servicing, repair prohibited, exception
11.24.140
Handicapped
marking 11.24.110
off-street, regulations generally 11.24.190
private street
See Private street
Impoundment when, authority 11.24.200
Loading zones
authority 11.24.080
marking 11.24.090
passenger, marking 11.24.100
private street
See Private street
On-site
application of provisions 11.29.020
definitions 11.29.030
purpose of provisions 11.29.010
rules, regulations generally 11.29.040
violation, penalty 11.29.050
Parkway, prohibited on 11.24.120
Permit
application 11.27.100
definitions 11.27.020
description 11.27.030
display 11.27.080
established 11.27.010
exceptions 11.27.090
hours 11.27.130
issuance
guest 11.27.060
resident 11.27.050
posting 11.27.040
replacement 11.27.120
restriction 11.27.070
revocation 11.27.140
validity 11.27.110
violation, penalty 11.27.150
zones designated 11.27.145
Private street
curb markings, signs, 11.26.040
definitions 11.26.030
diagonal 11.26.120
handicapped parking space 11.26.100
loading zone
establishment authority 11.26.070
marking 11.26.080
641 (Cupertino 12-96)
PARKING
passenger 11.26.090
pazking space
See also handicapped parking space
marking 11.26.060
prohibited where 11.26.110
purpose of provisions 11.26.010
removal of vehicle sign specification 11.26.140
scope 11.26.020
sign obedience required 11.26.050
violation, penalty 11.26.130
Prohibited
certain hours, where 11.24.160
private street
See Private street
street cleaning, repair 11.24.230
where 11.24.060, 11.24.150
Provisions effect limited 11.24.020
Sale of merchandise, prohibited where 11.28.050
Scope of provisions 11.24.010
Seventy-two hour limit 11.24.130
Space marking 11.24.070
Temporary permits 11.24.220
Time limits, where 11.24.170
Violation, penalty 11.24.210, 11.28.060
PARK AND RECREATION FACILITIES
ACQUISITION AND MAINTENANCE FUND
Created, purpose, use 14.05.100
PARKS, CITY
See also PARK AND RECREATION
COMMISSION
Acquisition, maintenance fees
amount, determination 14.05.070
appeals 14.05.090
applicability of provisions 14.05.020
conformance requirements 14.05.120
credits 14.05.050
definitions 14.05.010
determination 14.05.060
exceptions 14.05.080
pending building permit, provisions not
applicable when 14.05.125
purpose, intent of provisions 14.05.030
required when, requirements generally 14.05.040
review, purpose 14.05.110
use, restrictions 14.05.100
Administrative authority 13.04.220
Advertising, sale restrictions 13.04.180
Behavior in, requirements 13.04.130
Closing hours
prohibitions 13.04.190
vehicles towed when 13.04.191
Compliance required 13.04.030
Dedication
See SUBDIVISION
Definitions 13.04.020
Enforcement authority 13.04.230
Lost article report 13.04.210
Nature, rural preserve
designation 13.04.201
regulations generally 13.04.202
Permit
appeal 13.04.080
application 13.04.050
contents 13.04.060
fees, deposit 13.04.090
granting, denial 13.04.070
liability 13.04.100
required 13.04.040
revocation 13.04.110
Picnic azea, use restrictions 13.04.170
Property, use restrictions 13.04.120
Purpose 13.04.010
Sanitation requirements 13.04.140
Section closure when 13.04.200
Swimming restrictions 13.04.160
Vehicle requirements 13.04.150
Violation, penalty 13.04.240
PATIO SALE
See GARAGE, PATIO SALE
PEDESTRIANS
Administration 11.09.020
Adult school crossing guazds
obedience to, required 11.09.060
positioning 11.09.050
Defined 11.09.010
Violation, penalty 11.09.090
(Cupertino 12-96) 642,
PEDDLER
PEDDLER
Business license
See also BUSINESS LICENSE
fee 5.04.400
PENALTY
Code violation 1.12.010
Nuisance abatement 1.12.030
Separate offense 1.12.020
PERFORMANCE
Business license
See also BUSINESS LICENSE
fee 5.04.340
Taxicab
driver 5.28.160
operation 5.28.060
Temporary parking 11.24.220
Toxic gas storage, use 16.42.060
Trees
care 14.12.060
heritage tree removal 14.18.120
removal from street area 14.12.085
Watercourse, discharge into, NPDES permit
9.18.080
Water system connection 15.12.080
PERSONNEL
PERMTT
See also BUSINESS LICENSE
LICENSE
Advertisement, handbill distribution 10.52.030
Alcoholic beverages, gasoline concurrent sales
5.44.030
Animal
dangerous, vicious 8.08.085, 8.08.460
establishment 8.08.380
vicious
See dangerous, vicious
Bingo 5.32.190
Encroachment 14.08.030
Explosives 10.20.010
Firearm 10.76.010
Fire code, designated activities 16.40.030
Flood area development 16.48.020
Grading 16.08.030
Moving buildings 16.36.020
News rack 10.21.020
Off-street vehicle 11.10.011
Parade 10.44.030
Park, building 13.04.140
Parking
See PARKING
Private patrol 5.24.020
Reroofing 16.04.115
Restaurant, food establishment 9.04.020
Sign 17.12.020
Solicitor identification 5.20.030
Swimming pool 16.32.070
Accruals credits, retained 2.52.080
Authority
city manager 2.52.100
council 2.52.090
Child care expense reimbursement, granted
specified officers 2.72.010
City
rights 2.52.310
conflict of interest
See CONFLICT OF INTEREST
Communication with
See COMMUNICATION WITH CITY
OFFICIALS
Council, rights, powers 2.52.350
Definitions 2.52.290
Employee
organization
appropriate unit determination 2.52.470
formal recognition petition 2.52.450
representative determination 2.52.480
rights 2.52.300
Employer-employee relations 2.52.280
Employment continuation 2.52.490
Federal, state, city laws, authority 2.52.340
Grievance processing procedure 2.52.420
Impasse procedures 2.52.410
Jurisdiction A
classification plan
provisions included 2.52.160
purpose 2.52.140
scope of coverage; adoption 2.52.150
X43 (Cupertino 12-96)
PERSONNEL
pay plan 2.52.180
Jurisdiction B
provisions included 2.52.240
purpose 2.52.220
scope of coverage, adopted 2.52.230
Jurisdiction C
provisions included 2.52.270
purpose 2.52.250
scope of coverage, adopted 2.52.260
Jurisdictions
designated 2.52.040
exclusions 2.52.050
exemptions 2.52.060
Legislative intent 2.52.030
Meet and confer in good faith
advance notice required 2.52.440
exclusions 2.52.400
memorandum of understanding 2.52.430
scope 2.52.380
Municipal employee relations officer designated
2.52.320
Purpose 2.52.010
Repeal of prior provisions 2.52.070
Rules, regulations
adoption 2.52.330
adoption, effectiveness 2.52.130
scope, applicability 2.52.120
State law applicability 2.52.370
System adopted 2.52.020
Written agreements, effect 2.52.360
PET SHOP
See ANIMAL
PISTOL
See FIREARM
PLANNING COMMISSION
Chairman, election 2.32.040
Established 2.32.010
Fences, location, height determination
16.28.030
Flood area appeal duties 16.48.030
Meetings
amendments, records required 2.32.060
procedure 2.32.050
Member
term of office 2.32.020
vacancy, removal 2.32.030
Powers, functions 2.32.070
Procedural rules 2.32.090
Sign provision duties
permit
application review 17.12.060
review 17.12.030
sign modification 17.12.070
PLANNING DIRECTOR
Bingo permit applicant investigation 5.32.220
Flood area authority 16.48.021
PLUMBING CODE
Adopted 16.20.010
Amendments
generally 16.20.030
Section 609.3 16.20.050
Section 710.1 16.20.060
Section 719.7 16.20.070
Section 807.2 16.20.080
Appendix chapters adopted 16.20.090
Backwater valves 16.20.060
Cleanouts 16.20.070
Clothes dryer receptacles 16.20.040
Condensate disposals 16.20.080
Hearings 16.20.100
Name substitution 16.20.020
Slab floors, piping beneath 16.20.050
POLICE
See PRIVATE PATROL
SHERIFF
POLICE ALARM
See ALARM
POLLUTION
See WATERCOURSE POLLUTION
PREVENTION
(Cupertino 12-96) 644
PRELIMINARY SOIL REPORT
PRELIMINARY SOIL REPORT
See BUILDING
PRIVATE SCHOOL
Business license
See also BUSINESS LICENSE
fee 5.04.420
Work
additional, procedure when 3.23.160
deletion permitted when 3.23.170
PUBLIC WORKS DEPARTMENT
See DEPARTMENTAL ORGANIZATION
PUBLIC SAFETY COMMISSION
Compensation, expenses 2.60.050
Duties, responsibilities 2.60.070
Effect 2.60.080
Established 2.60.010
Meetings, quorum, officers, staff 2.60.040
Members
term of office 2.60.020
vacancy removal 2.60.030
Records required 2.60.060
PUBLIC WORKS CONTRACTS
Award, criteria
lowest bid rejection, effect 3.23.100
lowest responsible bidder 3.23.070
Bid
competitive, required when 3.23.030
defined 3.23.020
exempt activities designated 3.23.130
informal procedure when 3.23.120
invitation, notice, contents 3.23.040
opening, procedure 3.23.060
presentation, security, requirements 3.23.050
rejection, identical, absence, effect 3.23.110
Bond requirements 3.23.140
City defined 3.23.020
Defined 3.23.020
Definitions 3.23.020
Lowest responsible bidder
See also Award, criteria
defined 3.23.020
Proceeds, deposit, use 3.23.150
Purpose of provisions 3.23.010
Security
See also Bid
forfeiture when 3.23.080
PUBLIC WORKS DIltECTOR
Storm drainage service charge
collection duties 3.36.080
measurement, analysis methods report duties
3.36.060
premises inspection authority 3.36.190
PURCHASING
See also EQUIPMENT, SURPLUS, SALE
PUBLIC WORKS CONTRACTS
Administration, scope, authority 3.22.030
Contract
See also PUBLIC WORKS CONTRACTS
bid, award procedures 3.22.060
Definitions 3.22.020
Exemptions
See Public agencies, exemptions when
Funds availability required 3.22.050
Public agencies, exemptions when 3.22.070
Purchase order, request, petty cash required
3.22.040
Purpose of provisions 3.22.010
PURCHASING OFFICER
Contract award authority 3.22.060
Designated 3.22.020
Powers, duties generally 3.22.030
- Q -
QUARANTINE
See ANIMAL
R-
RECORDER, COUNTY
Documentary stamp tax administrator 3.04.090
645 (Cupertino 12-96)
REFUSE
REFUSE
See GARBAGE
RENTAL DISPUTE MEDIATION
Appeal 2.78.080
Enforcement 2.78.090
Purpose of provisions 2.78.010
Subpoena
application
contents 2.78.050
procedure 2.78.040
form, serving 2.78.060
issuance
authority 2.78.020
findings required 2.78.070
restrictions 2.78.030
RESOLUTION
See also ORDINANCE
Money payment, adoption 2.12.030
Official forms 2.12.070
RESTAURANT
Definitions 9.04.010
Food, unwholesome, destruction authority 9.04.100
Meat
inspection required 9.04.110
manufacturing requirements 9.04.120
Permit
application, issuance 9.04.030
denial 9.04.050
fee 9.04.040
nontransferable 9.04.070
required 9.04.020
revocation, suspension 9.04.060
Prima facie evidence 9.04.090
Rules, regulations 9.04.080
Smoking
See SMOKING
Violation, penalty 9.04.130
REST HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
RETAINING WALL
See EXCAVATION, GRADING, RETAINING
WALLS
RETIIZEMENT SYSTEM
See PERSONNEL
REVENUE
See TAX
RIGHT OF ENTRY
See INSPECTION
-S-
SALE OF SURPLUS SUPPLIES, EQUIPMENT
See EQUIPMENT, SURPLUS, SALE
SALES AND USE TAX
Administration, state contract 3.08.050
Collection, enjoining prohibited 3.08.160
Exemptions, exclusions 3.08.120
Operative date 3.08.030
Purpose 3.08.040
Rate 3.08.020
Sales
place, consummation. 3.08.070
tax, imposed 3.08.060
Short title 3.08.010
State code
additional permits not required 3.08.110
amendments, chapter applicability 3.08.150
limitations 3.08.100
provisions adopted 3.08.090
Use tax, imposed 3.08.080
Violation, penalty 3.08.170
SALESPERSON
Business license
See also BUSINESS LICENSE
fee 5.04.290
(Cupertino 12-96) 646
SAN JOSE WATERWORKS
SAN JOSE WATERWORKS
See FRANCHISE
SEASONAL LOT
Business license
See also BUSINESS LICENSE
fee 5.04.330
SECONDHAND DEALER
Applicability of provisions 5.40.010
Definitions 5.40.020
Inspection authority 5.40.030
SEISMIC SAFETY
See BUILDING
TOXIC GASES
UNREINFORCED MASONRY BUILDINGS
SEWER
See also SUBDIVISION
WATER
WATERCOURSE POLLUTION
PREVENTION
Appeal 15.20.100
City nonliability 15.20.070
Connection
exception to requirement 15.20.040
required 15.20.030
Definitions 15.20.020
Private system
permit, biannual renewal 15.20.060
requirements, standards generally 15.20.050
Provisions enforcement 15.20.080
Scope of provisions 15.20.010
Violation, penalty 15.20.090
SHEEP
See ANIMAL
SHERIFF
Bingo
inspection 5.32.180
permit applicant investigation
Private patrol
permit application approval 5.24.040
uniform, equipment approval, inspection
5.24.120
SHOPPING CENTER
See also TRESPASSING
Free speech activity restrictions 10.56.040
SIDEWALK
See STREETS AND SIDEWALKS
SIGN
Abandoned, discontinued sign 17.52.030
Appeal 17.52.090
Beverage container recycling sign 17.32.120
Changeable copy sign regulations 17.24.160
Compliance required 17.12.010
Construction, maintenance standards 17.24.250
Cost recovery 17.52.060
Definitions 17.08.010
Design criteria 17.24.180
Enforcement of provisions 17.52.010
Exception
appeal 17.44.080
application, fee 17.44.020
approval conditions 17.44.040
authority 17.44.010.
expiration 17.44.070
planning commission review
decision 17.44.050
generally 17.44.030
report to city council 17.44.090
revocation grounds, notice 17.44.060
Exempt sign, designated 17.16.010
Freeway oriented sign regulations 17.24.170
Ground sign regulations
content 17.24.130
gasoline service station provision 17.24.140
location 17.24.120
maximum number 17.24.100
size 17.24.110
Illegal sign
5.32.210 deemed nuisance 17.52.070
notice, removal 17.52.040
identification card issuance 5.24.130
storage 17.52.050
64~] (Cupertino 12-96)
SIGN
Inspection 17.12.100
Lighting restrictions 17.24.190
Modification 17.12.070
Nonconforming sign regulations 17.52.020
Obstruction prohibited 17.24.210
Permit
appeal, exception 17.12.090
application
approval, permit issuance 17.12.080
approval process 17.12.110
form, contents 17.12.040
new development, timing requirement
17.12.050
review criteria 17.12.060
planning commission review, required when
17.12.030
required 17.12.020
revocation
authority 17.12.120
grounds 17.12.130
hearing 17.12.140
Program
information requirements 17.24.030
required when 17.24.020
Prohibited, designated 17.20.010
Purpose of provisions 17.04.020
Readerboard sign, electronic 17.24.150
Regulations by district, on file 17.24.260
Removal
See Illegal sign, notice, removal
Residential district regulations
development identification sign 17.24.240
signs near district 17.24.220
street numbers, name plates 17.24.230
Scope of provisions 17.24.010
Special planning district regulations 17.24.040
Statuary 17.24.200
Temporary sign regulations
flag 17.32.020
garage sale 17.32.030
location 17.32.010
political sign 17.32.040
project announcement 17.32.050
real estate sign
generally 17.32.070
residential 17.32.060
special event sign, promotional device required
17.32.090
subdivision directional sign 17.32.080
summary of provisions 17.32.110
window sign 17.32.100
Title of provisions 17.04.010
Violation, penalty 17.52.080
Wall sign regulations
commercial, industrial districts 17.24.060
location 17.24.080
maximum number 17.24.050
office, institutional districts 17.24.070
window sign, permanent 17.24.090
SMALL-INCOME BUSINESS
Business license
See also BUSINESS LICENSE
fee 5.04.450
SMOKING
Compliance required 10.25.020
Definitions 10.25.030
Enforcement 10.25.080
Findings 10.25.010
Permitted where 10.25.050
Prohibited where 10.25.040
Property owner authority 10.25.110
Retaliation prohibited 10.25.060
Signs, notices, posting 10.25.070
Violation, penalty 10.25.090
SODA FOUNTAIN
See RESTAURANT
SOILS REPORT
See BUILDING
SUBDIVISION
SOLICITOR
Administrative authority 5.20.100
Business license
See also BUSINESS LICENSE
fee 5.04.290
Defined 5.20.010
(Cupertino 12-96) 648
SOLICITOR
Exemptions from provisions 5.20.015
Hours of operation 5.20.090
Identification permit
denial, appeal 5.20.050
display on demand 5.20.120
issuance 5.20.040
nontransferable 5.20.110
revocation
appeals 5.20.070
grounds 5.20.060
Posting of premises 5.20.140
Vehicle requirements 5.20.080
Violation, penalty 5.20.130
SPECIFIC PLAN
See LAND DEVELOPMENT PLANNING
SPORTING EVENT
Regulations, permit
See PARADES AND ATHLETIC EVENTS
Imposed, determination, applicability 3.36.030
Payment
See also Collection
Disputed charges
delinquency
See also due date
enforcement 3.36.200
penalty 3.36.140
due date 3.36.130
location 3.36.120
owner responsibility 3.36.110
Premises inspection, scope, authority 3.36.190
Purpose, limitations of provisions 3.36.010
Refunds, conditions 3.36.180
Revenues, use, limitations 3.36.170
Review
measurement, analysis methods report 3.36.060
procedure generally 3.36.050
Use
See Revenues, use, limitations
STORM DRAINAGE SERVICE CHARGE
Adjustments, conditions 3.36.160
Amount
See Imposed, determination, applicability
Applicability
See Exemptions
Imposed, determination, applicability
Collection
See also Disputed charges
Payment
balance, procedure 3.36.090
omitted charges 3.36.100
procedure, regulations generally 3.36.080
Definitions 3.36.020
Delinquent
See Payment
Disputed charges
See also Adjustments, conditions
procedure 3.36.150
Effective date 3.36.070
Exemptions 3.36.040
Fund
See STORM DRAINAGE SERVICE CHARGE
FUND
STORM DRAINAGE SERVICE CHARGE FUND
Created, purpose, use 3.36.170
STREET IMPROVEMENT
Agreement
deferred
See Deferred agreement
installation
See Installation agreement
reimbursement
See Reimbursement agreement
Appeals 14.04.240
Applicability of provisions 14.04.020
Chapter conformance required 14.04.250
Credit
prior improvements 14.04.150
purpose 14.04.100
Dedication
determination by class 14.04.140
requirements 14.04.130
time, purpose 14.04.050
Deferred agreement
See also In-lieu payment, deferred agreement
generally
649 (Cupenino 12-96)
STREET IMPROVEMENT
purpose 14.04.080
Exceptions 14.04.230
Fees 14.04.190
In-lieu payment
See also In-lieu payment, deferred agreement
generally
purpose 14.04.070
schedule 14.04.180
In-lieu payment, deferred agreement generally
14.04.060
Installation agreement, bond, other securities
14.04.170
Interim 14.04.090
Legal description required 14.04.220
Permit
preceding
conditions 14.04.160
purpose 14.04.110
Preceding permit
See Permit
Purpose, intent 14.04.030
Reimbursement agreement
funds disposition 14.04.176
required 14.04.175
Reimbursement chazges
applicability 18.56.010
charges additional 18.56.080
cost of land, interest 18.56.050
definitions 18.56.020
funds, disposition 18.56.060
land acquisition, cost, interest 18.56.070
purpose of provisions 18.56.010
reimbursement agreement
See also Reimbursement agreement
required 18.56.040
rules, regulations, establishment authority
18.56.090
Remedies cumulative 14.04.290
Requirements generally 14.04.040
Rules, regulations 14.04.120
Standard specifications 14.04.200
Street, highway width 14.04.210
Violation
nuisance 14.04.260
penalty 14.04.280
utility connection denial 14.04.270
STREETS AND SIDEWALKS
See also SUBDIVISION
Cleated vehicle operation, prohibitions 14.08.080
Depositing dirt, rocks prohibited 14.08.070
Encroachment
permit
applications, deposit 14.08.040
issuance 14.08.050
required 14.08.030
Obstruction
applicability 14.08.090
definitions 14.08.010
overhead, prohibited 14.08.020
violation, penalty 14.08.100
Street improvements
See STREET IIVIPROVEMENT
Trees
See TREES
Underground installations, specifications,
supervision 14.08.050
Underground utilities
See UNDERGROUND UTILITIES
SUBDIVISION
Access
direct access
See Street
requirements 18.32.120
Alley dedication
See Street
Amendment
See Map
Applicability of provisions 18.04.040
Attorney responsibilities 18.08.020
Certificate of correction
See Map
Citation 18.04.010
Compliance
certificate of compliance issuance 18.48.030
certificate of noncompliance issuance 18.48.040
required 18.48.010
(Cupertino 12-96) 650
SUBDIVISION
Construction improvements completion
See Improvement See Improvement
Council, city pazcel map requirements
See also COUNCIL, CTTY See Parcel map
responsibilities 18.08.030 tentative map requirements
Dedication See Tentative map
See Pazk land dedication, fee payment Four or fewer parcels
School improvements completion
Street See Improvement
Definitions 18.08.010 parcel map requirements
Design See Pazcel map
See also Specific Design Standard Frontage
generally 18.32.100 deferral agreement
Energy conservation 18.32.110 See Improvement
Engineer, city requirements 18.32.030
See also ENGINEER, CITY General plan, conformance required 18.04.030
responsibilities 18.08.040 Hillside subdivision
Final map applicability of provisions 18.52.080
See also Map common private driveway 18.52.070
approval lot design standazds 18.52.030
council authority 18.16.190 purpose of provisions 18.52.020
engineer, planning director authority requirements generally 18.52.010
18.16.180 street
contents 18.16.150 design standards 18.52.040
denial 18.16.200 improvements 18.52.060
document requirements 18.16.160 utility improvements 18.52.060
fees Improvement
See Map acceptance
filing 18.16.210 consideration 18.32.390
form 18.16.140 partial acceptance 18.32.410
generally 18.16.120 agreement approval
improvement agreement approval See Final map
See approval agreement requirements 18.32.220
multiple final maps submittal 18.16.220 completion
required when 18.12.020 five or more parcels 18.32.360
review by engineer 18.16.170 four or fewer parcels 18.32.370
soils report notice 18.32.400
See document requirements time extension 18.32.380
survey required 18.16.130 construction
Fire station reservation commencement, materials, methods
See Reservations 18.32.320
Five or more pazcels preconstnlction conference 18.32.340
final map requirements deferral agreement 18.32.080
See Final map deficiency list 18.32.350
65I (Cupertino 12-96)
SUBDIVISION
final inspection
See inspection
generally 18.32.020
inspection
final 18.32.350
generally 18.32.330
plans
See Improvement security
Improvement plans
approval 18.32.180
contents 18.32.150
form 18.32.140
preparation 18.32.130
review by engineer 18.32.170
revision
cost liability 18.32.210
engineer request 18.32.200
subdivider request 18.32.190
supplementary plans 18.32.160
Improvement security
amount 18.32.250
form 18.32.240
maintenance deposit 18.32.260
material, labor security release 18.32.300
performance security release 18.32.290
required 18.32.230
warrant security
release 18.32.310
requirements 18.32.270
Library reservation
See Reservations
Maintenance deposit
See Improvement security
Map
amendment
approval 18.44.030
fee 18.44.050
filing 18.44.040
permitted when 18.44.010
preparation 18.44.020
certificate of correction
See amendment
fees 18.12.040
final map
See Final map
parcel map
See Parcel map
required when
See Specific Map
generally, exceptions 18.12.010
tentative map
See Tentative map
tentative parcel map
See Tentative parcel map
vesting tentative map
See Vesting tentative map
Merger
hearing
conduct generally 18.40.010
de novo, on determination 18.40.050
notice
filing, effective date 18.40.020
to property owner, contents 18.40.030
previously merged parcels unaffected
18.40.060
required when 18.40.010
~cu~~;~o ~z-~> 652/654
SWIMMING POOL
Permit
application 16.32.071
fees 16.32.072
required 16.32.070
Purpose 16.32.010
Violation, penalty 16.32.080
SWINE
See ANIIvIAL
- T -
TAVERN
See RESTAURANT
TAX
See Specific Tax
TAX ADMII~TISTRATOR
Defined 3.12.020
Transient occupancy tax
records access 3.12.110
unreported, determination, notice of hearing
3.12.090
Faze schedule
adoption 5.28.030
posting 5.28.050
Liability policy
bond 5.28.150
cancellation, notice 5.28.140
required 5.28.120
requirements 5.28.130
Overchazge, restitution 5.28.210
Permit
application 5.28.070
denial 5.28.080
driver
See Driver permit.
for additional, substitute vehicles 5.28.110
required 5.28.060
revocation, suspension 5.28.100
term 5.28.090
Refusal of service prohibited 5.28.200
Taximeter
operation 5.28.040
required 5.28.020
Vehicle numbering 5.28.045
Violation, penalty 5.28.220
TAX COLLECTOR
Storm drainage service charge collection duties
3.36.080
TAXICAB
Administrative authority 5.28.015
Appeal 5.28.185
Business license
See also BUSINESS LICENSE
fee 5.04.430
Definitions 5.28.010
Direct route 5.28.190
Driver permit
application, issuance 5.28.165
denial 5.28.170
employment termination 5.28.175
required 5.28.160
suspension, revocation 5.28.180
TELECOMMUNICATIONS COMMISSION
Budget 2.74.070
Effect of provisions 2.74.080
Established 2.74.010
Meetings, staff, officers, quorum 2.74.040
Member
term 2.74.020
vacancy filling 2.74.030
Powers, duties 2.74.060
Recordkeeping 2.74.050
THEATER
Business license
See also BUSINESS LICENSE
fee 5.04.440
Smoking
See SMOKING
657 (Cupertino 12-96)
TOBACCO VENDING MACHINE
TOBACCO VENDING MACHINE
See CIGARETTE, TOBACCO VENDING
MACHINES
TOXIC GASES
See also FIRE CODE
Applicability, purpose, conflict of provisions
16.42.010, 16.42.030
Controls
Class I 16.42.220
Class II 16.42.230
Class III 16.42.240
classification 16.42.210
minimum threshold quantity 16.42.250
Definitions 16.42.020
Equilibrium vapor concentration (EVC) defined
16.42.020
Facility
See also Storage, use
closure 16.42.080
earthquake protection 16.42.090
emergency response plan 16.42.140
emergency response team
drills 16.42.160
required, composition, duties 16.42.150
maintenance, testing requirements 16.42.170
security 16.42.100
Regulated materials
classification 16.42.200
criteria 16.42.040
Severability of provisions 16.42.280
Storage, use
See also Facility
breathing appazatus 16.42.110
compliance plan, permit
required, fees, information required 16.42.060
time limits 16.42.070
exterior storage, tank requirements 16.42.260
fire protection requirements 16.42.190
flow restricting orifice requirements 16.42.180
leak testing, protective plugs, caps 16.42.130
prohibitions 16.42.050
separation of incompatible materials 16.42.120
tank cars 16.42.270
Violation, penalty 16.42.290
TRACTOR
Sales, repair, service, business license
See also BUSINESS LICENSE
fee 5.04.540
TRAFFIC
Cruising
definitions 11.30.010
exemptions 11.30.020
prohibited 11.30.030
violation, penalty 11.30.040
Curb opening closure
authority 11.36.030
hearing
appeal 11.36.060
authorized 11.36.050
notice contents 11.36.040
provisions nonexclusive 11.36.020
purpose, definitions 11.36.010
Diverters 14.04.125
Downtown azea
See Cruising
Driveway opening
See Curb opening closure
Engineer
See TRAFFIC ENGINEER
Intersections, blocking prohibited 11.24.240
Loading zones
See Pazking
Median closure
See Curb opening closure
Parking
See PARKING
Road bumps
administrative authority designated 11.34.020
defined 11.34.010
installation where, criteria 11.34.030
Road construction, traffic regulations 11.36.070
Speed bumps
See Road bumps
Speed limits
authority, declazation 11.12.020
established 11.12.030
purpose of provisions 11.12.010
signing 11.12.040
(Cupertino 12-96) 658
TRAFFIC
Stop intersection
all directional, designated, required action
11.20.030
designated, required action 11.20.020
purpose of provisions 11.20.010
signing 11.20.040
Stopping, standing
See PARKING
Truck routes
compliance required 11.32.030
established 11.32.020
pickups, deliveries, exceptions 11.32.070
truck defined 11.32.010
unrestricted highways designated 11.32.050
use regulations generally 11.32.060
vehicle types excepted 11.32.080
vehicle weighing authority 11.32.040
violation, penalty 11.32.090
TRAPS
See ANIMAL
TREASURER, CITY
Conflict of interest 2.64.020
Franchise pipeline inspection 6.04.050
Investment authority 2.24.050
Monthly statements required 2.24.030
Oath of office, bond 2.24.040
Payment, procedure 2.24.020
Responsibility for city moneys 2.24.010
TREASURER, COUNTY
Assessment collection responsibility 3.16.010
TREE
See STREETS AND SIDEWALKS
TREES
TRAFFIC ENGINEER
Bicycle lane sign erection 11.08.260
Parking
curb marking, sign authority 11.26.040
handicapped parking space approval 11.26.100
loading space establishment authority 11.26.070
space marking authority 11.26.060
TRANSIENT OCCUPANCY TAX
Collection action 3.12.130
Definitions 3.12.020
Exemptions 3.12.040
Failure to collect and report
appeal 3.12.100
determination 3.12.090
Imposition 3.12.030
Operator duty 3.12.050
Penalty, interest 3.12.080
Records retention, access 3.12.110
Refund condition 3.12.120
Registration 3.12.060
Reporting, remitting 3.12.070
Short title 3.12.010
Violation, penalty 3.12.140
TREES
Heritage and specimen tree protection
definitions 14.18.020
designation of trees 14.18.040
general policy of preservation 14.18.030
heritage tree list 14.18.050
identification tagging 14.18.080
plan of protection 14.18.060
protection during construction 14.18.190,
14.18.200
purpose of provisions 14.18.010
records 14.18.070
removal
appeals 14.18.110
application 14.18.090, 14.18.150
enforcement authority 14.18.130
exemptions 14.18.140
notice of decision 14.18.220
permit required 14.18.120
property owner notification 14.18.100
review 14.18.170, 14.18.180
violation, penalty 14.18.230
Street tree regulations
appeals 14.12.130
building permit requirements
condition of issuance 14.12.110
659 (Cupen;no 12-96)
TREES
fee 14.12.120
compliance required 14.12.035
definitions 14.12.020
destruction, damage prohibited 14.12.095
enforcement 14.12.030
maintenance by property owners 14.12.055
master tree list 14.12.040
nuisance conditions 14.12.100
permit for maintenance 14.12.060
planting specifications 14.12.050
purpose of provisions 14.12.010
removal
permit, notice 14.12.085
replacement 14.12.090
trimming business licensing 14.12.080
utility companies, permit to trim 14.12.070
violation, penalty 14.12.140
TRESPASSING
Shopping center
defined 10.56.010
enforcement powers not affected
exception 10.56.030
unlawful actions 10.56.020
violation, penalty 10.56.070
-U-
UNDERGROUND UTILITIES
Conversions
exception
administrative 14.24.060
generally 14.24.040
use permit 14.24.070
zones 14.24.050
intent 14.24.010
required 14.24.030
transition clause 14.24.080
UNREINFORCED MASONRY BUILDINGS
Compliance order 16.60.080
Definitions 16.60.020
Historic 16.60.030
Materials 16.60.050
Plans 16.60.060
Purpose, applicability of provisions, disclaimer,
alternate methods, materials 16.60.010
Roof diaphragm stiffness, out-of--plane stability
16.60.070
Seismic analysis 16.60.040
10.56.050 URINATION, DEFECATION
Definitions 10.30.010
Prohibited where 10.30.020
Violation, penalty 10.30.030
city responsibility 14.20.100
company responsibility 14.20.080
exceptions
designated 14.20.060
when 14.20.050
notice required 14.20.070
property owner responsibility 14.20.090
public hearing 14.20.020
time extension when 14.20.110
unlawful acts 14.20.040
violation, penalty 14.20.120
District designation 14.20.030
New developments
definitions 14.24.020
UTILITIES
See FRANCHISE
SEWER
UNDERGROUND UTILITIES
WATER
UTILITY USERS EXCISE TAX
Administration, scope, authority 3.34.100
Benefit declaration 3.34.150
Collection
debt to city, actions permitted 3.34.150
due date, delinquency, penalties 3.34.070
procedure generally 3.34.090
Conflicting provisions, resolution 3.34.200
Construance of provisions 3.34.210
Definitions, 3.34.010
Duration, term 3.34.160
Exemptions
designated 3.34.020
(Cupertino 12-96) 660
UTILITY USERS EXCISE TAX
partial, criteria 3.34.060
Grammatical interpretation of provisions 3.34.140
Imposed, rate, applicability
See also Exemptions
electricity users tax 3.34.040
gas users tax 3.34.050
telephone users tax 3.34.030
Payment
See also Collection
failure, assessment when, effect 3.34.110
Powers deemed additional 3.34.190
Proceeds, revenue measure, disposition 3.34.170
Purpose of provisions 3.34.005
Recordkeeping requirements 3.34.120
Refund, criteria, procedure 3.34.130
Tax
See also Specific Subject
administrator defined 3.34.020
Validity of proceedings, tax
actions, proceeding limitation 3.34.230
generally 3.34.220
- V -
VEHICLE
See also PARKING
TRAFFIC
Abandoned
abatement
authority 11.04.050
compliance time limit 11.04.091
cost recovery, generally 11.04.092
cost recovery, repeat violation 11.04.150
notice 11.04.060
definitions 11.04.011
disposition
final 11.04.140
notice 11.04.110
procedure 11.04.120
enforcement of provisions
hearing
procedure 11.04.090
when 11.04.070
nuisance 11.04.031
prohibitions
designated 11.04.019
exceptions 11.04.020
purpose of provisions 11.04.010
reconstruction 11.04.130
Animal transport in
See ANIMAL
Bicycle
See BICYCLE
Delivery, pickup, commercial establishment
See COMMERCIAL ESTABLISHMENT
Off-street
See OFF-STREET VEHICLES
Overweight, special permit
appeals 11.37.070
applicability 11.37.020
application
contents 11.37.030
fee 11.37.040
issuance 11.37.050
limitations, restrictions, imposition 11.37.060
purpose of provisions 11.37.010
Peddler, restrictions 5.20.120
Taxicab
See TAXICAB
VENDING MACHINE
Business license
See also BUSINESS LICENSE
fee 5.04.360
Permit
VENDORS, MOBILE
Exemptions 5.48.060
Location restrictions 5.48.050, 5.48.070
Operating regulations 5.48.080
application, issuance 5.48.030
fees 5.48.040
required 5.48.020
11.04.040 revocation, suspension 5.48.090
Purpose of provisions 5.48.010
Violation, penalty 5.48.100
661
(Cupertino 12-96)
WASTE
-W-
WASTE
See GARBAGE
WATERCOURSE POLLUTION
PREVENTION
WATCHMAN, NIGHT
See PRIVATE PATROL
WATER
See also FRANCHISE
SEWER
WATERCOURSE POLLUTION
PREVENTION
Appeals 15.12.100
Charge
billing, payment 15.12.010
payment responsibility, credit establishment,
temporary service 15.12.020
Conservation
definitions 15.32.020
emergency shutoff 15.32.050
findings 15.32.010
prohibited acts 15.32.030
violation, penalty 15.32.060
Cross-connection, backflow protection
connection requirements 15.30.050
definitions 15.30.010
inspection
initial 15.30.070
testing 15.30.040
noncompliance, service discontinuance
15.30.060
requirements 15.30.020
responsibility 15.30.030
standards 15.30.080
Definitions 15.04.010
Department established, manager duties 15.12.080
Free water
See Service
Notices 15.12.030
Provisions enforcement, violations, delinquencies,
disconnection 15.12.040
Rates
free service
See Service
general provisions 15.08.010
inside city limits
fire hydrant service, public 15.08.030
fire protection service, private 15.08.020
outside city limits 15.08.050
Separate premises, single control 15.08.060
Service
discontinuance, refusal 15.12.050
fire hydrant, public conditions
See also FIRE
RATES
fire protection, private, conditions, rates
See Rates
free service, water prohibited, exceptions
15.08.050
interruption, supply shortage 15.12.060
separate premises, single control
See Rates
territory description 15.04.020
System
connection, permit, application, main extensions,
meters 15.12.070
defined 15.04.010
Violation, penalty 15.12.110
WATERCOURSE POLLUTION PREVENTION
City defined 9.18.020
Definitions 9.18.020
Director of public works defined 9.18.020
Discharges
accidental discharge
notice, statement requirements 9.18.070
prevention, facilities, requirements 9.18.060
permitted, NPDES permit required 9.18.080
restrictions, prohibitions generally 9.18.040
storm drain
See also Specific Subject
connection required 9.18.030
violation
See also Violation
nuisance when 9.18.050
Illicit connection defined 9.18.020
(Cupertino 12-96) 662
WATERCOURSE POLLUTION PREVENTION
Nonpoint source pollution dischazge
See also Purpose of provisions
defined 9.18.020
NPDES permit
See also Dischazges
defined 9.18.020
Person defined 9.18.020
Purpose of provisions 9.18.010
Storm drain
defined 9.18.020
dischazge regulations
See Dischazges
Unpolluted water defined 9.18.020
Violation
See also Dischazges
663 (Cupertino 12-96)
ZONING
execution, recordation 19.116.340
findings of fact, intent of provisions
19.116.010
form 19.116.080
hearing
generally 19.116.200
irregularity in proceeding 19.116.210
hearing, city council
approval 19.116.150
consistency of agreement with city plans
required 19.116.160
generally 19.116.140
hearing, planning commission
recommendation 19.116.130
required 19.116.110
review standazd 19.116.120
judicial review 19.116.360
noncompliance 19.116.240
notice
failure to receive notice 19.116.190
generally 19.116.170
purpose 19.116.020
review
generally 19.116.220
reference 19.116.260
rules 19.116.300
separate procedure 19.116.310
time, means 19.116.180
Districts
applicability of provisions 19.12.060
designated 19.12.010
reference 19.12.020
Drinking establishment
CG zone 19.56.040
Drive-through facility
CG zone 19.56.040
Dry cleaning
ML zone 19.60.030
Duplicating service
ML zone 19.60.030
Entertainment establishment
CG zone 19.56.040
ML zone 19.60.040
Entitlement applications, combining 19.04.090
Equestrian center
FP zone 19.72.040
Expressway
T zone 19.64.060
Farm worker residence
A zone 19.16.030
A-1 zone 19.20.030
Feed
sale
A zone 19.16.050
ML zone 19.60.030
yard
A zone 19.16.050
Fertilizer yard
A zone 19.16.050
Financial institution
CG zone 19.56.030
Firearm practice range
FP zone 19.72.040
Food processing
CG zone 19.56.040
Food store, specialty
CG zone 19.56.030
FP zone
applicability of provisions 19.72.020
conditional uses 19.72.040
designated 19.12.010
development plan required 19.72.050
interpretation of provisions 19.72.090
performance standards 19.72.080
prohibited uses 19.72.070
purpose 19.72.010
subsidiary uses 19.72.060
zoning designations 19.72.030
Fraternal organization
CG zone 19.56.030, 19.56.040
Freeway
T zone 19.64.060
Fruit sale
A zone 19.16.040
A-1 zone 19.20.040
Fuel pump
ML zone 19.60.040
Fur farm
A-1 zone 19.20.050
669 (Cupertino ]2-96)
ZONING
Furniture sales, used
ML zone 19.60.030
Gallery
FP zone 19.72.040
Garden
OS zone 19.24.030
R-3 zone 19.36.030
General commercial zone
See CG zone
General office
CG zone 19.56.030
Go-cart track
FP zone 19.72.040
Golf course
BQ zone 19.64.050
FP zone 19.72.040
Gravel pit
A zone 19.16.040
A-1 zone 19.20.040
Greenhouse
A zone 19.16.030
A-1 zone 19.20.040
ML zone 19.60.030
Helicopter terminal
T zone 19.64.060
Hog farm
A zone 19.16.050
Homeless shelter, rotating
BQ zone 19.64.040
Home occupations
A zone 19.16.030
A-1 zone 19.20.030, 19.20.040
generally 19.92.050
nonconforming uses 19.92.070
prohibited uses 19.92.060
purpose 19.92.010
R-1 zone 19.28.030, 19.28.040
R-2 zone 19.32.030, 19.32.040
R-3 zone 19.36.030, 19.36.040
requirements generally 19.92.020
RHS zone 19.40.030, 19.40.040
RIC zone 19.44.040
standards
designated 19.92.030
interpretation of standazds 19.92.040
Horticulture
R-1 zone 19.28.030
R-3 zone 19.36.030
RHS zone 19.40.040
Hospital
BQ zone 19.64.050
Hotel
CG zone 19.56.040
Ice sales
ML zone 19.60.030
Industrial zone, light
See ML zone
Insurance agency
CG zone 19.56.030
Janitoral service
ML zone 19.60.030
Kennel
A zone 19.16.030
A-1 zone 19.20.040
Laboratory
ML zone 19.60.030
Lake
OS zone 19.24.040
Landscaping garden
A zone 19.16.030
A-1 zone 19.20.040
Late evening activities
CG zone 19.56.040
Laundry
CG zone 19.56.030
Liquor store
CG zone 19.56.040
Lodge
CG zone 19.56.030, 19.56.040
Lot regulations
A zone 19.16.060
R-1 zone 19.28.060
R-2 zone 19.32.060
Lumberyazd
ML zone 19.60.030
Machinery rental, sales
ML zone 19.60.030
Manufacturing
ML zone 19.60.030
(Cupertino 12-96) (']Q
ZONING
Public building zone
See BA zone
Purpose of provisions 19.04.010
Quarry
A-1 zone 19.20.040
A zone 19.16.040
Quasipublic building zone
See BQ zone
R-1 zone
applicability of provisions 19.28.020
conditional uses 19.28.040
designated 19.12.010
interpretation of provisions 19.28.090
lot 19.28.060
permitted uses 19.28.030
purpose 19.28.010
site development regulations 19.28.050
solar design 19.28.080
yard 19.28.070
R-2 zone
applicability of provisions 19.32.020
building coverage, setbacks 19.32.070
conditional uses 19.32.040
designated 19.12.010
height 19.32.050
]ot 19.32.060
permitted uses 19.32.030
purpose 19.32.010
yard 19.32.080
R-3 zone
applicability of provisions 19.36.010
conceptual development plan required
19.36.050
conditional uses 19.36.040
designated 19.12.010
parking 19.36.070
permitted uses 19.36.030
purpose 19.36.010
site development regulations 19.36.060
Racquet club
FP zone 19.72.040
Radioactive material manufacture
ML zone 19.60.040
Radio aerial
applicability of provisions 19.108.020
purpose 19.108.010
site development regulations 19.108.030
Radio station
ML zone 19.60.030
Radio tower
A-1 zone 19.20.040
A zone 19.16.040
Railroad
T zone 19.64.060
Ranch
A-1 zone 19.20.040
A zone 19.16.040
Real estate agency
CG zone 19.56.030
Recreation
OS zone 19.24.030
PR zone 19.68.030
RHS zone 19.40.040
Recycling area
applicability of provisions 19.81.030
definitions 19.81.020
maintenance, collection 19.81.050
purpose of provisions 19.81.010
site development requirements 19.81.040
violation, penalty 19.81.060
Recycling center
administration of provisions 19.82.070
compliance required, violation, penalty
19.82.020
definitions 19.82.030
permit
multiple sites 19.82.050
required 19.82.040
purpose of provisions 19.82.010
standards 19.82.060
Religious organization
BQ zone 19.64.050
Repair services
CG zone 19.56.030
ML zone 19.60.030
Research and development
ML zone 19.60.030
Research facility
OA zone 19.76.040
673 (Cupertino 12-96)
ZONING
Residential care facility
A-1 zone 19.20.030, 19.20.040
A zone 19.16.030, 19.16.040
BQ zone 19.64.050
off-street parking 19.100.020
R-1 zone 19.28.030, 19.28.040
R-2 zone 19.32.030, 19.32.040
R-3 zone 19.36.030, 19.36.040
RHS zone 19.40.030, 19.40.040
RIC zone 19.44.040, 19.44.050
Residential duplex zone
See R-2 zone
Residential hillside zone
See RHS zone
Residential single-family cluster zone
See RIC zone
Restaurant
CG zone 19.56.030
Retail store
CG zone 19.56.030
RHS zone
applicability of provisions 19.40.020, 19.40.145
building restrictions 19.40.060
conditional uses 19.40.040
designated 19.12.010
design standards 19.40.070
driveways, private roads 19.40.110
fencing 19.40.080
geologic, soil reports 19.40.100
interpretation of provisions 19.40.130
permitted uses 19.40.030
purpose 19.40.010
site development regulations
designated 19.40.050
exceptions, conditions, procedure 19.40.140
solar design 19.40.120
yard 19.40.090
RIC zone
applicability of provisions 19.44.020
chazacteristics 19.44.030
conditional uses 19.44.050
designated 19.12.010
development plan
modifications 19.44.080
standazds 19.44.070
permitted uses 19.44.040
purpose 19.44.010
waste development regulations 19.44.060
School
BQ zone 19.64.050
CG zone 19.56.040
Second dwelling unit
A-1 zone 19.84.020
applicability of provisions 19.84.020
architectural review 19.84.060
A zone 19.84.020
non-conforming, illegal second dwelling
units 19.84.070
occupancy 19.84.050
pazking 19.84.040
purpose 19.84.010
R-1 zone 19.28.040, 19.84.020
RHS zone 19.40.030
RHS zone 19.40.040, 19.84.020
site development regulations 19.84.030
Shed
A zone 19.16.030
Single-family dwelling unit
A-1 zone 19.20.030
A zone 19.16.030
PR zone 19.68.030
R-1 zone 19.28.030
RHS zone 19.40.030
RIC zone 19.44.040
Single-family residential zone
See R-1 zone
Site development regulations
accessory buildings, structures 19.80.030
A-1 zone 19.20.030
A zone 19.16.050
BA zone 19.64.090
BQ zone 19.64.090
CG zone 19.56.060
ML zone 19.60.070
OA zone 19.76.050
R-1 zone 19.28.050
R-3 zone 19.36.060
(Cupertino 12-96) 674