1996 MarchSUPPLEMENT
INSERTION GUIDE
CUPERTINO MUNICIPAL CODE
March, 1996
(Covering Ordinances through 1712)
This supplement consists of reprinted pages replacing existing pages in the
Cupertino Municipal Code.
Remove pages listed in the column headed "Remove Pages" and in their places
insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should l;~e retained as a permanent record of pages
supplemented and should be inserted in the front of the code.
Remove Pages Insert Pages Remove Pages Insert Pages
Preface ...............Preface TABLES
Checklist ........... Checklist. 599-~06 ......... .. 599-~06
609-614-9........ 609-614-10
TEXT
209-210-8 ........ 209-210-7 INDEX
415-418 ......... 415 18-3 619-622 ......... .. 619-622
437-444 ......... ..437-444 625-~32 ........ 625-629/631
459-X64-2j ...... 459-464-2m 637-638 ......... .. 637-638
480-1-480-2 ..... 480-1-480-2 643-644 ......... 643--644-1
PRE:EACE
The Cupertino Municipal Code, originally published by Book
Publishing Company in 1973, leas 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 sut~ject matter under an expandable
three-factor decimal numbering system which is designed to
facilitate supplementation with~~ut disturbing the numbering of
existing provisions. Each secl:ion number designates, in se-
quence, the numbers of the title, chapter, and section. Thus,
Section 17.12.050 is Section .o~50, located in Chapter 17.12 of
Title 17. In most instances, sections aze numbered by tens (.010,
.020, .030, etc.), leaving nine vacant positions between original
sections to accommodate futurf; provisions. Similarly, chapters
and titles aze numbered to provide for internal expansion.
In parentheses following each section is a legislative history
identifying the specific sources for the provisions of that
section. This legislative history is complemented by an ordi-
nance disposition table, followi~ig the text of the code, listing by
number all ordinances, their subjects, and where they appear in
the codification.
Footnotes referring to applicable statutory provisions are
located throughout the text. A subject-matter index, with
complete cross-referencing, locates specific code provisions by
individual section numbers.
This supplement brings the code up to date through Ordi-
nance 1712, passed December ~1, 1995.
Book Publishing Company
201 Westlake Avenue North
Seattle, Washington 98109
(206) 343-5700
1-800-537-7881
(Ctipectino 3-96)
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 3-96 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:
17-22 ......................... 12-95
22-1-22-3 ...................... 12-95
23-24 .......................... 1-95
24a-24b ........................ 1-95
25-52/58 ....................... 12-95
59-60 .......................... 3-89
61-64/66 ....................... 12-95
67-70 ....................... (no date)
70-1-70-2 ...................... 12-95
70-3-70-4 ...................... 12-91
70-5-70-6 ...................... 12-95
70-6a .......................... 12-95
70-7-70-9 ....................... 5-95
Page Number 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
123-135/141 .................... 12-95
142-1-142-2 ..................... 3-89
Title 6:
143 ........................... 12-95
145-154 ..................... (no date)
15 5-15 6 ....................... 12-91
157-158 ....................... 10-93
159-160 ....................... 12-91
160-1-160-2 .................... 12-91
161-166/180 .................... 12-95
Title 3:
71-79/85 ....................... 12-95
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)
97-100 .... .................... 12-95
100-1-100-2 ..................... 2-93
100-2a ..... ..................... 2-93
100-3-100-4 ..................... 5-92
100-5-100-6 .................... 12-95
100-7-100-14 .................... 9-92
Title 4:
101 ......................... (no date)
Title 7:
181 ......................... (no date)
Title 8:
183-204 ........................ 5-94
204-1-204- 3 ..................... 5 -94
Title 9:
205 ............................ 2-93
207- 208 ..................... (no date)
209- 210 ..................... ... 3-96
210-1 -210- 8 .................. ... 3 - 9 6
210-9 ........................ ... 5-94
211- 212 ..................... (no date)
213- 216 ..................... ... 3-87
217- 222 ..................... (no date)
223-228 ..................... ... 3-87
(Cupertino 3-96)
Page Number Date
229-240 ..................... (no date)
241-242 ........................ 2-93
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
285-290 ........................ 5-95
291-294 ........................ 8-94
295-296 ........................ 2-91
296-1 .......................... 12-87
297/299 ........................ 11-86
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 ........................ 5-95
317-318 ........................ 2-93
Page Number Date
318-1 ........................... 8-94
319-320 ........................ 5-92
320a ............................ 5-95
320-1-320-2 ..................... 5-94
320-3 ........................... 9-91
321-322 ........................ 9-89
322-1 ........................... 9-89
3 23-3 24 ....................... 12- 8 7
325-330 ....................... 11-86
331-332 ..................... (no date)
333-334 ....................... 11-86
334-1-3 34-3 ..................... 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
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)
37 8-1 -378-4 .................... 12-93
(Cupertino 3-96) 11
Page Number Date
378-4a ......................... 12-93
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
403111 ..................... (no date)
412-1-412-2 .................... 10-93
Title 16:
413 ........................... 10-90
415-418 ..................... ... 3-96
418-1 ~ 18-3 .................. ... 3-96
41934 ..................... (no date)
43536 ..................... ... 2-93
43744 ..................... ... 3-96
44546 ..................... ... 4-94
446-1 ........................ ... 4-94
447-456 ..................... .. 10-93
457-458 ..................... (no date)
459-~64 ..................... ... 3-96
464-1-464-2 .................. ... 3-96
464-2a-X64-2m ................ ... 3-96
464-3-X64-14 ................. .. 10-90
465-~72 ..................... (no date)
47374 ..................... ... 3-88
474-1-474- 2 .................. ... 3 - 8 8
47580 ..................... ... 3-88
480-1-480-2 .................. ... 3-96
480-3-480-19 ................. .. 10-90
Title 17:
481-492 ....................... 10-93
49394 ....................... 12-94
494-1 .......................... 12-94
495-~96 ....................... 10-93
497-~9 8 ....................... 12-94
498-1 .......................... 12-94
499-500 ....................... 10-93
Page Number Date
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
586-1 ........................... 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
588-11-588-12 ................... 4-94
588-13-588-14 ................... 7-95
588-14a-588-14c .................. 7-95
588-15-588-16 ................... 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
588-25-588-26 .................. 12-93
588-27-588-28 ................... 4-94
588-29-588-30 .................. 12-94
588-30a ........................ 12-94
588-31-588-32 ................... 4-94
588-33-588-34 ................... 2-93
588-35-588-38 .................. 12-95
588-38a-588-38b ................. 12-95
588-39-588-42 ................... 2-93
111 (Cupertino 3-96)
Page Number Date
588-43-588-44 ................... 7-95
588-45-588-48 ................... 2-93
588-49-588-52 ................... 4-94
588-52a-588-52b .................. 1-95
588-52c-588-52k .................. 5-95
588-53-588-60 ................... 2-93
5 88-61-588-62 .................. 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
588-91-588-92 .................. 12-94
588-93-588-94 ................... 4-94
588-95-588-99 .................. 12-93
Title 20:
588-101-588-106 ................. 12-94
Tables:
589-592 ....................... 12-95
593-594 ........................ 2-93
595-597 .................... 12-95
599-606 ........................ 3-96
607-~08 ....................... 12-95
609-614 ........................ 3-96
614-1-614-10 .................... 3-96
Index:
615-616 ........................ 5-94
617- 18 ....................... 12-95
619-622 ........................ 3-96
621-~24 ....................... 12-95
625-629/631 ..................... 3-96
633-636 ....................... 12-95
636-1-636-3 ..................... 5-95
63738 ........................ 3-96
638-1 ........................... 1-95
63 9-640 ....................... 12-95
641-642 ........................ 2-93
643-644 ........................ 3-96
Page Number Date
644-1 ........................... 3-96
645-647 ....................... 12-95
649-~50 ....................... 12-94
651 ~5 8 ....................... 12-95
659-660 ........................ 2-93
661-b62 ....................... 12-95
663-~64 ........................ 5-95
665-666 ....................... 12-95
667-668 ........................ 7-95
669-~70 ....................... 12-95
670-1 .......................... 12-94
671-~72 ........................ 4-94
673-674 ....................... 12-95
674-1 ........................... 7-95
675 ........................... 12-93
(Cupertino 3-96) 1V
9.04.120
9.04.120 Meat-Manufacturing
requirements.
It is unlawful for any person, firm or corporation,
or agent or employee of any person, firm or corpo-
ration to sell, offer for sale, distribute or have in
possession for sale or distribution in the City any
sausage or other meat food product unless the same
has been manufactured or prepared in accordance
with the laws of the State. (Ord. 4 Art. 2 § 11,
1955)
9.04.130 Violation-Penalty.
Any person who violates the provisions of this
chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided in
Chapter 1.12. (Ord. 1179 § 2 (part), 1982: Ord. 4
Art. 2 § 13, 1955)
209
(Cupertino 3-96)
9.06.010
Chapter 9.06
MASSAGE ESTABLISHMENTS
AND SERVICES
Sections:
9.06.010
9.06.020
9.06.030
9.06.040
9.06.050
9.06.060
9.06.070
9.06.080
9.06.090
9.06.100
9.06.110
9.06.160
9.06.170
9.06.180
9.06.190
9.06.200
9.06.210
9.06.220
9.06.230
9.06.240
9.06.245
Purpose of provisions.
Definitions.
Exemptions.
Massage establishment
license-Required.
Massage establishment
license-Application.
Massage establishment
license-Application fee.
Massage establishment
license-Grounds for denial.
Massage establishment
employees-Permit
requirements.
Massage therapist permit-
Application.
Massage therapist permit-
Application fee and renewal.
Massage therapist permit-
Criteria for issuance.
Annual medical examination
for massage therapist.
Massage therapist permit-
Grounds for denial.
Off-site massage permit-
Application.
Off-site massage permit-
Criteria.
Suspension or revocation-
Grounds.
Suspension or revocation-
Notice-Hearing.
Appeals.
Display of permit licenses.
Inspection by officials-
Premises.
Inspection by officials-
Records.
9.06.250 Violation-Public nuisance.
9.06.260 Violation-Penalty.
9.06.270 Continuing violations-
Alternative remedies.
9.06.275 Application to existing massage
establishments and massage
therapist.
9.06.280 Severability clause.
9.06.010 Purpose of provisions.
A. It is the purpose and intent of this chapter to
provide for the orderly regulation of massage thera-
pists and massage establishments as defined in this
chapter in the interest of public health, safety and
welfaze by providing certain minimum qualifications
for the operators of massage establishments and
massage therapists. This chapter is adopted based on
the following findings:
1. That the City of Cupertino has recognized the
field of massage therapy as a viable professional
field;
2. That the City of Cupertino wants to recognize
and respect professional massage therapy organiza-
tions and qualified professionals;
3. The City of Cupertino also fords that the
rules and regulations as developed in this chapter
strive for equality of all massage organizations and
therapists while attempting to prevent serious objec-
tionable characteristics which massage pazlor estab-
lishments may have created in the past.
B. It is intended that massage therapy is a pro-
fession of the healing arts and subject to all zoning
ordinances and regulations as may be required for
professional uses.
C. It is also intended that massage uses not
regulated or exempted by this chapter aze considered
massage pazlors thus regulated by the provisions in
Chapter 19.104 regulating adult-oriented commercial
activities. (Ord. 1712 (part), 1995; Ord. 1606 § 1,
1992)
9.06.020 Definitions.
For the purpose of this chapter, unless the context
clearly requires a different meaning, the words are
(Ctipertino 3-%) 210
9.06.020
termed and phrased as set forth in this section and
shall have the meaning given them in this section:
A. "Corporate massage" means any massage of
the neck, arms, shoulders and back azea above the
waist where the client is fully clothed and done
without the use of supplementary aids, such as
rubbing alcohol, liniments, antiseptics, oils, powders,
creams, lotions, ointments, or other similaz prepaza-
tions commonly used in this practice.
B. "License" means a license to operate a mas-
sage establishment as required by this chapter.
C. "Massage" means any method of pressure on
or friction against or stroking, kneading, rubbing,
tapping, pounding, vibrating or stimulating the ex-
ternal parts of the human body with the hands or
with any mechanical or electrical apparatus or other
appliances or devices with or without such supple-
mentary aides as rubbing alcohol, liniment, antisep-
tic, oil, powder, cream, lotion, ointment or other
similar prepazations.
D. "Massage establishment" means any licensed
establishment having a fixed place of business
where any individual, fum, association, partnership,
corporation, joint venture, or a combination of indi-
viduals engages in, conducts, carries on or permits
to be engaged in, conducted or carried on for con-
sideration, massages or health treatments involving
massages as primary functions.
E. "Massage therapist" means any person who
has been granted a permit pursuant to this chapter
and who administers massages, baths or health
treatments involving massages or baths as the princi-
pal function to another person for any compensation
whatsoever, and meeting the certain requirements
established by this chapter.
F. "Off-site massage" means the engaging in or
carrying on of massage for consideration at a loca-
tion other than a licensed massage establishment.
G. "Permit" means a permit to engage in activi-
ties of a massage therapist as required by this chap-
ter.
H. "Person" means any individual, firm, associa-
tion, paztnership, corporation, joint venture, or com-
bination of individuals.
I. "Recognized school of massage" means any
school or institute of learning which:
1. Teaches the theory, ethics, practice, profes-
sion and work of massage;
2. Requires a residence course of study of not
fewer than one hundred hours to be given in not
more than three calendar months before the student
is furnished with a diploma or certificate of grad-
uation from such school or institution of learning
following the successful completion of such course
of study or learning; and
3. Has been approved pursuant to California
Education Code Section 94311 or, if the school is
not located in California, has complied with stan-
dazdscommensurate with those required in said Sec-
tion 94311;
4. Any school or institution of learning offering
or allowing correspondence course credit not requir-
ing actual attendance at class, or courses of massage
therapy not approved by the California Department
of Education shall not be deemed a recognized
school of massage.
J. "Residential massage" means engaging in or
carrying on of massage at a residence where the
client either owns or rents the residence.
K. "State or nationally chartered organization
devoted to the massage specialty and the therapeutic
approach" means an organization which the City
Manager, or designated employee, determines meets
the following requirements:
1. The organization or association requires that
its members meet minimal educational requirements.
The educational requirements must include at least
two hundred fifty classroom hours, or its equivalent,
in anatomy, physiology, hygiene, sanitation, mas-
sage therapy and practice, and ethics of massage
practice;
2. The organization or association encourages
participation in continuing education programs;
3. The organization or association has estab-
lished rules of ethics and has enforcement proce-
dures for the suspension and revocation of member-
ship of persons violating the rules of ethics; and
4. The organization is open to members of the
general public meeting the requirements for mem-
21(~-1 (Cupertino 3-96)
9.06.020
bership on either a statewide or national basis. (Ord.
1643 (part), 1994; Ord. 1616, 1993; Ord. 1606 § 2,
1992)
9.06.030 Exemptions.
A. A massage establishment license shall not be
required for the following persons while engaging
in the performance of the duties of their respective
professions:
1. Physicians, surgeons, chiropractors or osteo-
paths who aze duly licensed to practice their respec-
tive professions in the State of California while per-
fornung activities encompassed by such professional
licenses;
2. Massage therapists and massage therapist
trainees while performing massage in the offices of
a licensed physician, surgeon, chiropractor or osteo-
path and while under the direct supervision and
medical recommendation of such licensed medical
professional;
3. Nurses or physical therapists who aze duly
licensed to practice their professions in the State of
California while performing activities encompassed
by such professional licenses;
4. Trainers of any amateur, semiprofessional or
professional athlete or athletic team;
5. Bazbers or cosmetologists who are duly li-
censed under Division Six of the State of Califor-
nia's Business and Professions Code on performing
a massage within the scope of the license and for
which no separate or increased prices are chazged;
6. Massage therapists who perform massages
which aze clearly incidental to the operation of a
personal fitness training center, gymnasium or health
club may be permitted through the use permit for
those operations as required in Chapters 19.56 and
19.72 of the Cupertino Municipal Code. The mas-
sage therapist described in this category will be
required to obtain a massage therapist permit as set
forth in this chapter.
B. This chapter shall not apply to individuals ad-
ministering massages or health treatment involving
a massage to persons participating in singulaz oc-
current recreational events provided the following
conditions aze met:
1. Massage services aze made equally available
to all participants in the event;
2. The event is open to participation by the
general public or significant segment of the public
such as employees of sponsoring or participating
corporations;
3. The massage services are provided at the site
of the event either during, immediately preceding or
immediately following the event;
4. The sponsors of the event have been advised
of and have approved the provisions of massage
services;
5. The persons providing the massage services
aze not the primary sponsors of the event. (Ord.
1606 § 3, 1992)
9.06.040 Massage establishment license-
Required.
It is unlawful for any person to engage in, con-
duct or cant' out in or upon any premises within the
City the operation of a massage establishment with-
out amassage establishment license obtained from
the City Manager. In addition to a City business
license, a sepazate establishment license shall be
obtained for each separate massage establishment
operated by such person. A massage establishment
license shall be issued to any person who has com-
plied with the requirements of this chapter and all
other applicable provisions of this code unless
grounds for denial of such license exist. The posses-
sion of a valid massage establishment license does
not authorize the possessor to perform work for
which a massage therapist permit is required. (Ord.
1712 (part), 1995: Ord. 1606 § 4, 1992)
9.06.050 Massage establishment license-
Application.
Any person desiring a license to operate a mas-
sage establishment shall submit an application to the
City Manager. Within forty-five working days fol-
lowingreceipt of the completed application, the City
Manager shall either issue the permit or mail a
written statement of the reasons for denial thereof
by certified mail. The application shall set forth the
exact nature of the massage, bath or health treatment
(Cnpectino 3-~) 210-2
9.06.050
to be administered, location of the proposed place
of business and facilities thereof, and the name and
address of each applicant. The City Manager may
request the applicant to furnish fingerprints when
needed for the purpose of establishing identification
or criminal record. In addition, any applicant shall
furnish the following information:
1. The previous address of the applicant for a
period of three years immediately prior to the date
of the application and the dates of each residence;
2. Written proof that the applicant is at least
eighteen yeazs of age;
3. Business, occupation or employment history
of the applicant for three years immediately preced-
ing the date of application;
4. If the applicant is a corporation, the names of
the corporation shall be set forth exactly as shown
in its articles of incorporation together with names
and resident addresses of each of the officers, direc-
tors and each stockholder holding more than five
percent of the stock of the corporation. If the appli-
cant is a partnership, the application shall set forth
the name and residence address of each of the part-
ners, including limited partners. If one or more of
the partners is a corporation, the provisions of this
section pertaining to a corporate applicant shall
apply;
5. Such other information as may be deemed
necessary by the City Manager. (Ord. 1643 (part),
1994; Ord. 1606 § 5, 1992)
9.06.060 Massage establishment license-
Application fee.
Any application for a license to operate a mas-
sage establishment shall be accompanied by a
nonrefundable fee, as established by resolution of
the City Council. The application fee shall be used
to defray the cost of investigation and report, and is
not made in lieu of any other fees or taxes required
by the Cupertino Municipal Code. (Ord. 1606 § 6,
1992)
9.06.070 Massage establishment license-
Grounds for denial.
A massage establishment license may be denied
by the City Manager if one or more of the following
are found:
1. That the applicant made a material misstate-
ment in the application for a license;
2. That the applicant or any officers or directors
of the applicant has, within five yeazs immediately
preceding the date of filing the application, been
convicted of a crime;
3. That the operation of a massage establishment
as proposed by the applicant, if permitted, would
not comply with all applicable laws including but
not limited to all City ordinances and regulations;
4. That the operation of the proposed massage
establishment is likely to be a hindrance to the
health, safety, welfare or interest of the people of
the City;
5. That the applicant is lacking in the back-
ground qualifications to conduct a bona fide mas-
sage establishment;
6. That the applicant has violated any provision
of this chapter or any similar law, rule or regulation
of another public agency which regulates the opera-
tion of massage establishments. (Ord. 1712 (part),
1995; Ord. 1606 § 7, 1992)
9.06.080 Massage establishment
employees-Permit requirements.
It is unlawful for any licensed massage establish-
ment to allow any employee to perform massage,
bath or health treatment for any compensation unless
the employee holds a massage therapist permit.
(Ord. 1712 (part), 1995: Ord. 1606 § 8, 1992)
9.06.090 Massage therapist permit-
Application.
A. Any person desiring a permit to act as a mas-
sage therapist shall submit an application to the City
Manager. Within forty-five working days following
receipt of the completed application, the City Man-
ager shall either issue the permit or mail a written
statement for the reasons for denial thereof by certi-
fied mail. If the City Manager takes neither action
the permit shall be deemed to be issued. The City
Manager may request the applicant to furnish finger-
210-3 (Cupertino 3-96)
9.06.090
prints when needed for the purpose of establishing
identification.
B. In addition the applicant shall furnish the
following information:
1. Name, resident address, telephone number,
social security number, and driver's license number;
2. Written evidence that the applicant is at least
eighteen years of age;
3. Business occupation, or employment of the
applicant for the three years immediately preceding
the date of application;
4. The name and address of the establishment
where the applicant is to be employed and the name
of the owner and/or operator of the same. A mas-
sage therapist granted a permit pursuant to this
section must report a change in massage establish-
ment employment within five days of such change;
5. Certificate from a medical doctor stating that
the permittee, has within thirty days immediately
prior to the filing of the application, been examined
and found to be free of any contagious or communi-
cable disease capable of being transmitted to the
public or fellow employees by the type of conduct
and interaction with the public and fellow employ-
ees involved in the performance of conducting a
massage;
6. The name and address of a recognized school
of massage attended, the date attended and a copy
of the diploma or certificate of graduation awarded
the applicant showing completion of not fewer than
five hundred hours of instruction or written and
verified proof that the applicant has at least five
hundred hours' experience in professional work and
method of massage as of the effective date of the
ordinance codified in this chapter;
7. Certification from a medical practitioner
approved by the City of Cupertino that the applicant
has successfully completed both a written test and
practical performance examination administered by
said medical practitioner. The certification will be
provided only after the applicant has successfully
demonstrated a basic knowledge of anatomy, physi-
ology, hygiene and massage. No applicant may take
the written test and practical performance examina-
tion more than two times in a twelve-month period.
Any costs associated with the written test and practi-
cal performance examination shall be the responsi-
bility of the applicant and paid directly to the medi-
cal practitioner;
8. Any person who has been issued a massage
therapist permit or massage therapist trainee permit
and who has not complied with the provisions of
subsection (B)(7), shall be required to satisfy the
requirements of said subsection within ninety calen-
dar days of the adoption of the ordinance codified
in said subsection. (Ord. 1712 (part), 1995; Ord.
1643 (part), 1994; Ord. 1606 § 11, 1992)
9.06.100 Massage therapist permit-
Application fee and renewal.
A. Any application for a massage therapist per-
mit shall be accompanied by a nonrefundable fee as
established by resolution of the City Council. A
massage therapist permit shall be renewed every five
years, and a renewal fee shall be paid. The applica-
tion fee shall be used to defray the cost of investiga-
tion and report, and is not made in lieu of any other
fees or taxes required by the Cupertino Municipal
Code.
B. Any qualified massage therapist who applies
for a massage establishment license shall not be
required to pay the fee required in this section but
shall be required to furnish the materials, informa-
tion and fees set forth in Sections 9.06.090 and
9.06.110. (Ord. 1606 § 9, 1992)
9.06.110 Massage therapist permit-
Criteria for issuance.
A massage therapist permit shall be issued to a
person who meets the following criteria:
A. Is a member in good standing of a State or
nationally chartered organization devoted to the
massage specialty and therapeutic approach;
B. Has completed the following requirements:
1. Five hundred hours of instruction in a mas-
sage specialty and therapeutic approach at a recog-
nized school of massage,
2. Two hundred fifty hours of such instruction
and an additional five hundred documented hours of
practical experience in a massage specialty and
(Cupertino 3-96) 210-4
9.06.110
therapeutic approach in one or a combination of the
following:
a. A primary office of and under the direct
supervision of a medical professional licensed by the
State of California. Specifically a physician, sur-
geon, chiropractor, osteopath, physical therapist or
nurse, while such medical professional is performing
activities encompassed by such license and is physi-
cally on the premises where the massage therapy is
being administered,
b. Continuing education classes or seminars in
the field of massage therapy offered by a recognized
school of massage,
c. As a permitted massage therapist trainee
working under direct supervision of a permitted
massage therapist,
3. Has passed an independently prepazed and
administered written test and practical performance
examination administered through a medical practi-
tioner approved by the City of Cupertino wherein
the applicant has been required to demonstrate a
basic knowledge of anatomy, physiology, hygiene
and massage. (Ord. 1712 (part), 1995; Ord. 1606 §
10, 1992)
9.06.160 Annual medical examination for
massage therapist.
A. Any person who has been issued a massage
therapist permit shall file with the City Manager
each year within thirty days of the anniversary date
of the issuance of the permit an updated certificate
from a medical doctor stating that the permittee has,
within thirty days immediately prior to the filing of
the certificate, been examined and been found to be
free of any contagious or communicable disease
capable of being transmitted to the public or fellow
employees involved in the performance of conduct-
ing amassage.
B. It is unlawful for any person who has neglect-
ed, failed, or refused to file a certificate required by
subsection A of this section to act as a massage
therapist. Failure to submit the required certificate
shall be grounds for revocation of the permit. (Ord.
1712 (part), 1995: Ord. 1606 § 15, 1992)
9.06.170 Massage therapist permit-
Grounds for denial.
It is unlawful for any person to act as massage
therapist unless such person holds a valid permit
issued by the City Manager. The massage therapist
permit shall be issued to any person who has ful-
filled the requirements of this chapter and all appli-
cable provisions of this code unless grounds for
denial of such permit are found to exist. The City
Manager may deny a permit if one or more of the
following are found:
1. That the applicant has not successfully satis-
fied the provisions of this chapter;
2. That the applicant has made a material mis-
statement in the application for a permit;
3. That the applicant has, within three years
immediately preceding the date of the filing of the
application, been convicted of a crime;
4. That the issuance of a permit is likely to be
a hindrance to the health, safety, welfare or the
interest of the people of the City;
5. That the applicant is lacking in the back-
ground qualifications to act as a massage therapist;
6. That the applicant has violated any provision
of this chapter or any similar ordinance, law, rule or
regulation of another public agency which regulates
the operations of massage establishments or massage
technicians. (Ord. 1712 (part), 1995: Ord. 1606 §
17, 1992)
9.06.180 Off-site massage permit-
Application.
An off-site massage permit may be issued to a
Cupertino licensed massage therapist only. In addi-
tion to the permitting criteria for massage therapist,
as required in Sections 9.06.090, 9.06.110 and
9.06.160, an applicant must provide a list of all
businesses and residences where the applicant will
be performing off-site massage. (Ord. 1643 (part),
1994)
21~)-S (Cupertino 3-96)
9.06.190
9.06.190 Off-site massage permit-
Criteria.
Off-site massage may be performed only under
the following criteria:
A. Corporate.
1. The massage treatment shall consist of "cor-
porate" massage only as defined in Section
9.06.020.
2. Off-site "corporate" massage clients shall be
owners and employees of the business at which the
massage therapist will be performing massage.
B. Residential.
1. The massage treatment shall consist of "resi-
dential" massage only as defined in Section
9.06.020.
2. "Residential" massage clients must possess a
referral from a licensed chiropractor or physician to
the effect that treatment in a licensed massage estab-
lishment is not recommended. A record of every
such referral shall be obtained and kept by the per-
son rendering the services for a period of one year
from date of referral. Such record shall show the
name and address of the doctor, the date and any
prescription number. (Ord. 1643 (part), 1994)
9.06.200 Suspension or revocation-
Grounds.
Any license or permit issued under this chapter
may be suspended or revoked by the City Manager
for any reason which would justify the refusal to
grant a license or permit originally. (Ord. 1643
(part), 1994; Ord. 1606 § 18, 1992)
9.06.210 Suspension or revocation-
Notice-Hearing.
The holder of the license or permit shall be given
prompt notice of revocation or suspension of the
license or permit and shall immediately desist from
engaging in the activity. The notice shall fix a time
and place, not less than five or more than thirty
days after service thereof, at which time the holder
of the license or permit may appear before the City
Manager and be granted a hearing upon the merits
of such suspension or revocation. If after such hear-
ing the license or permit is ordered revoked, the
holder shall have the right to appeal such action to
the City Council in accordance with Section
9.06.200 of this chapter. (Ord. 1643 (part), 1994;
Ord. 1606 § 19, 1992)
9.06.220 Appeals.
Any person whose license or permit has been de-
nied, suspended or revoked may appeal the adminis-
trative decision of the City Manager, or designated
representative, by filing a written notice of appeal
with the City Clerk within five working days after
receipt of notice of the decision. Such appeal shall
be heard by the City Council, which may affum,
amend or reverse the order, or take other action
deemed appropriate. The Clerk shall give written
notice of the time and place of the hearing to the
appellant and any other person requesting notice. In
conducting the hearing, the City Council shall not
be limited by the technical rules of evidence. (Ord.
1643 (part), 1994; Ord. 1606 § 20, 1992)
9.06.230 Display of permit licenses.
The owner or operator of massage establishment
shall display a massage establishment license and
the permit for each and every massage therapist
employed in the establishment, in an open and con-
spicuous place on the premises. (Ord. 1712 (part),
1995: Ord. 1643 (part), 1994; Ord. 1606 § 21, 1992)
9.06.240 Inspection by officials-Premises.
Any and all investigating officials of the City of
Cupertino shall have the right to enter massage
establishments from time to time during regular
business hours to make reasonable inspections to
observe and enforce compliance with building, fire,
electrical, plumbing or health regulations, and to
ascertain compliance with the provisions of this
chapter. A warrant shall be obtained whenever re-
quired by law. (Ord. 1712 (part), 1995; Ord. 1643
(part), 1994)
9.06.245 Inspection by officials-Records.
Every massage establishment shall keep a written
record of the date and hour of each service provid-
ed, the name and address of each patron and the
(Cupertino 3-96) 210-6
9.06.245
service received, and the name of the massage thera-
pist administering the service. Such records shall be
open to inspection only by officials of the City of
Cupertino charged with enforcement of this chapter.
These records may not be used for any other pur-
pose than as records of service provided and may
not be provided to other parties by the massage
establishment or service unless otherwise required
by law. Such records shall be retained on the pre-
mises of the massage establishment for a period of
two years. (Ord. 1712 (part), 1995)
9.06.250 Violation-Public nuisance.
Violations of any provisions of this chapter con-
stitutes apublic nuisance which may be abated
pursuant to Chapter 1.09 of the Cupertino Municipal
Code. (Ord. 1643 (part), 1994; Ord. 1606 § 23,
1992)
9.06.260 Violation-Penalty.
Any person who violates the provisions of this
chapter shall be guilty of a misdemeanor and upon
conviction thereof shall be punished as provided in
Chapter 1.12 of the Cupertino Municipal Code.
(Ord. 1712 (part), 1995: Ord. 1643 (part), 1994;
Ord. 1606 § 22, 1992)
existed prior to the effective date of the ordinance
codified in this chapter.
In order to comply with this chapter, each owner
of a massage establishment shall comply with the
provisions of this chapter within thirty days of the
adoption, and each massage therapist must comply
within ninety days of adoption. (Ord. 1712 (part),
1995)
9.06.280 Severability clause.
If any section, subsection, sentence, clause or
phrase of this chapter is for any reason held to be
unconstitutional, such decision shall not affect the
validity of the remaining portions of this chapter.
The legislative body hereby declares that it would
have passed the ordinance codified in this chapter
and each section, subsection sentence, clause or
phrase thereof, irrespective of the fact that any one
or more sections, subsections sentences, clauses or
phrases be declared unconstitutional. (Ord. 1643
(part),1994; Ord. 1606 § 25, 1992)
9.06.270 Continuing violations-
Alternative remedies.
Nothing in this chapter shall be deemed to pre-
vent the City Council from directing the City
Attorney to commence civil action to enjoin the
continued violation of any provisions of this chapter
or to abate a nuisance, as an alternative, or in
conjunction with any other civil or criminal pro-
ceedings provided for herein. (Ord. 1643 (part),
1994; Ord. 1606 § 24, 1992)
9.06.275 Application to eadsting massage
establishments and massage
therapist.
The provisions of this chapter shall become appli-
cable to massage establishments and persons en-
gaged in the practice of massage which lawfully
210-7 (Cupertino 3-96)
16.04.010
Chapter 16.04
BUILDING CODE ADOPTED*
Sections:
16.04.010 Adoption of Uniform Building
Code, 1994.
16.04.020 Organization and enforcement.
16.04.030 Permits and inspections.
16.04.040 Seismic.
16.04.050 Address posting.
16.04.060 Installation of spark arresters.
16.04.070 Single room occupancies
(SRO).
16.04.080 Foundations-Foundation
reinforcement.
16.04.090 Minimum slab thickness.
16.04.100 Conventional construction
provisions (bracing).
16.04.110 Suspended ceiling upgrade.
16.04.120 Other inspection fees-Table
1-A.
16.04.130 Energy permit fees.
16.04.140 Hearing.
16.04.150 Violation-Penalty.
16.04.160 Severability clause.
* For statutory provisions regazding the authority of cities to regulate
the building, construction and removal of buildings within the City,
see Gov. Code § 38601; for other provisions concerning the author-
ity of cities in regulating buildings and construction, see Gov. Code
§ 38660; for the provisions of the State Housing Act, see Health
and Safety Code § 17910 et seq.
16.04.010 Adoption of Uniform Building
Code, 1994.
The Building Code for the City shall be the 1994
Edition of the California Uniform Building Code,
Parts 1, 2 and 3 inclusive and Appendices which
follow:
APPENDIX CHAPTERS
The following Appendix Chapters from the 1994
UBC are adopted:
A. 1994 UBC Appendix Chapter 3, Division 11,
Agricultural Buildings;
B. 1994 UBC Appendix Chapter 15, Reroofing;
C. 1994 UBC Appendix Chapter 18, Water and
Damp-proofing, Foundations;
D. 1994 UBC Appendix Chapter 31, Division
11, Membrane Structures;
E. 1994 UBC Appendix Chapter 31, Division
111, Patio Covers,
except Chapter 107-2, Chapter 107-3, and A33 as
compiled and published by the International Confer-
ence of Building Officials, one copy of which has
been filed for use and examination by the public in
the office of the Building Department, is referred to,
and except as to omissions, amendments and addi-
tions hereinafter noted, is adopted and amended as
part of the Cupertino Municipal Code, as if fully set
forth in this chapter. (Ord. 1706 Exh. A (part),
1995)
16.04.020 Organization and enforcement.
Section 105 of the Uniform Building Code is
amended to read as follows:
Section 105 -Board of Appeals: In order to
determine the suitability of alternate materials and
methods of construction and to provide for rea-
sonable interpretations of the provisions of this
Code, there shall be and is hereby created a
Board of Appeals consisting of five members
who aze qualified by experience and training to
pass upon matters pertaining to building construc-
tion installations and materials. The Building
Official shall be an ex officio member and shall
act as Secretary of the Board. The Board of Ap-
peals shall be appointed by the Mayor, subject to
the approval of the City Council, and shall hold
office at his pleasure. The Board shall adopt
reasonable rules and regulations for conducting
its investigations and shall render all decisions
and findings in writing to the Building Official,
with a duplicate copy to the appellant, and may
recommend to the City Council such new legisla-
tion as is consistent therewith. The same person-
nel of the Board of Appeals appointed under this
Code may act as the Board of Appeals under the
other building construction uniform codes. In the
415 (Cupertino 3-96)
16.04.020
event, as Appeals Boazd is not appointed by the
legislative body, the Council shall serve as said
Appeals Boazd.
(Ord. 1706 Exh. A (part), 1995)
16.04.030 Permits and inspections.
Section 108.7 of the Uniform Building Code is
amended to read as follows:
Section 108.7 -Other Inspections: In addi-
tion to the called inspections specified above, the
Building Official may make or require any other
inspections of any construction work to ascertain
compliance with the provisions of this Code and
other laws which aze enforced by the Building
Department. For the purpose of determining
compliance, the Building Official may cause any
structure to be reinspected. If any inspection is
made at the request of any individual, property
owner or lending institution, a fee equal to the
cost of making such inspection shall be chazged
as set forth in the latest resolution adopted by the
city.
(Ord. 1706 Exh. A (part), 1995)
16.04.040 Seismic.
A. Upon application for a building permit with
a valuation of twenty-five thousand dollazs or more
in improvements to asingle-family dwelling, the
homeowner must demonstrate that the water heater
and furnace are restrained. If the water heater and
furnace aze installed on a platform, the homeowner
must demonstrate that the platform meets 1976
Uniform Building Code Seismic Standards and that
there are flexible gas connectors for all gas appli-
ances.
B. Upon application for a building permit with
a valuation of seventy-five thousand dollars or more
in improvements to asingle-family dwelling, the
homeowner must comply with the requirements
stated above and must retain a licensed engineer or
azchitect to evaluate the structure in order for it to
be brought into compliance with the 1976 Uniform
Building Code Seismic Standazds. (Ord. 1706 Exh.
A (part), 1995)
16.04.050 Address posting.
No Certificate of Occupancy or fmal building
approval for new construction or alterations shall be
granted until the building or residence has a street
address number posted on the building in a visible
location. The size of the numbers shall be a mini-
mum of five inches high for commercial or industri-
al buildings. Residences designated R3 shall have
number sizes of three inches minimum. R1 and
Planned Unit Developments shall submit a number-
ing schedule for approval by the Building Depart-
ment and the Fire Department. All commercial
buildings having a single address assigned with
multi-suite arrangements shall have the suite-num-
bering system approved or assigned by the Building
Department with an approved copy to the Fire De-
partment for emergency use. (Ord. 1706 Exh. A
(part), 1995)
16.04.060 Installation of spark arresters.
In new construction or when alterations, repairs
or additions requiring a permit and having a valua-
tion in excess of one thousand dollazs occur, all new
and existing fireplace chimneys shall terminate in a
substantially constructed spazk arrester, having a
mush not exceeding one-half inch. (Ord. 1706 Exh.
A (part), 1995)
16.04.070 Single room occupancies (SRO).
1994 UBC Section 310.7 is deleted and replaced
with the following:
310.7 Single Room Occupancies: A single
room occupancy shall conform to the require-
ments of the code except as herein provided:
1. The SRO unit shall have a living room of
not less than 220 square feet of superficial floor
area. An additional 100 squaze feet of superficial
floor azea shall be provided for each occupant of
such SRO unit in excess of two.
2. The SRO unit shall be provided with a
separate closet.
(Cupertino 3-96) 416
16.04.070
3. The SRO unit may be provided with a
kitchen sink, cooling appliance and refrigeration
facilities, each having a cleaz working space of
not less than 30 inches (762 mm) in front. Light,
ventilation and emergency egress conforming to
this code shall be provided.
4. Every building shall be provided with at
least one water closet. Every hotel or subdivision
thereof where both sexes are accommodated shall
contain least two sepazate toilet facilities which
are conspicuously identified for male and female
use, each of which contains at least one water
closet.
public hallway. Additional water closets, lavato-
ries and baths shall be provided on each floor for
each sex at the rate of one for every additional
ten guests or fractional number thereof in excess
of ten. Such facilities shall be clearly marked for
"men" or "women." As an alternative, adequate
unisex facilities may be provided. Each sink,
lavatory and either a bathtub or shower shall be
equipped with hot and cold running water neces-
sary for its normal operation.
5. When SRO units aze required by state law
to be accessible or adaptable, see appropriate
sections of state law for access requirements.
EXCEPTION: Hotel guest rooms may have
one unidentified toilet facility.
Additional water closets shall be provided on
each floor for each sex at the rate of one for
every additional ten guests or fractional part
thereof, in excess of ten.
Every SRO unit shall be provided with a
kitchen equipped with a kitchen sink; however,
that single room occupancy living unit facilities
and single room occupancy residential hotels may
contain partial kitchen facilities so long as a sink
is provided and laundry facilities and kitchen
facilities are provided on each floor accessible
from a public hallway.
Every SRO unit and every lodging house
shall be provided with a bathroom equipped with
facilities consisting of a water closet, lavatory and
either a bathtub or shower; however, that single
room occupancy residential hotels may contain
partial bathroom facilities. If individual bath
facilities are not provided, common bath facilities
must be provided as follows:
Where private water closets, lavatories and
baths aze not provided, there shall be provided on
each floor, for each sex, at least one water closet
and lavatory and one bath, accessible from a
Findings
The cost of housing in the Bay Area is one
of the highest in the nation. To increase housing
opportunities in the low end of the mazket, single
room occupancy (SRO) can be a viable alterna-
tive. Most cities have realized that SROs, both
rehabilitated or new, when appropriately located
in commercial of high density residential zones,
can be an important factor in attracting industrial
and commercial services businesses which are
necessary for a balanced population. The labor
force with low wages who normally work for
these types of industries can take advantage of
the less expensive housing offered by SROs.
A growing number of major West Coast
Cities such as San Diego, Seattle, Portland, San
Francisco, Sacramento, Berkeley, and Los Angel-
es have already taken a strong position on pro-
moting single room occupancy housing as well
as preserving what is already being used as SRO
in these cities. Following this trend in the Silicon
Valley, which is heavily populated, will give the
region an economic and social advantage as well
as providing further opportunities for the low
income segment of the population.
This amendment is made pursuant to the authority
set forth in California Health and Safety Code Sec-
tion 17958.1. (Ord. 1706 Exh. A (part), 1995)
417 (Cupertino 3-96)
16.04.080
16.04.080 Foundation-Foundation
reinforcement.
1994 UBC Section 1806.1 is amended by adding
the following at the end of the first paragraph:
A minimum of one top and one bottom con-
tinuous bazs of 1/2" diameter reinforcing steel
shall be required in all continuous concrete or
masonry bearing foundations.
Findings
The Silicon Valley is within a very active
seismic area (seismic zone 4) and local soil con-
ditions can be highly expansive (clay soils). The
Northridge earthquake provided hundreds of
examples of damage to plain concrete footings.
This type of damage is extremely expensive to
repair. In contrast to the small expense of provid-
ing nominal footing reinforcement. Footing rein-
forcement is also necessary to prevent damage
due to pumping action caused by local expansive
soils which shrink and swell during seasonal
drying and setting conditions.
(Ord. 1706 Exh. A (part), 1995)
16.04.090 Minimum slab thickness.
1994 UBC Section 1924 is amended as follows:
(a) General. The minimum thickness of con-
crete floor slabs supported directly on the ground
shall not be less than 3-1/2". The slab shall be
reinforced with not less than six inches by six
inches ten-gauge wire mesh or an approved alter-
nate installed at mid height of the slab.
Findings
Due to expansive soil condition, the above
aze typical minimum requirements by soil engi-
neers in the Silicon Valley in order to avoid
damages due to soil expansion and shrinkage.
(Ord. 1706 Exh. A (part), 1995)
16.04.100 Conventional construction
provisions (bracing).
1994 UBC Section 2326.11.3, Items 5 and 7 are
amended as follows:
Delete 1994 UBC Section 2326.11.3, items
5 which allows the use of gypsum board for
bracing.
Amend 1994 UBC Section 2326.11.3, Item
7 as follows:
Portland cement plaster on studs spaced 16
inches on center installed in accordance with
Table No. 25-1. Limited to single story R-3 and
U-1 occupancies.
Findings
The entire Silicon Valley is located in seismic
zone 4. Gypsum wallboazd and exterior Portland
cement plaster have performed poorly during
recent California seismic events. The sheaz values
for gypsum wallboazd and Portland cement stucco
contained in the code are based on mono-direc-
tional testing. It is appropriate to limit the use of
these products until cyclic loading testing are
performed and evaluated.
(Ord. 1706 Exh. A (part), 1995)
16.04.110 Suspended ceiling upgrade.
1994 UBC Section 3403-2 is amended by adding
a new paragraph at the end of the Section (after the
exceptions) as follows:
When a permit is issued for alterations or
repairs, the existing suspended ceiling system
within the azea of alteration or repair shall com-
ply with the lateral design requirements of UBC
Standard 25-2 Part 111.
Findings
This amendment is necessary to mitigate a
known seismic hazard in existing buildings due
to Silicon Valley's proximity to local active
faults.
(Ord. 1706 Exh. A (part), 1995)
(Cupertino 3-96) 418
16.04.120
16.04.120 Other inspection fees-Table 1-A.
A fee shall be paid to the city as set forth in the
latest resolution adopted by the city. (Ord. 1706
Exh. A (part), 1995)
16.04.130 Energy permit fees.
Energy permit fees shall be paid to the city as set
forth in the latest resolution adopted by the City.
(Ord. 1706 Exh. A (part), 1995)
or applications of this chapter which can be given
effect without the invalid provision or application,
and to this end the provisions of this chapter are
declared to be severable. (Ord. 1706 Exh. A (part),
1995)
16.04.140 Hearing.
The ordinance codified in this chapter shall, after
first reading, be scheduled for public hearing as
provided in Section 50022.3 of the Government
Code. Notice of hearing shall be published pursuant
to Section 60066 of the Government Code in the
Cupertino Courier. Copies of the Uniform Building
Code and the ordinance codified in this chapter shall
be on file with the City Building Official and open
for public inspection. (Ord. 1706 Exh. A (part),
1995)
16.04.150 Violation-Penalty.
Any person, firm, corporation, partnership or
copartnership who willfully violates any of the
provisions, or fails to comply with any of the man-
datory requirements of this chapter, is guilty of an
infraction, and upon conviction thereof shall be
punishable as provided in Chapter 1.12 of the Cu-
pertino Municipal Code, except that nothing herein
contained shall be deemed to bar any legal, equita-
ble or summary remedy to which the City of Cuper-
tino or other political subdivision or any person,
firm, corporation or partnership maybe otherwise
entitled, and the City of Cupertino or any other
political subdivision or person, firm, corporation or
partnership may file a suit in the Superior Court of
the County of Santa Clara to restrain or injoin any
attempted or proposed subdivision, or acts, in viola-
tion of this chapter. (Ord. 1706 Exh. A (part), 1995)
16.04.160 Severability clause.
If any provision of this chapter or application
thereof to any person or circumstances is held inval-
id, such invalidity shall not affect other provisions
418-1 (Cupertino 3-96)
16.08.000
Chapter 16.08
EXCAVATIONS, GRADING AND
RETAINING WALLS*
Sections:
16.08.000 Title.
16.08.010 Purpose.
16.08.020 Definitions.
16.08.030 Severability and validity.
16.08.040 Nuisance abatement.
16.08.050 Scope.
16.08.060 Exemption.
16.08.070 Categorical exemptions.
16.08.080 Application.
16.08.090 Application form.
16.08.100 Site map and grading plan.
16.08.110 Interim erosion and sediment
control plan (interim plan).
16.08.120 Engineering geological reports.
16.08.130 Soils engineering reports.
16.08.140 Work schedule.
16.08.150 Bonds.
16.08.160 Fees.
16.08.170 Grading permit-Approval.
16.08.180 Grading permit-Denial.
16.08.190 Grading permit-Conditions of
approval.
16.08.200 Grading permit-Design
standards.
16.08.210 Grading permit-Limitations
and conditions.
16.08.220 Permittee-Responsibility.
16.08.230 Grading supervision.
16.08.240 Modifications.
16.08.250 Inspections.
16.08.260 Work completion notice-
Report.
16.08.265 Appeal procedure.
'" Prior ordinance history: Ords. 214A, 782 and 1075. For statutory
provisions regarding the obligations of those making excavations
to adjoining landowners, see Civil Code § 832.
16.08.270 Suspension of permit.
16.08.280 Revocation of permit.
16.08.000 Title.
The title of this chapter shall be "Excavations,
Grading and Retaining Walls." (Ord. 1143 Exh. A
(part), 1981)
16.08.010 Purpose.
The purpose of this chapter is to safeguard life,
limb, property, and public welfare by establishing
minimum requirements and standards for regulating
excavation, grading, clearing, and retaining wall
construction, and to preserve and enhance water
quality by controlling surface runoff, erosion and
sedimentation, and establishing procedures by which
these requirements may be enforced. (Ord. 1143
Exh. A (part), 1981)
16.08.020 Definitions.
When used in this chapter, the following words
shall have the meanings ascribed to them in this
section:
1. "Applicant" means any person, corporation,
partnership, association of any type, public agency
or any other legal entity who submits an application
to the Director for a permit pursuant to this chapter.
2. "Bedrock" means the solid undisturbed rock
in place either at the ground surface or beneath
superficial deposits of gravel, sand or soil.
3. "City" means the City of Cupertino.
4. "Civil Engineer" means a professional engi-
neer registered as a civil engineer in the State of
California.
5. "Director" means the Director of Public
Works or his appointed agents.
6. "Engineering geology" means the application
of geological data and principles to engineering
problems dealing with naturally occurring rock and
soil for the purpose of assuring that geological fac-
tors aze recognized and adequately interpreted in
engineering practice.
7. "Erosion" means the action or process of
wearing away of earth or soil by the action of water.
(Cupertino 3-96) 418-2
16.08.020
8. "Existing grade" means the vertical location
or elevation of the existing ground surface prior to
excavating or filling.
41 ~3-3 (Cupertino 3-96)
16.16.010
Chapter 16.16
ELECTRICAL CODE ADOPTED*
Sections:
16.16.010 Adoption of 1993 California
Electrical Code and Uniform
Administrative Code Provisions
(except Table 3-A).
16.16.020 Article 100 amended-
Definitions.
16.16.030 Electrical fee schedule.
16.16.040 Interpretation.
16.16.050 Electrical maintenance
program.
16.16.060 Nonmetallic-sheathed cables.
16.16.070 Violation-Penalty, amended.
* For statutory provisions authorizing cities to regulate the materials
used in wiring structures for electricity and in piping them for
electric supply, and to regulate the manner of such piping, see Gov.
Code § 38660.
16.16.010 Adoption of 1993 California
Electrical Code and Uniform
Administrative Code Provisions
(except Table 3-A).
The provisions of the 1993 California Electrical
Code and each and all of the regulations, provisions,
conditions and terms of the code (one copy of
which has been filed for use and examination by the
public in the office of the Building Department) is
referred to as if fully set forth in this chapter, and
is by such reference adopted. (Ord. 1707 Exh. A
(part), 1995)
16.16.020 Article 100 amended-Definitions.
Article 100 is amended by adding thereto the
following:
A. Electrical Contractors: For the purpose
of this article, an Electrical Contractor shall be a
person holding a valid electrical contractor's
license issued by the State of California.
B. Journeyman Electrician: A journeyman
electrical is an electrician qualified by training
and experience to do electrical work in conjunc-
tion with new construction and/or rework of
existing systems.
C. Maintenance Electrician: An electrician
qualified by training and experience to do the
recurring work required to keep a facility in such
condition that it may be utilized at its designated
capacity and efficiency, to do repair work or
replacement or overhaul of constituent parts or
materials to keep or restore a facility to a condi-
tion substantially equivalent to its original or
design capacity or efficiency.
Electrical work shall be done only by:
a. Owner/occupant
b. Electrical contractors who aze in compli-
ance with the state licensing laws
c. General Building Contractor with current
B-1 license in conjunction with building permit
only.
d. Maintenance electrician
(Ord. 1707 Exh. A (part), 1995)
16.16.030 Electrical fee schedule.
Electrical fees shall be paid to the City as set
forth in the latest resolution adopted by the City.
(Ord. 1707 Exh. A (part), 1995)
16.16.040 Interpretation.
A. The language used in this code, and the Cali-
fornia Electrical Code, which is made a part of this
code by reference, is intended to convey the com-
mon and accepted meaning familiar to the electrical
industry.
B. The Building Official or his assistants is
authorized to determine the intent and meaning of
any provisions of this code. Such determination
shall be made in writing and a record kept, which
record shall be open to the public. (Ord. 1707 Exh.
A (part), 1995)
4:37 (Cupertino 3-96)
16.16.050
16.16.050 Electrical maintenance program.
Any person regularly employing one or more full-
time qualified electricians for the purpose of instal-
lation, alteration, maintenance or repair on any
property which such person owns or occupies, may
designate a qualified electrician as a maintenance
electrician. Upon being approved by the Chief
Building Official, the maintenance electrician shall
make monthly or quarterly reports to the City cover-
ing all installations, additions, or alterations. All
such work shall be installed and done in accordance
with the provisions of the Electrical Code, and shall
be subject to the payment of fees, and to inspection
by the electrical inspector to the same extent as
similaz work performed by other persons and for
which such inspection is provided. (Ord. 1707 Exh.
A (pazt), 1995)
16.16.060 Nonmetallic-sheathed cables.
1993 NEC Article 336-4 is amended by replacing
it with the following:
(a) Type NM or NMC. Types NM and NMC
cables shall not be used (1) in any dwelling or
structure exceeding three floors above grade; (2)
as service-entrance cable; (3) embedded in poured
concrete; or (4) in any non-residential occupancy.
For the purpose of this article, the first floor of
a building shall be that floor that has 50 percent
or more of the exterior wall surface area level
with or above finished grade. One additional
level that is the first level and not designed for
human habitation and used only for vehicle pazk-
ing, storage, or similar use shall be permitted.
Findings
The Silicon Valley is located in the highly
active seismic zone 4. Nonmetallic-sheathed cable
is not afforded the same protection from damage
as wiring in raceways. Damage to Nonmetallic-
sheathed cable could occur in a seismic event
which increases the potential for a fire.
(Ord. 1707 Exh. A (part), 1995)
16.16.070 Violation-Penalty, amended.
Section 204 of the California Electrical Code is
amended to read as follows:
Section 204
Any person, firm, corporation, partnership or
co-partnership who willfully violates any of the
provisions, or fails to comply with any of the
mandatory requirements of this Ordinance is
guilty of an infraction, and upon conviction there-
of, shall be punishable as provided in Chapter
1.12 of the Cupertino Municipal Code, except
that nothing herein contained shall be deemed to
bar any legal, equitable, or summary remedy to
which the City of Cupertino or other political
subdivision or person, firm, corporation or part-
nership may file a suit in the Superior Court of
the county of Santa Clara, to restrain, or enjoin
any attempted or proposed subdivision, or acts,
in violation of this Chapter.
(Ord. 1707 Exh. A (part), 1995)
(Cupertino 3-s6) 438
16.20.010
Chapter 16.20
PLUMBING CODE ADOPTED*
sections thereof) as follows: (Ord. 1708 Exh. A
(part), 1995)
Sections:
16.20.010 Adopted by reference.
16.20.020 Name insertion.
16.20.030 Incorporations and
amendments.
16.20.040 Receptacles for clothes dryer
appliances.
16.20.050 Water piping in or under
concrete slab floors.
16.20.060 Backwater valves.
16.20.070 Cleanouts.
16.20.080 Condensate disposals.
16.20.090 Appendix chapters.
16.20.100 Hearing.
* For statutory provisions regarding the authority of cities to regulate
the construction and location of drains and sewers, and of systems
for piping water or gas, see Gov. Code § 38660.
16.20.010 Adopted by reference.
That certain code entitled "International Associa-
tion of Plumbing Officials Uniform Plumbing Code,
1994 Edition," one copy of which is on file in the
office of the Building Department for use and exam-
ination by the public, excepting those provisions
noted in this chapter, is adopted by reference. (Ord.
1708 Exh. A (part), 1995)
16.20.020 Name insertion.
The names "Cupertino" and "California" shall be
inserted in the appropriate places provided therefor
in each and every section of said Unifonm Plumbing
Code, 1994 Edition, wherein either the name of the
City or State is left blank. (Ord. 1708 Exh. A (part),
1995)
16.20.030 Incorporations and amendments.
New sections incorporated into and amendments
to the Uniform Plumbing Code, 1994 Edition (the
section numbers hereafter used will correspond to
the numbers in the Uniform Plumbing Code, 1994
Edition, or will be inserted in the most appropriate
16.20.040 Receptacles for clothes dryer
appliances.
All new residential construction in R1 and R3
zones shall be provided with both electrical and gas
receptacles at the location of the clothes dryer appli-
ances. (Ord. 1708 Exh. A (part), 1995)
16.20.050 Water piping in or under
concrete slab floors.
1994 UPC Section 609.3 first paragraph, is
amended by replacing it with the following:
Water piping shall not be installed in or
under a concrete floor slab within a building
without prior approval of the Administrative
Authority. When approved, such piping shall be
installed in accordance with the following re-
quirements:
(The Sections 609.3.1 and 609.3.2 remains as
per current code text)
Findings
1. Most of the surface soils in the Silicon
Valley are relatively young and unconsolidated
sedimentary materials formed from a wide variety
of parent materials. The varying chemical compo-
sition, degree of weathering, and the relatively
acid environment have created soils of varying
types, which aze particulazly corrosive in nature.
2. Much of the surface soil in the Silicon
Valley is highly expansive (i.e., shrink-swell
behavior) and have low bearing strength.
There aze two types of expansive soils in the
area:
a. The organic silty clays which aze from the
recent bay muds.
439 (Cupertino 3-96)
16.20.050
b. The plastic silty clays which weather from
the shale found in the hills surrounding Santa
Clara Valley.
3. The local climate is characterized by mazk-
edly delineated rainy and dry seasons, which tend
to maximize the expansive characteristics of soil.
4. Some parts of the Silicon Valley have hazd
water, which is corrosive to ferrous pipe.
5. The groundwater table is unusually high in
many places.
6. The Silicon Valley is in a highly active
seismic area.
(Ord. 1708 Exh. A (part), 1995)
16.20.060 Backwater valves.
1994 UPC Section 710.1 is amended to read as
follows:
(a) Drainage piping serving fixtures which
have flood level rims located below less than
twelve (12) inches (304.8mm) above the eleva-
tion of the next upstream manhole and/or flushing
inlet cover at the public or private sewer system
serving such drainage piping shall be protected
from backflow of sewage by installing an ap-
provedtype backwater valve. Fixtures above such
elevation shall not discharge through the back-
water valve, unless first approved by the Admin-
istrative Authority.
Findings
The Silicon Valley topography includes
mountainous and foothill areas with intermittent
steep slopes. Also, Silicon Valley is located in a
seismically active azea, which increases the likeli-
hood of breakage of building sewers and laterals,
leading to an above average potential of sewage
back-up into buildings without adequate protec-
tion.
(Ord. 1708 Exh. A (part), 1995)
16.20.070 Cleanouts.
1994 UPC Section 719 is amended by adding
subsection 7 as follows:
719.7 Cleanouts shall be installed at the prop-
erty line where the private sewer system connects
to the publicly-maintained sanitary sewer lateral.
All such line cleanouts shall be extended to grade
with materials and according to specifications
approved by the Administrative Authority and
terminate within a concrete box.
Findings
The Silicon Valley soils aze expansive in
nature. These expansive soils create unstable
conditions which increase the potential of breaks
in sewer laterals. To maintain sanitary services,
it is necessary to gain access, to periodically
maintain public sanitary laterals. This is accom-
plished by the additional cleanout as required
above.
(Ord. 1708 Exh. A (part), 1995)
16.20.080 Condensate disposals.
1994 UPC Section 807.2 is amended by replacing
it with the following:
Condensate from air-cooling coils and com-
fort cooling equipment not intended to be used
for the storage or holding of food or drinks shall
be collected and dischazged to an approved point
of disposal acceptable to the Administrative Au-
thority.
Termination of such drains shall be made by
an air break. Condensate drain lines in sizes 1 '/a"
and lazger shall be assembled using approved
drainage pipe and fittings. Condensate waste
water shall not drain over or upon a public way,
sidewalk, pedestrian ramp or the like. Condensate
drains within the interior of a building shall not
be connected to the building or drain or overflow
piping systems. The waste pipe shall have a slope
of not less than 1/8 inch per foot and shall be of
approved corrosion-resistant material not smaller
(Cupertino 3-96) 440
16.20.080
than the outlet size as required below for air-
cooling coils or condensing fuel-burning appli-
ances, respectfully.
Condensate wastes pipes from air-cooling
coils shall be sized in accordance with equipment
capacity as follows:
MINIMUM
CONDENSATE PIPE
EQUIPMENT CAPACITY DIAMETER
Up to 20 tons of refrigeration 3/4 inch
21 to 40 tons of refrigeration 1 inch
41 to 90 tons of refrigeration 1-1/4" inch
91 to 125 tons of refrigeration 1-1/2" inch
126 to 250 tons of refrigeration 2 inch
The size of condensate waste pipes may be
for one unit or a combination of units, or as
recommended by the manufacturer. The capacity
of waste pipes assumes a 1/8 inch-per-foot slope,
with the pipe running three-quarters full.
Condensate drain sizing for other slopes or
other conditions shall be approved by the Admin-
istration Authority.
B. 1994 UPC Appendix B, Combination Waste
and Vent Systems.
C. 1994 UPC Appendix D, Rainwater Systems.
D. 1994 UPC Appendix E, Mobile Home Pazk
Plumbing Standards.
E. 1994 UPC Appendix H, Procedures for Sizing
Commercial Kitchen Grease Interceptors.
F. 1994 UPC Appendix I, Private Sewage Dis-
posal Systems.
A
PART ONE
ADMINISTRATION
Section 102.3.1 & 102.3.2 Violation-
Penalties
Chapter 1.12 of the Cupertino Municipal
Code, titled General Penalty is hereby added to
this section.
Section 103.4.1 Cost of Permit
SCHEDULE OF FEES
Findings
The waste water treatment facilities serving
many silicon valley cities are operating at or neaz
maximum capacity. The dischazge of treated
waste water into San Francisco Bay is detrimental
to its sensitive ecosystem.
Cooling coil and comfort cooling equipment
condensate waste dischazge does not contain
pollutants which require treatment before being
discharged into storm sewers or the ground.
(Ord. 1708 Exh. A (part), 1995)
16.20.090 Appendix chapters.
Adopt the following appendix Chapters from the
1994 UPC:
A. 1994 UPC Appendix A, Rules for Sizing
Water Systems.
Fees shall be paid the City as set forth in the
latest resolution adopted by the City.
Board of Appeals of the Uniform Plumbing
Code is hereby amended to read as follows:
In order to determine the suitability of alter-
nate materials and methods of construction and
to provide for reasonable interpretations of the
provisions of this Code, there shall be and is
hereby created a Boazd of Appeals, consisting of
five members who are qualified by experience
and training to pass upon matters pertaining to
building construction installation and materials.
The Building Official shall be an ex-officio mem-
ber and shall act as Secretary of the Board. The
Boazd of Appeals shall be appointed by the May-
or, subject to the approval of the City Council,
and shall hold office at his pleasure. The Board
shall adopt reasonable rules and regulations for
411 (Cupertino 3-96)
16.20.090
conducting its investigations and shall render all
decisions and fmdings in writing to the Building
Official with a duplicate copy to the appellant,
and may recommend to the City Council such
new legislation as is consistent therewith. The
same personnel of the Board of Appeals appoint-
ed under this Code may act as the Board of Ap-
peals under the other building construction uni-
form codes. In the event an Appeals Board is not
appointed by the legislative body, the Council
shall serve as said Appeals Board.
(Ord. 1708 Exh. A (part), 1995)
16.20.100 Hearing.
The ordinance codified in this chapter shall, after
first reading, be scheduled for public hearing as
provided in Section 50022.3 of the Government
Code. Notice of hearing shall be published pursuant
to Section 6066 of the Government Code in the
Cupertino Courier. Copies of the Uniform Code and
the ordinance codified in this chapter shall be on file
with the City Building Department and open for
public inspection. (Ord. 1708 Exh. A (part), 1995)
(Cupertino 3-96) 442
16.24.010
Chapter 16.24
MECHANICAL CODE ADOPTED
Sections:
16.24.010 Adopted by reference.
16.24.020 Name insertion.
16.24.030 Condensate wastes.
16.24.040 Hearing.
16.24.050 Severability.
16.24.060 Board of appeals.
16.24.070 Table No. 1-A-Mechanical
permits fees amended.
16.24.080 Violation-Penalty.
and lazger shall be assembled using approved
drainage pipe and fittings. Condensate waste
water shall not drain over or upon a public way,
sidewallc, pedestrian ramp or the like. Condensate
drains with terminations within the interior of a
building shall not be connected to the building
roof drain or overflow piping systems.
Findings
The waste water treatment facilities serving
many Silicon Valley cities aze operating at or
neaz maximum capacity. The discharge of treated
waste water into San Francisco Bay is detrimental
to its sensitive ecosystem.
16.24.010 Adopted by reference.
That certain code entitled "California Uniform
Mechanical Code 1994 Edition" as compiled and
published by the International Conference of Build-
ing Officials, one copy of which is on file in the
office of the Building Department for use and exam-
ination by the public, excepting those provisions
noted in this chapter, is adopted by reference. (Ord.
1709 Exh. A (part), 1995)
16.24.020 Name insertion.
The names "Cupertino" and/or "California" shall
be inserted in the appropriate places provided there-
for in each and every section of said mechanical
code wherein the name of the City or State is left
blank. (Ord. 1709 Exh. A (part), 1995)
16.24.030 Condensate wastes.
1994 UMC Section 310.1 is amended by replac-
ing it with the following:
Condensate from air cooling coils and com-
fort cooling equipment not intended to be used
for the storage or holding of food or drinks shall
be collected and discharged to an approved point
of disposal acceptable to the Administrative Au-
thority.
Termination of such drains shall be made by
an air break. Condensate drain lines in sizes 1-'/a'
Cooling coil and comfort cooling equipment
condensate waste dischazge does not contain
pollutants which require treatment before being
dischazged into storm sewers or the ground.
(Ord. 1709 Exh. A (part), 1995)
16.24.040 Hearing.
The ordinance codified in this chapter shall, after
first reading, be scheduled for public hearing as
provided in Section 50022.3 of the Government
Code of the State of California. Notice of hearing
shall be published pursuant to Section 6066 of the
Government Code in the Cupertino Courier. Copies
of the Uniform Mechanical Code, 1991 Edition, and
this chapter shall be on file with the City Building
Department and open for public inspection. Notice
of hearing shall generally describe purpose and
subject matter of the ordinance. (Ord. 1709 Exh. A
(part), 1995)
16.24.050 Severability.
If any section, subsection, sentence, clause or
phrase of this chapter is, for any reason, held to be
unconstitutional, such decisions shall not affect the
validity of the remaining portions of this chapter.
The City Council declazes that it would have enact-
ed the ordinance codified in this chapter and each
section, subsection, sentence, clause or phrase there-
of, irrespective of the fact that any one or more
section, subsections, sentences, clause or phrases be
413 (Cupertino 3-96)
16.24.050
declared unconstitutional. (Ord. 1709 Exh. A (part),
1995)
16.24.060 Board of appeals.
Section 110 of the Uniform Mechanical Code is
amended to read as follows:
In order to determine the suitability of alter-
nate materials and methods of construction and
to provide for reasonable interpretations of the
provisions of this Code, there shall be and is
hereby created a Board of Appeals, consisting of
five members who are qualified by experience
and training to pass upon matters pertaining to
building construction, mechanical design and
maintenance and the public health aspects of
mechanical systems. The Building Official shall
bean ex-officio member appointed by the Mayor,
subject to the approval of the City Council, and
shall hold office at his pleasure. The Board shall
adopt reasonable rules and regulations for con-
ducting its investigations and shall render all
decisions and findings in writing to the Building
Official, with a duplicate copy to the applicant,
and may recommend to the City Council such
new legislation as is consistent therewith. The
same personnel of the Board of Appeals under
the other building construction uniform codes. In
the event an Appeals Board is not appointed by
the legislative body, the Council shall serve as
said Appeals Board.
(Ord. 1709 Exh. A (part), 1995)
16.24.070 Table No. 1-A-Mechanical
permits fees amended.
Fees shall be paid the City as set forth in the
latest resolution adopted by the city. (Ord. 1709
Exh. A (part), 1995)
16.24.080 Violation-Penalty.
Section 111 of the California Uniform Mechani-
cal Code is amended by adding Chapter 1.12 of the
Cupertino Municipal Code, titled General Penalty.
(Ord. 1709 Exh. A (part), 1995)
(Cupertino 3-96) 444
16.36.070
hours; together with the cost of the service rendered
by any employee of the City or by any company or
corporation in protecting, trimming, or cutting trees
or removing and replacing wires or poles; and from
which he shall also deduct such sums as will be
necessary to cover any damage done to the property
of any person along the route of the removal. Any
dispute between the holder of a permit and the City
as to the cost of any service rendered by any person
or the amount of damage done to the property of
any person shall be referred to the City Clerk,
Building Inspector and City Attorney and their
decision shall be final;
E. Accessory Building. An accessory building,
not over four hundred squaze feet in azea, may be
moved in conjunction with the moving of a resi-
dence from the same location to the same location
without paying an additional fee. (Ord. 82 § 7,
1959)
16.36.080 Contiguous land.
Notwithstanding the provisions of Section
16.36.070C and D, an existing building may be
moved from land contiguous to the City, to land
within the City, in all cases where the owner of said
contiguous land has taken such steps as the Council
may require in order to annex said contiguous land
to the City. (Ord. 82 § 8, 1959)
16.36.090 Metal tires prohibited.
No building shall be moved upon any truck hav-
ing metal tires. (Ord. 82 § 9, 1959)
16.36.100 Roller restrictions.
No building shall be moved upon rollers unless
planks are placed under the rollers of such width
and in such manner as to protect the surface of the
street from damage. (Ord. 82 § 10, 1959)
16.36.110 Truck requirements.
No building shall be moved unless moved on
rollers or upon a truck having wheels equipped with
pneumatic, or solid rubber tires. (Ord. 82 § 11,
1959)
16.36.120 Person in charge-Duties.
Every person in charge of the moving of any
building on or over the streets of the City shall:
A. Notify the fire department within one-half
hour after sunset of the location of the building and
the route over which the building is to be moved
during the night;
B. Give twenty-four hours written notice to any
person responsible for trimming trees, removing
wires or the doing of other things necessary to per-
mit the moving of the building over the route desig-
nated;
C. Maintain red lights at each corner of the
building from one-half hour after sunset till one-half
hour before sunrise;
D. Carry insurance to cover accidents or damage
to persons and property or furnish bond therefor
satisfactory to the Building Inspector;
E. Notify the Sheriff's office of the time of
moving and the route over which the building is to
be moved. (Ord. 82 § 12, 1959)
16.36.130 Violation-Penalty.
Any person, firm or corporation who shall violate
any provision of this chapter shall be guilty of a
misdemeanor, and upon conviction thereof shall be
punished as provided in Chapter 1.12. (Ord. 82 §
13, 1959)
459 (Cupertino 3-~~
Chapter 16.40
FIRE CODE
Sections:
16.40.010 Adoption of the Uniform Fire
Code.
16.40.020 Administration.
16.40.030 Final inspection.
16.40.040 Training.
16.40.050 Fire protection systems.
16.40.060 Institutional.
16.40.070 Permit fees.
16.40.080 Permit amounts for compressed
gases.
16.40.090 Hazardous materials business
plan.
16.40.100 Moderately toxic gas.
16.40.110 Storage facility.
16.40.120 Type of water supply.
16.40.130 Tool caches.
16.40.140 Valves below grade.
16.40.150 Required installations.
16.40.160 Standpipe required systems.
16.40.170 Monitoring of fire
extinguishing systems.
16.40.180 Flaming foods and beverages.
16.40.190 Canned heating devices.
16.40.200 Use, storage and handling of
compressed natural gas.
16.40.210 Carts used for food
preparation.
16.40.220 Portable deep fat fryers.
16.40.230 Nozzles.
16.40.240 Storage limits.
16.40.250 Scope.
16.40.260 Securing compressed gas
containers, cylinders and tanks.
16.40.270 Limits established by law.
16.40.280 General.
16.40.290 General.
16.40.300 General.
16.40.310 Plans for flammable liquid
storage.
16.40.320 Locations where above ground
tanks are prohibited.
16.40.330 General.
16.40.340 General safety.
16.40.350 Limited application.
16.40.360 Hazardous materials
management plan.
16.40.370 Reduced flow orifices.
16.40.380 Design and construction.
16.40.390 Additional regulations for
supply piping for health hazard
materials.
16.40.400 Notification.
16.40.410 Identification signs.
16.40.420 Annual maintenance.
16.40.430 Separation of incompatible
hazardous materials.
16.40.440 Facility transport.
16.40.450 Transport safety.
16.40.460 Height.
16.40.470 Containment requirements.
16.40.480 Highly toxic and toxic gases.
16.40.490 Indoor storage.
16.40.500 Outdoor storage.
16.40.510 Indoor use.
16.40.520 Outdoor use.
16.40.530 Seismic shut-otl' valve.
16.40.540 Fire extinguishing systems.
16.40.550 Automatic shut-off valve.
16.40.560 Emergency control station.
16.40.570 Local gas shut-off.
16.40.580 Inert gas purge system.
16.40.590 Maximum threshold quantity.
16.40.600 Moderately toxic gases
including those used as
refrigerants.
16.40.610 Indoor storage.
16.40.620 Ventilation.
16.40.630 Treatment systems.
16.40.640 Gas detection.
16.40.650 Outdoor storage.
16.40.660 Canopies.
16.40.670 Piping and controls.
16.40.680 Leaking cylinders.
(Cupertino 3-96) 460
16.40.010
16.40.690 Local exhaust for leaking
portable tanks.
16.40.700 Indoor use.
16.40.710 Inert gas purge system.
16.40.720 Outdoor use.
16.40.730 Ventilation.
16.40.740 Treatment systems.
16.40.750 Moderately toxic gases with a
lc 50 equal to or less than
three thousand parts per
million.
16.40.760 Maximum threshold quantity.
16.40.770 General.
16.40.780 Secondary containment.
16.40.790 General.
16.40.800 Ventilated area.
16.40.810 Emergency power.
16.40.820 General.
16.40.830 Distance limitation to
exposures.
16.40.840 Cylinder leak testing.
16.40.850 Excess flow control.
16.40.860 Applicability.
16.40.870 Emergency alarm.
16.40.880 Permits and plans.
16.40.890 Established limits.
16.40.900 Firebreak vegetation.
16.40.910 Roof coverings.
16.40.920 Distribution of fire hydrants.
16.40.930 Violations-Penalties.
16.40.940 Hearing.
16.40.950 Abatement of hazard.
16.40.010 Adoption of the Uniform Fire
Code.
There is adopted by the City for the purpose of
prescribing regulations governing conditions hazazd-
ous to life and property from fire or explosion, that
certain code known as the Uniform Fire Code and
also the California Fire Code, including Appendix
Chapters I-C, II-A, II-B, II-C, II-D, II-F, II-I, III-A,
III-B, III-D, IV-A, IV-B, V-A, VI-A, VI-B, and the
Uniform Fire Code Standards as published by the
International Fire Code Institute, being particularly
the 1994 Editions thereof and the whole thereof,
save and except such portions as are hereinafter
deleted, modified or amended by this chapter, of
which one copy has been filed for use and examina-
tion by the public in the office of the building de-
partment and the same adopted and incorporated as
fully as if set out at length in this chapter, and from
the date on which the ordinance codified in this
chapter shall take effect, the provision thereof shall
be controlling within the limits of the City. (Ord.
1711 Exh. A (part), 1995)
16.40.020 Administration.
Section 101.3.1 is added to read as follows:
101.3.1 Administration. The City Manager,
through the powers vested by the City Council,
shall have the authority to delegate any and all
responsibility for the maintenance and enforce-
ment of the provisions of this Code to whichever
legal entity he feels best serves the interests of
the City.
Wherever the words "Chief," "Fire Marshal,"
"Fire Department," "Fire Prevention Bureau,"
"Fire Chief," and other such similaz words aze
used, they shall mean and refer to such legal
entity designated by the City Manager of Cuperti-
no under the authority of the City Council of
Cupertino.
Wherever the words "municipality," jurisdic-
tion," or "city" are used, they shall mean the City
of Cupertino.
Wherever the words "Executive Body" are
used, they shall mean the City Council of Cuper-
tino.
Wherever the words "Administrator" or "Ex-
ecutive" are used, they shall mean the City Man-
ager of Cupertino.
Wherever the words "District Attorney" or
"Corporation Counsel" aze used, they shall mean
the City Attorney of Cupertino.
461 (Cupertino 3-96)
16.40.020
Wherever the words "Board of Appeal" aze
used, they shall mean the City Council of Cuper-
tino or the body appointed by the Council to pass
on matters pertaining to fire safety.
(Ord. 1711 Exh. A (part), 1995)
16.40.030 Final inspection.
Section 103.3.2.3 is added to read as follows
f.6 Fire protection systems. A permit shall
be required to install, alter or change unless oth-
erwise herein noted any fire hydrant system, fire
extinguishing system or fire alarm system which
was previously required by permit.
(Ord. 1711 Exh. A (part), 1995)
16.40.060 Institutional.
Section 105.8 i.l is added to read as follows:
103.3.2.3 Final Inspection. No final inspec-
tion as to all or any portion of a development
shall be deemed completed until the installation
of the required facilities and access ways have
been completed and approved. No final certificate
of occupancy may be granted until the Fire Dis-
trict issues notice of final cleazance to the Build-
ing Department.
(Ord. 1711 Exh. A (part), 1995)
16.40.040 Training.
Section 103.3.2.4 is added to read as follows:
103.3.2.4 Training. When required by the
Chief, newly constructed buildings shall be made
available to the Fire District for familiarization
training operations prior to occupancy. Addition-
ally, instruction/operations manuals and orienta-
tion presentations shall be provided by the build-
ing owner when required by the Chief. This
training shall not delay the occupancy of the
building. (Ord. 1711 Exh. A (part), 1995)
16.40.050 Fire protection systems.
Section 105.8 f.6 is added to read as follows:
One-Time Fee
i.l Institutional.
Section 105.8 i.l is added to read as follows:
i.l Institutional. It shall be unlawful to oper-
ate, maintain, or use any institution until all State
and local laws and regulations governing safety
from fire and panic have been satisfactorily com-
plied with and a permit from the Chief has been
obtained for that occupancy. (For the purpose of
this Section, an institution shall be, but is not
limited to: hospital children's home, home or
institution for insane or mentally retazded per-
sons, home or institution for the care of aged or
senile persons, sanitarium, nursing or convales-
cent home, certified family caze homes, residen-
tial caze homes for the elderly, out of home
placement facilities, halfway house, and day care
nurseries or similar facility of any capacity.)
(Ord. 1711 Exh. A (part), 1995)
16.40.070 Permit fees.
Section 105.9 is added to read as follows:
105.9 Permit Fees. Fees shall be paid to
Central Fire District as follows:
1. Permits for fire hydrant systems, fire extinguishing systems, fire alarm sys-
tems shall be chazged as outlined in Chapter 3 of the Uniform Building
Code
Second and additional reinspections $30.00 each
2. Job site consultation as determined by the Fire Chief $50.00 Man
Hour/1 Hour
Minimum
(Cupertino 3-96) 462
16.40.070
Yearly Fees
3. Institutional ermits
A. Over 50 ersons $100.00
B. More than 6 ersons $75.00
4. Da Care Facilities
Six or More $35.00
5. Places of Assembl
A. 50-300 ersons $50.00
B. Over 300 ersons $85.00
C. Tents in excess of 300 s . ft (or for each ermit) $85.00
(Urd. 1 /11 Exh. A (part), 1yy5)
16.40.080 Permit amounts for compressed
gases.
Table 105-A is amended as follows:
UFC TABLE 105 - A
Permit Amounts For Compressed Gases*
Type of Gas Amount (cubic feet) x
0.0283 for M3
Corrosive 200
Flammable (except cryo-
genic and liquefied petro-
leum aces) 200
Hi hly Toxic any amount
Inert and sim le as h xiant 6,000
Irritant 200
Moderatel Toxic 20
Other Health Hazards 650
Oxidizing (including oxy-
en) 504
Pyrophoric any amount
Radioactive any amount
Sensitizer 200
Toxic any amount
Unstable (reactive) any amount
* See Articles 74, 80 and 82 for additional requirements
and exceptions.
16.40.090 Hazardous materials business
plan.
Sec. 209-H is added to read as follows:
290-H HAZARDOUS MATERIALS BUSI-
NESSPLAN is a written plan containing General
Information, Emergency Response Plan, Training
Plan, Inventory Statement, and Site Plan. Each
section shall be in such for and detail as required
by the chief shall contain at a minimum the infor-
mation required pursuant to section 25500 et. seq.
of the Health and Safety Code.
(Ord. 1711 Exh. A (part), 1995)
16.40.100 Moderately toxic gas.
Section 214-M is added to read as follows:
214-M MODERATELY TOXIC GAS is a
gas that has a median lethal concentration (LC50)
in air of more than 2,000 parts per million but
not more than 7,500 parts per million by volume
of gas or vapor when administered by continuous
inhalation for one hour, or less if death occurs
within one hour, to albino rats weighing between
200 and 300 grams each.
(Ord. 1711 Exh. A (part), 1995)
(Ord. 1711 Exh. A (part), 1995)
4Ei3 (Cupertino 3-96)
16.40.110
16.40.110 Storage facility.
Section 220-S is added to read as follows:
16.40.130 Tool caches.
Section 1001.11 is added to read as follows:
220-S STORAGE FACILITY is any one or
combination 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.
(Ord. 1711 Exh. A (part), 1995)
16.40.120 Type of water supply.
Section 903.3 is amended to read as follows
903.3 Type of Water Supply. Water supply
is allowed to consist of reservoirs, pressure tanks,
elevated tanks, water mains or other fixed sys-
tems capable of providing the required fire flow.
In setting the requirements for fire flow, compli-
ance with Appendix III-A of this code shall be
deemed adequate, except for the following:
1. Buildings in excess of two (2) stories in
height or 35 ft. in height, or that require a fire
flow in excess of 2,000 gallons per minute shall
be equipped throughout with an approved auto-
matic fire sprinkler system.
Chief). automatic sprinkler system installed
throughout the building will be an acceptable
alternate means of protection provided that a
sprinkler system is not otherwise required by the
Fire or Building Code.
(Ord. 1711 Exh. A (part), 1995)
1001.11 Tool Caches. Rooms containing fire
fighting equipment aze required for all new build-
ings having floors used for human occupancy
located more than 75 feet above the lowest level
of fire department vehicle access. Such rooms
shall be located as required by the Chief. The
costs associated with the construction of the room
and all original equipment costs aze to be paid by
the building owner.
(Ord. 1711 Exh. A (part), 1995)
16.40.140 Valves below grade.
Section 1003.1.4. is added to read as follows:
1003.1.4 Valves below grade. Valves for
water type fire protection systems, when installed
below grade, shall be installed in an approved
box or vault.
(Ord. 1711 Exh. A (part), 1995)
16.40.150 Required installations.
Section 1004.6 is added to read as follows:
1004.6 Required installations. When, in the
opinion of the Chief, an unusual condition or
hazard exists, hose connections may be required
and may be provided as outlined in Section 4-
5.21 of N.F.P.A. #13, 1994 Edition.
(Ord. 1711 Exh. A (part), 1995)
16.40.160 Standpipe required systems.
Table 1004-A is amended as follows:
Table 1004-A-Standpipe required systems
Occupancy Nonsprinklered Building' Sprinklered BuildingZa
x 304.8 for mm x 0.0929 for m2 Standpipe Class Hose Requirement Standpipe Class Hose Requirement
1. Occupancies exceeding 150 ft. in height III Yes I No
and more than one story
2. Occupancies 4 stories or more but less [I and II°] 5 I No
than 150 ft. in height, except Group R, (or II) Yes
Division 3'
(Cupertino 3-96) 464
16.40.160
3. Group A Occupancies with occupant II Yes No requirement No
load exceedin 1,0006
4. Group A, Division 2.1 Occupancies II Yes II Yes
over 5,000 square feet in area used for
exhibition
5. Groups I; H; B; S; M; F, Division 1 II' Yes No requirement No
Occupancies less than 4 stories in
height but greater than 20,000 square
feet r floor'
6. Stages more than 1,000 square feet in II No III No
area
'Except as otherwise specified in Item 4 of this table, Class II standpipes need not be provided in
basements having an automatic fire-extinguishing system throughout.
ZThe standpipe system may be combined with the automatic sprinkler system.
3Portions of otherwise sprinklered buildings which are not protected by automatic sprinklers shall have
Class II standpipes installed as required for the un:;prinklered portions.
°In open structures where Class II standpipes m.ay be damaged by freezing, the building official may
authorize the use of Class I standpipes which are l~~cated as required for Class II standpipes.
SHose is required for Class II standpipes only.
6Class II standpipes need not be provided in assembly areas used solely for worship.
'For the purposes of this table, occupied roofs of parking structures shall be considered an additional
story. In parking structures, a tier is a story.
BThe Chief may require the installation of Class I or II standpipes when the size or configuration of
the building would not allow for the advancement of fire hose lines from the exterior of the building. The
locations of the Class I standpipes shall be approved by the Chief and need not comply with Section
1004.3. The locations of Class II standpipes shall comply with Section 1004.4.
(Ord. 1711 Exh. A (part), 1995)
16.40.170 Monitoring of fire extinguishing
systems.
Section 1007.3.3.3.5 is added to read as follows:
16.40.180 Flaming foods and beverages.
Section 2501.18.2 is deleted and replaced to read
as follows:
1007.3.3.3.5 Monitoring of fire extinguish-
ing systems. When a fire alarm system is in-
stalled in a building, the system shall monitor all
fire extinguishing systems. Activation of any fire
extinguishing system shall send an alarm signal
to the fire alarm control panel and initiate the
alarm signaling devices.
(Ord. 1711 Exh. A (part), 1995)
2501.18.2 Flaming foods and beverages.
The preparation of flaming foods or beverages
shall be in accordance with the following:
1. The fuels or table side cooking shall be
limited to canned heating devices (such as Sterno,
etc.) and compressed natural gas. The use of
liquefied petroleum gases or flammable or com-
bustible liquids is not permitted,
461-1
(Cl~per6no 3-96)
16.40.180
2. Flaming foods or beverages shall be pre-
pazed only in the immediate vicinity of the table
being served. They shall not be transported or
carried while burning,
3. The person preparing the flaming foods or
beverages shall have a wet cloth towel immedi-
ately available for use in smothering the flames
in the event of an emergency,
4. The serving of flaming foods or beverages
shall be done in a safe manner and shall not
create high flames. The pouring, ladling or
spooning of liquids is restricted to a maximum
height of 8 inches (203.2 mm) above the receiv-
ing receptacle, and
5. Containers shall be secured to prevent
spillage when not in use.
(Ord. 1711 Exh. A (part), 1995)
16.40.190 Canned heating devices.
2501.18.2.1 Canned heating devices. The
heating and cooking of food by canned heating
devices shall be in accordance with the follow-
ing:
1. Combustible products or materials shall not
be used in the immediate area where canned
heating devices are being utilized. Table cover-
ings aze permitted provided they comply with
Section 1103.3.3.1.
2. Carts, tables, etc. used in conjunction with
canned heating devices must be of adequate con-
struction to prevent tipping or falling.
(Ord. 1711 Exh. A (part), 1995)
16.40.200 Use, storage and handling of
compressed natural gas.
2501.18.2.2 Use, Storage and Handling
of Compressed Natural Gas. The use, storage
and handling of compressed natural gas in-
volved in the preparation of flaming foods and
beverages shall be in accordance with the
following:
1. Compressed natural gas cylinders shall not
exceed 84 cubic feet in size.
2. Appliances for use with compressed natu-
ral gas must be approved for use with com-
pressed natural gas by the American Gas Associ-
ation or other nationally recognized technical
organization.
3. The use of compressed natural gas may be
disallowed based on, but not limited to; unsafe
appliances, unsafe building conditions, inadequate
exiting and type of cooking involved.
4. Changing of compressed natural gas cylin-
ders shall be done outside of the building by
trained personnel.
5. Compressed natural gas cylinders shall be
securely stored outside of the kitchen azea away
from sources of ignition.
6. There shall not be more than one com-
pressed natural gas cylinder for each tableside
cart in use at any time.
7. At not time the combined quantity of com-
pressed natural gas in use and in storage that is
utilized for the preparation of flaming foods and
beverages exceed 400 cubic feet in any building.
(Ord. 1711 Exh. A (part), 1995)
16.40.210 Carts used for food preparation.
2501.18.2.3 Carts used for food prepara-
tion. Carts utilized for the preparation of flam-
ing foods and beverages must be approved for
such use and be equipped with a portable fire
extinguisher having a minimum rating of
2A: IOBC.
(Ord. 1711 Exh. A (part), 1995)
16.40.220 Portable deep fat fryers.
2501.18.2.4 Portable Deep Fat Fryers.
Portable deep fat fryers shall be approved for
such use. The portable deep fat fryers shall be
placed on a surface of substantial construction as
(Cupertino 3-96) 464-2
16.40.220
to prevent the fryer from falling over and spilling
the grease. A fire extinguisher with a minimum
rating of 40B:C shall be located in the azea where
the deep fat fryer is being used.
(Ord. 1711 Exh. A (part), 1995)
16.40.230 Nozzles.
Section 5202.4.3.2, first and second pazagraphs,
are amended to read as follows:
5202.4.3.2 Nozzles. A listed automatic-clos-
ing-type hose nozzle valve with alatch-open
device shall be provided on island-type dispensers
used for dispensing Class I, II or III-A liquids.
Overhead-type dispensing units shall be pro-
vided with a listed automatic-closing-type hose
nozzle valve with alatch-open device.
(Ord. 1711 Exh. A (part), 1995)
16.40.240 Storage limits.
Section 5204.5.2.1 is added to read as follows:
5204.2.1 Storage limits. The storage of com-
pressed natural gas is permitted only in areas
zoned as "Industrial" or as otherwise approved by
the Chief.
(Ord. 1711 Exh. A (part), 1995)
16.40.250 Scope.
Section 6301 is amended to read as follows:
16.40.260 Securing compressed gas
containers, cylinders and tanks.
Section 7401.6.4 is amended to read as follows:
7401.6.4 Securing compressed gas contain-
ers, cylinders and tanks. Compressed gas con-
tainers, cylinders and tanks shall be secured to
prevent falling due to contact, vibration or seis-
mic activity. The securing of compressed gas
containers shall be with non-combustible re-
straints and tanks shall be by one of the follow-
ing methods:
EXCEPTION: Compressed gas containers,
cylinders and tanks in the process of examination,
filling, transport or servicing.
1. Containers and tanks greater than 26" in
height shall be fixed to a secure object with at
least two (2) restraints. The restraints shall be
equally spaced, so that the bottom restraint is
located one third of the distance from the bottom
of the container, and the top restraint is located
one third of the distance from the top of the con-
tainer.
2. Securing containers, cylinders and tanks on
a cart or other mobile device designed for the
movement of compressed gas containers, cylin-
ders or tanks.
SECTION 6301~COPE
Refrigeration unit and system installations
having a refrigerant circuit containing more than
220 pounds (100 kg) of Group Al or 30 pounds
(13.6 kg) of any other group refrigerant shall be
in accordance with Article 63 and the Mechanical
Code. See the Mechanical Code for refrigerant
group descriptions. See also Sections 8001.1.2,
8001.15, and 8002.
(Ord. 1711 Exh. A (part), 1995)
3. Nesting of compressed gas containers,
cylinders and tanks at container filling or servic-
ing facilities or in seller's wazehouses not acces-
sible to the public. Nesting shall be allowed
provided the nested containers, cylinders or tanks,
if dislodged, do not obstruct the required means
of egress.
4. Securing of compressed gas containers,
cylinders and tanks to or within a rack, frame-
work, cabinet or similaz assembly for such use.
(Ord. 1711 Exh. A (part), 1995)
461-2a (Cupecfino 3-96)
16.40.270
16.40.270 Limits established by law.
Section 7701.7.2 is amended to read as follows
7701.7.2 Limits established by law. The
storage of explosive materials is permitted only
in azeas zoned as "Industrial" or as otherwise
approved by the Chief.
(Ord. 1711 Exh. A (part), 1995)
16.40.280 General.
Section 7901.1.1.1 is added to read as follows
7901.1.1.1 General. The storage, dispensing,
mixing, handling and use of flammable and com-
bustible liquids shall be done in a manner so as
not to increase the risk of an unauthorized re-
lease.
(Ord. 1711 Exh. A (part), 1995)
16.40.290 General.
Section 7901.8.1 is amended to read as follows:
7901.8.1 General. Buildings, rooms and
azeas shall be provided with a means to control
spillage and to contain or drain spillage and fire-
protection water as set forth in Section 7901.8.
See also section 8001.14.5.
(Ord. 1711 Exh. A (part), 1995)
16.40.300 General.
Section 7901.11.1.1 is amended to read as fol-
lows:
7901.11.1.1 GENERAL. Piping, valves,
fittings and related components intended for use
with flammable and combustible liquids shall be
designed and fabricated from suitable materials
having adequate strength and durability to with-
stand the pressures, structural stresses and expo-
sures to which they can be subjected. Such equip-
ment shall be in accordance with nationally rec-
ognized engineering standazds, be listed for the
application or be approved by the chief. See
Article 90, Standards a 2.2, a 2.3, a 2.4, a 2.5, a
2.6, u 1.10, u 1.11. Nonmetallic piping, if used,
shall be installed in accordance with the
manufacturer's installation instructions. Contain-
ment shall be provided for liquid hazazdous mate-
rials. Containment includes but is not limited to
double walled piping.
(Ord. 1711 Exh. A (part), 1995)
16.40.310 Plans for flammable liquid
storage.
Section 7901.3.2 is deleted in its entirety. (Ord.
1711 Exh. A (part), 1995)
16.40.320 Locations where above ground
tanks are prohibited.
Section 7902.2.2.1 is amended to read as follows:
7902.2.2.1 Locations where above ground
tanks are prohibited. The storage of Class I, II
and III-A liquids in aboveground tanks outside of
buildings is permitted only in azeas zoned as
"Industrial" or as otherwise approved by the
Chief. Regazdless of the provisions of this code
for tank locations relative to buildings and prop-
erty lines, specific site locations for aboveground
tanks located outside of buildings shall be as
approved by the Chief.
(Ord. 1711 Exh. A (part), 1995)
16.40.330 General.
Section 8001.1.1, first paragraph is amended to
read as follows:
8001.1.1 General. Prevention, control and
mitigation of dangerous conditions related to
storage, dispensing, use, and handling of hazazd-
ous materials, regardless of quantity, and infor-
mation needed by emergency response personnel
shall be in accordance with Article 80. This arti-
cle shall include those parts of Chapter 6.95
(commencing with Sec. 25500) and Chapter 6.7
(commencing with Sec. 25280) and Chapter 6.75
(commencing with Sec. 25299) of the Health and
Safety Code which impose additional require-
ments or are more restrictive.
(Ord. 1711 Exh. A (part), 1995)
(Cupertino 3-96) 464-2b
16.40.340
16.40.340 General safety.
Section 8001.1.1.1 is added to read as follows:
8001.1.1.1 General safety. The dispensing,
mixing, handling, use or storing of hazardous
materials shall be done in a manner so as not to
increase the risk of an unauthorized release. In
the absence of direct regulation by this code,
other appropriate regulations, standards, law
ordinances, or other nationally recognized and
accepted methods of good practice may be ap-
plied to define acceptable practices. In the event
of conflicting authorities, the most restrictive
shall apply.
(Ord. 1711 Exh. A (part), 1995)
16.40.350 Limited application.
Sec. 8001.2.2 is amended to read as follows:
8001.2.2 Limited application. For the pur-
poses of Article 80, certain terms are defined as
follows:
CONTAINER is any vessel of 60 United
States gallons (227.1 L) or less capacity used for
transporting or storing hazardous materials.
OUTDOOR AREA is a single, contiguous
property exterior to buildings or without build-
ings thereon which is under the ownership or
control of a single person. See also definition of
Person in Section 217.
16.40.360 Hazardous materials management
plan.
Section 8001.3.2, first paragraph, is amended to
read as follows:
8001.3.2 Hazardous materials management
plan. When required by the chief, each applica-
tion for a permit shall include a hazardous mate-
rials management plan (HMMP). [Note: the term;
hazazdous material management plan (HMMP)
shall also mean; hazardous materials business
plan (HMBP)). The location of the HMMP shall
be posted adjacent to permits when an HMMP is
provided. The HMMP shall include a facility site
plan designating the following:
(Ord. 1711 Exh. A (part), 1995)
16.40.370 Reduced flow orifices.
Section 8001.4.2.1 is added to read as follows:
8001.4.2.1 Reduced flow oriSces. Containers
for highly toxic gases shall be equipped with a
flow restricting orifice.
(Ord. 1711 Exh. A (part), 1995)
16.40.380 Design and construction.
Section 8001.4.3.2 is amended to read as follows:
8001.4.3.2 Design and construction. Piping,
tubing, valves, fittings and related components
used for hazardous materials shall be in accor-
dance with the following;
CONTINUOUS GAS-DETECTION SYS-
TEM is agas-detection system where the analyti-
cal instrument is maintained in continuous opera-
tion and sampling is performed without interrup-
tion. Analysis is allowed to be performed on a
cyclical basis at intervals not to exceed 5 min-
utes.
EXCEPTION: Alternate systems may be
approved by the Chief based upon equivalent
protection.
(Ord. 1711 Exh. A (part), 1995)
1. Piping, tubing, valves, fittings and related
components shall be designed and fabricated from
materials compatible with the materials to be
contained and shall be of adequate strength and
durability to withstand pressure, structural and
seismic stress, and exposure to which they are
subject,
2. Piping and tubing shall be identified in
accordance with nationally recognized standards
(see Article 90 Standard a.2.1) to indicate the
material conveyed,
464-2c (Cupertino 3-96)
16.40.380
3. Emergency shutoff valves shall be identi-
fied and the location shall be cleazly visible and
indicated by means of a sign, and
4. Backflow-prevention or check valves shall
be provided when the backflow of hazardous
materials could create a hazardous condition or
cause the unauthorized discharge of hazardous
materials.
5. Expansion chambers shall be provided
between valves whenever the regulated gas may
be subjected to thermal expansion. Chambers
shall be sized to provide protection for piping,
and instrumentation to accommodate the expan-
sion of regulated materials.
6. Containment shall be provided for liquid
hazazdous materials. Containment includes but is
not limited to double walled piping.
(Ord. 1711 Exh. A (part), 1995)
16.40.390 Additional regulations for supply
piping for health hazard
materials.
Section 8001.4.3.3 is amended to read as follows:
8001.4.3.3 Additional regulations for sup-
ply piping for health hazard materials. Supply
piping and tubing for moderately toxic, toxic and
highly toxic gases and for liquids having a health
hazazd ranking of 3 or 4 in accordance with UFC
Standazd 79-3 shall also be in accordance with
the following:
1. Piping and tubing utilized for the transmis-
sion of moderately toxic gases or toxic or highly
toxic gases or material shall have welded or
brazed connections throughout unless an exhaust-
ed enclosure is provided if the materials is a gas,
or the piping is provided with a receptor for
containment if the material is a liquid,
EXCEPTION: Nonmetallic piping with
approved connections.
2. Highly toxic gases and toxic and moderate-
ly toxic corrosive gases shall be provided with
double walled piping, or equivalent.
EXCEPTION: Toxic or moderately toxic
gases when provided with a primary containment
materials inert to the hazazds of the gas.
3. Piping and tubing shall not be located in
exit corridors, within any portion of an exit re-
quired to be enclosed in fire resistive construc-
tion, or above azeas not classified as Group H
Occupancies.
EXCEPTION: Piping and tubing within the
space defined by the walls of exit corridors and
floor or roof above or in concealed space above
other occupancies when installed in accordance
with the Building Code as required for Group H,
Division 6 Occupancies. See UBC Section
307.11.6.2.
4. Where gases or liquids are carried in pres-
surized piping above 15 psig (103.4kPa), excess
flow control shall be provided. Where the piping
originates from within a storage room or azea, the
excess flow control shall be located within a
hazardous materials storage room or azea. Where
piping originates from a bulk source, the excess
flow control shall be located as close to the bulk
source as practical, and
5. Readily accessible manual or automatic
remotely activated fail-safe emergency shut-off
valves shall be installed on supply piping and
tubing at the following locations: 5.1 The point
of use, and 5.2 The tank, cylinder or bulk source.
(Ord. 1711 Exh. A (part), 1995)
16.40.400 Notification.
Section 8001.5.2.2 is amended to read as follows:
8001.5.2.2 Notification. The chief shall be
notified immediately when a threatened release
or unauthorized dischazge escapes secondary con-
ccu~~;oo 3-~) 464-2d
16.40.400
tainment, or is contained but presents a threat to
health or property, or becomes reportable under
state, federal or local regulations.
16.40.410 Identification signs.
Section 8001.7 is amended to read as follows
8001.7 Identification signs. Visible hazazd
identification signs as specified in U.F.C. Stan-
dazd 79-3 shall be placed at entrances to locations
where hazardous materials aze stored, dispensed,
used or handled in quantities requiring a permit.
Signs shall be provided at specific entrances
designated by the chief.
Individual containers, cartons, packages pip-
ing, gas cabinets, equipment, or rooms shall be
conspicuously marked or labeled in accordance
with the departments labeling guideline or, if
unavailable, with nationally recognized standards.
See also Section 8003.1.2.
8001.9.8 Separation of incompatible haz-
ardous materials. Incompatible hazazdous mate-
rials shall be sepazated. Separation by hazazd
class is appropriate unless otherwise approved by
the chief or in the following nationally recog-
nized standards. Separation shall be accomplished
by:
1. Segregating incompatible hazazdous mate-
rials by a distance of not less than 20 feet (6096
mm) and an independent containment system, or
secondary containment,
2. Isolating incompatible hazardous materials
by a non combustible partition extending not less
than 18 inches (457.2 mm) above and to the sides
of the stored material,
3. Storing liquid and solid materials in haz-
azdous materials storage cabinets. (See Section
8003.1.10), or
Product conveying ducts for venting hazazd-
ous materials operations shall be labeled with the
hazard class of the material being vented and the
direction of flow.
(Ord. 1711 Exh. A (part), 1995)
16.40.420 Annual maintenance.
Section 8001.4:7.4 is added to read as follows:
8001.4.7.4 Annual maintenance. All safety
control systems at a facility shall be maintained
in good working condition and tested not less
frequently than annually. Maintenance and testing
shall be performed by persons qualified to per-
form the maintenance and tests. Maintenance
records and certifications shall be available to any
representative of the Fire department for inspec-
tion upon request.
(Ord. 1711 Exh. A (part), 1995)
16.40.430 Separation of incompatible
hazardous materials.
Section 8001.9.8 is amended to read as follows:
4. Storing compressed gases in gas cabinets
or exhausted enclosures in accordance with Sec-
tions 8003.3.1.3.2 and 9003.3.1.3.3.
Materials which aze incompatible shall not be
within the same cabinet or exhausted enclosure.
(Ord. 1711 Exh. A (part), 1995)
16.40.440 Facility transport.
Section 8001.10.1.1 is added to read as follows:
8001.10.1.1 Facility transport. When haz-
azdous materials are in transport in or about a
facility, they shall remain in the travel path only
for the time reasonably necessary to effect the
transfer.
(Ord. 1711 Exh. A (part), 1995)
16.40.450 Transport safety.
Section 8001.10.1.2 is added to read as follows:
8001.10.1.2 Transport safety. Movement of
hazardous materials in or about a facility shall be
464-2e (Cupertino 3-96)
16.40.450
done in a manner which will not substantially
increase the risk of unauthorized release. Hazazd-
ous materials shall be accompanied by a trained
(pursuant to Sec. 8001.1.9.1) person when in
transit to their use or storage point.
(Ord. 1711 Exh. A (part), 1995)
16.40.460 Height.
Section 8001.12.3.3 is amended to read as fol-
lows:
8001.12.3.3 Height. Display height shall not
exceed 6 feet (1829 mm) in azeas open to the
public unless such storage is seismically secure
to prevent any unsafe movement in the event of
a major earthquake.
(Ord. 1711 Exh. A (part), 1995)
16.40.470 Containment requirements.
Section 8001.14.5 is added to read as follows
8001.14.5 Containment requirements. Con-
tainment system shall be required for all hazazd-
ous materials which aze liquids or solids at nor-
mal temperature and pressure (NTP). Construc-
tion shall be substantial, capable of safely and
securely containing a sudden release without
dischazge. Design criteria shall be performance
oriented and constructed of compatible materials
to resist degradation, and provide structural and
functional integrity for a period of time reason-
ably necessary to ensure detection, mitigation,
and repair of the primary system. The chief may
require outside containment azeas to be covered
with a roof or canopy for protection from the
environment.
In the case of an installation with one prima-
ry container, the secondary containment shall be
large enough to contain at least 100 percent of
the volume of the primary tank. In the case of
multiple primary tanks, the secondary container
shall be large enough to contain 150 percent of
the volume of the lazgest primary tank placed in
it, or 10 percent of the volume of the aggregate
internal volume of all primary tanks, whichever
is greater.
(Ord. 1711 Exh. A (part), 1995)
16.40.480 Highly toxic and toxic gases.
Section 8001.14.6 is added to read as follows:
8001.14.6 Highly toxic and toxic gases.
(Ord. 1711 Exh. A (part), 1995)
16.40.490 Indoor storage.
Section 8001.14.6.1 is added to read as follows:
8001.14.6.1 Indoor storage. Indoor storage
of toxic gases in amounts exceeding 10 cubic feet
per control azea, and highly toxic gases in any
amount shall be in accordance with Sections
8001.1, 8001.14.6, 8001.15, 8003.3.1, and
8003.3.3.
(Ord. 1711 Exh. A (part), 1995)
16.40.500 Outdoor storage.
Section 8001.14.6.2 is added to read as follows:
8001.14.6.2 Outdoor storage. Outdoor stor-
age of toxic gases in amounts exceeding 10 cubic
feet per outdoor area, and highly toxic gases in
any amount shall be in accordance with Sections
8003.1, 8001.14.6, 8001.15.2, 8003.3.2, and
8003.3.3.
(Ord. 1711 Exh. A (part), 1995)
16.40.510 Indoor use.
Section 8001.14.6.3 is added to read as follows:
8001.14.6.3 Indoor use. Indoor use of toxic
gases in amounts exceeding 10 cubic feet per
control azea and highly toxic gases in any amount
shall be in accordance with Section 8001.14.6,
8001.15 and 8004.2.3.7.
(Ord. 1711 Exh. A (part), 1995)
16.40.520 Outdoor use.
Section 8001.14.6.4 is added to read as follows:
(Cupertino 3-96) 464-2f
16.40.520
8001.14.6.4 Outdoor use. Outdoor use of
toxic gases in amounts exceeding 10 cubic feet
per outdoor azea and highly toxic gases in any
amount shall be in accordance with Sections
8001.14.6, 8001.15.2 and 8004.3.6.
(Ord. 1711 Exh. A (part), 1995)
16.40.530 Seismic shut-off valve.
Section 8001.14.6.5 is added to read as follows:
An automatic valve which is of a fail safe to
close design shall be provided to shut-off the
supply of toxic gases upon activation of the gas
detection system or upon seismic activity.
(Ord. 1711 Exh. A (part), 1995)
16.40.560 Emergency control station.
Section 8001.14.6.8 is added to read as follows:
8001.14.6.5 Seismic shut-off valve. An auto-
matic shut-off valve which is of a fail safe to
close design shall be provided to shut-off the
supply of toxic or highly toxic gases.
(Ord. 1711 Exh. A (part), 1995)
16.40.540 Fire extinguishing systems.
Section 8001.14.6.6 is added to read as follows:
8001.14.6.6 Fire extinguishing systems.
Indoor storage and use areas and exterior use
azeas and storage buildings shall be protected by
an automatic fire sprinkler system in accordance
with Section 8003.1.11.
(Ord. 1711 Exh. A (part), 1995)
16.40.550 Automatic shut-off valve.
Section 8001.14.6.7 is added to read as follows
8001.14.6.7 Automatic shut-off valve. An
automatic valve which is of a fail safe to close
design shall be provided to shut-off the supply of
highly toxic gases for any of the following:
1. Activation of a manual fire alarm.
2. Activation of the gas detection system.
3. Failure of emergency power.
4. Manually, from remote locations.
5. Failure of primary containment.
6. A significant seismic event.
8001.14.6.8 Emergency control station. For
highly toxic gases, signals from emergency
equipment shall be transmitted to an emergency
control station which is continually staffed by
trained personnel.
(Ord. 1711 Exh. A (part), 1995)
16.40.570 Local gas shut-off.
Section 8001.14.6.9 is added to read as follows:
8001.14.6.9 Local gas shut-off. Manual
activation controls shall be provided at locations
near the point of use and neaz the source, as
approved by the Chief. The Chief may require
additional controls at other places, including, but
not limited to, the entry to the building, storage
or use areas, and emergency control stations.
Manual activated shut-off valves shall be of "fail
safe to close design."
(Ord. 1711 Exh. A (part), 1995)
16.40.580 Inert gas purge system.
Section 8001.14.6.10 is added to read as follows:
8001.14.6.10 Inert gas purge system. Gas
systems shall be provided with dedicated inert
gas purge systems.
(Ord. 1711 Exh. A (part), 1995)
16.40.590 Maximum threshold quantity.
Section 8001.14.6.11 is added to read as follows:
8001.14.6.11 Maximum threshold quantity.
Toxic gases stored or used in quantities exceed-
ing 500,000 cubic feet in a single container per
control azea or outdoor use azea shall comply
464-2g (Cupertino 3-96)
16.40.590
with the additional requirements for highly toxic
gases of sections 8001.14.6, 8001.4.3.2 and
8001.4.3.3 of this code.
(Ord. 1711 Exh. A (part), 1995)
16.40.600 Moderately toxic gases including
those used as refrigerants.
Section 8001.15 is added to read as follows:
8001.15 Moderately toxic gases including
those used as refrigerants. Moderately toxic
gases including those used as refrigerants shall be
in accordance with sections 8003.3.3.3.1,
8001.4.7.4, 8001.14.6.6, 8003.1.11 and 8001.4.3.2
in addition to the requirements of this section.
(Ord. 1711 Exh. A (part), 1995)
16.40.610 Indoor storage.
Section 8001.15.1 is added to read as follows:
8001.15.1 Indoor storage. Indoor storage of
moderately toxic gases in excess of 20 cubic feet
per area bounded by no less than cone-hour fire-
restive occupancy separation shall be in accor-
dance with 8001.15.1.
(Ord. 1711 Exh. A (part), 1995)
16.40.620 Ventilation.
Section 8001.15.1.2 is added to read as follows:
8001.15.1.2 Ventilation. Cylinders shall be
stored within gas cabinets, exhausted enclosures,
or gas storage rooms. Portable and stationary
tanks shall be stored within gas rooms or ex-
hausted enclosures.
(Ord. 1711 Exh. A (part), 1995)
16.40.630 Treatment systems.
Section 8001.15.1.3 is added to read as follows:
8001.15.1.3 Treatment systems. Treatment
systems shall be utilized to process all exhaust
ventilation to be discharged from gas cabinets,
exhausted enclosures and gas rooms in accor-
dance with Section 9003.3.1.3.5.
(Ord. 1711 Exh. A (part), 1995)
16.40.640 Gas detection.
Section 8001.15.1.4 is added to read as follows:
8001.15.1.4 Gas detection. A continuous gas
detection system shall be provided to detect the
presence of a gas at or below the permissible
exposure limit or ceiling limit in accordance with
Section 8003.3.1.6.
(Ord. 1711 Exh. A (part), 1995)
16.40.650 Outdoor storage.
Section 8001.15.2 is added to read as follows:
8001.15.2 Outdoor storage. Outdoor storage
of moderately toxic gases in excess of 20 cubic
feet per outdoor area shall be in accordance with
Section 8001.14.6.6 and 8001.15.2.
(Ord. 1711 Exh. A (part), 1995)
16.40.660 Canopies.
Section 8001.15.2.1 is added to read as follows:
8001.15.2.1 Canopies. Portable tanks and
cylinders shall be stored under a canopy of non-
combustible construction.
(Ord. 1711 Exh. A (part), 1995)
16.40.670 Piping and controls.
Section 8001.15.2.2 is added to read as follows:
8001.15.2.2 Piping and controls. In addition
to the requirements of Section 8001.4.3, piping
and controls on stationary tanks shall be in accor-
dance with Section 8003.3.2.4.
(Ord. 1711 Exh. A (part), 1995)
16.40.680 Leaking cylinders.
Section 8001.15.2.3 is added to read as follows:
8001.15.2.3 Leaking cylinders. One or more
gas cabinets or exhausted enclosures shall be
provided to handle leaking cylinders in accor-
dance with Section 8003.3.3.3.
(Cupertino 3-96) 464-2h
16.40.680
(Ord. 1711 Exh. A (part), 1995)
16.40.690 Local exhaust for leaking portable
tanks.
Section 8001.15.2.4 is added to read as follows:
gas cabinets or exhausted enclosures shall be
provided.
(Ord. 1711 Exh. A (part), 1995)
16.40.740 Treatment systems.
Section 8001.15.4.2 is added to read as follows:
8001.15.2.4 Local exhaust for leaking por-
table tanks. A means of local exhaust shall be
provided to capture leaks from portable tanks in
accordance with Section 8003.3.3.4.
(Ord. 1711 Exh. A (part), 1995)
16.40.700 Indoor use.
Section 8001.15.3 is added to read as follows:
8001.15.3 Indoor use. Indoor use of moder-
ately toxic gases in excess of 20 cubic feet per
azea bounded by not less than aone-hour fire-
resistive occupancy separation shall be in accor-
dance with Section 8001.15.3 and the storage
provisions of Section 8001.15.1.
(Ord. 1711 Exh. A (part), 1995)
16.40.710 Inert gas purge system.
Section 8001.15.3.1 is added to read as follows:
8001.15.3.1 Inert gas purge system. Gas
systems shall be provided with dedicated inert
gas purge systems.
(Ord. 1711 Exh. A (part), 1995)
16.40.720 Outdoor use.
Section 8001.15.4 is added to read as follows:
8001.15.4 Outdoor use. Outdoor use of
moderately toxic gases in excess of 20 cubic feet
shall be in accordance with Section 8001.15.4
and the storage provisions of Section 8001.15.2.
(Ord. 1711 Exh. A (part), 1995)
16.40.730 Ventilation.
Section 8001.15.4.1 is added to read as follows:
8001.15.4.1 Ventilation. When cylinders,
containers or portable tanks aze used outdoors,
8001.15.4.2 Treatment systems. Treatment
systems shall be utilized to process all exhaust to
be dischazged from gas cabinets or exhausted
enclosures in accordance with Section
8003.3.1.3.5.
(Ord. 1711 Exh. A (part), 1995)
16.40.750 Moderately toxic gases with a 1~
50 equal to or less than 3000
parts per million.
Section 8001.15.5 is added to read as follows:
8001.15.5 Moderately toxic gases with a 1~
50 equal to or less than 3000 parts per million.
Notwithstanding the hazard class definition in
Section 214-M, moderately toxic gases with an
LC50 less than 3000 parts per million shall com-
ply with the requirements of Section 8001.15.
(Ord. 1711 Exh. A (part), 1995)
16.40.760 Maximum threshold quantity.
Section 8001.16 is added to read as follows:
8001.16 Maximum threshold quantity.
Moderately toxic gases stored or used in quanti-
ties exceeding 500,000 cubic feet in a single
container per control azea or outdoor use azea
shall comply with the additional requirements for
toxic gases of sections 8001.14 and 8001.4.3.3 of
this code; moderately toxic gases stored or used
in quantities exceeding 1,000,000 cubic feet per
control azea or outdoor use azea shall also comply
with the additional requirements for highly toxic
gases of sections 8001.14 and 8001.4.3.3 of this
code.
(Ord. 1711 Exh. A (part), 1995)
461-2i (Cupertino 3-96)
16.40.770
16.40.770 General.
Section 8003.1 is amended to read as follows
8003.1 General. Indoor storage of toxic and
highly toxic compressed gases in amounts ex-
ceeding the exempt amounts set forth in Section
8001.13 shall be in accordance with Section
8003.1, 8003.3.1, 8003.3.3.3, and 8001.14.6.
(Ord. 1711 Exh. A (part), 1995)
16.40.780 Secondary containment.
Section 8003.1.7.4 is amended to read as follows:
8003.1.7.4 Secondary containment. Drains
shall be directed to containment systems or other
locations designed as secondary containment for
the hazardous materials liquids and fire-protection
water, or the building, room or azea shall be
designed to provide secondary containment of
hazazdous materials liquids and fire protection
waster through the use of recessed floors or liq-
uid tight raised sills.
Secondary containment shall be sized in
accordance with section 8001.14.5. The volume
contained shall include the sized amount plus the
design flow rate of the automatic fire-extinguish-
ing system for the azea of the room or azea in
which the storage is located or the system design
azea, whichever is smaller. The containment
capacity shall be capable of containing the flow
for a period of 20 minutes.
Overflow from the secondary containment
system shall be provided to direct liquid leakage
and fire-protection water to a safe location away
from the building, valves, means of egress, fire
access roadway, adjoining property or storm
drains.
If the storage azea is open to rainfall, the
secondary containment shall be designed to ac-
commodate the volume of a 24-hour rainfall as
determined by a 25-yeaz storm. Where curbs are
used, provisions shall be made for draining accu-
mulations of groundwater or rainwater.
A monitoring method capable of detecting
hazazdous material leakage from the primary
containment into the secondary containment shall
be provided. Visual inspection of the primary
containment shall be used unless other means of
monitoring aze approved by the chief. Where
secondary containment is subject to the intrusion
of water, a monitoring method for such water
shall be provided. When monitoring devices aze
provided, they shall be connected to distinct
visual or audible alarms.
(Ord. 1711 Exh. A (part), 1995)
16.40.790 General.
Section 8003.14.1 is amended to read as follows:
8003.1.14.1 General. Limit controls shall be
provided in accordance with Section 8003.1.14.
Sections 8003.1.14.2 and 8003.1.14.3 shall also
apply to materials in quantities that do not exceed
the exempt amounts.
(Ord. 1711 Exh. A (part), 1995)
16.40.800 Ventilated area.
Section 8003.3.1.3.1 is amended to read as fol-
lows:
8003.3.1.3.1 Ventilated area. Cylinders shall
be stored within gas cabinets, exhausted enclo-
sures or gas rooms. Portable and stationary tanks
shall be stored within gas rooms or exhausted
enclosures. The room or azea in which gas cabi-
nets or exhausted enclosures aze located shall be
provided with exhaust ventilation that is indepen-
dent of the ventilation required for gas cabinets
and exhausted enclosures.
(Ord. 1711 Exh. A (part), 1995)
16.40.810 Emergency power.
Section 8003.3.1.4 is amended to read as follows:
(Cupertino s-96) 464-2)
16.40.810
8003.3.1.4 Emergency power. Emergency
power shall be provided for highly toxic and
toxic gases in amounts exceeding the exempt
amounts in lieu of standby power for:
1. Exhaust ventilation, including the power
supply for treatment systems.
2. Gas detection systems.
3. Emergency alarm systems.
4. Temperature control systems.
(Ord. 1711 Exh. A (part), 1995)
16.40.820 General.
Section 8003.3.2.1 is amended to read as follows
8003.3.2.1 General. Outdoor storage of high-
ly toxic or toxic compressed gases in amounts
exceeding exempt amounts set forth in Section
8001.13 shall be in accordance with Sections
8003.1, 8003.3.2, 8003.3.3 and 8001.14.6.
(Ord. 1711 Exh. A (part), 1995)
16.40.830 Distance limitation to exposures.
Section 8003.3.2.2.2 is amended to read as fol-
lows:
8003.3.2.2.2 Distance limitation to expo-
sures. Outdoor storage of moderately toxic, toxic
and highly toxic compressed gases shall not be
within 75 feet (22, 860 mm) of a building, prop-
erty line, street, alley, public way or exit to a
public way unless the storage is shielded by a
structure having a minimum fire resistive rating
of two hours and which interrupts the line of
sight between the storage and the exposure. The
shielding structure shall be at least five (5) feet
from any exposure. The shielding structure shall
not have more than two sides at approximately
90-degree directions, or three sides with connect-
ing angles of approximately 135 degrees.
(Ord. 1711 Exh. A (part), 1995)
16.40.840 Cylinder leak testing.
Section 8003.3.3.3.1 is added to read as follows:
8003.3.3.3.1 Cylinder leak testing. Com-
pressed gas cylinders shall be inspected for leaks
immediately upon delivery and again immediately
prior to departure. Testing shall be approved by
the Chief in accordance with appropriate national-
ly recognized industry standazds and practices, if
any. Appropriate remedial actions shall be imme-
diately undertaken when leaks are detected.
(Ord. 1711 Exh. A (part), 1995)
16.40.850 Excess flow control.
Section 8003.3.3.4.1 is added to read as follows:
8003.3.3.4.1 Excess flow control. Portable
tanks, and cylinders shall be provided with excess
flow control. Valves shall be permanently mazked
to indicate the maximum design flow rate.
EXCEPTION: Moderately toxic gas.
(Ord. 1711 Exh. A (part), 1995)
16.40.860 Applicability.
Section 8004.1.1 is amended to read as follows:
8004.1.1 Applicability. Use, dispensing and
handling of hazazdous materials where the aggre-
gate quantity is in excess of the exempt amount
set forth in Section 8001.13 shall be in accor-
dance with Sections 8001 and 8004.
Use dispensing and handling of hazazdous
materials where the aggregate quantity does not
exceed the exempt amounts set forth in Section
8001.13 shall be in accordance with Section
8001. For flammable, oxidizing, pyrophoric,
toxic, and highly toxic gases, see also Section
8001.14.
(Ord. 1711 Exh. A (part), 1995)
16.40.870 Emergency alarm.
Section 8004.1.19 is added to read as follows:
464-2k (Cupertino 3-96)
16.40.870
8004.1.19. Emergency alarm. See Section
8003.1.15.
(Ord. 1711 Exh. A (part), 1995)
16.40.880 Permits and plans.
Section 8202.1, third pazagraph, is amended to
read as follows:
8202.1 Permits and plans.
Where a single container is over 125 gallons
water capacity or the aggregate capacity of con-
tainers is over 125 gallon water capacity, the
installer shall submit plans for such installations.
(Ord. 1711 Exh. A (part), 1995)
16.40.890 Established limits.
Section 8204.2.1 is added to read as follows:
8204.2.1 Established limits. The storage of
liquefied petroleum gasses is prohibited in heavi-
ly populated or congested commercial areas.
(Ord. 1711 Exh. A (part), 1995)
16.40.900 Firebreak vegetation.
Section 16.3 is added to Appendix II-A to read
as follows:
16.3 Firebreak Vegetation. When brush or
vegetation growth is removed and cleared away
to provide a firebreak as required by this section,
suitable growth which will not form a means of
rapidly transmitting fire shall be planted in such
a manner so as to reduce the possibility of ero-
sion.
(Ord. 1711 Exh. A (part), 1995)
16.40.910 Roof coverings.
Section 25 is added to Appendix II-A to read as
follows:
SECTION 25 -Roof Coverings. Roof cov-
erings on all buildings shall be fire-retazdant, and
shall comply with the standazds established for
Uniform Building Code Class A roofing. Re-
roofing of existing building shall comply with the
above except that any re-roofing of less than ten
percent (10%) of the total roof azea on any build-
ing shall be exempt from this requirement. Addi-
tions to existing buildings exceeding ten percent
(10%) of the total roof azea shall comply with
this section.
(Ord. 1711 Exh. A (part), 1995)
16.40.920 Distribution of fire hydrants.
Section 5 of Appendix III-B is amended to read
as follows:
SECTION 5 -DISTRIBUTION OF FIRE
HYDRANTS
The average spacing between fire hydrants
shall not exceed that listed in Table A-III-B-1.
EXCEPTION: The maximum spacing of
hydrants in commercial areas shall be 250 feet.
Regardless of the average spacing, fire hy-
drants shall be located such that all points on
streets and access roads adjacent to a building aze
within the distances listed in Table A-III-B-1.
(Ord. 1711 Exh. A (part), 1995)
16.40.930 Violations-Penalties.
Chapter 1.12 of the Cupertino Municipal code
titled General Penalty is added to this chapter by
reference. (Ord. 1711 Exh. A (part), 1995)
16.40.940 Hearing.
The ordinance codified in this chapter shall, after
first reading, be scheduled for public hearing as
provided in Section 50022.3 of the Government
Code. Notice of hearing shall be published pursuant
to Section 6066 of the Government Code in the
Cupertino Courier. Copies of the Uniform Code and
the ordinance codified in this chapter shall be on file
with the City Clerk and open for public inspections.
(Ord. 1711 Exh. A (part), 1995)
(Cupertino 3-9ti) 464-21
16.40.950
16.40.950 Abatement of hazard.
A. The maintenance of real property in violation
of this code, or of any order of the fire district
pursuant thereto, is declared to be a public nuisance
and is subject to the abatement procedures of Chap-
ter 1.09 of the Cupertino Municipal Code.
B. Notwithstanding subsection A of this section,
if real property is maintained in violation of this
code or any order of the fire district pursuant thereto
and such maintenance constitutes, in the opinion of
the Fire Chief, a fue hazard of such a nature that
immediate action is required to protect the public
health, safety and welfaze, the fire district may take
all necessary and immediate steps to abate the haz-
azd without complying with the notice requirements
of Chapter 1.09 of this code.
C. The cost of any abatement as described in
subsections A or B of this section shall be collected
as provided in Section 1.09.110 et seq. of the Cu-
pertino Municipal Code.
D. Intent. It is the intent of this section to pro-
vide amethod of hazardous abatement on private
property where no owner or responsible person can
be found and the hazard is of a nature requiring
immediate action in order to protect the public.
(Ord. 1711 Exh. A (part), 1995)
464-~2m (cupertiao 3-96)
16.56.010
Chapter 16.56
UNIFOR
Sections:
16.56.010
16.56.020
16.56.030
!VI HOUSING CODE ADOPTED
Adoption of Uniform Housing
Code, 1994.
Organization and enforcement.
Violation-Penalty.
16.56.010 Adoption of Uniform Housing
Code, 1994.
The Housing Code for the City shall be the 1994
Edition of the Uniform Housing Code. Chapters 1
to 16 inclusive, except Section 203, as compiled and
published by the International Conference of Build-
ing Officials, one copy of which has been filed for
use and examination by the public in the office of
the Building Department, is referred to, and except
as to omissions, amendments and additions herein-
after noted, is adopted and made a part hereof, the
same as if fully set forth in this chapter. (Ord. 1710
Exh. A (part), 1995)
16.56.020 Organization and enforcement.
Section 203 of the Uniform Housing Code is
amended to read as follows:
In order to provide for reasonable interpreta-
tion of the provisions of this code, to mitigate
specific provisions of this code which create
practical difficulties in their enforcement and to
heaz appeals provided for hereunder, there is
hereby established a Housing Advisory and Ap-
peals Boazd consisting of five members who are
qualified by experience and training to pass upon
matters pertaining to construction and who aze
not employees of the jurisdiction. The building
official shall be an ex officio member of and
shall act as secretary to said boazd. The board
may be appointed by the governing body and
shall hold office at its pleasure. The board shall
adopt rules of procedure for conducting its busi-
ness and shall render all decisions and findings
in writing to the appellant with a copy to the
building official. Appeals to the boazd shall be
processed in accordance with the provisions con-
tained in Section 1201 of this code. Copies of all
rules of procedure adopted by the boazd shall be
delivered to the building official, who shall make
them accessible to the public. The same personnel
of the Boazd appointed under this Code may act
as the Boazd of Appeals under the other building
construction uniform codes. In the event, a Hous-
ing Advisory and Appeals Boazd is not appointed
by the legislative body, the Council shall serve as
said appeals board.
(Ord. 1710 Exh. A (part), 1995)
16.56.030 Violations-Penalty.
Any person, firm, corporation, partnership or
copartnership who willfully violates any of the
provisions or fails to comply with any of the man-
datory requirements of this chapter is guilty of an
infraction except when the violation of any such
provision is specifically declared by the Uniform
Housing Code to be a misdemeanor, and upon con-
viction thereof, shall be punishable as provided in
Chapter 1.12 of the Cupertino Municipal Code,
except that nothing contained in this chapter shall
be deemed to baz any legal, equitable, or summary
remedy to which the City of Cupertino or other
political subdivision, or any person, firm, corpora-
tion or partnership may be otherwise entitled, and
the City of Cupertino or any other political subdivi-
sion, or person, firm, corporation or partnership may
file a suit in the Superior Court of the County of
Santa Clara, or restrain or enjoin any attempted or
proposed subdivision or acts in violation of the
chapter. (Ord. 1710 Exh. A (part), 1995)
480-1 (Cupertino 3-96)
16.60.010
Chapter 16.60
UNREINFORCED MASONRY BUILDINGS
Sections:
16.60.010 Purpose cope.
16.60.020 Definitions.
16.60.030 Historic buildings.
16.60.040 Analysis and design.
16.60.050 Materials of construction.
16.60.060 Information required on plans.
16.60.070 Design check for compatibility
of roof diaphragm stiffness to
unreinforced masonry wall
out-of--plane stability.
16.60.080 Administrative requirements
for enforcement of chapter.
16.60.010 Purpose cope.
A. The purpose of this chapter is to promote
public safety and welfare by reducing the risk of
death or injury that may result from the effects of
earthquakes on buildings of unreinforced masonry
bearing wall construction. Such buildings have been
widely recognized for their sustaining of life hazazd-
ous damage as a result of partial or complete col-
lapse during past moderate to strong earthquakes.
B. The provisions of this chapter are minimum
standards for structural seismic resistance established
primarily to reduce the risk of life loss or injury and
will not necessarily prevent loss of life or injury or
prevent earthquake damage to an existing building
which complies with this chapter.
C. The requirements of this chapter shall apply
to all buildings containing unreinforced masonry
bearing walls.
EXCEPTION: This chapter shall not apply to a
detached Group R, Division 3 occupancy nor to a
detached Group R, Division 1 occupancy containing
less than five dwelling units used solely for residen-
tial purposes.
D. Alternate Materials. Alternate materials, de-
signs and methods of construction may be approved
by the Building Official in accordance with the
Building Code. (Ord. 1531 (part), 1990)
16.60.020 Definitions.
For the purpose of this chapter, certain terms are
defined as follows:
A. "Cross walls" mean interior walls of masonry
or wood frame construction with surface finish of
wood lath and plaster, minimum 'h-inch thick gyp-
sum wallboard or solid horizontal wood sheathing.
In order to be considered as a cross wall within the
intent of this chapter, the cross walls shall be spaced
at not more than forty feet apart in each story, and
shall be full-story height with a minimum length of
one and one-half times the story height.
B. "Unreinforced masonry bearing walls" mean
masonry walls having all of the following chazacter-
istics:
1. Provide the vertical support for a floor or
roof;
2. Have a total superimposed load over one
hundred pounds per linear foot;
3. Have an azea of reinforcing steel less than
thirty percent of that required by the Building Code.
(Ord. 1531 (part), 1990)
16.60.030 Historic buildings.
A. General. A historic building may comply with
the special provisions set forth in this chapter and
the provisions of the State Historical Building Code.
B. Unburned Clay Masonry or Adobe. Existing
or reerected walls of adobe construction shall con-
form to the following:
1. Exterior bearing walls of unreinforced adobe
masonry shall not exceed aheight- or length-to-
thickness ratio of 5:1. Such walls shall be provided
with a reinforced bond beam at the top which inter-
connects all walls. The bond beam shall have a
minimum depth of six inches. The bond beam may
have a width of not less than eight inches, provided
the resulting width is not less than eight inches.
Minimum wall thickness
(Cupertino 3-96) 4g0-2
ORDINANCE LIST
449 Rezone (Special)
450 Amends Ord. 2, zoning (Not codified)
451 Amends Ord. 2, zoning (Not codified)
452 Annexation (Special)
453 Amends Ord. 2, zoning (Not codified)
454 Stop signs (Not codified)
455 Not adopted
456 Amends Ord. 2, zoning (Not codified)
437 Amends Ord. 2, zoning (Not codified)
458 Amends Ord. 2, zoning (Not codified)
459 Amends Ord. 2, zoning (Not codified)
460 Amends Ord. 2, zoning (Not codified)
461 Parking (Repealed by 533)
462 Amends Ord. 2, zoning (Not codified)
463 Arterials (11.16)
464 Amends Ord. 2, zoning (Not codified)
465 Curfew (Repealed by 1665)
466 Amends Ord. 2, zoning (Not codified)
467 Stop intersections; repeals Ords. 137,
236, 246, 318, 337, 359 and 404
467(a) Amends Ord. 467, stop intersections
(Not codified)
467(b) Amends Ord. 467, stop intersections
(Not codified)
467(c) Amends Ord. 467, stop intersections
(Not codified)
467(d) Amends Ord. 467, stop intersections
(Not codified)
468 Ciry Architectural and Site Approval
Committee (Repealed by 1630)
469 Amends Ord. 2, zoning (Not codified)
470 Bond election (Special)
471 Amends Ord. 2, zoning (Not codified)
472 Amends Ord. 2, zoning (Not codified)
473 Amends Ord. 139, swimming pools
(16.32)
474 Underground utility districts (14.20)
XII Personnel code (2.52)
475 Disaster Council, repeals Ord. 28 (2.40)
475(a) Amends Ord. 475, Disaster Council
(2.40)
476 Amends Ord. 2, zoning (Not codified)
477 Amends Ord. 2, zoning (Not codified)
478 Amends Ord. 2, zoning (Not codified)
479 Amends Ord. 2, zoning (Not codified)
480 Amends Ord. 2, zoning (Not codified)
481 Rezone (Special)
482 Amends Ord. XII, personnel code (Re-
pealed by 601)
483 Speed limits (Not codified)
484 Municipal departments (2.48)
485 Amends Ord. 47 (Revised), subdivisions
(Title 18)
486 Amends Ord. 2, zoning (Not codified)
487 Amends Ord. 2, zoning (Not codified)
488 Amends Ord. III, Chapter 7, Art. 3, § 3,
business licenses (5.04)
489 Not adopted
490 Speed limits; repeals Ords. 19, 43, 66,
129, 191, 201, 317, 374 and 375
490(a) Amends Ord. 490, speed limits (Not
codified)
491 Parking (Repealed by 824 and 843)
492 Bicycles (11.08)
492(a) Amends Ord. 492, bicycles (11.08)
493 Amends Ord. 2, zoning (Not codified}
494 Amends Ord. 2, zoning (Not codified)
495 Amends Ord. 2, zoning (Not codified)
496 Amends Ord. 2, zoning (Not codified)
497 Amends Ord. 303, Parks and Recreation
Commission (2.36)
498 Amends Ord. 2, zoning (Not codified)
499 Rezone (Special)
500 General penalty (1.12)
501 Amends Ord. 2, zoning (Not codified)
502 Amends Ord. 2, zoning (Not codified)
503 Not adopted
504 Amends Ord. 2, zoning (Not codified)
505 Amends Ord. 2, zoning (Not codified)
506 Keeping of animals (Repealed by 1631)
507 Amends Ord. 2, zoning (Not codified)
508 Amends Ord. 2, zoning (Not codified)
509 Prezone (Special)
510 Annexation (Special)
511 Amends Ord. 2, zoning (Not codified)
512 Rezone (Special)
513 Amends Ord. 2, zoning (Not codified)
514 Parking (Repealed by 533)
515 Parking (Repealed by 533)
516 Solicitors (5.20)
599 (Cupertino 3-96)
TABLES
517 Annexation (Not adopted) 547 Adds § 2.4 to Ord. 276, unmounted
518 Missing campers (11.28)
519 Prezone (Special) 548 Code Enforcement Officer (2.30)
520 Rezone (Special) 549 Gazage and patio sales (5.16)
521 Prezone (Special) 550 Parades (Repealed by 1628)
522 Rezone (Special) 551 Rezone (Special)
523 Prezone (Special) 552 Prezone (Special)
524 Rezone (Special) 553 Annexation (Special)
525 Prezone (Special) 554 Prezone (Special)
526 Rezone (Special) 555 Rezone (Special)
527 Prezone (Special) 556 Amends Ord. XII, personnel code (Re-
528 Zoning (Not codified) pealed by 601)
529 Annexation (Special) 557 Rezone (Special)
530 Specific street or highway plan lines 558 Rezone (Special)
(Not codified) 559 Prezone (Special)
531 Park regulations (13.04) 560 Rezone (Special)
532 Rezone (Special) 561 (Not adopted)
533 Stopping, standing, pazking, repeals 562 Prezone (Special)
Ords. 263, 327, 461, 514 and 515 (Re- 563 Prezone (Special)
pealed by 824 and 843) 564 Amends Ord. 546 § 2, street classes
533(a) Amends Ord. 533 § 10.1, prohibited (14.04)
parking (Repealed by 824 and 843) 565 Rabies control; repeals Ord. 408 (Re-
533(b) Amends Ord. 533 § 10.1, prohibited pealed by 931)
pazking (Repealed by 824 and 843) 566 Amends Ord. 2 (a) § 7.2, zoning (Not
533(c) Amends Ord. 533 §§ 10.1, 10.2 and codified)
10.3, prohibited parking (Repealed by 567 Amends Ord. 537; adds § 303(d), build-
824 and 843) ing code (16.04)
534 Adopts 1970 mechanical code, repeals 568 Amends Ord. 47 (Revised); adds § 1.6,
Ord. 343 (Repealed by 1709) deeds or contracts (Title 18)
535 Adopts 1971 electrical code, repeals 569 Interim zoning (Special)
Ord. 341 (Repealed by 1707) 570 Truck traffic routes (Repealed by 833)
536 Adopts 1970 plumbing code, repeals 571 Rezone (Special)
Ord. 342 (Repealed by 1708) 572 Rezone (Special)
537 Adopts 1970 building code, repeals 573 Amends Ord. 533 § 11.1, stopping,
Ord. 340 (Repealed by 1706) standing, parking (Not codified)
538 Interim zoning (Special) 574 Public Safety Commission (2.60)
539 Rezone (Special) 575 Amends Ord. 220, zoning (Repealed by
540 Rezone (Special) 1601)
541 Rezone (Special) 576 Amends Ord. 533 § 10.1, stopping,
542 Rezone (Special) standing, parking (Repealed by 824 and
543 Rezone (Special) 843)
544 Rezone (Special) 577 Amends Ord. 467, stop intersections
545 Amends Ord. 447 § 4, fireworks per- (Not codified)
mits (10.24) 578 Amends Ord. 389 §§ 2.1, 2.2, 2.3, ordi-
546 Street improvements (14.04) nance and resolution passage (2.12)
(C~pertino 3-96) 600
ORDINANCE LIST
579 Amends Ord. 130 § 1.5, street ob-
struction (Repealed by 600)
580 Amends Ord. 4 Art. 1, food definitions
(9-~)
581 Amends Ord. 475 § 2, agreements and
bonds (Title 18)
582 Repeals Ord. 381 § 3, trees (Repealer)
583 Amends Ord. 13 § 10, taxicabs (Re-
pealed by 866)
584 Amends Ord. 167 § 10, handbills
(10.52)
585 Amends Ord. 465 § 5, minors (Re-
pealed by 1665)
586 Amends Ord. 447 § 2, fireworks (Re-
pealed by 895)
587 Amends Ord. 214 (a) § 2.1, lot grades
(Repealed by 597)
588 Amends Ord. 47 (Revised) § 13.4, sub-
divisions (Title 18)
589 Amends Ord. 39 §§ 1, 7, auctioneers
(Repealed by 1705)
590 Amends Ord. 413 §§ 12, 13, abandoned
vehicles (11.04)
591 Amends Ord. 47(a) §§ 1.1, 2.1, hillside
subdivisions (18.16)
592 Amends Ord. 166 §§ 2, 3, explosives
(10.20)
593 (Missing)
594 Amends contract with California Public
Employees Retirement System (2.56)
595 (Missing)
596 Purchasing system; repeals Ords. 48
and 48(a) (Repealed by 1582)
597 Repeals Ord. 587, amends Ord. 214(a)
§ 2.1, street and sidewalk grades
(16.08)
598 Right of entry for inspection (Repealed
by 1675)
599 General provisions (1.04)
600 Repeals Ord. 579, amends Ord. 130 §
1.5, standard specifications (14.08)
601 Amends Ord. XII §§ 12:2.11.3 and
12:2.12.3, personnel, repeals §§
12:2.11.1,12:2.13,12:2.13.1,12:2.13.2,
12:2.13.3, 12:2.13.4 and 12:2.13.5 of
Ord. XII and Ord. 482 (2.52)
602 Adds Chapter 3.28, park dedication
(Repealed by 1202)
603 Adds Chapter 3.32, construction tax
(3.32)
604 Adopts Cupertino Municipal Code
(1.01)
605 Rezone (Special)
606 Prezone (Special)
607 Rezone (Special)
608 Park and recreation improvement bonds
(Special)
609 Prezone (Special)
610 Prezone (Special)
611 Amends Chapter 3.08, sales and use tax
(3.08)
612 Adds Chapter 8.05, noisy animals (Re-
pealed by 1022)
613 Rezone (Special)
614 Rezone (Special)
615 Rezone (Special)
616 Amends § 15.08.090A, water (15.08)
617 Amends retirement system contract
(Special)
618 Amends Ord. 2, zoning, repeals Ord.
2(0) (Repealed by 1601)
619 Prezone (Special)
620 Rezone (Special)
621 Adds Chapter 2.64, conflict of interests
(Repealed by 1106)
622 Amends § 10.1 of Ord. 533, pazking
(Repealed by 824 and 843)
623 Rezone (Special)
624 Amends Ch. 16.32, swimming pools
(16.32)
625 Amends Ch. 16.20, Uniform Plumbing
Code (Repealed by 1708)
626 Amends Ch. 16.24, Uniform Mechani-
cal Code (Repealed by 1709)
627 Amends Ch. 16.04, Uniform Building
Code (Repealed by 1706)
628 Adds Ch. 16.40, Uniform Fire Code
(Repealed by 1711)
629 Rezone (Special)
601 (C~peitino 3-96)
TABLES
630 Rezone (Special)
631 Rezone (Special)
632 Amends §§ 10.24.010, 10.24.040,
10.24.050 and 10.24.060, fireworks
(Repealed by 895)
633 Amends Ord. 490, speed limits (Not
codified)
634 Amends § 16.16.140, National Electri-
cal Code (Repealed by 1707)
635 Rezone (Special)
636 Rezone (Special)
637 Amends Exhibit A of Ord. 467, stop
controls (Not codified)
638 Prezone (Special)
639 Prezone (Special)
640 Prezone (Special)
641 Rezone (Special)
642 Rezone (Special)
643 Rezone (Special)
644 Amends Ords. 533 and 533 (b), stop-
ping, standing and parking (Repealed
by 824 and 843)
645 Prezone (Special)
646 Rezone (Special)
647 Rezone (Special)
648 Rezone (Special)
649 Amends Exhibit A of Ord. 492, bicycle
lanes (Not codified)
650 Amends §§ 2.20.020, 2.20.100,
2.20.110, 2.24.010, 2.24.020, 2.24.030
and 2.48.020; adds § 2.24.050; repeals
§ § 2.20.040 and 2.20.090, treasury and
fiscal duties (2.20, 2.24, 2.48)
651 Rezone (Special)
652 Amends Ords. 2 (a) and 2(e)(1), zoning
(Repealed by 1601)
653 Adds Ch. 10.45, nighttime deliveries to
commercial establishments (Repealed
by 1022)
654 (Number not used)
655 Rezone (Special)
656 Amends Ord. 353, signs (Not codified)
657 Amends §§ 10.1, 10.2 of Ord. 533,
parking (Repealed by 824 and 843)
658 Amends § 13.11 and Exhibit A of Ord.
492, bicycles (11.08)
659 Amends § 10.1 of Ord. 533, parking
(Repealed by 824 and 843)
660 Rezone (Special)
661 Rezone (Special)
662 Rezone (Special)
663 Amends §§ 5.3(a), 6.2(a), 7.5(a) of Ord.
652, zoning (Not codified)
664 Amends Ord. 220; repeals Ord. 220(e),
zoning (Repealed by 1601)
665 Rezone (Special)
666 Prezone (Special)
667 Amends § 16.04.060 of Ord. 627, Uni-
formBuilding Code (Repealed by 1706)
668 Adds park and recreation to Ord. 002;
repeals Ord. 002(v), zoning (Repealed
by 1601)
669 Rezone (Special)
670 Amends § 13.04.190A, park closing
hours (13.04)
671 Rezone (Special)
672 Prezone (Special)
673 Amends §§ 2.08.030, 2.08.040,
2.08.080, 2.08.090, 2.08.100; deletes §§
2.08.050, 2.08.060, City Council meet-
ings (2.08)
674 Amends §§ 9.1, 10.4 of Ord. 220(n),
zoning (Repealed by 991)
675 Prezone (Special)
676 Rezone (Special)
677 Rezone (Special)
678 Rezone (Special)
679 Adds Ch. 2.68, Library Commission
(2.68)
680 Amends § 10.4 of Ord. 533, parking
(Repealed by 824 and 843)
681 Rezone (Special)
682 Rezone (Special)
683 Rezone (Special)
684 Amends Ord. 490, speed limits (Not
codified)
685 Adds Chapter 2.68, child care expense
for specific committee members (Re-
pealed by 1697)
(Cupertino 3-96) 602
ORDINANCE LIST
685-A Amends Chapter 2.72, expense reim- 712 Prezone (Special)
bursement (Repealed by 1697) 713 Rezone (Special)
686 Amends §§ 16.28.010 and 16.28.020; 714 Amends § 3.28.OSOC, reserve for pazks
adds §§ 16.28.030 through 16.28.090, and recreational facilities (3.28)
fences (16.28) 715 Amends § 3.32.080, Construction Tax
687 Rezone (Special) Fund (3.32)
688 Amends § 10.1 of Ord. 533, stopping, 716 Rezone (Special)
standing, parking (Repealed by 824 and 717 Amends Ord. 533, parking restrictions
843) (Repealed by 824 and 843)
689 Amends Exhibit A of Ord. 492, bicycle 718 Rezone (Special)
lanes (Not codified) 719 Prezone (Special)
690 Amends § 10.2 of Ord. 533, stopping, 720 Amends § 8.08.200, dogs (8.08)
standing, pazking (Repealed by 824 and 721 Amends § 2.16.020, Council salary
843) (2.16)
691 Rezone and prezone (Special) 722 Amends § 16.32.040, safety require-
692 Amends § 1.12.010, general penalty ments for City-owned bodies of water
(1.12) (16.32)
693 (Number not used) 723 Rezone (Special)
694 Rezone (Special) 724 Amends Ch. 9.08, weed abatement
695 (Pending) (9.08)
696 (Tabled without prejudice) 725 (Not enacted)
697 Rezone (Special) 726 (Not enacted)
698 Rezone (Special) 727 Rezone (Special)
699 Prezone (Special) 728 Rezone (Special)
700 Rezone and prezone (Special) 729 Rezone (Special)
701 Amends § 2.52.060, personnel (2.52) 730 Amends § 3.24.090, bidding procedures
702 Amends Ord. 490, speed limits (Not (Repealed by 1582)
codified) 731 Rezone (Special)
703 Amends Ch. 16.04, Uniform Building 732 Rezone (Special)
Code (Repealed by 1706) 733 Prezone (Special)
704 (Not enacted) 734 Prezone (Special)
705 Amends § 2.28.040D, City Manager 735 Amends § 6.4 of Ord. 652, zoning (Not
(2.28) codified)
706 Amends Ord. 533, pazking prohibited 736 Adds § 16.04.115 to Ch. 16.04,
on certain streets (Repealed by 824 and reroofing requirements (Repealed by
843) 1706)
707 Prezone (Special) 737 Amends Ch. 5.16, gazage and patio sale
708 Amends Ch. 11.08, bicycles (11.08) (5.16)
709 Amends Ord. 533, pazking prohibited 738 Rezone (Special)
on certain streets (Repealed by 824 and 739 Amends Ch. §§ 2.36.010, 2.36.020,
843) 2.36.050, 2.36.080, Park and Recreation
710 Adds (I) to § 13.04.020 and adds §§ Commission (2.36)
13.04.201 and 13.04.202, pazk regula- 740 Amends § 8.08.240, dog license fees
tions (13.04) (Repealed by 931)
711 Rezone (Special) 741 Amends Chapter 11.08, bicycles (11.08)
633 (Cupertino 3-96)
TABLES
742 Rezone (Special)
743 Rezone (Special)
744 Prezone (Special)
745 Amends Ord. 490, speed limits (Not
codified)
746 Sign ordinance; repeals Ord. 353 and
Res. 1328 and 1329 (Title 17)
747 Amends § 10.24.020, fireworks permit
(Special)
748 Rezone (Special)
749 Rezone (Special)
750 Rezone (Special)
751 Rezone (Special)
752 Adds § 13.04.191 to Ch. 13.04, im-
poundment of vehicles in park after
closing (13.04)
753 Rezone (Special)
754 Amends § 13.04.190, closing hour regu-
lations (13.04)
755 Rezone (Special)
756 Amends Ch. 11.04, abandoned vehicles
(11.04)
757 Rezone (Special)
758 Amends § 11.04.020, abandoned vehi-
cles (11.04)
759 Rezone (Special)
760 Amends §§ 2.1, 5.111 and 5.112 of
Ord. 656, signs (Not codified)
761 Prezone (Special)
762 Rezone (Special)
763 (Denied)
764 Prezone (Special)
765 Rezone (Special)
766 Agreement between city and California
Public Employees' Retirement System
(Special)
767 Amends portions of Ord. 723, rezone
(Special)
768 Amends § 6.18 and subsections 6.18.1
- 6.18.5, residential real estate signs
(Repealed by 746)
769 Amends § 10.1 of Ord. 533, parking
prohibited along certain streets (Re-
pealed by 824 and 843)
770 Amends § 6.5 of Ord. 652, zoning (Not
codified)
771 Adds §§ 5.16.041 and 5.16.042, garage
sales (5.16)
772 Prezone (Special)
773 (Denied)
774 (Denied)
775 Rezone (Special)
776 Amends § 14.04.080, interest on pay-
ments for street improvements (14.04)
777 Adds Ch. 5.32, bingo (5.32)
778 Amends Ord. 2, zoning (14.18)
779 Amends Ord. 220 by adding provisions
concerning multiple-family residential
zones; repeals § 6.1 of Ord. 220, § 1.1
of Ord. 220(a)(1) and Ords. 002(k),
002(k)(2) and 002(g), zoning (Repealed
by 1601)
780 Amends Ord. 2, zoning (Repealed by
991)
781 Annexation (Special)
782 Adds § 16.08.231, amends § 16.08.230,
parking slabs and decks and retaining
walls (16.08)
783 Rezone (Special)
784 Rezone (Special)
785 Prezone (Special)
786 Prezone (Special)
787 Rezone (Special)
788 Rezone (Special)
789 (Tabled)
790 Amends § 15.08.020, water rates
(15.08)
791 Interim zoning regulation establishing
a moratorium on conversion of apart-
ments to condominiums (Not codified)
792 Amends Ord. 490, speed limits (Not
codified)
793 Amends § 18.16.250, off-tract storm
drainage fees (Title 18)
794 Adds Ch. 16.44, unsafe, dilapidated and
abandoned buildings (16.44)
795 Prezone (Special)
796 Rezone (Special)
797 Rezone (Special)
(Cupertino 3-9ti) 604
ORDINANCE LIST
798 Adds pazagraphs (f), (g), (h) and (i) to
Section 906 of the Uniform Plumbing
Code, special fixtures and specialties
(Repealed by 1708)
799 Prezone (Special)
800 Rezone (Special)
801 Rezone (Special)
802 Amends Ord. 220, zoning (Repealed by
1601)
803 Prezone (Special)
804 (Not adopted)
805 (Not adopted)
806 (Not adopted)
807 Amends subsection A of § 2.08.090,
City Council order of business (2.08)
808 Adds Ch. 3.25, sale of surplus supplies
and equipment (3.25)
809 Prezone (Special)
810 Adds §§ 5.20.015 and 5.20.150; amends
§ 5.20.110 and 5.20.140, peddlers and
solicitors (5.20)
811 Amends § 1.12.010 and 1.12.020, gen-
eral penalty (Repealed by 829 and 854)
812 (Not adopted)
813 Amends Ord. 467, stop intersections
(Not codified)
814 Amends Ch. 16.16, National Electrical
Code (Repealed by 1707)
815 Prezone (Special)
816 Rezone (Special)
817 Amends Ord. 533, stopping, standing
and pazking (Repealed by 824 and 843)
818 Amends §§ 3.24.070(A) and (B), and
3.24.080, contracts (Repealed by 1582)
819 Rezone (Special)
820 Prezone (Special)
821 Repeals and reenacts Ch. 15.20, sewer
systems (15.20)
822 Amends § 2.08.080, Council business
(2.08)
823 Amends Exhibit A of Ord. 492, bicycle
lanes (Not codified)
824 Stopping, standing and pazking; repeals
Ords. 491, 533, 533(a), 533(b), 533(c),
576, 622, 644, 657, 659, 680, 688, 690,
706, 709, 717, 769 and 817 (Repealed
by 853)
828 Amends Ord. 490, speed limits (Not
codified)
829 Amends §§ 1.12.010 and 1.12.020, in-
fractions; repeals Ord. 811 (Repealed
by 854)
830 Amends Ch. 2.30, Code Enforcement
Officer (2.30)
831 Stopping, standing and parking on pri-
vate streets (11.26)
832 Adds Ch. 10.10, conduct in public
buildings (10.10)
833 Truck traffic routes; repeals Ord. 570
(11.32)
834 Amends § 16.16.100, permit fees (Re-
pealed by 1707)
836 Adds Ch. 10.82, license to sell con-
cealed weapons (10.82)
842 Amends effective date of Ord. 823 (Re-
pealed by 853)
843 Stopping, standing and pazking; repeals
Ords. 491, 533, 533(a), 533(b), 533(c),
576, 622, 644, 657, 659, 680, 688, 690,
706, 709, 717, 769 and 817 (11.24)
852 Amends § 16.28.040(B), fences (16.28)
853 Amends Exhibit A of Ord. 492, bicycle
lanes; repeals Ords. 824 and 842 (Not
codified)
854 Amends §§ 1.12.010 and 1.12.020, in-
fractions; repeals Ords. 811 and 829
(1.12)
860 Amends § 15.08.020, domestic water
service quantity rates (15.08)
861 Adds Ch. 10.25, smoking regulation
(10.25)
863 Amends Exhibit A of Ord. 467, stop
intersections (Not codified)
865 Amends Ord. 843 § 12, penalty (11.24)
866 Repeals Ch. 5.28 (Repealer)
873 Amends §§ 10.1 and 10.2 of Ord. 843,
pazking (11.24)
880 Adds Ch. 10.56, trespassing upon pazk-
ing lots, shopping center property and
6~)5 (capecr;no 3-96)
TABLES
other property open to the public
(10.56)
882 Amends §§ 18.16.260, 18.16.270,
18.16.280, 18.16.290, 18.16.300 and
18.16.310, hillside subdivisions (Title
18)
883 Adds Ch. 5.28, taxicabs (5.28)
884 Adds Ch. 3.09, alternate sales and use
tax (Repealed by 1705)
886 Amends § 10.1 of Ord. 843, parking
(11.24)
891 Amends Ch. 16.20, plumbing code
(Repealed by 1708)
892 Amends Ch. 16.24, mechanical code
(Repealed by 1709)
893 Amends Ch. 16.04, building code (Re-
pealed by 1706)
894 Amends paragraph B of § 17.32.070,
real estate signs (17.32)
895 Repeals Ch. 10.24 (Repealer)
899 Amends § 11.24.150, parking (11.24)
900 Amends §§ 11.20.020 and 11.20.030,
vehiculaz stops (11.20)
901 Amends (2) of subsection A of §
15.08.090, subsections A and B of §
15.12.020, and subsections C and F of
§ 15.12.030, waterworks system (15.08,
15.12)
902 Rezone (Special)
903 Adds pazagraph F to § 11.24.040 and §
11.24.220; temporary pazking (11.24)
904 Adds Ch. 11.36, closure of curbs and
medians to vehiculaz traffic (11.36)
905 Prezone (Special)
906 Condominium conversion provisions
(Repealed by 1601)
907 Amends § 2.12.010, publication of ordi-
nances (2.12)
908 Amends § 11.24.150, prohibited pazking
(11.24)
909 Amends § 8.08.240, dog license fees
(Repealed by 931)
910 (Not enacted)
911 Amends public employees retirement
contract (Not codified)
912 Rezone (Special)
913 Prezone (Special)
914 Amends paragraphs B and C of §
10.82.020, license to sell concealed
weapons (10.82)
915 Amends § § 11.12.030 and 11.12.040,
speed limits (11.12)
916 Rezone (Special)
917 Rezone (Special)
918 Amends Ord. 575, zoning (Repealed by
1601)
919 Amends Ord. 779, zoning (Repealed by
1601)
(Cupertino 3-96) 606
ORDINANCE LIST
1035 Adds § 87.1 to Ord. 220(1), zoning (Not
codified)
1036 Prezone (Special)
1037 Prezone (Special)
1038 Rezone (Special)
1039 Rezone (Special)
1040 Rezone (Special)
1041 Amends § 11.20.020, stop signs (11.20)
1042 Prezone (Special)
1043 Prezone (Special)
1044 Not enacted
1045 Prezone (Special)
1046 Prezone (Special)
1047 Prezone (Special)
1048 Prezone (Special)
1049 Prezone (Special)
1050 Prezone (Special)
1051 Prezone (Special)
1052 Prezone (Special)
1053 Prezone (Special)
1054 Prezone (Special)
1055 Adds Ch. 11.31, pazking on city prop-
erty (11.31)
1056 Amends § 5.04.200, business licenses
(5.04)
1057 (Not enacted)
1058 Amends § 11.24.150, pazking (11.24)
1059 Amends § 2.20.020, recordkeeping of
City finances; repeals § 2.20.060 (2.20)
1060 Amends § 3.24.020, Purchasing Officer
(Repealed by 1582)
1061 Amends § 3.25.020, Surplus Sales Offi-
cer (3.25)
1062 Amends § 3.28.050, fees in lieu of land
dedication (Repealed by 1202)
1063 Amends § 3.32.060, construction tax
(3.32)
1064 Amends subsection D of § 2.28.040,
City Manager (2.28)
1065 Adds subsection F to § 2.48.020;
amends subsection A of § 2.48.020,
departmental organization (2.48)
1066 Amends § 10.48.062, nighttime deliver-
ies and pickups (10.48)
1067 Amends § 11.12.030, speed limits
(11.12)
1068 Amends Exhibit A of § 11.08.290,
bicycle lanes (11.08)
1069 Amends § 11.24.150, pazking (11.24)
1070 Amends § 11.20.030, stop intersections
(11.20)
1071 Amends Exhibit A of § 11.08.290,
bicycle lanes (11.08)
1072 Amends § 11.24.150, pazking (11.24)
1073 Amends § 11.20.020, vehiculaz stop
(11.20)
1074 Amends § 11.24.160, parking (11.24)
1075 Amends § 16.08.230, retaining wall
construction (16.08)
1076 Amends §§ 6.28.010, 6.28.045,
6.28.060, 6.28.070, 6.28.100, 6.28.110,
6.28.180, 6.28.190, 6.28.246 and
6.28.260, CATV franchise (Repealed by
1703)
1077 Rezone (Special)
1078 Amends § 11.20.020, vehiculaz stop
(11.20)
1079 Amends paragraph 5 of § 5.1 of Ord.
831, parking on private streets (11.26)
1080 Amends § 11.16.030, through streets
(11.16)
1081 Prezone (Special)
1082 Repeals Ch. 15.16 (Repealer)
1083 Adds § 2.36.110; amends § 2.36.010,
Parks and Recreation Commission
(2.36)
1084 Prezone (Special)
1085 Amends Ch. 16.04, building code (Re-
pealed by 1706)
1086 Amends Ch. 16.20, plumbing code
(Repealed by 1708)
1087 Amends Ch. 16.16, electrical code
(Repealed by 1707)
1088 Adds Ch. 16.40, fire code (Repealed by
1711)
1089 Rezone (Special)
1090 Adds Ch. 2.74, Cable Television Ad-
visory Committee (2.74)
1091 Rezone (Special)
6~~9 (Cupertino 3-96)
TABLES
1092 Rezone (Special) 1120 Rezone (Special)
1093 Amends Ch. 3.24, purchase of supplies 1121 Rezone (Special)
and equipment (Repealed by 1582) 1122 Rezone (Special)
1094 Amends Ch. 14.04, street improvements 1123 Rezone (Special)
(14.04) 1124 Amends §§ 11.24.150 and 11.24.160,
1095 Amends § 11.20.020, vehiculaz stop vehicles and traffic (11.24)
(11.20) 1125 Rezone (Special)
1096 Amends § 11.28.070, pazking in private 1126 Rezone (Special)
areas (Repealed by 1301) 1127 Rezone (Special)
1097 Amends § 11.24.150, pazking (11.24) 1128 Rezone (Special)
1098 Rezone (Special) 1129 Amends §§ 11.24.150, parking (11.24)
1099 (Pending) 1130 Amends §§ 11.20.020 and 11.20.030,
1100 Adds Ch. 2.38, Energy Commission stop signs (11.20)
(Repealed by 1581) 1131 Amends Ord. 220(1), zoning (Repealed
1101 Amends § 11.31.020, parking on city by 1601)
property (11.31) 1132 Rezone (Special)
1102 Medfly spraying (Special) 1133 Amends § 2.08.090, order of business
1103 Rezone (Special) at city council meetings (2.08)
1104 Prezone (Special) 1134 Amends Chapter 16.12, preliminary
1105 Amends contract between City Council soils report (16.12)
and Public Employees' Retirement Sys- 1135 Amends §§ 11.24.160, parking (11.24)
tem (Special) 1136 Amends Ord. 652, zoning (Repealed by
1106 Repeals Ch. 2.64 (Repealer) 1601 }
1107 Adds subsections 28 and 29 to § 10.48- 1137 Amends § 15.08.020, metered water
.010, community noise control (10.48) service (15.08)
1108 (Not enacted) 1138 Adds H to §§ 11.26.110, pazking
1109 Repeals § 16.40.090, fire code (Repeal- (11.26)
er) 1139 Rezone (Special)
1110 Rezone (Special) 1140 Amends § 11.24.150, parking (11.24)
1111 Amends Ch. 10.24, fireworks (10.24) 1141 Amends § 11.28.070, pazking (Repealed
1112 Rezone (Special) by 1301)
1113 Amends Ch. 16.40, fire code (Repealed 1142 Rezone (Special)
by 1711) 1143 Amends Ch. 16.08, excavations, grading
1114 Frezone (Special) and retaining walls (16.08)
1115 Amends § 11.24.150, vehicles and 1144 Rezone (Special)
traffic (11.24) 1145 Rezone (Special)
1116 Amends §§ 8.08.040, 8.08.080, 1146 Rezone (Special)
8.08.085, 8.08.100, 8.08.220, 8.08.270 1147 Amends contract with Board of Admin-
and 8.08.330, animal and rabies control istration of California Public Employees
(Repealed by 1631) Retirement System (Not codified)
1117 Adds Ch. 5.40, secondhand dealers 1148 Amends § 11.24.150, parking prohibi-
(5.40) tions (11.24)
1118 Amends §§ 11.24.150 and 11.24.160, 1149 Amends § 10.48.062, noise control
vehicles and traffic (11.24) (10.48)
1119 Adds § 2.08.135, city council (2.08)
(Cupertino 3-96) 610
ORDINANCE LIST
1150 Date of municipal elections (Superseded 1178 Amends § 11.24.150, parking restric-
by 1164) tions (11.24)
1151 Amends §§ 11.24.150 and 11.24.160, 1179 Adds §§ 5:08.110, 5.40.070, 16.44.150
parking prohibitions (11.24) and 16.52.016; amends §§ 1.12.010,
1152 Amends §§ 11.24.150 and 11.24.160, 3.08.170, 3.09.170, 3.12.140, 5.04.560,
parking prohibitions (11.24) 5.16.070, 5.24.150, 6.24.220, 8.04.150,
1153 Rezone (Special) 9.04.130, 10.10.030, 10.28.020,
1154 Rezone (Special) 10.46.070, 10.48.012, 10.52.090,
1155 Amends § 11.24.150, parking prohibi- 10.68.060, 10.76.020, 11.26.130,
tions (11.24) 11.28.060, 11.32.090, 13.04.240,
1156 Amends § 11.20.020, stops (11.20) 14.08.100, 14.20.120, 16.28.080,
1157 Prezone (Special) 16.32.080 and 18.24.080, penalties;
1158 Rezone (Special) repeals § 18.1 of Ord. 002(4), § 7.1 of
1159 Prezone (Special) Ord. 276, and § 16.04.160 (1.12, 3.08,
1160 Rezone (Special) 3.12, 5.04, 5.16, 5.40, 9.04, 10.10,
1161 Rezone (Special) 10.28, 10.46, 10.48, 10.52, 10.76,
1162 Rezone (Special) 11.26, 11.28, 11.32, 13.04, 14.08,
1163 Amends § 11.24.170, pazking (11.24) 14.20, 16.28, 16.32, 16.44, 16.52, Title
1164 Supersedes Ord. 1150; date of general 18)
municipal elections (2.76) 1180 Date of general elections (Repealed by
1165 Rezone (Special) 1697)
1166 Amends §§ 2.32.020, 2.36.020, 1181 Amends § 11.20.030, all-directional
2.44.040, 2.60.020, 2.68.020 and vehicular stop (11.20)
2.74.020, appointments to advisory 1182 Rezone (Special)
bodies (2.32, 2.36, 2.60, 2.68, 2.74) 1183 Rezone (Special)
1167 Amends §§ 2.32.040, 2.36.040, 1184 Rezone (Special)
2.38.040, 2.44.040, 2.60.040, 2.68.040 1185 Rezone (Special)
and 2.74.040, officers of advisory bod- 1186 Repeals subsection (k) of § 15.12.080,
ies (2.32, 2.36, 2.60, 2.68, 2.74) waterworks system (15.12)
1168 Adds §§ 16.40.165, 16.40.166 and 1187 Amends § 3.12.030, transient occupan-
16.40.180, smoke detection devices cy tax (Repealed by 1705)
(Repealed by 1711) 1188 Amends §§ 8.08.070 and 8.08.200, ani-
1169 Rezone (Special) mal control (Repealed by 1631)
1170 Amends § 11.24.150, pazking (11.24) 1189 Adds § § 8.08.391 and 8.08.392; amends
1171 Prezone (Special) §§ 8.08.040, 8.08.380, 8.08.390,
1172 Amends §§ 11.24.150 and 11.24.160, 8.08.400, 8.08.420 - 8.08.480, animal
stopping, standing and parking (11.24) control (Repealed by 1631)
1173 Amends § 11.08.290, bicycle lanes 1190 (Not used)
(11.08) 1191 Extends expiration date of Ch. 10.26,
1174 Prezone (Special) police alarm systems and devices
1175 Adds Ch. 15.30, cross-connections and (10.26)
backflow protection (15.30) 1192 Amends § 2.08.090, city council meet-
1176 Extends Ch. 10.26, police alarm sys- ings (2.08)
terns (Special) 1193 (Not adopted)
1177 Rezone (Special) 1194 Rezone (Special)
6 ~ 1 (cupectioo 3-96)
TABLES
1195 Prezone (Special) 1223 Rezone and prezone (Special)
1196 Amends § 11.32.090, truck traffic 1224 Adds § 3.32.045; amends §§ 3.32.020,
routes (11.32) 3.32.040, 3.32.050, 3.32.070, 3.32.080
1197 Adds Ch. 11.27, permit pazking zone and 3.32.100, construction tax (3.32)
(11.27) 1225 Amends § 2.12.020, ordinance and
1198 Rezone (Special) resolution passage (2.12)
1199 Adds § 2.44.120, architectural and site 1226 Amends § 11.20.020, stop intersections
approval committee (Repealed by 1630) (11.20)
1200 Amends § 16.12.020, preliminary soil 1227 Rezone (Special)
report (16.12) 1228 Renumbers § 11.08.300 to § 11.08.310;
1201 Rezone (Special) adds new § 11.08.300; amends §
1202 Amends Title 18, subdivisions (Title 11.08.290, bicycles (11.08)
18) 1229 Rezone (Special)
1203 Amends §§ 11.24.150 and 11.24.160, 1230 Rezone (Special)
parking (11.24) 1231 Prezone (Special)
1204 Adds to § 11.20.020, stop intersections 1233 Amends Ch. 2.74, Cable Television
(11.20) Advisory Committee (2.74)
1205 (Not enacted) 1235 Adds Ch. 9.16, mosquito abatement
1206 Rezone (Special) (9.16)
1207 Amends §§ 10.26.080, 10.26.090 and 1236 Rezone (Special)
10.26.140 and repeals § 10.26.180, po- 1237 Amends Ords. 881 and 991, zoning
lice alarms (10.26) (Not codified)
1208 Adds subsection F to § 17.32.100 and 1238 RHS zone (Repealed by 1450)
§ 17.08.085; amends § 17.32.070; signs 1239 Prezone (Special)
(17.08, 17.32) 1240 R1 zone (Repealed by 1374)
1209 Rezone (Special) 1241 Amends § 5.28.170, taxi driver permits
1210 Amends subsection A of § 3.12.030, (5.28)
transient occupancy tax (Repealed by 1242 Rezone (Special)
1705) 1243 Amends § 11.12.030, speed limits
1211 Amends Ch. 11.30, traffic in downtown (11.12)
azea (11.30) 1244 Amends Ch. 9.12, hazazdous materials
1213 Amends § 2.32.050, planning comnus- storage (9.12)
sion (2.32) 1245 Amends §§ 11.24.150 and 11.24.160,
1215 Adds § 8.08.255, rabies control (Re- pazking (11.24)
pealed by 1631) 1246 (Not used)
1217 Amends § 15.08.020, water rates 1247 Amends § 15.08.020, water rates
(15.08) (15.08)
1218 Adds to § 11.24.150, pazking (11.24) 1248 Amends zoning application (Special)
1219 Amends § 2.12.040, ordinance passage 1249 Frezone (Special)
(2.12) 1250 Amends zoning application (Special)
1220 Adds Ch. 9.12, hazardous materials 1251 Amends §§ 3.08.120 and 3.08.130,
storage (9.12) sales and use tax (3.08)
1221 Amends § 11.24.150, stopping, standing 1252 Amends subsections B and C of §
and parking (11.24) 9.12.032, hazardous materials storage
1222 (Not enacted) (9.12)
(Cupertino 3-96) 612
ORDINANCE LIST
1253 Amends § 9.12.031, subsections D and
E of § 9.12.032 and § 9.12.088, hazazd-
ous materials storage (9.12)
1254 (Not adopted)
1255 Amends § 5.32.080, bingo (5.32)
1256 Adds Title 20, development agreement
(19.116)
1257 Amends §§ 8.08.080C and 8.08.490,
animal and rabies control (Repealed by
1631)
1258 Rezone (Special)
1259 Amends § 2.08.090A, council meetings
(2.08)
1260 Rezone (Special)
1261 Amends § 11.20.030, stop signs (11.20)
1262 Zoning (Special)
1263 Adds Ch. 1.09, nuisance abatement
(1.09)
1264 Amends § 11.24.160, pazking restric-
tions (11.24)
1265 Amends § 11.24.160, pazking restric-
tions (11.24)
1266 Amends § 11.24.150, pazking (11.24)
1267 Amends §§ 11.32.010 and 11.32.050,
truck routes (11.32)
1268 Amends § 11.20.030, stop signs (11.20)
1269 Rezone (Special)
1270 Rezone and prezone (Special)
1271 Amends Ch. 10.24, fireworks (10.24)
1272 Amends Ch. 10.24, fireworks (10.24)
1273 (Not adopted)
1274 Rezone (Special)
1275 Rezone (Special)
1276 Amends §§ 11.24.150, 11.24.160 and
11.24.170, pazking (11.24)
1277 Repealing certain zoning ordinances and
establishing pazking regulations (Re-
pealed by 1601)
1278 Amends §§ 10.48.014 and 10.48.053,
community noise control (10.48)
1279 Adds § 8.08.505, adoption of animals
(8.08)
1280 Amends § § 2.74.010 through 2.74.030,
cable television advisory committee
(2.74)
1281 Amends § 2.16.020, council salaries
(2.16)
1282 Rezone (Special)
1283 Amends Ord. 652, zoning (Not codi-
fied)
1284 Amends Ord. 618, zoning (Not codi-
fied)
1285 Amends § 11.24.150, pazking (11.24)
1286 Amending Article 10 of Title 18 and §§
18-1.1001-18-1.1006, merger of sub-
division pazcels (Title 18)
1287 Rezone (Special)
1288 Interim zoning for general commercial
zones (Not codified)
1289 Amends portion of § 11.24.150, stop-
ping, standing and pazking (11.24)
1290 Amends Ord. 1288 to extend termina-
tion date, interim zoning (Not codified)
1291 Rezone (Special)
1292 Amends § 2.08.080 (A) and (C), city
council meeting rules (2.08)
1293 Rezone (Special)
1294 Amends Ch. 10.25, smoking restrictions
in public places (10.25)
1295 Amends general commercial zone; re-
peals Ord. 220(j), zoning (Not codified)
1296 Amends § 15.08.020, water rates
(15.08)
1297 Adds language to § 11.20.030, stop
intersections (11.20)
1298 (Pending)
1299 Rezone (Special)
1300 Adds § 8.08.155, animals in motor
vehicles (Repealed by 1631)
1301 Repeals § 11.28.070, parking (Repealer)
1302 Amends § 11.24.150, stopping, standing
and parking (11.24)
1303 Amends § 3.08.020, sales use tax (3.08)
1304 Amends § 11.24.150, prohibited pazking
(11.24)
1305 Amends § 1 of Ord. 2, zoning applica-
tion (Special)
1306 Adds Ch. 2.78, landlord-tenant media-
tion (2.78)
1307 Rezone (Special)
61.3 ccu~~;oo s-~>
TABLES
1308 Amends Ch. 16.04, building code
(16.04)
1309 Amends Ch. 16.40, fire code (Repealed
by 1711)
1310 Amends Ch. 16.20, plumbing code
(Repealed by 1708)
1311 Amends Ch. 16.24, mechanical code
(Repealed by 1709)
1312 Amends Ch. 16.16, electrical code
(Repealed by 1707)
1313 Adds § 11.26.140, parking (11.26)
1314 Business license tax amnesty (Not codi-
fied)
1315 Rezone (Special)
1316 Rezone (Special)
1317 Amends Ord. 1165, rezone (Special)
1318 Rezone (Special)
1319 Rezone (Special)
1320 Amends §§ 17.08.280,17.16.010(f) and
17.32.120; repeals and replaces §
17.32.040, signs (17.08, 17.16, 17.32)
1321 Amends §§ 2.32.020, 2.32.040,
2.36.020, 2.36.040, 2.38.020,
2.38.040(A), 2.44.040, 2.60.020,
2.60.040, 2.68.020, 2.68.040 and
2.74.020, terms of office (2.32, 2.36,
2.60, 2.68, 2.74)
1322 Adds Ch. 11.10, off-street vehicles
(11.10)
1323 Rezone (Special)
1324 Rezone (Special)
1325 Amends § 11.24.150, pazking (11.24)
1326 Prezone (Special)
1327 Rezone (Special)
1328 Adds §§ 18-1.503, 18-1.503.1,
18-1.503.2, 18-1.503.3 and 18-1.503.4,
subdivisions (Title 18)
1329 Amends § 2.08.090A, city council
meetings (2.08)
1330 Prezone (Special)
1331 Rezone (Special)
1332 Rezone (Special)
1333 Rezone (Special)
1334 Rezone (Special)
1335 Prezone (Special)
1336 Prezone (Special)
1337 Rezone (Special)
1338 Amends § 11.24.150, prohibited pazking
(11.24)
1339 Amends §§ 11.20.020 and 11.20.030,
vehicles and traffic (11.20)
1340 Amends § 11.24.180, diagonal pazking
(11.24)
1341 Amends § 3.12.030A, transient occu-
pancy tax (Repealed by 1705)
1342 Rezone (Special)
1343 Rezone (Special)
1344 Repeals Ord. 220(j) (Repealed by 1601)
1345 Trucks and trailers; repeals Ord. 276
(11.29)
1346 Amends § § 11.28.010, 11.28.020 and
11.28.030, miscellaneous pazking
(11.28)
1347 Vesting tentative maps (Title 18)
1348 Amends § 11.24.180, diagonal pazking
(11.24)
1349 Rezone (Special)
1350 Adds § 16.04.056, spazk arrestors (Re-
pealed by 1706)
1351 Amends § 11.24.150, parking (11.24)
1352 Amends § 16.40.080B, fire code (Re-
pealed by 1711)
1353 Amends § 16.32.OSON, swimming pools
(16.32)
1354 Rezone (Special)
1355 Amends § 15.08.020, water service
(15.08)
1356 Amends § 12 of Ord. 1240, moratorium
of extensions along building lines (Spe-
cial)
1357 Amends § 11.24.150, pazking (11.24)
1358 Rezone (Special)
1359 Rezone (Special)
1360 Amends § 16.16.OSOAS, electrical code
(Repealed by 1707)
1361 Amends Ch. 16.04, building code (Re-
pealed by 1706)
1362 Amends Ch. 16.24, mechanical code
(Repealed by 1709)
1363 R1 Zone (Not codified)
(Gtipettino 3-96) 614
ORDINANCE LIST
1364 Rezone (Special)
1365 Amends § 11.20.020, vehicles and
traffic (11.20)
1366 Amends Ch. 16.20, Uniform Plumbing
code (Repealed by 1708)
1367 Amends § 3.24.070G, purchasing (Re-
pealed by 1582)
1368 Rezone (Special)
1369 Amends § 11.24.160, pazking (11.24)
1370 Adds § 3.24.065, purchasing (Repealed
by 1582)
1371 Adds § 2.20.040, city clerk (2.20)
1372 Amends § 10.52.010, handbills and
advertisements (10.52)
1373 Adds § 9.12.043, amends §§
9.12.041(3)(a)(iii), 9.12.042(A) and Art.
V of Ch. 9.12, and repeals §
9.12.011(B), hazardous materials (9.12)
1374 R1 Zone; repeals Ord. 1240 (Repealed
by 1449)
1375 Creation of easements (Not codified)
1376 Rezone (Special)
1377 Amends § 10.52.070, handbills and
advertisements (10.52)
1378 Adds § 2.08.095, city council meetings
(2.08)
1379 Amends entirety of Ch. 16.16, electric
code (Repealed by 1707)
1380 Amends § 11.24.140, parking (11.24)
1381 Amends Ch. 11.08, bicycles (11.08)
1382 Amends § 18-1.1001, subdivisions
(Title 18)
1383 Amends § 10.52.010, distribution of
commercial advertising (10.52)
1384 Amends entirety of Title 18, subdivi-
sions (18.04,18.08,18.12,18.16, 18.20,
18.24, 18.28, 18.32, 18.36, 18.40,
18.44, 18.48)
1385 Rezone (Special)
1386 Amends § 5.32.290, bingo licenses
(5.32)
1387 Adds § 6.24.061, containers stored in
trash enclosures (6.24)
1388 Amends § 11.24.150, traffic (11.24)
1389 Amends Ch. 16.56, Uniform Housing
Code (Repealed by 1710)
1390 Amends §§ 11.24.150 and 11.24.160,
traffic (11.24)
1391 Amends § 11.20.020, traffic (11.20)
1392 Amends § 11.24.160, traffic (11.24)
1393 Amends § 2.08.090(A), city council
order of business (2.08)
1394 Amends §§ 11.24.030 and 11.24.140,
traffic (11.24)
1395 Amends § 11.24.150, traffic (11.24)
1396 Amends condition 16 of Ord. 952 and
repeals condition 17 of Ord. 816, re-
zone (Special)
1397 Amends § 11.24.150, traffic (11.24)
1398 Rezone (Special)
1399 Amends §§ 16.40.010, 16.40.020,
16.40.030, 16.40.040, 16.40.060 and
16.40.080, Unifonm Fire Code (Re-
pealed by 1711)
1400 Amends § 3.12.030(A), transient occu-
pancy tax (Repealed by 1705)
1401 Adds Ch. 2.80, fine arts commission
(2.80)
1402 Amends § 2.16.010, salaries of city
council members (2.16)
1403 Amends Chs. 15.04, 15.08 and 15.12,
water and sewage (15.04, 15.08, 15.12)
1404 Rezone (Special)
1405 Amends §§ 11.24.150 and 11.24.170,
parking regulations (11.24)
1406 Amends § 11.20.030, stop signs (11.20)
1407 Rezone (Special)
1408 Adds § 11.24.230, pazking prohibitions
(11.24)
1409 Amends § 11.24.150, pazking prohibi-
tions (11.24)
1410 Amends §§ 6.5 and 7.6 of Ord. 652 and
repeals § 7.6, zoning (Repealed by
1601)
1411 Rezone (Special)
1412 Amends Ch. 16.52 in its entirety, flood
damage prevention (16.52)
1413 Adds § 11.36.070, traffic (11.36)
611-1 (Cupertino 3-96)
TABLES
1414 Adds §§ 2.365 and 8.12 to Ord. 746; 1440 Establishes interim zoning standards for
repeals and replaces §§ 3.02, 6.03.4, the R1 and RHS zones (Not codified)
7.05, 7.12, 8.08, 8.10, 8.11 and 10.03, 1441 Amends § 16.04.010, 16.04.030,
signs; repeals § 8.01 of Ord. 746 (Title 16.04.060, 16.04.062, 16.16.030,
17) 16.20.030 and 16.24.060, uniform codes
1415 Rezone (Special) (Repealed by 1709)
1416 Adds § 11.24.240, blocking of intersec- 1442 (Not enacted)
tions (11.24) 1443 Temporary parking restriction (Special)
1417 Adds Ch. 11.09, pedestrians (11.09) 1444 (Failed)
1418 Rezone (Special) 1445 Amends §§ 11.20.020 and 11.20.030,
1419 Amends §§ 11.24.150 and 11.24.170, stop intersections (11.20)
stopping, standing and pazking (11.24) 1446 Amends § 11.24.150, prohibited pazking
1420 Amends Ch. 11.08, bicycles (11.08) (11.24)
1421 Creates redevelopment agency (Not 1447 Rezone (Special)
codified) 1448 Rezone (Special)
1422 Amends § 11.24.160, stopping, standing 1449 Amends Ord. 220; repeals Ord. 1374,
and pazking (11.24) zoning (Repealed by 1601)
1423 Amends § 11.24.150, stopping, standing 1450 Amends Ord. 220; repeals Ord. 1238,
and pazking (11.24) zoning (Repealed by 1601)
1424 Rezone (Special) 1451 Amends Ord. 220; repeals Ord. 220(1),
1425 Amends Condition 16 of zoning action zoning (Repealed by 1601)
2-2-83 (Special) 1452 Amends Ord. 220; repeals Ord. 220(1),
1426 Beverage container redemption and zoning (Repealed by 1601)
recycling centers (19.40) 1453 Amends Ord. 220; repeals § 5 of Ord.
1427 Amends § 11.24.160, pazking (11.24) 1238 and § 5 of Ord. 1374, zoning (Not
1428 Amends § 11.24.150, parking (11.24) codified)
1429 Amends §§ 11.20.020 and 11.20.030, 1454 Amends § 11.24.150, prohibited pazking
stop intersections (11.20) (11.24)
1430 Adds Ch. 11.34, roadway design fea- 1455 Amends § 11.24.150, prohibited pazking
tures (11.34) (11.24)
1431 Adds § 16.32.040(B) and reletters sub- 1456 Rules governing effectiveness of zoning
Sequent subsections, swimming pool standazds established by Ords. 1438,
safety requirements (16.32) 1449, 1450 and 1453, zoning (Not codi-
1432 Amends § 2.60.010, public safety com- feed)
mission (2.60) 1457 Amends § 2.08.090(A), order of busi-
1433 Amends §§ 18-1.401.5 and 18-1.501.7, ness at City Council meetings (2.08)
subdivisions (18.16, 18.20) 1458 Special election on bond issuance for
1434 Rezone (Special) park, recreational and open space im-
1435 Rezone (Special) provements (Special)
1436 Rezone (Special) 1459 Amends §§ 2.32.010 and 2.32.020,
1437 Amends § 5.20.015, peddlers and solici- Planning Commission (2.32)
tors; repeals § 5.20.070 (5.20) 1460 Amends §§ 2.36.010 and 2.36.020,
1438 Establishes interim zoning standazds for Parks and Recreation Commission
the R1 and RHS zones (Not codified) (2.36)
1439 Amends § 11.24.150, parking (11.24)
(Cupertino 3-96) 614-2
ORDINANCE LIST
1461 Amends §§ 2.38.010 and 2.38.020,
Energy Commission (Repealed by
1581)
1462 Amends § 2.44.040, Architectural and
Site Approval Committee (Repealed by
1630)
1463 Amends § § 2.60.010 and 2.60.020, Pub-
lic Safety Commission (2.60)
1464 Amends §§ 2.68.010 and 2.68.020, Li-
brary Commission (2.68)
1465 Amends §§ 2.74.010 and 2.74.020, Ca-
ble Television Advisory Committee
(2.74)
1466 Amends §§ 2.80.010 and 2.80.020, Fine
Arts Commission (2.80)
1467 Amends § 11.24.150, prohibited pazking
(11.24)
1468 Rezone (Special)
1469 Prezone (Special)
1470 Zoning (Special)
1471 Rezone (Special)
1472 Amends § 5.20.110, peddlers and solici-
tors (5.20)
1473 Amends § 2.38.010, Energy Commis-
sion (Repealed by 1581)
1474 Rezone (Special)
1475 Amends § 2.40.030, Disaster Council
(2.40)
1476 Amends §§ 11.24.160 and 11.24.170,
pazking restrictions (11.24)
1477 Amends § 6 of Ord. 1344, zoning (Not
codified)
1478 Concurrent sales of alcoholic beverages
and gasoline (5.44)
1479 Adds Ch. 14.05, pazk maintenance fees,
and amends § 14.04.040, street im-
provements (14.04, 14.05)
1480 Amends § 2.48.020, city departments
(2.48)
1481 Amends § 6.28.030, CATV franchises
(Repealed by 1703)
1482 Amends § 11.20.030, stop intersections
(11.20)
1483 Amends § 11.24.180, diagonal parking
(11.24)
1484 Amends Ord. 2(d), zoning (Repealed by
1601)
1485 Amends § 3.12.030(A), transient occu-
pancy tax (Repealed by 1705)
1486 Rezone (Special)
1487 Amends § 2.16.020, City Council sala-
ries (2.16)
1488 Amends § 4.1(a) of Ord. 652, zoning
(Not codified)
1489 Urgency water conservation restrictions
and regulations (Not codified)
1490 Rezone (Special)
1491 (Number not used)
1492 Amends § 15.12.110, waterworks sys-
tem regulations and enforcement
(15.12)
1493 Adds §§ 16.04.047, 16.04.048 and
16.16.045; amends §§ 16.04.010,
16.04.040, 16.16.010, 16.20.010,
16.24.010, 16.40.010, 16.40.030,
16.40.040, 16.40.060, 16.40.080 and
16.56.010, buildings and construction;
repeals §§ 16.20.035, 16.40.050 and
16.40.070 (Repealed by 1711)
1494 Rezone (Special)
1495 Amends Ord. 321, zoning (Repealed by
1601)
1496 Amends § 6.4 of Ord. 652, zoning (Re-
pealed by 1601)
1497 Adds § 1.12.010(A)(3), general penalty
(1.12)
1498 Rezone (Special)
1499 Rezone (Special)
1500 Amends § 11.24.200, stopping, standing
and parking on public streets (11.24)
1501 Adds § 8.08.525, animal and rabies
control (Repealed by 1631)
1502 Rezone (Special)
1503 Rezone (Special)
1504 Rezone (Special)
1505 Amends Ch. 5.20, solicitors (5.20)
1506 Adds § 3.24.085, purchase of supplies
and equipment (Repealed by 1582)
1507 Amends Table 11.12.030, speed limits
(11.12)
61~~-3 (Cupertino 3-96)
TABLES
1508 Amends § 2.01 of Ord. 1489, urgency 1534 Adds Ch. 3.34, utility users excise tax
water conservation restrictions and (3.34)
regulations (Not codified) 1535 Adds Ch. 2.84, Environmental Review
1509 Rezone (Special) Committee (2.84)
1510 Amends Res. 468, Planning Commis- 1536 Rezone (Special)
sion (Not codified) 1537 Rezone (Special)
1511 Rezone (Special) 1538 Adds Ch. 11.37, overweight vehicle
1512 Repeals § 7 of Ord. 1489, urgency permit (11.37)
water conservation restrictions and 1539 Rezone (Special)
regulations (Not codified) 1540 Approves certain development agree-
1513 Water conservation (15.32) ment (Special)
1514 (Repealed by 1612) 1541 Temporary conditional use permits (Not
1515 Rezone (Special) codified)
1516 Amends § 14.04.200 (A), street im- 1542 Amends § 11.12.030, speed limits
provements (14.04) (11.12)
1517 Amends § 11.08.250, bicycle lane des- 1543 Amends Ord. 778, heritage and speci-
ignation (11.08) men trees (14.18)
1518 Amends § 11.24.160, stopping, standing 1544 Amends § 11.08.250, bicycles (11.08}
and parking on public streets (11.24) 1545 Amends § 11.24.160, parking (11.24)
1519 Amends § 16.56.030, Uniform Housing 1546 Amends §§ 1.09.060, 1.09.140; repeals
Code (Repealed by 1710) and replaces 1.09.070, nuisance abate-
1520 Amends (A) of § 3.12.030, alternate ment (1.09)
sales and use tax (Repealed by 1705) 1547 Amends §§ 11.24.150 and 11.24.160,
1521 Amends § 11.24.150, pazking (11.24) pazking regulations (11.24)
1522 Rezone (Special) 1548 Amends § 11.12.030, speed limits
1523 Rezone (Special) (11.12)
1524 Water conservation (15.32)_ 1549 Amends § 2.32.050, Planning Commis-
1525 Adds Ch. 16.42, toxic gases (16.42) sion meetings (15.49)
1526 Amends §§ 10.26.090 - 10.26.130, 1550 Prezone (Special)
alarm systems (10.26) 1551 Amends §§ 2.20.030, 2.20.040,
1527 Adds § 12.2 to Ord. 1449, § 7.3 to Ord. 2.20.050, 2.20.070, 2.20.080, 2.20.100
575, § 4.3 to Ord. 779, § 13.2 to Ord. and 2.20.110, city clerk (2.20)
1452, § 13.2 to Ord. 1451 and § 15.2 to 1552 Amends § 11.20.020, traffic regulations
Ord. 1450, zoning (Repealed by 1601) (11.20)
1528 Rezone (Special) 1553 Amends § 11.24.150, pazking regula-
1529 Amends § 3.32.050, construction tax tions (11.24)
(3.32) 1554 Rezone (Special)
1530 Rezone (Special) 1555 Adds Ch. 9.20, off-site hazazdous waste
1531 Adds Ch. 16.60, unreinforced masonry facilities (9.20)
buildings (16.60) 1556 Amends § 11.12.030, speed limits
1532 Adds Ch. 10.30, elimination of bodily (11.12)
waste in public (10.30) 1557 Amends §§ 11.20.020, traffic regula-
1533 Amends Ord. 1532 and § 10.30.030, tions (11.20)
elimination of bodily waste in public 1558 Water conservation (15.32)
(10.30) 1559 Prezone (Special)
(Cupertino 3-96) 614-4
ORDINANCE LIST
1560 Amends § 11.08.160, bicycles (11.08)
1561 Amends § 2.08.090(A), City Council
meetings (2.08)
1562 Amends § 11.24.150, parking regula-
tions (11.24)
1563 Amends § 3.12.030(A), transient occu-
pancy tax (Repealed by 1705)
1564 Amends § 11.24.150, parking regula-
tions (11.24)
1565 PERS contract amendment (Special)
1566 Amends § 11.12.030, speed limits
(11.12)
1567 Amends Ch. 16.16, electrical code
(Repealed by 1707)
1568 Amends § 128.1 of Ord. 220(I), zoning
(Not codified)
1569 Adds §§ 19.21.080-19.21.140, zoning
(19.52)
1570 Amends § 2.84.010, Environmental Re-
view Committee (2.84)
1571 Adds Ch. 9.18, nonpoint source pollu-
tion (9.18)
1572 Repeals and replaces Ch. 6.24, garbage
collection (6.24)
1573 Amends Ord. 1543, heritage and speci-
men trees (14.18)
1574 Rezone (Special)
1575 Adds Art. 13 to Title 18, hillside subdi-
vision requirements (18.52)
1576 Adds Ch. 2.86, Affordable Housing
Committee (2.86)
1577 Amends Ch. 11.24 [§ 11.24.150], park-
ing prohibition along certain streets
(11.24)
1578 Amends § 11.24.150, parking prohibi-
tions on Stevens Creek Boulevard
(11.24)
1579 Amends § 11.12.030, speed limit on
Bandley Drive (11.12)
1580 Amends Ch. 15.32, water conservation
(15.32)
1581 Repeals Ch. 2.38 (Repealer)
1582 Adds Ch. 3.22, purchase of supplies
and equipment; repeals Ch. 3.24 (3.22)
1583 Adds Ch. 3.23, public works contract
and bidding procedures (3.23)
1584 Amends § 11.12.030, speed limit on
Miller Avenue (11.12)
1585 Amends §§ 11.29.030-11.29.060, on-
site parking (11.29)
1586 Adds Ch. 11.38, transportation demand
management (11.38)
1587 Amends §§ 15.32.010, 15.32.020,
15.32.030, 15.32.050, and 15.32.060,
water conservation (15.32)
1588 Adds Ch. 10.27, cigarette and/or to-
bacco vending machines (10.27)
1589 Amends § 11.24.150, parking prohibi-
tions on Finch Avenue (11.24)
1590 Amends §§ 16.04.010 and 16.04.065,
repeals § § 16.04.040, 16.04.045 and
16.04.047, building code (Repealed by
1706)
1591 Amends §§ 16.20.010, 16.20.020,
16.20.030 and 16.20.050, plumbing
code (Repealed by 1708)
1592 Amends §§ 16.24.010, 16.24.030 and
16.24.070, mechanical code (Repealed
by 1709)
1593 Amends § 16.56.010, housing code
(Repealed by 1710)
1594 Amends Ch. 16.40, fire code (Repealed
by 1711)
1595 Amends §§ 16.32.020, 16.32.030,
16.32.040, 16.32.050, swimming pools
(16.32)
1596 Amends § 2.44.120, architectural and
site approval committee (Repealed by
1630)
1597 (Number not used)
1598 Amends entirety of Ch. 9.18, repeals
former sections 9.18.150-9.18.180,
nonpoint source pollution (9.18)
1599 Adds Ch. 3.36, storm drainage service
charge (3.36)
1600 Amends § 3.34.030(A), telephone use
tax (3.34)
1601 Adds Title 19 and repeals Ords. 002(b-
1), (k), (x), (y), NS-1200 §§ 29 and 30,
611-5 (Cupertino 3-96)
TABLES
220(g) and (1), 575, 618, 652, 664, 668,
779, 802, 906, 1277, 1344, 1449, 1450,
1451, 1452, 1484 and 1495, zoning
(19.02, 19.04, 19.08, 19.12, 19.16,
19.20, 19.24, 19.28, 19.32, 19.36,
19.40, 19.44, 19.48, 19.52, 19.56,
19.60, 19.64, 19.68, 19.72, 19.76,
19.80, 19.84, 19.88, 19.92, 19.96,
19.100,19.104,19.108,19.112, 19.116,
19.120,19.124,19.128,19.132,19.136)
1602 Rezone (Special)
1603 (Number not used)
1604 Amends Ch. 15.12, waterworks system
(15.12)
1605 Amends § 11.24.150, parking prohibi-
tions (11.24)
1606 Adds Ch. 9.06, massage establishments
(9.06)
1607 Amends (75) and (76) of § 19.02.030,
zoning (19.02)
1608 .Adds Ch. 19.OSA (OS open-space
zones), zoning (19.24)
1609 Amends § 18-1.803.2, 18-1.402.4(4),
18-1.402.5.1(B), 18-1.602.5(A) and 18-
1.602.7, subdivisions (18.16, 18.24,
18.32)
1610 Adds subsection ()~ to § 16.12.030, soil
report (16.12)
1611 Adds § 14.04.125, traffic diverters
(14.04)
1612 Amends Ch. 5.04, business license
taxes (5.04)
1613 Amends contract with Boazd of Admin-
istration of California Public Employees
Retirement System (Not codified)
1614 Moratorium on certain subdivision,
building and grading uses in Inspiration
Heights azea (Not codified)
1615 Adds Ch. 14.15, xeriscape landscaping;
amends title of Title 14 to be Streets,
Sidewalks and Landscaping (14.15)
1616 Amends § 2.7.3 of Ord. 1606, massage
establishments and services (9.06)
1617 Amends § 2.04.040, vacancy on City
Council (2.04)
1618 Amends §§ 19.08.030, 19.28.040,
19.28.070, 19.56.040 and 19.124.100,
zoning (19.08, 19.28, 19.56, 19.124)
1619 Extends moratorium contained in Ord.
1614 (Not codified)
1620 Amends Ch. 16.32, swimming pools
(16.32)
1621 Rezone (Special)
1622 Amends Ch. 15.32, water conservation
(15.32)
1623 Amends § 2.48.020(A); repeals §§
2.48.020(F~ and 2.48.020(G), depart-
ment organization (2.48)
1624 Amends Title 17, signs (17.04, 17.08,
17.12, 17.16, 17.20, 17.24, 17.32,
17.44, 17.52, 17.54)
1625 Amends § 5.16.040, gazage and patio
sales (5.16)
1626 Amends §§ 6.24.070 and 6.24.080, gaz-
bage containers (6.24)
1627 Amends § 18-1.201.(H), definition of
lot line adjustment (18-1.201.)
1628 Repeals and replaces Ch. 10.44, parades
and athletic events (10.44)
1629 Amends § 11.37.040, fee for processing
overweight vehicle permit (11.37)
1630 Amends §§ 14.15.040(E), 14.15.050(A),
14.18.040, 14.18.060(A), 14.18.090,
14.18.100, 14.18.110, 14.18.150(B),
14.18.170, 16.28.030, 19.16.060(E)(3),
19.20.060(E)(4), 19.28.060(E)(4),
19.44.070(E)(4), 19.56.070,
19.76.050(E), 19.88.060(7)(1) and (2),
19.132.060 and 19.136.060; repeals Ch.
2.44 and § § 19.44.090, 19.48.100 and
19.68.080, review authority (14.15,
14.18, 16.28, 19.16, 19.20, 19.28,
19.44, 19.56, 19.76, 19.88, 19.132 and
19.136)
1631 Repeals and replaces Title 8, animals
(Repealed by 1644)
1632 Amends § 3.23.120(B); repeals §
3.23.120(C), public works contract and
bidding procedures (3.23)
(Cupertino 3-96) 614-6
ORDINANCE LIST
1633 Amends § 11.24.160, stopping, standing
and pazking (11.24)
1634 Amends Ch. 19.40, zoning (19.40)
1635 Adds §§ 18-1.1303(G) and (H) and
19.28.050(C); amends §§ 18-1.1303(B),
(C) and (D), 19.08.030 and
19.28.060(E)(4), subdivisions and zon-
ing (18.52, 19.08, 19.28)
1636 (Number not used)
1637 Adds subsection (F~ to § 14.15.050 and
Appendix A to Ch. 14.15; amends §
14.15.040, xeriscape landscaping; adds
subsection (D) to § 16.28.040, fences;
adds § 19.76.070, and subsections
(D)(4) to § 19.28.060 and (C) to §
19.124.070; amends § § 19.08.030,
19.24.030(D), 19.28.060(C)(2),
19.28.070(A), [19.48.030B, C and D],
19.48.050(A) and (B), 19.48.070(A),
19.48.080, 19.48.090(A), 19.56.040,
19.56.070, 19.64.040(A),
19.80.030(B)(2), 19.92.040, 19.100.030,
19.104.030(A), 19.104.040(A),
19.124.030, 19.124.040,19.124.050(A),
19.124.100A[B], zoning (14.15, 16.28,
19.08, 19.24, 19.28, 19.48, 19.56,
19.64, 19.76, 19.80, 19.92, 19.100,
19.104, 19.124)
1638 Rezone (Special)
1639 Amends §§ 2.36.010, 2.36.020(B) and
2.36.050, pazk and recreation commis-
sion (2.36)
1640 Amends subsections (B) and (H) of §
10.44.020, pazades and athletic events
(10.44)
1641 Amends Ch. 2.86, affordable housing
committee (2.86)
1642 Amends § 2.20.010, city clerk (2.20)
1643 Amends Ch. 9.06, massage establish-
ments (9.06)
1644 Repeals and replaces Title 8, animals
(Title 8)
1645 Amends § 11.24.160, parking prohibi-
tion (11.24)
1646 Rezone (Special)
1647 Amends Ch. 10.25, regulation of smok-
ing in certain public places (10.25)
1648 Amends § 11.38.040, transportation
demand management (11.38)
1649 Amends § 11.08.160, bicycles (11.08)
1650 Amends § 11.29.040(A)(1), on-site
parking; amends § 19.96.030(A)(1),
parking and keeping vehicles in various
zones (11.29, 19.96)
1651 Adds subsection C to § 14.24.040; re-
peals subsection D of § 14.24.080, un-
derground utilities-new developments
(14.24)
1652 Adds §§ 14.04.175 and 14.04.176;
amends § § 14.04.010(H) and (I),
14.04.110 and 14.04.160(B), street im-
provements (14.04)
1653 Adds Art. 14 to Title 18, street facility
reimbursement charges (18.56)
1654 Amends § 19.08.030, zoning (19.08)
1655 Amends §§ 17.24.130, 17.32.040,
17.44.030 and 17.44.080, signs (17.24,
17.32, 17.44)
1656 Amends §§ 19.04.090, 19.48.090
[ 19.48.070] and 19.124.030, zoning
(19.04, 19.48, 19.124)
1657 Amends §§ 19.08.030, 19.20.030,
19.20.040, 19.28.030, 19.28.040,
19.32.030, 19.32.040, 19.36.030,
19.36.040, 19.40.030, 19.40.040,
19.44.040, 19.44.050 and 19.100, zon-
ing (19.08, 19.20, 19.28, 19.32, 19.36,
19.40, 19.44, 19.100)
1658 Amends §§ 19.40.030(G), 19.40.050
and 19.40.060, zoning; repeals §
19.40.040(A)(8) (19.40)
1659 Rezone (Special)
1660 Amends Ch. 2.16, city council - sala-
ries (2.16)
1661 Adds § 10.25.110, regulation of smok-
ing in certain public places (10.25)
1662 Rezone (Special)
1663 (Number not used)
1664 Adds Title 20, general and specific
plans (20.02, 20.04)
614-7 (Cupertino s-96>
TABLES
1665 Repeals and replaces Ch. 10.68, juve-
nile curfew regulations (10.68)
1666 Adds new § 10.56.040; amends §§
10.56.020 and 10.56.030; amends and
renumbers § 10.56.040 to be 10.56.050;
renumbers §§ 10.56.050 to be
10.56.060 and 10.56.060 to be
10.56.070, trespassing upon parking
lots, shopping center property and other
property open to the public (10.56)
1667 (Not passed)
1668 Amends §§ 10.21.010, 10.21.020,
10.21.040, 10.21.070 and 10.21.080,
news racks; repeals §§ 10.21.050,
10.21.080, 10.21.090 and 10.21.110
(10.21)
1669 Adds Ch. 10.60, regulation of graffiti
(10.60)
1670 Rezone (Special)
1671 Adds Ch. 19.81, recycling areas (19.81)
1672 Adds Ch. 1.16, appeals of administra-
tive decisions (1.16)
1673 Adds Ch. 2.18, city attorney (2.18)
1674 Amends § 18-1.602.10, credit for pri-
vate recreation or open space (18.24)
1675 Repeals and replaces Ch. 1.08, right of
entry for inspection (1.08)
1676 Adds §§ 11.04.011, 11.04.019,
11.04.031, 11.04.091 and 11.04.092;
amends §§ 11.04.010, 11.04.020,
11.04.030, 11.04.040, 11.04.050,
11.04.062, 11.04.070, 11.04.090,
11.04.100, 11.04.110, 11.04.120,
11.04.130, 11.04.140 and 11.04.150;
repeals §§ 11.04.061, 11.04.080 and
11.04.160, abatement of abandoned
vehicles (11.04)
1677 Amends §§ 1.09.030, 1.09.040,
1.09.050, 1.09.060, 1.09.080, 1.09.100,
1.09.110 and 1.09.150; repeals §§
1.09.070, 1.09.090, 1.09.120, 1.09.130
and 1.09.140, nuisance abatement (1.09)
1678 Amends § 2.48.020, departmental orga-
nization (2.48)
1679 Adds Ch. 2.88, audit committee (2.88)
1680 Rezone (Special)
1681 Amends Ord. 1223, rezone (Special)
1682 Adds Ch. 19.82, beverage container
redemption and recycling centers
(19.82)
1683 Amends §§ 11.24.150 and 11.24.160,
establishment of certain parking prohi-
bition (11.24)
1684 Rezone (Special)
1685 Rezone (Special)
1686 (Not passed)
1687 Amends Ch. 19.56, zoning (19.56)
1688 Adds defmitions to § 19.08.030 and §§
19.16.030(J), 19.16.040(B)(3)-(6),
19.20.030(J) and (K), 19.20.040(B)
(10(13), 19.28.030(K), 19.28.040
(B)(3~(6), 19.32.030(H) and (I),
19.32.040(B)(2)---(5), 19.36.030(G) and
(H), 19.36.040(B)(3)--(5), 19.40.030
(H)[I], 19.40.040(B)(3)-(5) and
19.44.040(F~ and (H) [E and F];
amends §§ 19.16.030(I), 19.28.030(F),
19.36.040(B)(2), 19.40.030(F),
19.40.040(B)(2), 19.44.050, 19.64.050
(C) and 19.100.020, zoning (19.08,
19.16, 19.20, 19.28, 19.32, 19.36,
19.40, 19.44, 19.64, 19.100)
1689 Rezone (Special)
1690 Rezone (Special)
1691 Rezone (Special)
1692 Amends § 11.12.030, speed limits
(11.12)
1693 Amends § 16.40.250, fire code (Re-
pealed by 1711)
1694 Rezone (Special)
1695 Amends Condition 4 of Application 2-
2-94 relating to tree protection (Not
codified)
1696 (Pending)
1697 Adds §§ 2.04.005, 2.04.025, city coun-
cil-election and meetings (time and
place), and 2.08.105, city council-rules
and conduct of meetings; amends Ch.
1.01 footnote and §§ 1.01.010,
1.01.030, code adopted, 1.04.010(3),
(Cupertino 3-96) 614-8
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, pazk and recreation commis-
sion, 2.40.020, 2.40.030, 2.40.040,
2.40.050, 2.40.060(B) and (G)(3),
2.40.090, disaster council, 2.48.020,
departmental organization, 2.52.050,
2.52.060, 2.52.150, 2.52.160, 2.52.220,
2.52.240, 2.52.260, 2.52.270(A)(2),
(A)(6), (B) and (C), 2.52.290(L), (N)
and (R), 2.52.380, 2.52.420, 2.52.430,
2.52.440, 2.52.450, 2.52.470(A),
2.52.480, 2.52.490, personnel code,
2.68.070(A) and (B), library commis-
sion, 2.74.040, cable television advisory
committee, 2.86.060(A) and 2.86.070,
affordable housing committee; repeals
§§ 1.04.010(26), 1.09.170, 2.08.020,
2.08.080(C), 2.08.120, 2.32.080,
2.32.100, 2.36.100, 2.52.100(F),
2.52.190, 2.52.200, 2.52.210,
2.52.270(A)(1), (D) and (E), 2.52.390,
2.52.460, 2.52.470(A)(5), 2.52.500,
2.52.510, 2.52.520, Ch. 2.56, 2.60.090,
Ch. 2.72, 2.74.080(B) and Ch. 2.76
(1.01, 1.04, 1.09, 1.12, 1.16, 2.04, 2.08,
2.12, 2.20, 2.24, 2.28, 2.30, 2.32, 2.36,
2.40, 2.48, 2.52, 2.68, 2.74, 2.86)
1698 Adds intersections to § § 11.20.020 and
11.20.030, stop signs (11.20)
1699 Adopts Stevens Creek Boulevazd specif-
ic plan (Special)
1700 Ninety-day moratorium on issuance of
licenses or permits for massage estab-
lishments and services (Special)
1701 Rezone (Special)
1702 Approves development agreement be-
tween city and Hewlett-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, gazage 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)
614-9 (Cupertino 3-96)
TABLES
1708 Repeals and replaces Ch. 16.20, plumb-
ing code adopted (16.20)
1709 Repeals and replaces Ch. 16.24, me-
chanical code adopted (16.24)
1710 Repeals and replaces Ch. 16.56, uni-
form housing code adopted (16.56)
1711 Repeals and replaces Ch. 16.40, fire
code (16.40)
1712 Urgency ordinance; adds §§ 9.06.090
(B)(7) and (8), 9.06.245 and 9.06.275;
amends §§ 9.06.010(A), 9.06.020(E)
and (G), 9.06.040, 9.06.070(2),
9.06.080, 9.06.090(B), 9.06.110(B),
9.06.160, 9.06.170, 9.06.230, 9.06.240
and 9.06.260; and repeals § § 9.06.120,
9.06.130, 9.06.140 and 9.06.150, mas-
sage establishments and services (9.06)
(Cupertino 3-96) O14-10
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
San Jose-Cupertino reorganized territory
compensation prohibited 16.48.010
6 9 (Cupertino 3-96)
BUILDING
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 SWIlvIl~~ING POOL
BUILDING CODE
Address marking, site numbering 16.04.050
Adopted 16.04.010
Amendments
Section 105 16.04.020
Section 108.7 16.04.030
Section 310.7 16.04.070
Section 1806.1 16.04.080
Section 1924 16.04.090
Section 2326.11.3 16.04.100
Section 3403.2 16.04.110
Bracing 16.04.100
Ceiling, suspended 16.04.110
Enforcement of provisions 16.04.020
Fees
energy permit 16.04.130
inspection 16.04.120
Foundations, reinforcement 16.04.080
Hearing 16.04.140
Inspection
fees
See Fees
generally 16.04.030
Seismic safety 16.04.040
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
BUIIDING 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
Separate businesses, same location, sepazate licenses
required 5.04.130
Statements
deemed not conclusive, confidentiality 5.04.260
extension for filing 5.04.270
failure to file 5.04.190
verification, audit 5.04.180
Tax increase, automatic, consumer price index
5.04.460
Terminology of provisions 5.04.040
Title of provisions 5.04.010
Transfer 5.04.150
Violation, penalty
generally 5.04.500
remedies cumulative 5.04.510
- C -
CABLE TELEVISION ADVISORY COMMITTEE
Budget 2.74.070
Effect of provisions 2.74.080
(Cupertino 3-96) O20
CABLE TELEVISION ADVISORY COMMITTEE
Established 2.74.010 Franchise
Meetings, staff, officers, quorum 2.74.040 application 6.28.210
Member duration 6.28.050
term 2.74.020 effective date 6.28.230
vacancy filling 2.74.030 existing 6.28.270
Powers, duties 2.74.060 granting 6.28.030
Recordkeeping 2.74.050 payment 6.28.070
renewal 6.28.220
CABLE TELEVISION FRANCHISE Inadequate remedy 6.28.246
Conflicting provisions 6.28.160 Indemnification 6.28.160
Customer service standards 6.28.090 Inspection 6.28.170
Definitions 6.28.010 Limitation 6.28.080
Design, construction 6.28.080 Location 6.28.110
Discrimination 6.28.110 Permit 6.28.100
Duration 6.28.030 Pole, facility use 6.28.200
Enforcement Regulation 6.28.045
nonenforcement 6.28.120 Removal, abandonment 6.28.120
remedies reserved 6.28.100 Repair 6.28.245
Failure to perform 6.28.140 Requirements generally 6.28.190
Fees 6.28.050 Severability of provisions 6.28.250
Finances, funds, bonds 6.28.060 Standards 6.28.180
Granting, generally 6.28.020 Street work failure 6.28.140
Insurance, indemnification 6.28.070 Supervision 6.28.247
Notices 6.28.130 Use permitted 6.28.040
Rights reserved by city 6.28.040 Violation, penalty 6.28.240
Severability of provisions 6.28.150
CIGARETTE, TOBACCO VENDING MACHINES
CAFETERIA Public places
See RESTAURANT permitted where, restrictions 10.27.040
prohibitions generally 10.27.030
CALIFORNIA WATER SERVICE Purpose, intent of provisions 10.27.020
See FRANCHISE Title of provisions 10.27.010
Violation, penalty 10.27.050
CAT
See ANIMAL CIRCULAR
See ADVERTISEMENT
CATV
Acquisition 6.28.060 CIRCUS
Advisory committee Business license
See CABLE TELEVISION ADVISORY See also BUSINESS LICENSE
COMMITTEE fee 5.04.340
Arbitration 6.28.260
Bond 6.28.150 CITY
Change 6.28.130 Defined 1.04.010
City authority 6.28.090 Officials
Definitions 6.28.010 See Specific Officer
621 (Cupertino 3-96)
CIVII, DEFENSE
CIVII. DEFENSE
See DISASTER COUNCIL
CLERK, CITY
Appointment 2.20.100
Bingo permit hearing, setting, notice 5.32.230
City seal custodian 2.20.050
Conflict of interest 2.64.020
Construction prohibition appeal notice 10.48.060
Department
See departmental organization
Deputy, appointment 2.20.110
Election date change
copy filing 2.76.020
voter notification 2.76.030
Employees' retirement system execution 2.56.020
Nuisance abatement lien certificate, issuance
1.09.140
Oath of office, bond 2.20.040
Oaths, affirmations administration 2.20.070
Other duties 2.20.080
(Cupertino 3-96) 622
DEPARTMENTAL ORGANIZATION
Purpose 2.48.010
DISASTER COUNCIL
Director of emergency services
created 2.40.050
powers, duties 2.40.060
Emergency
defined 2.40.020
organization
membership 2.40.070
structure, duties, functions 2.40.080
Expenditures 2.40.100
Membership 2.40.030
Mutual aid provided 2.40.090
Powers, duties 2.40.030
Purposes 2.40.010
Violation, penalty 2.40.110
DOCUMENTARY STAMP TAX
Administration, authority 3.04.090
Exemptions 3.04.040
Imposition, rate 3.04.020
Payment responsibility 3.04.030
Refund claim, authority 3.04.100
Short title, authority 3.04.010
DOG
See ANIMAL
Amendments
Article 336-4 16.16.060
Cables, nonmetallic-sheathed 16.16.060
EMERGENCY
See DISASTER COUNCII.
EMPLOYEE, CITY
See PERSONNEL
EMPLOYEES' RETIREMENT SYSTEM
See PERSONNEL
ENGINEER, CTTY
Preliminary soil report approval 16.12.050
Truck route signing 11.32.020
ENVIRONMENTAL PROTECTION
CEQA guidelines adopted 2.84.090
ENVIRONMENTAL REVIEW COIVIIVIITTEE
Appeals 2.84.100
City powers not restricted 2.84.120
Chairperson 2.84.030
Compensation, expense reimbursement 2.84.050
Environmental assessment fee 2.84.110
Established, composition 2.84.010
Meetings
majority vote 2.84.060
DRUG PARAPHERNALIA
Exhibition, minors prohibited 10.70.010
Severability of provisions 10.70.020
- E -
EARTHQUAKE
See BUII.DING
TOXIC GASES
UNREINFORCED MASONRY BUII.DINGS
ELECTIONS, MUNICIPAL
See COUNCIL, CITY
ELECTRICAL CODE
Adopted 16.16.010
quorum 2.84.040
Office, term 2.84.020
Powers, duties 2.84.080
Record of proceedings 2.84.070
EQUIPMENT, SURPLUS, SALE
Auction
bidding, payment 3.25.060
required 3.25.050
Between agencies 3.25.080
Centralization required 3.25.030
Notice 3.25.040
Officer designated, powers, duties generally
3.25.020
Open market, when 3.25.070
Severability of provisions 3.25.100
EQUIPMENT, SURPLUS, SALE
System adopted 3.25.010
To officer, employee of city, restrictions 3.25.090
EXCAVATION, GRADING, RETAINING WALLS
Appeals 16.08.265
Bond requirements 16.08.150
Civil engineer grading supervision
See Grading
Definitions 16.08.020
Engineering geological reports 16.08.120
Fees 16.08.160
Grading
See also Specific Type or Phase
supervision 16.08.230
Inspections 16.08.250
Interim plan 16.08.110
Limitations of provisions 16.08.040
Modifications 16.08.240
Permit
application
contents 16.08.080
form 16.08.090
approval conditions 16.08.190
denial 16.08.180
design standards 16.08.200
exemptions
categorical 16.08.070
generally 16.08.060
issuance conditions 16.08.170
limitations, conditions 16.08.210
permittee
See Permittee
revocation 16.08.280
suspension 16.08.270
Permittee responsibility 16.08.220
Purpose of provisions 16.08.010
Scope 16.08.050
Severability 16.08.030
Site map, grading plan required 16.08.100
Soils engineering reports 16.08.130
Title of chapter 16.08.000
Work completion notice, report 16.08.260
Work schedule required 16.08.140
EXPLOSIVES
See also FIRE
Permit
issuance 10.20.020
required, application 10.20.010
Storage 10.20.030
Violation, penalty 10.20.040
-F-
FALSE ALARM
See ALARM
FAMILY CARE HOME
Business license
See also BUSINESS LICENSE
fee 5.04.410
FENCE
Chapter purpose 16.28.010
Construction design review guidelines
general 16.28.040
site review required 16.28.030
Definitions 16.28.020
Exceptions 16.28.060
Location
See Construction design review guidelines
Materials
See Construction design review guidelines
Ordinance publication 16.28.090
Proximity to public streets 16.28.050
Setback, area requirements
front 16.28.020
reaz 16.28.020
side 16.28.020
Severability 16.28.080
Violation, penalty 16.28.070
FINANCE
See PURCHASING
FINANCE DIRECTOR
Financial recordkeeping 2.20.020
Finance department head 2.48.020
(Cupertino 3-96) 626
FINANCE DIRECTOR
Purchasing officer, designation, duties
See PURCHASING OFFICER
Storm drainage service charge
bill correction authority 3.36.150
collection duties
balance payments 3.36.090
generally 3.36.080
omitted charges 3.36.100
premises inspection authority 3.36.190
FINE ARTS ACTIVITIES
Regulations generally 2.80.080
FINE ARTS COMMISSION
Compensation, expenses 2.80.090
Effect of provisions 2.80.100
Established, appointment, composition 2.80.010
Meetings
generally 2.80.050
quorum
See generally
voting, requirements 2.80.060
Members
See also Established, appointment, composition
term of office 2.80.020
vacancy filling, removal procedures 2.80.030
Officers 2.80.040
Powers, duties generally 2.80.080
Recordkeeping 2.80.070
FIRE
See BUII,DING
FIIZE CODE
SMOKING
FIRE CODE
Additions
Appendix II-A, Section 16.3 16.40.900
Appendix II-A, Section 25 16.40.910
Appendix III-B, Section 5 16.40.920
Section 101.3.1 16.40.020
Section 103.3.2.3 16.40.030
Section 103.3.2.4 16.40.040
Section 1O5.8f.6 16.40.050
Section 105.9 16.40.070
Section 209-H 16.40.090
Section 105.81.1 16.40.060
Section 214-M 16.40.100
Section 220-S 16.40.110
Section 1001.11 16.40.130
Section 1003.1.4 16.40.140
Section 1004.6 16.40.150
Section 1007.3.3.3.5 16.40.170
Section 7901.1.1.1 16.40.280
Section 8001.4.2.1 16.40.370
Section 8001.4.7.4 16.40.420
Section 8001.9.8 16.40.440
Section 8001.10.1.2 16.40.450
Section 8001.14.5 16.40.470
Section 8001.14.6 16.40.480
Section 8001.14.6.1 16.40.490
Section 8001.14.6.2 16.40.500
Section 8001.14.6.3 16.40.510
Section 8001.14.6.4 16.40.520
Section 8001.14.6.5 16.40.530
Section 8001.14.6.6 16.40.540
Section 8001.14.6.7 16.40.550
Section 8001.14.6.8 16.40.560
Section 8001.14.6.9 16.40.570
Section 8001.14.6.10 16.40.580
Section 8001.14.6.11 16.40.590
Section 8001.15 16.40.600
Section 8001.15.1 16.40.610
Section 8001.15.1.2 16.40.620
Section 8001.15.1.3 16.40.630
Section 8001.15.1.4 16.40.640
Section 8001.15.2 16.40.650
Section 8001.15.2.1 16.40.660
Section 8001.15.2.2 16.40.670
Section 8001.15.2.3 16.40.680
Section 8001.15.2.4 16.40.690
Section 8001.15.3 16.40.700
Section 8001.15.3.1 16.40.710
Section 8001.15.4 16.40.720
Section 8001.15.4.1 16.40.730
Section 8001.15.4.2 16.40.740
Section 8001.15.5 16.40.750
Section 8001.16 16.40.760
Section 8003.3.3.1 16.40.840
Section 8003.3.4.1 16.40.850
6c 7 (Cupertino 3-96)
FIRE CODE
Section 8004.1.19 16.40.870
Section 8204.2.1 16.40.890
Adopted 16.40.010
Amendments
Section 903.3 16.40.120
Section 2501.18.2 16.40.180
Section 2501.18.2.1 16.40.190
Section 2501.18.2.2 16.40.200
Section 2501.18.2.3 16.40.210
Section 250].18.2.4 16.40.220
Section 5202.4.3.2 16.40.230
Section 5204.5.2.1 16.40.240
Section 6301 16.40.250
Section 7401.6.4 16.40.260
Section 7701.7.2 16.40.270
Section 7901.8.1 16.40.290
Section 7901.11.1.1 16.40.300
Section 7902.2.2.1 16.40.320
Section 8001.1.1 16.40.330
Section 8001.1.1.1 16.40.340
Section 8001.2.2 16.40.350
Section 8001.3.2 16.40.360
Section 8001.4.3.2 16.40.380
Section 8001.4.3.3 16.40.390
Section 8001.5.2.2 16.40.400
Section 8001.7 16.40.410
Section 8001.9.8 16.40.430
Section 8001.12.3.3 16.40.460
Section 8003.1 16.40.770
Section 8003.1.7.4 16.40.780
Section 8003.1.14.1 16.40.790
Section 8003.3.1.3.1 16.40.800
Section 8003.3.1.4 16.40.810
Section 8003.3.2.1 16.40.820
Section 8003.3.2.2.2 16.40.830
Section 8004.1.1 16.40.860
Section 8202.1 16.40.880
Table 105-A 16.40.080
Table 1004-A 16.40.160
Deletion, Section 7901.3.2 16.40.310
Hazard abatement 16.40.950
Hearings 16.40.940
Violation, penalty 16.40.930
FIltEARM
Concealable, sale
administrative authority 10.82.010
license
application 10.82.030
conditions 10.82.060
expiration, renewal 10.82.080
investigation 10.82.040
issuance, fee 10.82.050
nontransferable 10.82.070
required 10.82.020
violation, penalty 10.82.090
Permit required 10.76.010
Violation, penalty 10.76.020
FIRE CHIEF
Bingo permit applicant investigation 5.32.220
Toxic gas storage, use
compliance plan, permit
fee charging, data submittal requiring
16.42.060
time limit extension 16.42.070
controls requiring 16.42.230
facility closing duties 16.42.080
leak testing approval 16.42.130
sprinkler system requiring 16.42.190
FIRE MARSHAL, COUNTY
Weed abatement
assessment
collection authority 9.08.100
hearing, submittal of record 9.08.090
notice distribution 9.08.080
recordkeeping duty 9.08.070
duty 9.08.060
notice mailing 9.08.040
FIlZEWORKS
Defined 10.24.010
Definitions 10.24.010
Exceptions 10.24.030
Prohibitions 10.24.020
Severability 10.24.070
Violation, penalty 10.24.080
(Cupertino 3-96) ()28
FLOOD DAMAGE PREVENTION
FLOOD DAMAGE PREVENTION
Anchoring requirements 16.52.041
AO zone requirements 16.52.054
Appeal, variance
generally 16.52.030
variance conditions 16.52.035
Applicability of provisions 16.52.011
Compliance with provisions required 16.52.012
Definitions 16.52.010
Development
permit required when, application
requirements 16.52.020
permit review
See Planning, community development
director
Firm
See Flood insurance rate map
Floodway restrictions 16.52.055
Habitable floor elevation
See New construction
Interpretation of provisions 16.52.013
Liability disclaimer 16.52.014
Manufactured home
anchoring requirements
See Anchoring requirements
requirements 16.52.053
New construction
anchoring
See Anchoring requirements
habitable floor elevation
nonresidential requirements 16.52.052
residential requirements 16.52.051
material method requirements 16.52.042
Nonresidential requirements
See New construction
Permit
See Development
Planning, community development director
See also PLANNING DIRECTOR
duties designated 16.52.021
Recordkeeping
See Planning, community development
director
Residential requirements
See New construction
Subdivisions proposals 16.52.044
Utility requirements 16.52.043
Variance
See Appeal, variance
Violation, penalty 16.52.016
Watercourse alteration
See Planning, community development
director
FOOD ESTABLISHMENT
See RESTAURANT
629631
(Cupertino 3-96)
MANAGER, CITY
Solicitor
administrative authority 5.20.100
identification permit
application investigation 5.20.020
revocation, duties 5.20.070
Street tree enforcement 14.12.030
Surplus sales officer duties 3.25.020
Suspension, removal, resignation 2.28.090
Taxicab driver license suspension, revocation
5.28.180
Temporary absence, replacement 2.28.070
Traffic
speed limit signing 11.12.040
stop intersection signing 11.20.040
through street signing 11.16.040
Water
Suspension, revocation
grounds 9.06.200
hearing 9.06.210
Unlawful when 9.06.080
Violation, penalty
continuing 9.06.270
generally 9.06.250
MAYOR
Board of appeals appointment 16.04.020
Disaster council chairman 2.40.030
Electrical board of appeals appointment 16.16.130
Employees' retirement system execution 2.56.020
MECHANICAL CODE
Adopted 16.24.010
department duties 15.12.090
provisions enforcement 15.12.050
MASSAGE ESTABLISHMENTS, SERVICES
Appeals 9.06.220
Applicability of provisions 9.06.275
Definitions 9.06.020
Exemptions 9.06.030
Inspection 9.06.240
of premises 9.06.240
of records 9.06.245
License
application 9.06.050
denial grounds 9.06.070
fee 9.06.060
required 9.06.040
Massage therapist permit application
content 9.06.090
criteria 9.06.110
fee, renewal 9.06.100
Medical examination requirement 9.06.160
Nuisance 9.06.220
Off-site massage
permit
application 9.06.180
criteria 9.06.190
Permit display required 9.06.230
Purpose of provisions 9.06.010
Severability of provisions 9.06.280
Amendments
Section 310.1 16.24.030
Table No. 1-A 16.24.070
Appeals 16.24.060
Condensate wastes 16.24.030
Hearings 16.24.040
Name substitution 16.24.020
Permit fees 16.24.070
Severability of provisions 16.24.050
Violation, penalty 16.24.080
MINOR
See BINGO
CURFEW
DRUG PARAPHERNALIA
MOSQUITOES
Abatement
by city when 9.16.080
cost
See also LIEN
payment by owner 9.16.090
notice
contents 9.16.050
when 9.16.040
Breeding places declared nuisance 9.16.020
Enforcement authority 9.16.030
Findings, intent 9.16.010
Health officer defined 9.16.150
6? 7 (Cupertino 3-96)
MOSQUITOES
Hearing 9.16.060
Lien
exemption 9.16.140
foreclosure 9.16.120
generally 9.16.100
recordation, priority 9.16.110
satisfaction from sale proceeds
Recurrence of nuisance 9.16.070
MOTEL
Business license
See also BUSINESS LICENSE
fee 5.04.390
MOTOR COURT
Business license tax rate 5.04.390
MOVING BUILDINGS
See BUILDING
-N-
NEWSPAPER
See ADVERTISEMENT
Purpose of provisions 10.46.080
Urgency declaration 10.46.090
Violation, penalty 10.46.070
NOISE CONTROL
See also NOISE
9.16.130 Administration 10.48.020
Animals, birds 10.48.061
Brief daytime incidents 10.48.050
City department duties 10.48.023
Commercial
NEWS RACK
Display prohibitions 10.21.070, 10.21.100
Findings, purpose of provisions 10.21.010
Impoundment
See Removal permitted when
Permit
fee 10.21.030
required 10.21.020
Removal permitted when 10.21.120
Severability of provisions 10.21.140
Violation, penalty 10.21.080, 10.21.130
NOISE
See also NOISE CONTROL
Construction
prohibited
appeal procedure 10.46.060
exception 10.46.050
generally 10.46.040
Definitions 10.46.020
area, defined 10.48.010
established, defined 10.48.010
Construction defined 10.48.010
Daytime defined 10.48.010
Decibel defined 10.48.010
Definitions, defined 10.48.010
Deliveries, pickups
nighttime 10.48.062
vehicular, defined 10.48.010
Demolition defined 10.48.010
Disturbance
defined 10.48.010
prohibited 10.48.060
Emergency
defined 10.48.010
exception 10.48.030
work defined 10.48.010
Exceptions
appeal 10.48.032
emergency
See Emergency
special, granting 10.48.031
Grading, construction, demolition 10.48.053
Holiday defined 10.48.010
Home maintenance activities 10.48.051
Industrial area defined 10.48.010
Level defined 10.48.010
Maximum levels 10.48.040
(C~pertino 3-96) 638
PERMIT
Sign 17.12.020
Solicitor identification 5.20.030
Swimming pool 16.32.070
Taxicab
driver 5.28.160
operation 5.28.060
Temporary pazking 11.24.220
Toxic gas storage, use 16.42.060
Tree care 14.12.060
Watercourse, discharge into, NPDES permit
9.18.080
Water system connection 15.12.080
PERSONNEL
Accruals credits, retained 2.52.080
Authority
city manager 2.52.100
council 2.52.090
Child care expense reimbursement, granted
specified officers 2.72.010
City
rights 2.52.310
conflict of interest
See CONFLICT OF INTEREST
Council, rights, powers 2.52.350
Definitions 2.52.290
Employee
organization
appropriate unit determination 2.52.470
formal recognition petition 2.52.450
representative determination 2.52.480
rights 2.52.300
Employer-employee relations 2.52.280
Employment continuation 2.52.490
Federal, state, city laws, authority 2.52.340
Grievance processing procedure 2.52.420
Impasse procedures 2.52.410
Jurisdiction A
classification plan
provisions included 2.52.160
purpose 2.52.140
scope of coverage, adoption 2.52.150
pay plan 2.52.180
Jurisdiction B
provisions included 2.52.240
purpose 2.52.220
scope of coverage, adopted 2.52.230
Jurisdiction C
provisions included 2.52.270
purpose 2.52.250
scope of coverage, adopted 2.52.260
Jurisdictions
designated 2.52.040
exclusions 2.52.050
exemptions 2.52.060
Legislative intent 2.52.030
Meet and confer in good faith
advance notice required 2.52.440
exclusions 2.52.400
memorandum of understanding 2.52.430
scope 2.52.380
Municipal employee relations officer designated
2.52.320
Purpose 2.52.010
Repeal of prior provisions 2.52.070
Rules, regulations
adoption 2.52.330
adoption, effectiveness 2.52.130
scope, applicability 2.52.120
State law applicability 2.52.370
System adopted 2.52.020
Written agreements, effect 2.52.360
PET SHOP
See ANIMAL
PISTOL
See FIREARM
PLANNING COMMISSION
Chainman, election 2.32.040
Established 2.32.010
Fences, location, height determination
16.28.030
Flood area appeal duties 16.48.030
Meetings
amendments, records required 2.32.060
procedure 2.32.050
fY~3 (Cupertino 3-96)
PLANNING COMMISSION
Member
term of office 2.32.020
vacancy, removal 2.32.030
Powers, functions 2.32.070
Procedural rules 2.32.090
Sign provision duties
permit
application review 17.12.060
review 17.12.030
sign modification 17.12.070
PLANNING DIRECTOR
Bingo permit applicant investigation 5.32.220
Flood azea authority 16.48.021
PLUMBING CODE
Adopted 16.20.010
Amendments
generally 16.20.030
Section 609.3 16.20.050
Section 710.1 16.20.060
Section 719.7 16.20.070
Section 807.2 16.20.080
Appendix chapters adopted 16.20.090
Backwater valves 16.20.060
Cleanouts 16.20.070
Clothes dryer receptacles 16.20.040
Condensate disposals 16.20.080
Hearings 16.20.100
Name substitution 16.20.020
Slab floors, piping beneath 16.20.050
POLICE
See PRIVATE PATROL
SHERIFF
POLICE ALARM
See ALARM
POLLUTION
See WATERCOURSE POLLUTION
PREVENTION
PRELINIINARY SOIL REPORT
See BUILDING
PRIVATE SCHOOL
Business license
See also BUSINESS LICENSE
fee 5.04.420
PUBLIC SAFETY COMMISSION
Compensation, expenses 2.60.050
Duties, responsibilities 2.60.070
Effect 2.60.080
Established 2.60.010
Meetings, quorum, officers, staff 2.60.040
Members
term of office 2.60.020
vacancy removal 2.60.030
Records required 2.60.060
PUBLIC WORKS CONTRACTS
Award, criteria
lowest bid rejection, effect 3.23.100
lowest responsible bidder 3.23.070
Bid
competitive, required when 3.23.030
defined 3.23.020
exempt activities designated 3.23.130
informal procedure when 3.23.120
invitation, notice, contents 3.23.040
opening, procedure 3.23.060
presentation, security, requirements 3.23.050
rejection, identical, absence, effect 3.23.110
Bond requirements 3.23.140
City defined 3.23.020
Defined 3.23.020
Definitions 3.23.020
Lowest responsible bidder
See also Awadd, criteria
defined 3.23.020
Proceeds, deposit, use 3.23.150
Purpose of provisions 3.23.010
Security
See also Bid
forfeiture when 3.23.080
Severability of provisions 3.23.180
Work
additional, procedure when 3.23.160
deletion permitted when 3.23.170
(Cupertino 3-96) 644
PUBLIC WORKS DEPARTMENT
PUBLIC WORKS DEPARTMENT
See DEPARTMENTAL ORGANIZATION
PUBLIC WORKS DIRECTOR
Storm drainage service charge
collection duties 3.36.080
measurement, analysis methods report duties
3.36.060
64I-1 (Cupertino 3-96)