1996 MaySUPPLEMENT
INSERT'~~ION GUIDE
CUPERTINO MUNICIPAL CODE
Maur, 1996
(Covering Ordinances through 1724)
This supplement consists of reprin~:ed pages replacing existing pages in the
Cupertino Municipal Code.
Remove pages listed in the column )7~eaded "Remove Pages" and in their places
insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should be 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
17 ..................... 17
61-64/66........ .. 61-4/66
70-5- 70-8 ....... .. 70-5-70-8
73-79/85........ .. 73-78/86
97-98 .......... ... 97-98-1
123- 128 ........ . 123-128-1
143- 156 ........ 143-152/156
160-1 -160- 2 ..... 16 0-1-160- 2
210-9 ........... ...... 210-9
213- 218 ........ ... 213-218
221- 222 ........ ... 221-222
225- 242 ........ 225-237/241
313- 316 ........ ... 313-316
320-3 ........... ......320-3
Remove Pages Insert Pages
378-1-378-4a ... 378-1-378-4a
48990 ...........489-490
497-500 ......... 497-500-1
588-30a-588-32 ........... .
............ 588-31-588-32
TABLES
5 8 9-5 90 ........... 5 8 9-5 90
611-612 ........... 61112
614-9-614-10 ... 614-9~ 14-10
INDEX
61516 ........... 615-616
619-622 ........... 619-622
63334 ........... 633-634
636-1 X36-3 ..... 636-1-636-3
645-~i46 ........... 645-646
65 7-65 8 ........... 65 7-65 8
66566 ........... 66566
PRE)E~ ACE
The Cupertino Municipal Cocie, originally published by Book
Publishing Company in 1973, has been kept current by regular
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 numberin€; 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 .0:50, located in Chapter 17.12 of
Title 17. In most instances, sections are numbered by tens (.010,
.020, .030, etc.), leaving nine vacant positions between original
sections to accommodate future provisions. Similarly, chapters
and titles are numbered to provide for internal expansion.
In parentheses following each section is a legislative history
identifying the specific source;s for the provisions of that
section. This legislative history is complemented by an ordi-
nance disposition table, following the text of the code, listing by
number all ordinances, their subjects, and where they appear in
the codification.
Footnotes referring to applicable statutory provisions are
located throughout the text. .A subject-matter index, with
complete cross-referencing, locates specific code provisions by
individual section numbers.
This supplement brings the :ode up to date through Ordi-
nance 1724, passed April 1, 19S>6.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(Cupertino 5-96)
CHECKLIST
CUPERTINO MUNICIPAL CODE
This checklist is included to provide a positive means for ascertaining whether your code contains all
current pages. After insertion of the 5-96 supplement, 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 .......................... 1-95
24a-24b ........................ 1-95
25-52/5 8 ....................... 12-95
59-60 .......................... 3-89
61-63 .......................... 5-96
64/66 ........................... 5-96
67-70 ....................... (no date)
70-1-70-2 ...................... 12-95
70-3-70-4 ...................... 12-91
70-5-70-8 ....................... 5-96
70-9 ............................ 5-95
Title 3:
71 ............................ 12-95
73-77 .......................... 5-96
78/86 ........................... 5-96
87-88 ....................... (no date)
89-90/92 ....................... 12-95
93-94 .......................... 5-92
94-1-94-2 ....................... 5-92
94-3-94-4 ...................... 12-93
95-96 ....................... (no date)
97-98 .......................... 5-96
98-1 ............................ 5-96
99-100 ........................ 12-95
100-1-100-2 ..................... 2-93
100-2a .......................... 2-93
100-3-100-4 ..................... 5-92
Page Number Date
100-5-100-6 .................... 12-95
100-7-100-14 .................... 9-92
Title 4:
101 ......................... (no date)
Title 5:
103-106 ....................... 12-95
107-108 ........................ 2-93
109-110 ....................... 12-95
111-114 ........................ 2-93
115-117 ....................... 12-95
119-122 ........................ 1-90
123-128 ........................ 5-96
128-1 ........................... 5-96
129-135/ 141 .................... 12-95
142-1-142-2 ..................... 3-89
Title 6:
143-151 ........................ 5-96
152/156 ......................... 5-96
157-158 ....................... 10-93
1 S 9-160 ....................... 12-91
160-1-160- 2 ..................... 5 -96
161-165 ....................... 12-95
166/ 180 ........................ 12-95
Title 7:
181 ......................... (no date)
Title 8:
183-204 ............ ............. 5-94
204-1-204-3 ..................... 5 -94
Title 9:
205 ............................ 2-93
(Cupertino 5-%)
Page Number Date
207-208 ..................... (no date)
209-210 ..................... ... 3-96
210-1-210-7 .................. ... 3-96
210-9 ........................ ... 5-96
211-212 ..................... (no date)
213-218 ..................... ... 5-96
219-220 ..................... (no date)
221-222 ..................... ... 5-96
223-224 ..................... ... 3-87
225-236 ..................... ... 5-96
237/241 ...................... ... 5-96
242a-242c .................... ... 2-93
242-1-242-9 .................. ... 9-91
Title 10:
243-244 ........................ 1-95
245-246 ..................... (no date)
247-249 ..................... ... 1-95
251-25 3 ..................... .. 12-94
255-256 ..................... (no date)
257-258 ..................... ... 1-91
25 8-1 ........................ ... 9-92
259-260 ..................... .. 10-90
261-264 ..................... ... 4-94
264-1-264-3 .................. ... 4-94
265-268 ..................... (no date)
269-270 ..................... .. 11-86
271-272 ..................... ... 9-92
273-274 ..................... (no date)
275-276 ..................... ... 3-87
277-278 ..................... .. 12-94
27 8-1-278-2 .................. ... 1-95
278-2a-278-2c ................. ... 1-95
278-3-278-4 .................. .. 12-94
279-281 ..................... (no date)
Title 11:
283 ............................ 9-92
2 85-290 ........................ 5 -95
291-294 ........................ 8-94
295-296 ........................ 2-91
296-1 .......................... 12-87
297/299 ........................ 11-86
Page Number Date
301-304 ....................... 12-95
305-306 ..................... (no date)
307-308 ....................... 12-95
308-1 .......................... 12-95
309-310 ....................... 12-87
310-1 .......................... 12-87
311-312 ........................ 3-87
313-316 ........................ 5-96
317-318 ........................ 2-93
318-1 ........................... 8-94
319-320 ........................ 5-92
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
325-330 ....................... 11-86
331-332 ..................... (no date)
333-334 ....................... 11-86
3 34-1-334- 3 ..................... 8 - 94
335-338 ..................... (no date)
339-340 ........................ 3-88
340-1 ........................... 3-88
341-342 ....................... 12-87
342-1-342-2 .................... 10-93
342-3-342-4a .................... 8-94
342-5-342-7 ..................... 9-92
Title 12:
343 ......................... (no date)
Title 13:
345-354 ..................... (no date)
Title 14:
355 ............................ 7-93
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
(Cupertino 5-%) 11
Page Number Date
363-366 ........................ 8-94
366-1-366-2 ..................... 8-94
367-368 ..................... (no date)
368-1-368-4 ..................... 3-89
369-376 ..................... (no date)
376-1-376-2 ..................... 7-93
376-3-376-6 ..................... 4-94
377-378 ..................... (no date)
378-1-378-4 ..................... 5-96
378-4a .......................... 5-96
378-5-378-6 ..................... 2-92
379-382 ..................... (no date)
383-385 ........................ 8-94
Title 15:
387 ............................ 4-90
389-392 ........................ 3-87
393-398 ........................ 2-93
399/401 ......................... 2-93
403-411 ..................... (no date)
412-1-~ 12-2 .................... 10-93
Title 16:
413 ........................... 10-90
415-418 ..................... ... 3-96
418-1 ~ 18-3 .................. ... 3-96
41934 ..................... (no date)
435-436 ..................... ... 2-93
43744 ..................... ... 3-96
445146 ..................... ... 4-94
446-1 ........................ ... 4-94
447-~56 ..................... .. 10-93
457-~58 ..................... (no date)
459-464 ..................... ... 3-96
464-1-464-2 .................. ... 3-96
464-2a~64-2m ................ ... 3-96
464-3-X64-14 ................. .. 10-90
465-~72 ..................... (no date)
47374 ..................... ... 3-88
474-1 X74-2 .................. ... 3-88
475-480 ..................... ... 3-88
480-1 X80-2 .................. ... 3-96
480-380-19 ................. .. 10-90
Page Number Date
Title 17:
481-488 ....................... 10-93
489-490 ........................ 5-96
491-492 ....................... 10-93
493- 94 ....................... 12-94
494-1 .......................... 12-94
49596 .........:............. 10-93
497-500 ........................ 5-96
500-1 ........................... 5 -96
501-504 ....................... 12-94
505 ........................... 10-93
506/516 ........................ 10-93
Title 18:
517-568 ....................... 12-95
568-1-568-6 .................... 12-95
Title 19:
569-570 ........................ 5-95
571-572 ....................... 12-94
573-574 ........................ 2-93
575-576 ........................ 7-95
576-1 ........................... 7-95
577-578 ....................... 12-94
579-580 ....................... 12-93
581-582 ........................ 4-94
583-586 ........................ 7-95
5 86-1 ........................... 7-95
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 88-11-588-12 ................... 4-94
5 88-13-588-14 ................... 7-95
588-14a-588-14c .................. 7-95
5 88-15-5 88-16 ................... 2-93
588-17-588-22 .................. 12-95
588-22.1-588-22.2 ................ 12-95
588-22a-588-22b ................. 12-93
588-23-588-24 ................... 7-95
588-24a-588-24b .................. 7-95
ii:~ cc~,~no s-~>
Page Number Date
588-25- 588-26 .................. 12-93
588-27- 588-28 ................... 494
588-29- 588-30 .................. 12-94
588-31- 588-32 ................... 5-96
588-33-588-34 ................... 2-93
588-35- 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 ................... 494
588-52a -588-52b .................. 1-95
588-52c -588-52k .................. 5-95
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
588-75- 588-90 ................... 2-93
5 8 8-91- 5 8 8-92 .................. 12-94
588-93- 588-94 ................... 494
588-95- 588-99 .................. 12-93
Title 20:
588-101-588-106 ................. 12-94
Tables:
589-590 ........................ 5-96
5 91-5 9 2 ....................... 12 -95
5 93-5 94 ........................ 2-93
595-597 ....................... 12-95
599-606 ........................ 3-96
607-b08 ....................... 12-95
609 10 ........................ 3-96
61112 ........................ 5-96
613- 14 ........................ 3-96
614-1-614-8 ..................... 3-96
614-9-614-10 .................... 5-96
Page Number Date
Index:
615-616 ........................ 5-96
617-618 ....................... 12-95
619-622 ........................ 5-96
623-624 ....................... 12-95
625-628 ........................ 3-96
629/631 ......................... 3-96
633-634 ........................ 5-96
635-636 ....................... 12-95
636-1-636-3 ..................... 5-96
637-638 ........................ 3-96
638-1 ....:...................... 1-95
639-640 ....................... 12-95
641-642 ........................ 2-93
643--~44 ........................ 3-96
644-1 ........................... 3-96
645-646 ........................ 5 -96
647 ........................... 12-95
649-650 ....................... 12-94
651 ~5 6 ....................... 12-95
657-658 ........................ 5-96
65960 ........................ 2-93
661-662 ....................... 12-95
663-664 ........................ 5-95
665-666 ........................ 5-96
667-668 ........................ 7-95
669-670 ....................... 12-95
670-1 .......................... 12-94
671-672 ........................ 4-94
673-674 ....................... 12-95
674-1 ........................... 7-95
675 ........................... 12-93
(Cupcruno 5-%) 1V
Title 2
ADMINISTRATION AND PERSONNEL
Chapters:
2.04 City Council-Election and Meetings (Time and
Place)
2.08 City Council-Rules and Conduct of Meetings
2.12 Introduction and P;~ssage of Ordinances
2.16 City Council--Salaries
2.18 City Attorney
2.20 City Clerk
2.24 City Treasurer
2.28 City Manager
2.30 Code Enforcement Officer
2.32 Planning Commission
2.36 Park and Recreation Commission
2.40 Disaster Council
2.48 Departmental Organization
2.52 Personnel Code
2.60 Public Safety Commission
2.64 (Reserved)
2.68 Library Commission
2.74 Cupertino Telecommunications Commission
2.78 Landlord-Tenant Mediation-Issuance of
Subpoenas
2.80 Fine Arts Commission
2.84 Environmental Review Committee
2.86 Housing Committee
2.88 Audit Committee
17 cc~a~;oo s-~~
2.68.060
determinations and transactions of the Commission,
which records shall be a public record, and a copy
of which shall be filed with the City Clerk. (Ord.
679 (part), 1975)
2.68.070 Duties-Powers-Responsibilities.
The Library Commission shall have the following
duties, powers and responsibilities, and such other
as they may be entrusted with by the City Council
from time to time:
A. Consult with the City Council, the City staff
and the Santa Clara County Library Joint Powers
Authority and staff regarding the functioning of the
physical facilities of the Cupertino Library and shall
make recommendations from time to time for im-
provement or modification thereof;
B. Consult with the City Council, the City staff
and the Santa Clara County Library Joint Powers
Authority and staff regarding the Cupertino Library
programs and services to the community and shall
make recommendations from time to time for im-
provements or modifications thereof;
C. Consult with and act as liaison with private
community groups supportive of the library pro-
gram;
D. Consult with the architect and the City Coun-
cil in the planning of any main or branch library
building facilities, including locations, building
layout, architecture, landscaping and furnishings;
E. Hold hearings, formulate policies and make
rules and procedures with respect to the foregoing
for approval by the City Council;
F. Perform such other tasks as may be expressly
requested of it by the City Council. (Ord. 1697
(part), 1995; Ord. 679 (part), 1975)
2.68.080 Effect.
Nothing in this chapter shall be construed as
restricting or curtailing any of the powers of the
City Council or City officers, or the delegation to
the Library Commission of any authority or discre-
tionary powers imposed by law in such council or
officers. The City Council declares that the public
interest, convenience, welfare and necessity require
the appointment of a Library Commission to act in
a purely advisory capacity to such Council, for the
purpose enumerated in this chapter. (Ord. 679 (part),
1975)
61 cc~~~oo s-~>
2.74.010
Chapter 2.74
CUPERTINO TELECOMMUNICATIONS
COMMISSION*
Sections:
2.74.010 Established.
2.74.020 Term of office.
2.74.030 Vacancy-Removal.
2.74.040 Meeting-Quorum-Officers-
Staff.
2.74.050 Records.
2.74.060 Duties, powers and
responsibilities.
2.74.070 Budget.
2.74.080 Effect.
* Prior ordinance history: Ords. 1099,1166, 1167, 1233, 1280,1321,
1465 and 1697.
2.74.010 Established.
The Telecommunications Commission (formerly
Cable Television Advisory Committee of the City)
is established and shall consist of five members
from among the qualified electors of the City, none
of whom shall be officials or employees of the City,
nor cohabit with, as defined by law, nor be related
by blood or marriage to any member of the Com-
mission, the City Manager or the staff person(s)
assigned to this Commission. Members of the Tele-
communications Commission shall be appointed by
the City Council. (Ord. 1722 (part), 1996: Ord. 1714
(part), 1996)
2.74.020 Term of office.
A. Commissioners serve at the pleasure of the
City Council. The term of office of the members of
the Telecommunications Commission shall be for
four years and shall end on January 15th of the year
their term is due to expire. No commissioner shall
serve more than two consecutive terms except that
a commissioner may serve more than two consecu-
tive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than
two years.
B. The appointment, reappointment and rules
governing incumbent members of the Commission
are governed by Resolution No. 7571 of the Cuper-
tino City Council. (Ord. 1722 (part), 1996; Ord.
1714 (part), 1996)
2.74.030 Vacancy-Removal.
Any member may be removed by a majority vote
of the City Council. If a vacancy occurs other than
by expiration of a term vacancies shall be filled by
appointment of the City Council and shall be for the
unexpired portion of the term of office vacated.
(Ord. 1714 (part), 1996)
2.74.040 Meeting-Quorum-Officers-
Staff.
A. The Telecommunications Commission shall
hold regulaz meetings at least once every three
months and at the discretion of the Commission
shall hold other meetings as may be necessary or
expedient. A majority of the Commission shall
constitute a quorum for the purpose of transacting
the business of the Commission.
B. The Commission shall elect a chairperson and
a vice chairperson, both of whom shall serve at the
pleasure of the Commission. The terms of office
shall be for one yeaz.
C. The City Manager shall appoint a staff mem-
ber to attend Commission meetings and to provide
liaison and support as needed.
D. The Foothill-De Anza Community College
District shall appoint a staff member to attend Com-
mission meetings and to provide liaison and support
as needed. (Ord. 1722 (part), 1996: Ord. 1714 (part),
1996)
2.74.050 Records.
The Telecommunications Commission shall keep
an accurate record of its proceedings and transac-
tions, and through the Public Information Officer
shall render such reports to the City Council as may
be required. Commission proceedings shall be public
record and a copy of which shall be filed with the
City Clerk. (Ord. 1722 (part), 1996: Ord. 1714
(part), 1996)
cc~,~oo s-96> 62
2.74.060
2.74.060 Duties, powers and
responsibilities.
The Cupertino Telecommunications Commission
shall have the following duties, powers and respon-
sibilities, and such others as the members shall be
entrusted with by the City Council from time to
time. The commission shall:
1. Advise the City Council on all matters relat-
ing to telecommunications within the city of Cuper-
tino;
2. Evaluate compliance with any franchise or
other agreement between the City and a telecommu-
nicationsprovider and make recommendations tothe
City Council;
3. Conduct periodic reviews of telecommunica-
tion providers, facilities and products and make
recommendations on such subjects to the City Coun-
cil;
4. Recommend amendments to the City's tele-
communications policy of the City Council;
5. Serve as a liaison between the City, the pub-
lic and the telecommunications providers in enhanc-
ing information and education. Such activities in-
clude providing an opportunity for input to residents
and telecommunications providers and distributing
noncommercial, educational materials about tele-
communication services;
6. At the request of the City Manager, provide
assistance in examining methods to obtain equiva-
lent franchise fees or other economic benefits from
service providers;
7. Provide support for community access televi-
sion, especially public and educational access, and
give guidance when needed for development and
implementation of access channels and program-
ming;
8. Recommend ways to foster the City's best
use of telecommunications infrastructure for the
benefit of the community. (Ord. 1722 (part), 1996:
Ord. 1714 (part), 1996)
2.74.070 Budget.
The Telecommunications Commission shall sub-
mit anannual budget to the City Council for its
review and approval. All expenditures require the
approval of the City Manager or his designee. Any
grants for program production or other purposes
require the approval of the City Council. (Ord. 1722
(part), 1996: Ord. 1714 (part), 1996)
2.74.080 Effect.
Nothing in this chapter shall be construed as
restricting or curtailing any of the powers of the
City Council or City officers or the delegation to the
Telecommunications Commission of any authority
or discretionary powers empowered by law on such
Council or officers. (Ord. 1722 (part), 1996; Ord.
1714 (part), 1996)
63 cc~~oo s-~>
2.78.010
Chapter 2.78
LANDLORD-TENANT MEDIATION-
ISSUANCE OF SUBPOENAS
Sections:
2.78.010 Purpose.
2.78.020 Authority to issue subpoenas.
2.78.030 Limitations on authority.
2.78.040 Application procedure.
2.78.050 Application contents.
2.78.060 Form of subpoena~Service of
process.
2.78.070 Findings.
2.78.080 Appeal to City Council.
2.78.090 Enforcement.
2.78.010 Purpose.
The City sponsors alandlord-tenant mediation
program designed to provide a mechanism to re-
solve disputes between landlords and tenants in the
rental of residential property. The purpose of this
chapter is to establish a procedure for the issuance
of subpoenas to compel the attendance of relevant
parties before a mediator assigned pursuant to that
program. It is the intent of the City that to the great-
estdegree possible the mediation process be entirely
voluntary. The use of the subpoena power estab-
lished hereunder should be limited and should be
exercised only in those cases where the findings set
forth in this chapter are made. Nothing contained in
this chapter shall be deemed to limit or supersede
any authority otherwise vested in the City Council
or other City officer. (Ord. 1306 § 1 (part), 1985)
2.78.020 Authority to issue subpoenas.
Pursuant to the provisions of this chapter, the
City Attorney is authorized to issue subpoenas to
compel relevant parties to a rental dispute which is
the subject of a request for mediation pursuant to
the City's landlord-tenant mediation program to
appear before the mediator assigned and to compel
the production of testimony before the mediator. To
the extent required by law, such mediators shall be
authorized to administer oaths and receive testimo-
ny. The authority granted to the City Attorney here-
under shall not be delegated to any other person. A
subpoena may only be issued upon application
therefor made pursuant to this chapter. (Ord. 1306
§ 1 (part), 1985)
2.78.030 Limitations on authority.
A. An application for a subpoena may be made
only by a party to a rental dispute who has made a
request for mediation of the dispute pursuant to the
City's landlord-tenant mediation program.
B. Subpoenas may be issued hereunder only to
compel the attendance of a relevant party directly
related to the dispute which is the subject of the
request for mediation. Subpoenas may not be issued
to compel the attendance of third parties not directly
related to the dispute. For purposes of this subsec-
tion, arelevant party directly related to a dispute
includes the occupant, tenant, owner or manager of
the premises which is the subject of the dispute, or
any agent, representative or contractor of such paz-
ties.
C. Subpoenas may be issued pursuant to this
chapter only to compel the attendance of parties
before the mediator. Subpoenas duces tecum requir-
ing the production of records or other things aze not
authorized pursuant to this chapter.
D. No subpoena shall be issued pursuant to this
chapter unless a request for mediation has been
made pursuant to the City's landlord-tenant media-
tion program, the person to whom the requested
subpoena is directed has been advised of the request
for mediation and has either expressly declined to
appear for such mediation or has failed to appear at
a scheduled mediation session.
E. Subpoenas issued pursuant to this chapter
may compel attendance of the person subpoenaed
only at Cupertino City Hall, 10300 Torre Avenue,
Cupertino, California, or at the offices of the media-
tion service designated by the
ccu~~;oo s-~~ 64/66
2.86.010
Chapter 2.86
HOUSING COMMITTEE*
Sections:
2.86.010 Established-Composition.
2.86.020 Members-Residency-
Selection.
2.86.030 Terms of office.
2.86.040 Members-Vacancy prior to
expiration of a term.
2.86.050 Chairperson.
2.86.060 Meetings.
2.86.070 Compensation-Expenses.
2.86.080 Majority vote required.
2.86.090 Records.
2.86.100 Duties-Powers-
Responsibilities.
2.86.110 City staff assistance.
2.86.120 Procedural rules.
2.86.130 Effect.
• Editor's note: The title of this chapter was amended form Afford-
able Housing Committee by Ord. 1722.
2.86.010 Established-Composition.
A. The Housing committee of the City is estab-
lished. The Housing Committee shall consist of five
members as follows:
1. Representative from a Cupertino financial
institution,
2. Representative from a Cupertino business,
3. Two community members,
4. City's appointed representative to the Santa
Clara County Community Development Block Grant
(CDBG) Citizens Advisory Committee.
B. The representatives from a financial institu-
tion and a business, the community members, and
the City's representative to the County CDBG Citi-
zens Advisory Committee shall not be officials or
employees of the City, nor cohabit with, as defined
by law, nor be related by blood or marriage, to any
member of the Committee, the City Manager or the
staff person(s) assigned to this Committee.
C. The Director of Community Development
shall be a nonvoting member of the Housing Com-
mittee and shall provide.technical assistance to the
Committee. (Ord. 1722 (part), 1996: Ord. 1641 § 1
(part), 1994: Ord. 1576 § 1 (part), 1992)
2.86.020 Members-Residency election.
A. Housing Committee members who aze repre-
sentatives of a financial institution or a business are
not required to be Cupertino residents, but the finan-
cial institution and the business represented must be
located in Cupertino. The two community members
and the City's appointed representative to the Santa
Clara County CDBG Citizens Advisory Committee
must be residents of Cupertino.
B. In selection of community members, the City
Council may give priority to:
1. Applicants who are familiar with the opera-
tion of low income housing;
2. Applicants who represent community organi-
zations; and
3. Applicants who are knowledgeable about the
housing needs of groups targeted for affordable
housing development which include, but aze not
limited to, the following:
1. Seniors,
2. Single parent families,
3. Homeless persons,
4. Families of low income,
5. Disabled persons,
6. Renters,
7. First time homebuyers. (Ord. 1722 (part),
1996: Ord. 1641 § 1 (part), 1994: Ord. 1576 § 1
(part), 1992)
2.86.030 Terms of office.
A. Housing committee members serve at the
pleasure of the City Council. The term of office of
the members of the Housing Committee shall be for
four years commencing on the date of their respec-
tive appointments to the Housing Committee or its
predecessor Committee and shall end on January
15th of the year their terms aze due to expire. No
member shall serve more than two consecutive
terms except that a member may serve more than
70-5 (Cupertino 5-96)
2.86.030
two consecutive terms if he or she has been appoint-
ed to the Committee to fill an unexpired term of less
than two yeazs.
B. The appointment, reappointment and rules
governing incumbent members of the Housing Com-
mittee are governed by Resolution No. 8357 of the
Cupertino City Council. (Ord. 1722 (part), 1996:
Ord. 1641 § 1 (part), 1994: Ord. 1576 § 1 (part),
1992)
2.86.040 Members-Vacancy prior to
expiration of a term.
If a vacancy occurs other than by expiration of
a term, it shall be filled by the City Council's ap-
pointment for the unexpired portion of the term.
(Ord. 1641 § 1 (part), 1994: Ord. 1576 § 1 (part),
1992)
2.86.050 Chairperson.
The Chairperson and Vice Chairperson shall be
elected from among Committee members. Terms
shall be for one year and shall begin on January
15th. (Ord. 1641 § 1 (part), 1994: Ord. 1576 § 1
(part), 1992)
2.86.060 Meetings.
A. The Housing Committee shall establish a
regular time and place of meeting and rules of con-
ductthereof and shall hold at least one regular meet-
ing each quarter.
B. A majority of the Housing Committee shall
constitute a quorum for the purpose of transacting
the business of the Committee. (Ord. 1722 (part),
1996: Ord. 1697 (part), 1995; Ord. 1641 § 1 (part),
1994: Ord. 1576 § 1 (part), 1992)
2.86.070 Compensation-Expenses.
Members shall serve on the Housing Committee
without compensation. (Ord. 1722 (part), 1996: Ord.
1697 (part), 1995: Ord. 1641 § 1 (part), 1994: Ord.
1576 § 1 (part), 1992)
2.86.080 Majority vote required.
A majority vote of the quorum is required to
approve a recommendation on any matter that is
presented to the Committee which requires a vote. .
(Ord. 1641 § 1 (part), 1994: Ord. 1576 § 1 (part),
1992)
2.86.090 Records.
The Committee shall keep an accurate record of
its proceedings and transactions and shall render
such reports to the City Council and Planning Com-
mission as may be required. (Ord. 1641 § 1 (part),
1994: Ord. 1576 § 1 (part), 1992)
2.86.100 Duties-Powers-Responsibilities.
The powers and functions of the Housing Com-
mittee shall be as follows:
A. To assist the Planning Commission and the
City Council in developing housing policies and
strategies for implementation of general plan hous-
ing element goals;
B. To recommend policies for implementation
and monitoring of affordable housing projects;
C. To facilitate innovative approaches to afford-
able housing development and to generate ideas and
interest in pursuing a variety of housing options;
D. When requested by the Director of Communi-
ty Development or the City Council, to make rec-
ommendations to the Planning Commission and the
City Council regazding affordable housing proposals
in connection with applications for development
including, but not limited to, recommendations for
possible fee waivers, other incentives, the number
and type of affordable units and the tazget groups to
be served. Any referral to the Housing Committee
shall be limited to consideration of affordable hous-
ingproposals which exceed normal housing require-
ments under the applicable provisions of the City's
general plan or ordinances related thereto;
E. To make recommendations regarding requests
for money from the Affordable Housing Fund;
F. To provide information about affordable
housing;
G. To meet with neighborhood, community,
regional and business groups as necessary to receive
input and assist in generating affordable housing;
cc~aro~o s-~~ 70-6
2.86.100
H. To help identify sources of funds to develop
and build affordable housing;
I. To perform any other advisory functions
authorized by the City Council. (Ord. 1722 (part),
1996: Ord. 1641 § 1 (part), 1994: Ord. 1576 § 1
(part), 1992)
2.86.110 City staff assistance.
The Housing Committee shall have available to
it such assistance of City staff as may be required
to perform its functions, the staff assignments and
administrative procedures to be under the general
direction and supervision of the Director of Commu-
nity Development. (Ord. 1722 (part), 1996: Ord.
1641 § 1 (part), 1994: Ord. 1576 § 1 (part), 1992)
2.86.120 Procedural rules.
The Housing Committee may adopt from time to
time such rules of procedure as it may deem neces-
sary to properly exercise its powers and duties. Such
rules shall be kept on file with the chairperson of
the Housing Committee, the Mayor, and the City
Clerk, and a copy thereof shall be furnished to any
person upon request. (Ord. 1722 (part), 1996: Ord.
1641 § 1 (part), 1994: Ord. 1576 § 1 (part), 1992)
2.86.130 Effect.
Nothing in this chapter shall be construed as
restricting or curtailing any powers of the City
Council, Planning Commission or City officers.
(Ord. 1641 § 1 (part), 1994: Ord. 1576 § 1 (part),
1992)
70-7 cc~,~r;no s-~~
2.8s.olo
Chapter 2.88
AUDIT COMMITTEE
Sections:
2.88.010 Established-Composition.
2.88.020 Members-Residency-
Selection.
2.88.030 Terms of office.
2.88.040 Members-Vacancy prior to
expiration of a term.
2.88.050 Chairperson.
2.88.060 Meetings.
2.88.070 Compensation-Expenses.
2.88.080 Majority vote required.
2.88.090 Records.
2.88.100 Duties-Powers-
Responsibilities.
2.88.110 City staff assistance.
2.88.120 Procedural rules.
2.88.130 Effect.
2.88.010 Established-Composition.
A. The Audit Committee of the City is estab-
lished. The Audit Committee shall consist of five
members as follows:
1. Two City Council members;
2. Two staff members;
3. Representative from a Cupertino business.
B. The representative from a Cupertino business
shall not be an official or employee of the City, nor
cohabit with, as defined by law, nor be related by
blood or marriage to any member of the' committee,
the City Manager or the staff person(s) assigned to
this committee. (Ord. 1679 § 1 (part), 1995)
2.88.020 Members-Residency--Selection..
An Audit Committee member who is a represen-
tative of a business is not required to be a Cupertino
resident, but the business represented must be locat-
ed in Cupertino.
In selection of Cupertino business members, the
City Council may give priority to individuals who
have experience in reviewing financial information,
understand internal controls, or are familiar with
audit techniques. (Ord. 1679 § 1 (part), 1995)
2.88.030 Terms of office.
A. Audit Committee members serve at the plea-
sure of the City Council. The term of office of the
members of the Audit Committee shall be for four
years commencing on the date of their respective
appointments to the Audit Committee and shall end
on January 15th of the year the terms are due to
expire. No Audit Committee member shall serve
more than two consecutive terms unless he or she
has been appointed to the committee to fill an unex-
pired term of less than two years.
B. The appointment, reappointment and rules
governing incumbent members of the Audit Com-
mittee are governed by Resolution No. 8828 of the
City Council. (Ord. 1679 § 1 (part), 1995)
2.88.040 Members-Vacancy prior to
expiration of a term.
If a vacancy occurs other than by expiration of
a term, it shall be filled by the City Council's ap-
pointment for the unexpired portion of the term.
(Ord. 1679 § 1 (part), 1995)
2.88.050 Chairperson.
The committee shall elect its chairperson and vice
chairperson from among its members and shall
appoint a secretary. Terms of the chairperson and
vice chairperson shall be for one yeaz and shall
begin on January 15th. Upon approval of the City
Council, the City Manager may appoint a secretary
who need not be a member of the committee. (Ord.
1679 § 1 (part), 1995)
2.88.060 Meetings.
A. The Audit Committee shall establish a regulaz
time and place of meeting and rules of conduct
thereof and shall hold at least one regulaz meeting
quarterly.
B. A majority of the Audit Committee shall
constitute a quorum for the purpose of transacting
the business of the committee. (Ord. 1679 § 1 (part),
1995)
(Cupertino 5-%) ']a8
3.04.010
Chapter 3.04
DOCUMENTARY STAMP TAX*
Sections:
3.04.010 Short title~tatutory
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 taz 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,
transferred 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 ccupewno s-96>
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.
3.08.180 Severability.
• For statutory provisions regarding the Uniform Local Sales and Use
Tax Act, sce 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
insofar 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
Board 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 Boazd 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
~c~p«ti~o s-~> 74
3.08.050
first calendar quarter following the execution of
such a contract rather than the first day of the first
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
are 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 charges are subject to the State
sales and use tax, regardless 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 Board 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 are 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 as though fully set forth herein.
Except as otherwise provided in this chapter and
except insofar as they are 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 are
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 Board of Control, the State Board 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 Board 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
75 (Cupertino 5-96)
3.08.100
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
that code; the substitution shall not be made in
Sections 6701, 6702 (except in the last sentence
thereof), 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 carriers 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 are 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)
3.08.180 Severability.
If any provision of this chapter or the application
thereof to any person or circumstance is held inval-
id, the remainder of this chapter and the application
of such provision to other persons or circumstances
shall not be affected thereby. (Ord. 611 (part), 1973)
ca,~;oo s-~~ 76
3.12.010
Chapter 3.12
TRANSIENT OCCUPANCY TAX*
Sections:
3.12.010 Short title.
3.12.020 Definitions.
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 transients who occupy room space within the city limits,
see Gov. Code § 51030.
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 similar 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 calendar
days or less, counting portions of calendar 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 charged,
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 character 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)
'~7 (Cuperrino 5-96)
3.12.040
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 charged, 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
(Cupertino 5-96) ~]$~86
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.
3.32.090 Severability.
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, enlarging 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 preparation of
food.
D. "Gross building azea," as used in this chapter,
means the area of the several floors of a building
included within the surrounding exterior walls of a
building or portion thereof exclusive of noncommer-
cial parking garages. Pazking gazages that obtain
their primary source of income from the pazking of
vehicles for a fee shall be considered commercial
pazking garages. 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 cars, 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 are 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 (part), 1974)
3.32.030 Imposition of tax.
An excise tax, at the rates set forth in this chap-
ter, is hereby imposed upon every person who con-
97 (Cuperrino 5-96)
3.32.030
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
ResidentiaUmobilehomes/ $240.00 per dwelling unit
mobilehome lots
Industrial/offix 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 rate fa urdusniaU
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. (urd. 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 are 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 squaze 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
use is increased, then the tax imposed under this
chapter shall apply to such increased number of
dwellings and/or such increased floor area;
(Cupertino 5-96) 9$
3.32.070
5. The construction of any below market 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;
~)8-1
(Cupertino 5-96)
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.
5.28.230 Severability.
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 regulazly
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 fare 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
uniform and reasonable schedules of charges 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
23 (Cupertino 5-96)
5.28.030
effect. No owner or operator shall change or receive
any other or different faze 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 (part), 1978)
5.28.040 Ta~meter 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 clearly
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 faze chazgeable for the use of
the taxicab, and no owner or operator shall change
the schedule of fares 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 year, 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 characteristic 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
(Cupertino 5-96) 124
5.28.070
which a license has been granted each day from
eight p.m. to midnight. Each application must be for
a minimum of not less than three taxicabs;
L. An agreement whereby the applicant agrees
that he will maintain on the premises of his princi-
pal place of business, in operating order, at all
times, at least one telephone for every eight taxi-
cabs, and that at all times there will be an operator
in chazge of said phone or phones, who shall devote
himself exclusively to answering said phones and
dispatching taxicabs in response to requests therefor;
M. A sworn financial statement of the applicant;
N. Evidence of provision of a mandatory con-
trolled substance and alcohol testing certification
program for all drivers;
O. Such further information as the City Manager
or designee may require.
The applicant may meet the requirements of this
section by filing with the City Manager, or his
designated representative, acopy of any applications
filed with any other California jurisdiction requiring
substantially the same information as required by
this section. (Ord. 1722 (part), 1996; Ord. 1705
(part), 1995; Ord. 883 (part), 1978)
5.28.080 Permit-Denial.
The City Manager shall deny an owner's permit
to any applicant if it appears to his satisfaction that
such vehicle proposed to be operated is inadequate
or unsafe; that the applicant has been convicted of
a felony or violation of any nazcotic law or of any
penal law involving moral turpitude; that the
applicant's proposed color scheme or other insignia
will tend to confuse the identification of the vehicles
proposed to be operated by such applicant with
those of another owner operating in the City; or that
the applicant has failed to provide the necessary
information required in Section 5.28.070. (Ord. 1705
(part), 1995: Ord. 883 (part), 1978)
5.28.090 Permit-Term.
The permit issued under this chapter shall be for
a term of two years. At the expiration of the term,
unless a new permit is issued under the provisions
of this chapter, or unless the City Council, for good
cause, extends the term of the original permit for a
period not to exceed two yeazs, the permit shall be
deemed to have expired and shall no longer be
valid. (Ord. 883 (part), 1978)
5.28.100 Permit-Revocation or
suspension.
The City Manager may revoke or suspend any
owner's permit to operate a taxicab or taxicabs on
the following grounds:
A. Violation by the permittee, or his agents, of
any of the provisions of this chapter or any ordi-
nances relating to traffic or use of streets;
B. Failure of the permittee, or his agents, to pay
judgment for damages arising from the unlawful or
negligent operation of the taxicab or taxicabs for
which the permit was issued;
C. A fmding that any taxicab operated by the
permittee, or his agents, within the city is inadequate
or unsafe;
D. The permittee, or his agent, has been convict-
ed of a felony or violation of any nazcotic law or of
any criminal violation involving moral turpitude;
E. Failure of the permittee, or his agents, to
comply with a mandatory controlled substance and
alcohol testing certification program as provided for
in Section 53075.5 of the California Government
Code. (Ord. 1722 (part), 1996; Ord. 1705 (part),
1995; Ord. 883 (part), 1978)
5.28.110 Permit-Additional.
Any owner holding a permit to operate one or
more taxicabs as provided in this chapter, who
desires to add to the number of such vehicles shall
do so only upon obtaining from the City Manager
permission therefor, which shall be granted only
upon application made in the same manner and
under the same proceedings as aze required in this
chapter in the instance of obtaining the original
permit. Any owner holding a permit to operate one
or more taxicabs as provided in this chapter, who
desires to substitute a different vehicle for a vehicle
operated under such permit, shall do so only upon
obtaining, from the City Manager, permission there-
for, which shall be granted only upon written appli-
125 (ctip~o0 s-~~
5.28.110
cation setting forth the particulars of such proposed
substitution, and upon otherwise complying with the
requirements of this chapter. The City Manager shall
have the same authority in granting or denying such
application for permission to add or substitute as is
in this chapter vested in him in the matter of origi-
nal application. (Ord. 1705 (part), 1995: Ord. 883
(Part), 1978)
5.28.120 Liability policy-Provisions.
It is unlawful for any owner to drive or operate,
or cause or permit to be driven or operated, any
public motor vehicle in the City, unless such owner
has placed on file with the City Manager, or his
designated representative, a written certificate or
certificates of a responsible and solvent individual
authorized to issue such policy under the laws of the
State of California, that it has issued to or for the
benefit of the owner, a motor vehicle liability policy
or policies which, at the date of said certificate or
certificates, aze in full force and effect, and desig-
nating therein that any and all public motor vehicles
which may be driven or operated under any permit
granted to such owner under the provisions of this
chapter are, or will be, covered under said policy or
policies. (Ord. 883 (part), 1978)
5.28.130 Liability policy-Requirements.
A. The motor vehicle liability policy required
under the provisions of Section 5.28.120 shall insure
the owner, as defined in Section 5.28.010, and any
other person using or responsible for the use of any
such vehicle with the consent, express or implied,
of such owner, against loss from the liability im-
posed upon an owner by law for injury to, or death
of, any person, or damage to property, growing out
of the maintenance, operation or ownership of any
public motor vehicle to the amount or limit of one
hundred thousand dollazs, exclusive of interest and
costs, on account of injury to, or death of any one
person, of three hundred thousand dollars, exclusive
of interest and costs, on account of any one accident
resulting in injury to, or death of more than one
person, and of fifty thousand dollazs for damage to
property of others, resulting from any one accident.
B. The motor vehicle liability policy shall inure
to the benefit of any and all persons, suffering loss
or damage either to person or property, as herein
provided, and the liability of the insurance carrier
shall be in no manner abrogated or abated by the
death of the tort-feasor and/or the owner. (Ord. 1705
(part), 1995; Ord. 883 (part), 1978)
5.28.140 Liability policy-Cancellation
notice.
Every certificate required under the provisions of
Section 5.28.120 of this chapter shall certify that the
motor vehicle liability policy or policies therein
cited shall not be canceled except upon ten days'
prior written notice thereof to the City Clerk. Said
motor vehicle liability insurance shall be a continu-
ing liability up to the full amount thereof, notwith-
standing any recovery thereon, and said certificates
thereof shall so certify. All motor vehicle liability
policies and all certificates thereof shall be subject
to the approval of the City Attorney and the City
Manager, or his designated representative, in any
and all matters and if at any time, in the judgment
of the City Manager, or his designated representa-
tive, said motor vehicle liability policies are not
sufficient for any cause, said City Manager, or his
designated representative, may require the owner of
such public motor vehicle who filed the same to
replace said motor vehicle policies within ten days
with other policies in accordance with the provisions
of this chapter. If said owner fails to replace said
motor vehicle policies within said ten-day period
with good and sufficient policies, as aforesaid, then
at the termination of said period the owner's permit
issued hereunder shall be by such failure automati-
cally suspended until such time as said requirement
is complied with, and the City Manager, or his
designated representative, shall enforce such suspen-
sion. (Ord. 883 (part), 1978)
5.28.150 Liability policy-Bond.
A. Subject to the approval of the City Manager,
or his designated representative, the owner of any
taxicab or taxicabs, operated under the provisions of
this chapter, may file a bond of responsible and
~c~~,~ s~> 126
5.28.150
solvent individual authorized to issue such bonds
under the laws of the State of California, containing
the conditions, and giving the protection required in
the motor vehicle liability policy required by Sec-
tions 5.28.120 through 5.28.140, in lieu of either, all
or any part of the insurance coverage required by
said sections.
B. In the event of the filing of a bond under the
provisions of this section, the applicable provisions
of said Sections 5.28.120 through 5.28.140 shall
govern the furnishing of such bond and the owner
filing it. (Ord. 883 (part), 1978)
5.28.160 Driver's permit-Required.
It is unlawful for any driver to operate any taxi-
cab in the City unless there exists a valid pernut so
to do as herein provided. Application for such
driver's permit shall be made to the City Manager,
or his designated representative, shall be in writing
and in duplicate, and the original thereof shall be
duly acknowledged before some person lawfully
authorized to administer oaths. Such original shall
be forthwith transmitted to the City Manager, or his
designated representative. Said application shall set
forth the name, age and address of the applicant, his
past experience in operating automobiles, the names
and addresses of his employers during the preceding
period of three years, whether or not a chauffeur's
license issued to him by the State of Califomia, or
any state or governmental agency has ever been
revoked, the name and address of the owner by
whom he is to be employed as a driver (which said
owner shall endorse the said application), and such
additional information as the City Manager, or his
designated representative, may require. (Ord. 883
(Part), 1978)
5.28.165 Driver's permit-Application-
Issuance.
Upon application for a driver's permit, and before
it is issued, the driver, whether the owner or other-
wise, must:
A. Evidence a proficient knowledge of the traffic
laws of the City and of the State, and demonstrate
his ability to operate a taxicab, all to the satisfaction
of the City Manager, or his designated representa-
tive;
B. Be fmgerprinted by and his record filed in the
Police Department Bureau of Identification;
C. File with his application two recent photo-
graphs (size one and one-half by one and one-half
inch), one to be filed with his application and one
to be permanently attached to his driver's permit
when issued, which permit shall be posted in a place
conspicuous from the passenger's compartment of
the taxicab while the driver is operating the taxicab;
D. File with his application a copy of his current
drivers license issued by the State of Califomia;
E. File with his application certification from
employer of a current negative test for alcohol and
for each of the controlled substances specified in
Part 40 (commencing with Section 40.1) of Title 49
of the Code of Federal Regulations. (A negative test
for alcohol means an alcohol screening test showing
a breath alcohol concentration of less than 0.02
percent.) Owner-drivers shall have test results re-
ported directly to the City Manager from the testing
agency.
The applicant may meet the requirements of this
section by filing with the City Manager, or his
designated representative, acopy of any application
filed with any other California jurisdiction requiring
substantially the same information as required by
this section. (Ord. 1722 (part), 1996; Ord. 1705
(part), 1995)
5.28.170 Driver's permit-Denial.
A. No driver's permit shall be granted to any
person under the age of eighteen years.
B. A driver's permit may be denied upon sub-
stantial evidence of facts of either physical or moral
deficiencies of the applicant or unfitness to drive a
vehicle which, in the sound discretion of the City
Manager, or his designated representative, would
render such applicant not a competent person to
operate a taxicab. (Ord. 1705 (part), 1995: Ord.
1241, 1983: Ord. 883 (part), 1978)
127 ca,a~~ s-~~
5.28.175
5.28.175 Driver's permit-Termination of
employment.
Every driver's permit issued under this chapter
shall set forth the name of the owner for which the
driver is authorized to operate a taxicab, and shall
be valid only so long as he continues in the employ
of such owner. Upon termination of such employ-
ment, the person holding a permit under this chapter
to engage in the taxicab business, shall notify the
City Manager of the driver's name and permit num-
ber within seventy-two hours thereafter. The driver
shall forthwith surrender his driver's permit to the
City Manager, or his designated representative.
(Ord. 1705 (part), 1995)
5.28.180 Suspension or revocation of
driver's permit.
The City Manager, or his designated representa-
tive, shall have the power to suspend or revoke any
driver's permit issued under this chapter after a
hearing thereon, in the event the holder thereof has
violated any provision of this chapter or has drunk
or consumed intoxicating liquor while on duty, or
failed to pass a mandatory testing for controlled
substances, which violation, in the sound discretion
of said official, shall be deemed sufficient evidence
of the fact that said driver is not a competent person
to operate a taxicab. Such suspension or revocation
by the City Manager, or his designated representa-
tive, shall be forthwith reported to the owner last
employing said driver. In the event of such revoca-
tion or suspension of a driver's permit, such permit
shall be forthwith surrendered to the City Manager,
or his designated representative, by the holder there-
of. (Ord. 1722 (part), 1996: Ord. 883 (part), 1978)
5.28.185 Appeal.
Any interested party may appeal the administra-
tive decision of the City Manager, or his designated
representative, by filing a written notice of appeal
with the City Clerk within five days after his deci-
sion. Such appeal shall be heard by the City Council
which may affirm, amend, or reverse the order, or
take other action deemed appropriate. The Clerk
shall give written notice of the time and place of the
hearing to the appellant and any other person re-
questing notice. In conducting the hearing, the City
Council shall not be limited by the technical rules
of evidence. (Ord. 883 (part), 1978)
5.28.190 Direct route.
Any driver employed to carry a passenger to a
definite point shall take the most direct route possi-
ble that will carry the passenger safely and expedi-
tiously to the destination (unless otherwise directed
by the passenger). (Ord. 883 (part), 1978)
5.28.200 Refusal of service.
No owner or driver of any taxicab licensed under
authority of this chapter shall fail or refuse, when
in service and not otherwise engaged for hire, to
transport to his announced destination within the
City at rates authorized in this chapter any person
who presents himself for carriage in a sober and
orderly manner and for a lawful purpose. (Ord. 883
(Part), 1978)
5.28.210 Overcharge-Restitution.
Any chazge made, or sought to be made, to any
patron of any taxicab in excess of the chazges autho-
rized by this chapter for the particulaz type of ser-
vice rendered or sought, when shown either by
confession of the party, or competent testimony, or
failure on the part of any driver or operator of any
taxicab to make proper returns to his employer, shall
result in immediate suspension of the license of such
driver until such time as, after due process, such
license is either reinstated or revoked. Either the
person, or the employer of a person, responsible for
any overcharge shall be required to make restitution
to any defrauded patron for the amount of the over-
charge. (Ord. 883 (part), 1978)
5.28.220 Violation-Penalty.
The violation of any provision of this chapter
shall be deemed an infraction, and shall be punish-
able as provided in Chapter 1.12. Each day during
which such violation continues shall be a sepazate
and distinct offense, and each such separate offense
cc~a~;~ s-vet 128
5.28.220
shall be deemed an infraction punishable as afore-
said. (Ord. 883 (part), 1978)
5.28.230 Severability.
If any section, subsection, subdivision, sentence,
clause, or phrase of this chapter is for any reason
held to be unconstitutional or otherwise void or
invalid, by any court of competent jurisdiction the
validity of the remaining portion of this chapter
shall not be affected thereby. (Ord. 883 (part), 1978)
1:Z8-1 (capertino s-~>
Title 6
FRAr1CHISES
Chapters:
6.08 Electricity-Pacifiic Gas and Electric Company
6.12 Gas-Pacific Gas and Electric Company
6.16 Water-California Water Service
6.20 Waterman Jose Water Works
6.24 Garbage-Los Altos Garbage Company
6.28 Cable Television 1.±ranchise Regulations
x.43 (Cupertino 5-96)
6.08.010
Chapter 6.08
ELECTRICITY-PACIFIC GAS AND
ELECTRIC COMPANY
E. The phrase "construct, maintain and use"
means to construct, erect, install, lay, operate, main-
tain, use, repair or replace. (Ord. 26 § 1, 1956)
Sections:
6.08.010 Definitions.
6.08.020 Designated.
6.08.030 Maintenance requirements.
6.08.040 Term.
6.08.050 Gross receipts-Percentage
payment.
6.08.060 Total gross receipts report
required.
6.08.070 Granting authority.
6.08.010 Definitions.
Whenever in this chapter the words or phrases
hereinafter in this section defined are used, they
shall have the respective meanings assigned to them
in the following definitions:
A. The word "grantee" means Pacific Gas and
Electric Company, and its lawful successors or
assigns;
B. The word "City" means the City of Cuperti-
no, amunicipal corporation of the State of Califor-
nia, in its present incorporated form or in any later
reorganized, consolidated, enlarged or reincorporated
form;
C. The word "streets" means the public streets,
ways, alleys and places as the same now or may
hereafter exist within City, including State high-
ways, now or hereafter established within City, and
freeways hereafter established within City;
D. The phrase "poles, wires, conduits and appur-
tenances" means poles, towers, supports, wires,
conductors, cables, guys, stubs, platforms, cross
arms, braces, transformers, insulators, conduits,
ducts, vaults, manholes, meters, cut-outs, switches,
communication circuits, appliances, attachments,
appurtenances and, without limitation to the forego-
ing, any other property located or to be located in,
upon, along, across, under or over the streets of the
City, and used or useful in transmitting and/or dis-
tributing electricity;
6.08.020 Designated.
The franchise to construct, maintain and use
poles, wires, conduits and appurtenances necessary
or proper for transmitting and distributing electricity
to the public for any and all purposes, in, along,
across, upon, under and over the streets within City
is granted to Pacific Gas and Electric Company, its
successors and assigns. (Ord. 26 § 2, 1956)
6.08.030 Maintenance requirements.
Grantee of this franchise shall relocate, without
expense to City, any poles, wires, conduits and
appurtenances theretofore installed, and then main-
tained or used under this franchise, if and when
made necessary by any lawful change of grade,
alignment or width of any streets by City, including
the construction of any subway or viaduct; provided,
however, that this provision shall remain in effect
only so long as such street, subway or viaduct re-
mains under the jurisdiction of City as a City street,
but shall cease to be applicable to any such street if
and when the same becomes a freeway, nor shall it
constitute a contractual obligation in respect to such
freeway within the purview of Section 703 of the
Streets and Highways Code of the State of Califor-
nia, or any corresponding provisions of law. (Ord.
26 § 3, 1956)
6.08.040 Term.
The franchise shall be indeterminate, that is to
say, the franchise shall endure in full force and
effect until the same is, with the consent of the
Public Utilities Commission of the State of Califor-
nia, voluntarily surrendered or abandoned by grant-
ee, or until the State or some municipal or public
corporation thereunto duly authorized by law pur-
chases by voluntary agreement or condemns and
takes under the power of eminent domain, all prop-
erty actually used and useful in the exercise of the
franchise and situated in the territorial limits of the
State, municipal or public corporation purchasing or
145 (Cupertino 5-96)
6.08.040
condemning such property, or until the franchise is
forfeited for noncompliance with its terms by grant-
ee. (Ord. 26 § 4, 1956)
6.08.050 Gross receipts-Percentage
payment.
Grantee of the franchise shall during the. tenm
thereof pay to City two percent of the gross annual
receipts of grantee arising from the use, operation
or possession of the franchise; provided, however,
that such payment shall in no event be less than one
percent of the gross annual receipt of grantee de-
rived from the sale of electricity within the limits of
City. (Ord. 26 § 5, 1956)
6.08.060 Total gross receipts report
required.
Grantee shall file with the City Clerk, within
three months after the expiration of the calendaz
yeaz, or fractional calendaz yeaz, following the date
of the granting hereof, and within three months after
the expiration of each and every calendar year there-
after, aduly verified statement showing in detail the
total gross receipts of grantee during the preceding
calendaz yeaz, or such fractional calendaz yeaz, from
the sale of electricity within City. Grantee shall pay
to City within fifteen days after the time for filing
such statement, in lawful money of the United
States, the aforesaid percentage of its gross receipts
for such calendaz yeaz, or such fractional calendaz
year, covered by such statement. Any neglect, omis-
sion or refusal by grantee to file such verified state-
ment, or to pay said percentage at the time and in
the manner specified, shall be grounds for the decla-
ration of a forfeiture of this franchise and of all
rights of grantee hereunder. (Ord. 26 § 6, 1956)
6.08.070 Granting authority.
The franchise is granted under the Franchise Act
of 1937. (Ord. 26 § 7, 1956)
cc~a~oo s-~~ 146
6.12.010
Chapter 6.12
GAS-PACIFIC GAS AND ELECTRIC
COMPANY
F. The phrase "install, maintain and use" means
to lay, construct, erect, install, operate, maintain,
use, repair or replace. (Ord. 27 § 1, 1956)
Sections:
6.12.010 Definitions.
6.12.020 Designation.
6.12.030 Maintenance requirements.
6.12.040 Term.
6.12.050 Gross receipts-Percentage
payment.
6.12.060 Total gross receipts report
required.
6.12.070 Granting authority.
6.12.010 Definitions.
Whenever in this chapter the words or phrases
hereinafter in this section defined aze used, they
shall have the respective meanings assigned to them
in the following definitions:
A. The word "grantee" means Pacific Gas and
Electric Company, and its lawful successors or
assigns;
B. The word "City" means the City of Cuperti-
no, amunicipal corporation of the State of Califor-
nia, in its present incorporated form or in any later
reorganized, consolidated, enlarged or reincorporated
form;
C. The word "streets" means the public streets,
ways, alleys and places as the same now or may
hereafter exist within City, including State high-
ways, now or hereafter established within City, and
freeways hereafter established within City;
D. The word "gas" means natural or artificial
gas, or a mixture of natural and artificial gas;
E. The phrase "pipes and appurtenances" means
pipes, pipelines, mains, services, traps, vents, vaults,
manholes, meters, gauges, regulators, valves, con-
duits, appliances, attachments, appurtenances and,
without limitation to the foregoing, any other prop-
erty located or to be located in, upon, along, across,
under or over the streets of the City, and used or
useful in transmitting and/or distributing gas;
6.12.020 Designation.
The franchise to install, maintain and use in the
streets of the City all pipes and appurtenances for
transmitting and distributing gas to the public for
any and all purposes within the City is granted to
Pacific Gas and Electric Company, its successors
and assigns. (Ord. 27 § 2, 1956)
6.12.030 Maintenance requirements.
Grantee of this franchise shall relocate, without
expense to the City, any pipes and appurtenances
theretofore installed, and then maintained or used
under this franchise, if and when made necessary by
any lawful change of grade, alignment or width of
any streets by the City, including the construction
of any subway or viaduct; provided, however, that
this provision shall remain in effect only so long as
such street, subway or viaduct shall remain under
the jurisdiction of the City as a City street, but shall
cease to be applicable to any such street if and when
the same becomes a freeway, nor shall it constitute
a contractual obligation in respect to such freeway
within the purview of Section 703 of the Streets and
Highways Code of the State of California, or any
corresponding provisions of law. (Ord. 27 § 3,
1956)
6.12.040 Term.
The franchise shall be indeterminate, that is to
say, the franchise shall endure in full force and
effect until the same is, with the consent of the
Public Utilities Commission of the State of Califor-
nia, voluntarily surrendered or abandoned by grant-
ee, or until the State or some municipal or public
corporation thereunto duly authorized by law pur-
chases by voluntary agreement or condemns and
takes under the power of eminent domain, all prop-
erty actually used and useful in the exercise of the
franchise and situate in the territorial limits of the
State, municipal or public corporation purchasing or
condemning such property, or until said franchise is
:147 (copert;no s-~~
6.12.040
forfeited for noncompliance with its terms by grant-
ee. (Ord. 27 § 4, 1956)
6.12.050 Gross receipts-Percentage
payment.
Grantee of the franchise shall during the term
thereof pay to City two percent of the gross annual
receipts of grantee arising from the use, operation
or possession of the franchise; provided, however,
that such payment shall in no event be less than one
percent of the gross annual receipts of grantee de-
rived from the sale of gas within the limits of the
City. (Ord. 27 § 5, 1956)
6.12.060 Total gross receipts report
required.
Grantee shall file with the City Clerk, within
three months after the expiration of the calendar
yeaz, or fractional calendaz yeaz, following the date
of the granting hereof, and within three months after
the expiration of each and every calendaz yeaz there-
after, adult' verified statement showing in detail the
total gross receipts of grantee during the preceding
calendar yeaz, or such fractional calendaz yeaz, from
the sale of gas within the City. Grantee shall pay to
the City within fifteen days after the time for filing
such statement, in lawful money of the United
States, the aforesaid percentage of its gross receipts
for such calendar year, or such fractional calendar
year, covered by such statement. Any neglect, omis-
sion or refusal by grantee to file such verified state-
ment, or to pay said percentage at the time and in
the manner specified, shall be grounds for the decla-
ration of a forfeiture of this franchise and of all
rights of grantee hereunder. (Ord. 27 § 6, 1956)
6.12.070 Granting authority.
The franchise is granted under the Franchise Act
of 1937. (Ord. 27 § 7, 1956)
ccuperauo s-%~ 148
6.16.010
Chapter 6.16
WATER-CALIFORNIA WATER SERVICE
Sections:
6.16.010 Designated.
6.16.020 Maintenance-Notice.
6.16.030 Maintenance-Required.
6.16.040 Term.
6.16.050 Gross annual receipts-
Percentage payment.
6.16.010 Designated.
California Water Service, a California corpora-
tion, and its successors and assigns, are granted the
right, privilege and franchise, to lay, construct,
maintain, repair and operate a system of water pipe-
lines and other apparatus for the transportation and
distribution of water for sale and distribution for
domestic, agricultural, industrial, commercial and
other lawful uses and purposes in, over, along,
across, under, through and upon the public streets,
roads, alleys and highways of the City, all as more
particularly delineated on the map attached hereto
as Exhibit A and by this reference made a part
hereof and limited to the area within the City pres-
ently being served by the California Water Service
and to which it has heretofore dedicated its service,
which area is more particularly described by the
legal description attached hereto as Exhibit B, and
by this reference made a part hereof. (Ord. 62 § 1,
1958)
may be imposed by the City Engineer and Street
Superintendent to protect the public of the City.
Where emergency operations are indicated by cir-
cumstances beyond the control of this grantee, no-
tice need not be delivered to the City Engineer and
Street Superintendent prior to remedial action being
taken. (Ord. 62 § 2, 1958)
6.16.030 Maintenance-Required.
The grantee, and its successors and assigns, shall
at all times keep the water pipeline system and all
accessory appliances and fixtures used in connection
with the system in good order and condition; pro-
vided that if damage should result to the ground and
road surfaces thereover, the grantee shall repair the
same immediately. (Ord. 62 § 3, 1958)
6.16.040 Term.
The franchise shall commence on the effective
date hereof and shall continue and endure in full
force and effect until voluntarily surrendered or
abandoned by the grantee, its successors or assigns,
with the consent of the Public Utilities Commission
of the State of California, or until all property used
and useful in the exercise of said franchise and
situated within the territorial limits of the City shall
be transferred to the State of California, or some
municipal or public corporation pursuant to volun-
tary agreement or the exercise of the power of emi-
nent domain, or until the franchise shall be forfeited
for noncompliance with its terms by the grantee.
(Ord. 62 § 4, 1958)
6.16.020 Maintenance-Notice.
All pipes and necessary appliances and fixtures
used in connection with the system shall be laid,
constructed, maintained and removed in conformity
with law. Whenever it is proposed by the grantee of
this franchise to open the public highways, streets
and alleys of the City, the grantee shall serve notice
upon the City Engineer and Street Superintendent,
a reasonable length of time prior to commencing the
operation. Nothing herein shall be construed to
mean that the grantee need secure approval of any
such operation; provided that reasonable regulations
6.16.050 Gross annual receipts-
Percentage payment.
The grantee, its successors and assigns, must,
during the life of the franchise, pay annually to the
City, two percent of the gross annual receipts arising
from the use, operation or possession of the fran-
chise. In the event that such payment is not made,
the franchise shall be forfeited. (Ord. 62 § 5, 1958)
149 (cuperano s-~>
6.20.010
Chapter 6.20
WATER~AN JOSE WATER WORKS
Sections:
6.20.010 Designated.
6.20.020 Maintenance-Notice.
6.20.030 Maintenance-Required.
6.20.040 Term.
6.20.050 Gross annual receipts-
Percentage payment.
6.20.010 Designated.
San Jose Water Works, a California corporation,
and its successors and assigns, are granted the right,
privilege and franchise, to lay, construct, maintain,
repair and operate a system of water pipelines and
other apparatus for the transportation and distribu-
tion of water for sale and distribution for domestic,
agricultural, industrial, commercial and other lawful
uses and purposes in, over, along, across, under,
through and upon the public streets, roads, alleys
and highways of the City, all as more particulazly
delineated on the map attached hereto as Exhibit A
and by this reference made a part hereof and limited
to the azea within the City presently being served by
the San Jose Water Works, and to which it has
heretofore dedicated its service, which area is more
particularly described by the legal description at-
tached hereto as Exhibit B, and by this reference
made a pazt hereof. (Ord. 63 § 1, 1958)
6.20.020 Maintenance-Notice.
All pipes and necessary appliances and fixtures
used in connection with the system shall be laid,
constructed, maintained and removed in conformity
with law. Whenever it is proposed by the grantee of
this franchise to open the public highways, streets
and alleys of the City, the grantee shall serve notice
upon the City Engineer and Street Superintendent,
a reasonable length of time prior to commencing the
operation. Nothing herein shall be construed to
mean that the grantee need secure approval of any
such operation, provided that reasonable regulations
may be imposed by the City Engineer and Street
Superintendent to protect the public of the City.
Where emergency operations aze indicated by cir-
cumstances beyond the control of this grantee, no-
tice need not be delivered to the City Engineer and
Street Superintendent prior to remedial action being
taken. (Ord. 63 § 2, 1958)
6.20.030 Maintenance-Required.
The grantee, and its successors and assigns, shall
at all times keep the water pipeline system and all
accessory appliances and fixtures used in connection
with the system in good order and condition, provid-
ed that if damage should result to the ground and
road surfaces thereover, the grantee shall repair the
same immediately. (Ord. 63 § 3, 1958)
6.20.040 Term.
The franchise shall commence on the effective
date hereof and shall continue and endure in full
force and effect until voluntarily surrendered or
abandoned by the grantee, its successors or assigns,
with the consent of the Public Utilities Commission
of the State of California, or until all property used
and useful in the exercise of the franchise and situ-
ated within the territorial limits of the City is trans-
ferred to the State of California, or some municipal
or public corporation pursuant to voluntary agree-
ment or the exercise of the power of eminent do-
main, or until the franchise is forfeited for noncom-
pliance with its terms by the grantee. (Ord. 63 § 4,
1958)
6.20.050 Gross annual receipts-
Percentage payment.
The grantee, its successors and assigns, must,
during the life of the franchise, pay annually to the
City, two percent of the gross annual receipts azising
from the use, operation or possession of the fran-
chise. In the event that such payment is not made,
the franchise shall be forfeited. (Ord. 63 § 5, 1958)
(Cuperono 5-96) 150
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 Ratifica'on 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 Notification 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.
6.24.340 Severability.
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 welfare 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 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 herein.
2. "Collection station" means the location at
which containers of gazbage, waste or refuse aze
placed for collection by the authorized gazbage
collector.
3. "Delinquent" means a failure of the recipient
of gazbage collection service, or of the property
owner, to pay when due all charges owed to the
garbage collector for garbage collection service
rendered or to be rendered.
151 (Cupertino 5-96)
6.24.020
4. "Director" 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 discarded, including but not restrict-
ed to, materials, substances or objects commonly
referred to as "trash," "garbage," "refuse" and "rub-
bish" that are 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. "Garbage 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. "Garbage collection service" means the col-
lection, transportation and disposal of garbage 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 hazardous 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
gazbage 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
gazbage 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)
~cu~;~o s-~~ 152/156
6.24.280
wing appropriation account entitled "Payment of
Delinquent Charges For Garbage Collection Ser-
vice." This account shall be credited with such sums
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 for
Santa Claza 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 gazbage collector promptly upon
receipt of such payments. The administrative chazg-
es and assessment charges 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 garbage
collector awarded the franchise for .garbage 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 garbage 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 awarded a franchise by the City to act as
garbage 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 garbage, refuse
and waste containers within the confines of the trash
enclosures at all times except when the containers
are 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 garbage 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
garbage collection service chazges that would other-
wise be payable for collection of such garbage 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
lf)0-1 (Cupcrt;ao 5-96)
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)
6.24.340 Severability.
If a section, subsection, subdivision, sentence,
clause, or phrase of this chapter is for any reason
held to be unconstitutional or otherwise void or
invalid, by any court of competent jurisdiction the
validity of the remaining portion of this chapter
shall not be affected thereby. (Ord. 1572 § 1 (part),
1991) -
cc~a~;oo s-~> 160-2
9.08.010
Chapter 9.08
WEED ABATEMENT*
Sections:
9.08.010 Weeds as public nuisance.
9.08.020 Resolution declaring nuisance.
9.08.030 Form of notice.
9.08.040 Mailing of notices by Fire
Marshal.
9.08.050 Hearing.
9.08.060 Order to abate nuisance.
9.08.070 Account and report of cost.
9.08.080 Notice of report.
9.08.090 Hearing and confirmation.
9.08.100 Collection on tax roll.
9.08.110 Duty to notify City of
improvements, time, waiver of
rights, nonliability of City.
* For provisions regarding the authority of the City Council to
provide for weed abatement, see Gov. Code § 39501, et seq.
9.08.010 Weeds as public nuisance.
A. No owner, agent or lessee or other person
occupying or having chazge or control of any build-
ing, lot or premises within the City shall permit
weeds to remain upon the premises or public side-
walks or streets or alleys between the premises and
the center of the line of any public street or alley.
B. "Weeds," as used in this chapter, means all
weeds growing upon streets, alleys, sidewalks, or
private property in the City and includes any of the
following:
1. Weeds which beaz or may bear seeds of a
downy or wingy nature;
2. Weeds and indigenous grasses which may
attain such large growth as to become a fire menace
to adjacent improved property;
3. Weeds which are otherwise noxious or dan-
gerous;
4. Poison oak and poison ivy when the condi-
tions of growth aze such as to constitute a menace
to the public health;
5. Accumulations of gazden refuse, cuttings, and
other combustible trash.
C. Every property owner shall remove or destroy
such weeds on his property and in the abutting half
of any street or alley between the lots lines as ex-
tended. Two discings per yeaz shall be considered
a minimum standazd, plus chemical spraying as
required. (Ord. 724 (part), 1976)
9.08.020 Resolution declaring nuisance.
Whenever any weeds are growing upon any pri-
vate property or properties or in any street or alley
within the City, the City Council shall pass a resolu-
tion declaring the same to be a public nuisance and
order the County Fire Marshal to give notice of the
passage of such resolution as provided in this chap-
ter, and state therein that, unless such nuisance is
abated without delay by the destruction or removal
of such weeds, the work of abating such nuisance
will be done by the County Fire Marshal, and the
expense thereof assessed upon the lots and lands
from which, and/or in the front and reaz of which,
such weeds have been destroyed or removed. Such
resolution shall fix the time and place for hearing
any objections to the proposed destruction or remov-
al of the weeds. (Ord. 724 (part), 1976)
9.08.030 Form of notice.
The notice provided for in Section 9.08.020 shall
be substantially of the following form:
NOTICE TO DESTROY WEEDS
NOTICE IS HEREBY GIVEN that on _
19 ,pursuant to the provisions of
Section of the Municipal Code, the City
Council passed a resolution declaring that all
weeds growing upon any private property or
in any public street or alley, as defined in
Section of the City's Municipal Code,
constitute a public nuisance, which nuisance
210-9 cc~p~rooo s-96>
9.08.110
been placed on such premises. The notice shall
include all subsurface improvements, together with
all surface improvements for which a building per-
mit has not been issued, including, but not limited
to, boundary and survey mazkers, pipes and accesso-
ries, crops and plantings.
B. The notice of improvements shall be submit-
ted each yeaz, not later than thirty days subsequent
to the time set for hearing pursuant to Section
9.08.050, by the owner, agent, lessee or other person
having chazge or control of the building, lot or
premises.
C. The failure to give such notice constitutes a
waiver of any right for damages resulting from
injury to such improvements resulting from the acts
of the City and its authorized representatives who
enter upon the pazcel to destroy or remove weeds.
D. This section shall not be construed to subject
the City or its representatives to any liability where
none would exist in the absence of these provisions.
(Ord. 724 (part), 1976)
213
(Cupertino 5-%)
Chapter 9.12
HAZARDOUS MATERIALS STORAGE*
Sections:
GENERAL PROVISIONS
9.12.010 Purpose.
9.12.011 General obligation-Safety and
care.
9.12.012 Specific obligation.
9.12.013 Definitions.
9.12.014 Professional assistance for City
determinations.
MATERIALS REGULATED
9.12.020 Materials regulated.
9.12.021 Exclusions.
9.12.022 Underground tanks.
HAZARDOUS MATERIALS INVENTORY
9.12.050 Hazardous Materials Inventory
Statement.
9.12.051 Information required.
9.12.053 Public records.
RESPONSIBILITY
9.12.060 Reporting unauthorized
discharge.
9.12.061 Cleanup responsibility.
9.12.062 Indemnification.
INSPECTIONS AND RECORDS
9.12.070 Inspections by Cupertino.
9.12.071 Inspections by permittee.
9.12.072 Special inspections.
9.12.073 Substituted inspections.
9.12.074 Maintenance of records.
APPLICATION FOR PERMIT
CONTAINMENT STANDARDS
9.12.030 Containment of hazardous
materials.
9.12.031 New storage facilities.
9.12.032 Existing storage facilities.
9.12.033 Out-of-service storage facilities.
9.12.034 Monitoring.
9.12.035 Maintenance, repair or
replacement.
9.12.036 Handling.
9.12.037 Secured facilities.
9.12.038 Emergency equipment.
9.12.039 Posting of emergency
procedures.
HAZARDOUS MATERIALS
MANAGEMENT PLAN
9.12.040 Hazardous Materials
Management Plan (HMMP).
9.12.041 Standard form HMMP.
9.12.042 Short form HMMP-Minimal
storage site.
9.12.043 Supplemental requirements for
emergency response plans.
9.12.080 Permit.
9.12.081 Application for permit.
9.12.082 Investigation.
9.12.083 Approval of permit-
Provisional permits.
9.12.084 Issuance and transfer of
permits-Temporary permits.
9.12.085 Additional approvals.
9.12.086 Effective date and term.
9.12.087 Renewal.
9.12.088 Determination.
9.12.089 Fees.
DENIAL
9.12.090 Denial of application.
9.12.091 Grounds for denial.
9.12.092 Transmittal of decision.
9.12.093 Appeal to City Manager or
designee.
9.12.094 Hearing on appeal.
9.12.095 Disposition of appeal.
(Cupertino 5-96) 214
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.
9.12.134 Severability.
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 PROVISIONS
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 dischazges of haz-
azdous materials. (Ord. 1244 (part), 1983: Ord. 1220
(part), 1983)
9.12.011 General obligation-safety and
care.
A. No person, firm or corporation shall cause,
suffer or permit the storage of hazazdous 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
discharge of hazardous 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 hazardous materials shall
be in conformance with the approved Hazazdous
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
hazazdous 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 are 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 can ent 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 (Cti-perano 5-%)
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 area
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 hazards
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 hazardous
materials exclusively within the confines of a facili-
ty and which aze not intended to transport hazazdous
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-
ardous 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 separate 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
assingle-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 discharge" 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 Discharge Elimination System
cc~~~;no s-~~ 216
9.12.013
Penmit, with waste discharge requirements estab-
lished by the Regional Water Quality Control Board
pursuant to the Porter Cologne Water Quality Act,
or with local sewer pretreatment requirements for
publicly owned treatment works.
Q. "Wet floor" means a floor which is used to
routinely collect, contain or maintain standing liq-
uids or to transmit standing liquids on a more or
less continuous basis. (Ord. 1244 (part), 1983: Ord.
1220 (part), 1983)
9.12.014 Professional assistance for City
determinations.
Whenever the approval of satisfaction of Cuperti-
no may be required in this chapter for a design,
monitoring, testing or other technical submittal by
an applicant or permittee, Cupertino may, in its
discretion, require such applicant or permittee, at
such applicant's or permittee's sole cost and ex-
pense, to retain a suitably qualified independent
engineer, or chemist, or other appropriate profes-
sional consultant, acceptable to Cupertino, for the
purpose of evaluating and rendering a professional
opinion respecting the adequacy of such submittal
to achieve the purposes of this chapter. Cupertino
shall be entitled to rely on such evaluation and/or
opinion of such engineer, chemist or professional
consultant in making the relevant determinations
provided for in this chapter. (Ord. 1244 (part), 1983:
Ord. 1220 (part), 1983)
MATERIALS REGULATED
9.12.020 Materials regulated.
The materials regulated by this chapter shall
consist of the following:*
A. Any material listed as a hazardous and/or
extremely hazardous material or hazardous and/or
extremely hazardous waste in Sections 66680 and
66685 of Title 22 of the California Administrative
Code, as amended, whether such material is stored
or handled in waste or nonwaste form; or
B. Any material which is listed on the list of
Environmental Protection Agency (EPA) pollutants,
40 Code of Federal Regulations, Section 401.15, as
amended; or
C. Any material which is classified by the Na-
tional Fire Protection Association (NFPA) as either
a flammable liquid, a Class II combustible liquid or
a Class IIIA combustible liquid; or
D. Any material which has been determined to
be hazardous based upon any appraisal or assess-
ment by or on behalf of the party storing this mate-
rial in compliance with the requirements of the EPA
or the California Department of Health Services, or
which should have been, but was not, determined to
be hazardous due to the deliberate failure of the
party storing the material to comply with the re-
quirements of the EPA and/or the Department of
Health Services; or
E. Any material which has been determined by
the party storing or handling it, through testing or
other objective means, to be likely to create a signif-
icant potential or actual hazard to public health,
safety or welfare. This subsection shall not establish
a requirement to test for the purposes of this chap-
ter. (Ord. 1244 (part), 1983: Ord. 1220 (part), 1983)
* Section 9.12.020 does not include the List of Hazardous Substances
developed by the Director of the Department of Industrial Relations
pursuant to the provisions of the Hazardous substances Information
and Training Act because this list was filed with the Secretary of
State too laze to be fully considered and evaluazed for incorporazion
in this chapter. Afollow-up task force is studying the incorporation
of this list.
9.12.021 Exclusions.
This chapter does not apply to the following:
A. Certain Elemental Metals. The following
elemental metals included within the purview of
Section 9.12.020 shall not be considered hazardous
materials for purposes of this chapter unless they are
stored in a friable, powdered or finely divided state:
beryllium, cadmium, chromium, copper, lead, nickel
and silver;
B. Retail Products. Hazardous materials con-
tained solely in consumer products packaged for
distribution to, and use by, the general public or
commercial products used at the facility solely for
janitorial or minor maintenance pulposes such as
paint thinner or wax strippers;
2l 7 ct-~pectino s-~>
9.12.021
C. Work Station. Hazardous materials located at
a work station in a quantity reasonably required for
use as determined by Cupertino under the circum-
stances;
D. Exemption. Cupertino shall exempt any mate-
rial from the requirements of this chapter where it
has been demonstrated to the satisfaction of Cuperti-
no that the material in the quantity and/or solution
stored does not present a significant actual or poten-
tial hazazd to the public health, safety or welfaze.
(Ord. 1244 (part), 1983: Ord. 1220 (part), 1983)
9.12.022 Underground tanks.
Notwithstanding Section 9.12.021 and in addition
to those materials regulated pursuant to Section
9.12.020, a permit shall be required for the storage
in an underground storage tank as defined by Cali-
fornia Health and Safety Code Section 25280(m), of
any material defined as a hazardous substance, in
accordance with California Health and Safety Code
Section 25280(c). (Ord. 1244 (part), 1983)
CONTAINMENT STANDARDS
9.12.030 Containment of hazardous
materials.
A. No person, firm or corporation shall store any
hazardous materials regulated by this chapter until
a permit or approval has been issued pursuant to this
chapter. No permit or approval shall be granted
pursuant to this chapter unless permit applicant
demonstrates to the satisfaction of Cupertino, by the
submission of appropriate plans and other informa-
tion, that the design and construction of the storage
facility will result in a suitable manner of storage
for the hazazdous material or materials to be con-
tained therein.
B. All installation, construction, repair or modifi-
cation, closure and removal shall be to the satisfac-
tion of Cupertino. Cupertino shall have the discre-
tion to exempt an applicant from any specific re-
quirement, except that the discretion with regard to
underground storage facilities shall be exercised in
accordance with subsection C of Section 9.12.021,
or to impose reasonable additional or different re-
quirements in order to better secure the purpose and
general obligation of this chapter for protection of
public health, safety and welfare. The guidelines
approved pursuant to Section 9.12.131 shall serve
as an advisory interpretation of the provisions of
this article addressed in such guidelines. (Ord. 1244
(part), 1983: Ord. 1220 (part), 1983)
9.12.031 New storage facilities.
A. No person, firm or corporation shall construct
or install any new storage facility until a permit or
approval has been issued pursuant to this chapter.
B. Monitoring Capability. All new storage facili-
ties intended for the storage of hazazdous materials
which aze liquids or solids at standard temperature
and pressure (STP) shall be designed and construct-
ed with a monitoring system capable of detecting
that the hazazdous material stored in the primary
containment has
(Cuperono 5-96) 218
9.12.032
include but are not limited to: pressure-testing,
vacuum-testing or hydrostatic testing of piping sys-
tems, underground storage tanks, groundwater moni-
toring well(s) which are down gradient and adjacent
to the storage facility; vapor analysis within the
well(s) where appropriate; and analysis of the soil
boring(s) at the time of initial installation of the
well(s). The number of well(s), depth of well(s),
location of well(s), and sampling of frequency shall
be approved by Cupertino.
D. Such monitoring devices and methods, as
approved by Cupertino, shall be installed and oper-
ating within six months of the issuance of a provi-
sional permit in accordance with subsection B of
Section 9.12.083 and subdivision 1 of subsection B
of Section 9.12.141. Cupertino may grant an exten-
sion of this compliance date; however, such exten-
sion shall not exceed one additional yeaz. The
full-tenor permit may be issued when compliance
with this subsection has been achieved. However, all
existing facilities shall be outfitted with a monitor-
ing system by January 1, 1985.
E. The continued use of and permit approval for,
existing storage facilities is subject to review and
modification or termination by Cupertino whenever
there has been any unauthorized dischazge. It shall
also be reviewed by Cupertino each time the permit
is renewed. In determining whether continued stor-
age in such storage facility is suitable, Cupertino
shall consider the age of the storage facility, the
methods of containment, the methods of monitoring,
the feasibility of the required retrofit, and concentra-
tion of the hazazdous materials contained, the severi-
ty of potential unauthorized discharge, and the suit-
ability of other long-term preventive measures which
meet the intent of this chapter. The owner shall
install a monitoring system capable of detecting
unauthorized releases.
F. Existing storage facilities which are not ap-
proved in accordance with this section must be
upgraded to comply with this chapter or be closed
in accordance with Section 9.12.033 within one year
of the decision not to issue afull-term permit. An
extension of time for compliance with this subsec-
tion, not to exceed one additional year, may be
granted by Cupertino. (Ord. 1253 (part), 1984: Ord.
1252 (part), 1983: Ord. 1244 (part), 1983: Ord.
1220 (part), 1983)
* It is anticipated that afollow-up task force will develop construc-
tion and monitoring standards for gases.
9.12.033 Out-of-service storage facilities.
A. No storage facility shall be abandoned.
B. Storage facilities which aze temporarily out
of service, and aze intended to be returned to use,
must continue to be monitored and inspected.
C. Any storage facility which is not being moni-
tored and inspected in accordance with this chapter
must be closed or removed in a manner approved by
Cupertino in accordance with Section 9.12.085.
D. Any person, firm or corporation having an
interest, including a leasehold interest, in real prop-
erty and having reason to believe that an abandoned
storage facility is located upon such property shall
make a reasonable effort to locate such storage
facility within six months of the effective date of the
ordinance codified in this chapter.
E. Whenever an abandoned storage facility is
located, a plan for the closing or removing or the
upgrading and permitting of such storage facility
shall be filed within ninety days of its discovery. A
closure plan shall conform to the standazds specified
in Section 9.12.085. (Ord. 1244 (part), 1983: Ord.
1220 (part), 1983)
9.12.034 Monitoring.
A. Monitoring Methods. Monitoring methods
shall include at least one system for detecting leak-
age from the primary container. A monitoring sys-
tem capable of detecting that the hazazdous material
stored in the primary containment has entered the
secondary containment shall be provided. Visual
inspection of the primary containment is the pre-
ferred method; however, other means of monitoring
may be required by Cupertino. Where secondary
containment may be subject to the intrusion of wa-
ter, ameans of monitoring for such water shall be
provided.
9.12.034
Whenever monitoring devices aze provided, they
shall where applicable, be connected to attention-
getting visual and/or audible alazms.
B. Monitoring, Testing and Inspection. Every
permittee under this chapter shall provide testing,
monitoring (if applicable), and inspections in com-
pliance with the Hazardous Materials Management
Plan and shall maintain records adequate to demon-
stratecompliance therewith. (Ord. 1244 (part), 1983:
Ord. 1220 (part), 1983)
9.12.035 Maintenance, repair or
replacement.
A. Permittee will carry out maintenance, ordi-
nary upkeep and minor repairs in a careful and safe
manner. No permit or other approval will be re-
quired for such maintenance and upkeep.
B. Any substantial modification or repair of a
storage facility other than minor repairs or emergen-
cy repairs shall be in accordance with plans to be
submitted to Cupertino and approved in accordance
with Section 9.12.085 prior to the initiation of such
work.
C. Permittee may make emergency repairs to a
storage facility in advance of seeking an additional
permit approval whenever an immediate repair is
required to prevent or contain an unauthorized dis-
charge or to protect the integrity of the containment.
However, within five working days after such emer-
gency repairs have been started, permittee shall seek
approval pursuant to Section 9.12.085 by submitting
drawings or other information adequate to describe
the repairs to Cupertino.
D. Replacement of any storage facility for haz-
ardous materials, which aze liquids or solids at STP,
must be in accordance with the new installation
standards of Section 9.12.031. (Ord. 1244 (part),
1983: Ord. 1220 (part), 1983)
9.12.036 Handling.
A. Dispensing and mixing of hazazdous materials
must not be done in such a manner as to substantial-
ly increase the risk of an unauthorized dischazge.
B. When hazardous materials are moved into or
out of a storage facility, they shall remain in the
travel path only for the time reasonably necessary
to transport the hazardous material and such move-
ment shall be in a manner which will not result in
an unauthorized discharge. (Ord. 1244 (part), 1983:
Ord. 1220 (part), 1983)
9.12.037 Secured facilities.
Access to the storage facility shall be secured by
means of fences and/or locks. The access to the
storage facilities shall be kept securely locked when
unattended. (Ord. 1244 (part), 1983: Ord. 1220
(part), 1983)
9.12.038 Emergency equipment.
Emergency equipment shall be provided which is
reasonable and appropriate for potential emergencies
presented by the stored hazardous materials. Such
equipment shall be regularly tested and adequately
maintained. (Ord. 1244 (part), 1983: Ord. 1220
(part), 1983)
9.12.039 Posting of emergency procedures.
Simplified emergency procedures shall be posted
conspicuously in locations where hazazdous materi-
als are stored. (Ord. 1244 (part), 19$3: Ord. 1220
(part), 1983)
HAZARDOUS MATERIALS
MANAGEMENT PLAN
9.12.040 Hazardous Materials
Management Plan (HMMP).
Each applicant for a permit pursuant to this chap-
ter shall file a written plan, for Cupertino's approv-
al, to be known as a Hazaddous Materials Manage-
ment Plan (H1VIl~~IP), which shall demonstrate the
safe storage and handling of hazardous materials.
The HMMP may be amended
cc~~ro~ s-~~ 222
9.12.041
for the HMMP where such information is reasonably
necessary to meet the intent of this chapter.
2. Requirements for information in the FIM1~~IP
may be waived where such information is not rea-
sonably necessary to meet the intent of this chapter.
3. Whenever permittee has submitted a plan
which includes substantially the same information
as is required for any component(s) of the HIVIlVIP
to any other public agency regulating hazardous
materials, such plan may be submitted to Cupertino
in lieu of such component(s). The City may give
deference to any approval of such plan by the other
public agency. (Ord. 1373 (part), 1986; Ord. 1244
(part), 1983: Ord. 1220 (part), 1983)
9.12.042 Short form HMMP-Minimal
storage site.
A. A facility shall qualify as a minimal storage
site if the quantity of each hazardous material stored
in one or more storage facilities in an aggregate
quantity for the facility is less than five hundred
pounds for solids, fifty-five gallons or less for liq-
uids or two hundred cubic feet or less at STP for
compressed gases.
B. The applicant for a permit for a facility which
qualifies as a minimal storage site may opt to file
the short form Hazardous Materials Management
Plan. Such plan shall include the following compo-
nents:
1. General application information;
2. A simple line drawing of the facility showing
the location of the storage facilities and indicating
the hazard class or classes and physical state of the
hazardous materials being stored and whether any
of the material is a waste;
3. Information describing that the hazardous
materials will be stored in a suitable manner and
will be appropriately contained, separated and moni-
tored;
4. Description of emergency equipment to be
maintained;
S. Assurance that the disposal of any hazardous
materials will be in an appropriate manner. (Ord.
1373 (part), 1986; Ord. 1244 (part), 1983: Ord.
1220 (part), 1983)
9.12.043 Supplemental requirements for
emergency response plans.
A. In addition to the HMMP requirements set
forth in this part, any person, firm or corporation
which handles a hazardous material or a mixture
containing a hazardous material which has a quanti-
ty at any one time during the reporting year equal
to, or greater than, a total weight of five hundred
pounds, or a total volume of fifty-five gallons, or
two hundred cubic feet at standard temperature and
pressure for compressed gas, shall establish and
implement a plan for emergency response to a re-
lease or threatened release of a hazardous material
pursuant to this section. Such plan, including the
Hazardous Materials Inventory Statement (HMIs)
described in Section 9.12.OS0 of this chapter, shall
comprise the "business plan" for purposes of Chap-
ter 6.95 of Title 20 of the California Health and
Safety Code. Filing of such plans shall be pursuant
to the provisions of Section 2SSOS of the California
Health and Safety Code.
For purposes of this section, in addition to the
materials regulated in Part II, "hazardous material"
means and includes those things specified in Section
2SS01(j), (k) and (1), and Section 2SS01.1 of the
Health and Safety Code.
B. Unless the facility qualifies as a minimal
storage site under Section 9.12.042, or is otherwise
exempt pursuant to Section 9.12.021, the following
information shall be provided:
1. Emergency response plans and procedures in
the event of a reportable release or threatened re-
lease of a hazardous material which shall include,
but not be limited to, the following:
a. Immediate notification to Cupertino, to Cen-
tral Fire Protection District, and to the State Office
of Emergency Services;
2. Procedures for the mitigation of a release or
threatened release to minimize any potential harm
or damage to persons, property, or the environment;
3. Evacuation plans and procedures for the
business site, including immediate audible notice
and warning to all persons on the site.
C. Training shall be provided for all new em-
ployees, and annual training, including refresher
2~:5 (Cupertino 5-96)
9.12.043
courses, for all employees in safety procedures to be
utilized in the event of a release or threatened re-
lease of a hazardous material. Such training shall
include, but not be limited to, familiarity with the
plans and procedures specified in this section. These
training programs may take into consideration the
technical and managerial responsibilities of each
employee.
D. Any business required to file a pipeline oper-
ations contingency plan in accordance with the
California Pipeline Safety Act of 1981 (Chapter 5.5
(commencing with Section 51010) of Part 3 of
Division 1 of Title 5 of the Government Code) and
the regulations of the Department of Transportation,
found in Part 195 of Title 49 of the Code of Federal
Regulations, may file a copy of those plans with the
City instead of filing an emergency response plan
specified in subsection A.
E. Any business operating a farm exempted by
paragraph (5) of subdivision (b) of Section 25503.5
of the California Health and Safety Code from filing
the information specified in subsections B and C
shall, notwithstanding this exemption, provide the
training programs specified in subsection C of this
section.
F. The City shall maintain records of all emer-
gency response plans and procedures received and
shall index them by street address and company
name. Such plans and revisions thereto shall be
available for public inspection during regular work-
ing hours, except for those portions of such plan,
including any maps of the facility as described in
Section 9.12.041, specifying the precise location
where hazardous materials are stored and handled
on-site. The City is required by California Health
and Safety Code Section 25506 to transmit copies
of the entire emergency response plan or any infor-
mation contained therein to any requested State or
local agency. (Ord. 1373 (part), 1986)
HAZARDOUS MATERIALS INVENTORY
9.12.050 Hazardous Materials Inventory
Statement.
A Hazardous Materials Inventory Statement
(HMIs) shall be filed annually with Cupertino in
accordance with this part. Any person, firm or cor-
poration which stores or handles any hazardous
material in an amount which is equal to or greater
than the quantities specified in subsection A of
Section 9.12.051 is required to file an HMIS. For
purposes of this part, in addition to the materials
regulated in Part II, "hazardous material" means and
includes those things specified in Section 25501(j),
(k) and (1) and Section 25501.1 of the Califomia
Health and Safety Code. Such person, firm or corpo-
ration shall amend the HMIS within thirty days of
the storage or handling of any hazardous material
not listed thereon but required to be listed by sub-
section A of Section 9.12.051, or of an increase of
one hundred percent or more in the quantity of a
previously disclosed material or an increase in the
quantity range or a change in business address,
ownership, or business name. (Ord. 1373 (part),
1986: Ord. 1244 (part), 1983: Ord. 1220 (part),
1983)
9.12.051 Information required.
A. Information shall be included in the HMIS
for each hazardous material or mixture containing
a hazardous material stored or handled in a facility
(aggregated over all such material stored in one or
more storage facilities) where the aggregate quantity
throughout the facility at any one time during the
reporting year is equal to or greater than five hun-
dred pounds in weight for solids, greater than
fifty-five gallons for liquids, or two hundred cubic
feet at standard temperature and pressure (STP) for
compressed gases.
B. The information in the HMIS shall include:
1. For nonwastes: The general chemical name,
common/trade name, major constituents for mix-
tures, the manufacturer, United Nations (UN) or
North America (NA) number, if available, and the
hazard class or classes and the Material Safety Data
cc~a~;oo s-~~ 226
9.12.051
Sheet (MSDS) or equivalent information as required
by Cupertino;
2. For wastes: The Department of Health Servic-
es manifest for wastes or equivalent information,
including the general chemical and mineral composi-
tion of the waste listed by probable maximum and
minimum concentration, and the hazard class or
classes;
3. A listing of the chemical name and common
names of every other hazazdous material or mixture
containing a hazazdous material handled by the
business which is not otherwise listed pursuant to
subsection B 1 or B2 of this section;
4. The maximum amount of each hazardous
material or mixture containing a hazardous material
disclosed in subsection B1, 2 and 3 which is han-
dled at any one time by the business over the course
of the yeaz;
5. Sufficient information on how and where the
hazazdous materials disclosed in subsection B1, 2
and 3 aze handled by the business to allow fire,
safety, health and other appropriate personnel to
prepare adequate emergency responses to potential
release of the hazardous materials;
6. The Standazd Industrial Classification (SIC)
Code number of the business, if applicable;
7. The name and twenty-four-hour phone num-
ber(s) of the person representing the business who
is able to assist emergency personnel in the event of
and emergency involving the business during non-
business hours.
C. The HMIS may report the amount of hazazd-
ous material under this section by ranges, rather
than a specific amount, pursuant to Section 9.12.041
A3aiii, as long as those ranges provide any informa-
tion necessary to meet the needs of emergency
rescue personnel, to determine the potential hazard
from a release of the materials, and meets the pur-
poses of the ordinance codified in this section.
D. The HMIS shall also include a cazcinogen
identification form which shall indicate the storage
of any quantity of any carcinogen listed in Sections
5208-5215 and Section 5219 of Title 8 of the
California Administrative Code, as amended. This
provision will be satisfied by the submittal to Cu-
pertino of a copy of the Carcinogen Registration
Form submitted to the California Department of
Industrial Relations in accordance with the cited
sections of Title 8 of the California Administrative
Code set forth in this subsection, as amended. (Ord.
1373 (part), 1986: Ord. 1244 (part), 1983: Ord.
1220 (part), 1983)
9.12.053 Public records.
The HMIS is a public record; however, the infor-
mation contained therein is subject to trade secret
protection pursuant to California Health and Safety
Code Section 25511. (Ord. 1373 (part), 1986: Ord.
1244 (part), 1983: Ord. 1220 (part), 1983)
RESPONSIBILITY
9.12.060 Reporting unauthorized
discharge.
A. Liquids and Solids at STP. As soon as any
person in chazge of a storage facility or responsible
for emergency response for a facility has knowledge
of any confirmed or unconfirmed unauthorized
discharge of a hazazdous material which is liquid or
solid at STP, such person shall take all necessary
steps to ensure the discovery and containment and
cleanup of such discharge and shall notify Cupertino
of the occurrence as required by this subsection.
1. Confirmed Unauthorized Dischazge.
a. Recordable Unauthorized Dischazge. Any
recordable unauthorized dischazge shall be contained
and safely disposed of in an appropriate manner by
permittee and such occurrence and the response
thereto shall be recorded in the permittee's monitor-
ing records. A recordable unauthorized dischazge is
any unauthorized dischazge of a hazazdous material
which meets all of the following criteria:
i. The dischazge is from a primary containment
to a secondary containment or to a rigid above-
ground surface covering capable of containing the
discharge until cleanup of the hazardous material is
completed; and
ii. The penmittee is able to adequately clean up
the dischazge before it escapes from such secondary
containment or such aboveground surface, but if the
227 (Cupertino 5-96)
9.12.060
cleanup requires more than eight hours, it becomes
a reportable dischazge in accordance with paragraph
b of subdivision 1 of subsection A of this section;
and
iii. There is no increase in the hazazd of fire or
explosion, nor is there any production of a flamma-
ble or poisonous gas, nor is there any deterioration
of such secondary containment or such rigid above-
ground surface; and
iv. An otherwise recordable unauthorized dis-
chazge does not need to be recorded if the discharge
is not the result of the deterioration or failure of the
primary container and the quantity dischazged is less
than one ounce by weight, and can be cleaned up
within fifteen minutes.
b. Reportable Unauthorized Dischazge. Any
unauthorized discharge which is not determined to
be recordable under paragraph a of subdivision 1 of
subsection A of this section, must be reported to
Cupertino immediately. The reporting party shall
provide information to Cupertino relating to the
ability of permittee to contain and dispose of the
hazardous material, the estimated time it will take
to complete containment and disposal, and the de-
gree of hazazd created. Cupertino may verify that
the hazardous material is being contained and appro-
priately disposed. Cupertino, at any time upon a
deternunation that permittee is not adequately con-
taining and disposing of such hazazdous material,
shall have the power and authority to undertake and
direct an emergency response in order to protect the
public health and/or safety.
2. Unconfirmed Unauthorized Discharge.
a. Indication of Loss in Inventory Records.
Whenever a material balance or other inventory
record indicates a loss of hazardous material, and no
unauthorized discharge has been confirmed by other
means, permittee shall have five working days to
determine whether or not there has been an unautho-
rized dischazge. If before the end of such period, it
is determined that there has been no unauthorized
discharge, an entry explaining the occurrence shall
be made in permittee's monitoring records. Where
permittee has not been able, within such period, to
determine that there has been no unauthorized dis-
chazge, an unauthorized dischazge is deemed con-
firmed and permittee shall proceed in accordance
with paragraph b of subdivision 1 of subsection A
of this section.
b. Test Results. Whenever any test results sug-
gest apossible unauthorized dischazge, and no unau-
thorized dischazge has been confinmed by other
means, the permittee shall have five working days
to retest. If second test results obtained within that
period establish that there has been no unauthorized
discharge, the results of both tests shall be recorded
in permittee's monitoring records. If it has not been
established within such period that there has been
no unauthorized dischazge, an unauthorized dis-
charge is deemed confirmed and pernuttee shall
proceed in accordance with paragraph b of subdivi-
sion 1 of subsection A of this section.
B. Gases at STP. Any person in chazge of a
storage facility or responsible for emergency re-
sponse for a storage facility, who has knowledge of
any unauthorized discharge of a hazazdous material
which is a gas at STP, must immediately report such
discharge to Cupertino if such dischazge presents a
threat of imminent danger to public health and safe-
ty
C. Office of Emergency Services. Cupertino
shall submit a written report to the office of emer-
gency services within ten working days from the
date that Cupertino is notified of an unauthorized
dischazge from an underground storage tank. (Ord.
1244 (part), 1983: Ord. 1220 (part), 1983)
9.12.061 Cleanup responsibility.
Any person, firm or corporation responsible for
storing the hazazdous material shall institute and
complete all actions necessary to remedy the effects
of any unauthorized dischazge, whether sudden or
gradual. Cupertino shall undertake actions to remedy
the effects of such unauthorized discharge itself,
only if it determines that it is reasonably necessary
under the circumstances for Cupertino to do so. The
responsible party shall be liable to reimburse Cuper-
tino for all costs incurred by Cupertino in remedy-
ing the effects of such unauthorized dischazge, in-
cluding the costs of fighting fires to the extent al-
cc~oo s-~~ 228
9.12.061
lowed by law. This responsibility is not conditioned
upon evidence of willfulness or negligence of the
party storing the hazardous material(s) in causing or
allowing such dischazge. Any responsible party who
undertakes action to remedy the effects of unautho-
rized dischazge(s) shall not be bazred by this chapter
from seeking to recover appropriate costs and ex-
penditures from other responsible parties except as
provided by Section 9.12.062. (Ord. 1244 (part),
1983: Ord. 1220 (part), 1983)
9.12.062 Indemnification.
The permittee shall indemnify, hold harmless and
defend Cupertino against any claim, cause of action,
disability, loss, liability, damage, cost or expense,
howsoever arising, which occurs by reason of an
unauthorized discharge in connection with
permittee's operations under this permit except as
arises from Cupertino's sole willful act or sole ac-
tive negligence. (Ord. 1244 (part), 1983: Ord. 1220
(part), 1983)
INSPECTIONS AND RECORDS
9.12.070 Inspections by Cupertino.
Cupertino may conduct inspections, at its discre-
tion, for the purpose of ascertaining compliance with
this chapter and causing to be corrected any condi-
tions which would constitute any violation of this
chapter or of any other statute, code, rule or regula-
tion affecting the storage of hazazdous materials.
Permittees are not required to disclose the identity
of hazazdous materials protected as trade secrets
pursuant to Section 9.12.053 to anyone other than
the official designated for that purpose pursuant to
subdivision 3 of subsection C of Section 9.12.053,
except in the case of an emergency response or an
unauthorized discharge related to the storage facility
in which the trade secret material is contained.
Therefore, permittee may put temporary coverings
over the labels of trade secret materials during the
course of Cupertino inspections conducted by other
than the City official so designated.
A. Right of Entry. Whenever necessary for the
purpose of investigating or enforcing the provisions
of this chapter, or whenever any enforcement officer
has reasonable cause to believe that there exists in
any structure or upon any premises, any condition
which constitutes a violation of this chapter, the
officers may enter such structure or premises at all
reasonable times to inspect it, or to perform any
duty imposed upon any of the respective officers by
law; provided, that if such structure or premises is
occupied, the officer shall first present proper cre-
dentials and request entry, and further provided, that
if such structure or premises is unoccupied, the
officer shall first make a reasonable attempt to con-
tact aresponsible person from such fu-m or corpora-
tion and request entry, except in emergency circum-
stances. If such entry is refused, the officer seeking
entry shall have recourse to every remedy provided
by law to secure entry.
B. Inspections by Cupertino-Discretionary. All
inspections specified in this section aze at the discre-
tion of Cupertino and nothing in this chapter shall
be construed as requiring Cupertino to conduct any
such inspection nor shall any actual inspection made
imply a duty to conduct any other inspection. Fur-
thermore, nothing in this chapter shall be construed
to hold Cupertino or any officer, employee or repre-
sentative of the City responsible for any damage to
persons or property by reason of making an inade-
quate or negligent inspection or by reason of any
failure to make an inspection or reinspection. (Ord.
1244 (part), 1983: Ord. 1220 (part), 1983)
9.12.071 Inspections by permittee.
The permittee shall conduct regulaz inspections
of its own facilities to assure compliance with this
chapter and shall maintain logs or file reports in
accordance with its Hazardous Materials Manage-
ment Plan. The inspector conducting such inspec-
tions shall be qualified to conduct such inspections.
(Ord. 1244 (part), 1983: Ord. 1220 (part), 1983)
9.12.072 Special inspections.
A. In addition to the inspections specified in
Sections 9.12.070 and 9.12.071, Cupertino may
require the periodic employment of special inspec-
tors to conduct an audit or assessment of permittee's
229 cc~~;~ s-~~
9.12.072
facility to make a hazardous material safety evalua-
tion and to determine compliance with the provi-
sions of this chapter.
B. The special inspector shall be a qualified
person or fum who shall demonstrate expertise to
the satisfaction of Cupertino.
C. The special inspection report shall include an
evaluation of the facilities and recommendations
consistent with the provisions of this chapter where
appropriate. A copy of the report shall be filed with
Cupertino at the same time that it is submitted to
permittee.
D. Permittee shall, within thirty days of the
report, file with Cupertino a plan to implement all
recommendations, or shall demonstrate to the satis-
faction of Cupertino why such recommendations
shall not be implemented. (Ord. 1244 (part), 1983:
Ord. 1220 (part), 1983)
9.12.073 Substituted inspections.
An inspection by an employee of any other public
agency may be deemed by Cupertino as a substitute
for any requirement of Section 9.12.072. (Ord. 1244
(part), 1983: Ord. 1220 (part), 1983)
9.12.074 Maintenance of records.
. All records required by this chapter shall be
maintained by the permittee for a period not less
than three years. The records shall be made avail-
able to Cupertino during normal working hours and
upon reasonable notice. (Ord. 1244 (part), 1983:
Ord. 1220 (part), 1983)
APPLICATION FOR PERMIT
9.12.080 Permit.
A. Any person, fu-m or corporation which stores
any hazardous material shall obtain and keep current
a Hazardous Materials Storage Permit issued pursu-
ant to this chapter. One such permit shall be issued
for a single facility. Additional approvals shall be
obtained for any storage facility thereafter connect-
ed, installed, constructed, repaired as required by
Section 9.12.035, substantially modified, replaced,
closed or removed, or for any change or addition in
hazardous materials stored, not in accordance with
the prior approval.
B. Notwithstanding the provisions of subsection
A of this section, permittee shall have thirty days to
apply for an additional approval for the storing of
a new or different hazardous material with the same
hazard class as stated on the existing permit approv-
als where such storage does not increase the hazard
of fire or explosion or the hazard of the production
of flammable or poisonous gas. Storage of new or
different hazardous materials, not meeting all of
these criteria, shall require the prior additional ap-
proval. (Ord. 1244 (part), 1983: Ord. 1220 (part),
1983)
9.12.081 Application for permit.
Application for a new, amended or renewed per-
mit or an additional approval shall be made to the
designated officer on the form provided by Cuperti-
no. In addition to the information required by such
form, applicant shall submit the Hazardous Materials
Management Plan required by Section 9.12.040 and
construction plans, if any, in conformity with Sec-
tion 9.12.030. Applicant shall specify the permit
quantity limit requested to be permitted for each
storage facility. (Ord. 1244 (part), 1983: Ord. 1220
(part), 1983)
9.12.082 Investigation.
The officer to whom an application for a new or
renewed permit is made may make such investiga-
tion of the applicant and the proposed facility or
activity as such officer deems necessary to carry out
the purposes of this chapter. (Ord. 1244 (part),
1983: Ord. 1220 (part), 1983)
9.12.083 Approval of permit-Provisional
permits.
A. A permit shall not be approved until the
issuing officer is satisfied that the storage approved
adequately conforms to the provisions of this chap-
ter.
B. If the officer to whom application has been
made fords that the proposal does not completely
conform to the provisions of this chapter, the officer
ccapeccno s-~> 230
9.12.083
may approve a provisional permit, subject to condi-
tions to be imposed by the officer, when such a
provisional permit is feasible and does not appeaz
to be detrimental to the public interest. The appli-
cant must be informed in writing of the reasons why
a full-term permit was not issued. (Ord. 1244 (part),
1983: Ord. 1220 (part), 1983)
9.12.084 Issuance and transfer of
perauts-Temporary permits.
A. Issuance. Upon the approval of a temporary,
provisional or full-tenor permit by the officer and
upon the payment of any applicable fee, the officer
shall issue and deliver the permit to the applicant.
Such permit shall contain the following information:
1. The name and address of the permittee for
purposes of notice and service of process;
2. The address of the facility for which the
permit is issued;
3. Authorization of the storage facility(s) ap-
proved under the permit, the permit quantity limit(s)
and the approved hazard class or classes for the
storage facility(s);
4. The date the permit is effective;
5. The date of expiration;
6. When applicable, a designation that the per-
mit is provisional or temporary;
7. Any special conditions of the permit.
B. Report to the State Water Resources Control
Board.
1. Cupertino will require its permit applicants
and permittees to fill out, in addition to forms re-
quired for Cupertino's own purposes under this
chapter, standardized forms based on the application
form and annual report form prepared by the State
Water Resources Control Boazd as specified by
California Health and Safety Code Section 25283.2,
and Cupertino will forwazd these forms to the State
Water Resources Control Board.
2. Where any of the information required on
such standardized forms is claimed by the permit
applicant or permittee to be a trade secret, the per-
mit applicant or permittee shall leave that portion of
the form submitted to Cupertino blank, except to
indicate the words "trade secret," and the permit
applicant or permittee shall thereafter, within ten
days of submitting the incomplete form to Cuperti-
no, submit the completed form including the trade
secret information directly to the State Water Re-
sources Control Boazd. Cupertino shall have no
obligation to protect as a trade secret, any infonma-
tion which is furnished to it for forwazding to the
State Water Resources Control Boazd on these stan-
dardized forms.
C. Records. The officer shall keep a record of
all permits issued and all conditions attached there-
to.
D. Transfer of Permits. The permit may be trans-
ferred to new owners of the same business only if
the new owners accept responsibility for all obliga-
tions under this chapter at the time of the transfer
of the business and document such transfer on a
form provided by Cupertino within thirty days of
transfer of ownership of the business. Such transfer
shall be subject to the approval of Cupertino.
E. Temporary Permits. A temporary permit for
storage may be issued where storage does not ex-
ceed thirty days and occurs no more frequently than
every six months. The containment standazds of
Sections 9.12.030 through 9.12.039, the Hazazdous
Materials Management Plan of Sections 9.12.040
through 9.12.043 and the inspection and records
requirements of Sections 9.12.070 through 9.12.074
may be modified as appropriate under these circum-
stances for the storage of hazardous materials on a
nonregulaz temporary basis. (Ord. 1244 (part), 1983:
Ord. 1220 (part), 1983)
9.12.085 Additional approvals.
A. When a request for an additional approval is
filed as required by Section 9.12.080, the procedures
set forth in this chapter for an application for a
permit shall also apply to an application for an
additional approval. Each application for an addi-
tional approval shall be accompanied by an appro-
priate amendment to the HMMP.
B. If the additional approval request is for clo-
sure of a storage facility, penmittee shall apply for
approval to close such storage facility not less than
thirty days prior to the termination of the storage of
231 (Cupertino 5-%)
9.12.085
hazardous materials at the storage facility. Such
closure shall be in accordance with a closure plan
which describes procedures for terminating the
storage of hazardous materials in each storage facili-
ty in amanner that:
1. Minimizes the need for further maintenance;
and
2. Controls to the extent that a threat to public
health or safety or to the environment from residual
hazardous materials in the facility is minimized or
eliminated; and
3. Demonstrates that hazardous materials that
were stored in the storage facility will be removed,
disposed of, neutralized or reused in an appropriate
manner. This thirty-day period may be waived by
Cupertino if there are special circumstances requir-
ing such waiver. (Ord. 1244 (part), 1983: Ord. 1220
(part), 1983)
9.12.086 Effective date and term.
A. A permit may be issued for a term of five
years, excepting provisional permits which may be
issued for any period of time up to six months and
temporary permits which may be issued for no
longer than thirty days.
B. No permit shall become effective until the
permit has been signed and accepted by the permit-
tee. Where the permittee is a company, firm or
corporation, the acceptance must be signed by a
person having the legal authority to bind the permit-
tee. (Ord. 1244 (part), 1983: Ord. 1220 (part), 1983)
9.12.087 Renewal.
Every application for the renewal of a permit or
extension of a provisional permit shall be made at
least thirty days prior to the expiration date of such
permit. If a timely application for renewal has been
submitted, the permit shall remain in effect until
Cupertino has made its determination pursuant to
Section 9.12.088 and any administrative appeal
pursuant to Sections 9.12.090 through 9.12.095 has
been exhausted. (Ord. 1244 (part), 1983: Ord. 1220
(part), 1983)
9.12.088 Determination.
Cupertino shall make a determination with regard
to any application for a permit, an additional ap-
proval or a renewal, .within ninety days from the
date that the application has been completed or
compliance with the appropriate provisions of the
California Environmental Quality Act (CEQA) has
been completed, whichever occurs later. This time
limit may be further extended by mutual agreement
between Cupertino and applicant; however, all exist-
ing facilities shall be outfitted with a monitoring
system by January 1, 1985. (Ord. 1253 (part), 1984:
Ord. 1244 (part), 1983: Ord. 1220 (part), 1983)
9.12.089 Fees.
Cupertino shall establish fees sufficient to recover
its costs in administering this chapter and no appli-
cation shall be accepted unless and until the fees
have been paid.
A. Delinquent Fees. All permit fees delinquent
for thirty days or more shall be subject to an addi-
tional charge to be determined by Cupertino which
shall be added to the amount of the fee collected.
B. Refund of Fees. No refund or rebate of a
permit fee shall be allowed by reason of the fact
that the permit is denied or the permittee discontin-
ues the activity or use of a facility prior to the expi-
ration of the term or that the permit is suspended or
revoked prior to the expiration of the term. (Ord.
1244 (part), 1983: Ord. 1220 (part), 1983)
DENIAL
9.12.090 Denial of application.
If the officer to whom application has been made
has cause to deny the application and determines
that it would not be feasible or in the public interest
to approve a temporary or provisional permit, then
the officer shall deny the application. (Ord. 1244
(part), 1983: Ord. 1220 (part), 1983)
9.12.091 Grounds for denial.
A permit shall be denied if the applicant fails to
demonstrate adequate conformity to the provisions
of this chapter. In addition, a penmit can be denied
cc~~;oo s-~~ 232
9.12.091
for any of the grounds upon which the permit would
be subject to revocation pursuant to Article X. (Ord.
1244 (part), 1983: Ord. 1220 (part), 1983)
9.12.092 Transmittal of decision.
The decision to deny the application shall be
given to the applicant in writing, setting forth the
findings upon which the decision is based. (Ord.
1244 (part), 1983: Ord. 1220 (part), 1983)
9.12.093 Appeal to City Manager or
designee.
Within thirty days from the date of deposit of the
decision in the mail in accordance with Section
9.12.111, the applicant may appeal in writing to the
City Manager or designee setting forth with particu-
larity the ground or grounds for the appeal. (Ord.
1244 (part), 1983: Ord. 1220 (part), 1983)
9.12.094 Hearing on appeal.
The City Manager or designee shall set a time
and place for the hearing on the appeal and shall
notify the applicant, in writing, of such date and
time, not later than ten working days from the date
the appeal was received by the City Manager or
designee. The hearing shall be conducted within
thirty days from the date the appeal was received by
the City Manager or designee. (Ord. 1244 (part),
1983: Ord. 1220 (part), 1983)
9.12.095 Disposition of appeal.
After the hearing on the appeal, the City Manager
or designee may refer the matter back to the origi-
nating officer for a new investigation and decision,
may affuTn the decision of the originating officer,
may approve a provisional permit as provided in
subsection B of Section 9.12.083 or may approve
the application with or without conditions. The
decision of the City Manager or designee shall be
the final administrative determination and is subject
to judicial review. (Ord. 1244 (part), 1983: Ord.
1220 (part), 1983)
REMEDIAL ACTION
9.12.100 Grounds for remedial action.
A permit may be subjected to remedial action for
any of the following causes, arising from the acts or
omissions of the permittee, either before or after a
permit is issued:
A. Fraud, willful misrepresentation, or any wil-
lful, inaccurate or false statement in applying for a
new or renewed permit;
B. Fraud, willful misrepresentation, or any will-
ful, inaccurate or false statement in any report re-
quired by this chapter;
C. Failure to abate, correct or rectify any non-
compliance within the time specified in the notice
of noncompliance;
D. Failure to correct conditions constituting an
unreasonable risk of an unauthorized dischazge of
hazazdous materials within a reasonable time after
notice from a governmental entity;
E. Failure to abide by the remedial action im-
posed by Cupertino. (Ord. 1244 (part), 1983: Ord.
1220 (part), 1983)
9.12.101 Notice of noncompliance.
Unless the City Manager or designee finds that
an immediate suspension under Section 9.12.103 is
necessary to protect the public health or safety from
imminent danger, the officer shall issue a notice of
noncompliance for failure to comply with the provi-
sions of this chapter, any permit conditions or any
provisions of the Hazardous Materials Management
Plan prior to taking remedial action on the grounds
of subsection C of Section 9.12.100. Such notice
shall be sent by certified mail to permittee. If the
noncompliance is not abated, corrected or rectified
within the time specified, remedial action may be
taken. (Ord. 1244 (part), 1983: Ord. 1220 (part),
1983)
9.12.102 Notice of hearing.
A notice of hearing shall be given to the permit-
tee by the City Manager or designee in writing,
setting forth the time and place of the hearing, the
ground or grounds upon which the remedial action
233 (cupertino s-~~
9.12.102
is based, the pertinent code section or sections, and
a brief statement of the factual matters in support
thereof. The notice shall be given at least fifteen
days prior to the hearing date. (Ord. 1244 (part),
1983: Ord. 1220 (part), 1983)
9.12.103 Suspension prior to hearing.
Whenever the City Manager or designee fords
that suspension of a permit prior to a hearing for
remedial action is necessary to protect the public
health or safety from imminent danger, the City
Manager or designee may immediately suspend any
permit pending the hearing for remedial action. The
City Manager or designee shall immediately notify
the permittee of such suspension by having a written
notice of the suspension personally served on the
permittee. Permittee shall have the opportunity for
a preliminary hearing with regard to such preheating
suspension within three working days of receiving
written notice of such suspension. (Ord. 1244 (part),
1983: Ord. 1220 (part), 1983)
9.12.104 Remedial action.
A. If the City Manager or designee, after the
hearing, fords that cause exists for remedial action,
the City Manager or designee shall impose one or
more of the following:
1. A warning;
2. An order to correct the particular noncompli-
ance specified in the notice issued pursuant to Sec-
tion 9.12.101;
3. A revocation of the permit for the facility or
for a storage facility and approval of a provisional
permit;
4. Suspension of the permit for the facility or
for a storage facility for a specified period not to
exceed six months;
5. Modification or addition of conditions of the
permit;
6. Revocation of the permit with no reapplica-
tion permitted for a specified period not to exceed
five years.
B. If the grounds for remedial action are based
on subsections C, D or E of Section 9.12.100 and
if such grounds aze limited to one storage facility,
the remedial action taken shall be limited to that
storage facility. (Ord. 1244 (part), 1983: Ord. 1220
(part), 1983)
9.12.105 Transmittal of decision.
Within ten days of the hearing the City Manager
or designee shall render a written opinion, stating
the fmdings upon which the decision is based and
the action taken, if any. The decision of the City
Manager or designee shall be the final administra-
tive determination and is subject to judicial review.
(Ord. 1244 (part), 1983: Ord. 1220 (part), 1983)
9.12.106 Authority after suspension,
revocation or expiration.
The suspension, revocation or expiration of a
permit issued under this chapter shall not prevent
any proceedings to investigate such permit, any
remedial action against such permittee or any pro-
ceeding against such permittee. (Ord. 1244 (part),
1983: Ord. 1220 (part), 1983)
9.12.107 Return of permit.
In the event that a permit issued under the provi-
sions of this chapter is suspended or revoked, the
permittee shall forwazd it to the issuing officer not
later than the end of the third business day after
notification of such suspension or revocation. (Ord.
1244 (part), 1983: Ord. 1220 (part), 1983)
HEARING PROCEDURE
9.12.110 Hearing rules.
In any hearing under this chapter, all parties
involved shall have the right to offer testimonial,
documentary and tangible evidence bearing on the
issues, to be represented by counsel, and to confront
and cross-examine any witnesses against them. Any
hearing under this chapter may be continued by the
person conducting the hearing for a reasonable time
for the convenience of a party or a witness. (Ord.
1244 (part), 1983: Ord. 1220 (part), 1983)
9.12.111 Hearing notices.
All notices required by this chapter shall be sent
~c~ro~ s~~ 234
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 dollazs 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 awazded,
damages shall include costs and attorney's fees. The
court may awazd 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)
MISCELLANEOUS
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 discharge 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-
ministrative decision lawfully made under this chap-
ter. All persons handling, storing, using, processing
and disposing of hazardous materials within Cuperti-
no should be and aze 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-
charge of hazardous materials. (Ord. 1244 (part),
1983: Ord. 1220 (part), 1983)
235 (Cuperrino 5-96)
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)
9.12.134 Severability.
If any section, subsection, sentence, clause or
phrase of this chapter is for any reason held to be
invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of
the chapter. The City Council declazes that it would
have passed this chapter and each and every section,
subsection, sentence, clause or phrase not declared
invalid or unconstitutional without regazd to whether
any portion of the chapter would be subsequently
declared invalid or unconstitutional. (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 Hazaddous 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 hazazdous
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 indefinite 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)
ccapudno s-%> 236
9.18.010
Chapter 9.18
NONPOINT SOURCE POLLUTION AND
WATERCOURSE PROTECTION*
to creeks and channels, eventually discharging into
the South San Francisco Bay. (Ord. 1598 § 1 (part),
1992)
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.
9.18.140 Severability.
'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 Dischazge Elimination System permit
issued by the California 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
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 discharge from land which results or probably
will result in a discharge into watercourses. Such
discharges 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 stormwater runoff into
watercourses. The major pollutants of concern in
these discharges are heavy metals, sediments, petro-
leum hydrocarbons, organochlorine, pesticides and
tOXICS.
5. "NPDES permit" means a National Pollution
Discharge Elimination System permit issued by the
Regional Water Quality Control Boazd, 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 Clara, special purpose districts, and any offi-
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
2371241 (c~pertino s-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 shad 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. 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 (Cupertino 5-96)
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 Boulevazd 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 Boulevazd and a point 600 feet north
of Rodrigues Avenue
Blaney Avenue West Between Bollinger Road and a point 550 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
cc~~oo s-~~ 314
TABLE 11.24.:150 (Continued)
Sides of
Street Street Portion
Bollinger Road North Between a point 140 feet east of Fazallone Drive and a point
450 feet ~~+est of Blaney Avenue
Bubb Road Both Between :McClellan Road and Stevens Creek Boulevard
Bubb Road East Between :McClellan Road and a point 550 feet south thereof
Christensen Drive South Between .Ann Arbor Avenue and Stelling Road
Cristo Rey Drive Both Between she easterly City limits and the northwesterly termi-
nus
De Anza East Between ]3ollinger Road and Pacifica Drive
Boulevard
De Anza East Between ;i point 450 feet north of Stevens Creek Boulevard
Boulevard and a povit 1,025 feet south thereof
De Anna East Lazaneo Drive to the northerly City limits
Boulevard
De Anza West Between Bollinger Road and a point 700 feet north of
Boulevard Homestead Road
Empire Avenue West Between 1Jniversity Way and Grand Avenue
English Oak Way East Between P~Iajestic Oak Way and a point 400 feet north there-
of
Finch Avenue East Between :>tevens Creek Boulevazd and + 400 feet south of
Sorensen Avenue
Foothill Boulevard East Between a. point 300 feet south of Sorenson Avenue and a
point 250 feet south thereof
Foothill Boulevazd East Between Stevens Creek Boulevazd and a point 320 feet north
of Salem Avenue
Foothill Boulevazd East Between a. point 490 feet north of Salem Avenue and Vista
Knoll Boulevard
Foothill Boulevazd East Between S;tazling Drive and Freeway 280
315 ccu~rooo s-~~
TABLE 11.24.150 (Continued)
Sides of
Street Street Portion
Foothill Boulevazd West Between Stevens Creek Boulevazd and Vista Knoll Boule-
vazd
Forest Avenue North Between the centerline of (west) Vista Drive to (east) Vista
Drive
Franco Court Both Between Homestead Road southerly to the southern terminus I!
Grand Avenue North Between Peninsula Avenue and Santa Claza Avenue
Grand Avenue North Between Santa Clara Avenue and Empire Avenue
Hillcrest Road Both Between Crescent Road and the northerly terminus of
Hillcrest Road
Homestead Road South Between Foothill Boulevazd and a point 100 feet east of
Lucky Oak and thence from Barranca Drive and the east
City limits, all portions currently or hereafter within the City
limits
Homestead Road South Between a point 200 feet west of Maine Drive and the east
City limits, all proions currently or hereafter within the City
limits
Homestead Road North Between a point 1,300 feet west of a point 550 feet east of
De Anza Boulevard
Kim Street West Between Bollinger Road and Kirwin Lane
Lazaneo Drive Boih Between De Anna Boulevazd and Bandley Dr.
Lazaneo Drive North Between a point 370 feet west of (west) Vista Drive center-
line
Lazaneo Drive South Between a point 420 feet west of (west) Vista Drive
Lubec Street Both Between Mary Avenue and Anson Avenue
Lucille Avenue North Between Villa De Anza Avenue and a point 150 feet west of
Larry Avenue
Majestic Oak Way South Between California Oak Way and English Oak Way
ca~N~ s-~~ 316
TABLE 11.24.160 (Continued)
Street Hours Sides of Street Portion Exceptions
Valley Green Drive 8 a.m. to 4 p.m. Both Between Beardon Avenue Sundays and Holidays
and De Anna Boulevard
Valley Green Drive 8 a.m. to 2 p.m. South & West
Between Stelling Road and Monday, Tuesday,
Beardon Drive Wednesday, Friday,
Saturday, Sunday and
Holidays
Vista Drive 2 p.m. to 3 p.m. West
Between Apple Tree lane and Holidays and Sundays
a point 200 feet southerly
320-3 (c~putino s-~)
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.
14.18.240 Severability.
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 fords 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 hazards and the risk of landslides;
E. Counteract air pollutants by protecting the
known capacity of trees to produce pure oxygen
from carbon 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 care and removal of
specimen and heritage trees within the City in order
to retain as many trees as possible, consistent with
the individual rights to develop, maintain and enjoy
private and public property to the fullest possible
extent.
Specimen and heritage trees are considered a
valuable asset to the community. The protection of
such trees in all zoning districts including residential
zones is intended to preserve this valuable asset.
(Ord. 1573 § 2, 1991: Ord. 1543 § 2, 1991)
14.18.020 Definitions.
Unless otherwise stated, the following definitions
pertain to this chapter.
A. "City" means the City of Cupertino situated
in the County of Santa 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
37f1-1 cc„~~;oo s-~>
14.18.020
(Quercus lobata) and California Live Oak (Quercus
agrifolia).
E. "Owner" shall include the legal owner of real
property within the City, and any lessee of such
owner.
F. "Person" shall include an individual, a fum,
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,
retazding, 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 aze 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)
~c~ab~ s~> 378-2
14.18.090
14.18.090 Application to remove.
If an application for heritage tree removal is
submitted, the request shall be forwazded to the
Planning Commission for review and approval. It is
the applicant's responsibility to provide supporting
documents as requested by staff or the Planning
Commission. (Ord. 1630 (part), 1993: Ord. 1543 §
4.8, 1991)
14.18.100 Notice list to accompany
application.
The applicant shall provide with the application
a list of names of all persons owning and/or occupy-
ing real property located within three hundred feet
of the property involved in the application. Where
a property is a multifamily dwelling with more than
four units, the name of the building manager will be
supplied on the list. Notice of the Planning Commis-
sion hearing will be mailed to the names on the list.
(Ord. 1630 (part), 1993: Ord. 1543 § 4.9, 1991)
14.18.110 Appeal.
An appeal of the Planning Commission's decision
may be submitted to the City Council, in care of the
City Clerk within five working days of the decision.
No tree shall be removed until the appeal process
has been concluded. (Ord. 1630 (part), 1993; Ord.
1573 § 4.10, 1991: Ord. 1543 § 4.10, 1991)
14.18.120 Permit required for removal.
Except as provided in Section 14.18.140, no
person shall directly or indirectly remove or cause
to be removed any specimen or heritage tree as
herein defined, within the City limits, without fast
obtaining a permit to do so in accordance with the
procedures set forth in this chapter. (Ord. 1543 §
5.1, 1991)
14.18.130 Enforcing authority.
The Director of Community Development, or
his/her authorized representative, shall be chazged
with the enforcement of this chapter. (Ord. 1543 §
6.1, 1991)
14.18.140 Exemptions.
This chapter does not apply to the following:
A. Removal in case of emergency caused by the
hazardous or dangerous condition of a tree, requir-
ing immediate action for the safety of life or proper-
ty (e.g., a tree about to topple onto a principle
dwelling due to heavy wind velocities). A subse-
quent application for tree removal must be filed
within five working days as described in Sections
14.18.150 - 14.18.170 of this chapter.
B. Removal of all deciduous, fruit-bearing trees.
C. An approval for the removal of any tree
granted by virtue of a zoning, use permit, variance,
tentative map, or Planning Commission application
approval.
D. Removal of any tree in a developed residen-
tial single-family, residential duplex, agricultural
residential, and residential hillside zoning district,
except heritage or specimen oak trees.
E. Public utility actions, under the jurisdiction
of the Public Utilities Commission of the State of
California; as may be necessary to comply with their
safety regulations, or to maintain the safe operation
of their facilities. (Ord. 1715 (part), 1996; Ord. 1630
(part), 1993; Ord. 1543 § 7.1, 1991)
14.18.150 Application for permit.
A. Applications for specimen or heritage tree re-
moval permits shall be filed with the Department of
Community Development on forms prescribed by
the Director of Community Development and shall
state the number and location of the trees to be
removed, and the reason for removal of each.
B. Applications for heritage tree removal shall
be referred to the Planning Commission for final re-
view and approval in accordance with Sections
14.18.090, 14.18.100 and 14.18.110. Requests shall
be reviewed pursuant to Section 14.18.110. (Ord.
1630 (part), 1993; Ord. 1573 § 8.1 (part), 1991:
Ord. 1543 § 8.1 (part), 1991)
14.18.160 Director to inspect.
Upon receipt of an application for removal of a
specimen tree, the Director of Community Develop-
ment or his/her authorized representative will, within
3'~8-3 cc~~oo s-~~
14.18.160
fourteen days, inspect the premises and evaluate the
request pursuant to Section 14.18.180 of this chap-
ter. Priority of inspection shall be given to those re-
quests based on hazazd or danger of disease. The
Director of Community Development may refer any
such application to another department or to the
Planning Commission or an appropriate committee
of the City for a report and recommendation. Where
appropriate, the Director of Community Develop-
ment may also require the applicant, at his own
expense, to furnish a report from astaff-approved
arborist, certified by the Intennational Society of
Arboriculture. Applications for tree removal may be
granted, denied, or granted with conditions. The
Director of Community Development may, as a
condition of granting a permit for removal of a
specimen tree, require the applicant to replant or
replace a tree with more than one tree when justified
to replace lost tree canopy. (Ord. 1573 § 8.1 (part),
1991: Ord. 1543 § 8.1 (part), 1991)
14.18.170 Review of application.
A request for removal of any heritage or speci-
men tree protected by a condition of approval asso-
ciated with a zoning, tentative map, use permit,
variance and azchitectural and site approval applica-
tion may be approved by the Director of Communi-
ty Development if deemed unsafe or diseased. The
Director of Community Development may also
require the applicant, at his own expense, to furnish
a report from astaff-approved azborist, certified by
the International Society of Aboriculture. If removal
is requested for any other reason, the application
shall be referred to the Planning Commission which
originated the condition. Notice of any public heaz-
ing under this chapter shall be given in the same
manner as provided in Chapter 19.116 of this code.
(Ord. 1715 (part), 1996; amended during 12/93
supplement: Ord. 1630 (part), 1993: Ord. 1543 §
8.1(part), 1991)
14.18.180 Review standards.
Each request for tree removal shall be evaluated
based upon the standards listed under subsections A
and B below. Approval of a permit to remove a
specimen or heritage tree may be granted if one or
both of the standards is met.
A. That the tree or trees are irreversibly dis-
eased, are in danger of falling, can cause potential
damage to existing or proposed essential structures,
or interferes with private on-site utility services;
B. That the location of the trees restricts the
economic enjoyment of the property by severely
limiting the use of property in a manner not typical-
ly experienced by owners of similazly zoned and
situated property. (Ord. 1573 § 9.1, 1991: Ord. 1543
§ 9.1, 1991)
14.18.190 Protection during construction.
Specimen, heritage trees and other trees required
to be retained by virtue of a zoning, subdivision, use
permit, variance, or Architectural and Site Approval
Committee application approval, and all trees pro-
tected by this chapter shall be protected during
demolition, grading and construction operations.
(Ord. 1543 § 10.1, 1991)
14.18.200 Protection plan before permit
granted.
A. A plan to protect trees described in Section
14.18.190 shall be submitted to the Director of
Public Works and to the Director of Community
Development prior to issuance of a demolition,
grading or building permit. The plan shall be pre-
pared and signed by a licensed landscape architect
or azborist certified by the International Society of
Arboriculture and shall be approved by the Director
of Community Development. The Drector of Com-
munity Development shall evaluate the tree protec-
tion plan based upon the tree protection standazds
contained in Appendix A at the end of this chapter.
B. The Director of Community Development
may waive the requirement for a tree protection plan
both where the constriction activity is determined
to be minor in nature (minor building or site modifi-
cation in any zone) and where the proposed activity
will not significantly modify the ground area within
the drip line or the azea immediately surrounding
the drip line of the tree. The Director of Community
Development shall determine whether the construc-
cc~,~~ s-~~ 378-4
14.18.200
tion activity is minor in nature and whether the
activity will significantly modify the ground azea
azound 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)
3''8-4a ccti~no s-~~
17.16.010
Chapter 17.16
EXEMPT SIGNS
Sections:
17.16.010 Certain signs exempt from
permit requirements.
17.16.010 Certain signs exempt from permit
requirements.
The following signs do not require a permit from
the City, providing they comply with the following
regulations:
A. Directory Signs. Directories located within
the interior of a project which aze not oriented to a
public street;
B. Gazage Sale Signs. Garage sale signs subject
to the limitations in Section 17.32.030 and Chapter
5.16 of this code;
C. Governmental Signs. Governmental signs for
control of traffic and other regulatory purposes,
street signs, danger signs, railroad crossing signs,
and signs of public service companies indicating
danger and aids to service or safety;
D. Identification Signs. Identification signs for
a business or profession which are not illuminated,
and which are less than two squaze feet in area,
located on portions of a building, shopping mall or
office complex;
E. Information Signs. Informational or direction-
al signs which aze located entirely on the property
to which they pertain, do not advertise a particular
business, and are less than four square feet in area;
F. Temporary Political Signs. Temporary politi-
cal signs subject to the limitations in Section
17.32.040;
G. Public Notices. Public notices or posters as
legally required by a government agency;
H. Residential Real Estate Signs. Real estate for
sale/for lease/for rent signs, subject to the limitations
in Section 17.32.060;
I. Sale, Rent or Leasing Signs. Sale, rent or
leasing signs subject to the limitations in Section
17.32.070;
J. Street Address Numbers. Address numbers in
all districts, providing they are not meant as an
advertising mechanism;
K. Symbols or Insignias. Symbols or insignias,
commemorative plaques of recognition and identifi-
cation emblems of religious orders or historical
agencies, provided that such signs aze placed on or
cut into the building, aze not internally illuminated,
and do not exceed four square feet in azea; and
L. Window Signs. Window signs subject to the
limitations in Sections 17.24.090 and 17.32.100.
One "OPEN" sign not exceeding two square feet
and of any material may be placed in a window
without penalty towazds window coverage limita-
tions.
M. Bus Shelter Signs. Signs installed in Santa
Clara County Transit Agency bus shelters. (Ord.
1720 (part), 1996; Ord. 1624 (part), 1993)
489 cctiarono s-~>
17.20.010
Chapter 17.20
PROHIBITED SIGNS
Sections:
17.20.010 Prohibited signs designated.
17.20.010 Prohibited signs designated.
The following signs are not permitted in the City:
A. Advertising Statuary;
B. Animated Signs. Animated signs except for
banners, flags, pennants and balloons permitted on
a temporary basis as regulated in Chapter 17.32, and
electronic readerboazd signs as permitted in Section
17.24.150;
C. Audible Signs. Advertising displays which
emit audible sound, odor or visible matter;
D. Off-site Signs. Any off-site sign except as
may be permitted in Chapter 17.32;
E. Portable Signs;
F. Roof Signs. Any permanent roof sign;
G. Traffic Conflict Signs. Signs which because
of color, wording, design, location or illumination
resemble or conflict with any traffic-control device
or with the safe and efficient flow of traffic;
H. Vehicle Signs. The pazking of any vehicle or
trailer, on either public or private property which is
visible from a public right of-way, which has af-
fixed to it a sign which is intended to attract or
direct customers to a business on or neaz the proper-
ty is prohibited. This subsection is not intended to
apply to standard advertising or identification prac-
tices where such advertising displays are painted on
or permanently attached to a business or commercial
vehicle which is actively being used by the business
unless the vehicle is in violation of the parking
ordinance. (Ord. 1624 (pazt), 1993)
(Cupertino 5-96) 490
17.32.010
Chapter 17.32
TEMPORARY SIGNS-REGULATIONS
sidewallc, bike lane, curb, gutter, or bike path. As a
general rule, off-site signs may be placed in land-
scaped azeas adjacent to public sidewalks. (Ord.
1624 (part), 1993)
Sections:
17.32.010 Temporary signs-Location.
17.32.020 Flags.
17.32.030 Garage sale signs.
17.32.040 Temporary political signs.
17.32.050 Project announcement signs.
17.32.060 Residential real estate
signs.
17.32.070 Sale, rent or leasing signs.
17.32.080 Subdivision directional
signs.
17.32.090 Temporary special event
signs and promotional
devices.
17.32.100 Window signs.
17.32.110 Summary of regulations for
temporary signs.
17.32.120 Beverage container recycling
signs.
17.32.010 Temporary signs-Location.
A. Unless otherwise specified, all temporary
signs shall be located entirely on the site for which
the use is advertised subject to Section 17.24.080
and 17.24.120.
B. No signs shall be placed on any public utility
pole, equipment or structure.
C. Where off-site signs aze permitted the follow-
ing criteria are required unless otherwise specified:
1. Each sign is limited to four squaze feet per
side;
2. Off-site signs shall not be located on private
property without written consent of the property
owner; and
3. Signs shall not in any way restrict the safe
vision of any vehicular or pedestrian traffic or ob-
struct any public directional or safety sign or other
sign permitted by the City. Signs over three feet in
height shall not be located within a corner triangle
or sidewalk site triangle. Signs shall not be located
in a street, median, island, shoulder, drainage swale,
17.32.020 Flags.
A. Special-event flags and streamers may be
permitted on a temporary basis in all commercial
districts in conjunction with a grand opening or
special promotional activity. Flags will also be
permitted in residential zones to identify model
homes which aze part of a new development.
B. No special-event flag may be higher than
twenty feet above ground level.
C. No more than two flag poles shall be permit-
ted for each model home for a maximum of one
yeaz.
D. The number of flags or streamers permitted
for a commercial activity shall be subject to the
approval of the Director in conjunction with a com-
prehensive plan for the special-event promotion.
Flags and streamers may be permitted for a
two-week period. (Ord. 1624 (part), 1993)
17.32.030 Garage sale signs.
A. Signs advertising a bona fide gazage sale
activity, as defined in Chapter 5.16 of the Cupertino
Municipal Code, shall be permitted which aze less
than eight square feet in azea and six feet in height.
These signs aze to be located on the property where
the sale is being conducted subject to the restrictions
stated in Subsections 17.32.010(A) and
17.32.010(B).
B. Three additional off-site signs may be per-
mitted subject to the restrictions stated in Subsec-
tions 17.32.010(B) and 17.32.010(C).
C. Gazage sale signs may be posted twenty-four
hours prior to the event, but must be removed by
sunset the last day of the sale.
D. No approval is required for such signs; how-
ever, the time limits of the sale shall be subject to
Chapter 5.16 of this Municipal Code. (Ord. 1624
(part), 1993)
~t97 cc~,~;oo s-~~
17.32.040
17.32.040 Temporary political signs.
A. Location. Notwithstanding the provisions of
Section 17.32.010 regulating temporary signs, tem-
porary political signs shall be permitted in all zones
of the City including public rights-of--way within the
City of Cupertino.
B. Duration and Removal. A temporary political
sign may be erected not more than ninety days prior
to the day of the election to which it relates, and
shall be completely removed not later than twelve
days after the date of such election. Notwithstanding
the preceding time provision, if the Director fords
that any temporary political sign otherwise permitted
is an immediate peril or menace to pedestrian or
vehicular traffic, or to the health or safety of any
person, the Director may cause it to be summarily
removed. (Ord. 1655 (part), 1994: Ord. 1624 (part),
1993)
17.32.050 Project announcement signs.
A. New projects under construction, including
subdivisions of five units or more, may be permitted
signs which state the name of the project and/or the
contractors and developers involved with its con-
struction. Such signs shall be subject to the approval
of the Director.
B. No more than two freestanding signs contain-
ing the name of the project, the owner, address and
telephone number, leasing information, dates of
anticipated completion and a listing of the contrac-
tors involved in the project are permitted for each
project.
C. Each sign shall be no larger than thirty-two
square feet per side and no taller than six feet in
height.
D. Project announcement signs may be permitted
for a maximum of one year or until all of the units
are sold, whichever comes first. Extensions may be
granted by the Director if the project has not been
completed. (Ord. 1624 (part), 1993)
17.32.060 Residential real estate signs.
A. Real estate signs shall be permitted in all
zones for the purpose of announcing house sales,
rentals and open houses.
B. On-Site Requirements. Each parcel with a
unit for sale is permitted one sign per street front-
age, with a maximum of two signs per parcel. Only
one sign may be building-mounted. Each sign is
limited to four square feet per side. Freestanding
signs shall not exceed six feet in height and shall be
subject to the requirements stated in Section
17.32.010.
C. Off-Site Signs Announcing House Sales or
Rentals. Signs located off site announcing house
sales or rentals are subject to the same requirements
as on-site signs as stated in Section 17.32.060B and
Section 17.32.110.
D. Off-Site Open House Signs. Each parcel with
a unit for sale is permitted a maximum of three
open house signs subject to the requirements stated
in Section 17.32.010.
E. All open house signs shall be removed by
sunset. (Ord. 1720 (part), 1996; Ord. 1624 (part),
1993)
17.32.070 Sale, rent or leasing signs.
A. Sale, rent or leasing signs shall be permitted
in all zones except residential zones. Signs for resi-
dential zones are stated in Section 17.32.060 of this
chapter.
B. Such signs may include the name of the real
estate agent or owner, the address, phone number
and any other pertinent information.
C. Each parcel shall be allowed to display one
sale/rent/lease sign on each public street frontage.
Each sign face shall be limited to thirty-two square
feet, with a maximum of two faces per sign. Each
sign shall be limited to a height of six feet. "V"
shaped signs are prohibited.
D. A building mounted sale/rent/lease sign may
be used in lieu of a freestanding sale/rent/lease sign.
One building mounted sign may be placed on each
building elevation facing an adjacent public street;
provided, that a freestanding sale/rent/lease sign as
described in subsection C of this section is not
displayed concurrently on that public street frontage.
Such sign shall be restricted to thirty-two square feet
of face area, and shall be located and displayed in
accordance with the provisions of Section 17.24.080
cCLperano 5-96) 498
17.32.070
of this title regazding clearance, obstruction and
roof-line line level.
E. Signs for purposes of sale, rent or lease shall
be permitted for display off site. Display of such
off-site signs shall be confined to private property,
subject to the approval and cooperation of the prop-
erty owner upon whose property the off-site sign is
to be located. Such off-site signs shall be limited to
one sign per street frontage, with a maximum of two
signs per off-site parcel. Such off-site signs shall
have a maximum of two faces, and shall not exceed
thirty-two squaze feet in area per face, nor exceed
a height of six feet. The location of such off-site
signs is subject to Section 17.32.010.
F. For sale/rent/lease signs may be installed up
to thirty days prior to any tenant vacancy. Immedi-
ately following the close of sale, rent or lease of the
space or building the sale, rent or lease sign shall be
removed.
G. For sale/rent/lease signs may not reasonably
obstruct the visibility of any permanent ground sign.
(Ord. 1720 (part), 1996; Ord. 1624 (pazt), 1993)
17.32.080 Subdivision directional signs.
A. Subdivision directional signs for develop-
ments within the City may be permitted in all zones
other than residential, to direct customers along the
most direct route through the City. Subdivisions not
in Cupertino shall not be permitted subdivision
directional signs.
B. A total of three such signs per subdivision
shall be permitted within the City as determined by
the Director.
C. Each sign shall not exceed six feet in height
and thirty-two squaze feet in azea and have no more
than two sign surfaces. "V" shaped signs are prohib-
ited.
D. Such signs may be permitted for aone-year
period or until all units aze sold by the subdivision
developer, whichever comes first. Extensions may
be granted by the Director if the project has not
been completed.
E. The location of subdivision directional signs
shall be subject to Section 17.32.010.
F. Applications for subdivision directional signs
shall include a list of all other existing signs for the
same subdivision, indicating the sign surface azea
and street location of each sign. (Ord. 1624 (part),
1993)
17.32.090 Temporary and special event
signs and promotional devices.
The Director may issue a permit for temporary
special event signs, banners, pennants or balloons
and promotional devices in all commercial, industri-
al, office or institutional districts subject to all crite-
ria set forth in this section.
A. 1. Each business may be permitted use of
one temporary special event sign subject to the
tenant schedule in subsections C or D of this sec-
tion. Each business may have the use of temporary
signs for a maximum of one hundred twenty days
in a calendaz yeaz but not to exceed thirty days
during any permitted period. Each business may be
granted a maximum of twelve permits in a calendaz
year. A minimum period of two weeks shall be
required before a subsequent permit is granted.
2. One additional temporary sign and one addi-
tional promotional device may be allowed during
the first year of operation for a new business entity
for purposes of announcing the grand opening of the
business entity.
3. A portable freestanding temporary sign shall
not exceed six feet in eight and thirty-two square
feet per face, with a maximum of two faces. Porta-
ble temporary freestanding signs, such as "A" frame
or sandwich boazd signs, may not be set into the
ground and must be removed at the close of busi-
ness each day.
4. A temporary banner shall be building mount-
ed only, shall have only one face not exceeding one
hundred square feet in area, and shall be placed on
the building in accordance with the limitations spec-
ified in Section 17.24.080 of this title regarding
clearance and roofline level.
B. 1. Special promotional devices, such as large
balloons or seazchlights, may be approved for a
maximum three-day period or five days for grand
X199 cc~~ s.~>
17.32.090
openings, four times within a calendaz yeaz, subject
to the following:
a. Pazking is not displaced;
b. The device is compatible with adjoining uses.
Of major concern is proximity to residential proper-
ties;
c. The device is not located in a landscaped
front setback area;
d. Tethered balloons used for special promotion-
al purposes may not exceed a height of twenty-five
feet above the building where the special event is
occurring;
e. Meets the tenant schedule in subsections C or
D of this section.
2.. The Director, shall review a requested use of
any special promotional device, such as searchlights,
hot air balloons, rides, traffic/parking directional
signs within the public right-of--way, etc., in relation
to the type of activity and the appropriateness of the
activity to the surrounding neighborhood. There is
no specific limitation on the number of traf-
fic/pazking directional signs which may be used on
a site on the specific day of the special promotional
or temporary event. However, the Director shall
review the number and placement of signs requested
to be placed in the public right-of--way, and may
restrict the number and placement of such signs in
order to ensure that adequate sight distance and
traffic safety clearances aze maintained as required
in Section 17.32.010.
C. A temporary sign and center-wide event signs
may be permitted in accordance with the following
schedule:
3 tenants to 6 tenants -1 tenant display or 1 center
display
7 tenants to 13 tenants -1 tenant display + 1 center
display
14 tenants to 20 tenants -2 tenant displays + 1 center
display
21 tenants to 27 tenants -3 tenant displays + 2 center
displays
28 tenants or more -4 tenant displays + 4 center
displays
D. Shopping centers with approved electronic
readerboazd signs shall only be allowed building
mounted banners. Freestanding temporary or special
event signs for individual tenants aze not allowed.
Special event signs for center-wide special events
are allowed in accordance with the following sched-
ule:
20 to 27 tenants -2 center displays
28 tenants or more ~ center displays
E. A cash deposit for a reasonable cost of re-
moval, as determined by the Director, shall be re-
quired to ensure removal of the sign or special
device upon the expiration date specified on the
permit. In the event that the sign is not removed
within the allotted time, the City shall retain the
deposit to cover costs of removing such signs.
F. Signs announcing aCity-wide event for a
City-wide organization shall be permitted in the
public right-of--way. The length of time such sign is
permitted, amount of deposit, and sign size, number
and location shall be subject to staff approval. Ap-
plications shall include a list of all signs, including
each sign's dimensions and street location. In the
event that the signs aze not removed within the
allotted time, the City shall retain the deposit to
cover costs of removing such signs. (Ord. 1624
(part), 1993)
17.32.100 Window signs.
A. Window signs shall be pemutted in all com-
mercial zones.
B. The total azea of any window obscured by
any combination of permanent and temporary win-
dow signs shall not exceed twenty-five percent of
the window surface.
C. Signs within a window shall be considered
temporary if they remain on the window for less
than thirty days, and shall not be subject to review.
Window signs intended to remain on display for
more than thirty days shall be considered permanent
window signs.
(Ctipatino s-%) 500
17.32.100
D. Permanent window signs may be permitted
in accordance with Section 17.24.090. (Ord. 1624
(part), 1993)
17.32.110 Summary of regulations for
temporary signs.
Appendix A-4, Summary of Special Sign Regula-
tions, on file in the office of the City Clerk and the
Planning Department, summarizes general regula-
tions for temporary signs. (Ord. 1624 (part), 1993)
500-1 cc~~~oo s-~~
19.48.090
the recommendation. The City Council may ap-
prove, modify, or disapprove a recommendation of
the Planning Commission, provided that any modifi-
cation of the proposed application, which was not
considered by the Planning Commission, shall first
be referred to the Planning Commission for report
and recommendation (which does not require the
holding of a public hearing).
B. Failure of the Planning Commission to issue
a report and recommendation within forty days after
referral, or such longer period as may be prescribed
by the City Council, shall be deemed to be an
approval of the proposed modification. (Ord. 1637
(part), 1993; Ord. 1601 Exh. A (part), 1992)
19.48.110 Modifications of the definitive
development plan.
A. Minor Modifications. In the event that the
applicant or subsequent property owner wishes to
make a minor alteration, change or amendment of
the approved definitive development plan, he shall
submit a written request to the Director of Commu-
nity Development, together with a proposed revised
definitive development plan. If the Director deter-
mines that the modification does not result in a
change in the general appearance or function of the
project, he may approve the modification in a man-
ner specified in Chapter 19.132.
B. Other Modifications. If the Director of Com-
munity Development determines that a proposed
modification to a definitive development is not
minor, then the applicant must seek an amendment
to the underlying conditional permit by the Planning
Commission, except that in the event that the modi-
fication is for new development of five thousand
square feet or more of commercial or ten thousand
square feet or more for industrial and/or office use,
or eight or greater residential units, the conditional
use permit may only be issued by the City Council
upon hearing and recommendation of the Planning
Commission.
C. Change of Use.
1. A change from a conditional use or a permit-
ted use to another permitted use within a PD zoning
district does not require a modification of the defini-
five plan unless the change of use will also change
the general appearance or change how the definitive
development plan functions vis-a-vis neighboring
properties.
2. A change from a permitted use to a condi-
tional use requires the issuance of sepazate
conditional use permit by the City body which
would ordinarily consider such a permit in other
zones within the City. (Ord. 1715 (part), 1996; Ord.
1601 Exh. A (part), 1992)
58.8-31 cc~~eoo s-~>
19.52.010
Chapter 1952
DENSITY BONUS
Sections:
19.52.010 Purpose.
19.52.020 Definitions.
1952.030 Applicability.
19.52.040 Concessions.
1952.050 General requirements.
19.52.060 Requirements for projects with
affordable units.
1952.070 Application procedure.
1952.010 Purpose.
The density bonus ordinance codified in this
chapter is intended to comply with the State Density
Bonus Law, Government Code Section 65915,
which provides that a local government shall grant
a density bonus and an additional concession, or
fmancially equivalent incentive(s), to a developer of
a housing development agreeing to construct a spec-
ified percentage of housing for lower income house-
holds, very low income households or senior citi-
zens. (Ord. 1569 § 1 (part), 1991)
19.52.020 Definitions.
As used in this chapter, the following terms shall
have the following meanings unless otherwise indi-
cated from the context:
"Affordable units" means housing units in which
the rent does not exceed twenty-five percent of the
HUD income limits for lower and very low income
households for Santa Clara County adjusted for
household size.
"Concession" means a benefit offered by the City
to facilitate construction of eligible projects as de-
fined by the provisions of this chapter. Benefits may
include, but are not limited to, priority processing,
fee deferments and waivers, granting of variances,
and relaxation of otherwise applicable permit condi-
tions.
"Density bonus" means an increase in the number
of dwelling units authorized for a particular parcel
of land beyond the maximum allowed by the Gener-
al Plan range specified on the land use map of the
City of Cupertino General Plan as of the date of the
project application.
"Economically feasible" means when a housing
project can be built with a reasonable rate of return.
The housing developer's fmancial ability to build
the project shall not be a factor.
"Household type" means whether the occupants
of the housing units aze very low income, lower
income or senior citizens.
"Housing development" means one or more
groups of projects with residential units constructed
in the planned development of the City.
"Lower-income household" means a household
whose gross income is as established by Health and
Safety Code Section 50079.5.
"Senior citizens" means:
1. Persons at least sixty-two yeazs of age; or
2. Persons at least fifty-five yeazs of age in a
senior citizen housing development, in accordance
with State and federal law.
"Senior citizen units" means:
1. Government subsidized housing units for
senior citizens;
2. Housing intended for, and solely occupied by,
persons at least sixty-two years of age; or
3. Housing consisting of at least one hundred
fifty units in which eighty percent of the units have
at least one person aged fifty-five or older and
which provide special facilities and services de-
signed for seniors.
Eligibility for a density bonus or other concession
for senior citizen units must be in conformity with
State and federal laws governing senior housing
projects.
"Very low income household" means a household
whose gross income is as established by Health and
Safety Code Section 50105. (Ord. 1569 § 1 (part),
1991)
19.52.030 Applicability.
A. All housing developments greater than five
units (excluding density bonus units) aze eligible for
one density bonus of at least twenty-five percent,
cc~~no s-~~ 588-32
ORDINANCE LIST
ORDINANCE LIST APdD DISPOSITION TABLE
Ordinance
Number
1
2
2(a)
2(a)
(Revised)
2(a)(1)
2(b)
2(b)(1)
2(c)
2(d)
2(e)
2(e)(1)
2(f)
2(g)
2(h)
2(i)
2~)
2(k)
2(k)(1)
2(k)(2)
2(1)
2(m)
2(n)
2(0)
2(0)(1)
2(0)(2)
2(P)
Adoption of building regulations (Not
codified)
Zoning regulations (Not codified)
Amends Ord. 2, zoning (Not codified)
Repeals Ord. 2 (a) and amends Ord. 2,
zoning (Not codified)
Amends Ord. 2 (a), zoning (Not codi-
fied)
Amends Ord. 2, zoning (Not codified)
Amends Ord. 2 (b), zoning (Repealed
by 1601)
Amends Ord. 2, zoning (Not codified)
Amends Ord. 2, zoning (Not codified)
Amends Ord. 2, zoning (Not codified)
Repeals Ord. 2(e), zoning (Not codi-
fied)
Amends Ord. 2 (a), zoning (Not codi-
fied)
Zoning (Repealed by 779)
Amends Ord. 2, zoning (Not codified)
Zoning regulations (Not codified)
Tables
Zoning regulations (Repealed by 779,
1601)
Amends Ord. 2 (k), zoning (Not codi-
fied)
Amends Ord. 2(k), zoning (Repealed by
779)
Amends Ord. 2, zoning (Not codified)
Amends Ord. 2 (f), zoning (Not codi-
fied)
Zoning regulations (Noi codified)
Repeals Ord. 2 (1) and amends Ord. 2,
zoning (Repealed by 618)
Amends Ord. 2(0), zoning (Not codi-
fied)
Amends Ord. 2 (o), zoning (Not codi-
fied)
Amends Ord. 2 as amended by 2 (h),
zoning (Not codified)
Ordinance
Number
2(q)
2(q)(1)
2(r)
2(s)
2(t)
2(u)
2(v)
2(w)
2(x)
2(Y)
3
4
5
5(a)
5(b)
5(c)
5(d)
6
7
7(a)
8
9
9(a)
9(b)
9(c)
Amends Ord. 2, zoning (Not codified)
Amends Ord. 2 (q), zoning (Not codi-
fied)
Amends Ord. 2 (m), zoning (Not codi-
fied)
Amends Ord. 2 (f), zoning (Not codi-
fied)
Repeals Ords. 2 (r) and 2(s), zoning
(Not codified)
Zoning (Not codified)
Zoning (Not codified)
Zoning (Not codified)
Repeals Ords. 2 (h) and 2 (p), zoning
(Repealed by 1601)
Amends Ord. 2, zoning (Repealed by
1601)
Sewage disposal (Repealed by 821)
Food handling regulations (9.04)
City Planning Commission (2.32)
Amends Ord. 5, Planning Commission
(Repealed by Ord. 5(c))
Amends Ord. 5, Planning Commission
(2.32)
Planning Commission, repeals Ord. 5(a)
(2.32)
Amends Ord. 5, Planning Commission
(2.32)
Adoption of procedural rules (2.08)
Garbage regulations (Repealed by 420)
Amends Ord. 7, garbage regulations
(Repealed by 420)
Gas street improvement fund (Repealed
by 1705)
City Council meetings (Repealed by
389)
Amends Ord. 9, City Council meetings
(Repealed by 389)
Amends Ord. 9, City Council meetings
(Repealed by 389)
Amends Ord. 9, City Council meetings
(Repealed by 389)
'$9 (Cupertino 5-%)
TABLES
10 Business license (Repealed by III) 37 Amends Ord. 1, building regulations
10(a) Amends Ord. 10, business license (Re- (Not codified)
pealed by III) 38 Annexation (Special)
10(b) Amends Ord. 10, business licenses 39 Licensing of auctioneers (Repealed by
(Repealed by IIn 1705)
11 Annexation (Special) 40 Minimum lot size (Not codified)
12 Annexation (Special) 41 Amends Ord. 10, business licenses
13 Taxicab regulations (Repealed by 866) (Repealed by IIn
14 Amends Ord. 2, zoning (Not codified) 42 Subdividers improvement bond (Spe-
15 Amends Ord. 10, business licenses cial)
(Repealed by IIn 43 Speed limits (Repealed by 490)
16 City Clerk (2.20) 44 Franchises (Repealed by 1722)
16(a) Amends Ord. 16, City Clerk (Repealed 45 Amends Ord. 2, zoning (Not codified)
by 16(b)) 46 Annexation (Special)
16(b) Amends Ord. 16, City Clerk; repeals 47 Subdivisions (Repealed by 47 (Re-
Ord. 16(a) (Repealed by 16(c)) vised))
16(c) Amends Ord. 16, City Clerk; repeals 47 (Revised), subdivisions (Title 18)
Ord. 16 (b) (2.20) 47(a) Amends Ord. 47 (Revised), subdivisions
17 City Treasurer (2.24) (Title 18)
18 Control of dogs (Repealed by 565) 47(b) Amends Ord. 47 (Revised), subdivisions
19 Speed limits (Repealed by 490) (Title 18)
20 Claims against the City (Repealed by 48 Purchase of supplies and equipment
311) (Repealed by 596)
21 Amends Ord. 10, business licenses 48(a) Amends Ord. 48, purchase of supplies
(Repealed by IIn (Repealed by 596)
22 Amends Ord. 2, zoning (Not codified) 49 Planning Commission (2.08)
23 Taxes for 1956-57 (Special) 50 Subdividers contribution for storm
24 Sales and use tax (Repealed by 611) drainage (Not codified)
24(a) Amends Ord. 24, sales and use tax 51 Amends Ord. 2, zoning (Not codified)
(Repealed by 611) 52 Annexation (Not codified)
25 Amends Ord. 23, taxes for 1956-57 53 Weed abatement (Repealed by 405)
(Special) 54 Amends Ord. 2, zoning (Not codified)
26 Franchise to Pacific Gas and Electric 55 Amends Ord. 2, zoning (Not codified)
Company (6.08) 56 Amends Ord. 2, zoning (Not codified)
27 Franchise to Pacific Gas and Electric 57 Annexation (Special)
Company (6.12) 58 Rezone (Special)
28 Civil defense (Repealed by 475) 59 Property taxes for 1958-59 (Special)
29 City sales and use tax (3.08) 60 Amends Ord. 2, zoning regulations (Not
30 Annexation (Special) codified)
31 Public intoxication (Not codified) 61 Amends Ord. 2, zoning (Not codified)
32 Amends Ord. 2, zoning (Not codified) 62 Franchise to California Water Service
33 Annexation (Special) (6.16)
34 Circular dry wells (Not codified) 63 Franchise to San Jose Waterworks
35 Amends Ord. 2, zoning (Not codified) (6.20)
36 Amends Ord. 2, zoning (Not codified) 64 Amends Ord. 2, zoning (Not codified)
cc~a~oo s-~~ 590
ORDINANCE LIST
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, parking (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)
1167 Amends §§ 2.32.040, 2.36.040,
2.38.040, 2.44.040, 2.60.040, 2.68.040
and 2.74.040, officers of advisory bod-
ies (2.32, 2.36, 2.60, 2.68, 2.74)
1168 Adds § § 16.40.165, 16.40.166 and
16.40.180, smoke detection devices
(Repealed by 1711)
1169 Rezone (Special)
1170 Amends § 11.24.150, pazking (11.24)
1171 Prezone (Special)
1172 Amends §§ 11.24.150 and 11.24.160,
stopping, standing and pazking (11.24)
1173 Amends § 11.08.290, bicycle lanes
(11.08)
1174 Prezone (Special)
1175 Adds Ch. 15.30, cross-connections and
backflow protection (15.30)
1176 Extends Ch. 10.26, police alarm sys-
tems (Special)
1177 Rezone (Special)
1178 Amends § 11.24.1 S0, parking restric-
tions (11.24)
1179 Adds §§ 5.08.110, 5.40.070, 16.44.150
and 16.52.016; amends §§ 1.12.010,
3.08.170, 3.09.170, 3.12.140, 5.04.560,
5.16.070, 5.24.150, 6.24.220, 8.04.150,
9.04.130, 10.10.030, 10.28.020,
10.46.070, 10.48.012, 10.52.090,
10.68.060, 10.76.020, 11.26.130,
11.28.060, 11.32.090, 13.04.240,
14.08.100, 14.20.120, 16.28.080,
16.32.080 and 18.24.080, penalties;
repeals § 18.1 of Ord. 002(4), § 7.1 of
Ord. 276, and § 16.04.160 (1.12, 3.08,
3.12, 5.04, 5.16, 5.40, 9.04, 10.10,
10.28, 10.46, 10.48, 10.52, 10.76,
11.26, 11.28, 11.32, 13.04, 14.08,
14.20, 16.28, 16.32, 16.44, 16.52, Title
18)
1180 Date of general elections (Repealed by
1697)
1181 Amends § 11.20.030, all-directional
vehiculaz stop (11.20)
1182 Rezone (Special)
1183 Rezone (Special)
1184 Rezone (Special)
1185 Rezone (Special)
1186 Repeals subsection (k) of § 15.12.080,
waterworks system (15.12)
1187 Amends § 3.12.030, transient occupan-
cy tax (Repealed by 1705)
1188 Amends §§ 8.08.070 and 8.08.200, ani-
mal control (Repealed by 1631)
1189 Adds §§ 8.08.391 and 8.08.392; amends
§§ 8.08.040, 8.08.380, 8.08.390,
8.08.400, 8.08.420 - 8.08.480, animal
control (Repealed by 1631)
1190 (Not used)
1191 Extends expiration date of Ch. 10.26,
police alarm systems and devices
(10.26)
1192 Amends § 2.08.090, city council meet-
ings (2.08)
1193 (Not adopted)
1194 Rezone (Special)
Eil l ccup«ano s-~>
TABLES
1195 Prezone (Special)
1196 Amends § 11.32.090, truck traffic
routes (11.32)
1197 Adds Ch. 11.27, permit parking zone
(11.27)
1198 Rezone (Special)
1199 Adds § 2.44.120, architectural and site
approval committee (Repealed by 1630)
1200 Amends § 16.12.020, preliminary soil
report (16.12)
1201 Rezone (Special)
1202 Amends Title 18, subdivisions (Title
18)
1203 Amends §§ 11.24.150 and 11.24.160,
parking (11.24)
1204 Adds to § 11.20.020, stop intersections
(11.20)
1205 (Not enacted)
1206 Rezone (Special)
1207 Amends §§ 10.26.080, 10.26.090 and
10.26.140 and repeals § 10.26.180, po-
lice alarms (10.26)
1208 Adds subsection F to § 17.32.100 and
§ 17.08.085; amends § 17.32.070; signs
(17.08, 17.32)
1209 Rezone (Special)
1210 Amends subsection A of § 3.12.030,
transient occupancy tax (Repealed by
1705)
1211 Amends Ch. 11.30, traffic in downtown
area (11.30)
1213 Amends § 2.32.050, planning commis-
sion (2.32)
1215 Adds § 8.08.255, rabies control (Re-
pealed by 1631)
1217 Amends § 15.08.020, water rates
(15.08)
1218 Adds to § 11.24.150, pazking (11.24)
1219 Amends § 2.12.040, ordinance passage
(2.12)
1220 Adds Ch. 9.12, hazazdous materials
storage (9.12)
1221 Amends § 11.24.150, stopping, standing
and pazking (11.24)
1222 (Not enacted)
1223 Rezone and prezone (Special)
1224 Adds § 3.32.045; amends §§ 3.32.020,
3.32.040, 3.32.050,. 3.32.070, 3.32.080
and 3.32.100, construction tax (3.32)
1225 Amends § 2.12.020, ordinance and
resolution passage (2.12)
1226 Amends § 11.20.020, stop intersections
(11.20)
1227 Rezone (Special)
1228 Renumbers § 11.08.300 to § 11.08.310;
adds new § 11.08.300; amends §
11.08.290, bicycles (11.08)
1229 Rezone (Special)
1230 Rezone (Special)
1231 Prezone (Special)
1233 Amends Ch. 2.74, Cable Television
Advisory Committee (2.74)
1235 Adds Ch. 9.16, mosquito abatement
(Repealed by 1722)
1236 Rezone (Special)
1237 Amends Ords. 881 and 991, zoning
(Not codified)
1238 RHS zone (Repealed by 1450)
1239 Prezone (Special)
1240 Rl zone (Repealed by 1374)
1241 Amends § 5.28.170, taxi driver permits
(5.28)
1242 Rezone (Special)
1243 Amends § 11.12.030, speed limits
(11.12)
1244 Amends Ch. 9.12, hazardous materials
storage (9.12)
1245 Amends §§ 11.24.150 and 11.24.160,
pazking (11.24)
1246 (Not used)
1247 Amends § 15.08.020, water rates
(15.08)
1248 Amends zoning application (Special)
1249 Prezone (Special)
1250 Amends zoning application (Special)
1251 Amends §§ 3.08.120 and 3.08.130,
sales and use tax (3.08)
1252 Amends subsections B and C of §
9.12.032, hazardous materials storage
(9.12)
cc~~ s-~~ 612
ORDINANCE LIST
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
enforcement officer, 2.32.020(A),
2.32.040, 2.32.060(B), 2.32.070,
2.32.090, planning commission,
2.36.040, park 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(1,), (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 Boulevard 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-Packard 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, 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)
6:14-9 (a~pe~vno s-96>
TABLES
1708 Repeals and replaces Ch. 16.20, plumb-
ing code adopted (16.20)
1709 Repeais 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)
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 19.48.1 IOB, zoning
(14.18, 19.48)
1716 (Number not used)
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)
ccu~;~ s-~~ 614-10
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 CONIIvIlTTEE
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
Exemptions 10.26.060
False alarm
chazge
assessment notice 10.26.100
collection 10.26.140
imposition, amount 10.26.090
hearing
failure to request, effect 10.26.130
ANIIvIAL
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
ALCOHOLIC BEVERAGE
See LIQUOR
615
procedure 10.26.120
request 10.26.110
investigation, report requirements
notification procedure 10.26.080
willful conduct, city reimbursement
Notice requirements
See False alarm
Requirements
Purpose of provisions 10.26.010
Requirements 10.26.040
Severability of provisions 10.26.160
Timing device requirements
See Requirements
Violation, penalty 10.26.170
AMUSEMENT CENTER
Business license
See also BUSINESS LICENSE
fee 5.04.300
10.26.070
Beekeeping
apiary
defined 8.07.010
location restrictions 8.07.060
10.26.150
(Cupertino 5-%)
ANIMAL
moving, notice required 8.07.050
water supply requirements 8.07.070
bees defined 8.07.020
hive defined 8.07.030
identification, sign requirements 8.07.080
location defined 8.07.040
violation
notice, correction 8.07.090
penalty, abatement 8.07.100
Bite, quarantine, violation, examination 8.01.050
In City buildings 8.01.090
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
permit
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
(Cupertino 5-%) 616
BOND
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
BUII.DING
See also UNREINFORCED MASONRY
BUII.DINGS
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
declaration 16.44.020
determination 16.44.040
owner defined 16.44.070
resolution service 16.44.100
violation, penalty 16.44.150
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
fi19 (Cupertino 5-96)
BUILDING
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 SWII~~A~IING POOL
BUILDING CODE
Address mazking, 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
Severability of provisions 16.04.160
Single-room occupancies 16.04.070
Slab thickness 16.04.090
Spark arresters 16.04.060
Violation, penalty 16.04.150
BUILDING 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
(Cupertino 5-96) 620
CABLE TELEVISION ADVISORY COMMITTEE
- 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
Severability of provisions 6.28.150
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
CAFETERIA
See RESTAURANT
CALIFORNIA WATER SERVICE
See FRANCHISE
CAT
See ANIMAL
CATV
Acquisition 6.28.060
Advisory committee
See CABLE TELEVISION ADVISORY
COMIVIlTTEE
Arbitration 6.28.260
Bond 6.28.150
Change 6.28.130
City authority 6.28.090
Definitions 6.28.010
Franchise
application 6.28.210
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
CIRCULAR
See ADVERTISEMENT
CIRCUS
Business license
See also BUSINESS LICENSE
fee 5.04.340
CITY
Defined 1.04.010
Officials
See Specific Officer
621 (cupatino s.~>
CIVIL DEFENSE
CIVIL 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
(Cupertino 5-96) 622
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 garbage 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
IIvIPROVEMENT FUND
- G -
GAMBLING
Unlawful 10.28.010
Violation, penalty 10.28.020
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
charges
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
633 (Cl~pertino 5-96)
GARBAGE
franchise
existing, continuance 6.24.130
grant, scope, authority 6.24.120
provisions not to negate 6.24.140
interference prohibited 6.24.310
mandatory, owner responsibilities 6.24.030
unauthorized use prohibited 6.24.320
Container
inappropriate, additional charges when 6.24.080
standards, use regulations 6.24.070
trash enclosure required when, requirements
6.24.305
Definitions 6.24.020
GAS
See FRANCHISE
TOXIC GASES
GENERAL PENALTY
See PENALTY, GENERAL
GENERAL PLAN
See LAND DEVELOPMENT PLANNING
GOAT
See ANIMAL
Delinquent account GRADING
appropriation account created, purpose, use See EXCAVATION
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, hazardous 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
Severability of provisions 6.24.340
Violation, penalty 6.24.330
(Cupen;no 5-96) 634
HAZARDOUS WASTE FACILITY
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
Severability of provisions 9.20.320
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 BUII.DING
Seismic safety
See UNREINFORCED MASONRY
BUII,DINGS
HOME OCCUPATION
Business license
HORSE
See A1~TIMAL
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
INSPECTION
See also BUSINESS LICENSE
fee 5.04.380
Exemption from provisions 1.08.020
Notification of rights 1.08.030
Warrant required 1.08.010
6:36-1 cc~,~~;~ s-~~
JUNKYARD
-J-
JUNKYARD
Business license
See also BUSINESS LICENSE
fee 5.04.350
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
- K - See also PERMIT
Bicycle 11.08.020
KENNEL Bingo 5.32.270
See ANIMAL Business
-L-
LAND DEVELOPMENT PLANNING
See also ZONING
See BUSINESS LICENSE
Cat 8.08.350
Commercial advertising 10.52.060
Dog 8.08.260
Firearm, concealable, sale 10.82.020
General plan
content, scope 20.02.020
preparation, adoption, amendment 20.02.025
purpose 20.02.010
severabiliry of provisions 20.02.030
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
severabiliry of provisions 20.04.070
zoning district designation 20.04.040
LANDSCAPING, XERISCAPE
Appeal 14.15.060
Applicability 14.15.030
Definitions 14.15.020
Design plan requirements, review 14.15.050
Exceptions, exemptions 14.15.040
Purpose, findings 14.15.010
severabiliry 14.15.080
Violation, penalty 14.15.070
LIBRARY COMMISSION
Compensation 2.68.050
Duties, powers, responsibilities 2.68.070
Effect 2.68.080
LIQUOR
Alcoholic beverages, gasoline concurrent sales
appeals 5.44.070
applicability of provisions 5.44.020
conditional use permit
findings, basis 5.44.050
grant criteria 5.44.030
hearing 5.44.040
purpose of provisions 5.44.010
restrictions generally 5.44.060
severabiliry of provisions 5.44.080
Consumption, open container possession
prohibitions 10.49.010
Violation, penalty 10.49.020
LOADING ZONES
See PARKING
- M -
MANAGER, CITY
Abandoned, inoperative vehicle
enforcement 11.04.040
removal authority 11.04.061
storage notice 11.04.130
Animal control
administrative authority 8.01.040
seizure hearing 8.06.040
ccu~;oo s-%> 636-2
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
Construction, noisy, permitting 10.46.050
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
False alarm
enforcement authority designation 10.26.100
hearing duties 10.26.120
Firearm, concealable, sale
administrative authority 10.82.010
license investigation 10.82.040
Garage, patio sale enforcement authority 5.16.060
Grocery store enforcement authority 5.36.060
Parade
administrative authority 10.44.030
permit issuance 10.44.100
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
Ei36-3
ccup«r;oo s-~~
PUBLIC WORKS DIRECTOR
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
Severabiliry of provisions 3.22.080
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
PURCHASING OFFICER denial 9.04.050
Contract award authority 3.22.060 fee 9.04.040
Designated 3.22.020 nontransferable 9.04.070
Powers, duties generally 3.22.030 required 9.04.020
revocation, suspension 9.04.060
- Q - Prima facie evidence 9.04.090
Rules, regulations 9.04.080
QUARANTINE Smoking
See ANIMAL See SMOKING
Violation, penalty 9.04.130
- R -
REST HOME
RECORDER, COUNTY Business license
Documentary stamp tax administrator 3.04.090 See also BUSINESS LICENSE
fee 5.04.410
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
RETAINING WALL
See EXCAVATION, GRADING, RETAINING
WALLS
RETIREMENT SYSTEM
See PERSONNEL
REVENUE
See TAX
ti45 cc~~;oo s-96)
RIGHT OF ENTRY
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
Alternate
See SALES AND USE TAX, ALTERNATE
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
Severability 3.08.180
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
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 BUII.DING
TOXIC GASES
UNREINFORCED MASONRY BUILDINGS
SEWER
See also SUBDMSION
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, standazds generally 15.20.050
Provisions enforcement 15.20.080
Scope of provisions 15.20.010
Severability 15.20.101
Violation, penalty 15.20.090
SHEEP
See ANIMAL
SHERIFF
Bingo
inspection 5.32.180
permit applicant investigation 5.32.210
Private patrol
identification cazd issuance 5.24.130
permit application approval 5.24.040
uniform, equipment approval, inspection
5.24.120
(Cupatioo 5-96) (~()
SWI1~~IlI~IING POOL
Permit
application 16.32.071
fees 16.32.072
required 16.32.070
Purpose 16.32.010
Severability 16.32.090
Violation, penalty 16.32.080
SWINE
See ANIMAL
- T -
Fare schedule
adoption 5.28.030
posting 5.28.050
Liability policy
bond 5.28.150
cancellation, notice 5.28.140
required 5.28.120
requirements 5.28.130
Overcharge, restitution 5.28.210
Permit
application 5.28.070
denial 5.28.080
TAVERN
See RESTAURANT
TAX
See Specific Tax
TAX ADMINISTRATOR
Defined 3.12.020
Transient occupancy tax
records access 3.12.110
unreported, determination, notice of hearing
3.12.090
TAX COLLECTOR
Storm drainage service charge collection duties
3.36.080
TAXICAB
Administrative authority 5.28.015
Appeal 5.28.185
Business license
See also BUSINESS LICENSE
fee 5.04.430
Definitions 5.28.010
Direct route 5.28.190
Driver permit
application, issuance 5.28.165
denial 5.28.170
employment termination 5.28.175
required 5.28.160
suspension, revocation 5.28.180
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
Severability 5.28.230
Taximeter
operation 5.28.040
required 5.28.020
Vehicle numbering 5.28.045
Violation, penalty 5.28.220
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 (Glipenino 5-%)
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 apparatus 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
(Cupetuno 5-96) 658
WATERCOURSE POLLUTION PREVENTION
administrative penalties 9.18.130
civil penalties
illicit dischazges 9.18.110
provisions, permit violation 9.18.100
misdemeanor 9.18.090
notice, contents 9.18.120
Waste defined 9.18.020
Watercourse defined 9.18.020
Accessory building, structure
applicability of provisions 19.80.010
generally 19.80.020
Accessory facilities
A-1 zone 19.20.030
A zone 19.16.030
GC zone 19.56.030
OA zone 19.76.030
WEAPON
See FIREARM
WEEDS
Abatement
assessment
collections as tax 9.08.100
hearing 9.08.090
notice, posting, mailing 9.08.080
responsibility 9.08.070
authority, procedure 9.08.060
hearing 9.08.050
notice
form designated 9.08.030
mailing 9.08.040
property damage, notice of improvements
9.08.110
Defined, prohibited 9.08.010
Nuisance, abatement required 9.08.020
-Z-
ZONING
A-1 zone
applicability of provisions 19.20.020
conditional uses 19.20.040
designated 19.12.010
interpretation of provisions 19.20.090
permitted uses 19.20.030
prohibited uses 19.20.050
purpose 19.20.010
site development regulations 19.20.060
solar designs 19.20.080
yazd regulations 19.20.070
PR zone 19.68.030
R-2 zone 19.32.030
R-3 zone 19.36.030
RHS zone 19.40.030
Administrative and professional office zone
See OA zone
Administrative office
OA zone 19.76.030
Adoption of provisions 19.04.010
Adult oriented comercial activities
applicability of provisions 19.104.020
purpose 19.104.010
regulations
concentration of activities 19.104.030
proximity to residential, public, quasi-public
uses 19.104.040
Agricultural-residential zone
See A-1 zone
Agricultural uses
PR zone 19.68.030
Agricultural zone
See A zone
Airport
T zone 19.64.060
Air sports field
FP zone 19.72.040
Amendment
boundary changes
action by director 19.120.050
action by planning commission 19.120.070
application by city 19.120.040
application by owner 19.120.030
generally 19.04.080, 19.120.020
hearing, notice 19.120.060
generally 19.120.010
Amusement park
FP zone 19.72.040
665 (C1~pertino 5-%)
ZONIlVG
Animal Automobile rental
breeding CG zone 19.56.040
A zone 19.16.030 ML zone 19.60.030
A-1 zone 19.20.030, 19.20.040 Automobile sales
clinic, hospital ML zone 19.60.030
ML zone 19.60.030 Automobile service station
keeping CG zone 19.56.040
A zone 19.16.030 ML zone 19.60.040
A-1 zone 19.20.030 Automobile washing facility
RHS zone 19.40.030, 19.40.040 CG zone 19.56.040
RIC zone 19.44.040 ML zone 19.60.040
Apiary Bank
A zone 19.16.030 CG zone 19.56.030
A-1 zone 19.20.040 Barn
Appeal A zone 19.16.030
action A-1 zone 19.20.030
city council 19.136.050 BA zone
planning commission 19.136.040 applicability of provisions 19.64.020
filing procedures 19.136.020 designated 19.12.010
generally 19.136.010, 19.136.060 development plan required 19.64.070
hearing, notification 19.136.030 permitted uses 19.64.030
A zone purpose 19.64.010
applicability of provisions 19.16.020 site development regulations 19.64.090
conditional uses 19.16.040 Beverage container redemption, recycling center
designated 19.12.010 See Recycling center
interpretation of provisions 19.16.090 Bicycle motocross
permitted uses 19.16.030 FP zone 19.72.040
purpose 19.16.010 Billiazds
site development regulations 19.16.060 FP zone 19.72.040
solaz designs 19.16.090 Boazding house
yard regulations 19.16.070 CG zone 19.56.040
Appliance rental, sales Boat rental
ML zone 19.60.030 CG zone 19.56.040
Arboretum ML zone 19.60.030
A zone 19.16.030 Boat sales
A-1 zone 19.20.030 ML zone 19.60.030
Archery practice range Boneyard
FP zone 19.72.040 A zone 19.16.050
Assembly
ML zone 19.60.030
Athletic field
FP zone 19.72.040
Auction house
ML zone 19.60.030
cc„~;oo s-~> 666